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Home My WebLink About2015_05_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 Council Chambers6:00 PMTuesday, May 12, 2015 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.ID 2015-0316 Present Certificate of Election and Oath of Office to Mayor Tim Reed, and Council Members Patty Bacon and Scott Meyer. Certificate of Election & Oath of Office - T. Reed Certificate of Election & Oath of Office - S. Meyer Certificate of Election & Oath of Office - P. Bacon Attachments: 3. Record of Council Attendance. 4. 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. 4.A. Action to approve the agenda. 4.B.ID 2015-0310 Action to approve the April 21 and April 28 Council Minutes. 4/21/2015 Minutes 4/28/2015 Minutes Attachments: Page 1 City of Brookings May 12, 2015City Council Meeting Agenda 4.C.ID 2015-0309 Action to cancel the May 19th City Council Study Session. 4.D.ID 2015-0315 Action to schedule a July 7th Special City Council Meeting. 4.E.ID 2015-0314 Action on appointment to the Brookings Historic Preservation Commission. 4.F.RES 15-056 Action on Resolution 15-056, a Resolution declaring items as surplus property. ResolutionAttachments: 4.G.ID 2015-0319 Action on Abatement of Property Taxes, Interest, Drainage Fees and Street Special Assessment for Parcel No. 40090-01300-019-00, Lot 19, Block 13, Camelot Square Addition in the City of Brookings. Abatement Form Map Attachments: 5. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 6. Open Forum/Presentations/Reports: 6.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. 6.B. SDSU Student Association Report. 6.C.ID 2015-0308 Presentation by Leadership Brookings Class Representatives; Historical Sign Program for Allyn Frerichs Trail System. Signage PresentationAttachments: 7. Contracts/Change Orders: 7.A.RES 15-053 Action on Resolution No. 15-053, a Resolution awarding the contract for 2015-2016 City Hay Land Lease (approximately 60 acres). Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 15-054 Action on Resolution No. 15-054, a Resolution awarding the contract for 2015-2016 Airport Hay Land Lease (approximately 236 acres). Resolution Map Attachments: Page 2 City of Brookings May 12, 2015City Council Meeting Agenda Action: Motion to Approve, Request Public Comment, Roll Call 8. 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. 9. Public Hearings and Second Readings: 9.A.ORD 15-003 Public Hearing and Action on Ordinance 15-003, an Ordinance rezoning for an Animal Research Facility as a Permitted Special Use in the I-1 and I-1R Industrial Districts. Ordinance Notice Public Hearing Notice Minutes and Summary Attachments: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/28/15 City Council read into the record 9.B.ORD 15-006 Public Hearing and Action on Ordinance 15-006, an Ordinance to change the zoning on Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District. Ordinance Public Notice Minutes and Summary Rezoning map Aerial view IDP plan and profiles Public Hearing Notice Attachments: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/28/15 City Council read into the record 9.C.ORD 15-007 Public Hearing and Action on Ordinance 15-007, an Ordinance Revising Section 46-22 of Article II and pertaining to the Appointment of Members to the Brookings Historic Preservation Commission in the City of Brookings, SD. OrdinanceAttachments: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/28/15 City Council read into the record 10. Other Business: Page 3 City of Brookings May 12, 2015City Council Meeting Agenda 10.A.RES 15-052 Action on Resolution 15-052, a Resolution authorizing the Construction and Equipping of Certain Improvements to the Brookings Health System pursuant to a Lease Agreement; Approving the Execution of an Irrevocable Declaration of Trust by Trustee; Providing for the Execution, Sale and Delivery of not to exceed $35,000,000 Aggregate original amount of Certificates of Participation in the Lease Agreement pursuant to a Certificate Purchase Agreement and the Application of the proceeds thereof to Construct and Equip Improvements to the Brookings Health System and approving and authorizing a Ground Lease of the Brookings Health System to the Trustee; and authorizing and approving other Actions and Agreements necessary to consummate the contemplated improvement and financing. Resolution Post Issuance Compliance Policy Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11. 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. 12. Executive Session 12.A.ID 2015-0253 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending contractual matters. Action: Motion to Enter Executive Session Action: Motion to Exit Executive Session 13. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe 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. Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community decision makers and other residents. Where these ideas overlap is the future of Brookings. www.engagebrookings.org 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 2015-0316,Version:1 Present Certificate of Election and Oath of Office to Mayor Tim Reed, and Council Members Patty Bacon and Scott Meyer. Summary: Mayor Tim Reed, and City Council Members Patty Bacon and Scott Meyer, will be presented with their Certificate of Election and take their Oath of Office. Attachments: Certificate of Election & Oath of Office - T. Reed Certificate of Election & Oath of Office - P. Bacon Certificate of Election & Oath of Office - S. Meyer City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 14th day of April, 2015, at the municipal election held throughout the city of Brookings Tim Reed was duly elected by the qualified voters of the city of Brookings to the office of Mayor for a term of three years, beginning May 1, 2015. Dated at Brookings, South Dakota, this 12th day of May, 2015. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Tim Reed, having been elected to the office of Mayor within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Tim Reed Subscribed and sworn to before me this 12th day of May, 2015. Shari Thornes, City Clerk State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 14th day of April, 2015, at the municipal election held throughout the City of Brookings Scott Meyer was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2015. Dated at Brookings, South Dakota, this 12th day of May, 2015. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Scott Meyer, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Scott Meyer Subscribed and sworn to before me this 12th day of May, 2015. Tim Reed, Mayor State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 14th day of April 2015, at the municipal election held throughout the City of Brookings Patty Bacon was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2015. Dated at Brookings, South Dakota, this 12th day of May, 2015. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Patty Bacon, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Patty Bacon Subscribed and sworn to before me this 12th day of May, 2015. Tim Reed, 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 #:ID 2015-0310,Version:1 Action to approve the April 21 and April 28 Council Minutes. Attachments: April 21 Council Minutes April 28 Council Minutes City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Brookings City Council April 21, 2015 (unapproved) The Brookings City Council held a study session on Tuesday, April 21, 2015 at 4:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer and Keith Corbett; Council Member Tom Bezdichek 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 for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters at 4:00 p.m. with the City Attorney, City Manager and City Clerk present. Motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Hansen to exit Executive Session at 4:50 p.m. Motion carried by a unanimous vote. Amend Agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to amend the agenda to include Resolution 15-047, a Resolution Canvassing the Recount Boards decision on the April 14, 2015 Municipal Election. Motion carried by the following vote: 6 – Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent – 1 – Bezdichek. Resolution 15-047. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-047, a Resolution Canvassing the Recount Boards decision on the April 14, 2015 Municipal Election, be approved. Motion carried by the following vote: 6 – Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent – 1 – Bezdichek. Resolution No. 15-047 - Canvassing the April 14, 2015 Municipal Election Recount Whereas, on the 14th day of April, 2015, there was held in the City of Brookings, South Dakota, an election for the purpose electing a Mayor and two City Council Members; and Whereas, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and Whereas, Candidate Lyle Bowes filed a letter requesting a recount; and Whereas, on Monday, April 20th at 3:00 p.m. the Recount Board assembled consisting of the following representatives: Amanda Quam (representing Scott Meyer), Penny Hauffe (representing Patty Bacon), Lyle Bowes, Gerald Warman (representing John Kubal), and Judge Rodney Steele (neutral representative appointed by the City Clerk); and Whereas, the Recount Board canvassed the results for the purpose of determining the official election outcome; and Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the official vote for the office of City Council at the City Election held April 14, 2015 was as follows: Patty Bacon Lyle Bowes Official Canvass Recount Official Canvass Recount Vote Center 1 395 395 301 301 Vote Center 2 455 455 577 577 Vote Center 3 101 101 108 108 Vote Center 4 2 2 1 1 Absentee 181 181 140 140 Provisional Ballot 0 0 0 0 TOTALS 1,134 1,134 1,127 1,127 John L. Kubal Scott Meyer Official Canvass Recount Official Canvass Recount Vote Center 1 277 277 412 412 Vote Center 2 572 572 680 680 Vote Center 3 98 98 128 128 Vote Center 4 2 2 1 1 Absentee 166 166 196 196 Provisional Ballot 0 0 1 1 TOTALS 1,115 1,115 1,418 1,418 Discussion topics included the Brookings Area Visioning Charrette Implementation Plan, 2016 Budget Study Session #1 on review of the current Capital Improvement Projects, and City Council ex-officio reports. Items for future discussion: A motion was made by Council Member Thorpe, seconded by Council Member Hansen, directing staff to develop a RFP for a public/private redevelopment of the Main Street Recreation Center (former WPA National Guard Armory) including the combination of retail, entrepreneurial and creative space. Council will vote on the final RFP. Motion carried by the following vote: 6 – Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent – 1 – Bezdichek. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the meeting be adjourned at 6:58 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk Brookings City Council April 28, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, April 28, 2015 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, John Kubal, and Jael Thorpe; Council Member Tom Bezdichek was absent. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Agenda. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that the agenda be amended to include a Presentation of an Airport Award by Bowes Construction and a Proclamation on the Nepal Disaster, and to remove Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code of Ordinance of the City of Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. 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: 7 – Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.; Absent: 1 – Bezdichek. 3.A. Action to approve the agenda as amended. 3.B. Action to approve the March 17, March 24, April 7, and April 17 City Council Minutes. 3.C. Action on various appointments to City Boards, Committees and Commissions: Airport Board: appoint Jason Baker (term 5/1/2015-5/1/2020); Brookings Committee for People who have Disabilities: reappoint Shawn Minor as Student Representative (5/1/2015-5/1/2016); Historic Preservation Commission: reappoint Les Rowland, Janet Merriman, and Janet Gritzner (terms 1/1/2015-1/1/2018); appoint Sara Lum (term 4/28/2015-1/1/2017); and appoint Greg Heiberger and Angela Boersma (terms 4/28/2015-1/1/2019); Human Rights Committee: appoint Kanbi Knippling as Student Representative (term 5/1/2015-5/1/2016); Park & Recreation Board: reappoint Beau Bordewyk as High School Representative (term 5/1/2015- 5/1/2016) and appoint Brian Brunner (term 4/28/2015-5/1/2018); Utility Board: reappoint Carol Pitts (term 5/1/2015-5/1/2020). 3.D. Action on appointment to the Business Improvement District #1 Board: appoint Kate Treiber (term 4/28/2015-1/1/2017). 3.E. Action on appointments to Downtown Retail Acceleration Grant Program Board: Council Member Jael Thorpe, BEDC Board Rep Tim Peters, DBI Board Rep Chad Broksieck, Interior Designer Nancy Lyons (alternate Angela Boersma) and three area business leaders: Tom Yseth, Julie Underwood, and Dave Jones. 3.F. Action to approve appointments for the Ad Hoc Indoor Recreation Center Committee: Council Member Dan Hansen, Randy Soma (School District), Brittany Kleinsasser (Park Board), Justin Sell (Hospital Rep), Jennifer Johnson (CVB), Mark Binkley (at-large), Gus Theodosopoulus (at-large), Matt Vukovich (at-large), and Becka Foerster (at-large). 3.G. Action on Abatement for Parcel 40655-00000-002-00; Lot 2, Weichsel, in the amount of $316.66. 3.H. Action on Resolution 15-051, a Resolution authorizing Change Order #1 for the Fire Dept. Aerial Ladder Truck; Toyne, Inc. Introduction of Elliot Johnson, new downtown Brookings, Inc. Director. Presentation by Bowes Construction to Jackie Lanning, City Engineer, and Philip Tiedemann, Airport Manager, for the asphalt work done on the Airport Runway Project. First District Association of Local Governments Annual Update by Todd Kays, Director. Resolution 15-042. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-042, a Resolution authorizing the Mayor to sign Amendment No. 1 to Agreement Number 714148 for Federal Aviation Administration Project No. AIP 3-46-0005-023-2010, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-042 - Resolution Authorizing the Mayor to Sign Amendment No. 1 to Agreement Number 714148 for Brookings Regional Airport Project No. AIP #3-46-0005-023-2010 Whereas, the Brookings City Council desires South Dakota Department of Transportation assistance with the Brookings Regional Airport Project No. AIP #3-46-0005-23-2010; and Whereas, Project No. AIP #3-46-0005-023-2010 involved wildlife fencing improvements at the Brookings Regional Airport and the work has been completed. Now, Therefore Be It Resolved that the Mayor of the City of Brookings is authorized to sign Amendment Number 1 to Agreement Number 714148 to amend the State’s Total Share for Project No. AIP #3-46-0005-023-2010. Resolution 15-043. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-043, a Resolution authorizing the Mayor to sign an Agreement between the State of South Dakota Department of Transportation and the City of Brookings for Project P 0014(177)421 PCN 546N, US Highway 14 Right- of-Way and Easements, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution No. 15-043 - A Resolution Authorizing the Mayor to Sign an Agreement between State of South Dakota Department of Transportation and City of Brookings for Project P 0014(177)421 PCN 546N; US Highway 14 Right of Way and Easements Whereas, the Brookings City Council desires the construction improvement of Project P- PH 0014(177)421 PCN 546N, US Highway 14 from west of 22nd Avenue to east of 34th Avenue in Brookings, SD; and Whereas, the City of Brookings desires the State of South Dakota Department of Transportation to negotiate and acquire property for highway purposes for construction of Project P-PH 0014(177)421 PCN 546N; and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the Agreement between the State of South Dakota Department of Transportation and the City of Brookings. Now, Therefore Be It Resolved, that the Mayor is hereby authorized to sign Right of Way and Easement Documents and the Agreement between the South Dakota Department of Transportation and the City of Brookings for Project Number P-PH 0014(177)421 PCN 546N. Resolution 15-045.A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 15-045, a Resolution awarding the contract City Council Minutes April 28, 2015 on 2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-045 - Resolution Awarding Bids for 2015-03SSI Division Avenue Drainage Improvement Project, Phase 2 Whereas, the City of Brookings opened bids for 2015-03SSI Division Avenue Drainage Improvement Project, Phase 2, on Tuesday, April 14, 2015 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for 2015-03SSI Division Avenue Drainage Improvement Project, Phase 2: Timmons Construction, Inc.: $177,331.25. Now Therefore, Be It Resolved that the project be awarded to the low bid of Timmons Construction, Inc. for $177,331.25, contingent on South Dakota Department of Environmental and Natural Resources approval. Resolution 15-048. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-048, a Resolution awarding the contract to purchase Two Truck Chassis with Raise-able Flatbed Option for Brookings Parks, Recreation and Forestry Dept., be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-048 - Awarding a Contract for the purchase of Two Truck Chassis with Raise-able Flatbed Option for Brookings Parks, Recreation and Forestry Dept. Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, April 14, 2015; and Whereas, the City of Brookings has received the following bids (UL = Unleaded, D = Diesel): Einspahr Auto Plaza, Brookings, SD, Schedule 1 Bid Price (Chassis Only) in the amount of $59,676.00 UL, and Schedule 2 Bid Price (with Flatbed Option) in the amount of $81,476.00 UL; and Boyer Trucks Option #1, Sioux Falls, SD, Schedule 1 Bid Price (Chassis Only) in the amount of $53,616.00 and Schedule 2* Bid Price (with Flatbed Option) in the amount of $91, 312.00 D or $88,008.00 UL; and Boyer Trucks Option #2, Sioux Falls, SD, Schedule 1 Bid Price (Chassis Only) in the amount of $67,456.00 D and Schedule 2* Bid Price (with Flatbed Option) in the amount of $91,350.00 D or $88,046.00 UL. *Schedule 2 Boyer Trucks bid included two different hoist designs which were bid separately. The Parks Dept. capital budget for this expenditure is $96,000.00. Now Therefore, Be it Resolved that the bid from Einspahr Auto Plaza of Brookings, SD in the amount of $81,476.00 be accepted. Resolution 15-050. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-050, a Resolution awarding the contract for the purchase of Playground Equipment for Dakota Prairie Elementary School, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-050 - Action Awarding a Contract for Purchase of New Playground Equipment and Poured-in Place Surfacing for Dakota Prairie Elementary School Whereas, the City of Brookings has sought and received the following quote for playground equipment and poured-in-place surfacing from The Cooperative Purchasing Network and Dakota Fence Company a bid for Playground Equipment/Furnishings in the amount of $204,352.72 including shipping, and Poured-in-Place Surfacing in the amount of $149,500.00 installed, for a total bid of $353,852.72. The Parks Dept. capital budget for this expenditure is $150,000.00. Now Therefore, Be It Resolved that the contract from the Dakota Fence and from the Cooperative Purchasing Network in the amount of $353,852.72 be accepted. Resolution 15-049. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 15-049, a Resolution rejecting bids for the Street Department Maintenance Facility Demolition Project, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution No. 15-049 - Resolution Rejecting Bids on Street Department Maintenance Facility Demolition Project Whereas, the City of Brookings opened bids for Street Department Maintenance Facility Demolition Project, on Tuesday, April 14, 2015 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for the Street Department Maintenance Facility Demolition Project: Prussman Construction, Brookings, SD – Base Bid and Alternate #1 (Utility Cap off and Material Hauling): $62,245.00; VJ Ahlers Excavating, Brookings, SD - Base Bid $49,920.92, Alternate #1 (Utility Cap off and Material Hauling), was not addressed in bid documents; Rounds Construction, Brookings, SD - Base Bid and Alternate #1 (Utility Cap off and Material Hauling): $84,000.00; and Whereas, the low bid of VJ Ahlers did not acknowledge the addendum on the bid proposal and the addendum was for additional work that would have altered the price of the bid. Now, Therefore, Be It Resolved that all bids for Street Department Maintenance Facility Demolition Project be rejected. First Reading - Ordinance 15-003. Introduction and First Reading of Ordinance 15- 003, an Ordinance rezoning for an Animal Research Facility as a permitted special use in the I-1 and I-1R Industrial Districts. Public Hearing: May 12, 2015. First Reading - Ordinance 15-007. Introduction and First Reading of Ordinance 15- 007, an Ordinance Revising Section 46-22 of Article II and pertaining to the Appointment of Members to the Brookings Historic Preservation Commission in the city of Brookings, SD. Public Hearing: May 12, 2015. First Reading - Ordinance 15-006. Introduction and First Reading of Ordinance 15- 006, an Ordinance to change the zoning on Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District. Public Hearing: May 12, 2015. Temporary Alcohol License. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that the temporary liquor application for the VFW for a wedding reception at the National Guard Armory on May 8, 2015, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Temporary Alcohol License. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that the temporary liquor application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Avenue on July 18, 2015, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-040. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-040, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor License for Wonder, Inc., DBA The Wild Hare, Justin Kirchhevel, Amy Kirchhevel, Todd Voss, David Kneip and Greg Kneip, owners, 303 3rd Street, Brookings, South Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution No. 15-040 - Wonder, Inc., DBA The Wild Hare On-Sale Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Wonder, Inc., DBA The Wild Hare, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 303 3rd Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Ordinance 15-002. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Ordinance 15-002, an Ordinance Amending Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Unit Standards, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Transportation Steering Committee Recommendation. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that the recommendation from the Transportation Steering Committee regarding Highway 14 improvement project from 22nd Avenue to 34th Avenue be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Transportation Steering Committee Final Report. A motion was made by Council Member Corbett, seconded by Council Member Niemeyer, that the Final Report from the Transportation Steering Committee be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution 15-044. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 15-044, a Resolution approving a Right-To- Occupy Easement to Boys and Girls Club of Brookings, South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Resolution No. 15-044 - Resolution Approving Right-To-Occupy Easement, Boys & Girls Club of Brookings, SD Whereas, the City of Brookings has designated street rights-of-way property for public access; and Whereas, the City of Brookings maintains all public rights-of-way; and Whereas, the City of Brookings has been requested to allow the Boys and Girls Club of Brookings, South Dakota, the Right-To-Occupy the West Twenty-five Feet (W25’) of the East Two Hundred Feet (E200’) of the 12th Street South Right-Of-Way, Adjacent to Block 7, Hyland Addition, Section 36, T110N, R50W, in the City of Brookings, Brookings County, South Dakota, for the sole purpose of constructing underground communication lines. Now, Therefore, Be It Resolved that the Right-To-Occupy Easement be approved as shown on Attachment A. Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the Preliminary Plat for Lots 1-17, Block 1, and Lots 1-14, Block 2, Reserve Addition in the SW ¼ of Section 36-T110N-R50W be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that the Preliminary Plat for Blocks 1-4, Voss-Kneip First Addition, SE ¼, Section 11-T109N-R50W be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. 6th Street Lighting Upcharges. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that the 6th Street Lighting Upcharges from 22 nd Ave. to 34th Ave. be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 – Bezdichek. Adjourn. A motion was made by Council Member Kubal, seconded by Council Member Hansen, to adjourn the meeting at 7:56 p.m. Motion carried by 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 #:ID 2015-0309,Version:1 Action to cancel the May 19th City Council Study Session. Summary: The City Council meeting scheduled for May 19, 2015 is being cancelled. State Law requires official Council action to schedule or cancel a meeting. City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ 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 2015-0315,Version:1 Action to schedule a July 7th Special City Council Meeting. Summary: State Law requires official Council action to schedule or cancel a meeting. City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ 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 2015-0314,Version:1 Action on appointment to the Brookings Historic Preservation Commission. Summary: Mayor Tim Reed has submitted the following appointment to the Brookings Historic Preservation Commission for City Council advice and consent: Historic Preservation Commission Number of positions:1 Term Length:3 years Residency Requirement:Required The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation 1.Appoint Jessica Garcia Fritz Recommendation: Staff recommends approval. City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ 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 15-056,Version:1 Action on Resolution 15-056, a Resolution declaring items as surplus property. Summary: Council action is required to declare items as surplus property. The following is a list of items from the City General and Enterprise Fund Departments: Street Dept.: Large Grinder, Tire Changer, Tire Balancer, 1999 Whirlpool Window Air Conditioner (Serial #QJ2209640), 2012 GE Window Air Conditioner (Serial #DZ410480), 2010 Whirlpool 38 Gallon Electric Water Heater (Serial #1038T412163), 2011 Coleman Natural Gas Furnace with Central Air Conditioner, 2010 Lanthem 1500E Time Clock & Time Cards (Serial #1E5075228), 2008 Wayne Fuel Pump-Diesel (Serial #42681B), 2008 Wayne Fuel Pump-Gas (Serial #42680B), 2012 OPW 1500TLM Fuel Tank Monitoring System, Chemical Gloves & Liners, Overhead Heat Panels, 2006 Gasboy Key Encoder & Fuel Keys, Leer Pickup Topper for 2006 Ford, 1987 Sierra Classic 1500 GMC Pickup (Serial #1GTDR14K8HJ500471), Assorted Blower Motors for Overhead Radiant Heat, Assorted Heaters for Overhead Radiant Heat. Information Technology: 2 - HP DX2200MP Computers, 3 - Compaq DX2200 Computers, 3 - HP DC 5100 MT Computers, 2 - HP DC5100mc Computer, HP D330 Workstation, Compaq EVO D310M Computer, HP Compaq DL5000MT Computer, Compaq D5D Computer, Compaq Armada E700 Computer, Compaq DeskproEN Computer, HP 9100 Laptop w/ accessories, Compaq NX9010 Computer, HP Pavilion ZV600 Computer, HP DC100mc Computer, HP Touchsmart 9300 Elite, Compaq NC6120 Computer, Whitebox Workstation, Lenovo AG79702 Computer, Lenovo A7U 9851 Computer, 14 - Lathem Time Clocks, HP Laserjet 2600 N Printer, HP Laserjet 1000 Series Printer, HP Scanjet N6310 Printer, HP Laserjet 2200D Printer, 3M Visual System 900AJB Overhead Scanner, Token Ring UTP MAU oC-3626, IBM 8228 TR Switch, Compaq iPAQ H3630 32MB, 3 - Nortel NT4X42AA Phones, 1 Meridian NT 4X35 Phone, 1 Panasonic KX-T3170 Phone, 3 - Sony CD/DVD Players, 4 Transact Receipt Printers, 3 Cash Drawers Model EP-127. Police Dept.: copy machine Recommendation: Staff recommends approval. Attachments: Resolution Surplus List City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-056 Appraising and Authorizing Sale of Surplus Property Whereas, the City of Brookings has surplus items as listed in a Notice of Sale that are no longer necessary or useful for City purposes, and it is the desire of the City to dispose of same as surplus property; Now, Therefore Be It Resolved, that all the attached listed property be declared surplus by the City Council. Further Be It Resolved by the City Council that the property be offered for sale. Passed and approved this 12 th day of May, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 2015 CITY GENERAL & ENTERPRISE FUND DEPARTMENTS Street Dept.: Large Grinder, Tire Changer, Tire Balancer, 1999 Whirlpool Window Air Conditioner (Serial #QJ2209640), 2012 GE Window Air Conditioner (Serial #DZ410480), 2010 Whirlpool 38 Gallon Electric Water Heater (Serial #1038T412163), 2011 Coleman Natural Gas Furnace with Central Air Conditioner, 2010 Lanthem 1500E Time Clock & Time Cards (Serial #1E5075228), 2008 Wayne Fuel Pump-Diesel (Serial #42681B), 2008 Wayne Fuel Pump-Gas (Serial #42680B), 2012 OPW 1500TLM Fuel Tank Monitoring System, Chemical Gloves & Liners, Overhead Heat Panels, 2006 Gasboy Key Encoder & Fuel Keys, Leer Pickup Topper for 2006 Ford, 1987 Sierra Classic 1500 GMC Pickup (Serial #1GTDR14K8HJ500471), Assorted Blower Motors for Overhead Radiant Heat, Assorted Heaters for Overhead Radiant Heat. Information Technology: 2 - HP DX2200MP Computers, 3 - Compaq DX2200 Computers, 3 - HP DC 5100 MT Computers, 2 - HP DC5100mc Computer, HP D330 Workstation, Compaq EVO D310M Computer, HP Compaq DL5000MT Computer, Compaq D5D Computer, Compaq Armada E700 Computer, Compaq DeskproEN Computer, HP 9100 Laptop w/ accessories, Compaq NX9010 Computer, HP Pavilion ZV600 Computer, HP DC100mc Computer, HP Touchsmart 9300 Elite, Compaq NC6120 Computer, Whitebox Workstation, Lenovo AG79702 Computer, Lenovo A7U 9851 Computer, 14 - Lathem Time Clocks, HP Laserjet 2600 N Printer, HP Laserjet 1000 Series Printer, HP Scanjet N6310 Printer, HP Laserjet 2200D Printer, 3M Visual System 900AJB Overhead Scanner, Token Ring UTP MAU oC-3626, IBM 8228 TR Switch, Compaq iPAQ H3630 32MB, 3 – Nortel NT4X42AA Phones, 1 Meridian NT 4X35 Phone, 1 Panasonic KX-T3170 Phone, 3 – Sony CD/DVD Players, 4 Transact Receipt Printers, 3 Cash Drawers Model EP-127. Police Dept.: copy machine 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 2015-0319,Version:1 Action on Abatement of Property Taxes, Interest, Drainage Fees and Street Special Assessment for Parcel No. 40090-01300-019-00, Lot 19, Block 13, Camelot Square Addition in the City of Brookings. Summary: This motion will authorize Brookings County to abate the property taxes, interest, drainage fees and street assessment for Lot 19, Block 13, Camelot Square Addition in the City of Brookings. Background: The Brookings City Council approved Resolution No. 15-014 on February 10, 2015, which accepted the conveyance of Lot 19, Block 13 in the Camelot Square Addition to the City of Brookings. The street assessments that were previously assessed to this property were re-levied to other properties and have been paid in full by the developer. The developer also paid for the past property taxes, interest and drainage fees for Lot 19 before the property was transferred to the City. This motion will abate the previous property taxes, interest, drainage fees and street special assessments from Lot 19, Block 13, Camelot Square Addition. Fiscal Impact: None Recommendation: Recommend approval. Attachments: Abatement Form Map City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Brookings City Clerk Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application:City of Brookings Year:2010 through 2014 2010 Abatement Amount: $302.08 for Tax, Interest and Drainage Fees and $14,361.63 for Street Special Assessment 2011 Abatement Amount: $541.40 for Tax, Interest and Drainage Fees and $12,722.60 for Street Special Assessment 2012 Abatement Amount: $736.85 for Tax, Interest and Drainage Fees and $12,722.60 for Street Special Assessment 2013 Abatement Amount: $1009.12 for Tax, Interest and Drainage Fees 2014 Abatement Amount: $1201.96 for Tax, Interest and Drainage Fees Address:None Legal Description:Parcel No. 40090-01300-019-00, Lot Nineteen (19) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota Background: This parcel is owned by the City of Brookings and the developer paid the tax, interest, drainage fees and street special assessment before it was conveyed to the City. I hereby certify that on May 12, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated May 12, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate the 2010 through 2014 taxes, interest, drainage fees, and street special assessment in the amount of $43,598.24 for Parcel No. 40990-01300-019-00, Lot Nineteen (19) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD 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 2015-0308,Version:1 Presentation by Leadership Brookings Class Representatives; Historical Sign Program for Allyn Frerichs Trail System. Summary: This year’s Chamber of Commerce “Leadership Brookings” class would like to make a brief presentation of their historical signage program, which includes informational signs about Brookings history along the Allyn Frerichs Trail System. Background: Each year, the “Leadership Brookings” class undertakes a variety of community service projects. One of this year’s projects is by several of the class participants to install informational and educational signage markers at various locations along the city’s trail system. All signs describe some element of the community’s history. They will be another attractive amenity to the trail system. The class raised funds by selling signage sponsorships with the sponsor’s business name on each of the signs. The class would like to show you the signs before they are installed. Fiscal Impact: Minor fiscal impact to install the signs at designated locations by park maintenance staff. Attachments: Mock-ups of the signs City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ 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 15-053,Version:1 Action on Resolution No. 15-053, a Resolution awarding the contract for 2015-2016 City Hay Land Lease (approximately 60 acres). Summary: This resolution will award bids for the 2015-2016 City Hay Land Lease. Background: The City owns a 92 acre parcel of property located in Section 21-T110N-R50W, which is west of the Brookings Regional Airport (previously owned by the Nichols family). Approximately 60 acres of this parcel is available for the hay land lease and the west 32 acres of the parcel is reserved as CRP property and will not be hayed. The City advertised for bids for a two-year lease. A bid letting was held at 1:30 on Tuesday, May 5, 2015, and the following bids were received: ·Scott Werre, Brookings, SD $132.00 per acre ·Jason Voss, Bruce, SD $125.00 per acre ·David Rochel, Aurora, SD $108.55 per acre ·Lyle Johnson, Brookings, SD $85.00 per acre ·Joe Mendel, Brookings, SD $70.00 per acre ·Brian Fett, Dell Rapids, SD $52.75 per acre Scott Werre of Brookings, SD submitted the highest bid of $132.00 per acre. The previous lease for this property was $75.00 per acre in 2012 and 2013 and $143.01 in 2014. Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the May 26, 2015 City Council meeting. Fiscal Impact: The City will receive $7,920.00 in revenue in 2015 and 2016. Recommendation: Recommend awarding the bid to Scott Werre in the amount of $132.00 per acre. Attachments: Resolution Map City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-053 Resolution Awarding Bids on City Hay Lease Whereas, the City of Brookings opened bids for approximately 60 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, May 5, 2015 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: Scott Werre, Brookings, SD - $132.00 per acre, Jason Voss, Bruce, SD - $125.00 per acre, David Rochel, Aurora, SD - $108.55 per acre, Lyle Johnson, Brookings, SD - $85.00 per acre, Joe Mendel, Brookings, SD - $70.00 per acre and Brian Fett, Dell Rapids, SD - $52.75 per acre. Now Therefore, Be It Resolved that the high bid of $132.00 per acre from Scott Werre, Brookings, SD be accepted. Passed and approved this 12th day of May, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk CRP 212TH ST 469TH AVE 468TH AVE DM& E R A I L R O A D RENTAL LAND - 60 ACRES 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 15-054,Version:1 Action on Resolution No. 15-054, a Resolution awarding the contract for 2015-2016 Airport Hay Land Lease (approximately 236 acres). Summary: This resolution will award bids for the 2015-2016 Airport Hay Land Lease. Background: The City has approximately 236 acres of property at the Brookings Regional Airport in Sections 26, 27 and 28, T110N, R50W that is available for the hay lease. The City advertised for a two-year lease. A bid letting was held at 1:30 on Tuesday, May 5, 2015 in the Brookings City & County Government Center, and the following bids were received: ·Jason Voss, Brookings, SD $75.00 per acre ·Brian Fett, Dell Rapids, SD $56.80 per acre Jason Voss submitted the highest bid of $75.00 per acre, and previous lease rates were $40.00 per acre in 2010 through 2013 and $143.01 per acre in 2014. Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the May 26, 2015 City Council meeting. Fiscal Impact: The City will receive $17,700.00 in revenue in 2015 and 2016. Recommendation: Recommend awarding the bid to Jason Voss in the amount of $75.00 per acre. Attachments: Resolution Map City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-054 Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids for approximately 236 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, May 5, 2015 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Airport Hay Lease: Jason Voss, Bruce, SD - $75.00 per acre and Brian Fett, Dell Rapids, SD - $56.80 per acre. Now Therefore, Be It Resolved that the high bid of Jason Voss, Bruce, SD for $75.00 per acre be accepted. Passed and approved this 12th day of May, 2015. 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 #:ORD 15-003,Version:2 Public Hearing and Action on Ordinance 15-003, an Ordinance rezoning for an Animal Research Facility as a Permitted Special Use in the I-1 and I-1R Industrial Districts. Proposal: Permit an animal research facility to be established provided certain performance standards are met. Background: Many uses in industrial districts are permitted under general definitions that address manufacturing, assembling and packaging, processing and other similar uses. This is common since the creation of industry specific definitions is unnecessary in most situations. Specifics: The proposed amendments have been drafted in order to address certain aspects of an animal research facility use that could impact adjacent uses. The performance standards would allow the city to regulate certain elements with a “nuisance potential” that are invariably a part of this type of use. These restrictions would generally involve outside activities. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the amendments. Attachments: Ordinance Notice Planning Commission Minutes & Summary City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Ordinance 15-003 An Ordinance Amending the Zoning Ordinance of the City of Brookings and pertaining to an Animal Research Facility for the purposes of administration of the Zoning Ordinance Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning shall be amended as follows: Section 1. ARTICLE I. – IN GENERAL Sec. 94-1. – Definitions Animal research facility: A building where experimentation is undertaken for the collection of information on livestock species such as, but not limited to, sheep, goats, pigs, cattle, and horses. Section 2. ARTICLE III. – ZONING DISTRICTS ESTABLISHED; ZONING MAP DIVISION 1. – GENERALLY Sec. 94-136. – Industrial I-1 light district (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (10) Animal research facility a. All processes and experimentation must be confined within an enclosed building b. Animal loading, unloading, and confinement areas must be completely within an enclosed building at all times c. No outside manure storage is permitted and a waste disposal plan must be approved d. All buildings used to house animals shall be insulated to reduce noise and designed to reduce or eliminate odors Section 3. DIVISION 2. – OVERLAY DISTRICTS Sec. 94-161. – Industrial I-1R restricted district (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (3)Animal research facility a. All processes and experimentation must be confined within an enclosed building b. Animal loading, unloading, and confinement areas must be completely within an enclosed building at all times c. No outside manure storage is permitted and a waste disposal plan must be approved d. All buildings used to house animals shall be insulated to reduce noise and designed to reduce or eliminate odors Section 4. Any or all ordinances in conflict herewith are hereby repealed. First Reading:April 28, 2015 Second Reading:May 12, 2015 Published:May 15, 2015 CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@38064CE0\@BCL@38064CE0.doc 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. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to an animal research facility as a permitted special use in the industrial districts. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 7, 2015 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. Dated this 27th day of March, 2015. ____________________________ Dan Hanson Planning & Zoning Administrator NOTICE OF ZONING HEARING Ordinance No. 15-003 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, April 12, 2015, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, Chapter 94, Zoning, entitled Ordinance No. 15-003, an Ordinance rezoning for an Animal Research Facility as a permitted special use in the I-1 and I-1R Industrial Districts. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of May, 2015. CITY OF BROOKINGS Shari Thornes, City Clerk Published one time at an approximate cost: $ . MINUTES The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to an animal research facility as a permitted special use in the Industrial I-1 and I-1R Districts. (Heuton/DeKraai) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY Hanson stated the zoning amendments were designed to create specific regulations for an animal research facility rather than continuing to allow the use under the general umbrella of a “processing” use in the industrial districts. Animal research facilities existed primarily on SDSU land but were becoming more prevalent due to the importance of large animal research. 