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Home My WebLink About2015_09_22 CC PKT - REVISEDCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, September 22, 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. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2015-0670 Action to approve the August 25th and September 8th City Council Minutes. 8/25/2015 Minutes 9/8/2015 Minutes Attachments: 3.C.ID 2015-0677 Action on an appointment to the Traffic Safety Committee. 3.D.RES 15-098 Action on Resolution 15-098, a Resolution to declare Street Department Equipment as Surplus Property. Page 1 City of Brookings September 22, 2015City Council Meeting Agenda ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2015-0675 The Brookings Human Rights Committee invites the public and City Council to attend the Fall Diversity Potluck on October 4, 2015, McCrory Gardens Visitor Center, 5:00 p.m. - 7:00 p.m. Press Release Poster Attachments: 5.D.ID 2015-0680 Invitation for the public and City Council to attend Creativity Week. 6. Contracts/Change Orders: 6.A.RES 15-099 Action on Resolution 15-099, a Resolution Awarding Snow Removal Equipment Contracts. ResolutionAttachments: Action: Motion to Approve, Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 8. Public Hearings and Second Readings: 8.A.ID 2015-0674 Public Hearing and Action on a Temporary Liquor Application for Downtown Brookings, Inc., to host Creativity Week Events at 221 Main Ave. (The Brookings Armory Building): The Rock Garden Tour on October 1, 2015, and The Creative Clash Concert on October 2, 2015. Public Hearing NoticeAttachments: Action: Open & Close Public Hearing, Request Public Comment, Roll Call 8.B.ORD 15-018 Public Hearing and Action on Ordinance 15-018, an Ordinance Amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota to include Article VIII, and Pertaining to the Regulation of Food Trucks in the City of Brookings. Page 2 City of Brookings September 22, 2015City Council Meeting Agenda Ord Food Truck - clean Ord Food Truck - marked Permitted Locations Map Attachments: Action: Open & Close Public Hearing, Request Public Comment, Roll Call Legislative History 9/8/15 City Council read into the record 8.C.RES 15-100 Action on Resolution 15-100, a Resolution setting the fee pertaining to Food Trucks in the City of Brookings. ResolutionAttachments: Action: Motion to Approve, Public Comment, Roll Call 8.D.ORD 15-019 Public Hearing and Action on Ordinance 15-019, an Ordinance Amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and Pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings. Ordinance - clean Ordinance - marked Attachments: Action: Open & Close Public Hearing, Request Public Comment, Roll Call Legislative History 9/8/15 City Council read into the record 8.E.RES 15-097 Public Hearing and Action on Resolution 15-097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. Resolution Property Owner List Map Attachments: Action: Open & Close Public Hearing, Request Public Comment, Roll Call 9. Other Business: 9.A.RES 15-096 Action on Resolution 15-096, a Resolution Levying Assessment for Project 2014-02STA Main Avenue South & 26th Street South Street Assessment Project. Resolution Assessment Roll - filed 09/04/2015 Resolution 05-14 - Necessity Map of Sanitary Sewer Service Area Attachments: Action: Motion to Approve, Public Comment, Roll Call 9.B.ID 2015-0671 Discussion and Possible Action on the Financing Plan for 15th Street South and 7th Avenue South Project. Page 3 City of Brookings September 22, 2015City Council Meeting Agenda Action: Motion to Approve, Public Comment, Roll Call 9.C.ID 2015-0672 Request for Proposal for Purchase of Property in Foster Industrial Park. RFP Foster Parcel Resolution 15-079 - Policy on Surplus Real Property High Growth Businesses in Brookings Attachments: Action: Motion to Approve, Public Comment, Roll Call 9.D.RES 15-101 Action on Resolution 15-101, a Resolution authorizing the Execution of the following documents with the Western Area Power Administration: Firm Electric Service Contract No. 15-Ugpr-L000; Firm Electric Service Contract No. 15-Ugpr-130; Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility Arrangements Contract No. 15-Ugpr-3000. Resolution Letter from Richard J. Helsper Attachments: Action: Motion to Approve, Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Executive Session 11.A.ID 2015-0626 Executive Session, pursuant to SDCL 1-25-2, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 12. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, 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 September 22, 2015City Council Meeting Agenda Page 5 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 2015-0670,Version:1 Action to approve the August 25th and September 8th City Council Minutes. Attachments: August 25 Minutes September 8 Minutes City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Brookings City Council August 25, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, August 25, 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, Patty Bacon, Jael Thorpe, and Scott Meyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda.A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 3.A. Action to approve the agenda. 3.B. Action to approve the August 11 City Council Minutes. 3.C. Action on appointment to the Brookings Committee for People who have Disabilities. 3.D. Action on Resolution 15-088, a Resolution authorizing Change Order No. 1 (Final) for 2015-06STI Chip Seal Project; Topkote, Inc. Resolution 15-088 - Resolution Authorizing Change Order No. 1 (Final) for 2015-06STI Chip Seal Project; Topkote, Inc. Be It Resolved by the City Council that the following change order be allowed for 2015- 06STI, Chip Seal Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total decrease of $45,574.44 to close out the project. Sterling Technologies Presentation.Dustin Kjelden, Sterling Technologies, presented information to the city council. Traffic Signal Light LED Project.A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that the 2015 Traffic Signal Light LED Project be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. FIRST READING: Ordinance 15-017.Introduction and first reading was held on Ordinance 15-017, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2016 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for All Funds. Public Hearing: September 8, 2015. Alcohol License Legal Description Change.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the legal description change 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 for owned property: West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition; legal description for leased property: East 90’ of Lot 19, and East 65’ of West 140’ of Lots 20 and 21, all in Block Three, Original Plat Addition, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Temporary Liquor License.A public hearing was held on a temporary liquor application for VFW 727th DAV Charity Poker Run at the National Guard Armory on September 5, 2015. A motion was made by Council Member Corbett, seconded by Council Member Niemeyer, that the temporary liquor application be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-089.A motion was made by Council Member Meyer, seconded by Council Member Hansen, that Resolution 15-089, a Resolution directing preparation of the Assessment Roll, dividing Assessments into Installments, and providing for the collection thereof for 2014-02STA Main Avenue South and 26th Street South Assessment Project, be approved. The motion carried by the following vote: Yes:7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-089 - Resolution directing preparation of Assessment Roll, dividing Assessments into Installments, and providing for the collection thereof for Street Assessment Project 2014-02STA; Main Avenue South and 26th Street South Assessment Project. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution of Necessity No. 05-14 for Street Assessment Project No. 2014-02STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No. 2014-02STA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in her office showing the total cost of said improvement as follows: Contract price (including CCO4)$3,820,292.61 Right of Way $ 52,821.19 Engineering, inspection, fiscal, legal expense, publication $ 495,404.00 Total Expense $4,368,517.80 4. The total cost of said improvement shall be paid as follows: Assessable costs – street & utilities $1,552,211.00 Assessable costs – right of way $31,599.64 BMU costs – oversize pipe $62,853.60 City-assumed costs including extra width & thickness $2,721,853.56 5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The costs for Main Avenue South water main, sanitary sewer lift station and sanitary sewer force main shall be assessed on an area basis to the assessable lots and tracts of land lying within the sanitary sewer service area of Main Avenue South. The costs for 26th Street South shall be assessed against all assessable lots and tracts of land on the basis of front foot upon each lot or tract of land contiguous to the street constituting said improvement. 6. For Prairie Hills Addition, Christie Springs Addition and Christie Heights Addition, the assessment shall be divided into five (5) equal annual installments and the interest shall be zero (0) percent per annum on the unpaid balance of the assessment costs for a maximum period of five (5) years, with interest and penalties applicable to any unpaid or delinquent installments. The first annual payment shall be due December 31, 2015 with subsequent annual payments due on December 31 each year. The assessment for all other assessable properties shall be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. Resolution 15-090.A motion was made by Council Member Niemeyer, seconded by Council Member Meyer, that Resolution 15-090, a Resolution abating certain Parking Tickets in lieu of a charitable donation, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-090 - A Resolution for the Temporary Abatement of certain parking fines resulting from parking tickets for a specific length of time. Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to initiate a temporary program that would allow recipients of certain parking tickets to substitute payment of the fine for a donation to one of two local food re-distribution opportunities during the holiday season. Specific details of the program would be: 1) Program would apply to certain parking tickets issued by the Brookings Police Department personnel between November 15, 2015 and December 31, 2015. 2) In lieu of paying the fine for the parking ticket, ticket recipients have the alternative choice to contribute a minimum of ten (10) canned or non-perishable items. Food items damaged, opened, or beyond the marked expiration date will be rejected. 3) Items must be brought to the Brookings Public Safety Center, along with the ticket, to consider the fine “paid”. 4) Police Department personnel will distribute the food items evenly divided to the Brookings County Food Pantry and the Harvest Table. 5) In an effort to get the donated food to the outlets as soon as possible, donations must be “paid” within five days of receiving the parking ticket. 6) The specific parking violations subject to this program are: Position of parking on two-way road Places where standing and parking is prohibited Places where stopping is prohibited Parking in excess of 72 hours Parking in alleys Designation of limited parking Illegal parking (2-hr. limit downtown or Medary) Parking at night in business section Maximum duration of parking The following parking violations are exempt from this program: Parking prohibited during snow emergency Parking in disabled space without a permit Parking in front of a fire hydrant Sidewalks on undeveloped property.A motion was made by Council Member Corbett, seconded by Council Member Bacon, to request staff to prepare Resolution of Necessity and required notifications. Public Comment: Dell Poppinga and Meghan Thoreau. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-093.A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 15-093, a Resolution awarding the Contract for EdgeBrook Golf Course Drainage Project for the Parks, Recreation & Forestry Dept., be approved. AMENDMENT: A motion was made by Council Member Hansen, seconded by Mayor Reed, in fiscal year 2016 add $1.00 capital improvement (CIP) fee to all 9-hold green fees, add $2.00 CIP fee for all 18-hole green fees, $30 CIP fee for all season passes, it can never be modified without City Council approval, and the green fees and membership rates will never be lower than prices set for the current season 2015. The motion carried by the following vote: Yes:7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. The motion, as amended, carried by the following vote: Yes:7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to direct city staff to look at a solution that makes the short course walkable to include a pedestrian path and culvert system and the cost be less than the amount that was just saved (less than $27,000 overall). The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-093 - Resolution Awarding the Contract for EdgeBrook Golf Course Drainage Project for the Parks, Recreation & Forestry Dept. Whereas, the City of Brookings has sought and received the following bid for the EdgeBrook Golf Course Drainage Project: Meyer Services Inc. of Volga, SD with a Base bid in the amount of $268,769.00, Alternate #1 Bid in the amount of $27,341.00, for a Total Bid in the amount of $296,110.00. Whereas, on August 11, 2015, the City Council of the City of Brookings discussed proposed Resolution 15-085 and the vote approving Resolution 15-085 failed; and Whereas, the City Council subsequently approved a motion directing staff to reexamine the EdgeBrook Golf Course Drainage Project and report to the City Council with further alternatives; and Whereas, in fiscal year 2016 add $1.00 capital improvement fee to all 9-hole green fees, add $2.00 CIP fee for all 18-hole green fees, $30 CIP fee for all season passes, it can never be modified without City Council approval, and the green fees and membership rates will never be lower than prices set for the current season 2015, and Whereas, staff has completed the analysis of further alternatives for the EdgeBrook Golf Course Drainage Project, and has reported these alternatives to the City Council, and following discussion, the City Council has determined that the following bid proposal is the preferred alternative for the EdgeBrook Golf Course Drainage Project. Now Therefore, Be It Resolved that the base bid in the amount of $268,769.00, by Meyer Services, Inc. of Volga, SD is hereby accepted, and Alternate #1 is rejected. 6th Street Median Concept.Discussion was held on a 6th Street Median Concept associated with the reconstruction of 6th Street between Main Avenue and Medary Avenue scheduled for 2019. Public comment: David Kneip, Carl Kline, Phyllis Cole-Dai, Caleb Evenson, Tom Dobbs, and Deb Dominiack. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to remove the following motion from the table: 8/11/2015 City Council Meeting: A motion was made by Mayor Reed, seconded by Council Member Thorpe, to table this item to the August 25th City Council Meeting. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. A motion was made by Mayor Reed, seconded by Council Member Bacon, to ask the City Council to discuss with the SD Department of Transportation and request their analysis of the possibility of a comprehensive road diet (a 3-lane road) for 6th Street from 17th Ave. to Western Ave. with a continuous bike lane on each side of the road, and to also analyze traffic calming measures on side streets to include one-ways and how that would affect traffic patterns in the area of those roads. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-092.A motion was made by Council Member Meyer, seconded by Council Member Corbett, that Resolution 15-092, a Resolution of Commitment Regarding the City of Brookings Bicycling Initiatives, be approved. The motion carried by the following vote: Yes:7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Friendly Amendment: Be It Further Resolved that the City of Brookings lead by example by adding bicycle parking near the main entrances of all city buildings which serve the public no later than March 31, 2016. Public Comment: Caleb Fink, Lawrence Novotony, Zeno Wicks III, Holly Tilton Byre, Jen Conners, Lisa Frederick, James Vost, Luke McCollough, Caleb Evenson, and Megan Thoreau. Adjourn.A motion was made by Council Member Corbett, seconded by Council Member Bacon, to adjourn the meeting at 8:54 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk Brookings City Council September 8, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, September 8, 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, Patty Bacon, Jael Thorpe, and Scott Meyer (via phone). City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda.A motion was made by Council Member Corbett, seconded by Council Member Hansen, to approve the Consent Agenda. The motion carried by the following vote: The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 3.A. Action to approve the agenda. 3.B. Action to cancel the October 13th City Council Meeting. 3.C. Action on appointment to the Sustainability Council: appoint Nels Granholm (term 9/8/2015-1/1/2017). 3.D. Action on Resolution 15-091, a Resolution fixing time and place for public hearing on 2014-02STA, Main Avenue South and 26th Street South Assessment Project. Resolution 15-091 - Resolution Fixing Time and Place for Hearing Upon Assessment Roll for 2014-02STA Main Avenue South and 26th Street South Assessment Project Be It Resolved, by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Street Assessment Project No. 2014-02STA having been filed in the office of the City Clerk on the 4th day of September, 2015 and the City Council shall meet in the Chambers, Brookings City & County Government Center, in said City on Tuesday, the 22nd day of September, 2015, at 6:00 o'clock PM. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Street Assessment Project No. 2014-02STA, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper not less than ten nor more than twenty days before the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization not less than ten nor more than twenty days before the date set for said hearing. 3.E. Action on Resolution 15-094, a Resolution to declare Police Vehicles as surplus property. Resolution 15-094 - Resolution for the Surplus of Police Vehicles Whereas, the city of Brookings is the owner of the following described equipment formerly used at the City of Brookings Police Department: Two 2013 Ford Interceptors and One 2009 Ford Pickup. Whereas in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. 3.D. Action on Resolution 15-095, a Resolution setting the Unit Financial Charge for 2016 Storm Drainage Fees. Resolution 15-095 - Resolution Setting the Unit Financial Charge for 2016 Storm Drainage Fees Whereas, Chapter 72, Article II, of Code of Ordinances for the City of Brookings, provides for setting the unit financial charge of Storm Drainage, by Resolution. Now, Therefore, Be It Resolved that the unit financial charge for 2016 shall be .00054 for Storm Drainage purposes. 6th Street Main Ave. to Medary Ave. SDDOT Discussion Overview. FIRST READING: Ordinance 15-018.Introduction and first reading was held on Ordinance 15-018, an Ordinance amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota to include Article VIII, and pertaining to the Regulation of Food Trucks in the City of Brookings. Public Hearing: September 22, 2015. FIRST READING: Ordinance 15-019.Introduction and first reading was held on Ordinance 15-019, an Ordinance amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings. Public Hearing: September 22, 2015. Ordinance 15-017.A public hearing was held on Ordinance 15-017, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2016 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for All Funds. An amendment was made by Council Member Bacon, seconded by Council Member Corbett, to transfer $22,000 from the Brookings Municipal Liquor Store Fund into the General Fund and fund the Domestic Abuse Shelter with $22,000 in 2016. The motion carried by the following vote: Yes: 7 - Corbett, Hansen, Niemeyer, Thorpe, Meyer, Bacon, and Reed. