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HomeMy WebLinkAbout2010_03_09 CC PKTCity Council Packet March 9, 2010 Brookings City Council Tuesday, March 9, 2010 City Hall Council Chambers 311 Third Avenue 5:00 p.m. – Work Session 6:00 p.m. – Regular Meeting Mission Statement: 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. Board of Equalization update by Joyce Dragseth, DOE. 2. Downtown Brookings Inc. (DBI) Annual Report. 3. City Council Member Ex-Officio Reports. 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 can not 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 on appointment to the Historic Preservation Commission. C. Action to approve an abatement request from Tim & Kriscinda Heaton for 2009 taxes in the amount of $709.18 1008 3rd Street, E1/2 Lt 2, all Lot 3, W1/2 L4, Block 1, Pleasant Hill Addition. D. Action to approve an abatement request from Randy and Lorelei Bjorklund for 2009 taxes in the amount of $1,278.10 for Lot 1, Block 6, Edgebrook Addition, 2021 Moriarty Drive. E. Action on Resolution No. 29-10, awarding bids on Firefighter Gear. F. Action on a Temporary On/Off Sale Wine License for the Brookings Humane Society. G. Action to abate 2010 Drainage Fees for Block 8, Hyland Addition. H. Action on Resolution No. 30-10, a Resolution Declaring Surplus Property. Motion to approve, request public comment, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 1 City Council Packet March 9, 2010 Presentations, Special Requests/Invites & Reports: 5. Mayoral Proclamation – Presley Door, SD Prudential Spirit of the Community Award. 6. Open Forum. 7. SDSU Student Senate Report. 8. Presentation of City of Brookings 2009 Annual Financial Report. Ordinance First Readings: 9. Ordinance No. 12-10: An Ordinance Amending the Guidelines for Publication of Minutes of the City Council of the City of Brookings, South Dakota. Public Hearing: March 23rd Second Readings/Public Hearings 10. Ordinance No. 11-10: An Ordinance Amending Section 6-5 of the Code of Ordinances of the City of Brookings and pertaining to the Markup Percentage on the Sale of Alcoholic Beverages in the City of Brookings. City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 11. Public Hearing and Action on Resolution No. 31-10, a Resolution of Intent to Lease Real Property (leasing industrial land in the Svennes and Freeland Additions to Foundation Seeds Stocks). City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call Other Business: 12. Ordinance No. 03-10. A public hearing was held on Ordinance No. 03-10, an Ordinance Amending Section 78-38 of the Code of Ordinances of the City of Brookings, SD and Pertaining to the Use of Municipal Sales, Service, and Use Tax Revenue in the City of Brookings, SD. Motion to remove from table – roll call City Manager Introduction Motion to amend with substitute language Open & Close Public Hearing Motion to approve – Roll Call 13. Action to approve an amendment to the City of Brookings Governance and Ends Policies, Ends Policy I, Financial Stability, Guideline H. Motion to remove from table – roll call City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 14. Executive Session for purposes of consulting with legal counsel on pending contractual matters. Motion to enter executive session – voice vote Motion to leave session –voice vote 2 City Council Packet March 9, 2010 15. Action on Amended Resolution No. 32-10, an Amended Resolution Authorizing the Purchase of Real Property for the Intergovernmental Administration Building; Authorizing the Expenditure of Funds for the Purchase of the Real Property, and Authorizing the Documents to Effectuate the Terms and Intent of this Resolution. City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 16. Adjourn. Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Tom Bezdichek, Council Member John Kubal, Council Member Mike McClemans, Council Member Jael Thorpe, Council Member Julie Whaley, Council Member Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and 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. 3 City Council Packet March 9, 2010 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. Board of Equalization Update by Joyce Dragseth, DOE. Joyce Dragseth, Director of Equalization, and Shari Thornes, Brookings City Clerk, will be present to provide an orientation to the Council regarding the hearing process. The Equalization Office sent out the property valuation cards on March 1st to city residents. If a property owner plans to appeal the valuation of his or her property they must do so by 5:00 p.m. on Thursday, March 11th, with the City Clerk. The Local Board of Equalization, consisting of at least four City Council members and one School Board member, must conduct their hearings between Monday, March 15 and Friday, March 19. Estimate Time: 15 Minutes 4 City Council Packet March 9, 2010 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. Downtown Brookings Inc. (DBI) Annual Report. John Seward, Executive Director for Downtown Brookings Inc., will update the City Council and public on DBI’s activities from 2009 and plans for 2010. Estimate Time: 20 Minutes 5 City Council Packet March 9, 2010 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. 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 and Utility Board will provide verbal reports regarding recent meetings they have attended. Utility Board: Council Members Bezdichek and Kubal Health Systems Board: Council Members Whaley and Thorpe 6 City Council Packet March 9, 2010 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 starting the issue, requested outcome, and time. A majority vote is required. 