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Home My WebLink About2010_11_23 CC PKT Brookings City Council Tuesday, November 23, 2010 City Hall Council Chambers 311 Third Avenue 5:00 p.m. – Work Session 6:00 p.m. – Regular Meeting The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:00 PM 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. Economic Development Topics (continued). 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 PM 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 Resolution No. 101-10, Authorizing the Sale of Surplus Real Estate to Randy Kjelden and Lujeanne Kjelden. D. Action to schedule a special City Council Goal Setting Retreat for February 3, 2010. 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. 2010 Strategic Plan Update by City Manager. 1 First Readings** 8. Ordinance No. 38-10: An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance. Public Hearing: December 14th ** 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. Second Readings / Public Hearings 9. Public hearing and action on a temporary liquor license request for the Swiftel Center on the following dates: December 3 and 10, 2010. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Public hearing and action on Resolution No. 102-10, a request to vacate the remaining portion of 12th Avenue down to 8th Street (the south 150 feet of 12th Avenue between 8th Street and 9th Street abutting lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of Lots 1, 2, and 3, Block 1, Wheaton Addition). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Public hearing and action on annual liquor and wine license renewals. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Action on Resolution No. 103-10, authorizing the City Manager to sign an Agreement with the Brookings Outdoor Learning Center. Action: Motion to Approve, Request Public Comment, Roll Call 14. Action on Resolution No. 104-10, establishing City of Brookings 2011 Delta Dental Insurance Premium Adjustment. Action: Motion to Approve, Request Public Comment, Roll Call 15. Action to approve Legal Services Agreement for 2011-2012. Action: Motion to Approve, Request Public Comment, Roll Call 16. Public hearing and possible action on Storm Drainage Management (citizen request). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing on the Airport Dual-Track Site Selection. Action: Open & Close Public Hearing 18. Discussion and action on the City/County Building construction budget. Action: Motion to Approve, Request Public Comment, Roll Call 19. Adjourn. 2 3 Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday @ 1pm Thursday @ 7 pm Friday @ 9 pm Saturday @ 1 pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. City Council Packet November 23, 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. Economic Development Topics (continued). Mayor Reed acquired the enclosed document at a National League of Cities Conference earlier this year. It provides 10 basic steps for local economic development agencies to develop its economic development strategy. The discussion will entail items six through ten of the “top 10 list”; the first five were discussed at the October 26th work session. Please take note discussion will focus on the “taking action, asking questions” sections, located at the end of each topic. #6: Your Regulatory Environment #7: Your Local Economic Development Stakeholders and Partners #8: The needs of Your Local Business Community #9: Your Community’s Economic Development Message #10: Your Economic Development Staff 4 City Council Packet November 23, 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. 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 16 City Council Packet November 23, 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. 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. Council Members Kubal and Bartley 17 City Council Packet November 23, 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. 18 City Council Packet November 23, 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 Nov. 29 – Dec. 4 Monday – Saturday NLC-Congress of Cities Denver, CO December 2 Thursday Festival of Lights 7:00 p.m. Children’s Museum December 8 Wednesday Pre-Legislative Luncheon with David Owen and InterGov’t Conference 11:30 a.m. – 3:30 p.m. TBD December 9 Thursday Mayor’s Holiday Party 5-7:00 p.m. Children’s Museum December 14 Tuesday Council Meeting 5:00 p.m. Council Chambers December 28 Tuesday Council Meeting 5:00 p.m. Council Chambers January 11 Tuesday Council Meeting 5:00 p.m. Council Chambers January 19 Wednesday Brookings/SDSU Day at the Capital Pierre, SD January 19-20 Wednesday- Thursday 2011 Governor’s Conference on Tourism Pierre, SD January 25 Tuesday Council Meeting 5:00 p.m. Council Chambers February 1 Tuesday Rib Dinner with your Legislator Pierre, SD February 2 