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Ordinance 15-017, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2016 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for All Funds, be approved as amended. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Bicycle Advisory Committee Charter.A motion was made by Council Member Meyer, seconded by Council Member Niemeyer, that the Brookings Bicycle Advisory Committee (BBAC) Charter be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Old Armory Building.A motion was made by Council Member Meyer, seconded by Council Member Thorpe, that the Request for Proposal for Re-Purposing of the Old Armory Building be approved. Public Comment: Mariah Curry. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Downtown Retail Acceleration Grant Program.A motion was made by Council Member Thorpe, seconded by Council Member Corbett, that the Amendment to Downtown Retail Acceleration Grant Program be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Timberline Addition Detention Pond.A motion was made by Mayor Reed, seconded by Council Member Thorpe, to add topsoil to the side slopes to obtain the 5:1 slope, extend the storm sewer pipe, grade the floor of the pond to create a greater slope, and reseeding and landscaping for erosion control. Public Comment: Johnny Einspahr and Jim Johnson. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Niemeyer, Thorpe, Meyer, and Bacon; Abstain: - 1 – Hansen. Adjourn.A motion was made by Council Member Corbett, seconded by Council Member Hansen, to adjourn the meeting at 7:35 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor 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 2015-0677,Version:1 Action on an appointment to the Traffic Safety Committee. Summary: Matt Bartley, Street Superintendent, is being appointed to the Traffic Safety Committee, replacing current Street Supt. designee, Pete Kirchhevel. Membership:13 (representing the following organizations): ·Brookings Chief of Police (or their designee) ·Chamber of Commerce Representative ·City Engineer (or their designee) ·SDSU Chief of Security (or their designee) ·School Superintendent (or their designee) ·Street Superintendent (or their designee) ·Automobile Insurance Representative ·Senior Citizen Representative ·Industry Representative ·Jogger/Bicyclist Representative ·Citizen-at-large (3) Term:3 years Residency:The majority of the members shall be residents of the city. Purpose:The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Recommendation: Staff recommends approval. City of Brookings Printed on 9/15/2015Page 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 15-098,Version:1 Action on Resolution 15-098, a Resolution to declare Street Department Equipment as Surplus Property. Summary: The City Street Department is requesting to declare one (1) 2016 dually pickup box, Model F350, as surplus property. Background: The dually pickup box has been replaced with a 2015 Crysteel dump body. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Resolution 15-098 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 2016 Dually Pickup Box Model F350 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 22nd day of September, 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 2015-0675,Version:1 The Brookings Human Rights Committee invites the public and City Council to attend the Fall Diversity Potluck on October 4, 2015, McCrory Gardens Visitor Center, 5:00 p.m. - 7:00 p.m. Summary: The Brookings Human Rights Committee will be hosting a Diversity Potluck and Food Drive on Sunday, October 4th from 5:00 p.m. - 7:00 p.m. at the McCrory Gardens Education and Visitor Center at 631 22nd Ave. Sam Jennings II, SDSU Dean of Students, will present “Diversity is You, Me and the Other.” Thinking about diversity is good. Practicing cultural competence can be more challenging. Please attend the Diversity Potluck and instead of thinking about another culture, prepare to think about how you might engage from someone whose cultural background is difference from your own. Please bring a nonperishable donation for the local food pantry. Attachments: Press Release Poster City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Brookings Human Rights Committee Penny Hauffe, Chair Sam Jennings II, Vice Chair Lawrence Novotny, Recorder Steve Bayer Chandradhar Dwivedi George Hamer Judy Karen Kanbi Knippling Shafiqur Rahman Shari Thornes, City Clerk-Staff September 15, 2015 FOR IMMEDIATE RELEASE PUBLIC INVITED TO ATTEND THE FALL DIVERSITY POTLUCK& FOOD DRIVE – October 4th The public is invited to attend a diversity potluck and food drive on Sunday, October 4, 2015, from 5:00 p.m. – 7:00 p.m. at the McCrory Gardens Education and Visitor Center which is located on 22 nd Avenue across from Wal-Mart. What better way to celebrate the diversity of our growing community than by sharing the foods that remind us of our homes near and far? The potluck will feature dishes from an array of ethnic and international origins. Sam Jennings II, SDSU Dean of Students, will present “Diversity is You, Me and the Other.” The evening is an opportunity for members of the Brookings community and the SDSU student body to become acquainted. “Besides enjoying delicious food, the diversity potluck is an excellent way to learn about your fellow Brookings residents and their heritage” said Lawrence Novotny, a member of the Brookings Human Rights Committee, the sponsor of the diversity potluck. Those attending are asked to bring a food item (hotdish, salad, bread, or dessert) that is representative of their heritage. Table service, chicken, coffee, punch and water will be provided. Additionally, please bring a nonperishable donation for the local food pantry. One of the main objectives of the Brookings Human Rights Committee is to provide educational programs on diversity that will make Brookings a more welcoming and accepting community. The Brookings Human Rights Committee also has the responsibility of investigating issues of discrimination as provided by City Ordinance. For further information contact City Clerk Shari Thornes at (605) 692-6281 or sthornes@cityofbrookings.org or humanrights@cityofbrookings.org. The Brookings Human Rights Committee is a committee of the City of Brookings. Our mission is to improve human relations in the Brookings area by fighting discrimination and promoting educa- tion. For more information about the Diversity Potluck or the Brookings Human Rights Committee, contact Shari Thornes, City Clerk (605) 692-6281, humanrights@cityofbrookings.org. Please bring a nonperishable donation for the local food pantry. Admission is FREE! What better way to celebrate the diversity of our growing community than by sharing the foods that remind us of our homes near and far? If you can, please bring a dish that is culturally important to you or just bring something you really like to share. All Are Welcome! SUNDAYOCT McCrory GardensEducation & Visitor Center 631 22nd Avenue4th5:00PM 7:00PM Come eat with us and learn about: Brookings Diversity Potluck & Food Drive Diversity is You, Me, and The Other Sam Jennings II, SDSU Dean of Students, will present “Diversity is You, Me, and The Other.” Thinking about diversity is good. Practicing cultural competence can be more challenging. Please attend the Diversity Potluck and instead of thinking about another culture, prepare to think about how you might engage from someone whose cultural background is different from your own. 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 2015-0680,Version:1 Invitation for the public and City Council to attend Creativity Week. Summary: Creativity Week is a week-long festival celebrating the creatives in our community. Everything from artists, to local business, to lectures, to architects, to musicians, and everyone in between. A full schedule of events can be found at: <http://www.thecreativecapital.org/?s=&event-category%5B%5D=0> City of Brookings Printed on 9/16/2015Page 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 15-099,Version:1 Action on Resolution 15-099, a Resolution Awarding Snow Removal Equipment Contracts. Bids were opened on Tuesday, September 15, 2015 at 1:30 p.m. at the Brookings City & County Government Center for snow removal equipment bid awards. Recommendation: The Brookings Street Department recommends the following bid awards. Three (3) Motorgraders with wings. Only two bids were received. VJ Ahlers Excavating Inc, Champion 730A, $150.00/hr; Bowes Construction, 140H, $165.00/hr. One (1) 3- to 6-Yard Loader. Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr. Four (4) Loaders with Reversible Blades. Only three bids were received. Bowes Construction, 950 CAT, $185.00/hr; Concrete Contractors Inc, two WA250’s, $185.00/hr each. Eight (8) End-Dump Trucks. VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr; Winter Inc, #28, 23.34 cubic yards, $120.00/hr; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr; Bowes Construction, two trucks, 22.7 cubic yards each, $125.00/hr each; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr. Attachments: Resolution City of Brookings Printed on 9/16/2015Page 1 of 1 powered by Legistar™ Resolution 15-099 Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 15, 2015 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Three (3) Motorgraders with Wings: Only two bids were received. VJ Ahlers Excavating Inc, Champion 730A, $150.00/hr; Bowes Construction, 140H, $165.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr; VJ Ahlers, JD624, 3.5 cubic yards, $150.00/hr; Bowes Construction, 966 CAT, 5 cubic yards, $220.