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HomeMy WebLinkAbout2011_01_11 CC PKT Brookings City Council Tuesday, January 11, 2011 City Hall Council Chambers 311 Third Avenue 5:00 p.m. – Work Session 6:00 p.m. – Regular Meeting 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. 5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Annual Update by Todd Kays, First Planning District 2. Proposed City Investment Policy 3. Proposed City Capital Assets Policy 4. Naming Rights for Municipal Facilities 5. City Council Member Ex-Officio Reports 6. Joint Powers Board members’ Report 7. City Council member introduction of topics for future discussion* 8. Council Invites & Obligations *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 starting the issue, requested outcome, and time. A majority vote is required. 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items: * A. Action to approve the agenda. B. Action to approve the minutes. C. Action on appointments to Board of Health and Traffic Safety Committee. D. Action on Resolution No. 01-11, A Resolution Setting Certain Lease Rates at the Brookings Regional Airport. E. Action to abate the 2011 drainage fee for Parcel No. 40122-00100-001-00, Lot A, County Highway First Addition, located at the County Highway Shop on Western Avenue. 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. 1 2 Open Forum/Presentations/Reports: 5. Open Forum 6. SDSU Student Senate Report Contract Awards / Change Orders 7. Action to award contract for Skid Steer Loader for the Park and Recreation Dept.. Action: Motion to Approve, Request Public Comment, Roll Call Second Readings / Public Hearings 8. Ordinance No. 40-10: An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Ordinance No. 41-10: An Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 42-10: An Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Alcohol Licenses 11. Public hearing and action on Temporary Liquor License request for the Swiftel Center on February 17, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Public hearing and action on a Temporary Liquor License request for The Shamrock for an event on January 20, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Adjourn. Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett 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 @ 1pm / Thursday @ 7 pm / Friday @ 9 pm / Saturday @ 1 pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Annual Update by Todd Kays, First Planning District Todd Kays, Executive Director for First Planning District, will update the City Council and public on First District’s activities from 2010 and plans for 2011. 3 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. Proposed City Investment Policy Enclosed is the present investment policy and a recommended revised investment policy for review. 11 City Council Packet January 11, 2011 PROPOSED POLICY City of Brookings Investment Policy Dated January 25, 2011 1.0 Purpose: ................................................................................................................................... 2 2.0 Policy:........................................................................................................................................ 2 3.0 Scope: ....................................................................................................................................... 2 4.0 Objective:................................................................................................................................... 2 5.0 Standard of Care:...................................................................................................................... 4 6.0 Authority and Responsibility:…...............................................................................................5 7.0 Authorized Financial Dealers and Institutions:...................................................................... 5 8.0 Authorized & Suitable Investments:........................................................................................ 6 9.0 Investment Pool:........................................................................................................................ 6 10.0 Safekeeping and Custody:..................................................................................................... 7 11.0 Collateralization: ..................................................................................................................... 7 12.0 Diversification: ........................................................................................................................ 8 13.0 Maximum Maturities:............................................................................................................... 8 14.0 Reporting: ................................................................................................................................ 8 15.0 Policy Control:..........................................................................................................................8 GLOSSARY.......................................................................................................................10-14 16 City Council Packet January 11, 2011 1.0 PURPOSE The purpose of “The City of Brookings Investment Policy” is to set investment objectives, policies, establish guidelines, and define responsibilities for the investment of funds for the City of Brookings. 2.0 POLICY The policy of the City of Brookings is to invest all funds in a manner based upon state law, that will provide the highest investment return while maintaining maximum security and meeting cash flow demands. The primary goals are: A. To ensure compliance with all Federal, State, and local laws governing the investment of public funds under the control of the City Manager. B. To protect the principal monies entrusted to the City’s Finance Department. C. Achieve a reasonable rate of return within the parameters of prudent risk management while minimizing the potential for capital losses arising from market changes or issuer default. 3.0 SCOPE This policy applies to the investment of all funds of Brookings, South Dakota. Except for funds held in trust or special funds that are otherwise specifically provided for, the city will consolidate the balances from all funds to maximize investment 3.1 Pooling of Funds Except for cash in certain restricted and special funds the City of Brookings will consolidate cash balances from all funds, including utilities and hospital, to maximize investment earnings and meet the liquidity requirements of the city subject to the primary objective of providing security of principal. Investment income will be allocated to the various funds based on their respective participation of capital in the overall portfolio in accordance with generally accepted accounting principles. 4.0 OBJECTIVE Pursuant to South Dakota Codified Law, Chapter 4-5-8 it is the policy of the City of Brookings to invest funds in a manner to meet the daily cash flow demands of the City. The primary objectives, in priority order, being: a) Safety of Principal b) Liquidity c) Return on Investments: A) Safety of Principal 17 City Council Packet January 11, 2011 Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate the following risks. 1. Credit Risk The City of Brookings will minimize credit risk, which is the risk of loss due to the failure of the investment issuer or backer, by limiting the portfolio to the types of investments listed in section 9. Authorized and Suitable Investments of this policy and diversifying the investment portfolio to diminish the impact of potential losses from any one type of investment or from any one individual issuer. 2. Interest Rate Risk The City of Brookings will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by structuring the portfolio to meet the cash requirements of ongoing operations, thereby mitigating the need to liquidate securities at a loss prior to maturity. 3. Concentration Risk The City of Brookings will minimize Concentration of Credit Risk, which is the risk of loss due to having a significant portion of resources invested in a single issuer, by diversifying the investment portfolio as described in section 16. Diversification so the impact of potential losses from any one type of security or issuer will be minimized. Investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools, and other pooled investments are excluded from this requirement. 