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HomeMy WebLinkAbout2011_02_08 CC PKT Brookings City Council Tuesday, February 8, 2011 City Hall Council Chambers 311 Third Avenue 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. Review of Industrial Land Policy and Tax Increment Finance District Policy 2. City Council Member Ex-Officio Reports 3. Joint Powers Board members’ Report 4. City Council member introduction of topics for future discussion* 5. 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 various volunteer appointments. D. Action on a request from Susan Scott to abate real estate taxes for a portion of 2010 in the amount of $937.00 for property located at 222 14th Ave., W 57.2’ of Lot 1, Block 2, LeGeros Addition, Parcel #40300-00200-001-00. E. Action on a request from Rosewood Mobile Home Park to abate real estate taxes for a portion of 2010 in the amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-224-40. F. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $9,728.91 for the following Parcels: 40160-00300- 001-00 / 002-00 / 003-00 / 004-00 / 005-00 / 006-05 / 007-00 / 008-05 / 008-10 (Joint City/County Building location). G. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $676.16 for the following Parcel: 04000-11049- 191.00. 1 H. Action to abate a portion of the 2011 drainage fee in the amount of $17.41 for Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South I. Action on Resolution No. 17-11 declaring surplus property: one 1989 Spartan Pumper (Engine #5), Model DS26042. 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. Open Forum/Presentations/Reports: 5. Open Forum 6. SDSU Student Senate Report 7. Update on the National Children’s Study Contract Awards / Change Orders 8. Action on Resolution No. 18-11: award bid for Firefighter Gear. Action: Motion to Approve, Request Public Comment, Roll Call 9. Action on Resolution No. 19-11: award bid for Fire Dept. Command Vehicle. Action: Motion to Approve, Request Public Comment, Roll Call 10. Action on Resolution No. 20-11: a Resolution Authorizing Change Order No. 1 for Wildlife Fence Improvement Project, AIP 3-46-0005-23-2010 Action: Motion to Approve, Request Public Comment, Roll Call Second Readings / Public Hearings 11. Public hearing and action on Resolution No. 21-11, a Resolution of Intent to lease house at 2150 Derdall Drive. 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 events on 2/11, 2/16 and 2/17/2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Discussion and possible action on recommendation from Ad Hoc Parking Committee. Action: Motion to Approve, Request Public Comment, Roll Call 14. 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 2 3 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 February 8, 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. Review of Industrial Land Policy and Tax Increment Finance District Policy. To: Mayor and City Council Members Jeff Weldon, City Manager From: Mike Struck, Community Development Director Re: Industrial Land Policy and Tax Increment Financing Policy Pursuant to Council direction, staff has enclosed the current and past policies concerning industrial land and tax increment financing. Review and discussion of existing policies should strive to achieve the overall goal of remaining competitive in the economic development environment while obtaining a return on investment for the community. 4 City Council Packet February 8, 2011 Current Policy: Resolution No. 79-04 City of Brookings, State of South Dakota Whereas, the City of Brookings is the owner of certain tracts of real estate in Telkamp Industrial Addition and in Weise Business Park that are available to be sold for private industrial or commercial development; and Whereas, it is in the best interest of the City of Brookings and that of prospective developers and others that the estimated market value of said property be determined from time to time to aid in considering the sale price thereof. Now, Therefore, Be and It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota as follows: That the estimated market value of properties located in Telkamp Industrial Addition and Weise Business Park, all in the City of Brookings, South Dakota be determined by formal appraisal or informal market evaluation periodically and prior to the actual sale of any of such property. That this resolution shall supersede any and all prior resolutions and ordinances in conflict with or inconsistent with this resolution. Passed and adopted by the City Council of the City of Brookings, South Dakota this 14th day of December 2004. Past Policy: Resolution No. 05-97 Be It Resolved, that for a period of three years the City-owned industrial land available for sale for industrial purposes shall be priced as follows: SE 1/4 Section 30-T110N-R49W (Telkamp Industrial Park) $10,000 per acre Wiese Addition Block 2, 4, 5, and 6 $10,000 per acre to ADC for AGRI-PLEX use only Block 7 $10,000 per acre Block 8 $10,000 per acre Price of land includes paved streets and utility mains and interceptor lines. Further Be It Resolved that said land shall be for sale for its zoned purposes for immediate development only. Each sale shall include a guarantee of construction that said land may be repurchased by the City for the sale amount less all costs of transfer if the planned development does not occur in the time specified in the resolution of sale. Passed and approved this 21st day of January, 1997. 5 City Council Packet February 8, 2011 Guidelines for the Use of Tax Increment Finance -City of Brookings, South Dakota- Purpose of these Guidelines: These guidelines are established to outline the City’s position governing the intended use of tax increment financing (TIF) as an economic development tool for development. These guidelines operate within the parameters of SDCL 11-9 as amended; and shall be used as a procedural framework for considering applications for its use. The fundamental purpose of tax increment financing in Brookings is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TIF. It shall further be the intent of TIF use to be for the shortest duration possible to achieve the City’s desired results for the specific project. The City reserves the right to approve or reject projects on a case-by-case basis, taking into consideration established policies, project criteria, existing ordinances, and demand on city services in relation to the potential benefits from the project. Meeting the criteria does not guarantee the award of TIF to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. Each project is unique and must stand on its own merits. Section I: Objectives governing the use of TIF The City will consider using TIF to assist private and public development projects provided Item (8) in this Section and one additional of the following public purpose objectives are satisfied. 1. To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. These jobs should be at the level sufficient to being considered a living wage/head-of-household income, and be considered primary jobs. 2. To encourage the redevelopment of deteriorated, contaminated, designated “brownfield”, or otherwise blighted real property through the investment of TIF funding; to result in an appreciably higher level of quality redevelopment and private reinvestment. 3. To stimulate economic development in Brookings by assisting projects that promote the long term economic vitality of the community; and contributes to the fulfillment of the City’s development or redevelopment objectives. 4. To stimulate increased private investment in areas that would have otherwise remained undeveloped or under-developed and which will, in the long term, provide a significant source of additional tax revenues to all taxing jurisdictions. 5. To encourage additional unsubsidized private development in the area, either directly or indirectly through “spin-off” development. 6. To stimulate the construction of safe and affordable housing units for low and moderate income residents and expand the general housing stock. (The latest available housing plan / survey, and information from South Dakota Housing Development Authority should be used as the primary guideline for determining affordability levels.) 7. To offset increased costs of redevelopment over and above the costs normally incurred in development. 6 City Council Packet February 8, 2011 8. To facilitate the development process and to achieve development on sites which would not otherwise be developed BUT FOR the use of TIF. Use of TIF shall be considered a financing means of last resort as determined by the City Council. 9. To support and assist in the implementation of the City’s Comprehensive Plan. 10. To broaden and expand the tax base to the benefit of all taxing jurisdictions. 11. To support redevelopment efforts that enhance and preserve unique urban features including but not limited to the downtown central business district, historic districts, entryway features and amenities, and public assembly areas. 12. To the extent permitted by law, tax increment proceeds may be used to finance eligible city-owned projects and improvements within the district as deemed necessary by the City Council. Section II: General guidelines governing the use of TIF 1. The City of Brookings will comply with all requirements of SDCL 11-9 as amended. The City will undertake a comprehensive analysis to ensure the proposed project satisfies the “BUT FOR” criteria. The project must demonstrate to the satisfaction of the City Council, that it is not economically feasible without the use of TIF. 2. The City of Brookings will use tax increment financing only when a clearly identified city development objective is served and only to the degree necessary to accomplish that development objective. 3. Tax increment financing will only be used in cases where the City has the financial capacity to provide the needed public assistance, the Council deems it fiscally prudent to provide such assistance, and the developer can clearly demonstrate the development will be able to meet its financial and public purpose obligation. 4. The financing method of TIF districts shall be a “pay-as-you-go” method whereby the applicant fronts the costs and will be reimbursed by the City over time as increment becomes available. The developer shall be considered the borrower under ‘pay-as-you- go” and the City shall not be liable for debt. As an alternative, the City Council may consider the issuance of bonded indebtedness through tax increment bonds only when unique circumstances determine “pay-as-you-go” is not feasible. 5. As a condition of using TIF, applicants agree to waive their right to use the discretionary formula. The discretionary formula provides a financial incentive in addition to the use of tax increment. Using the discretionary formula lessens the availability of increment needed to finance the project. 6. Only those public improvements and redevelopment costs directly associated with, or needed to service the proposed development plan or project, should be financed through tax increment proceeds. 7. The amount of increment remitted to the developer shall not exceed the amount in the approved project plan as adopted by the City Council; and shall be only for the lesser of either actual or budgeted expenditures in the approved plan. 8. The duration of the tax increment district shall be determined in the approved project plan as adopted by the City and shall terminate at such time as the sufficient increment has been generated pursuant to the approved project plan. In the event sufficient increment has not been generated by the time of the scheduled decertification of the district, the developer shall be responsible for any shortfall. 