7 City Council Packet March 9, 2010 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 March 12-17th Friday – Wednesday NLC – Congressional City Conference Washington, DC March 15th Monday Board of Equalization hearings 9:00 a.m. – 9:00 p.m. City Hall March 17th Wednesday Dakota Abstract & Title St. Patrick’s Day Party 5:00 p.m. – 9:00 p.m. Dakota Abstract & Title March 30th Tuesday Chamber Annual Meeting 5:00 p.m. Social 6:00 p.m. Progressive Meal Days Inn March 30th Tuesday Brookings County 2010 Annual Feed 5:30 p.m. Fire Hall 306 3rd Street March 31- April 1st Wednesday – Thursday Annual SD Airports Conference Deadwood Gulch Gaming Resort Deadwood, SD April 7th Wednesday Annual District 2 Meeting 6:00 p.m. Dugout Restaurant DeSmet, SD Sept. 23-25 Thursday – Saturday NLC 18th Annual Leadership Summit “Leading the Charge in Local Government” Philadelphia, Pennsylvania Nov. 29 – Dec. 4th Monday – Saturday NLC-Congress of Cities Denver, CO 8 City Council Packet March 9, 2010 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 on appointment to the Historic Preservation Commission. C. Action to approve an abatement request from Tim & Kriscinda Heaton for 2009 taxes in the amount of $709.18 1008 3rd Street, E1/2 Lt 2, all Lot 3, W1/2 L4, Block 1, Pleasant Hill Addition (Assessor Recommends Approval). D. Action to approve an abatement request from Randy and Lorelei Bjorklund for 2009 taxes in the amount of $1,278.10 for Lot 1, Block 6, Edgebrook Addition, 2021 Moriarty Drive (Assessor Recommends Approval). E. Action on Resolution No. 29-10, awarding bids on Firefighter Gear. F. Action on a Temporary Wine License for the Brookings Humane Society. G. Action to abate 2010 Drainage Fees for Block 8, Hyland Addition (city-purchased lot). H. Action on Resolution No. 30-10, a Resolution Declaring Surplus Property (one used Whirlpool Spa). Motion to approve, request public comment, roll call Presentations, Special Requests/Invites & Reports: 5. Mayoral Proclamation – Presley Door, SD Prudential Spirit of the Community Award. 6. Open Forum. 7. SDSU Student Senate Report. 8. Presentation of City of Brookings 2009 Annual Financial Report. Ordinance First Readings: 9. Ordinance No. 12-10, An Ordinance Amending the Guidelines for Publication of Minutes of the City Council of the City of Brookings, South Dakota. Public Hearing: March 23rd Second Readings/Public Hearings 10. Ordinance No. 11-10; An Ordinance Amending Section 6-5 of the Code of Ordinances of the City of Brookings and pertaining to the Markup Percentage on the Sale of Alcoholic Beverages in the City of Brookings. City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call 11. Public Hearing and Action on Resolution No. 31-10, a Resolution of Intent to Lease Real Property (leasing industrial land in the Svennes and Freeland Additions to Foundation Seeds Stocks). City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call Other Business: 12. Ordinance No. 03-10. A public hearing was held on Ordinance No. 03-10, an Ordinance Amending Section 78-38 of the Code of Ordinances of the City of Brookings, SD and Pertaining to the Use of Municipal Sales, Service, and Use Tax Revenue in the City of Brookings, SD. Motion to remove from table – roll call, City Manager Introduction, Motion to amend with substitute language, Open & Close Public Hearing, Motion to approve – Roll Call 13. Action to approve an amendment to the City of Brookings Governance and Ends Policies, Ends Policy I, Financial Stability, Guideline H. Motion to remove from table – roll call City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call 14. Executive Session for purposes of consulting with legal counsel on pending contractual matters. Motion to enter executive session – voice vote Motion to leave session –voice vote 15. Action on Amended Resolution No. 32-10, an Amended Resolution Authorizing the Purchase of Real Property for the Intergovernmental Administration Building; Authorizing the Expenditure of Funds for the Purchase of the Real Property, and Authorizing the Documents to Effectuate the Terms and Intent of this Resolution. City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call 16. Adjourn. 9 City Council Packet March 9, 2010 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on appointment to the Historic Preservation Commission. C. Action to approve an abatement request from Tim & Kriscinda Heaton for 2009 taxes in the amount of $709.18 1008 3rd Street, E1/2 Lt 2, all Lot 3, W1/2 L4, Block 1, Pleasant Hill Addition (Assessor Recommends Approval). D. Action to approve an abatement request from Randy and Lorelei Bjorklund for 2009 taxes in the amount of $1,278.10 for Lot1, Block 6, Edgebrook Addition, 2021 Moriarty Drive (Assessor Recommends Approval). E. Action on Resolution No. 29-10, awarding bids on Firefighter Gear (14 sets – jacket/pants). F. Action on a Temporary Wine License for the Brookings Humane Society. G. Action to abate 2010 Drainage Fees for Block 8, Hyland Addition (city-purchased lot). H. Action on Resolution No. 30-10, a Resolution Declaring Surplus Property (one used Whirlpool Spa). *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 10 City Council Packet March 9, 2010 CONSENT AGENDA #4 B. Action on Appointment to the Historic Preservation Commission. Mayor Reed is recommending the appointment of Father Ryan Hall to the Historic Preservation Commission to fill the vacated term of Jerry McCollough through January 1, 2012. Purpose The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Membership Membership: 7-10 Term: 3 years Residency: Required Appointment: January 1 Legal Reference: Brookings City Code of Ordinances Chapter 46, Article II, Section 46-21 thru 46-26, Ordinance No. 09-03, Ordinance No. 16-91, SDCL 1-19B 11 City Council Packet March 9, 2010 CONSENT AGENDA #4 C. Action to approve an abatement request from Tim & Kriscinda Heaton for 2009 taxes in the amount of $709.18, 1008 3rd Street, E ½ Lot 2, all Lot 3, W ½ Lot 4, Block 1, Pleasant Hill Addition. Tim & Kriscinda Heaton has submitted a request to abate a portion of the 2009 property taxes on the above referenced property in the amount of $709.18. A copy of the application is enclosed. The County Director of Equalization recommends approval. 