4. Custodial Credit Risk The City of Brookings will minimize Custodial Credit Risk for deposits, which is the risk that in the event of the failure of a depository financial institution the deposits or collateral securities that are in the possession of an outside party would not be able to be recovered, as addressed in section 15. Collateralization. The City of Brookings will minimize Custodial Credit Risk for investments, which is the risk that in the event of the failure of the counterparty to a transaction the value or collateral securities that are in the possession of an outside party would not be able to be recovered, as addressed in section 14. Safekeeping and Custody. B) Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by 18 City Council Packet January 11, 2011 structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. C) Return on Investments The portfolio shall be designed to obtain a reasonable rate of return throughout budgetary and economic cycles. The return on investments is to be accorded secondary importance compared to the safety and liquidity objectives described above. The core of investments will focus on relatively low risk securities with an expectation of earning a reasonable return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: • A security with declining value may be sold early to minimize loss of principal. • A security may be exchanged to improve the quality, yield, or target duration in the portfolio. • A security may be sold in order to satisfy liquidity requirements. When selling a security prior to maturity, the City Manager must be prepared to justify the reasons and explain any gains or losses. Policy compliance does not provide a benchmark to meet or exceed, but is a model to follow. The City will benchmark its portfolio performance to the appropriate “treasuries constant maturity” rate based on portfolio maturities of the investment plan. 5.0 Standard of Care 5.1 Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers, acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. The “prudent person” standard states that “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” 5.2 Ethics and Conflicts of Interest 19 City Council Packet January 11, 2011 Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Brookings. The City Investment program shall be managed in a professional and prudent manner worthy of the public trust and review. 6.0 Authority and Responsibility 6.1 Authority In accordance with the City of Brookings, the responsibility for conducting investment transactions resides with the City Manager. The Finance Manager, under the general direction of the City Manager, shall be responsible for all transactions undertaken and shall establish a system of controls to regulate activities. 6.2 Responsibility Parties shall refrain from personal business activity that could impair his/her ability to make impartial decisions. The Finance Manager acting in accordance with this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual investment’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of investments are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probably income to be derived. 7.0 Authorized Financial Dealers and Institutions 7.1 Selection Process A list of financial institutions authorized to provide investment services to the City of Brookings will be maintained. In addition, a list of broker/dealers will be maintained. This list may include both primary and regional dealers. Dealers will be approved by the Finance Manger on the following: • Credit worthiness • License to conduct business in South Dakota 20 City Council Packet January 11, 2011 • Qualification under Securities and Exchange Commission (SEC) Rule 15C3- 1 (uniform net capital rule) 7.2 Financial Institutions and Brokers/Dealers All financial institutions and broker/dealers who desire to conduct business with the City of Brookings shall supply the City with the following: • Audited financial statements, provided annually • Trading resolutions • Proof of state registration, if applicable • Copy of the broker’s license for the individuals servicing the account • Resume of individual servicing the account • Any pending legal or regulatory sanctions • Certification of having read and understood and agreeing to comply with the City of Brookings investment policy • Evidence of adequate insurance coverage 8.0 Authorized & Suitable Investments The City of Brookings is empowered by statue to invest in the following types of securities: • Interest bearing checking accounts • Savings accounts • United States Treasury bills, bonds and notes (SDCL 4-5-6) • United States Government Agencies (SDCL 4-5-6) Securities issued by government-sponsored enterprises (GSEs) or federally related institutions that are guaranteed directly or indirectly by the US Government. Securities issued by the Government National Mortgage Association (GNMA or Ginnie Mae) are an example of securities directly guaranteed by the government. Securities issued by other GSEs may be allowable. Interest bearing checking accounts • Certificates of Deposit (CDs) (SDCL 9-22(municipalities), • Certificates of Deposit (CDs) purchased through CDARS® (Certificate of Deposit Account Registry Service) (SDCL 4-5-6.1)* • Money Market Mutual Funds - open-end, no-load (SDCL 4-5-6) Mutual and money market funds that invest in US Treasury securities or securities issued by GSEs or federally related institutions that are guaranteed directly or indirectly by the US Government. • Repurchase Agreements fully collateralized by allowable securities (SDCL 4-5-6) • Local Government Investment Pool (SD FIT) When investing in Certificates of Deposit (CDs) public funds will be invested at the highest rate of interest possible. The above listed authorized deposits will be kept in banks in South Dakota 21 City Council Packet January 11, 2011 as required by SDCL 9-22-6. 9.0 Investment Pool Government sponsored investment pools are sources for short-term cash management. A thorough investigation of the pool is required prior to investing, and on a continual basis. Before investing in these pools, the following issues must be reviewed: • The pool must provide a written statement of policy and objectives. • A questionnaire should be developed that will address the following general topics: o A description of eligible investment securities, and a written statement of investment policy and objectives. o A description of interest calculations and how it is distributed, and how gains and losses are treated. o A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. o A description of who may invest in the program, how often, what size deposit and withdrawal are allowed. o A schedule for receiving statements and portfolio listings. o A description of how reserves, retained earnings, etc. are utilized by the pool. o A model of the fee schedule, and when and how it is assessed. o A description of eligibility and/or acceptance of bond proceeds. • The pool must contain only the types of investment allowed by this policy. 10.0 Safekeeing and Custody 10.1 Delivery vs. Payment All trades of marketable securities, where applicable, will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced by safekeeping receipts. 10.2 Safekeeping Securities will be held by a (centralized independent third-party custodian selected by the city as evidenced by safekeeping receipts in the City’s name as per SDCL 4-5-9. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (SAS 70). 10.3 Internal Controls The Finance Manager is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City of Brookings are protected from loss, theft, or misuse. The internal controls shall address the following points: • Control of collusion • Separation of transaction authority from accounting and recordkeeping 22 City Council Packet January 11, 2011 • Custodial safekeeping • Delivery versus payment • Clear delegation of authority • Confirmation of transactions for investments and wire transfers 11.0 Collateralization In accordance with the SDCL 4-6A and 51A-10-9 Qualified Public Depositories will furnish collateral in the sum equal to one hundred percent (100%) of the public deposit account that exceed deposit insurance. The Finance Manager will review quarterly the liability report and report of condition filed with the Office of the State Treasurer on website, www.sdtreasurer.gov to ascertain compliance by financial institutions of adequate collateral coverage. SDCL 5-6A-3 requires that collateral be segregated by each depository in such manner as approved by the South Dakota Deposit Protection Commission. Collateral may not be held in any safety deposit vault owned or controlled either by directly or indirectly by the pledging financial institution but must be deposited for safekeeping in a financial institution that is a member of the Federal Reserve. 