Wednesday Municipal Government Day Pierre, SD February 3 Thursday City Council Goal Setting Retreat TBD Swiftel Center February 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 12 Tuesday Council Meeting 5:00 p.m. Council Chambers April 26 Tuesday Council Meeting 5:00 p.m. Council Chambers May 10 Tuesday Council Meeting 5:00 p.m. Council Chambers May 24 Tuesday Council Meeting 5:00 p.m. Council Chambers 19 City Council Packet November 23, 2010 20 Date Day Event & Brief Description Time Location / Town / Address / Directions June 14 Tuesday Council Meeting 5:00 p.m. Council Chambers June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers July 26 Tuesday Council Meeting 5:00 p.m. Council Chambers August 9 Tuesday Council Meeting 5:00 p.m. Council Chambers August 23 Tuesday Council Meeting 5:00 p.m. Council Chambers September 13 Tuesday Council Meeting 5:00 p.m. Council Chambers September 27 Tuesday Council Meeting 5:00 p.m. Council Chambers October 4-7 Tuesday- Friday SDML Annual Conference Sioux Falls, SD October 11 Tuesday Council Meeting 5:00 p.m. Council Chambers October 25 Tuesday Council Meeting 5:00 p.m. Council Chambers November 8 Tuesday Council Meeting 5:00 p.m. Council Chambers November 8-12 Tuesday- Saturday NLC Congress of Cities Phoenix, AZ November 22 Tuesday Council Meeting 5:00 p.m. Council Chambers December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers December 27 Tuesday Council Meeting 5:00 p.m. Council Chambers 6:00 PM 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 Resolution No. 101-10, Authorizing the Sale of Surplus Real Estate to Randy Kjelden and Lujeanne Kjelden. D. Action to schedule a special City Council Goal Setting Retreat for February 3, 2010. Action: Motion to Approve, Request Public Comment, Roll Call Open Forum/Presentations/Reports: 5. Open Forum. 6. SDSU Student Senate Report. 7. 2010 Strategic Plan Update by City Manager. First Readings 8. Ordinance No. 38-10: An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance. Public Hearing: December 14th Second Readings / Public Hearings 9. Public hearing and action on a temporary liquor license request for the Swiftel Center on the following dates: December 3 and 10, 2010. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Public hearing and action on Resolution No. 102-10, a request to vacate the remaining portion of 12th Avenue down to 8th Street (the south 150 feet of 12th Avenue between 8th Street and 9th Street abutting lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of Lots 1, 2, and 3, Block 1, Wheaton Addition). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Public hearing and action on liquor & wine renewals. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Action on Resolution No. 103-10, authorizing the City Manager to sign an Agreement with the Brookings Outdoor Learning Center. Action: Motion to Approve, Request Public Comment, Roll Call 14. Action on Resolution No. 104-10, establishing City of Brookings 2011 Delta Dental Insurance Premium Adjustment. Action: Motion to Approve, Request Public Comment, Roll Call 15. Action to approve Legal Services Agreement for 2011-2012. Action: Motion to Approve, Request Public Comment, Roll Call 16. Public hearing and possible action on Storm Drainage Management (citizen request). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing on the Airport Dual-Track Site Selection. Action: Open & Close Public Hearing 18. Discussion and action on the City/County Building construction budget. Action: Motion to Approve, Request Public Comment, Roll Call 19. Adjourn. 21 City Council Packet November 23, 2010 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 Resolution No. 101-10, Authorizing the Sale of Surplus Real Estate to Randy Kjelden and Lujeanne Kjelden. D. Action to schedule a special City Council Goal Setting Retreat for February 3, 2010. *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 22 City Council Packet November 23, 2010 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft February 23rd and November 9th Brookings City Council minutes are enclosed for Council review and approval. A review of council minutes revealed the 2/23 minutes were not submitted to Council for final approval as required. 23 City Council Packet November 23, 2010 Brookings City Council February 23, 2010 The Brookings City Council held a meeting on Tuesday, February 23, 2010 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John Kubal, Mike McClemans, Mike Bartley, Jael Thorpe and Tom Bezdichek. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. First Planning District Annual Update. Todd Kays, Executive Director for First Planning District, gave an update on activities from 2009 and plans for 2010. Brookings Economic Development Corporation analysis regarding proposed Swiftel Center Expansion, Second Penny Funds, and Economic Development efforts. The following is a summary of Al Heuton, BEDC Executive Director, gave a presentation on the Visitor Industry Strategy; BEDC Perspective -BEDC Mission: To build an economy that supports the community’s vision of a quality place to live, work, and play. BEDC’s focus is the development of primary or base industry. This includes existing industry retention/expansion, creating new industry (entrepreneur development) and industry recruitment. The BEDC/Chamber/CVB/Events Economic Development Strategy Overview: August, 2009 Community Vision: Physical, Economic and Social. Development Principles. 1) Primary objectives include: population maintenance and growth, wealth Creating, economic diversity, amenity development, high quality resources and community character, and significant, but low impact change. 2) Organizing to Succeed would include: a well-orchestrated effort enlisting the cooperation of numerous interests, a high level communication between community leaders, a high level of community awareness and engagement, an effort focused on opportunity, big impact ideas and initiatives, strategic targeted investments of public and private resources, and developing new business industry and community leaders. Development Scenarios include: Boomer Town, Tech-Know Hotspot, Production Powerhouse Common Elements. 1) Amenity Development: retail and dining, niche business/Service development, year-round recreation facilities, activity – more to do than time allows, and community quality, aesthetics, physical design. 2) Awareness Development: image development and marketing, Legislative/Bureaucratic action, contact development. 3) Business & Industry Support: Industry Growth Sector Analysis, land for development, quality infrastructure, incentive development, business training, business marketing, entrepreneur development, and local/global connectivity. 4) Population Growth: affordable variety of housing, workforce development and recruitment, people attraction (SDSU Students, young families, alumni), empty nesters and retirees, and visitors. Coordinated Delivery Approach. BEDC, Chamber, CVB, and Events co-located offices serve as: 1) Information clearing house / central information center, 2) Referrals – consumer to business/business to business, 3) Coordinated visitor program – recruitment, hosting, promotion of local amenities, services, and retail/dining. 4) Notify business community of future 24 City Council Packet November 23, 2010 scheduled events – assists with staffing, sales promotions, marketing, etc., and 5) Include a Brookings Community Guide in convention bags – approx. 10,000 per year. The guide includes retail and dining lists, and coupon style advertisements. More recently devoting more effort to utilize the visitor industry to: 1) Create opportunities to market the community to people and businesses, and 2) Recruit conferences that build awareness of Brookings related to our Comprehensive Economic Development Strategy. Visitor Industry Primary Goal: Generate a positive economic impact for the community. Specified Desired Outcomes: 1) Create Awareness of Brookings to people (Youth, future SDSU students, workforce, retires) and business/industry. 2) Quality of Life Enhancement with amenity development and things to do. 3) Sales Tax Generation from tournaments, events, conferences and conventions, and tourists. How does the Swiftel Center proposal / HVS Research overlap with BEDC’s economic development strategy? Event demands is projected to grow in three areas: 1) Meetings and Conferences – 20 events, 2) Conventions and Trade Shows – 17 events, and 3) Banquets – 35 events. Conferences and conventions of most interest to BEDC are those that have a direct correlation to our economic growth strategy. For example, conferences related to industry growth areas that would bring business contacts to the community. A need exists for high quality/state-of-the-art meeting space attached to a hotel with restaurant to be competitive in the recruitment process. In a perfect world a quality meeting / conference facility would include: 1) ballroom, breakout rooms, amphitheater seating, 2) technology – mounted projection equipment, smart boards, mimio boards, wikis, wireless access, etc., 3) motel, 4) full-Service Restaurant, 5) high quality internal/external environment, 6) location within walking distance of things to do during breaks/evening. How much of the total Third Penny Tax Generation is attributable to the visitor industry? Several factors contribute to the increase in 3rd penny taxable sales: increase in households, increase in number of SDSU Students, increase in the number of commuting workers, increase in day visitors, and increase in overnight visitors, restaurant choice, and consumer habit changes. Conclusions: 1) More detailed information on visitor attendance, travel, and spending habits would be useful. Regardless of the lack of information at this stage, the visitor industry is an important component of the community’s development strategy. 