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 15-006,Version:2 Public Hearing and Action on Ordinance 15-006, an Ordinance to change the zoning on Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District. Proposal: Create a mixed-use development consisting of retail and apartment uses. Background: This neighborhood has consisted of residential, commercial, and industrial uses since the early years of Brookings. Its location along a major right-of-way and its proximity to the downtown and the railroad mainline has resulted in a hodgepodge of building styles and setbacks. The 1966 Zoning Ordinance established a B-3 commercial corridor on the west side of Main Avenue that started at Folsom Street and ended near 12th St. So. It also zoned most of the land that was not abutting Main Avenue but adjacent to the Folsom St. / Main Avenue area to industrial. Despite the attempt to eliminate residential uses in this area through rezoning 50 years ago, the west portion of the Folsom Addition (1 block west of Main) was rezoned back to residential and a few houses (non-conforming) remain with frontage on Main Avenue. The three lots involved with this rezoning consist of a house and detached garage on the corner lot, a business use on the lot in the middle, and a vacant lot on the south end. A house on the south lot was demolished in 2008. The adjacent equipment rental store building was built up to the north lot line in 1952. The other adjacent uses are shown on the aerial view in your packet. Specifics: A request to rezone to a PDD involves two initial steps that are typically considered simultaneously, followed by a Final Development Plan. The initial process is as follows: Ø Land use classification change - The PDD designation offers an owner the flexibility to design a project based on the standards in one or more zoning districts. The primary goal of the owner/developer is to often build a unique building that offers amenities not found somewhere else in Brookings. The Zoning Ordinance provides a PDD option where conventional zoning alone may not address all the features of a unique land use proposal or provide adequate safeguards for adjacent properties. PDDs in Brookings contain both single and mixed-use developments. This rezoning request is to create retail uses on the first floor with efficiency style apartments on the upper floors. This design is common in the Business B-1 District since it is permitted by right in that district. The primary benefit in the B-1 is that on-premise parking is not required but municipal parking lots do provide an option for tenants who live downtown. The owner/developer is requesting that the Business B-1 standards be applied for this PDD. However, under conventional zoning, a B-1 District would be strongly discouraged in this area. Ø Initial Development Plan (IDP) - An IDP must accompany a rezoning to a PDD. The owner/developer has submitted a site plan, two exterior concept designs, and an interior layout example of a dwelling unit. City of Brookings Printed on 5/7/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-006,Version:2 The site plan depicts a building set back from the front lot line with two separate parking areas, one for retail customers and one for tenants. An access drive from Main Avenue would be at the south end of the lot and would function as an ingress only based on the design of the parking area. An egress only driveway would access Folsom Street. The alley would provide access to the tenant parking. Landscaping would buffer the retail parking lot from Main Avenue and also be provided on the north and south ends of the lot next to the building. Single use access drives can often be narrowed as shown by the red outlined areas on the site plan. Ø The primary development issue for this project is parking. The owner/developer understands the need for on-premise parking but feels his design may not need even the minimum on- premise parking spaces that all districts require, except for the B-1. Under conventional parking standards, the first floor retail component of this plan would require about 23 spaces if the business uses were general retail in nature. The proposed residential component could result in 24 to 30 one-bedroom, efficiency apartment units. This would require about 37 to 45 parking spaces based on the new parking regulations for efficiency units. The total on-premise parking required by zoning would be about 60 to 68 spaces while the proposed plan shows 35 spaces. Approval of the PDD with the B-1 standards and approval of the IDP and future Final Development Plan, as currently proposed, would allow the project to be permitted based on the site plan. The Planning Commission and City Council, of course, have the authority to amend the application. If the B-1 District standards are not accepted, all proposed uses would be required to meet the minimum on-premise parking regulations and any variance to those regulations must be approved by the Board of Adjustment. Recommendation: The Planning Commission voted 7 yes and 1 no to recommend approval of the rezoning. Recommendation: The Planning Commission voted 7 yes and 1 no to recommend approval of the Initial Development Plan subject to compliance with the 6 conditions stated in their motion. (See Minutes) Attachments: Ordinance Public Notice Planning Commission Minutes & Summary Rezoning Map Aerial View IDP Plan and Profiles City of Brookings Printed on 5/7/2015Page 2 of 2 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05BE8D\@BCL@DC05BE8D.doc Ordinance No. 15-006 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lots 1, 2, and 3, Block 4, Folsom Addition be and the same is hereby rezoned and reclassified from a Business B-3 District to a PDD Planned Development District In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17- 13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading April 28, 2015 Second Reading and Adoption May 12, 2015 Published May 15, 2015 CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@3806DD16\@BCL@3806DD16.doc 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. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Sarantis Theodosopoulos has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 7, 2015, in the Chambers Room on the third floor of the Brookings City & 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. Dated this 27th day of March, 2015. ____________________________ Dan Hanson Planning & Zoning Administrator MINUTES MOTION TO REZONE Sarantis Theodosopoulos has submitted a petition to rezone Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District. (Pierce/DeKraai) Motion to approve the rezoning. All present voted aye except Heuton voted no. MOTION CARRIED. MOTION TO APPROVE INITIAL DEVELOPMENT PLAN (Pierce/Cameron) Motion to approve the Initial Development Plan with the Business B-1 District standards subject to the following conditions: 1. A maximum of 15 dwellings units are permitted 2. 15 on-premise parking spaces shall be reserved for tenants 3. A minimum of 35 on-premise parking stalls shall be provided 4. All drainage requirements shall be approved as per the City Engineer’s Department 5. All minimum landscape requirements shall be met 6. No snow storage shall be permitted on the parking lot All present voted aye except Heuton voted no. MOTION CARRIED. SUMMARY Dustin Hendrickson, representing Brookings BuiltGreen, stated his plan would be similar to previous projects he completed in the downtown area. He was able to rent to tenants who did not have a vehicle and wanted to be in close proximity to downtown. Parking spaces could then be reduced on the site. Tornquist inquired about on-street parking in the area. Hanson noted that Main Avenue South had parallel parking on each side and Folsom Street had parallel parking on one side. Pierce noted there were 35 parking spaces on the plan and inquired what type of retail uses were anticipated. Hendrickson was unsure at this time. Pierce asked if a drive-thru was planned. Hendrickson replied no. DeKraai was concerned about the difference in the minimum parking required by ordinance versus what was proposed. Hendrickson stated he could restrict the number of tenant’s vehicles in his lease agreements. Pierce asked if fewer apartments could be an option. Hendrickson stated the current plan had 24 efficiency apartments or 8 dwelling units per floor. He felt 15 dwelling units would be a minimum density to still make the project viable. He added that one bedroom apartments were in high demand. Fargen asked how much retail space was planned. Hendrickson replied 4,725 square feet. Tornquist inquired about landscaping. Hanson noted the landscaping shown on the plan met the landscape buffer and tree planting requirements. Struck asked where a garbage receptacle would be placed. Hendrickson answered in the southwest corner off the alley. Dennis Buys, an adjacent property owner, was concerned with drainage from the site. He stated that storm water typically flows from the east half of the block across the alley and onto properties on the west side of the block. It was noted that there was no underground storm sewer facilities in the area so all storm water flowed over the ground. Pierce supported the redevelopment project but felt certain conditions needed to be met in regards to residential density, storm water drainage, landscaping, parking, and snow storage. Heuton supported the plan but felt additional information should be obtained regarding on-street parking options in the area, particularly along Folsom Street. Struck noted that an on-street parking study would likely start with the Traffic Safety Committee and could take about 21/2 months. Bailey, Fargen, and Cameron supported the plan with Pierce’s conditions. Struck inquired if the building could be located up to the front lot line on Main Avenue to be similar to the downtown area and adjacent buildings. Hendrickson felt the proposed design was the best plan for maximizing the parking on the lot. NOTICE OF ZONING HEARING Ordinance No. 15-006 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, April 12, 2015, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, Chapter 94, Zoning, entitled Ordinance No. 15-006, an Ordinance rezoning Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of May, 2015. CITY OF BROOKINGS Shari Thornes, City Clerk Published one time at an approximate cost: $ . 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 15-007,Version:2 Public Hearing and Action on Ordinance 15-007, an Ordinance Revising Section 46-22 of Article II and pertaining to the Appointment of Members to the Brookings Historic Preservation Commission in the City of Brookings, SD. Summary: The state law pertaining to Historic Preservation Commission residency requirements was changed in the last legislative session. Brookings Representative Scott Munsterman and Senator Larry Tidemann were sponsors of the bill. Ordinance 15-007 is an amendment modifying residency requirements for volunteers serving on the Historic Preservation Commission. Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ Ordinance 15-007 An Ordinance Revising Section 46-22 of Article II and pertaining to the Appointment of Members to the Brookings Historic Preservation Commission 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. ARTICLE II. HISTORIC PRESERVATION COMMISSION Sec. 46-22. - Manner of appointment, composition, terms. (a) Members of the BHPC shall be appointed by the mayor, with the advice and consent of the council, for three year terms commencing in January. Members may be appointed for additional terms not exceeding three years. (b)The BHPC shall consist of not less than seven nor more than ten members, who shall be appointed with due regard to proper representation of such fields as history, architecture, urban planning, paleontology, archaeology and law. All members of the BHPC must reside within the city. A majority of the members of the BHPC shall be residents of the city.Where possible, property owners from each historic district shall be considered for membership. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:April 28, 2015 Second Reading:May 12, 2015 Published:May 15, 2015 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 #:RES 15-052,Version:1 Action on Resolution 15-052, a Resolution authorizing the Construction and Equipping of Certain Improvements to the Brookings Health System pursuant to a Lease Agreement; Approving the Execution of an Irrevocable Declaration of Trust by Trustee; Providing for the Execution, Sale and Delivery of not to exceed $35,000,000 Aggregate original amount of Certificates of Participation in the Lease Agreement pursuant to a Certificate Purchase Agreement and the Application of the proceeds thereof to Construct and Equip Improvements to the Brookings Health System and approving and authorizing a Ground Lease of the Brookings Health System to the Trustee; and authorizing and approving other Actions and Agreements necessary to consummate the contemplated improvement and financing. Summary: Attached is the resolution required for debt authorization in an amount not to exceed $35 million for the final phase of the campus master plan of Brookings Health System. Background: This debt issuance is one portion of the overall requirements necessary for the financing of the current hospital expansion/renovation project. It authorizes a Certificate of Participation to construct and equip all aspects of the project. A community campaign through the BHS Foundation and BHS reserves will also be used to finance the balance of the project. Authorization for a future opt-out has been secured and exercised only in the event of delinquency or default on debt service obligations as additional security. This resulted in a lower interest rate and a corresponding decrease in interest payments over the term. Toby Morris, our financial advisor from Dougherty & Associates along with BHS CEO/President Jason Merkley will be at the council meeting to provide more information and respond to questions. Fiscal Impact: BHS will be responsible for debt service obligations from operational revenue. There is no fiscal impact on the City unless BHS defaults on its payments. Recommendation: Brookings Health System Board of Trustees, Financial Advisor Dougherty & Associations, BHS CEO/President and City Manager all recommend approval. Attachments: Resolution Post Issuance Compliance Policy City of Brookings Printed on 5/7/2015Page 1 of 1 powered by Legistar™ 1 Resolution 15-052 Authorizing the Construction and Equipping of Certain Improvements to the Brookings Health System Pursuant to a Lease Agreement; Approving the execution of an Irrevocable Declaration of Trust by Trustee; Providing for the execution, sale and delivery of not to exceed $35,000,000 Aggregate original amount of Certificates of Participation in the Lease Agreement pursuant to a Certificate Purchase Agreement and the Application of the proceeds thereof to construct and equip improvements to the Brookings Health System and approving and authorizing a Ground Lease of the Brookings Health System to the Trustee; and authorizing and approving other actions and Agreements necessary to consummate the Contemplated Improvement and Financing. Whereas, the City of Brookings (the “City”) is a duly organized South Dakota municipality with the power to establish, construct, purchase, and maintain hospitals, medical clinics, nursing facilities and homes for the aged (collectively the “Brookings Health System”); and Whereas, the City has the power pursuant to SDCL Chapters 34-9 and 9-12 to lease and lease-purchase real and personal property; and Whereas, it is the opinion of the City Council that the City would be best served by entering into a Ground Lease and Lease Agreement; and Whereas, it is declared necessary that a Declaration of Trust (the “Declaration of Trust”) be executed by a Trustee (the “Trustee”) for the purpose of financing the expansion and renovation of the hospital and related facilities of the Brookings Health System and equipping the same. Whereas, the City desires to improve the Brookings Health System and for such purpose intends to enter into a Ground Lease with the City as lessor and the Trustee as lessee (the “Ground Lease”), Lease Agreement with the Trustee as lessor and the City as lessee (“the Lease Agreement”) and Certificates of Participation, Series 2015 (the “Certificates”) payable as to principal in the aggregate original amount not to exceed $35,000,000 evidencing proportionate interests of the owners in the Lease Agreement; Whereas, the proceeds of the Certificates will be used to (i) construct and equip improvements to the Brookings Health System, including approximately 86,500 square feet of new construction and approximately 17,550 square feet of renovation within the existing Brookings Health System, (ii) fund necessary reserve accounts, and (iii) pay costs of issuance, including Bond Insurer premiums, if any. Now, Therefore, Be It Resolved by the City Council of the City of Brookings as follows: 2 Section 1. Definitions. In addition to the words and terms elsewhere defined in this Resolution, the following words and terms as used herein, whether or not the words have initial capitals, shall have the following meanings, unless the context or use indicates another or different meaning or intent, and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: “Act” means collectively SDCL Title 34-9 and 9-12, as amended. “Authorized Officer “ means the Mayor, City Clerk, Finance Manager, or, in the case of any act to be performed or duty to be discharged, any other member, officer, or employee of the City then authorized to perform such act or discharge such duty. “Bond Counsel/Certificate Counsel” means Meierhenry Sargent LLP, a firm of attorneys recognized as having experience in matters relating to the issuance of state or local governmental obligations. “Bond Insurer” means one of the following bond insurers, Build America Mutual Assurance Company, Municipal Assurance Corp and Assured Guaranty Corp. “Certificate Purchase Agreement” means the Certificate Purchase Agreement authorized pursuant to and described in Section 12 hereof by and between the City and the Underwriter. “Certificates” means the Certificates of Participation in the Lease Agreement. “City” means the City of Brookings, South Dakota. “Declaration of Trust” means the trust agreement entered into by the Trustee and the City. “Ground Lease” means the ground lease agreement between the City, as lessor, and the Trustee, as lessee, and any amendment thereof or supplement thereto. “Improvements” mean the construction of approximately 86,500 square feet of new construction and approximately 17,550 square feet of renovation within the existing Brookings Health System and the equipping of the same. “Lease Agreement” means the lease purchase agreement between the Trustee, as lessor, and the City, as lessee, and any amendment thereof or supplement thereto “Property” means the real property upon which the Improvements will be made. “Rating Agency” means one or more of the following rating agencies: Standard & Poor's Credit Rating Services, Moody's Investors Service Inc. and Fitch IBCA, Inc. 3 “Underwriter” means Dougherty & Company, Inc., Pierre, South Dakota acting for and on behalf of itself and such securities dealers as it may designate. Section 2. Declaration of Necessity and Approval of Improvements. The governing body of the City in accordance with the Act does hereby declare a necessity to enter into the Ground Lease, Lease Agreement and Trust Indenture; and approves the construction of the Improvements. Section 3. Authorization and Approval of Transactions. Subject to the terms and conditions set forth herein, the City hereby (i) authorizes the lease of the Property to the Trustee for a period not to exceed 40 years pursuant to the Ground Lease, (ii) authorizes the lease of the Property from the Trustee pursuant to the Lease Agreement on an annual appropriation basis for an initial lease term and renewal terms not to exceed in the aggregate 30 years, (iii) approves the Trustee's execution of the Declaration of Trust, (iv) approves the Trustee's execution and delivery of the Certificates, payable as to principal in an aggregate original amount not exceeding $35,000,000 pursuant to the Declaration of Trust and a Certificate Purchase Agreement between the City and the Underwriter (the “Certificate Purchase Agreement”) and the use of the proceeds thereof to finance the construction and equipping of the Improvements, and to pay the expenses incurred in connection with the execution and delivery of the Certificates. Section 4. Approval of Documents and Legal Description. The Authorized Officers of the City are hereby authorized and empowered for and on behalf of the City to approve and execute (i) the Declaration of Trust, (ii) the Ground Lease, (iii) the Lease Agreement, (iv) the Certificate Purchase Agreement, and (v) a Continuing Disclosure Certificate in substantially the respective forms to be filed with the City Clerk and open to public inspection during regular business hours. The Authorized Officers are authorized and directed to approve the entire legal description or a partial legal description of the Property to be included in the Ground Lease and Lease Agreement. Section 5. Certificates of Participation. The Certificates shall be executed and delivered in fully-registered form, shall be dated and numbered, shall be payable as to principal in the denominations of $5,000 and integral multiples thereof and in such amounts (not exceeding in the aggregate $35,000,000) and on such dates (not later than thirty (30) years), shall be payable as to interest at such rate or rates to be negotiated by the Authorized Officer and shall be subject to prepayment upon such terms and conditions, in such amounts and on such dates as may be specified in the Declaration of Trust and in the executed Certificate Purchase Agreement. The Authorized Officers are hereby authorized and empowered for and on behalf of the City to approve the Certificate Purchase Agreement, his or her execution and delivery thereof to evidence conclusively the City’s approval thereof. 