12.0 Diversification The purpose of diversification is to reduce overall portfolio risk while attaining market rates of return and to enable the City of Brookings to meet all anticipated cash requirements. The investments shall be diversified by: • Limiting investments to avoid over-concentration in securities of a specific issuer (excluding treasury bills). • Limiting investment in securities that have higher credit risks. • Limiting certificates of deposit to the amount approved for each financial institution. • Investing in securities with varying maturities. 13.0 Maximum Maturities To the extent possible, the City of Brookings will attempt to match its investments with anticipated cash flow requirements. The City of Brookings will keep investments for duration not to exceed five (5) years 14.0 Reporting 14.1 Methods The Finance Manager shall prepare an investment report quarterly for the City Council. This report will include the following: 23 City Council Packet January 11, 2011 • List of individual securities held at the end of the reporting period further broken down by issuer, purchase date, maturity date, coupon rate, par value, and yield to maturity. 14.2 Performance Standards The portfolio is benchmarked to the applicable treasuries constant maturities rate as reported by the Federal Reserve. 15.0 Policy Control 15.1 Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy as long as it was in compliance with State of South Dakota Law and the City’s investment policy in effect at the time of purchase. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 15.2 Amendments This policy shall be reviewed to ensure consistency to overall objectives of safety, liquidity, yield, compliance to current law, and economic trends. 15.3 Requirements This investment policy is required by SDCL 4-5-8 and approved by the city council. Approved on July 24, 2000 Revised on March 26, 2001 Revised on July 27, 2004 Revised on January 25, 2011 CITY OF BROOKINGS Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 24 City Council Packet January 11, 2011 Glossary ACCRUED INTEREST: The accumulated interest payable on a security since the last interest payment made by the issuer. AGENCY: A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U. S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of a federal agency is the Government National Mortgage Association (GNMA). An example of an FSA is the Federal National Mortgage Association (FNMA). AMORTIZATION: The systematic reduction of the amount owed on a debt issue through periodic payments of principal. ASKED: The price at which securities are offered. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investment. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOOK ENTRY: An electronic system of accountability, custody, transfer, and settlement of securities. Book-entry systems allow rapid and accurate transfers of securities with simultaneous cash settlement. BOOK VALUE: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. BROKER: A broker brings buyers and sellers together for a commission. CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CDs are typically negotiable. 25 City Council Packet January 11, 2011 CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS): A program with an approved depository that removes the need for collateral by providing full FDIC insurance for certificates of deposit. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. CREDIT QUALITY: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. CREDIT RISK: The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U. S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables; term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FAIR VALUE: The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. 26 City Council Packet January 11, 2011 FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&Ls, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS (Fed Funds): Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D. C., 12 regional banks and about 5,700 commercial banks that are members of the system. FIDUCIARY: Person, company, or association holding assets in trust of a beneficiary. FUTURES CONTRACT: Agreement to buy or sell a specific amount of a commodity or financial instrument at a particular price on a stipulated future date. INVERTED YIELD CURVE: A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. INVESTMENT POLICY: A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARK-TO-MARKET: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. MARKET RISK: The risk that the value of a security will rise or decline as a result of changes in market conditions. 27 City Council Packet January 11, 2011 MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase---reverse repurchase agreement that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPTION: Right to buy or sell property that is granted in exchange for an agreed upon sum. If the right is not exercised after a specified period, the option expires and the option buyer forfeits the money. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state---the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity. 28 City Council Packet January 11, 2011 REINVESTMENT RISK: The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SPECULATION: Assumption of risk in anticipation of gain but recognizing a higher than average possibility of loss. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, and derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SWAP: Trading one asset for another. TOTAL RETURN: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends Paid) + (Capital Gains) = Total Return TREASURY BILLS: A non-interest bearing discount security issued by the U. S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities of more than ten years. TREASURY NOTES: Medium-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities from two to ten years. 29 City Council Packet January 11, 2011 VOLATILITY: A degree of fluctuation in the price and valuation of securities. WHEN ISSUED (WI): A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. YIELD CURVE: A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. YIELD-TO-CALL (YTC): The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. 30 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Proposed City Capital Assets Policy TO: Mayor and City Council Members FROM: Jeff Weldon, City Manager RE: Capital Asset Policy/Resolution No. 65-07 Attached is the Capital Asset Policy with recommended changes. This policy was adopted to provide control and accountability when managing the overall assets of the City. The policy is an essential component of the capital budgeting process. It has been determined it is necessary to provide more detail to Section 10) Capital Assets-Useful lives because same types of equipment is used in different ways and different usage which affects how long the useful life of the asset should be. I am recommending concrete roadways be reduced to 35 years versus 40 years because at 40 years a concrete roadway is falling apart. The present landfill site was put into operation in 1993 with an estimated life of 49 years. The City of Brookings has 32 years of useful left at this time. This information is necessary to determine the estimated remaining life of the excavation of cells, the leachate system, and the liners. The test wells at the landfill must be maintained 30 years beyond the remaining life of the landfill. A loader used at the landfill compared to a loader used at the street department. The landfill uses their loader in clay every day, all day long. The loader at the street department is used for multiple purposes. They use their loader for snow removal and street repairs. The hours used would be less than the landfill’s loader. The wear would be less. Another example is a grader and blade at the landfill is a piece of equipment used as support and would last longer than a grader and blade at the street department. I am recommending reducing the useful life for the sweepers at the street department from 10 years to 6 years. The street department uses the sweepers from April into November of each year every day. Even though the staff spends a half hour each day maintaining the sweeper the dust from sweeping the streets creates havoc with the bearings and gears. After 6 years the maintenance bills begin to become significant. 