12 City Council Packet March 9, 2010 CONSENT AGENDA #4 D. Action to approve an abatement request from Randy and Lorelei Bjorklund for 2009 taxes in the amount of $1,278.10 for Lot 1, Block 6, Edgebrook Addition, 2021 Moriarty Drive (Assessor Recommends Approval). Randy and Lorelei Bjorklund has submitted a request to abate a portion of the 2009 property taxes on the above referenced property in the amount of $1,278.10. A copy of the application is enclosed. The County Director of Equalization recommends approval. 19 City Council Packet March 9, 2010 CONSENT AGENDA #4 E. Action on Resolution No. 29-10, awarding bids on Firefighter Gear. Bids were opened on Tuesday, March 2, 2010 for 14 Firefighter jackets and 14 Firefighter pants. One bid was received from M&T Fire & Safety from Volga in the amount of $23,912.00. This bid came in under the budgeted amount of $25,000. Recommend award bid to M&T Fire & Safety. Resolution No. 29-10 Resolution Awarding Bids on Firefighter Gear (14 Sets - Jacket/Pants) Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, March 2, 2010; and Whereas, the City of Brookings has received the following bids 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 9th day of March 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 25 City Council Packet March 9, 2010 CONSENT AGENDA #4 F. Action on a Temporary Wine License for the Brookings Humane Society. City Council action is required to approve a temporary on/off sale wine license for the Brookings Humane Society “Paws for Wine” event to be held on March 26, 2010 at the Innovation Village, 2405 10th Street. All required documents have been filed with the City pertaining to insurance and other licensing requirements. 26 City Council Packet March 9, 2010 CONSENT AGENDA #4 G. Action to abate 2010 Drainage Fees for Block 8, Hyland Addition (city-purchased lot). In 2009, the City purchased Block 8, Hyland Addition, Parcel Number 40262-00800- 000-00, which is located on the northeast corner of Southland Lane and 12th Street South. This parcel had been owned by John Mills and the 2010 drainage fee was calculated at $62.61. Since this land is now owned by the City, the drainage fee needs to be abated. This action will abate the drainage fee on Block 8, Hyland Addition. The details are as follows: 2010 drainage fee charged: $62.61 2010 drainage fee recalculated: $0.00 Amount to be abated from 2010 taxes: $62.61 The Brookings County will abate this amount after approval from the City Council. 27 City Council Packet March 9, 2010 CONSENT AGENDA #4 H. Action on Resolution No. 35-10, a Resolution declaring Surplus Property (one used Whirlpool Spa). The City recently purchased the property located at 304 West 16th Avenue South, which was previously owned by Randall and Brenda Pitts. The residence contained a whirlpool spa that the City would like to surplus and sell. The details are as follows: One (1) Whirlpool Spa Year: approximately 1993 Brand: Dakota Spas Manufacturing Model: Dakotan Color: Emerald Serial #: 106-DKN-4181-2 The estimated value is less than $500.00, therefore the City may sell the item at a private or public sale without notice according to SDCL 6-13-4. The City plans to solicit the highest quote from private citizens for whirlpool spa. The resolution will authorize the City Manager to sell the surplus property. Resolution No. 35-10 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described asset formerly located at the City-owned residence of 304 West 16th Avenue South: One (1) Whirlpool Spa Year: approximately 1993 Brand: Dakota Spas Manufacturing Model: Dakotan Color: Emerald Serial #: 106-DKN-4181-2 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the estimated value is less than $500.00; and Whereas, the City Manager hereby authorized to sell the surplus property; Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 9th day of March 2010. CITY OF BROOKINGS _________________________ ATTEST: Tim Reed, Mayor ___________________________ Shari Thornes, City Clerk 28 City Council Packet March 9, 2010 Presentations/Reports/Special Requests 5. Mayoral Proclamation – Presley Door, SD Prudential Spirit of the Community Award. Mayoral Proclamation City of Brookings, South Dakota WHEREAS, Presley Door is an extraordinary volunteer at Brookings Regional Humane Society who contributes time without expectation of reward, other than gratification that comes from helping others; and WHEREAS, Presley Door is a role model to other youth as well as adults in our community; and WHEREAS, Presley Door has been named as 1 of the 2 State Honorees for South Dakota in the Prudential Spirit of the Community Awards based on criteria such as personal initiative, creativity, effort, impact and personal growth; and WHEREAS, the Prudential Spirit of the Community Awards are designed to emphasize the importance our nation places on service to others, and to encourage all young Americans to contribute to their communities; and WHEREAS, Presley Door will travel to Washington, D.C. in May to be considered among 102 other State Honorees for 1 of the 10 Prudential Spirit of the Community Award National Honorees; and WHEREAS, we, the People of Brookings, wish to express our appreciation to Presley Door for her dedication to the Brookings Regional Humane Society and receiving the prestigious Prudential Spirit of the Community Award for South Dakota. Good luck to you in Washington, D.C.! NOW THEREFORE, I, TIM REED, Mayor of the City of Brookings, South Dakota, do hereby proclaim Tuesday, March 9th, 2010 as PRESLEY DOOR DAY in special recognition and appreciation for her dedicated and outstanding service to the Brookings Regional Humane Society, the community of Brookings and the state of South Dakota. IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 9th day of March 2010. Tim Reed, Mayor 29 City Council Packet March 9, 2010 Presentations/Reports/Special Requests 6. 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. 