2) Short-term gain is important. The visitor industry easily represents a multi-million dollar industry for the community. 3) Intermediate gain produces additional benefits in terms of resident attraction 25 City Council Packet November 23, 2010 and leakage reduction. 4) However, the longer term impacts that could be derived through a strategic use of visitor promotions funding and efforts is clearly much greater in terms of a coordinated approach that can assist future workforce and industry growth or recruitment. 5) High quality conference space and a conference management program would contribute to this longer term goal. Review of Snow Removal Policy. The City Council discussed current snow removal policies and procedures. Topics discussed included use and timing of snow bans, dividing the town into zones, emergency route clearance priority, increased public education, challenges of consistency, ticketing and towing, unusual snow fall years, plow times and downtown snow removal responsibilities and options. No action was taken or further direction was given. City Council Member Introduction of Topics for Future Discussion. Thorpe asked that the City Council take a comprehensive look at strategically developed economic development plan and how it ties in with what the BEDC is already doing and make sure all are following same goals and unified approach. 6:00 P.M. REGULAR MEETING. Consent Agenda. Corrections were noted to Ordinance No. 02-10 and to the February 9th minutes. A motion was made by Bartley, seconded by Whaley, to approve the consent agenda as follows: A. Action to approve the agenda, as amended. B. Approval of the February 9th City Council Meeting minutes as corrected. C. Action to appoint Donna DeKraai to the Planning Commission, filling Stacy Howlett’s vacated position. Term expires December 31, 2010. D. Action on Resolution No. 15-10, a Resolution Authorizing the Mayor to Sign the Bid Letting Authorization Document for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive. Resolution No. 15-10 A Resolution Authorizing the Mayor to Sign the Bid Letting Authorization Document for P3234(50) PCN 00RL - 34th Avenue from US14N to Prince Drive, Brookings, SD Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from US14N to Prince Drive, Brookings, SD; Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements; Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds; 26 City Council Packet November 23, 2010 Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Bid Letting Authorization Document for Project P3234(50) PCN 00RL for 34th Avenue from US14N to Prince Drive, Brookings, SD. E. Action on Resolution No. 24-10, a Resolution Authorizing the Mayor to Sign the Right-of-Way Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive. Resolution No. 24-10 A Resolution Authorizing the Mayor to Sign the Utility Certificate for P3234(50) PCN 00RL 34th Avenue from US14N to Prince Drive, Brookings, SD Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from US14N to Prince Drive, Brookings, SD; Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements; Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds; Whereas, the City of Brookings, SD, has prepared plans, data, and information in accordance with South Dakota Department of Transportation guidelines necessary to construct the above project; Now Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Right-of-Way Certificate for Project P3234(50) PCN 00RL for 34th Avenue from US14N to Prince Drive, Brookings, SD. F. Action on Resolution No. 25-10, a Resolution Authorizing the Mayor to Sign the Utility Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive. Resolution No. 25-10 A Resolution Authorizing the Mayor to Sign the Utility Certificate for P3234(50) PCN 00RL - 34th Avenue from US14N to Prince Drive, Brookings, SD Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from US14N to Prince Drive, Brookings, SD; Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements; 27 City Council Packet November 23, 2010 Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds; Whereas, the City of Brookings, SD, has prepared plans, data, and information in accordance with South Dakota Department of Transportation guidelines necessary to construct the above project; Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Utility Certificate for Project P3234(50) PCN 00RL for 34th Avenue from US14N to Prince Drive, Brookings, SD. On the motion, all present voted yes; motion carried. Resolution No. 26-10. A motion was made by Bartley, seconded by Whaley, to approve Resolution No. 26-10, a Resolution Authorizing