31 City Council Packet January 11, 2011 The hours and how a piece of equipment or vehicle is used is very important when estimating replacement. 5,000 hours of use on some types of equipment or vehicles is equal to 100,000 miles on a personal vehicle. The use of public safety vehicles are within this category. How they are used is factored into the replacement of them. The patrol vehicles are used 7 days a week, 24 hours a day. We know patrol vehicles cannot be kept more than 3 years without experiencing high maintenance cost. The video equipment’s within the vehicles is being recommended with a useful life less than other video equipment because the exposure to extreme heat, cold, and jarring from the movement of the vehicle. The school resource officer vehicle has less mileage than other police vehicles and therefore I am recommending extending the useful life from 3 years to 7 years. I am recommending extending the useful life of other police vehicles from 4 years to 8 years. The present policy is 4 years however present practice is to drive them about 8 years without high maintenance cost. The replacement of the emergency sirens is an expensive capital item. In 1999 the cost of the sirens was $68,000 in total. The estimated life of the sirens is approximately 15 years. As the city continues to grow geographically adding additional sirens will need to be planned for. There are presently 10 sirens within the city limits. The replacement of the sirens will be added to our 5 year capital improvement plan. The Z-tron operates the E-911 system within Dispatch. In 2005 the Brookings County paid for the system out of E-911 revenues in the amount of $173,726. It is estimated the Z-tron will last approximately 10 years. This item will be added to our 5 year capital improvement within the police department capital for replacement in 2015. We have a better understanding of the useful life for the assets of the Swiftel Center. I am recommending reducing the useful life for the tradeshow equipment and the portable dance floor. From experience we are finding the setting up and tearing down of this equipment reduces the life. The window treatments are deteriorating faster than anticipated due to the exposure to sun. The scrubber is used heavily and is a piece of essential equipment at the Swiftel Center therefore I am recommending shortening the replacement period. The vehicles at the Swiftel Center are used for hauling of dirt and waste. They need to be reliable but they should not be replaced at the same rate as other departments. Therefore I am recommending extending the useful life to mirror the present practice of 20 years. 32 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. Naming Rights for Municipal Facilities Pursuant to your policy work session of last fall, you discussed the need for an adopted policy governing the process and procedure for assigning names to various items of City capital assets as a means of recognizing individuals. In the past, we have had several items named by the City in recognition of individuals on an intermittent, case-by-case, determination. Naming of facilities can be in honor of persons who exemplify high ideals of the community or in recognition of significant financial or in-kind contributions to the specific asset. Examples of each include Larson Ice Center, Moriarty Park, Swiftel Center, Fishback Soccer Park, Rotary and Lions Park, Bob Sheldon Field, Chittick Gardens, Sexauer Park, etc. Naming rights should not be confused with advertising rights, which is a totally different concept. Many businesses have purchased advertising rights at the Larson Ice Center, Swiftel Center, and many outdoor athletic facilities, for example. In each of these cases, we have specific administrative procedures governing advertising rights and they differ by facility. Following your work session discussion, staff will modify this draft document and incorporate into our policy format for formal adoption at a future meeting. For purposes of initiating a discussion around adopting a formal policy on naming rights considerations, the following points are suggested: Items eligible to be named 1) Parks 2) Buildings, structures, unique monuments, and significant recreational amenities 3) Gardens and Landscaped areas 4) Trails and Pathway systems 5) Ponds or bodies of water of significance 6) Municipal streets Exclusions: Incidental items such as trees, park benches, planter boxes, picnic tables, etc. Items need to have significance worthy of a name by which it would be recognizable in the community, and be identified by its name. 50 City Council Packet January 11, 2011 Purpose 1) Recognition of a donor who financially supported the item to be named in a significant amount to the satisfaction of the Council. 2) Recognition of a non-donor who exemplified a public stewardship, purpose, commitment or other high ideals of the community in an amount worthy of being named. Process 1) Persons may nominate/suggest a person and the item to be named by completing the NOMINATION FORM and submitting it to the City. 2) If the item nominated to be named is under the policy purview of an advisory board, the City Manager shall forward the nomination to the advisory board for a recommendation to the City Council. The City Manager shall also make a recommendation. 3) In the event the item to be named is not under the policy purview of an advisory board, the City Manager shall make a recommendation to the City Council. 4) The City Council shall make a final decision on all naming rights. Recognition 1) Staff shall make the final determination of the means and methods of recognition of the named rights. (Signage, lettering, printing, etc. This shall be dependent upon, and will vary greatly, on the item to be named.) 2) Recognition shall be perpetual unless revoked by the City Council for just cause, or at the request of the namee or their family. 51 City Council Packet January 11, 2011 NAMING RIGHTS NOMINATION FORM Date: Name/address of nominating person or organization: Item proposed to be named (see attached policy for eligible items): Reason/justification for the nomination: Submit to: Office of City Clerk City of Brookings P.O. Box 270; 311 Third Avenue Brookings, SD 57006 605-682-6907 FAX FOR OFFICE USE ONLY Date Rec’d.: City Manager review: Advisory Board action (if necessary): City Council action: Action forwarded to appropriate Department for recognition: Recognition method: 52 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. City Council Member Ex-Officio Reports Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a standing agenda item at all Council Work Sessions. The Council Members that serve as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board will provide verbal reports regarding recent meetings they have attended. Brookings Municipal Utility Board: 1. Council Member Bezdichek 2. Council Member Corbett Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member McClemans 53 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 6. Joint Powers Board members’ Report Pursuant to council direction, “Joint Powers Board City Member Updates” will be a standing agenda item at all Council Work Sessions. The Council Members serving on the Joint Powers Board will provide verbal updates regarding recent meetings they have attended. Mayor Tim Reed & Council Member Kubal 54 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 7. 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 starting the issue, requested outcome, and time. A majority vote is required. 