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Bowes Construction, 950 CAT, $185.00/hr; Concrete Contractors Inc, two WA250’s, $185.00/hr each. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr; Winter Inc, #28, 23.34 cubic yards, $120.00/hr; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr; Bowes Construction, two trucks, 22.7 cubic yards each, $125.00/hr each; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr; Prussman Contracting Inc, #21, 20.6 cubic yards, $125.00/hr; Prussman Contracting Inc, #23, 19.5 cubic yards, $125.00/hr. Now Therefore, Be It Resolved the following bids be accepted: Three (3) Motorgraders with Wings: Only two bids were received. VJ Ahlers Excavating Inc, Champion 730A, $150.00/hr; Bowes Construction, 140H, $165.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Bowes Construction, 950 CAT, $185.00/hr; Concrete Contractors Inc, two WA250’s, $185.00/hr each. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr; Winter Inc, #28, 23.34 cubic yards, $120.00/hr; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr; Bowes Construction, two trucks, 22.7 cubic yards each, $125.00/hr each; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr. Passed and approved this 22ndday of September, 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 2015-0674,Version:1 Public Hearing and Action on a Temporary Liquor Application for Downtown Brookings, Inc., to host Creativity Week Events at 221 Main Ave. (The Brookings Armory Building): The Rock Garden Tour on October 1, 2015, and The Creative Clash Concert on October 2, 2015. Summary: Downtown Brookings, Inc. has applied for a temporary liquor license to host Creativity Week events at 221 Main Ave. (The Brookings Armory Building): The Rock Garden Tour on Thursday, October 1, 2015, and The Creative Clash Concert on Friday, October 2, 2015. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, September 22, 2015, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for Downtown Brookings Inc. to host the following Creativity Week events at 221 Main Ave. (Brookings Armory Building): The Rock Garden Tour on October 1, 2015 and The Creative Clash Concert on October 2, 2015. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 11 th day of September, 2015. Shari Thornes, City Clerk Published time(s) 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 15-018,Version:2 Public Hearing and Action on Ordinance 15-018, an Ordinance Amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota to include Article VIII, and Pertaining to the Regulation of Food Trucks in the City of Brookings. Summary: Proposed Ordinance 15-018 establishes regulations for food trucks in business, industrial and public areas. The regulations and application process were developed by the Community Development, Engineering, City Attorney, City Clerk and Police Departments and address issues of economic activity, public space, health and safety. Close attention has been given to developing a streamlined process that will encourage new entrepreneurs in Brookings. An applicant would be required to provide proof of insurance, an annual $75 fee, and state permits and licenses. The application process will be included in the City’s new “start-up businesses” website page along with a map clearly depicting approved areas. Food trucks would be allowed to park and serve in the downtown, business and industrial zones, private property in business and industrial zones, and public parking lots. Minor modifications have been made to the Ordinance since first reading. Attachments: Ordinance - marked Ordinance - clean Permitted Locations Map City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Ordinance 15-018 An Ordinance Amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota to include Article VIII, and Pertaining to the Regulation of Food Trucks in the City of Brookings. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Article VIII Food Trucks Sec. 26-420. – Definitions. Downtown Zone. The Business B-1 Central District, as provided in Ordinance 94-131. Food Truck. A licensed and operable vehicle or concession trailer which is enclosed and self-contained, independent with respect to water, sewer, power utilities, that contains equipment for the preparation and sale or service of food or beverages with or without charge which are designed for immediate consumption. Food Truck Permit. Written authorization by the City to operate a food truck in the City as provided in this Article. Operate. To offer for sale food and beverage items from a food truck to the general public for immediate consumption on the public right-of-way or on private property; it does not mean either loading or unloading food or beverage items in bulk or other materials. Operator.The registered owner of a food truck or the owner’s designated agent who holds a food truck permit. Permittee. The person who has been issued a food truck permit by the City. Sec. 26-421. – Permit Required. No person may operate a food truck in the City of Brookings without a food truck permit as provided herein. Sec. 26-422. – False Information. No person shall give any false or misleading information in connection with his or her application for a food truck permit. Sec. 26-423. – Application to Obtain a Permit. 1. An application for a food truck permit shall be filed with the City Clerk on a form provided by the City. 2. The permit shall require the permittee to assume all legal liability and pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for claims or damages of any kind resulting from use of public property and the public right-of-way, whether sustained by any person or persons, caused by accident or otherwise and the permittee shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right-of-way. 3. The permit shall require the permittee to obtain insurance in an amount determined by the City. 4. The City Clerk or designee shall grant or deny the application for a permit in writing within thirty (30) calendar days after the filing of an application for a food truck permit. The City Clerk or designee shall grant the application and issue a permit if the requirements set forth in this ordinance have been met. 54. The City Clerk or designee may revoke a food truck permit for violation of this ordinance. 65. The City may limit the number of food truck permits granted by Resolution of the City Council. 76. Permits shall be issued for a period up to one (1) calendar year. 87. The permittee shall not offer tobacco or alcoholic beverages for sale. 98. The sale, transfer, or assignment of a permit is expressly prohibited. Sec. 26-424. – Food Truck Permit Issuance and Fees. 1. Prior to any food truck permit being issued under the provisions of this ordinance, the Applicant shall have all applicable State permits and licenses and shall pay the required fee. 2. The operator of each food truck is required to obtain a food truck permit for each operating food truck. 3. A permit shall remain in effect until December 31 st of the year of issuance. Sec. 26-425. – Permit. The City Clerk shall note on the permit the time period for which it is effective. Upon the filing of the application, payment of the fee as provided in this article, and compliance with all requirements for a food truck permit, the City Clerk shall issue a permit which shall authorize the permittee to do business for the time period for which it is effective. The permit shall be visibly posted on the food truck. Sec. 26-426. – Location of Food Truck Operations. Permitted Locations: 1. The sale of food and beverages from a food truck is permitted on the public rights-of- way inside and adjacent to the exterior boundaries of Downtown Zone in accordance with the requirements of this ordinance. 2. Food truck operators must be actively engaged in food vending operations at all times while parked on the public right-of-way; 3. The sale of food and beverages from a food truck is also permitted on business and industrial zoned private property inside and adjacent to the Downtown Zone and is also permitted on private property within the City in business and industrial zoned areas, in municipal lots, including lots for ball fields with written permission from the City Clerk,and in parks with written permission from the Parks, Recreation and Forestry Department. Prohibited Locations: No person shall operate, and no permittee shall allow a food truck to be operated on a public right-of-way in the following locations: 1. A street that is within a residential zone or abuts a residential zone boundary of the City of Brookings; or 2. On any private property in a business or industrial zone without the permission of the owner or agent of the property; or 3. On any private property in a residential zone. 4. Upon a public street, including public parking spaces, where the Police Chief has determined that potential traffic or safety hazards exist. 5. This ordinance does not authorize the operation of a food truck upon South Dakota State University property unless South Dakota State University authorizes such use. Sec. 26-427. – Fees. The annual fee for a food truck permit shall be set by Resolution of the City Council. Sec. 26-428. – Food Truck Parking Requirements. Notwithstanding any other provision in the code, a food truck operator may: 1. Park in a parallel manner within two (2) parallel or three (3) diagonal parking spaces. 2. Operate a food truck while parked in a municipal parking lot with special permission. This provision does not include any South Dakota State University parking lot. No food truck exceeding 22 feet may park diagonally in a diagonal parking space. No food truck operator shall operate with the serving window facing street traffic. Sec. 26-429. – Rules of Operation. 1. The food truck permittee shall display their permit at all times in a conspicuous place where it can be read by the general public on the food truck. 