Change Order No. 1 (CCO#1) for 2009-09STI RioGrand, Napa Valley, Sonoma Valley, and Cumberland Court Valley View Phase II Project, Bowes Construction Co., Inc. No public comment was made. All present voted yes; motion carried. Resolution No. 26-10 Resolution Authorizing Change Order No. 1 (CCO#1) for 2009-09STI Rio Grand, Napa Valley, Sonoma Valley & Cumberland Court, Valley View Phase II Project Bowes Construction Co., Inc. Be It Resolved by the City Council that the following change order be allowed for 2009-09STI Rio Grand, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project: Construction Change Order Number 1: Adjust contract for the additional cost to adjust two manholes and six water valves for an increase of $1,350.00 to the contract. First Reading – Ordinance No. 11-10. A first reading was held on 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. Public Hearing: March 9, 2010. Ordinance No. 02-10. A public hearing was held on Ordinance No. 02-10, Budget Amendment #1: Authorizing a Supplemental Appropriation to the 2010 Budget for the Purpose of Providing for Additional Funds for the Operation of the City. A motion was made by Whaley, seconded by Thorpe, to approve Ordinance No. 02-10. No public comment was made. All present voted yes; motion carried. Resolution No. 27-10. A public hearing was held on Resolution No. 27-10, a Resolution Levying an Assessment for Sidewalk Assessment Project No. 2009-10SWR (2009 Sidewalk Repairs). No public comment was made. A motion was made by Thorpe, seconded by Bartley, to approve. All present voted yes; motion carried. Resolution No. 27-10 Levying Assessment for Sidewalk Assessment Project No. 2009-01SWR Whereas, the City Council has provided for the following work to be completed under Project No. 2009-01SWR. (2009 Sidewalk Repair Sites) 28 City Council Packet November 23, 2010 Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Sidewalk Assessment Project No. 2009-01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2009-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Resolution No. 28-10. A public hearing was held on Resolution No. 28-10, a Resolution of Intent to Lease Real Property to Private Entity. No public comment was made. A motion was made by Kubal, seconded by Whaley, to approve. All present voted yes; motion carried. Resolution No. 28-10 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 Carrie Caraway, for a period of one year and pertaining to the following described property: Sublot “A” of Outlot One (1) of the Southwest Quarter of the Northwest Quarter (SW1/4NW1/4) of Section Twenty-seven (27), Township One Hundred Ten (110), Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota, otherwise known as 304 West 16th Avenue South. Be It Further Noted, that a Public Hearing on this Resolution was held on this 23rd day of February, 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. LEASE AGREEMENT THIS LEASE AGREEMENT (hereafter the “Agreement”) is made and entered into this 23rd day of February 2010, by and between the City of Brookings, South Dakota, Inc., a South Dakota Municipal Corporation, (hereinafter referred to as “Lessor”), and Carrie Caraway, (hereinafter referred to as “Tenants”), for the rental of a dwelling located at 304 West 16th Avenue South, Brookings, South Dakota 57006. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants, promises and conditions set forth and contained herein, the parties to this Lease Agreement covenant and agree as follows: 1. Effective Date. This Lease Agreement shall be effective upon execution by both parties hereto. 2. Description of the Property to be Leased. It is understood and agreed, subject to the terms and conditions set forth in this Agreement, that Lessor hereby agrees to lease to Tenants, 29 City Council Packet November 23, 2010 and Tenants hereby agree to lease from Lessor, for the amounts and according to the terms provided in this Agreement, the property located at 304 West 16th Avenue South, Brookings, South Dakota 57006, but excluding the pasture area shown on Exhibit “A”. 3. Pasture Area. The pasture area shown on the attached map is excluded from the leased premises, and the Lessor reserves the right to lease the pasture area to another tenant at any time. 4. Term of Lease/Occupancy. Lessor and Tenants agree to lease this dwelling for a one (1) year term beginning February 24, 2010 and ending February 28, 2011. This Lease will automatically renew monthly unless terminated by Lessor or Tenants. If either Tenants or Lessor desires to terminate this Lease following the initial term, then either party shall give the other party thirty (30) days notice of termination. 