7 City Council Packet February 8, 2011 9. Tax increment expenditures shall only be made for items directly related to, and ancillary to, a bona fide public purpose or public benefit as determined exclusively by the City Council. 10. The City shall advertise for competitive bids for construction of the project, shall hold the construction contract, and shall make payments to the contractor with reimbursements from the applicant for pay-as-you-go projects, or from the bond fund for bonded indebtedness funds. The City shall not make any payments to the contractor until the applicant has made sufficient deposits to the City to cover the contractor payments for pay-as-you-go projects. 11. All development proposals should seek to maximize the amount of private investment per dollar of public assistance. Public assistance as a percentage of total development costs will be determined for each project as part of the review and compared to other development projects or subprojects of similar scope and magnitude whenever possible. 12. The City may, on a case-by-case basis, establish public purpose requirements specific to an application that must be met for the project. Such requirements shall be described in the project plan, development agreement, or other binding document between the City and the applicant, which may be in addition to the scope of applicable city ordinances or policies. Such items which may be included and if included would require performance by the Applicant may include but are not limited to: prescribed valuation of a home or building, acreage or building sizes, wages, number of jobs created/retained, building materials affecting appearance, landscaping, signage, property valuation increases, sales tax generating capacity, historic preservation, environmental improvements, transportation improvements, blight remediation, parking improvements, etc. 13. Applicant shall demonstrate to the satisfaction of the City that sufficient market demand exists for the proposed project. TIF shall not be used to support speculative projects. 14. Applicant must provide adequate financial guarantees to constitute a minimum of 10 percent equity investment cash infusion by Applicant into the overall project. Private lender financing and TIF shall not be counted toward the 10 percent equity requirement. 15. Applicant must provide adequate financial and legal guarantees to ensure completion of the project, including, but not limited to letters of credit, performance bonds, and personal guarantees. 16. For the purposes of underwriting the proposal, the applicant shall provide any requested market, financial, environmental, or other data pertaining to the proposed TIF project requested by the City or its consultants. 17. The project must be consistent with the City’s Comprehensive Plan, Zoning Ordinances, Subdivision Regulations, Land Use Plan, and any other duly-adopted master plans affected by the use of Tax Increment Financing. 18. The applicant shall adequately demonstrate, to the City’s sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the project. 19. The City may reject the use of TIF if it determines the project would place an extraordinary demand on city services or if the project that would have significant detrimental impacts on the health, safety, or general welfare of the community. 8 City Council Packet February 8, 2011 20. The City may consider amendments to either the district boundaries after a district is certified, or to the previously-adopted project plan. Amendments may be necessary to accommodate changes to desired public purpose outcomes. 21. The final interest rate and terms on the TIF Note shall be determined by the City Council and incorporated into the Development Agreement. Section III: Economic Analysis and Risk Assessment Process 1) Proposed uses of tax increment will be subject to rigorous economic analysis and risk assessment. This analysis will be conducted by the TIF Review Staff Team through their review process. The analysis may include review and assessment by consultants. (The TIF Review Staff Team shall consist of: City Manager (or designee), City Finance Officer, City Engineer, Community Development Director, Planning/Zoning Administrator, BEDC Economic Development Director.) 2) The analysis and assessment of all proposed uses of tax increment will address the following questions as part of the standard format for reports to the City Council. i. What is the public purpose of the financial assistance for this project? ii. Why is there a financial need for public investment and/or subsidy? iii. What is the total cost of the project? iv. What is the appropriate level of public participation? v. What are the risks associated with the project? vi. What are the alternative plans for managing the risk? vii. How does the proposed project finance plan compare with previously approved comparable projects? viii. What is the project’s impact on other publicly financed projects? 3) The results of the Economic Analysis and Risk Assessment will be presented to the City Planning Commission and City Council at a time consistent with the schedule provided in Section V. The report shall identify any elements of the proposed project that are not in conformance with this policy. 4) Applicants shall pay a TIF application fee as determined by City resolution as a means of cost recovery for time and resources involved with approval of a TIF project. The fee shall be due and payable as part of the application process in Section V, Step 3. The process outlined in Section V shall not proceed until this amount has been paid in full. Applicants shall pay the fees associated with the Bond Counsel and Financial Advisor who shall be retained by the City for review of the TIF project. Applicants shall pay direct costs associated with processing the TIF application including but not limited to postage, hearing notices, surveys, platting, engineering, copying, legal fees, appraisals, recording fees, etc. Such costs shall not be the responsibility of the City. 5) The City may require periodic reports on the financial and developmental performance of the TIF district during the term of the district. Section IV: Eligible costs of tax increment revenue 9 City Council Packet February 8, 2011 The City reserves the right to further restrict eligible costs as enumerated in state law in this section as well as for each TIF project. Private buildings, structures, utilities or other private use improvements are not eligible for TIF assistance. Development costs that are eligible for reimbursement with tax increment revenues are listed below. • Property acquisition • Elimination of slum and blighted conditions on property/land clearance • Soils corrections • Site preparation/clearing and grading of land • Removal of hazardous wastes or remediation of site contamination • Construction of capital public improvements such as: Streets Curb and gutter Storm drainage utilities/ponds Wastewater utilities Water utilities Sidewalks/trails/pathways Landscaping improvements Signage & traffic controls Lighting Public parking lots • Organizational costs • Capitalized interest/finance charges • Professional service costs • Imputed administrative costs • Relocation costs • Other costs permitted by state law as may be prescribed in the TIF project plan. Section V: Tax Increment Finance application and approval process Each step must be approved before the project can move to the next step. The project shall be terminated for failure to meet the requirements of each step unless each step is satisfactorily completed or the step is modified to the satisfaction of the City in order to advance to the next step. 1) Applicant submits pre-application for TIF project to Community Development Director. 2) City Council reviews pre-application to assess viability/feasibility of project. 3) Applicant submits full application, including application fee, to Community Development Director. 4) TIF Review Team undertakes review of the application and project. 5) Project Plan is written by Review Team, Bond Counsel, & Financial Advisor. 6) Notices of a Public Hearing before Planning Commission are distributed. 7) Planning Commission holds public hearing; approves the district boundaries and project plan. 8) TIF Review Team develops Development Agreement. 9) City Council approves district boundaries and Project Plan. 10) City Engineer and Community Development Director give final approval of development plans. 11) City Council approves Development Agreement. 12) City advertises for bidders for the construction of the project. 13) City staff holds bid opening, City Council awards contract for construction. 14) City Engineer gives contractor notice to proceed with construction. 10 City Council Packet February 8, 2011 15) City forwards appropriate records to Dept. of Revenue and County Officers. 16) Review/evaluation of project performance. NOTE: In the event the TIF Review Team rejects the project in Step 4, the applicant may appeal to the City Council. The TIF Review Team shall provide the applicant a list of deficiencies as justification for any rejection of the project. Estimated Time: 45 minutes 11 City Council Packet February 8, 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. 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 12 City Council Packet February 8, 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. Joint Powers Board Council Member’s 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 13 City Council Packet February 8, 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. City Council member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time frame. A majority vote is required. 14 City Council Packet February 8, 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. Council Invites & Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions 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 April 26-27 Tuesday- Wednesday Governor’s Economic Development Conference Best Western Ramkota – Sioux Falls 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 18-26 Friday- Saturday Open World Leadership Center – Russian Delegates in Brookings June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers 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 15 City Council Packet February 8, 2011 16 Date Day Event & Brief Description Time Location / Town / Address / Directions 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 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 various volunteer appointments. D. Action on a request from Susan Scott to abate real estate taxes for a portion of 2010 in the amount of $937.00 for property located at 222 14th Ave., W 57.2’ of Lot 1, Block 2, LeGeros Addition, Parcel #40300-00200-001-00. E. Action on a request from Rosewood Mobile Home Park to abate real estate taxes for a portion of 2010 in the amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-224-40. F. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $9,728.91 for the following Parcels: 40160-00300-001-00 / 002-00 / 003-00 / 004-00 / 005-00 / 006-05 / 007-00 / 008-05 / 008-10 (Joint City/County Building location). G. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $676.16 for the following Parcel: 04000-11049-191.00. H. Action to abate a portion of the 2011 Drainage Fee in the amount of $17.41 for Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South. I. Action on Resolution No. 17-11 declaring surplus property: one 1989 Spartan Pumper (Engine #5), Model DS26042. Action: Motion to Approve, Request Public Comment, Roll Call Open Forum/Presentations/Reports: 5. Open Forum 6. SDSU Student Senate Report 7. Update on the National Children’s Study Contract Awards / Change Orders 8. Action on Resolution No. 18-11: award bid for Firefighter Gear. Action: Motion to Approve, Request Public Comment, Roll Call 9. Action on Resolution No. 19-11: award bid for Fire Dept. Command Vehicle. Action: Motion to Approve, Request Public Comment, Roll Call 10. Action on Resolution No. 20-11: a Resolution Authorizing Change Order No. 1 for Wildlife Fence Improvement Project, AIP 3-46-0005-23-2010 Action: Motion to Approve, Request Public Comment, Roll Call Second Readings / Public Hearings 11. Public hearing and action on Resolution No. 21-11, a Resolution of Intent to lease house at 2150 Derdall Drive. 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 events on 2/11, 2/16 and 2/17/2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Discussion and possible action on recommendation from Ad Hoc Parking Committee. Action: Motion to Approve, Request Public Comment, Roll Call 14. Adjourn. 17 City Council Packet February 8, 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 various volunteer appointments. D. Action on a request from Susan Scott to abate real estate taxes for a portion of 2010 in the amount of $937.00 for property located at 222 14th Ave., W 57.2’ of Lot 1, Block 2, LeGeros Addition, Parcel #40300- 00200-001-00. E. Action on a request from Rosewood Mobile Home Park to abate real estate taxes for a portion of 2010 in the amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-224-40. F. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $9,728.91 for the following Parcels: 40160-00300-001-00 / 002-00 / 003-00 / 004-00 / 005- 00 / 006-05 / 007-00 / 008-05 / 008-10 (Joint City/County Building location). G. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $676.16 for the following Parcel: 04000-11049-191.00. H. Action to abate a portion of the 2011 drainage fee in the amount of $17.41 for Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South I. Action on Resolution No. 17-11 declaring surplus property: one 1989 Spartan Pumper (Engine #5), Model DS26042. *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 18 City Council Packet February 8, 2011 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft January 25th Brookings City Council minutes are enclosed for Council review and approval. 19 City Council Packet February 8, 2011 Brookings City Council January 25, 2011 (unapproved) The Brookings City Council held a meeting on Tuesday, January 25, 2011 at 5:00 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. Brookings Municipal Utilities Funds Overview. Steve Meyer, Executive Vice-President / General Manager of Brookings Municipal Utilities, provided the City Council with an overview of all Utilities funds. Joint Powers Board Update. The design development budget has been completed. The project manager has developed a schedule for bid package one including a pre-bid meeting. 6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Kubal, seconded by Bartley, to approve the consent agenda: A. Action to approve the agenda. B. Action to approve the January 11, 2011 City Council Meeting minutes. C. Action on a request from Mt. Calvary Lutheran Church to abate real estate taxes for a portion of 2010 in the amount of $1,143.90 for property located at S 100’ Lots 6-7, Block 2, Morehouse Addition, Parcel #40365-00200-006.00 D. Action on a request from SDSU to abate real estate taxes for a portion of 2010 in the amount of $1,011.00 for property located at W 35’ of Lots 1-2-3, Block 1, Wheatons Addition, Parcel #40665-00100-001-00. E. Action on Resolution No. 02-11, declaring surplus property: one 1990 SnoGo MP-3D Snow Blower, Serial Number 3450. Resolution No. 02-11- Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: one (1) 1990 SnoGo MP-3D Snow Blower, Serial Number 3450 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise the value of the property; Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. F. Action on Resolution No. 03-11, declaring surplus property: one 1994 Caterpillar 140G Motorgrader, Serial Number 08Z81984, one Snow Wing, Serial Number 14004C2. Resolution No. 03-11 - Declaring Surplus Property 20 City Council Packet February 8, 2011 Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: one (1) 1994 Caterpillar 140G Motorgrader, Serial Number 08Z81984, and one (1) Snow Wing, Serial Number 14004C2. Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise the value of the property; Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. G. Action on Resolution No. 04-11, a Resolution designating Mayor as Certifying Officer for ICAP Self-Help Homeownership Opportunity Program. Resolution No. 04-11 Resolution Designating Mayor as Certifying Officer for ICAP Self-Help Homeownership Opportunity Program Whereas, the Inter-Lakes Community Action Partnership (ICAP) expects to utilize US Department of Housing and Urban Development Self-Help Homeownership Opportunity Program (SHOP) funds to assist with the purchase of land for housing development purposes; and Whereas, the City of Brookings is required to designate an environmental certifying officer for the purpose of signing required environmental documents pertaining to this grant program; Now, Therefore, Be It Resolved, that the Mayor be hereby designated as the city's official for the purpose of signing environmental correspondence and other required documents and forms for said project. On the motion, all present voted yes; motion carried. Presentation of the annual Dr. Martin Luther King, Jr. Day Awards. In celebration of Dr. King’s birthday, the Brookings Human Rights Committee sponsored a poster contest for elementary students and an essay contest for middle school and high school grades to help students reflect on Dr. King’s ideas and their impact on the community. This year’s theme for the poster contest was “Bring Your Dreams” and the theme for the essay contest was “A Right Delayed is a Right Denied.” Winners were: Grades K-1 Poster: Anthony Hildebrandt, 1st Place, Christopher Gross, Jr., 2nd Place, Autumn Linde, Honorable Mention. Grades 2-3 Poster: Johanna Miller, 1st Place, Ayden Ellis, 2nd Place, Lyndsey Way, Honorable Mention. Grades 4-5 Poster: Bridget Knudtson, 1st Place, Maret Otterson, 2nd Place, Grace Eggebrecht, Honorable Mention. Grades 4-5 Essay: Aarushi Rohila, 1st Place, Andrea Hult, 21 City Council Packet February 8, 2011 Honorable Mention. Middle School Essay: Joe Kavanagh, 1st Place, Chase Hunter, 2nd Place. High School Essay: Zarin Rahman, 1st Place, Sarah He, 2nd Place, Abbie Sell, 3rd Place. Swiftel Center Financial Reports. Reports were provided to the council providing the Swiftel Center’s bonding costs, subsidies and capital improvements per year over the past five years. Resolution No. 05-11: Bid Award. Bids were received for a Landfill Skid Steer Loader on January 18, 2011. A motion was made by Kubal, seconded by Thorpe, to award the contract for the Landfill Skid Steer Loader to Bobcat of Brookings. All present voted yes; motion carried. Resolution No. 05-11 Resolution Awarding Bids: Landfill Skid Steer Loader Whereas, the City of Brookings has received the following bid(s) for one (1) 2011 Skid Steer Loader: 1) Bobcat of Brookings for the amount of $41,266.14, and 2) Titan Machinery Inc. for the amount of $42,356.00. Now Therefore, Be it Resolved that the low bid from Bobcat of Brookings, in the amount of $41,266.14 be accepted. Resolution No. 06-11: Bid Award. Bids were received for an automated garbage truck on January 18, 2011. A motion was made by Bartley, seconded by McClemans, to award the contract for an Automated Garbage Truck to Sanitation Products. All present voted yes; motion carried. Resolution No. 06-11 Resolution Awarding Bids: Automated Garbage Truck Whereas, the City of Brookings has received the following bid(s) for one (1) 2011Automated garbage Truck: Elliott Sanitation in the amount of $235,000.00, with a trade-in allowance of $32,000.00 resulting in a total cost of $203,000.00, and 2) Sanitation Products, Inc. in the amount of $235,401.00, with a trade-in allowance of $20,000.00 resulting in a cost of $215,401.00. Now Therefore, Be it Resolved that the bid from Sanitation Products, Inc. in the amount of $215,401.00 be accepted. Resolution No. 10-11. A motion was made by Thorpe, seconded by Bartley, to approve Resolution No. 10-11, authorizing Change Order No. 2 (CCO#2) for 2009-05STI, SDSU Innovation Campus Infrastructure Project, Phase 2, Bowes Construction, Inc. All present voted yes; motion carried. Resolution No. 10-11 A Resolution Authorizing Change Order No. 2 (CCO#2) for 2009-05STI SDSU Innovation Campus Infrastructure – Phase II Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2009-05STI SDSU Innovation Campus Infrastructure – Phase II: Construction Change Order Number 2 22 City Council Packet February 8, 2011 Adjust contract cost for additional costs for plugging four existing wells, adding drain tile near the round-about and additional grading work to breach a dike in the northeast section of the site and extending the contract by 2.0 working days for the additional work and to adjust bid quantities to as-built quantities for a total decrease of $37,330.86 to the contract. Adjust contract completion date by 2.0 working days for the additional work which will adjust the final completion date to May 15, 2011. Resolution No. 11-11. A public hearing was held on Resolution No. 11-11, a Resolution of intent to lease real property to Foundation Seed Stocks for one year (the designated farmland in the Brookings Wiese Addition, thirty (30) acres more or less in Section 19, T110N, R49W, and the designated farmland in the Brookings Freeland Addition, thirty-eight (38) acres more or less in Section 18, T110N, R49W). No public comment was made. A motion was made by Bartley, seconded by Thorpe, to approve Resolution No. 11-11. All present voted yes; except Corbett abstained, motion carried. Resolution No. 11-11 - Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Foundation Seed Stocks for a period of one (1) year, commencing on March 9, 2011 and ending March 8, 2012, and pertaining to the following described property: The designated farmland in the Brookings Wiese Addition, thirty (30) acres more or less in Section 19, T110N, R49W, and the designated farmland in the Brookings Freeland Addition, thirty-eight (38) acres more or less in Section 18, T110N, R49W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Five Dollars ($105.00) per acre for farmland annually, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on January 25, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 12-11. A public hearing was held on Resolution No. 12-11, a Resolution of intent to lease real property to Harrison Thompson (Lot 1 of Block 3 of the Replat of Blocks 3 and 4 of Airport Hangar Area Addition Number One, NW ¼ of the SW¼, Section 26, T110N- R50W). No public comment was made. A motion was made by McClemans, seconded by Kubal, to approve Resolution No. 12-11. All present voted yes; motion carried. Resolution No. 12-11- Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with HARRISON THOMPSON for a period of five (5) years, commencing on January 1, 2011 and ending January 1, 2016 and pertaining to the following described property: Lot 1 of Block 3 of the Replat of Blocks 3 and 4 of Airport Hangar 23 City Council Packet February 8, 2011 Area Addition Number One, NW ¼ of the SW¼, Section 26, T110N-R50W, City of Brookings, South Dakota. The Lease will be an amount of five hundred eighty dollars and eighty cents ($580.80) payable by the last day of January. The City of Brookings may terminate this Lease at any time Be It Further Noted, that a Public Hearing on this Resolution was held on January 25, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 13-11. A public hearing was held on Resolution No. 13-11, a Resolution of intent to lease real property to Paul Moriarty (all of Lot 1, Block 5, of Airport Hangar Addition Number One, and a parcel being 20’ wide by 100’ long situated on the northeast side of said Lot 1 in Section 26 and Section 27, T110N-R50W). No public comment was made. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 13-11. All present voted yes; motion carried. Resolution No. 13-11 Resolution of Intent to Lease Real Property to Private Person Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with PAUL MORIARTY for a period of five (5) years, commencing on January 1, 2011 and ending January 1, 2016 and pertaining to the following described property: All of Lot 1, Block 5, of Airport Hangar Addition Number One, and a parcel being 20’ wide by 100’ long situated on the northeast side of said Lot 1 in Section 26 and Section 27, T110N-R50W, City of Brookings, South Dakota. The Lease will be an amount of eight hundred thirty-six dollars ($836.00), which is $0.11 per square foot, payable by the last day of January, 2011. The lease amount may be adjusted by the Brookings City Council each year and the payment will be payable by the last working day of January of each year. The City of Brookings may terminate this Lease with a notice of 60 days to the lessee. Be It Further Noted, that a Public Hearing on this Resolution was held on January 25, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 14-11. A public hearing was held on Resolution No. 14-11, a Resolution of intent to lease real property to South Dakota State University (Lot Z of Block 5 of Airport Hangar Area Addition Number One and a 540 square foot parcel situated on the west side of Lot Z in the NW ¼ of the SW¼, Section 26, T110N-R50W). No public comment was made. A motion was made by Thorpe, seconded by Bezdichek, to approve Resolution No. 14-11. All present voted yes; except Corbett abstained, motion carried. Resolution No. 14-11- Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with SDSU for a period of five (5) years, commencing on January 1, 2011 and ending December 31, 2015 and pertaining to the following described 24 City Council Packet February 8, 2011 property: Lot Z of Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel situated on the west side of Lot Z, in the NW¼ of the SW¼ Section 26-T110-R50W, City of Brookings, South Dakota. The Lease will be an amount of five hundred eighty-seven dollars and forty cents ($587.40), which is $0.11 per square foot, payable by the last day of January, 2011. The lease amount may be adjusted by the Brookings City Council each year and the payment will be payable by the last working day of January of each year. The City of Brookings may terminate this Lease with a notice of 60 days to the lessee. Be It Further Noted, that a Public Hearing on this Resolution was held on January 25, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 15-11. A public hearing was held on Resolution No. 15-11, a Resolution of intent to lease real property to Advance (a designated parking lot of approximately 15,300 square feet in size, located on Brookings Airport property and adjacent to Division Avenue, in Section 27, T110N, R50W). No public comment was made. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 15-11. All present voted yes; motion carried. Resolution No. 15-11 - Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with ADVANCE for a period of five (5) years, commencing on January 1, 2011 and ending January 1, 2016 and pertaining to the following described property: The designated parking lot of approximately 15,300 square feet in size, located on Brookings Airport property and adjacent to Division Avenue in Section 27-T110N- R50W in the City of Brookings, South Dakota The Lease will be an amount of One thousand, six hundred eight-three dollars ($1,683.00) for 2011, which is $0.11 per square foot, payable by the last day of January, 2011. The lease amount may be adjusted by the Brookings City Council each year and the payment will be payable by the last working day of January of each year. The City of Brookings may terminate this Lease with a notice of 60 days to the lessee. Be It Further Noted, that a Public Hearing on this Resolution was held on January 25, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Off-Sale Malt License – Fireside Restaurant & Lounge. A public hearing was held on an Off-Sale Malt License for the Fireside Restaurant & Lounge, 2515 E. 6th Street, Judy Faber, owner. No public comment was made. A motion was made by McClemans, seconded by Bartley, to approve. All present voted yes; motion carried. 25 City Council Packet February 8, 2011 Resolution No. 07-11. A motion was made by Kubal, seconded by Bartley, to approve Resolution No. 07-11, an amendment to the City of Brookings Investment Policy. All present voted yes; motion carried. Resolution No. 07-11 City of Brookings Investment Policy Objective: 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. Policy: City of Brookings Investment Policy 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 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 26 City Council Packet February 8, 2011 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 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. 27 City Council Packet February 8, 2011 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 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. 28 City Council Packet February 8, 2011 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 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 form 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, 29 City Council Packet February 8, 2011 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 • 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 30 City Council Packet February 8, 2011 (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 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: ƒ A description of eligible investment securities, and a written statement of investment policy and objectives. ƒ A description of interest calculations and how it is distributed, and how gains and losses are treated. ƒ A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. ƒ A description of who may invest in the program, how often, what size deposit and withdrawal are allowed. ƒ A schedule for receiving statements and portfolio listings. ƒ A description of how reserves, retained earnings, etc. are utilized by the pool. ƒ A model of the fee schedule, and when and how it is assessed. ƒ 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 Safekeeping 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 31 City Council Packet February 8, 2011 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 • 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 32 City Council Packet February 8, 2011 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: • 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 Resolution No. 08-11. A motion was made by Corbett, seconded by McClemans, to approve Resolution No. 08-11, an amendment to the City of Brookings Capital Assets Policy. All present voted yes; motion carried. Resolution No. 08-11 City of Brookings Capital Asset Policy Objective: Whereas, the City of Brookings is required to be accountable for all property under its control. 33 City Council Packet February 8, 2011 Whereas, it is necessary to provide a standard method of maintaining records for the cities owned capital that city departments must follow. Now, Therefore, Be It Resolved the following Capital Assets Policy be adopted to provide control and accountability over all city capital assets. Purpose: The purpose of this capital asset policy to: 1) to provide control and accountability over capital assets, 2) to provide uniform procedures for furnishing information needed for effective analysis and control of capital expenditures, and 3) to provide a data base of inventory information to meet the reporting needs for the preparation of the Cities financial statements. The Benefits of Inventory System: 1. Property control and accountability through a comprehensive citywide inventory system. 2. Improved equipment utilization through control and identification of capital assets. 3. Database to meet the GAAP, Federal grants and City of Brookings requirements. 4. Data base to meet requirements of proper risk management and provide basis for identifying equipment for the City’s insurance. 5. Basis for management to project and budget future capital replacement requirements. The Finance Department is required to: 1. Establish a Generally Accepted Accounting Principles (GAAP) based accounting system and procedures to ensure the cities assets, including capital assets, are properly accounted for. 2. To provide a standard method of maintaining records for the cities owned equipment that city departments must follow. 3. To provide for the maintenance of an inventory of city owned or controlled land resources by the City. Policies differ in cases of absolute title and residual title. 1. When an external entity, such as the federal government retains residual title to a capital asset it will be included in the capital asset inventory (title remains at the disposal of the governmental authority after a delegation). 2. This includes capital on lease or long-term loan. 3. Temporary custodial responsibility or title shall not be considered absolute and should not be included as the cities capital asset. Component units of the city must designate, in writing, one or more persons to be responsible for maintaining and safeguarding the component unit’s capital assets. The component unit is responsible for developing internal policies and procedures to protect and control the use of all capital assets. Capital projects will be tracked within a work in progress number assigned by the Finance Department. At the completion of the project the department in charge will: 34 City Council Packet February 8, 2011 a) Break down the project into the proper categories to be added into the capital assets inventory. b) The Finance Office enters the above information in the Capital Assets Management System. 1) General Guidelines/Applicable Policies The City of Brookings requires all departments to be accountable for all property under its control. a) In accordance with state and federal guidelines, the current threshold for which an inventory of capital assets is maintained is $5,000 unless conditions of a grant require a lower threshold or assets of less value are subject to high rate of theft. b) The enterprise funds will continue to depreciate equipment purchased prior to 2003 in the same manner as previous to this policy until the equipment is fully depreciated. c) The City’s Departments responsibilities are to be accountable for all property under its control. 