55 City Council Packet January 11, 2011 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 8. Council Invites & Obligations Date Day Event & Brief Description Time Location / Town / Address / Directions January 19 Wednesday Brookings/SDSU Day at the Capital Pierre, SD January 19-20 Wednesday- Thursday 2011 Governor’s Conference on Tourism Pierre, SD January 20 Thursday Swiftel Center’s 10th Anniversary Celebration Chamber Mixer 5-7p.m. Swiftel Center January 25 Tuesday Council Meeting 5:00 p.m. Council Chambers February 1 Tuesday Rib Dinner with your Legislator Pierre, SD February 2 Wednesday Municipal Government Day Pierre, SD February 2 Wednesday Leadership Team/Retreat 5:30 p.m. Swiftel Center February 3 Thursday City Council Goal Setting Retreat TBD Swiftel Center February 8 Tuesday Council Meeting 5:00 p.m. Council Chambers February 22 Tuesday Council Meeting 5:00 p.m. Council Chambers March 8 Tuesday Council Meeting 5:00 p.m. Council Chambers March 12-16 Saturday- Wednesday NLC Congressional City Conference Washington, DC March 21-25 Monday- Friday Board of Equalization City Hall Meeting Room March 22 Tuesday Council Meeting 5:00 p.m. Council Chambers April 5 Tuesday Council Meeting 5:00 p.m. Council Chambers April 26 Tuesday Council Meeting 5:00 p.m. Council Chambers May 10 Tuesday Council Meeting 5:00 p.m. Council Chambers May 24 Tuesday Council Meeting 5:00 p.m. Council Chambers June 14 Tuesday Council Meeting 5:00 p.m. Council Chambers June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers 56 City Council Packet January 11, 2011 57 Date Day Event & Brief Description Time Location / Town / Address / Directions July 26 Tuesday Council Meeting 5:00 p.m. Council Chambers August 9 Tuesday Council Meeting 5:00 p.m. Council Chambers August 23 Tuesday Council Meeting 5:00 p.m. Council Chambers September 13 Tuesday Council Meeting 5:00 p.m. Council Chambers September 27 Tuesday Council Meeting 5:00 p.m. Council Chambers October 4-7 Tuesday- Friday SDML Annual Conference Sioux Falls, SD October 11 Tuesday Council Meeting 5:00 p.m. Council Chambers October 25 Tuesday Council Meeting 5:00 p.m. Council Chambers November 8 Tuesday Council Meeting 5:00 p.m. Council Chambers November 8-12 Tuesday- Saturday NLC Congress of Cities Phoenix, AZ November 22 Tuesday Council Meeting 5:00 p.m. Council Chambers December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers December 20 Tuesday Council Meeting 5:00 p.m. Council Chambers City Council Packet January 11, 2011 58 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items: A. Action to approve the agenda. B. Action to approve the minutes. C. Action on appointments to Board of Health and Traffic Safety Committee. D. Action on Resolution No. 01-11, A Resolution Setting Certain Lease Rates at the Brookings Regional Airport. E. Action to abate the 2011 drainage fee for Parcel No. 40122-00100-001-00, Lot A, County Highway First Addition, located at the County Highway Shop on Western Avenue. Action: Motion to Approve, Request Public Comment, Roll Call Open Forum/Presentations/Reports: 5. Open Forum 6. SDSU Student Senate Report Contract Awards / Change Orders 7. Action to award contract for Skid Steer Loader for the Park and Recreation Dept.. Action: Motion to Approve, Request Public Comment, Roll Call Second Readings / Public Hearings 8. Ordinance No. 40-10: An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Ordinance No. 41-10: An Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 42-10: An Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Alcohol Licenses 11. Public hearing and action on Temporary Liquor License request for the Swiftel Center on February 17, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Public hearing and action on a Temporary Liquor License request for The Shamrock for an event on January 20, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Adjourn. City Council Packet January 11, 2011 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve the minutes. C. Action on appointments to Board of Health and Traffic Safety Committee. D. Action on Resolution No. 01-11, A Resolution Setting Certain Lease Rates at the Brookings Regional Airport. E. Action to abate the 2011 drainage fee for Parcel No. 40122- 00100-001-00, Lot A, County Highway First Addition, located at the County Highway Shop on Western Avenue. *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. Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 59 City Council Packet January 11, 2011 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft December 28th Brookings City Council minutes are enclosed for Council review and approval. 60 City Council Packet January 11, 2011 Brookings City Council December 28, 2010 (unapproved) The Brookings City Council held a meeting on Tuesday, December 28, 2010 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Keith Corbett, Mike McClemans, Tom Bezdichek, Mike Bartley, and Jael Thorpe. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. 6:00 P.M. REGULAR MEETING. Consent Agenda. Resolution No. 111-10 was removed from the consent agenda for separate action and “Council Topics” was added to the agenda. A motion was made by Kubal, seconded by Thorpe, to approve the consent agenda as amended: A. Action to approve the agenda as amended. B. Action to approve the December 14th City Council Meeting minutes. C. Action on appointments to various city boards, committees and commissions. Board of Adjustment: Dave Rusten, Jay Vanduch, Larry Klingbile (terms 1/1/2011-1/1/2014); Board of Appeals: Spencer Hawley (term 1/1/2011-1/1/2016); Board of Health: Dr. Merritt Warren, Jessie running, Roberta Wagner, and Bob McGrath (terms 1/1/2011-1/1/2014); Disabilities Committee: Kathy Heylens, Matt Simet, Kim Lindell (terms 1/1/2011-1/1/2014); Brookings Health Systems Board of Trustees: Julie Whaley, Al Baker (terms 1/1/2011- 1/1/2014); Brookings Transportation Board: Nancy Hartenhoff-Crooks, Robert Jones, Jeffrey Weldon (terms 1/1/2011-1/1/2014); Historic Preservation Commission: Dennis Willert, Pam Merchant, Thomas Agostini (terms 1/1/2011-1/1/2014); Human Rights Committee: Steve Bayer, George Hamer, Angela Hatton (terms 1/1/2011-1/1/2014); Library Board: Lawrence Rogers, Gloria Thvedt (terms 1/1/2011-1/1/2014); Planning Commission: Mike Cameron, Donna DeKraai, Harold Bailey, III (terms 12/31/2010-12/31/2015); Swiftel Center Advisory Committee: Teri Ronning, Rob Peterson (terms 1/1/2011-1/1/2014); Traffic Safety Committee: Tony Sonnenburg, Brian Lueders, Mike Fossum (terms 12/31/2010-12/31/2013); Visitor Promotions Committee: Didem Koroglu, Lynn Darnall, Leah Brink (terms 1/1/2011-1/1/2014). D. Action on Resolution No. 111-10, a Resolution canceling certain checks for the Brookings Municipal Liquor Store. Resolution No. 111-10 Uncollectible Checks Removed From Liquor Store Records Whereas, The Brookings Municipal Liquor Store has received a total amount of $665.01 in insufficient funds and no account checks; and Whereas, these checks and bills have been processed for collection with the States Attorney and Sheriff’s Office and have been considered uncollectible; Now, Therefore, Be It Resolved that the checks totaling $665.01 for the Liquor Store be determined as uncollectible and removed from the records. Such checks will be retained by the State’s Attorney Office to support possible subsequent collection of that debt. On the motion, all present voted yes; motion carried. 61 City Council Packet January 11, 2011 Council Topics. A motion was made by McClemans, seconded by Kubal, to review the Swiftel Center’s bonding costs, subsidy and capital improvements per year for the last 5 years. All present voted yes; motion carried. Project Report; 2010 review and 2011 preview. City Manager Weldon gave an overview of projects beyond the usual and customary maintenance and repair which were completed in 2010 and a preview of projects slated for 2011. Resolution No. 112-10. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 112-10, authorizing Change Order No. 1 (CCO#1 Final) for 2008-05STI, 32nd Avenue North Street Project (Bowes Construction, Inc.). No public comment was made. All present voted yes; motion carried. Resolution No. 112-10 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2008-05STI 32nd Avenue North Street Project-Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2008-05STI 32nd Avenue North Street Project: Construction Change Order Number 1 (Final): Adjust contract cost to add pavement removal, additional excavation, gravel and asphalt at the south end of 32nd Avenue, deduct $2,000 for swale grading and adjust the final quantities to as- built quantities for a total increase of $21,280.74 to the contract. Assess two days of liquidated damages at $100.00 per day and adjust the substantial completion date to May 15, 2009. Resolution No. 113-10. A motion was made by Kubal, seconded by Bartley, to approve Resolution No. 113-10, authorizing Change Order No. 1 for 2010-01SWR Curb & Gutter and Sidewalk Project (Owens Enterprises, Inc.). No public comment was made. All present voted yes; motion carried. Resolution No. 113-10 A Resolution Authorizing Change Order No. 1(CCO#1) For 2010-01SWR Sidewalk and Curb & Gutter Project - Owens Enterprises, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010-01SWR Sidewalk and Curb & Gutter Project: Construction Change Order Number 1: Adjust plan quantities for an increase of $502.40 for curb grinding at curb ramp locations and for an increase of $731.97 for unclassified excavation required on Railroad Street for a total increase of $1,234.37 to the contract. Resolution No. 114-10. A motion was made by McClemans, seconded by Thorpe, to approve Resolution No. 114-10, a Resolution authorizing Change Order No. 1 (CCO #1 Final) for 2010-03SSI Village Square Drainage Improvements (T&R Contracting, Inc.). No public comment was made. All present voted yes; motion carried. Resolution No. 114-10 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 62 City Council Packet January 11, 2011 2010-03SSI Village Square Drainage Improvement Project - T&R Contracting, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010-03SSI Village Square Drainage Improvement Project: Construction Change Order Number 1 (Final). Adjust contract cost to modify a sewer service from a 6” to an 8” service for an increase of $1,355.41, add ballast rock under the valley gutter due to unstable and saturated subgrade for an increase of $8,596.48, add retaining walls around two trees to reduce erosion for an increase of $1,868.75, add grading and soil preparation in a low area of the project for an increase of $155.25, add lawn seeding on the SDSU property that was disturbed by construction access for an increase of $575.00, and adjust plan quantities to as-built quantities for a total increase of $13,697.57 to the contract. Bid Award – Golf Car Lease. A motion was made by Bartley, seconded by Thorpe, to award the Golf Car Lease to Midwest Golf Cars of Sioux Falls, SD, in the amount of $103,213.44. The following bids were received on December 14, 2010: 1) E-Z Go (Elkhorn, NE), $108,056.00 for E-Z Go TXT 48, 2) NB Golf Cars (Sioux Falls, SD), $111,801.60 for Club Car 20XL, and 3) Midwest Golf Car (Sioux Falls, SD), $103,213.44 for Yamaha Drive. No public comment was made. All present voted yes; motion carried. Ordinance No. 40-10. A first reading was held on Ordinance No. 40-10: an Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Public Hearing: January 11, 2011 Ordinance No. 41-10. A first reading was held on Ordinance No. 41-10: an Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Public Hearing: January 11, 2011 Ordinance No. 42-10. A first reading was held on Ordinance No. 42-10: an Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Public Hearing: January 11, 2011 Ordinance No. 39-10. A public hearing was held on Ordinance No. 39-10: Budget Amendment #3: authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. No public comment was made. A motion was made by Bartley, seconded by Kubal, to approve Ordinance No. 39-10. All present voted yes; motion carried. Temporary Liquor License Request. A public hearing was held on a Temporary Liquor License request for the Swiftel Center for events on January 7-9, 14, 20, and 24, and February 1-2, 5, 9, 12, 19, 21, 25, and 26, 2011. A motion was made by Corbett, seconded by Kubal, to approve. No public comment was made. All present voted yes; motion carried. Temporary Liquor License Request. A public hearing was held on a Temporary Liquor License request for the VFW on January 8, 2011. A motion was made by McClemans, 63 City Council Packet January 11, 2011 seconded by Kubal, to approve. No public comment was made. All present voted yes; motion carried. Preliminary Plat. A motion was made by Bartley, seconded by Corbett, to approve a Preliminary Plat of Prairie Hills Addition in the NE ¼ of Section 2-T109N-R50W (20th Street South and Main Avenue South) contingent on a 50-foot dedicated right-of-way on the east side of Main Avenue South that is permitted to have a rear-yard pedestrian system in the residential areas in lieu of the front-yard sidewalks, and require the sidewalk or complimentary trail system along Main Avenue and the commercial parcels, and to change the name of Revel Place to Revel Circle. All present voted yes; motion carried. Adjourn. A motion was made by McClemans, seconded by Corbett, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:22 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 64 City Council Packet January 11, 2011 CONSENT AGENDA #4 C. Action on appointments to Board of Health and Traffic Safety Committee. Mayor Tim Reed has submitted the following appointment recommendations for City Council advice and consent: Board of Health Number of positions: 1 (vacancy) Term Length: 3 year Vacancies: 1 Residency Requirement: County required (2 may live outside Brookings city limits, but must reside in Brookings county) Purpose: The purpose of the Board of Health is to provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness and to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. In addition, the Board is to provide public education for the need of all phases of an integrated solid waste management system. Establish a comprehensive realistic solid waste plan for the city. Develop a financial policy that would be used for raising funds required to build and operate an integrated solid waste program. Develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Mayor’s Recommendation: Shari Landmark Traffic Safety Committee Number of positions: 1 (Street Dept Representative) Term Length: 12/31/2012 (filling vacancy)** Residency Requirement: 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. Mayor’s Recommendation: Pete Kirchhevel 65 City Council Packet January 11, 2011 CONSENT AGENDA #4 D. Action on Resolution No. 01-11, A Resolution Setting Certain Lease Rates at the Brookings Regional Airport. The Airport Board discussed the land lease rates for the Brookings Regional Airport at their December 7, 2010 Airport Board meeting. The rates have been raised over the past few years with the following history: 2007: $0.08 per square foot 2008: $0.10 per square foot 2009 & 2010: $0.11 per square foot Airport Manager Mike Wilson discussed the current lease rate with the Airport Board. Wilson indicated that $0.11 per square foot was similar to the same sized airports in the region and recommending the lease rate remains at $0.11 per square foot for 2011. The Airport Board unanimously agreed. This resolution will authorize the lease rate of $0.11 per square foot for the Brookings Regional Airport for 2011. Resolution No. 01-11 A Resolution Setting Certain Lease Rates at the Brookings Regional Airport Whereas, the City of Brookings is the owner of all land located within the Brookings Regional Airport boundaries; and Whereas, the land at the Brookings Regional Airport is available for lease by the City of Brookings; and Whereas, the City is desirous in establishing land lease rates at the Brookings Regional Airport for hangar and property usage; and Now Therefore, Be It Resolved that the land lease rate be set at $0.11 per square foot for 2011. Passed and approved this 11th day of January, 2011. CITY OF BROOKINGS ________________________ ATTEST: Tim Reed, Mayor ______________________ Shari Thornes, City Clerk 66 City Council Packet January 11, 2011 CONSENT AGENDA #4 E. Action to abate the 2011 drainage fee for Parcel No. 40122- 00100-001-00, Lot A, County Highway First Addition, located at the County Highway Shop on Western Avenue. The City of Brookings was notified by Brookings County that Parcel No. 40122-00100-001-00 had been incorrectly charged a 2011 drainage fee of $65.16. This parcel is owned by Brookings County and is located on Lot A, County Highway First Addition, which is the location of the County Highway Shop on Western Avenue. When the drainage fee ordinance was adopted in the 1980’s, the County agreed to bill the drainage fees along with the tax notices and in return for that service, the City agreed they would not charge drainage fees to county-owned property. Since Parcel No. 40122-00100-001-00 is owned by the County, the drainage fee should be $0.00. Approval of this request will authorize the abatement for the drainage fee of $65.16 from Parcel Number 40122-00100-001-00. 