4 Section 6. Annual Appropriation and Opt Out. The Lease Agreement is an annual appropriation lease subject to an annual appropriation by the City for each fiscal year. The City has passed an opt out resolution which authorizes the City to spread, in any fiscal year, for 30 years a $2,500,000 tax levy if the governing body of the City deems it necessary to be used to pay the annual lease payment. Section 7. Bond Counsel. The Authorized Officers are authorized to retain the Bond Counsel upon such terms as they approve. Section 8. Bond Insurer. The Authorized Officers are authorized to retain the Bond Insurer upon such terms as they approve. Section 9. Rating Agency. The Authorized Officers are authorized to retain the Rating Agency upon such terms as they approve. Section 10. Trustee. The Authorized Officers are authorized to retain the Trustee upon such terms as they approve. Section 11. Underwriter. The Authorized Officers are authorized to retain the Underwriter upon such terms as they approve. Section 12. Certificate Purchase Agreement. The Certificates shall be sold to the Underwriter at a price to be set forth in the Certificate Purchase Agreement. The Authorized Officers in consultation with the Underwriter, are authorized to make such changes in the structuring of the terms and sale of the Certificates as they shall deem necessary. In this regard, they, or either of them, in consultation with the Underwriter, are authorized to cause to be sold an aggregate principal amount of the Certificates less than that authorized herein, to sell any or all of the Certificates as term Certificates with annual mandatory redemption requirements which will produce substantially the same annual principal reductions as authorized herein, to change the dated date of the, and to adjust principal and interest payment dates and redemption dates of the Certificates. The form of the Certificate shall be conformed to reflect any changes, if any, as hereinbefore mentioned. The Mayor is hereby authorized to execute and the City Clerk is authorized to attest the Certificate Purchase Agreement with the Underwriter providing for the purchase and sale of the Certificates. The Certificate Purchase Agreement shall be in form and content acceptable to the Mayor and City Clerk, the execution thereof by either of them to constitute conclusive evidence thereof, and approved as to form and legality by the District’s attorney; provided the Certificate Purchase Agreement effects the sale of the Certificates in accordance with the provisions of this Resolution, and is not inconsistent with the terms hereof. The Mayor and City Clerk are authorized to cause the Certificates to be authenticated and delivered by the Trustee to the Underwriter and to execute, publish, and deliver all certificates and documents, including the Official Statement, and closing certificates and documents, as they shall deem necessary in connection with the sale and delivery of the Certificates. Section 13. Official Statement. The Authorized Officers and the Underwriter are 5 hereby authorized and directed to provide for the preparation and distribution of a Preliminary Official Statement describing the Certificates (the “Preliminary Official Statement”). After the Certificates have been sold, the Authorized Officers shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for purposes of Rule 15c2-12(e)(3) of the Securities and Exchange Commission. To comply with paragraph (b) (3) of Rule 15c2 12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”) and with Rule G 32 and all other applicable rules of the Municipal Securities Rulemaking Board, the City agrees to deliver to the Underwriter, the Official Statement (which shall be a final official statement, as such term is defined in the Rule, as of its date) in an electronic format as prescribed by the MSRB. Section 14. Tax Matters. The City covenants and agrees with the registered owners from time to time of the Certificates that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest component or interest on the Lease Agreement and Certificates to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the basic interest on the Certificates will not become includable in gross income for federal income tax purposes under the Code and the Regulations. The Authorized Officers charged with the responsibility for issuing the Certificates pursuant to this Resolution are hereby authorized and directed to execute and deliver to the Underwriter thereof a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Certificates, it is reasonably expected that the proceeds of the Certificates will be used in a manner that would not cause the Certificates to be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations. Section 15. Miscellaneous. Each Authorized Officer and any other agent or employee of the City is hereby authorized and empowered to take such other actions and execute and deliver such other instruments and agreements, including appropriate tax certifications and other closing certificates, as may be necessary or appropriate for the purposes of consummating the transactions contemplated herein, the necessity therefor and the appropriateness thereof to be evidenced conclusively by any such Authorized Officer's taking any such action or executing and delivering any such instrument, agreement or certificate and all actions taken heretofore and hereafter pursuant to the authority hereof are hereby authorized, ratified and approved for and as the actions of the City. Section 16. Invalidity. If any one or more of the provisions of this Resolution, or of any exhibit or attachment thereto, shall be held invalid, illegal, or unenforceable in any 6 respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Resolution, and the exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be. Section 17. Continuing Disclosure. The City hereby covenants and agrees that it will provide financial information and material event notices as required by Rule 15c2-12 of the Securities Exchange Commission for the Certificates. The Mayor is authorized to execute at the Closing of the sale of the Certificates, an agreement for the benefit of and enforceable by the owners of the Certificates specifying the details of the financial information and material event notices to be provided and its obligations relating thereto. Failure of the City to comply with the undertaking herein described and to be detailed in said closing agreement, shall not be a default hereunder, but any such failure shall entitle the owner or owners of any of the Certificates to take such actions and to initiate such proceedings as shall be necessary and appropriate to cause the City to comply with its undertaking as set forth herein and in said agreement, including the remedies of mandamus and specific performance. Section 18. Post Issuance Compliance. The City does hereby adopt Meierhenry Sargent Post-Issuance Compliance Policy and Tax-Advantaged Obligations and Continuing Disclosure with regard to the Certificates attached hereto. The City appoints the Finance Manager as the chief compliance officer. Section 19. Conflicting Resolutions Repealed. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. Passed, Adopted and Approved this 12th day of May, 2015. CITY OF BROOKINGS, SOUTH DAKOTA (SEAL) _______________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk (SEAL) 1 Post-Issuance Compliance Policy for Tax-Exempt and Tax-Advantaged Obligations and Continuing Disclosure Definitions “Compliance Officer” means the Finance Manager of the Issuer. “Issuer” means the City of Brookings. Statement of Purpose This Post-Issuance Compliance Policy (the “Policy”) sets forth specific policies of the Issuer designed to monitor post-issuance compliance: (i) with applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”}, and regulations promulgated thereunder (“Treasury Regulations”) for obligations issued by the Issuer on tax- exempt or tax-advantaged basis (''Obligations”); and (ii) with applicable requirements set forth in certificates and agreement(s) (“Continuing Disclosure Agreements”) providing for ongoing disclosure in connection with the offering of obligations to investors (“Offerings”), for obligations (whether or not tax- exempt I tax-advantaged) subject to the continuing disclosure requirements of Rule 15c2-12(b)(5) (the “Rule”) promulgated by the Securities and Exchange Commission (“SEC”) under the Securities Exchange Act of 1934. This Policy documents practices and describes various procedures and systems designed to identify on a timely basis facts relevant to demonstrating compliance with the requirements that must be satisfied subsequent to the issuance of Obligations in order that the interest on such Obligations continue to be eligible to be excluded from gross income for federal income tax purposes or that the Obligations continue to receive tax-advantaged treatment. The federal tax law requirements applicable to each particular issue of Obligations will be detailed in the arbitrage or tax certificate prepared by bond counsel and signed by officials of the Issuer and the post-closing compliance checklist provided by bond counsel with respect to that issue. This Policy establishes a permanent, ongoing structure of practices and procedures that will facilitate compliance with the requirements for individual borrowings. This Policy similarly documents practices and describes various procedures and systems designed to ensure compliance with Continuing Disclosure Agreements, by preparing and disseminated related reports and information and reporting “material events” for the benefit of the holders of the Issuer's obligations and to assist the Participating Underwriters (within the meaning of the Rule) in complying with the Rule. 2 The Issuer recognizes that compliance with pertinent law is an on-going process, necessary during the entire term of the obligations, and is an integral component of the Issuer's debt management. Accordingly, the analysis of those facts and implementation of the Policy will require on-going monitoring and consultation with bond counsel and the Issuer's accountants and advisors. General Policies and Procedures The following policies relate to procedures and systems for monitoring post- issuance compliance generally. A. The Compliance Officer shall be responsible for monitoring post-issuance compliance issues. B. The Compliance Officer will coordinate procedures for record retention and review of such records. C. All documents and other records relating to Obligations issued by the Issuer shall be maintained by or at the direction of the Compliance Officer. In maintaining such documents and records, the Compliance Officer will comply with applicable Internal Revenue Service (“IRS”) requirements, such as those contained in Revenue Procedure 97-22. D. The Compliance Officer shall be aware of options for voluntary corrections for failure to comply with post-issuance compliance requirements (such as remedial actions under Section 1.141-12 of the Regulations and the Treasury's Tax-Exempt Bonds Voluntary Closing Agreement Program) and take such corrective action when necessary and appropriate. E. The Compliance Officer will review post-issuance compliance procedures and systems on a periodic basis, but not less than annually. Issuance of Obligations - Documents and Records With respect to each issue of Obligations, the Compliance Officer will: A. Obtain and store a closing binder and/or CD or other electronic copy of the relevant and customary transaction documents (the “Transcript”). B. Confirm that bond counsel has filed the applicable information report (e.g., Form 8038, Form 8038-G, Form 8038-CP) for such issue with the IRS on a timely basis. C. Coordinate receipt and retention of relevant books and records with respect to the investment and expenditure of the proceeds of such Obligations with 3 other applicable staff members of the Issuer. Arbitrage The following policies relate to the monitoring and calculating of arbitrage and compliance with specific arbitrage rules and regulations. The Compliance Officer will: A. Confirm that a certification of the initial offering prices of the Obligations with such supporting data, if any, required by bond counsel, is included in the Transcript. B. Confirm that a computation of the yield on such issue from the Issuer's financial