7. SDSU Student Senate Report. President – Brett Monson Vice-President – Erin Kennedy Administrative Assistant – pending Finance Chair – pending State & Local Chair – http://studentorgs.sdstate.org/studentsassociation/Default.htm 30 City Council Packet March 9, 2010 Presentations/Reports/Special Requests 8. City of Brookings 2009 Annual Financial Report. Pursuant to SDCL 9-22-21, the City of Brookings is required to provide an annual report to the City Council and public at the first regular meeting in March. The report is to include receipts, expenses and financial condition of the municipality, including where the City’s funds are deposited. Enclosed for Council review is the 2009 “Unaudited “Annual Financial Report for the City of Brookings. This report is unaudited and it is anticipated that adjustments will be made. The final audited report will be presented to the Council at a later date. 31 Reserved 206 374 495 000 2 443 972 11 ****** UNAUDITED ******** ANNUAL REPORT FOR CITY OF BROOKINGS AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2009 GOVERNMENTAL FUNDS General 2nd Penny Sales Other Governmental Total Fund Tax Fund Funds Governmental Funds Beginning Balance 7,390,540 7,033,050 4,835,590 19,259,180 Revenues and Other Sources: Property Taxes 2,170,706 25,076 2,195,782 General Sales and Use Taxes 4,883,575 4,852,351 669,732 10,405,658 Amusement Taxes 1,440 1,440 911 Telephone Surcharge 170,218 170,218 Penalties and Interest on Delinquent Taxes 2,181 801 2,982 Storm Drainage Tax 543,319 543,319 Licenses and Permits 226,109 226,109 Federal Grants 36,224 35,893 72,117 State Grants 12,296 12,296 State Shared Revenue: Bank Franchise Tax 72,500 72,500 Liquor Tax Reversion 112,459 112,459 Highway and Bridge Fund 225,558 225,558 County Shared Revenue: County Road Tax (25%)0 County HBR Tax (25%)55,036 55,036 County Wheel Tax 53,616 53,616 County Payments in Lieu of Taxes 25,000 25,000 Charges for Goods and Services: General Government 60 60 Public Safety 9,627 9,627 Public Works 95 95 Health 14,279 14,279 Culture and Recreation 645,911 1,070,779 1,716,690 Other 0 Court Fines and Costs 67,810 67,810 Library 29,880 29,880 Investment Earnings 126,491 88,219 15,290 230,000 Rentals 63,731 10,064 73,795 Special Assessments 651,642 651,642 Contributions and Donations from Private Sources 447,790 46,200 0 493,990 Sale of Municipal Property 75,432 14 75,446 Proceeds from Debt 148,123 1,084,040 1,232,163 Other 462,252 15,180 154,983 632,415 Total Revenue and Other Sources 9,938,301 5,001,950 4,461,731 19,401,982 Expenditures and Other Uses: Legislative 52,519 52,519 Executive 454,103 454,103 Financial Administration 544,310 544,310 Other General Government 885,741 885,741 Police 2,322,249 2,322,249 Fire 696,482 696,482 Other Protection 20,973 413,106 434,079 Highways and Streets 2,101,142 15,190 2,805,355 4,921,687 Engineer 398,976 398,976 Community Development 439,002 439,002 Animal Control 85,436 85,436 Recreation 774,450 250,000 .1,024,450 Parks 3,118,698 3,118,698 Libraries 971,506 27,107 998,613 Auditorium 0 1,442,305 1,442,305 Historical Preservation 12,792 12,792 Economic Development and Assistance (Industrial Development)1,529,871 1,529,871 Debt Service 195,564 2,361,908 2,557,472 Total Expenditures and Other Uses 13,073,943 2,627,098 6,217,744 21,918,785 Transfers In (Out)3,510,971 (1,793,667)721,834 2,439,138 Changes in Reserves (8,380)(8,380) Increase/Decrease in Fund Balance 375,329 581,185 (1,042,559)(86,045) Ending Balance: Reserved 3,206,3743, ,5,495,0005, ,2,443,972, ,11,145,346,145,346 Undesignated 4,559,495 2,119,235 1,349,059 8,027,789 Governmental Long-term Debt 16,541,141 ****** UNAUDITED ******** PROPRIETARY FUNDS Other Enterprise Electric Health System Telephone Funds Beginning Balance 29,409,661 39,192,973 21,595,723 37,073,012 Revenues 19,211,753 32,782,188 29,359,522 19,535,047 Expenses (17,919,433)(31,082,851)(28,821,518)(15,972,732) Transfers In (Out)(1,167,000)0 (575,000)(708,137) Ending Balance: Restricted 18,600,206 1,167,125 6,928,991 27,762,782 Unrestricted 10,934,775 39,725,185 14,629,736 12,164,408 Long-term Debt 5,574,075 0 25,901,073 2,160,926 The preceding financial data does not include fiduciary funds or internal service funds. Information pertaining to those activities may be obtained by contacting the municipal finance officer at 697-8639. Municipal funds are deposited as follows: Depository Amount First Bank & Trust 8,464,656 Wells Fargo 1,884,273 Dacotah 1,191,920 Metabank 1,785,292 BankStar 500,000 Home Federal 1,014,112 Security National 14,073 First Bank & Trust Wealth Mgmt: Deposits 31,874,542 Custodial Agent 28,607,250 Wells Fargo Brokerage 1,368,400 City Council Packet March 9, 2010 Ordinance First Readings 9. Ordinance No. 12-10, an Ordinance Amending the Guidelines for Publication of Minutes of the City Council of the City of Brookings, South Dakota. Public Hearing: March 23rd ** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Enclosed for Council review and first reading is an ordinance modifying the content requirements for the City Council’s minutes. With the addition of new video software and search capabilities, the detailed minutes are no longer needed and the discussion sections of the minutes will be significantly reduced. Ordinance No. 12-10 An Ordinance Amending the Guidelines for Publication of Minutes of the City Council of the City of Brookings, South Dakota BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: I. Chapter 2, Article V. Publication of Minutes. Sec. 2-100 Publication of Minutes. The Minutes of the City Council shall be published in the official legal newspaper of the city within thirty days after each meeting, providing, at a minimum, the following information: a. The names of the members attending the meeting and those absent; b. The date and place of the meeting and time the meeting was called to order and adjourned; c. A list of the topics discussed, providing an accurate report of the matters discussed in sufficient detail to truly reflect the matters discussed; c. A brief