67 City Council Packet January 11, 2011 Brookings City Clerk Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Brookings City Ordinance, Chapter 72, Storm Drainage, establishes the annual fee for each property is assessed in the City of Brookings and payable to the County Treasurer. 72-1(b) Annual fee; basis. All real property within the city shall be charged an annual fee for the operation, maintenance, and capital improvements of the storm sewer and drainage system. The fee for each such property shall be based on the lot area, a runoff weighting factor, and a unit financial charge, and which fee is determined as follows: Storm drainage fee equals the runoff weighting factor multiplied by parcel area (in square feet) multiplied by unit financial charge (in dollars per square foot). Application: City of Brookings Year: 2011 Abatement Amount for 2011: $65.16 Address: N/A Parcel Number: 40122-00100-001-00 Legal Description: Lot A, County Highway First Addition Background: The City of Brookings has requested to abate the drainage fee for this property because it is owned by the County and the drainage fee should be zero. The correct drainage fee is as follows: 2011 drainage fee charged: $65.16 2011 drainage fee corrected: $0.00 Amount to be abated from 2009 taxes: $65.16 I hereby certify that on January 11, 2011, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated January 11, 2011, and reads as follows: “A motion was made by CM , seconded by CM , to approve an abatement request for the City of Brookings for the 2011 drainage fee in the amount of $65.16 for Parcel No. 40122-00100-001-00, also known as Lot A, County Highway First Addition”. “All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD 68 City Council Packet January 11, 2011 Open Forum / Presentations / Reports 5. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. SDSU Student Senate Report. President – Brett Monson Vice-President – Erin Kennedy Administrative Assistant – Kate Wegehaupt Finance Chair – Anthony Sutton State & Local Chair – Eric Haiar http://studentorgs.sdstate.org/studentsassociation/Default.htm 69 City Council Packet January 11, 2011 Contract Awards / Change Orders 7. Action to award contract for Skid Steer Loader for the Park and Recreation Dept. Three bids were received on December 28th. All bids met specifications. Staff recommend acceptance of the low bid from Bobcat of Brookings in the amount of $27,677.19 for a Bobcat S205. BID TAB SCHUNEMAN SKID STEER LOADER BOBCAT OF BROOKINGS TITAN EQUIPMENT COMPANY DECEMBER 28, 2010 Brookings, SD Sioux Falls, SD Brookings, SD BID SECURITY ENCLOSED $1,383.86 (5%) $1,793.25 (5%) 5% check SCHEDULE A. One 2011 Model Skid Steer Loader LUMP SUM $27,677.19 $35,865.00 $30,236.95 Model Bid Bobcat S205 Case SV185 John Deere 320D City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 70 City Council Packet January 11, 2011 Second Readings / Public Hearings 8. Ordinance No. 40-10: An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Staff periodically receives complaints from neighbors concerning the location and length of time a property’s solid waste collection container remains on the boulevard. The current ordinances are vague in addressing the length of time collection containers can remain on the boulevard. The intent of the ordinance is to allow collection containers to be placed near the curb for collection ease and then return to a suitable place for storage the remainder of the week. Containers located on the boulevard are not as well protected from the elements and are subject to tipping over from windy conditions as well as snow removal operations. The proposed language is similar to previous ordinance language which is believed to have been inadvertently omitted during ordinance recodification. Historically, research indicates such an ordinance existed in 1964 and was amended in 1980. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 71 City Council Packet January 11, 2011 Ordinance No. 40-10 An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Be it ordained by the Governing Body of the City of Brookings, South Dakota that Chapter 70, Solid Waste, of the Code of Ordinances, shall be amended as follows: Section 1. Sec. 70-107. Location of Carts Generally. The carts required by this article shall be kept in a suitable place on private premises so as to be free from rodents and animals. On the day that the garbage shall be collected from the premises, the carts shall be placed on the parkway or boulevard adjoining the premises. All garbage carts placed on the parkway or boulevard on the day of collection shall be removed the same day. In neighborhoods where garbage is collected in the alley adjoining the premises, the carts must be removed from the alley right of way the same day. No garbage truck shall be required to use any private driveway in the collection of garbage under the provisions of this article. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: January 11, 2011 Published: CITY OF BROOKINGS, SD _____________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 72 City Council Packet January 11, 2011 Second Reading / Public Hearing 9. Ordinance No. 41-10: An Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Applicant: Mike Hemmestad Proposal: Establish a blade (mostly) sharpening business in a low-density residential district. Background: This area developed in the early to mid 1960s. It has remained a single-family neighborhood over the last 50 years. Specifics: The petitioner has a sharpening room toward the back of the house and uses the garage as a repair room. I am assuming that he still uses the garage for parking purposes. The property also has a double wide driveway in front of the garage. The petitioner has stated he can meet the criteria for a major home occupation. No complaints have been received from neighbors, which is noteworthy since the applicant has operated his business for several years. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of this conditional use subject to the stipulation in the ordinance. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 73 City Council Packet January 11, 2011 Ordinance No. 41-10 An Ordinance pertaining to an application for a Conditional Use for a Major Home Occupation (metal sharpening and repair) within the City of Brookings. Be it ordained by the governing body of the City of Brookings, South Dakota: Section 1. That the said Conditional Use shall be approved for a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition with the following conditions: 1. The Conditional Use shall be granted only to Mike Hemmestad. Section 2. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: January 11, 2011 Published: CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 74 City Council Packet January 11, 2011 Planning Commission Brookings, South Dakota December 7, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on December 7, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Donna DeKraai was absent. Also present were Mike Hemmestad, John Mills, City Engineer Jackie Lanning, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson and others. Item #3 – Mick Hemmestad has submitted an application for a conditional use to establish a major home occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition. (Gustafson/Cameron) Motion to approve the conditional use. (Cameron/Kurtz) Amendment to the motion to add “to Mike Hemmestad only”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #3 – Hemmestad stated that his home business involved sharpening saw blades, mower blades, and minor repairs to small engines. He spent about 20 to 30 hours per week at the job. He added that no outside storage would occur. Gustafson had visited the site and remarked that the property was neat in appearance. He had also visited with neighbors, and they had no concerns. Kurtz concurred with Gustafson regarding the property. Heuton asked how the blades would be sharpened. Hemmestad replied that blades are hand sharpened except for the power grinding of mower blades. Fargen asked if Hemmestad met the criteria for a home occupation. Hanson responded yes. 80 City Council Packet January 11, 2011 MAJOR HOME OCCUPATION REGULATIONS 50.70.220* Home Occupations. The City of Brookings recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the City believes that the need to protect the integrity of its residential districts is the primary concern. A Zoning and Use Registration Permit and a Conditional Use Permit are the methods used to allow and regulate nonresidential activity within a residential district. The objective of these permits is to allow a limited commercial type activity in a residential district only to an extent that neighbors or passersby will not be aware of the activity by any outward appearance or may be aware of the occupation by the existence of a sign or additional traffic. It is therefore necessary to categorize home occupations as minor home occupations and major home occupations. D. Major Home Occupation. A major home occupation shall be allowed upon a premise provided the occupation complies with the following: 1. The occupation shall be conducted entirely within the principal or accessory building 2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes. 3. The occupation shall not occupy more than fifty (50) percent of the gross floor area of one story. 