2. Permittees shall be responsible for ensuring that the operation of a food truck does not impact the capacity of public trash receptacles by providing private receptacles on site to reduce the use of the public receptacles. Food truck operators shall pick up all garbage left by their customers. 3. Food truck permittees shall be responsible for providing one private trash bin and one private recycling bin for public use with capacity of no less than 30 gallons each, and shall remove all refuse within 25 feet of the food truck. Refuse shall be removed at the food truck operator’s expense and shall not be placed in an unauthorized private or City receptacle. 4. Food truck permittees shall not sell directly in front of any main entrance to an adjacent business. 5. No food truck permittee shall sell food or beverages between the hours of 2 a.m. and 6 a.m. Hours of operation are not limited on private property. 6. In the event of parades, food truck operators shall not be permitted to park in any areas along the parade route or obstruct parade viewers. 7. The food truck operator shall provide an accessible counter height to serve persons with disabilities or shall provide equal access to goods and services by modifications in policies, practices, and procedures; provision of auxiliary aids; and removal of barriers. 8. No tables or chairs shall be used in conjunction with the operation of a food truck. 9. All signs shall be located upon the food truck. No electronic signage shall be permitted to be used by a food truck operator. 10.All parking ordinances, including ordinances limiting the duration of parking, shall apply to food trucks except as specifically provided in Sec. 26-429. 11.Food trucks shall not be parked closer than twenty (20') feet of a crosswalk at an intersection. Sec. 26-430. – Revocation/Supervision. Any permit issued under the provisions of this ordinance may be revoked for violation of any provision of this Code, State law or City ordinance by the City Clerk or designee. Upon the revocation, the permit shall immediately be surrendered, and failure to do shall be a violation of this ordinance. In addition, the Police Department is authorized to suspend a permit at any time in the event of prohibited conduct by a food truck operator. The food truck operator shall be provided an opportunity to remove the suspension following a meeting with the City Clerk and Police Chief during regular business hours following the suspension. Sec. 26-431. – Health and Sanitation Requirements. Food truck operators shall comply with the minimum public health and safety requirements as made and enforced by the South Dakota Department of Health, pursuant to SDCL Chapter 34-18. Sec. 26-432. – Fire Safety. No food truck operator shall operate without proof of an annual third-party inspection of propane fill or gas-related capabilities. Sec. 26-433. – Prohibited Conduct. No food truck operator shall: 1. Operate in or abutting a City park without written permission from the Parks, Recreation and Forestry Department; and 2. Place any object that blocks pedestrian traffic. Sec. 26-434. – Noise. Food truck operators must adhere to all noise ordinances of the City. Sec. 26-435. – Liability and Insurance. 1. Before any food truck vendor permit is granted, the Applicant shall sign a statement holding harmless the City and shall indemnify the City, its officers and employees, for any claims for damages to property or injury to persons which may occur in connection with any activity carried on pursuant to any activities associated with food truck vending. 2. All Applicants shall furnish and maintain a policy of insurance protecting the Applicant and the City from all claims for damage to property or bodily injury, including death, which may arise from activities associated with mobile food vending. The insurance policy shall list or endorse the City as additional insured and carry minimum liability limits of at least $1,000,000 per occurrence. The endorsement shall provide that the policy shall not be terminated or cancelled prior to the termination of the food truck permit without 30 days written notice to the City. 3. Any permit for food truck vending shall be deemed void in the absence of a current insurance policy meeting the above criteria. Sec. 26-436. – Penalties. A violation of this article shall subject the violator to revocation of the permit and a fine of up to $200.00. Each day a violation occurs may constitute a separate offense. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: September 8, 2015 Second Reading: September 22, 2015 Published: September 25, 2015 CITY OF BROOKINGS, SOUTH DAKOTA 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 15-100,Version:1 Action on Resolution 15-100, a Resolution setting the fee pertaining to Food Trucks in the City of Brookings. Summary: Proposed Resolution No. 15-100 establishes the annual license fee for food trucks in the City of Brookings. The regulations and application process are outlined in Ordinance No. 15-018, which will permit food trucks to park and serve in the downtown, business and industrial zones, private property in business and industrial zones, and public parking lots. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Resolution 15-100 Resolution Setting the fee pertaining to Food Trucks in the City of Brookings Whereas, Chapter 26, Article VIII, of the Code of Ordinances for the City of Brookings, provides for the Regulation of Food Trucks in the City of Brookings and requires a permit be obtained; and Whereas, the Food Truck Permit, as per Ordinance 15-018, shall be set by Resolution from time to time by the City Council; and Now, Therefore, Be It Resolved that the City of Brookings sets the license fee pertaining to Food Trucks to $75.00 per calendar year. Passed and approved this 22nd day of September, 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 15-019,Version:2 Public Hearing and Action on Ordinance 15-019, an Ordinance Amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and Pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings. Summary: Proposed Ordinance 15-019 would amend the temporary sidewalk vendor permit regulations in the City of Brookings. The amendments would make the sidewalk food stand and push-cart vendor regulations consistent with the newly proposed food truck regulations. Close attention has been given to developing a streamlined process that will encourage new entrepreneurs in Brookings. An applicant would be required to provide proof of insurance, a $50 fee, and state permits and licenses. The application process will be included in the City’s new “start-up businesses” website page along with a map clearly depicting approved areas. Attachments: Ordinance - clean Ordinance - marked City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Ordinance 15-019 An Ordinance Amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and Pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. DIVISION 2. - TEMPORARY VENDOR PERMIT Sec. 74-61. - Temporary vendor permit; fee required. It is unlawful for any temporary vendor to engage in such business upon any sidewalk in the central business district without first obtaining a permit as required by this division. A fee shall be paid for said permit as set by resolution from time to time by the city council. Sec. 74-62. - Application. An application for a temporary vendor permit shall be submitted to the city with the following information: (1) Applicant's name, address and phone number (personal and business); (2) Applicant's drivers license number and date of birth; (3) Type(s) of food, beverage or merchandise to be sold; (4) Tax ID number and other state required license information (food service license, etc.); (5) Photo of device, if any, to be used for vending; (6) Certificate of insurance with the City of Brookings named as an additional insured ($1,000,000.00 for food and $25,000.00 for merchandise); (7) Site map showing exact location on sidewalk of operation, including maximum length and width of proposed space to be used, or showing blocks of operation for push-cart. (8) A description and photo image of all proposed signage used on the stationary or mobile vending cart or umbrella. Sec. 74-63. - Restrictions and operational limits. (1) No permit may be used for the sale of food, beverages or merchandise which is not described on the application. (2) Food, beverages and merchandise may be sold only to pedestrians. Soliciting motorists is strictly prohibited. (3) No permit may be granted for a period exceeding 30 consecutive days. Renewals may be permitted, subject to the applicant's compliance history. (4) Glass containers are prohibited. (5) The permit is not transferable in any manner. (6) The permit is valid only at the location shown on the application. (7) All vendors must have a trash receptacle. (8) The use of any noise producing devices is prohibited. (9) Total signage may not exceed eight square feet. Freestanding signage and electronic signage is prohibited. (10)No vendor shall sell food or beverages between the hours of 2 a.m. and 6 a.m. Hours of operation are not limited on private property. Sec. 74-64. - Misrepresentation. It is unlawful for any temporary vendor to make false or fraudulent statements concerning the quality or the nature of its goods, wares, merchandise or services for the purpose of inducing another to purchase the same. Sec. 74-65. - Suspension or revocation. The city may suspend or revoke any permit issued pursuant to this division if false information was submitted in the permit application or if any local, state or federal law or regulation has been violated by the permittee. Sec. 74-66. – Penalties. A violation of this article shall subject the violator to revocation of the permit and a fine of up to $200.00. Each day a violation occurs may constitute a separate offense. Secs. 74-67—74-95. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: September 8, 2015 Second Reading: September 22, 2015 Published: September 25, 2015 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 15-019 An Ordinance Amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and Pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. DIVISION 2. - TEMPORARY VENDOR PERMIT Sec. 74-61. - Temporary vendor permit; fee required. It is unlawful for any temporary vendor to engage in such business upon any sidewalk in the central business district without first obtaining a permit as required by this division. A fee shall be paid for said permit as set by resolution from time to time by the city council. Sec. 74-62. - Application. An application for a temporary vendor permit shall be submitted to the city with the following information: (1) Applicant's name, address and phone number (personal and business); (2) Applicant's drivers license number and date of birth; (3) Adjacent business owner's/operator's signature of consent; (3) Type(s) of food, beverage or merchandise to be sold; (4) Tax ID number and other state required license information (food service license, etc.); (5) Photo of device, if any, to be used for vending; (6) Certificate of insurance with the City of Brookings named as an additional insured ($1,000,000.00 for food and $25,000.00 for merchandise); (7) Site map showing exact location on sidewalk of operation, including maximum length and width of proposed space to be used, or showing blocks of operation for push-cart. (8) A description and photo image of all proposed signage used on the stationary or mobile vending cart or umbrella. Sec. 74-63. - Restrictions and operational limits. (1) No permit may be used for the sale of food, beverages or merchandise which is not described on the application. (2) Food, beverages and merchandise may be sold only to pedestrians. Soliciting motorists is strictly prohibited. (3) No permit may be granted for a period exceeding 14 30 consecutive days. Renewals may be permitted, subject to the applicant's compliance history. (4) Glass containers are prohibited. (5) The permit is not transferable in any manner. (6) The permit is valid only at the location shown on the application. (7) All vendors must have a trash receptacle. (8) The use of any noise producing devices is prohibited. (9) Total signage may not exceed eight square feet. Freestanding signage and electronic signage is prohibited. (10)Operating hours are limited to the hours between 7:00 a.m. and 10:00 p.m. Devices used for sales must be removed from the sidewalk during non-operating hours. Hours may be extended for reasonable cause by the city manager or designee. No vendor shall sell food or beverages between the hours of 2 a.m. and 6 a.m. Hours of operation are not limited on private property. (11)No food, beverages or merchandise may be sold within 100 feet of the door of a business owner or operator selling the same product. The distance shall be measured in a straight line from the device to the main entrance of the business. Sec. 74-64. - Misrepresentation. It is unlawful for any temporary vendor to make false or fraudulent statements concerning the quality or the nature of its goods, wares, merchandise or services for the purpose of inducing another to purchase the same. Sec. 74-65. - Suspension or revocation. The city may suspend or revoke any permit issued pursuant to this division if false information was submitted in the permit application or if any local, state or federal law or regulation has been violated by the permittee. Sec. 74-66. – Penalties. A violation of this article shall subject the violator to revocation of the permit and a fine of up to $200.00. Each day a violation occurs may constitute a separate offense. Secs. 74-67—74-95. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: September 8, 2015 Second Reading: September 22, 2015 Published: September 25, 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 15-097,Version:1 Public Hearing and Action on Resolution 15-097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. Summary: Resolution 15-097 pertains to the Resolution of Necessity to require sidewalk on undeveloped property on the west side of 22nd Avenue South between 12th Street South and 20th Street South. Background: The Brookings City Council discussed the issue of requiring sidewalks on undeveloped property along the west side of 22nd Avenue South between 12th Street South and 20th Street South at their August 25, 2015 meeting. The discussion pertained to three undeveloped properties on the west side of 22nd Avenue South that do not currently have sidewalks (see attached map). The Brookings City Council directed staff to proceed with holding a public hearing on the Resolution of Determining the Necessity of installing sidewalk on the west side of 22nd Avenue. The property owners of the undeveloped lots were mailed a notice of the public hearing by receipt-certified mail as required. Attachments: Resolution Property List Map City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ Resolution 15-097 Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2016-01SWR Sidewalk Assessment Project. 2. Such sidewalks shall be to the width and of the materials prescribed by Article V, Sidewalks, of Chapter 74 of the Code Ordinances of the City of Brookings and to the grade and in accordance with the Plans and Specifications prepared in the Office of the City Engineer. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 22nd day of September, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 2016-01: Notice to Property Owners Owner Address City,State,Zip Frank Denholm Rev Living Trust 1500 Franklin Ave Brookings, SD 57006 Ronald Borchardt PO Box 144 Brookings, SD 57006 Paul Moriarty Living Trust PO Box 705 Brookings, SD 57006 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 15-096,Version:1 Action on Resolution 15-096, a Resolution Levying Assessment for Project 2014-02STA Main Avenue South & 26th Street South Street Assessment Project. Summary: Approval of Resolution 15-096 will levy the assessment for 2014-02STA, Main Avenue South and 26 th Street South Assessment Project. Background: The Main Avenue South and 26th Street South is located in the southwest portion of the community and was designed by Banner Associates and Civil Design, Inc. of Brookings. The project included street construction, underground utilities, sanitary sewer lift station, sidewalk and miscellaneous work. The Resolution of Necessity 05-14 was approved on January 14, 2014, which authorized the City to proceed with this project. The 26th Street South work has been completed and Change Order No. 4 was approved on August 11, 2015, which adjusted plan quantities for 26th Street South bid items to as-constructed quantities. The City is finalizing the assessment to the property owners for their portion of the construction and engineering costs. The assessment costs to all affected properties are shown on the attached assessment roll with the following information: Assessment Method: There are two different assessment methods for this project which corresponds to each street classification. Twenty-sixth (26th) Street South is a collector street, which is assessed using the front foot method and the City is paying for extra width and thickness, striping and drain tile. Main Avenue South is an arterial street and the water main, sanitary sewer lift station and sanitary sewer force main costs are being assessed on an area basis at $2,850.00 per acre for the sanitary sewer service area. The City Council discussed the estimated assessment costs based on the bid prices at their April 1, 2014 meeting. The street bid prices were lower than estimated; however the assessment costs for the water main, sanitary sewer lift station and sanitary sewer force main were estimated to cost $3,584 per acre, which was higher than the estimated cost of $2,850 per acre outlined in Resolution 05-14. The City Council determined the area assessment cost would be capped at $2,850 per acre. The actual cost of the water main, sanitary sewer lift station and sanitary sewer force main based on final quantities was calculated to be $3,624.79. City Costs: On the 26th Street South project, the City is paying for extra width and thickness, storm sewer upsizing costs, drain tile and striping. The City costs include $152,617.88 for the 26 th Street South assessment on the fire station parcel. The City also paid for the arterial street construction costs on Main Avenue South including surfacing, storm sewer, traffic signals, sidewalk, and gravity sanitary City of Brookings Printed on 9/15/2015Page 1 of 2 powered by Legistar™ File #:RES 15-096,Version:1 sewer. Brookings Municipal Utilities paid for sanitary sewer and water main oversize costs. Payment Method: Resolution 05-14 stated that the Prairie Hills Addition, Christie Springs Addition, and Christie Heights Addition assessments shall be divided into five (5) equal annual installments and the interest shall be zero (0) percent per annum on the unpaid balance of the assessment costs for a maximum period of five (5) years, with interest and penalties applicable to any unpaid or delinquent installments. The first annual payment shall be due December 31, 2015 with subsequent annual payments due on December 31st each year. The assessment for all other assessable properties shall be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. There are three parcels which are outside the City limits and will be collected upon annexation or connection to City utilities, which are 12046-09500-022-03, 12000- 10950-023-00 and 12000-10950-023-30. The City published the notice of the public hearing and mailed a copy of the notice and assessment roll to the property owners being assessed. Fiscal Impact: The assessment costs of $1,845,315.25 approved in this resolution will be collected by the City. Recommendation: Recommend approval of the resolution to levy the assessment costs. Attachments: Resolution Assessment Roll Resolution 05-14 - Resolution of Necessity Map City of Brookings Printed on 9/15/2015Page 2 of 2 powered by Legistar™ Resolution 15-096 Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project Whereas, the City Council has provided for the construction work to be completed under Project No. 2014-04STA, Main Avenue South & 26th Street South Assessment Project. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Project No. 2014-02STA is the amount stated in the proposed assessment roll. 2. The assessment for Street Assessment Project No. 2014-02STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. For the Prairie Hills Addition, Christie Springs Addition and Christie Heights Addition, the assessment shall be divided into five (5) equal annual installments and the interest shall be zero (0) percent per annum on the unpaid balance of the assessment costs for a maximum period of five (5) years, with interest and penalties applicable to any unpaid or delinquent installments. The first annual payment shall be due December 31, 2015 with subsequent annual payments due on December 31 each year. The assessment for all other assessable properties shall be divided into ten (10) equal annual installments and interest of ten (19) percent per annum shall accrue on the unpaid balance of the assessment. 4. Such assessments, unless paid within thirty (30) days after the statement due date, shall be collected by the City in accordance with the procedure for Plan One in Section to 9-43-102, South Dakota Compiled Laws of 1967, as amended. Passed and approved this 22nd day of September, 2015. CITY OF BROOKINGS ___________________________ Mayor Tim Reed 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 2015-0671,Version:1 Discussion and Possible Action on the Financing Plan for 15th Street South and 7th Avenue South Project. Summary: A financing plan consisting of special assessment and 75% Sales and Use Tax - Public Improvement Fund has been developed for the 15th Street South / 7th Avenue South Infrastructure Improvement Project. Additional financing alternatives available include Storm Drainage Fund and Tax Increment Financing. Background: The City is proposing to construct 15th Street South and 7th Avenue South as one complete construction project in 2016. The project will include water and sanitary sewer mains and services, storm sewer, detention pond, wetland mitigation, and street construction. Both of these streets are designated as collector streets and the City will be responsible for extra width and thickness costs as well as the street construction costs adjacent to the City-owned property. Civil Design, Inc. is designing the project and they are currently analyzing the storm drainage system to incorporate the wetland and detention design on the north side of 15th Street South. The following is an estimate of project costs based on preliminary estimates, which will be updated after design and project estimates are available: Assessment Costs: Project estimate (budgeted in assessment fund):$1,500,000 Estimate of extra width and thickness (City cost):$95,000 Amount to be assessed:$1,405,000 Estimate of City's portion of assessable frontage:$951,371.12 Estimated Front Footage (some lots are unplatted):5,249.70 feet Estimated Cost Per Front Foot:$267.63/front foot The City will be purchasing 8.51 acres from Thomas Costello to complete the aforementioned projects. Upon completion of 15th Street South, there will remain approximately 2.34 acres of undeveloped land on the south side of 15th Street South. Staff proposes subdividing the land into 10 lots. Staff researched the cost of lots sold for affordable housing in the past 5 years, and found the following data: ·Willow Springs: 8 lots at $20,000/lot ·Pactola Cove: 17 lots at $13,275/lot; cost did not include Pactola infrastructure cost ·Primrose Circle: 7 lots at $23,000/lot ·Primrose Drive: 7 lots at $22,000/lot Three of the transactions were to ICAP, and the Pactola Cove transaction was to Habitat for Humanity. Staff recommends selling the lots at $25,000/lot based on this analysis, the availability of City of Brookings Printed on 9/15/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0671,Version:1 lots under $30,000 in Brookings, and the location of the project. The proposed price will aid in providing lots for affordable housing without competing with higher priced lots in private developments. Residential Lot Analysis: Cost of property purchase $73,600/8.51 acres = $8655.70/acre Cost of land for housing on south side of 15th St. So.: 2.34 acres x $8655.70/acre = $20,254.34 Cost of assessment for (836.18 front feet @ $267.63/front foot):$223,786.85 Total investment for residential lots:$244,041.19 Sell: 10 lots @ $25,000/lot = $250,000 Revenue. The sale of the lots should cover the assessment cost, cost of land investment, water & sewer services, and platting. The project is currently proposed to be financed through the Assessment Fund and the 75% Sales and Use-Public Improvement Fund. Fiscal Impact: To be determined upon completion of final design and cost estimates of infrastructure and drainage improvements. Recommendation: Staff recommends approval of the proposed financing plan. City of Brookings Printed on 9/15/2015Page 2 of 2 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 2015-0672,Version:1 Request for Proposal for Purchase of Property in Foster Industrial Park. Summary: Pursuant to City policy pertaining to the sale of surplus real property, staff prepared a Request for Proposal (RFP) from private parties for the purchase of real property in the Foster Industrial Park. Background: The City owns 6.4 acres of undeveloped property in the Foster Industrial Park along 32nd Avenue. The property is located within Tax Increment District # 5, which was created to assist in financing the 32nd Avenue infrastructure and street improvements. The City acquired the property for purposes of furthering economic development opportunities. The purpose of the RFP is to solicit proposals from the private sector for furtherance of economic development opportunities within a timely manner. Fiscal Impact: The fiscal impact is unknown at this time as it will be dependent upon the responses to the request for proposal. There are two fiscal impacts associated with the proposal. The first involves a cash infusion to the City associated with the land transaction. The second fiscal impact is associated with development of the subject property which will increase the tax increment being paid to the City for the 32nd Avenue infrastructure improvements. Recommendation: Staff recommends approval of the issuance of the Request for Proposal document. Attachments: RFP Foster Parcel Resolution 15-079 - Policy on Surplus Real Property High Growth Business in Brookings - presentation by Mayor Reed City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™ REQUEST FOR PROPOSAL (RFP) - PROPERTY PURCHASE Lot 2, Block 1 Foster Addition City of Brookings Issue Date: September 25, 2015 Proposal Due Date: November 25, 2015 GENERAL INFORMATION The City of Brookings, South Dakota is proposing to sell a 6.4 acre parcel of property in the Foster Industrial Park. Access to the parcel is provided by 32nd Avenue. Water and sanitary sewer services have been installed from the mains in 32nd Avenue to the property line. A detention pond lies west of the subject property and has design capacity to accommodate development of the subject parcel. A thirty-five foot drainage easement is located along the north property line of the parcel. The property is currently zoned Industrial I-1R Restricted District, which is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Section 1. Purpose and Intent of the Request for Proposal (RFP). The purpose of this document is to solicit proposals from interested parties for the development of a 6.4 acre parcel of property currently owned by the City of Brookings. The further purpose is to provide opportunities for businesses to own land and structures for their use. The legal description of the parcel is Lot 2, Block 1, Foster Addition in the NE1/4 of Section 19-T110N-R49W, City of Brookings, Brookings County, South Dakota. The City encourages creative and innovative proposals for the highest and best use of this property for continued economic development. Applications considered to be for land speculation will be rejected. Section 2. Contents and Format of Proposal. The City discourages overly lengthy and costly proposals; however, in order to evaluate proposals fairly and completely, the respondents must follow the format set forth as follows and provide all information requested. The respondent's proposal should include a point-by-point response for each item listed below. a. Provide a general description of the use(s) of the subject property. b. Provide a schematic site plan of the entire parcel to include, but not limited to: building(s), street(s), access drives, parking lots, loading docks, landscaping, trees, and fencing. c. Describe development schedule to comply with three year development timeframe. d. Describe the project's compliance or ability to comply with the Vision 2020 Comprehensive Plan and City of Brookings Zoning Ordinance. Identify any obvious variances or rezonings that may be necessary. e. Provide estimate of construction value of building(s) to be constructed. g. Provide estimate of number of jobs created or retained, in full-time equivalents, as a result of proposed project. h. Describe the specific role the proposer(s) will perform with regard to the project; whether the proposer is the developer, financier, owner, operator, or any combination thereof. Joint ventures designed to provide an overall "team" approach are encouraged but any such partner(s) and their role need to be identified and described. The specific party in a joint venture who is responsible for this proposal must be identified. i. Describe generally the means, methods and resources the proposer has to realistically implement the proposed project. j. Cash price offered for the subject parcel. Section 3. Development Timeframe. Upon acceptance of a proposal, the