summary of each topic discussed or presented at such meeting. d. A statement identifying any agreements or documents approved at such meeting and whether such agreement or document is available for public inspection at City Hall. e A description of each motion made at the meeting, whether the motion was seconded, and the names of the members who make and second each motion; f. The results of every vote taken at the meeting; and g. The vote of every member on every recorded roll call vote. II. All ordinances in conflict herewith are hereby repealed. FIRST READING: March 9, 2010 SECOND READING AND ADOPTION: March 23, 2010 PUBLISHED: March 26, 2010 34 City Council Packet March 9, 2010 Second Readings/Public Hearings 10. Ordinance No. 11-10; An Ordinance Amending Section 6-5 of the Code of Ordinances of the City of Brookings and pertaining to the Markup Percentage on the Sale of Alcoholic Beverages in the City of Brookings. Ordinance No. 11-10 was prepared by the city attorney to provide clarity on local override procedures related to brew pubs, malt beverages and wine and farm wines. Specifically, subsection B provides a mechanism to collect the city override on beer sold at a brewpub. Subsection (c) clarify that all farm wine sold in the city is subject to the override provisions NOTE: The language has been modified from first reading pursuant to recommendations made by city staff. 35-5-3.2. Alcohol occupational tax - Tax for malt beverage manufacturers selling to public for consumption on licensed premises. In addition to the provisions of § 35-4-49, a malt beverage manufacturer may sell the malt beverage such manufacturer manufactures to the public for consumption on the licensed premises. A malt beverage manufacturer who manufactures less than five thousand barrels of malt beverage a year may hold on the premises where the malt beverage is manufactured an on-sale license issued pursuant to subdivision 35-4-2(4) and subject to the quota established in § 35-4-11 or a malt beverage retailer's license issued pursuant to subdivision 35-4-2(16) or an on-sale wine license issued pursuant to subdivision 35-4-2(12). The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages so sold. Any manufacturer who holds a malt beverage retailer's license as provided in this section may also hold a malt beverage retailer's license at other locations but may sell the malt beverages it manufactures only at the location where the beverages are manufactured or to wholesalers licensed pursuant to this title. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call CITY MANAGER RECOMMENDATION - Approve 35 City Council Packet March 9, 2010 Ordinance No. 11-10 An Ordinance Amending Section 6-5 of the Code of Ordinances of the City of Brookings and Pertaining to the Markup Percentage on the Sale of Alcoholic Beverages in the City of Brookings. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 6-5. Markup percentages on the sale of alcoholic beverages. a) Malt Beverages. The city shall charge and collect a markup of ten percent above the municipality’s costs of malt beverages, plus freight, for all malt beverages sold within the city. The markup percentage shall apply to all malt beverages, whether purchased for on-sale or off-sale purposes. b) Markup percentage on malt beverages manufactured and sold on the premises of a licensed malt beverage manufacturer selling for consumption upon a licensed premises. Any licensed manufacturer of malt beverages shall pay to the City on a monthly basis, a markup percentage of ten percent (10%) based upon the same quantities reported to the Department of Revenue and Bureau of Alcohol, Tobacco and Firearms and for purposes of the occupational tax on manufactured malt beverages. c) Wine and Farm Wine. The city shall charge and collect a markup of eleven percent above the municipality’s costs of beverages, plus freight, for all wine and farm wine sold within the city. The markup percentage shall apply to all wine and farm wine, whether purchased for on-sale or off-sale purposes. It is the responsibility of the distributor/farm winery to provide an invoice copy to the Brookings Municipal Liquor Store for all such sales within ten (10) days of the date of purchase. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 23, 2010 Second Reading: March 9, 2010 Published: March 12, 2010 CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 36 City Council Packet March 9, 2010 Second Readings/Public Hearings: 11. Public Hearing and Action on Resolution No. 31-10, a Resolution of Intent to Lease Real Property (leasing industrial land in the Svennes and Freeland Additions to Foundation Seeds Stocks). The City would like to lease the unsold industrial property located in the Weise Addition and Freeland Addition for farming operations, which is shown on the enclosed map. In the past, the City has leased industrial property for farming operations which provides for extra income for the City’s industrial fund as well as provides for weed control. Prior to 2007, the City advertised for bids for farming on a three year basis. The City then held a public hearing for the adoption of a resolution of intent to lease real property to a private person, which is required by state law. Steve Britzman has researched the issue, and provided the SDCL references as: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 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. According to Mr. Britzman, this lease is not required to be bid, due to the fact the entity is a public-private business entity, though it could be offered for bids if you so desired. Since “Foundation Seed Stocks”, the proposed lessee, is not a “private person” and is not technically the “State”-- it is a nonprofit corporation affiliated with SDSU, he concluded we can lease without bidding provided it is not to a private person. 