4. Residents of the dwelling unit and one non-resident may be employed or participate in the home occupation. 5. Signs shall be permitted according to the regulations for residential signs in the sign ordinance. 6. There shall be no exterior display, exterior storage or other exterior indication of the home occupation except for a sign. 7. No occupation shall require substantial internal or external alterations or involve construction features not customary in a dwelling unit. 8. Limited quantities of goods, products or materials associated with the home occupation shall be permitted to be stored on the premises. Storage within a garage shall not displace parking spaces required by this ordinance. 9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited. 10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interference in radio or television receivers shall be prohibited. 11. Two on-premise parking spaces, in addition to those required for the dwelling unit, shall be provided for the home occupation. 12. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products provided that limited retail sales directly related to the home occupation may be sold to clients. 13. No more than one home occupation shall be permitted within any single-family dwelling. 14. Major home occupations that attract customers, clients or other individuals to the premises for sales or services shall not be allowed in an apartment building. 81 City Council Packet January 11, 2011 Second Reading / Public Hearing 10. Ordinance No. 42-10: An Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Proposal: Create a medium-density residential district. Background: A group of residents came forward in 2009 to request a review of the dwelling unit per acre densities of the Residence R-2 District. A primary concern was the current area regulations that allowed a two- family dwelling to be established on a lot with 9,900 square feet of area and 65 feet of frontage width. Staff looked at several options including changing the area regulations of the R-2 District, modifying the uses allowed within the R-2 zone or creating a new residential district. The issue of nonconformance was a major consideration. Specifics: Creating the Residence R-1C District addressed several areas of concern. First, it maintained the base area and frontage requirements for a single-family dwelling. Second, it moved the two-family use to the conditional use category. This insured that this change of use would be subject to greater review. Lastly, it increased the minimum lot area and frontage requirements for a two-family dwelling in order to better accommodate the increase in density and on-premise parking availability. The conditional use section of the R-1C District was also reduced by eliminating a vocational or trade school, non-municipal library, museum or art gallery, and a private lake. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the amendments. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 82 City Council Packet January 11, 2011 Ordinance No. 42-10 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to the Residence R-1C District for the purposes of administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, of the Code of Ordinances, shall be amended as follows: Section 1. Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY (a) Intent. This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities such as parks, playgrounds, schools, and churches. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1C Single- Family District. (c ) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A). 2. Private school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. 3. Family day care. a. Restricted to 12 or less children at any one time. (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment (f) Density, Area, Yard and Height Regulations. The R-1C District regulations shall be as follows: Per Min Min Min Min Min Max Unit Lot Lot Front Side Rear Hgt Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Single-Family 7,500 7,500 50' 25' 7' 25' 35' 83 City Council Packet January 11, 2011 Two-Family 5,625 11,250 75' 25' 7' 25' 35' Other Allowable Uses 10,000 75' 25' 10' 25' 35' Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms (g) Accessory Uses. Accessory uses and building permitted in the R-1C District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-1C District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter (i) Sign Regulations. Signs within the R-1C District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (j) Other Regulations. Development within the R-1C District shall be in conformance with the regulations set forth in article II of this chapter Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: January 11, 2011 Published: CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 84 City Council Packet January 11, 2011 Planning Commission Brookings, South Dakota December 7, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on December 7, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Donna DeKraai was absent. Also present were Mike Hemmestad, John Mills, City Engineer Jackie Lanning, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson and others. Item #5 – The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to the creation of the Residence R-1C District. (Cameron/Heuton) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – No discussion. 86 City Council Packet January 11, 2011 Alcohol Licenses 11. Public hearing and action on a Temporary Liquor License request for the Swiftel Center on February 17, 2011. The Swiftel Center has applied for temporary liquor licenses for a dance on February 17, 2011. All documents have been filed with the City pertaining to insurance and other licensing requirements. Notice of Public Hearing On Application for Temporary Liquor Licenses NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 11, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue, City of Brookings, will meet in regular session to consider a Temporary Liquor License for the Swiftel Center on February 17, 2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application. Dated at Brookings, South Dakota, this 29th day of December, 2010. Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 89 City Council Packet January 11, 2011 Alcohol Licenses 12. Public hearing and action on Temporary Liquor License request for the Shamrock for an event on January 20, 2011. The Shamrock has applied for temporary liquor license for a dance on January 20, 2011. All documents have been filed with the City pertaining to insurance and other licensing requirements. Notice of Public Hearing On Application for Temporary Liquor Licenses NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 11, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue, City of Brookings, will meet in regular session to consider a Temporary Liquor License for The Shamrock, 1104 22nd Avenue South for a Country Dance on 1/20/2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application. Dated at Brookings, South Dakota, this 29th day of December, 2010. Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 90 City Council Packet January 11, 2011 91 13. Adjourn.