advisor or bond counsel (or an outside arbitrage rebate specialist) is contained in the Transcript. C. Maintain a system for tracking investment earnings on the proceeds of the Obligations. D. Coordinate the tracking of expenditures, including the expenditure of any investment earnings. If the project(s) to be financed with the proceeds of the Obligations will be funded with multiple sources of funds, confirm that the Issuer has adopted an accounting methodology that maintains each source of financing separately and monitors the actual expenditure of proceeds of the Obligations. E. Maintain a procedure for the allocation of proceeds of the issue and investment earnings to expenditures, including the reimbursement of pre- issuance expenditures. This procedure shall include an examination of the expenditures made with proceeds of the Obligations within 18 months after each project financed by the Obligations is placed in service and, if necessary, a reallocation of expenditures in accordance with Section 1.148- 6(d) of the Treasury Regulations. F. Monitor compliance with the applicable “temporary period” (as defined in the Code and Treasury Regulations) exceptions for the expenditure of proceeds of the issue, and provide for yield restriction on the investment of such proceeds if such exceptions are not satisfied. G. Ensure that investments acquired with proceeds of such issue are purchased at fair market value. In determining whether an investment is purchased at fair market value, any applicable Treasury Regulation safe harbor may be used. H. Avoid formal or informal creation of funds reasonably expected to be used to pay debt service on such issue without determining in advance whether such 4 funds must be invested at a restricted yield. I. Consult with bond counsel prior to engaging in any post-issuance credit enhancement transactions or investments in guaranteed investment contracts. J. Identify situations in which compliance with applicable yield restrictions depends upon later investments and monitor implementation of any such restrictions. K. Monitor compliance with six-month, 18-month or 2-year spending exceptions to the rebate requirement, as applicable. L. Procure a timely computation of any rebate liability and, if rebate is due, to file a Form 8038-T and to arrange for payment of such rebate liability. M. Arrange for timely computation and payment of “yield reduction payments” (as such term is defined in the Code and Treasury Regulations), if applicable. Private Activity Concerns The following polices relate to the monitoring and tracking of private uses and private payments with respect to facilities financed with the Obligations. The Compliance Officer will: A. Maintain records determining and tracking facilities financed with specific Obligations and the amount of proceeds spent on each facility. B. Maintain records, which should be consistent with those used for arbitrage purposes, to allocate the proceeds of an issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures. C. Maintain records allocating to a project financed with Obligations any funds from other sources that will be used for otherwise non-qualifying costs. D. Monitor the expenditure of proceeds of an issue and investment earnings for qualifying costs. E. Monitor private use of financed facilities to ensure compliance with applicable limitations on such use. Examples of potential private use include: 1. Sale of the facilities, including sale of capacity rights; 5 2. Lease or sub-lease of the facilities (including leases, easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers) or leasehold improvement contracts; 3. Management contracts (in which the Issuer authorizes a third party to operate a facility, e.g., cafeteria) and research contracts; 4. Preference arrangements (in which the Issuer permits a third party preference, such as parking in a public parking lot); 5. Joint-ventures, limited liability companies or partnership arrangements; 6. Output contracts or other contracts for use of utility facilities (including contracts with large utility users); 7. Development agreements which provide for guaranteed payments or property values from a developer; 8. Grants or loans made to private entities, including special assessment agreements; and 9. Naming rights arrangements. Monitoring of private use should include the following: 1. Procedures to review the amount of existing private use on a periodic basis; and 2. Procedures for identifying in advance any new sale, lease or license, management contract, sponsored research arrangement, output or utility contract, development agreement or other arrangement involving private use of financed facilities and for obtaining copies of any sale agreement, lease, license, management contract, research arrangement or other arrangement for review by bond counsel. If the Compliance Officer identifies private use of facilities financed with tax-exempt or tax-advantaged debt, the Compliance Officer will consult with the Issuer's bond counsel to determine whether private use will adversely affect the tax status of the issue and if so, what remedial action is appropriate. The Compliance Officer should retain all documents related to any of the above potential private uses. Qualified Tax-Exempt Obligations 6 If the Issuer issues qualified tax-exempt obligations in any year, the Compliance Officer shall monitor all tax-exempt financings (including lease purchase arrangements and other similar financing arrangements and conduit financings on behalf of 501(c)(3) organizations) to assure that the $10,000,000 “Small Issuer” limit is not exceeded. Federal Subsidy Payments The Compliance Officer shall be responsible for the calculation of the amount of any federal subsidy payments and the timely preparation and submission of the applicable tax form and application for federal subsidy payments for tax-advantaged obligations such as Build America Bonds, New Clean Renewable Energy Bonds and Qualified School Construction Bonds. Reissuance The following policies relate to compliance with rules and regulations regarding the reissuance of Obligations for federal law purposes. The Compliance Officer will identify and consult with bond counsel regarding any post-issuance change to any terms of an issue of Obligations which could potentially be treated as a reissuance for federal tax purposes. Record Retention The following polices relate to retention of records relating to the Obligations issued. The Compliance Officer will: A. Coordinate with staff regarding the records to be maintained by the Issuer to establish and ensure that an issue remains in compliance with applicable federal tax requirements for the life of such issue. B. Coordinate with staff to comply with provisions imposing specific recordkeeping requirements and cause compliance with such provisions, where applicable. C. Coordinate with staff to generally maintain the following: 1. The Transcript relating to the transaction (including any arbitrage or other tax certificate and the bond counsel opinion); 2. Documentation evidencing expenditure of proceeds of the issue; 3. Documentation regarding the types of facilities financed with the proceeds of an issue, including, but not limited to, whether such facilities are land, buildings or equipment, economic life calculations and information regarding depreciation. 7 4. Documentation evidencing use of financed property by public and private entities (e.g., copies of leases, management contracts, utility user agreements, developer agreements and research agreements); 5. Documentation evidencing all sources of payment or security for the issue; and 6. Documentation pertaining to any investment of proceeds of the issue (including the purchase and sale of securities, SLGs subscriptions, yield calculations for each class of investments, actual investment income received by the investment of proceeds, guaranteed investment contracts, and rebate calculations). D. Coordinate the retention of all records in a manner that ensures their complete access to the IRS. E. Keep all material records for so long as the issue is outstanding (including any refunding), plus seven years. Continuing Disclosure Under the provisions of SEC Rule 15c2-12 (the “Rule”), Participating Underwriters (as defined in the Rule) are required to determine that issuers (such as the Issuer) have entered into written Continuing Disclosure Agreements to make ongoing disclosure in connection with Offerings subject to the Rule. Unless the Issuer is exempt from compliance with the Rule or the continuing disclosure provisions of the Rule as a result of certain permitted exemptions, the Transcript for each issue of related obligations will include a Continuing Disclosure Agreement executed by the Issuer. In order to monitor compliance by the Issuer with its Continuing Disclosure Agreements, the Compliance Officer will, if and as required by such Continuing Disclosure Agreements: A. Assist in the preparation or review of annual reports (''Annual Reports”) in the form required by the related Continuing Disclosure Agreements. B. Maintain a calendar, with appropriate reminder notifications, listing the filing due dates relating to dissemination of Annual Reports, which annual due date is generally expressed as a date within a certain number of days (e.g., 365 days) following the end of the Issuer's fiscal year (the “Annual Report Due Date”), as provided in the related Continuing Disclosure Agreements. C. Ensure timely dissemination of the Annual Report by the Annual Report Due Date, in the format and manner provided in the related Continuing Disclosure Agreements, which may include transmitting such filing to the Municipal 8 Securities Rulemaking Board (“MSRB”) through the Electronic Municipal Market Access (“EMMA”) System at www.emma.msrb.org in the format prescribed by the MSRB. D. Monitor the occurrence of any “Material Event” (as defined in the Continuing Disclosure Agreements) and timely file notice of the occurrence of any such Material Event in the manner provided under the Continuing Disclosure Agreements. To be timely filed, such notice must transmitted within 10 days (or such other time period as set forth in the Continuing Disclosure Agreements) of the occurrence of such Material Event. E. Ensure timely dissemination of notice of any failure to perform under a Continuing Disclosure Agreement, if and as required by the Continuing Disclosure Agreement. F. Respond to requests, or ensure that the Issuer Contact (as defined in the Continuing Disclosure Agreement) responds to requests, for information under the Rule, as provided in the Continuing Disclosure Agreements. G. Monitor the performance of any dissemination agent(s) engaged by the Issuer to assist in the performance of any obligation under the Continuing Disclosure Agreements. Passed and Adopted by the City of Brookings, this 12th day of May, 2015. 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 #:ID 2015-0253,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending 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 5/7/2015Page 1 of 1 powered by Legistar™