37 City Council Packet March 9, 2010 Foundation Seed Stocks proposes to lease this property at $105.00 per acre, which is the same lease rate that they have paid in 2008 and 2009 and it is higher than our previous lease rate of $70.00 per acre in 2007. This lease will be a one year lease, which will allow for acreage adjustments each year based on land sales. The Notice of Public Hearing was advertised one time ten days prior to the hearing. This resolution will allow the City to enter into a lease agreement with Foundation Seed Stocks for one year for the City-owned industrial property in the Weise and Freeland Additions. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call CITY MANAGER RECOMMENDATION - Approve 38 City Council Packet March 9, 2010 Resolution No. 31-10 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, 2010 and ending March 8, 2011, 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, forty (40) 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 March 9, 2010 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 9th day of March 2010. CITY OF BROOKINGS __________________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk 39 City Council Packet March 9, 2010 Other Business: 12. Ordinance No. 03-10: An Ordinance Amending Section 78-38 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Use of Municipal Sales, Service and Use Tax Revenue in the City of Brookings, South Dakota. Pursuant to City Council direction from the January 26th meeting, the enclosed ordinance was prepared to repeal Section 78-38 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Use of Municipal Sales, Service and Use Tax Revenue in the City of Brookings, South Dakota. In its place, the City Council gave direction to prepare a policy on Second Penny Sales Tax uses that would define exclusive capital uses, designating 25% of the Second Penny for public safety, leases, land acquisition, and debt retirement related thereto, and the remaining 75 % could also be used for land acquisition, infrastructure investments, and any debt retirement related thereto. Agenda Item #13 is the amendment to the City of Brookings Governance and Ends Policy, Ends Policy 1, Financial Stability, Guideline H. NOTE: The City Council tabled action on Ordinance 03-10 at its February 23rd meeting and recommended an ordinance be retained; however, the current ordinance language be amended to reflected the proposed Governance and Ends Policy language (see Item 13), which was also tabled on February 23rd. Enclosed for Council consideration is substitute language to Ordinance No. 03-10. TABLED 2/23/2010 ACTION: Motion to Remove from Table, Roll Call City Manager Introduction ACTION: Motion to amend with Substitute Language, Open & Close Public Hearing, Motion to Approve, Roll Call CITY MANGER RECOMMENDATION – Approve 42 City Council Packet March 9, 2010 Ordinance No. 03-10 An Ordinance Amending Section 78-38 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Use of Municipal Sales, Service, and Use Tax Revenue in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Sec. 78-38. Use of revenue. Any revenues received under section 78-32(b) shall be used only for the purposes as defined and set forth in SDCL 10-52A-2. II. All ordinances in conflict herewith are hereby repealed. First Reading: February 9, 2010 Second Reading: February 23, 2010 Published: February 26, 2010 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 43 City Council Packet March 9, 2010 SUBSTITUTE LANGUAGE ORDINANCE NO. ____________ AN ORDINANCE AMENDING SECTION 78-38 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO THE USE OF MUNICIPAL SALES, SERVICE AND USE TAX REVENUE IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: I. Sec. 78-38. Use of revenue. (a) Any revenues received pursuant to sections 78-32(a) and 78-33 in excess of the amount received if the rate of tax in section 78-32(a) is one percent may be used only in the following manner: (1) Seventy-five percent of such revenues may be used only for capital improvements which involve the construction and financing of public improvements designated by ordinance or resolution of the city council following a public hearing. The term "construction and financing," as used in this section, shall include land acquisition, architectural and engineering fees, construction costs and debt retirement. The term "public improvements," as used in this section, shall include infrastructure and buildings either new or modified, improvements owned by the city, joint county-municipal improvements, joint school district-municipal improvements as authorized by SDCL ch. 6-3 (SDCL 6-3-1 et seq.), and improvements constructed pursuant to a joint powers agreement with the state and South Dakota State University as authorized by SDCL ch. 1-24 (SDCL 1-24-1 et seq.). Any improvement project authorized by the city council under this subsection (a) shall be subject to referendum. (2) Twenty-five percent of such revenues may be used only for capital improvements, including lease purchase agreements of realty, land acquisition, street maintenance, specialized equipment, the transfer to the special 911 fund authorized by SDCL 34-45-12, the purchasing of firefighting vehicles, public safety and equipment, and debt retirement related thereto. (b) Any revenues received under section 78-32(b) shall be used only for the purposes as defined and set forth in SDCL 10-52A-2. II. All ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Tim Reed, Mayor Shari L. Thornes, City Clerk 44 City Council Packet March 9, 2010 TAXATION § 78-38 Sec. 78-38. Use of revenue. (a) Any revenues received pursuant to sections 78-32 and 78-33 in excess of the amount received if the rate of tax in section 78-32(a) is one percent may be used only in the following manner: (1) Seventy-five percent of such revenues may be used only for General Fund Critical Needs Equipment and for capital improvements which involve the construction and financing of public improvements designated by ordinance or resolution of the city council following a public hearing. The