2) Department Responsibilities The departments have an important role in the maintenance of an accurate, up-to-date inventory system. Adherence to the following guidelines helps to ensure that departmental inventory records are as accurate and complete as possible. a) Entering correct information on purchases through the Accounts Payable (AP) system. Most of the data recorded on the Capital Assets system is taken directly from the vouchers. Correct coding by departments avoids the need for later corrections. b) Proper coding of capital assets expenditures. Equipment purchases must be coded with a “5” and “900” expenditure object. Use of an object code outside the 5-900 ranges increases the possibility that the asset will be omitted from the CAP system. c) Entering correct asset location, serial numbers, make, etc on voucher saves considerable time and effort. 3) Capital Assets-Additions This statement explains the procedures for the addition of assets to the Capital Assets Management System. a) All capital equipment, regardless of whether the items are loaned to or owned by the City, must be included on the Capital Assets Management System. Additions of capital assets are generated by accounts payable, donations to the City, or equipment loans or private sources. b) The Finance Office is provided with copies and documents relating to the equipment purchases. (i.e. cost, fair market value, serial numbers, model numbers, building/room location of assets) c) The Finance Office enters the above information in the Capital Assets Management System. 4) Capital Assets-Retirement a) Property unfit for use by reason of age, wear, tear, or otherwise and is beyond repair will be determined by City Manager. A note shall be given to the Finance Office to be 35 City Council Packet February 8, 2011 entered into the Capital Assets Management System for that year of the condemnation of such property. b) Auctions or sealed bids for sale of unfit property is required. The property described on page 2 in 4 a) shall be sold only for cash at public auction or upon opening of sealed bids (1) The notice of the sale shall be published in the newspaper stating the following: • A day on which the sale is to be made (at least fifteen days after first publication) • Location where such auction will be held, or a place where offers or bids will be received (which day shall be at least fifteen days from the first publication of the notice). • The right to reject any or all bids shall be reserved. c) All money derived from the sale of public personal property shall be deposited to the City. d) Record retention. Departments should retain copies of surplus property forms, assets transfer form, stolen property reports and any other documentation regarding equipment dispositions. The information must be retained by the department for verification purposes until the Finance Office removes the item from the department’s inventory. Lost or destroyed property is to be noted in the inventory. An item is considered stolen when it has been illegally removed from its designated location. Send the Finance Office a copy of the stolen property report. 5) Capital Assets-Transfers This statement explains the procedures for the transfer of assets in the Capital Assets Management System. Transfers are recorded on the City’s inventory when there is a permanent change in asset location or physical custody. (i.e. from one department to another). If the equipment is temporarily loaned or relocated and the intention is to reclaim the item in the near future, the asset record need not be changed a) The physical custody of equipment is the responsibility of the department. All transfer data submitted to Finance Office must be accurate in order to ensure the reliability of the City’s inventory. b) Fill out the Equipment Transfer Disposition Request Form showing the old location and the new location. The form must be signed and dated by department head for the new location. 6) Capital Assets-Home Use of Equipment This statement explains the procedures for notifying the Finance Office of equipment being used at home by management and staff. City management and staff may use equipment that is the property of the City at home, provided the following criteria are met: a) Use of the equipment at home will not interfere with the operational needs of the department. b) The appropriate department head approves home use. c) The equipment is used for City business only. 36 City Council Packet February 8, 2011 d) Individuals who receive approval to remove equipment from the City for use at home for a period greater than 30 days should complete the Equipment Tracking Home Use Authorization Form. This form must be completed on any piece of equipment that is taken home regardless of the cost of the equipment or whether the asset is tagged. e) The first half of the form should be filled out when an employee is approved to use City equipment in his or her home for a period greater than 30 days. The original should be kept in the department’s files and a copy should be given to the employee. Once the equipment has returned to the City, the department should complete the bottom half of the original form that was retained in the departmental files. f) If the use of City equipment is less than 30days, then department should keep an internal record of equipment that has been approved for use off city property. The list should include a description of the equipment, the asset number, serial number, and the individuals name using the equipment, where the equipment is being used and the expected return date. 7) Capital Assets-Storage of Equipment on Privately Owned/Leased Premises This statement explains the procedures for requesting storage of assets at off-city locations that are privately owned or leased to the City. a) In order to maintain accurate inventory records and comply with asset control procedures, the Finance Office must be aware of approved storage of equipment at off- city locations. City personnel should anticipate storage needs in advance in order to obtain the proper approvals before removing the assets from the City. b) Fill out a request storage of assets at locations that are privately owned or leased to the City. The form must be signed by the City Manager and the Department Head and forwarded to the Finance Office. 8) Capital Assets-Gifts-in-kind This statement explains the procedures for reporting equipment and other assets donated to the City. a) All capital assets that are donated to the City must be included in the Capital Assets System inventory. It is the responsibility of each department head to notify the Finance Office when equipment and other assets are donated to the City. b) When donated items are received by departments, the pertinent sections of the Notification of Gift For must be completed and forwarded to the Finance Office. The Finance Office will record the information on its Capital Assets System. 9) Capital Assets-Annual Equipment Inventory This statement provides policies and procedures relating to the annual physical inventory of capital assets conducted by departments. a) State regulations require the City to take an annual equipment inventory. Each department is responsible for verifying information about its own inventory and making all changes and corrections and forwarding them to the Finance Office. b) The Finance Office distributes annual inventory reports and instructions to departments in December of each year. All inventory reports are due back to Finance by January 11th. 37 City Council Packet February 8, 2011 c) All changes and corrections should be made directly on the inventory printout. The department should keep a copy and send the original of the completed printout to the Finance Department. d) Use the departmental inventory printout to conduct a room-by-room equipment verification. Please verify all information on the report. 10) Capital Assets-Useful lives a) Depreciation is the systematic and rational allocation of the historical cost of a capital asset over its estimated useful service life. The estimated useful service life as listed will be for assets added in the year of 2011 and future years. (1) Buildings/Permanent structures 50 years (2) Buildings/Permanent structures/wood/pole 25 years (3) Buildings/Permanent structures/steel 35 years (4) Buildings/Portable structures 25 years (5) Buildings/Excavation 50 years (6) Buildings/Foundation 50 years (7) Buildings/Frame/masonry 50 years (8) Buildings/Frame/wood or pole 25 years (9) Buildings/Frame/steel 35 years (10) Buildings/Floor structure 50 years (11) Buildings/Floor covering 15 years (12) Buildings/Carpeting 10 years (13) Buildings/Computer flooring 10 years (14) Buildings/Exterior walls/masonry 50 years (15) Buildings/Exterior walls/wood or pole 25 years (16) Buildings/Exterior walls/steel 35 years (17) Buildings/Roof cover 15 years (18) Buildings/Roof cover/EDPM 20 years (19) Buildings/Interior construction 15 years (20) Buildings/Interior renovation 10 years (21) Buildings/Ceiling finish 10 years (22) Buildings/Plumbing 20 years (23) Buildings/HVAC 20 years (24) Buildings/Electrical/masonry 15 years (25) Buildings/Electrical/wood or pole 25 years (26) Buildings/Electrical/steel 35 years (27) Buildings/Elevator 20 years (28) Roadways/Dirt 10 years (29) Roadways/Gravel 15 years (30) Roadways/Concrete 35 years (31) Roadways/Asphaltic Concrete 30 years (32) Roadways/Brick or Stone 50 years (33) Alleys/Concrete 40 years (34) Alleys/Asphaltic Concrete 25 years (35) Alleys/Dirt 10 years 38 City Council Packet February 8, 2011 (36) Alleys/Gravel 15 years (37) Alleys/Brick or Stone 50 years (38) Sidewalks/Concrete 30 years (39) Sidewalks/Asphalt 25 years (40) Sidewalks/Gravel 10 years (41) Sidewalks/Brick or Stone 45 years (42) Parking Lots/Concrete 35 years (43) Parking Lots/Asphalt 20 years (44) Parking Lots/Gravel 10 years (45) Parking Lots/Brick or Stone 45 years (46) Airport Runways 30 years (47) Bridges/Continuous Concrete 50 years (48) Bridges/Prestressed Concrete 45 years (49) Bridges/Steel with Truss 50 years (50) Bridges/Steel Without Truss 45 years (51) Bridges/Timber/wood 30 years (52) Bridges/Pedestrian/Steel 30 years (53) Bridges/Pedestrian/Concrete 30 years (54) Bridges/Pedestrian/Wood 25 years (55) Major Culverts/Concrete 40 years (i) Precast box, precast elliptical Cast in place (56) Major Culverts/Concrete pre stress 40 years (57) Major Culverts/Timber log treated 30 years (58) Major Culverts/Steel 30 years (i) Corrugated round, Corrugated Bottomless arch (59) Small Culverts/Plastic 25 years (60) Small Culverts/Cast Iron 30 years (61) Small Culverts/Metal corrugated 30 years (62) Small Culverts/Concrete 50 years (63) Storm Drains/Plastic 25 years (64) Storm Drains/Cast Iron 30 years (65) Storm Drains/Metal Corrugated 30 years (66) Storm Drains/Concrete 40 years (67) Storm Drains/Ditch/Trench 100 years (68) Moveable Equipment (i) Athletic equipment 10 years (ii) Audio visual equipment 7 years (iii) Books 7 years (iv) Multi-media materials 7 years (v) Business machines 7 years (vi) Contractors/construction equipment 12 years (vii) Furniture 20 years (viii) Machinery and tools 15 years (ix) Outdoors recreational equipment 15 years 39 City Council Packet February 8, 2011 (x) Stage and auditorium equipment 20 years (xi) Custodial equipment 15 years (xii) Photocopiers 5 years (xiii) Sculptures/Wood 20 years (xiv) Sculptures/Stone 30 years Capital assets by department SOLID WASTE LANDFILL AND COLLECTION Landfill – Excavation of Cells (estimated # of years to fill excavation) Landfill – Leachate System (estimated life of landfill) Landfill – Liners (estimated life of landfill) Landfill – Test Wells (estimated life of landfill plus 30 years) Landfill large crawler loader 5 years Landfill