City and selected proposal shall negotiate specific terms and conditions for a final Development Agreement and land transaction. The Development Agreement will contain performance measures which must be attained to avoid clawback provisions from being executed. The performance measures and clawback provisions will be a part of the negotiation process as each proposal may present its own set of unique challenges and circumstances. The intent of the RFP is to develop a parcel of City owned property and as such, the selected proposal will result in an end user having three (3) years to complete development of the parcel from the date of closing. Development shall constitute construction of a building or buildings with applicable connections to Brookings Municipal Utilities infrastructure. In case of a subdivision of the property, the provisions of this section shall apply. Final owners shall not be tax-exempt entities. The City Attorney will prepare documents and statements necessary to close on the property at a mutually agreeable time as soon as possible upon acceptance of the Development Agreement. Section 4. Deadline for Submitting Proposals Interested parties will have sixty (60) days from the date of the issuance of the RFP to submit a proposal to the City. Proposals are due by 3:00 PM on Tuesday, November 25, 2015. Proposals shall include one (1) electronic and two (2) hard copies and should be submitted to the following: Mike Struck, Community Development Director 520 3rd Street, Suite 140 PO Box 270 Brookings, SD 57006 mstruck@cityofbrookings.org The Community Development Director and City Manager will review and evaluate all proposals based upon the information provided and provide a recommendation to the City Council. The City Council will see all proposals. To the extent permitted by law, proposals will be kept confidential to preserve proprietary information. Small and New Business Growth in Brookings Mayor Tim Reed 9/22/2015 Economic Growth Plan •Balanced approach •Consumable vs. Durable •Varying sectors – medical, entertainment, food •Etc… •SD ranked as best place for small and new businesses •Large Business vs. Small & New Businesses •Trickle down belief for retail and small businesses •Retail – Incentives – Lowes •Small business incentives is the question at hand •Outcomes •Small & new businesses is where the growth opportunities exist •More Entrepreneurs •More Companies •More Jobs •Do we have a good environment for entrepreneurs and small businesses? High Growth Companies “A concentration of high-growth firms will indicate whether or not entrepreneurs are able to allocate resources to more productive uses and rapidly capitalize on the process of bricolage. ” - Measuring an Entrepreneurial Ecosystem – Dane Stangler & Jordan Bell-Masterson bricolage - something or created from diverse range of things Number of High Growth Companies in Brookings 0 10 20 30 40 50 60 70 >1 Employees > 5 employees >10 employees >20 employees 2008 2009 2010 2011 2012 *High Growth Company >= 20% average annual employment growth over three years. Source Data: National Establishment Time-Series (NETS) - Walls & Associates and Dun & Bradstreet In 2008 36 firms with employment of > 5 grew >= 20% on average each year since 2005 Incentivize Smaller Businesses? •We have heard anecdotal information that smaller businesses are having a hard time finding space in a good location that is affordable. •Data shows that high growth firms in Brookings are in decline since 2008. •Recession caused a slow down but Brookings is not recovering. •Should the City incentive growth of small business through land incentives? •Could a developer create the needed space and sell it to a small business at a reasonable price if the City sells the land at a discount? •There is profit in the development for the developer. •More in depth study of the high growth data and resources requirements to grow an entrepreneurial community is needed. 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 15-101,Version:1 Action on Resolution 15-101, a Resolution authorizing the Execution of the following documents with the Western Area Power Administration: Firm Electric Service Contract No. 15-Ugpr-L000; Firm Electric Service Contract No. 15-Ugpr-130; Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility Arrangements Contract No. 15-Ugpr-3000. Summary: This is the opportunity to enter into an agreement with WAPA to provide power to Brookings through 2050. Background: The City of Brookings has been purchasing wholesale power from the federal hydro power projects since their inception. The Western Area Power Administration (WAPA),under the Department of Energy,currently manages the marketing and distribution of the power and energy through contracts with various load serving entities such as the City of Brookings and Brookings Municipal Utilities. The power we purchase from WAPA is reliable, reasonably priced, and free of carbon emissions. The current contract we are operating under was originated in 1962 and has been supplemented nine times. This contract expires at the end of 2020. BMU has worked with Missouri River Energy Services and through other groups of consumer owned utilities such as Midwest Electric Consumers Association and Western States Power Corporation to negotiate acceptable terms for the years after 2020. WAPA has agreed to enter a new contract through 2050.The proposed contract will continue to supply BMU with the same levels of power and energy as the current contract includes with the exception of a possible 1% decrease in 2021, 2031 and 2041. The proposed contracts have been reviewed by BMU and their attorney, Rich Helsper,who find them acceptable and will be recommending their approval to the Utility Board at their meeting on September 24. BMU has been managing the wholesale power purchases since the inception of the Utility Board in 1970 and has executed all the contract supplements and amendments to the contract exhibits when necessary. All of the City Council members have changed since the current contract was initiated in 1962 and all of the BMU Board members have changed since the last contract supplement in 1995. Due to the significance of this contract and that the members of the governing bodies have changed , City of Brookings Printed on 9/21/2015Page 1 of 2 powered by Legistar™ File #:RES 15-101,Version:1 it would be appropriate that both governing bodies confirm their acknowledgement that BMU has the authority to execute the contract. The attached resolution confirms that the City Council agrees that BMU is authorized to enter into the proposed WAPA contract. Recommendation: Staff recommends approval. Attachments: Resolution Letter from Richard J. Helsper City of Brookings Printed on 9/21/2015Page 2 of 2 powered by Legistar™ Resolution 15-101 Resolution authorizing the Execution of the following documents with the Western Area Power Administration: Firm Electric Service Contract No. 15-Ugpr-L000; Firm Electric Service Contract No. 15-Ugpr-130; Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility Arrangements Contract No. 15-Ugpr-3000. Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, pursuant to previous action taken, the City of Brookings and Brookings Municipal Utilities (“BMU”) have entered into an agreement and supplements to that agreement to obtain a firm power allocation of federal hydroelectricity from the United States Department of Energy, Western Area Power Administration, Pick-Sloan Missouri Basin Program, Eastern Division, (“Western”) pursuant to a Contract for Firm Electric Service for a term extending through December 31, 2020; and Whereas, the City of Brookings and Western desire to enter into new agreements providing for the continued allocation of federal hydroelectricity; and Whereas, Western has asked the City of Brookings to consider approving a new Contract for Firm Electric Service and its associated exhibits and Agreements, each effective commencing on January 1, 2021 and continuing for a term through December 31, 2050; and Whereas, Western has advanced the contract extension discussions through an open and collaborative public process referred to as the "2021 Power Marketing Initiative" or the 2021 PMI which concluded with the publication in the November 16, 2011 Federal Register of the contract details; and Whereas, BMU has determined that it is in the public interest to enter into this long-term agreement to provide its customers with a reliable, low-cost and environmentally friendly source of power and energy; and Whereas, Richard J. Helsper, attorney for BMU, has reviewed the proposed agreements and has concluded, by written opinion dated September 21, 2015, that the agreements are acceptable for execution; and Whereas, the City Attorney has reviewed the Opinion of Richard J. Helsper and applicable State law, particularly SDCL 9-39-6 and 9-39-22, and has concluded the City of Brookings’ governing board has the authority and right to authorize BMU to enter into these agreements on behalf of the City of Brookings; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That Firm Electric Service Contract No. 15-UGPR-1000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and B. That BMU's current Firm Electric Service Contract No. 15-UGPR-130 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and C. That proposed Interconnection Contract No. 15-UGPR-2000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and D. That Consolidated Facility Arrangements Contract No. 15-UGPR-3000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented. Passed and approved on the 22nd day of September, 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 2015-0626,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as 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 or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; (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; SL 2014, ch 90, § 2. City of Brookings Printed on 9/15/2015Page 1 of 1 powered by Legistar™