term "construction and financing," as used in this section, shall include land acquisition, architectural and engineering fees, construction costs and debt retirement. The term "public improvements," as used in this section, shall include infrastructure and buildings either new or modified, improvements owned by the city, joint county-municipal improvements, joint school district-municipal improvements as authorized by SDCL ch. 6-3 (SDCL 6-3-1 at seq.), and improvements constructed pursuant to a joint powers agreement with the state and South Dakota State University as authorized by SDCL ch. 1-24 (SDCL 1-24-1 et seq.). Any improvement project authorized by the city council under this subsection (a) shall be subject to referendum. (2) Twenty-five percent of such revenues may be used only for capital improvements, including lease purchase agreements of realty, land acquisition, the funding of public ambulance and medical emergency response vehicles, public hospitals, or nonprofit hospitals with 50 or fewer licensed beds, and other public health care facilities or nonprofit health care facilities with 50 or fewer licensed beds, the transfer to the special 911 fund authorized by SDCL 34-45-12, the purchasing of firefighting vehicles, and public safety and equipment, public safety vehicles and equipment and debt retirement related thereto. (b) Any revenues received under section 78-32(b) in excess of the amount which would have been received if the rate established in such subsections were the same as the rate established in section 78-32(a) may be used only for the purposes as defined and set forth in SDCL 10-52A-2. (Code 1996, § 2-59(6); Ord. No. 20-98, § 1(2-59(6)), 9-8-1998; Ord. No. 10-02, § I, 5-20-2002; Ord. No. 27-03, § I, 9-9-2003; Ord. No. 42-03, § I, 10-28-2003; Ord. No. 49-03, § I, 12-16-2003; Ord. No. 02-04, § I, 1-13-2004) State law reference-Use of funds, SDCL 10-52-2. 45 City Council Packet March 9, 2010 Other Business 13. Action on an amendment to the City of Brookings Governance and Ends Policies, Ends Policy I, Financial Stability, Guideline H. Ordinance No. 03-10 repeals the present wording regulating the use of the revenue from the Second Penny Sales & Use Tax. The attached amendment to the Governance and Ends Policy, Ends Policy 1, Financial Stability is adding Guideline H which would regulate the use of Sales and Tax Revenues from the 2nd Penny. The policy is in the same context as the original ordinance with noted recommended deletions and additions to represent present practice. NOTE: The City Council tabled action on this item and recommended the policy language be incorporated in proposed Ordinance 03-10. TABLED 2/23/2010 ACTION: Motion to Remove from Table, Roll Call City Manager Introduction ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call CITY MANAGER RECOMMENDATION - Approve 46 City Council Packet March 9, 2010 CITY OF BROOKINGS GOVERNANCE AND ENDS POLICIES AMENDMENT 2/24/10 Ends Policy 1, Financial Stability Guideline H: Code of Ordinances, City of Brookings, Article II, Sales, Use and Lodging Taxes Sec. 78-38. Use of revenue. Any revenues received pursuant to sections 78-32 and 78-33 in excess of the amount received if the rate of tax in section 78-32(a) is one percent may be used only in the following manner: 1) Seventy-five percent of such revenues may be used only for General Fund Critical Needs Equipment and for capital improvements which involve the construction and financing of public improvements designated by ordinance or resolution of the city council following a public hearing. The term "construction and financing," as used in this section, shall include land acquisition, architectural and engineering fees, construction costs and debt retirement. The term "public improvements," as used in this section, shall include infrastructure and buildings either new or modified, improvements owned by the city, joint county-municipal improvements, joint school district-municipal improvements as authorized by SDCL ch. 6-3 (SDCL 6-3-1 et seq.), and improvements constructed pursuant to a joint powers agreement with the state and South Dakota State University as authorized by SDCL ch. 1-24 (SDCL 1-24-1 et seq.). Any improvement project authorized by the city council under this subsection (a) shall be subject to referendum. (2) Twenty-five percent of such revenues may be used only for capital improvements, including lease purchase agreements of realty, land acquisition, the funding of public ambulance and medical emergency response vehicles, public hospitals, or nonprofit hospitals with 50 or fewer licensed beds, and other public health care facilities or nonprofit health care facilities with 50 or fewer licensed beds, the programmed chip sealing street maintenance, specialized equipment, the transfer to the special 911 fund authorized by SDCL 34-45-12, the purchasing of firefighting vehicles, public safety and equipment, and debt retirement related thereto. 47 City Council Packet March 9, 2010 Executive Session 14. Executive Session for purposes of consulting with legal counsel on pending contractual matters. SDCL 1-25-2. Executive or closed meetings. Executive or closed meetings may be held for the sole purpose of: 1. Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractors; 2. Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3. Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4. Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. ACTION: Motion to enter executive session – voice vote Motion to leave executive session –voice vote 48 City Council Packet March 9, 2010 Other Business 15. Action on Amended Resolution No. 32-10, an Amended Resolution Authorizing the Purchase of Real Property for the Intergovernmental Administration Building; Authorizing the Expenditure of Funds for the Purchase of the Real Property, and Authorizing the Documents to Effectuate the Terms and Intent of this Resolution. To: Mayor and Council Members, Jeff Weldon, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: March 4, 2010 Re: Amended Resolution pertaining to Joint Intergovernmental Building The Amended portions of the Resolution are shaded in gray, and reflect a revised proposed Purchase Price negotiated with the Leary family. The $50,000 increase was approved by the County Commission this morning, with each party paying one-half, provided the Resolution is approved by the City Council. The newspaper article in the Brookings Register was an accurate statement of what has happened in the past 2 weeks, and the $50,000 increase is a compromise of the Leary’s counteroffer at $75,000. We believe this change is fair to the Leary’s and is not inequitable to the other property owners. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call CITY MANAGER RECOMMENDATION - Approve 49 City Council Packet March 9, 2010 Resolution No. 32-10 (markup) Amended Resolution Authorizing the Purchase of Real Property for the Intergovernmental Administration Building; Authorizing the Expenditure of Funds for the Purchase of the Real Property, and Authorizing the Documents to Effectuate the Terms and Intent of This Resolution __________________ Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, the City of Brookings is authorized to acquire real property pursuant to South Dakota Codified Law § 9-12-1(2), and Whereas, the City has determined that in order to acquire a desirable site for an Intergovernmental Administration Building, it is necessary and desirable to acquire the real property described in Exhibit “A”, which is attached hereto and made a part hereof, and Whereas, the real property described herein is being acquired by the County of Brookings and the City of Brookings for an Intergovernmental Administration Building to be owned by each governmental entity in equal undivided shares, and will be utilized and operated pursuant to the terms of a Joint Powers Agreement between the County of Brookings and the City of Brookings, and Whereas, further negotiations were necessary to achieve an acceptable purchase price with respect to one of the properties described on Exhibit “A” (216-5th Avenue), which resulted in an increase in the total cost of the purchase of 216 Fifth Avenue in the amount of $50,000, and Whereas, the adjustment of the total cost of the purchase of 216 Fifth Avenue is warranted and reasonable, based upon further analysis of the value of this property by staff and by Joint Intergovernmental Building Committee members, and will result in fair and equitable treatment of the owners of 216 Fifth Avenue, and Whereas, with the foregoing adjustment, the total cost of the real property described in Exhibit “A” shall not exceed One Million Nine Hundred Eighty-nine Thousand Five Hundred and no/100 ($1,989,500.00) Dollars, with one-half (1/2) of said cost paid by the County of Brookings at closing, and one-half (1/2) of said cost paid by the City of Brookings at closing, and Whereas, the City of Brookings intends to complete the transactions set forth herein pursuant to terms, agreements and documents consistent with this Resolution, which shall be incorporated in Real Estate Purchase Agreements between the owners of the real property as shown on Exhibit “A” and the County of Brookings and City of Brookings as purchasers, and such other documents as are necessary to effectuate the terms and intent of this Resolution, Now Therefore, 50 City Council Packet March 9, 2010 1. The real estate transactions set forth herein are hereby authorized, and 2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the transactions described herein, including Real Estate Purchase Agreements consistent with the terms of this Resolution in a form satisfactory to the City Manager. 3. This Resolution shall amend Resolution No. 22-10. Dated this 9th day of March, 2010. CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 51 City Council Packet March 9, 2010 Exhibit “A” ________________________________________ Owner Street Address of Property Legal Description of Property Vine Street Properties LLC 512 – 3rd Street, Brookings, SD 57006 Lot Four (4) in Block Three (3) of the First Addition to the City of Brookings, County of Brookings, State of South Dakota. Blair R. Collins 524 – 3rd Street, Brookings, SD 57006 Lots One (1) and Two (2) in Block Three (3) of First Addition to the City of Brookings, County of Brookings, State of South Dakota. Gatzke Family Enterprises 506 – 3rd Street and 222 – 5th Avenue, Brookings, SD 57006 Lot “G” in Block Three (3) of the First Addition to the City of Brookings, County of Brookings, State of South Dakota. Darin R. Dobrenski and Tammy J. Dobrenski 513 Front Street, Brookings, SD 57006 The East Thirty Feet (E 30') of Lot Eight (8) in Block Three (3) and that portion of Lot Eight “A” (8A) abutting and accruing thereto, of First Addition to the City of Brookings, County of Brookings, State of South Dakota. Shane S. Carlson 510 – 3rd Street, Brookings, SD 57006 Lot Five (5) in Block Three (3) of First Addition to the City of Brookings, County of Brookings, State of South Dakota. John Patrick Leary and Eunice J. Leary 216 – 5th Avenue, Brookings, SD 57006 The South Fifty Feet (S 50') of Lots Six (6) and Seven (7) in Block Three (3) of the First Addition to the City of Brookings, County of Brookings, State of South Dakota. Robert J. Bern 511 Front Street, Brookings, SD 57006 The West Fifty-six Feet (W 56') of the East Eighty-six Feet (E 86') of Lot Eight (8) in Block Three (3) of the First Addition to the City of Brookings, County of Brookings, State of South Dakota AND That portion of the vacated portion of Front Street (sometimes known as Lot Eight “A” (8A) of Block Three (3)) abutting and accruing thereto. Bruce L. Lentsch and Maureen J. Lentsch 518 – 3rd Street, Brookings, SD 57006 Lot Three (3) in Block Three (3) of First Addition to the City of Brookings, County of Brookings, State of South Dakota. 52 City Council Packet March 9, 2010 53 16. Adjourn.