large compactor 5 years Landfill large wheel loader 5 years Landfill small wheel loader 10 years Landfill blade 15 years Landfill grader 15 years Landfill pickups 10 years Landfill trucks 12 years Landfill tractors 10 years Collection-Garbage truck – rear loader 10 years Collection-Garbage truck – automated loader 8 years STREET DEPARTMENT Pickup 10 years Pickup for special use 20 years Tandem Trucks 12 years Skidsteer 10 years Loader 12 years Backhoe 20 years Street Sweeper 6 years Snow Blower 12 years Grader 12 years Blade 12 years Air compressor 15 years Fuel computerized system 15 years Underground tanks 30 years Electronic Street Signals 15 years Road Signage 10 years RECREATION Buildings 50 years Parking lot 20 years Vehicle-Van 20 years 40 City Council Packet February 8, 2011 Vehicle 20 years PARKS Buildings 50 years Restrooms 50 years Shelters 50 years Prefab shelters 50 years Pool 40 years Pool heaters 10 years Spectator heaters 15 years Irrigation system 40 years Parking lot 20 years Sidewalks 30 years Steel bridge 45 years Outdoor lighting 20 years Fencing, gates 35 years Retaining walls 20 years Bleachers 30 years Scoreboard 20 years Fountains 40 years Playground equipment 20 years Recreational equipment 15 years Landscaping 10 years Septic systems 15 years Underground tanks 30 years Athletic Field 40 years Soccer Fields 40 years Stadiums 45 years Skate Park 20 years Tennis courts 40 years Running track 30 years Disc Golf Facility 20 years Bike-Jogging Paths/Dirt 10 years Bike-Jogging Paths/Gravel 15 years Bike-Jogging Paths/Concrete 30 years Bike-Jogging Paths/Asphalt 20 years Grounds equipment 10 years Mowers 10 years Other motorized equipment 15 years Tractor/compact skidsteer 15 years Tractor/standard 20 years Non-motorized equipment/attachments 20 years Ice re-surfacer 15 years Generator 15 years Pickups & trucks 10 years Seasonal Vehicles 20 years 41 City Council Packet February 8, 2011 FORESTRY Buildings 50 years Loader /compact 15 years Motorized equipment 15 years Aerial trimming device 20 years Season vehicles 20 years Trucks and pickups 10 years GOLF COURSE Buildings-permanent 50 years Buildings-portable 25 years T-stands 40 years Driving range 40 years Executive nine 40 years Chipping green 40 years Concrete cart paths 30 years Mowers-Rough 15 years Mowers-Green 7 years Mowers-Fairway 10 years Tractors/compact 15 years Tractors/standard 20 years Motorized equipment 15 years Non motorized equipment 20 years Irrigation system 40 years Pumps 25 years Storm drainage improvements 25 years Pickups 10 years Pickups seasonal 20 years FIRE DEPARTMENT Fire Trucks (Structural Pumpers, Aerials, Rescue) 16 years 6F1 and 6F2 Command Vehicles 5 years Breathing air compressor 15 years Self Contained Breathing Apparatus (SCBA) 10 years Safety House 25 years Extrication equipment 10 years Brush/Utility Trucks & Slide-in units 12 years Thermal Imagers 12 years POLICE DEPARTMENT Patrol Vehicles 3 years or 100,000 miles SRO Vehicle 7 years Unmarked Police Vehicles 8 years Animal Control Vehicle 5 years or 100,000 miles Sirens 15 years 42 City Council Packet February 8, 2011 In vehicle video system 6 years Z-tron system 10 years Portable radios in vehicles 10 years Portable hand radios 8 years SWIFTEL CENTER Panels 20 years Window treatments 8 years Tradeshow equipment 12 years Food and beverage equipment 10 years Scoreboard & Electronic signs 10 years Scrubbers 5 years Battery back up 5 years Parking lots 20 years Concrete sealing 5 years Catwalk 50 years Air Conditioning Units 20 years Portable dance floor 10 years Portable stage 12 years Portable stalls 20 years Vehicles 20 years Skidsteer 10 years AIRPORT Building 50 years Grounds equipment 10 years Snow removal equipment 10 years ARFF truck (Fire truck) 20 years Fencing 30 years Gate opener 10 years Above ground fuel tanks 20 years Landscaping 10 years Runway lighting 10 years Taxiway lighting 10 years Runway asphaltic concrete 25 years Runway concrete 40 years Runway overlay 10 years Beacon 20 years Security system 7 years Vehicles 10 years INFORMATION TECHNOLOGY Desktop computer 5 years Laptop computer 5 years Servers 6 years Networking (switches, firewalls, etc) 7 years 43 City Council Packet February 8, 2011 Backup equipment 5 years Security system 7 years Small printers 6 years Large printer/copiers 5 to 10 years CODE ENFORCEMENT Vehicles 10 years 11) Forms a) Capital Asset Purchases b) Equipment Transfer Disposition Request c) Storage of Equipment on Privately owned/Leased Premises d) Equipment tracking home use authorization 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. 44 City Council Packet February 8, 2011 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. 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. 45 City Council Packet February 8, 2011 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. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, 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. 46 City Council Packet February 8, 2011 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. 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. 47 City Council Packet February 8, 2011 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. 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 48 City Council Packet February 8, 2011 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. 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. Resolution No. 09-11. A motion was made by Thorpe, seconded by Kubal, to approve Resolution No. 09-11, a Resolution establishing a Naming Rights Policy for the City of Brookings. All present voted yes; motion carried. Resolution No. 09-11 City of Brookings Naming Rights Policy Objective: Whereas, the City of Brookings wishes to appropriately acknowledge individuals, organizations, and businesses by naming certain capital investment items and amenities in their honor, and Whereas, it is necessary and prudent to undertake such acknowledgements in a manner that provides a process for undertaking the naming of such items, and Whereas, it is desirable for the City of Brookings to utilize such naming rights procedure as a means of generating revenue to assist with deferring some of the capital costs of such public improvement, and 49 City Council Packet February 8, 2011 Whereas, this policy shall not apply to naming rights for the Swiftel Center as an existing policy duly-adopted by the City Council is currently in effect. Now, Therefore, Be It Resolved by the City Council of the City of Brookings that the following Naming Rights Policy be adopted. 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. 3) Where appropriate, generate revenue from private sources to defer a portion of the costs of the capital item. Items eligible to be named Items need to have significance worthy of a name by which it would be recognizable in the community, and be identified by its name. 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 including but not limited to trees, park benches, planter boxes, picnic tables, etc. 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 the final decision on all naming rights. 5) In cases where the City wishes to generate revenue to defer capital expenses through the utilization of this naming rights policy, staff shall seek out opportunities to identify and recruit potential donors. Recognition 50 City Council Packet February 8, 2011 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. Resolution No. 16-11. A public hearing was held on Resolution No. 16-11, State Water Plan Application for Storm Water Project. No public comment was made. A motion was made by McClemans, seconded by Bartley, to approve Resolution No. 16-11. All present voted yes; motion carried. Resolution No. 16-11 Whereas, the City of Brookings has identified the need to upgrade the storm water system; and Whereas, the City of Brookings proposes to undertake improvements to the storm water system; and Whereas, the City of Brookings is eligible to apply for Clean Water State Revolving Fund (SRF) Program assistance for the proposed project; and Whereas, with the submission of the SRF application, the City of Brookings assures and certifies that all SRF program requirements will be fulfilled. Therefore Be It Resolved that the City of Brookings duly authorizes the City Manager of Brookings to execute and submit an SRF loan application requesting up to $2,243,431 of loan funds for the proposed project to be borrowed at an interest rate of 3.0% for a term of 20 years and to be secured by storm water fees. Further Be It Resolved, that the City Manager of Brookings be hereby designated as the certifying officer for any loan agreement, contracts, pay requests, correspondence, and other required documents as a result of this application. This resolution is effective immediately upon passage. Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:59 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 51 City Council Packet February 8, 2011 CONSENT AGENDA #4 C. Action on various volunteer appointments. Mayor Tim Reed has submitted the following appointment recommendations for City Council advice and consent: Board of Adjustment Number of positions: 4 (2 members, 2 alternates) Positions currently held by: Jay Vanduch, Larry Klingbile Term Length: 3 year Residency Requirement: Required or reside within the Joint Jurisdictional Area Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1. Appoint Jim Pederson 2. Appoint Jason Hoffelt 3. Appoint Jere Hieb as 1st Alternate 4. Appoint Mary Kidwiler as 2nd Alternate Board of Appeals Number of positions: 1 Position currently held by: Vacant Term Length: 5 year Residency Requirement: Required Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board must be qualified by training and experience to pass upon the matters pertaining to building construction. Mayor’s Recommendation: 1. Appoint David Bertelson 52 City Council Packet February 8, 2011 CONSENT AGENDA #4 D. Action on a request from Susan Scott to abate real estate taxes for a portion of 2010 in the amount of $937.00 for property located at 222 14th Ave., W 57.2’ of Lot 1, Block 2, LeGeros Addition, Parcel #40300-00200-001-00. Susan Scott has submitted a request to abate a portion of the 2010 property taxes on the above referenced property in the amount of $937.00. A copy of the application is enclosed. The County Director of Equalization recommends approval. 53 City Council Packet February 8, 2011 CONSENT AGENDA #4 E. Action on a request from Rosewood Mobile Home Park to abate real estate taxes for a portion of 2010 in the amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-224-40. Rosewood Mobile Home Park has submitted a request to abate a portion of the 2010 property taxes on the above referenced property in the amount of $1,373.00. A copy of the application is enclosed. The County Director of Equalization recommends approval. 58 City Council Packet February 8, 2011 CONSENT AGENDA #4 F. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $9,728.91 for the following Parcels: 40160-00300-001-00 / 002-00 / 003-00 / 004- 00 / 005-00 / 006-05 / 007-00 / 008-05 / 008-10 (Joint City/County Building location). The City of Brookings has submitted a request to abate a portion of the 2010 property taxes on the following purchased properties in the amount of $9,728.91. A copy of the application is enclosed. The County Director of Equalization recommends approval. Property 2011 Tax Payable Abatement ID# Tax Payable May 25 Requested 40160-00300-001-00 $4,153.14 $1,649.88 $2,503.26 40160-00300-002-00 $328.54 $130.52 $198.02 40160-00300-003-00 $1,179.40 $468.53 $710.87 40160-00300-004-00 $1,794.34 $712.82 $1,081.52 40160-00300-005-00 $1,783.86 $708.66 $1,075.20 40160-00300-006-00 $1,752.22 $696.09 $1,056.13 40160-00300-007-00 $3,641.50 $1,446.62 $2,194.88 40160-00300-008-05 $735.20 $292.07 $443.13 40160-00300-008-10 $772.94 $307.06 $465.88 TOTALS $16,141.14 $6,412.23 $9,728.91 63 City Council Packet February 8, 2011 CONSENT AGENDA #4 G. Action on a request from the City of Brookings to abate the real estate taxes for a portion of 2010 in the amount of $676.16 for the following Parcel: 04000-11049-191.00. The City of Brookings has submitted a request to abate a portion of the 2010 property taxes on the following purchased property in the amount of $676.16. A copy of the application is enclosed. The County Director of Equalization recommends approval. Property 2011 Tax Payable Abatement ID# Tax Payable May 25 Requested 04000-11049-191-00 $1,036.84 $360.68 $676.16 91 City Council Packet February 8, 2011 CONSENT AGENDA #4 H. Action to abate a portion of the 2011 drainage fee in the amount of $17.41 for Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South The City received a request from Craig Fairbanks and Carol Cumber to examine the drainage fee for Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40'. Therein, otherwise known as 1718 20th Street South, Parcel Number 40960-10950- 011-15. This parcel is located on the south side of 20th Street South, just east of Bluegill Addition. The 2011 drainage fee of $808.46 had been calculated on 34.37 acres of property, however, we discovered that Brookings County shows this property is 33.63 acres, which results in a revised drainage fee of calculation of $791.05. This results in an abatement of $17.41 for this parcel, as follows: 2011 drainage fee charged: $808.46 2011 drainage fee recalculated: $791.05 Amount to be abated from 2011 taxes: $17.41 This motion will approve the abatement of $17.41 from the drainage fee for Parcel No. 40960-10950-011-15, otherwise known as 1718 20th Street South. 95 City Council Packet February 8, 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). City of Brookings Year: 2011 Abatement Amount for 2011: $17.41 Address: N/A Parcel Number: 40960-10950-011-15 Legal Description: Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South Background: The City of Brookings has requested to abate the drainage fee for this property, and the acreage size was adjusted to the correct amount of 33.63 acres, resulting in a revised drainage fee. The correct drainage fee is as follows: 2011 drainage fee charged: $808.46 2011 drainage fee: $791.05 Amount to be abated from 2011 taxes: $17.41 I hereby certify that on February 8, 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 February 8, 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 $17.41 for Parcel No. 40960-10950-011-15, also known as Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC. OLS 2 & 3 & EXC N40' Therein, otherwise known as 1718 20th Street South”. “All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD 96 City Council Packet February 8, 2011 CONSENT AGENDA #4 I. Action on Resolution No. 17-11 declaring surplus property: one 1989 Spartan Pumper, (Engine #5), Model DS26042. City Council action is required to declare the above referenced property surplus for disposal. Resolution No. 17-11 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Fire Department: Engine 5 - Fixed Asset # 101-0077 1989 Spartan Pumper, Model DS26042, VIN #1S9PT2S06KC185114 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise the value of the property; Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 8th day of February, 2011. City of Brookings, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk   97 City Council Packet February 8, 2011 Open Forum 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 98 City Council Packet February 8, 2011 Open Forum / Presentations / Reports 7. Update on the National Children’s Study Emily Hansen, NCS Research Coordinator for Brookings County, and Kelsey Schurrer, NCS Research Assistant for Brookings County requested an opportunity to provide the City Council with an update on the National Children’s Study. 99 City Council Packet February 8, 2011 Contract Awards / Change Orders 8. Action on Resolution No. 18-11: Awarding bid for Firefighter Gear. To: Jeff Weldon, Brookings City Manager From: Darrell Hartmann, Brookings Fire Chief Date: January 25, 2011 RE: Bid – Firefighter Gear One bid was received on January 25th. The bid received met the specifications. Staff recommends acceptance of the bid from M&T Fire & Safety, Volga, SD in the amount of $23,912.00 for 14 Firefighter Jackets and 14 Firefighter Pants as per Department specifications. Item Bid Bidder Amount of Bid Bid Bond Cashier’s Check 14 Sets of Firefighter Gear to include: Blood Borne Pathogen Resistant Coat with tails and Pants with an outer shell – 7.5 oz. PBO/Kevlar/Nomex, thermal liner – 2 layer Spunlace/Met, moisture barrier – Crosstech/Nomex M & T Fire & Safety $23,912.00 $1,195.60 City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 104 City Council Packet February 8, 2011 Resolution No. 18-11 Resolution Awarding Bids on Firefighter Gear (14 Sets - Jackets/Pants) Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, January 25, 2011; and Whereas, the City of Brookings has received the following bid for Firefighter Gear: M&T Fire & Safety, Inc. $23,912.00 Now Therefore, Be It Resolved that the bid of $23,912.00 of M&T Fire & Safety, Inc. be accepted. Passed and approved this 8th day of February 2011. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 105 City Council Packet February 8, 2011 Contract Awards / Change Orders 10. Action on Resolution No. 20-11: a Resolution Authorizing Change Order No. 1 for Wildlife Fence Improvement Project, AIP 3-46- 0005-23-2010 The Perimeter Wildlife Fence Project is nearly completed for the Brookings Regional Airport. The fence was required by the FAA due to their increasing efforts to mitigate wildlife hazards on airports. The new wildlife fence will be a benefit to the airport as deer have jumped over the existing shorter fence, which creates a safety hazard for the users of the airport, in addition to the time and resources necessary to remove the deer from the airport. In addition, a portion (approximately 300 yards) will need to be moved when the runways are realigned. The fencing material may be re- used for the new alignment. This project is reimbursed 3% by the SDDOT, and 95% by the FAA, resulting in the City share of 2%. This change order includes several items which arose during construction: • Mechanical key pad lock for walk gate. This item was added to install mechanical key pad combination locks on all the walk gates in lieu of the deadbolt lock originally specified. The price includes a credit for not installing the deadbolt. The keypad lock code may be changed from time to time for security purposes. • Proximity readers and cards for electric gates. This item was added to install proximity card readers at the electric gates instead of touch pad card readers. The change was made because the geometry of the touch pad reader unit made it difficult for the driver of a vehicle to reach the touch pad. We received a credit for not installing the touch pad card reader. The proximity reader will have a unit where you swipe a card. The cards are reprogrammable for security purposes. • Reusing existing REIL Base. This item is a reduction in cost since the existing REIL bases were determined to be reusable and the contractor did not have to install new ones as part of the work. • Boring for conduit under runway. This item was added for the boring for conduit and wire under the runway for a control wire to the REILs. • Conduit. This item was added for the conduit for the control wire under the runway for the REILs. 108 City Council Packet February 8, 2011 • Connect conduit to junction cans: This item was added for the excavation and connection of the conduit to the junction cans at the REILs. The contract deadline was October 15, 2010, however, due to the above extra work and a delay in receiving the proximity readers and cards, an extension is requested for 135 calendar days. The final work left to complete is the installation of the proximity readers. The contractor expects they will arrive and be installed by February 28, 2011. The change order costs are as follows: Original Contract Price: $289,435.96 Decrease from Previously Approved Change Orders: $0.00 Contract Price prior to this Change Order: $289,435.96 Increase of this Change Order (No. 1): $11,145.04 Contract Price incorporating this Change Order: $300,581.00 This resolution will approve Change Order No. 1 for a $11,145.04 increase to the contract amount and will extend the contract completion date by 135 calendar days to February 28, 2011. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 109 City Council Packet February 8, 2011 Resolution No. 20-11 A Resolution Authorizing Change Order No. 1 (CCO#1) for Airport Wildlife Fence Project, AIP #3-46-0005-023-2010 American Fence Company, Inc. Be It Resolved by the City Council that the following change order be allowed for Airport Wildlife Fence Project, AIP #3-46-0005-023-2010: Construction Change Order Number 1 Add mechanical key pad lock for walk gate, add proximity readers and cards for electric gates, deduct for reusing the existing REIL base, add boring for conduit under the runway, add conduit for the control wire under the runway for the REILs, add conduit, and add the connection of conduit to the junction cans for a total increase of $11,145.04 to the contract. Increase contract completion date by 135 calendar days to February 28, 2011. Passed and approved this 8th day of January, 2011. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 110 City Council Packet February 8, 2011 Second Readings / Public Hearings 11. Public hearing and action on Resolution No. 21-11, a Resolution of Intent to lease the house at 2150 Derdall Drive. To: Mayor and City Council Members Jeff Weldon, City Manager From: Mike Struck, Community Development Director Re: Intent to Lease Real Property The City is proposing a lease for the City-owned rental house located at 2150 Derdall Drive. Since this lease is in excess of $500 and 120 days, the City Council is required to hold a public hearing to adopt a Resolution of Intent to lease real property to a private person, which is referenced in the following SDCL excerpts: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The lease with Jesse Nordbye and Candi Sumner will be in the amount of $1,000.00 per month for a twelve month lease. The Notice of Public Hearing was advertised one time ten days prior to the hearing as required. This resolution will allow the City to enter into a twelve month lease agreement with Jesse Nordbye and Candi Sumner for the rental house located at 2150 Derdall Drive. Staff Recommendation: Approve City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 111 City Council Packet February 8, 2011 Resolution No. 21-11 Resolution of Intent to Lease Real Property to Private Entity Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a Lease with Jesse Nordbye and Candi Sumner, for a period of one year and pertaining to the following described property: Lot One and the East Ten Feet of Lot Two in Block Thirteen of East Acres Second Addition to the City of Brookings, County of Brookings, State of South Dakota; Also known as: 2150 Derdall Drive BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this the 8th day of February, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this the 8th day of February, 2011. CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 112 City Council Packet February 8, 2011 Second Readings / Public Hearings 12. Public hearing and action on a Temporary Liquor License request for The Shamrock for events on 2/11, 2/16 and 2/17/2011. The Shamrock has applied for a temporary liquor licenses for events on 2/11 (meeting), 2/16(meeting), and 2/17/2011(SD East River Golden Gloves Qualifier). 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 2/11 (meeting), 2/16 (meeting), 2/17 (SD East River Golden Gloves Qualifier). 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 21st day of January, 2011. Shari Thornes, City Clerk Published 1 time at an approximate cost: $ . City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 113 City Council Packet February 8, 2011 Other Business 13. Discussion and possible action on recommendation from Ad Hoc Parking Committee. The ad hoc parking committee met several times over the past year and has conducted substantial investigation of many issues relating to parking. They concluded their work on January 18, 2011 with a series of five recommendations for council action. Attached are the minutes of that meeting, which further describe the recommendations. They are as follows: 1) Remove parking from city streets at night in the older parts of town (4th Street to 8th Street and 12th Avenue to 16th Avenue) from November 15 to March 15 from midnight to 5:00 a.m. 2) Hire a parking attendant to give only parking tickets to vehicles illegally parking in the congested areas of town. 3) Deny parking of boats, construction trailers, RVs, and large vehicles on city streets. 4) Paint street markings for parallel parking areas on every street in the City beginning with the most congested areas. 5) Instigate a parking permit system in Brookings. (NOTE: It was the intent of the committee this item would be investigated further only as a last resort if all other effective measures proved unsuccessful.) The City Council can address these issues in any number of ways. The Council can address these items together or separately; acting on some immediately or requesting further study and detail on any one of them. I would suggest Items (1) and (3) should also be reviewed by the Traffic Safety Committee since their subject material is directly related to that of this Committee. Since Traffic Safety addresses street issues related to safety as well as parking, it would seem logical to refer them to this Committee. When Traffic Safety has completed their review, the issues would return to the City Council with recommendations from the Ad Hoc Parking Committee, Traffic 114 City Council Packet February 8, 2011 Safety Committee, as well as staff. At that point, these issues would have been significantly vetted. Item (2) is going to occur anyway so there is no need to take action. The Police Department budget has one part-time officer position whose primary duties will be parking enforcement. This position fills in for an officer on military leave so we need to return the officer to active patrol duty upon her return. This will give us the opportunity to explore the feasibility of having personnel resources devoted primarily to parking enforcement. However, it is important to understand that in the overall scope of Police Department resources, parking enforcement is among the lowest priorities; as well it should be when considering the other calls to which they must respond. Finally, it is important to acknowledge that each of these issues comes with a cost. Whether it is paint, signage, or personnel for enforcement or painting, our 2011 budget is adopted and any significant increase is service in these areas will come with a corresponding increase in cost which means reductions in other areas. Of course, some items such as a few signs or a few gallons of paint for striping are incidental and do not pose a budgetary concern. However, if the scope of the project is extensive, requiring a significant number of signs or gallons of paint, the costs could be substantial. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 115 City Council Packet February 8, 2011 Parking Ad Hoc Committee Brookings, SD January 18, 2011 OFFICIAL MINUTES Chairperson John Kubal called the Ad Hoc Parking Committee to order on Tuesday, January 18, 2011 at 3:00 PM in the Meeting Room at City Hall. Present were, Beverly Dobbs, Alan Gregg, Brett Monson, James Weiss, and Kubal. Duane Bymers and Daryl Englund were absent. City staff present were Planning and Zoning Administrator Dan Hanson, City Engineer Jackie Lanning, and Community Development Director Mike Struck. Item #1 – (Gregg/Dobbs) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #2 – (Gregg/Wiess) Motion to approve the minutes of the November 23, 2010, meeting. All present voted aye. MOTION CARRIED. Item #3 – Discussion and Committee Recommendations – Kubal asked for discussion on the committee recommendations to the City Council. He also asked the committee to think about whether they thought it advantageous to establish a permanent parking committee. Kubal suggested they discuss the five recommendations one at a time. o 1. Take parking off the city streets at night in the older parts of town (4th Street to 7th Street {changed to 8th Street} and 12th Avenue to 16th Avenue) from November 15 to March 15 from midnight to 5:00 AM – Police Chief Jeff Miller said he felt this was discriminatory as a certain area was targeted. Miller said he did not have the manpower to enforce this issue. However, he said after tickets are written, people will catch on in a few weeks. He added that some residents do not have off-street parking on their own property. He felt that trying to solve one problem would just create another. Dobbs said that all but a very few of the residents have off-street or alley access for parking. She added that if the rentals were rented properly, this would not be as much of a problem. Hanson added that the bigger the area, the more the cost is to the city. Gregg agreed that people learn after a period of time when money is involved. He felt the trouble spots should be concentrated on first. Gregg felt this item should be sent to the City Council. Miller said years ago there were signs posted at the entrance to the city of the parking ban. Hanson said now they would need two signs per block face. Wiess felt the boundary should be 4th Street to 8th Street (instead of 7th Street) to include the extended avenues in that area. The committee agreed. o 2. Hire a parking attendant to give only parking tickets to vehicles illegally parked in the congested areas of town - Chief Miller said he will be hiring a ½ time police officer to work parking and traffic only. This officer will have the power of arrest and will work 19 hours a week. Miller said he has funding for this position for a few months and said he is hoping the position will eventually fund itself. Gregg agreed this was a good idea as chalking tires just doesn’t work. He suggested using technology, digital camera etc. The 116 City Council Packet February 8, 2011 committee agreed to forward this to the City Council with the notation that action has taken place on this item. o 3. Deny parking of boats, construction trailers, RVs, and large vehicles on city streets – Dobbs said these types of vehicles are stored not just parked on city streets causing problems. Gregg stated the present ordinance allows them for 72 hours. Dobbs said they should not be allowed at all. Lanning reminded the committee that this item previously failed some time ago at the City Council level. Dobbs said the problem has gotten worse the past couple of years. Gregg suggested sending it to the City Council again. Wiess felt there should be exceptions granted for loading and unloading. o 4. Paint street markings for parallel parking areas on every street in the City beginning with the most congested areas – Kubal said that Duane Bymers had talked with Mr. Gilmartin at Teen Challenge. They were wondering if the men at Teen Challenge could help with the painting process. Gregg said the paint alone is very expensive. Dobbs suggested that just painting back from the intersections would help. Hanson suggested painting the curb instead of the pavement if painting would be done. Wiess said he has never seen a town where there are painted markings on every street in the city. Gregg added that it would need to be kept up by painting yearly. Wiess said SDSU spends $40,000 in paint, and it takes three months to do the parking lots. Dobbs said ticketing needs to be done for it to work. Lanning said that an ordinance already exists without painting stripes. She felt it was not feasible in any way. Kubal felt forwarding it to the City Council as a good idea but with the understanding that dollars would be a concern. o 5. Instigate a parking permit system in Brookings – Dobbs said she would like to see if taking cars off the streets would improve the parking conditions. If parking conditions do not improve, then the permit system should be looked at. Gregg asked why no “snow alert” was issued for our last snow storms. Lanning said that Street Superintendent Koss Delfinis did not want to wait to begin cleaning the streets. He wanted his staff to begin immediately. The Street Department staff worked 14 hours, took some time off, and was back to work for another 14 hours. Struck reminded the committee that the parking permit system should not be done for convenience. It should only be implemented if the concerns are safety oriented. Dobbs said a parking permit program could work very well if it is done correctly. She said it is a program worth falling back on if other means do not work. Kubal said he is not convinced that it is a safety issue. He felt it was more of a convenience issue. Dobbs said she believed it to be a good idea to have follow-up committee meetings two or three times a year. Chief Miller reminded the committee that there is already a Traffic Safety Committee that deals with traffic safety issues. Lanning said these items (Traffic Safety Committee items) are related to parking. Miller said items must be safety driven, and there is a committee in place already that takes care of those issues. Miller said he would not recommend a full time parking committee. Gregg said if it is needed, the committee can come back for a meeting, but he believed it was time to dis-establish this committee. Kubal said the mayor can re-establish the committee at another date. Monson distributed laminated cards the size of a credit card to the members. It contained the parking rules and regulations for the city of Brookings. The cards have seen distributed to SDSU students. Gregg asked if SDSU students could receive a mass email on parking issues. Monson said they are unable to mass email students. Struck agreed as they were 117 City Council Packet February 8, 2011 not able to do it during the census process. Struck said the City has Facebook and Twitter accounts with information. Kubal asked if information could be put in the Collegian. Monson said yes, but not all students read it. Kubal declared the Ad-Hoc Parking Committee dissolved. The items suggested will be on the February 8, 2011 City Council agenda. He asked members to be present to support the items. The meeting was adjourned. ____________________________ _____________________ Diane M. Spencer, Secretary John Kubal, Chairman 118 City Council Packet February 8, 2011 119 14. Adjourn.