5. Lease Payments/Late Rental Payment and Returned Checks. Tenants agree to pay Lessor on or before the first (1st) day of each month, a monthly rental payment of Eight Hundred and no/100 ($800.00) Dollars, payable at City Hall, P.O. Box 270, Brookings, South Dakota 57006. Rent that is paid after the 15th of the month is subject to a late charge of Fifty Dollars ($50.00) which shall be paid with the rent payment which is late. Lessor shall not be obligated to accept late payments and may pursue eviction proceedings in the event rent is not paid when due. If any of Tenants’ checks are returned for insufficient funds, Tenants shall pay Lessor a bad check charge of Thirty Dollars ($30.00) payable immediately upon notification of the bad check. 6. Security Deposit. At the time of execution of this Lease, the Tenants shall deposit with Lessor the sum of Eight Hundred and no/100 ($800.00) Dollars as security for Tenants’ performance of all of their obligations hereunder. Lessor shall hold the security deposit in an interest bearing account and return said security deposit plus accrued interest to Tenants within fourteen (14) days of the expiration of this Lease if Tenants have performed all of their obligations. If Tenants default in the performance of any of their obligations hereunder, including but not limited to the payment of rent or utilities, the Lessor may use, apply or retain all or any part of such security deposit for the payment of any unpaid rent or utilities, or for any other amount which the Lessor may be required to spend by reason of the Tenants’ default, including any damages or costs in the reletting of the leased property. 7. Maintenance and Repair. Lessor shall maintain the exterior of the residence, including the roof. Tenants shall maintain the driveway, sidewalk and lawn, to include snow removal and mowing as needed. The Tenants will maintain the condition of the interior of the residence, except for ordinary wear and tear; and will promptly replace and repair all breakage or damages caused by Tenants with material of the same quality. Prior to completing any repairs, Tenants shall obtain permission from Lessor. Tenants will not make any structural alternations or additions to the residence without the written consent of Lessor. At the expiration of the Lease, Tenants are required to leave the residence in a neat and clean manner. 8. Utilities/Appliances/Miscellaneous/Propane Deposit. During Tenants’ occupancy, Tenants agree to timely pay all of the utilities and propane usage. Lessor shall have no obligation to pay utilities under this Lease Agreement. Lessor warrants the operation of the dishwasher, range, microwave and water softener for three (3) months from the date of occupancy. Tenants agree to purchase and pay all expenses associated with the propane tank, water softener salt, furnace filters and light bulbs. Tenant hereby agrees not to let the propane tank get below 25% full, and to replace the propane upon vacating the property in an amount commensurate with the amount in the tank at the time of taking occupancy. Lessor is providing propane at the 30 City Council Packet November 23, 2010 beginning of this Lease, and the use and cost of such propane is Tenants’ responsibility. In order to secure Tenant’s payment to Lessor for the use of the propane in the tank at the beginning of the Lease, Tenant shall pay an additional propane fuel deposit to Lessor in the amount of Four Hundred and no/100 ($400.00) at the time of signing of this Lease. This propane deposit will be returned to Tenant if Tenant replaces the propane at the end of the Lease to the level of the propane fuel at the beginning of this Lease. If the amount of propane is not returned to the level at the time of signing of the Lease, the Lessor may use the propane fuel security deposit to purchase fuel necessary to return the propane fuel amount to the level in the tank at the beginning of this Lease. Tenants must provide their own refrigerator, washer and dryer. Tenants shall retain the refrigerator, washer and dryer at the termination of this lease. 9. Insurance. The Lessor shall maintain fire and casualty insurance for the residence. The Tenants shall insure their own personal property to the extent they desire. 10. Fire or Casualty. In the event the leased premises are wholly or partially destroyed by fire or other casualty covered by the usual form of fire and extended casualty insurance which renders the premises untenantable, this Lease shall terminate. In the event of lease termination due to destruction of the residence, rent shall abate and the unearned portion shall be refunded. 11. Use of Premises. The property described above is leased to the Tenants for the sole purpose of residential living. Tenants agree to comply with all applicable laws, ordinances and regulations in connection with their use of the leased premises. 12. Pets. Tenants agree not to have or keep any dogs, cats or other pets on the premises unless previously approved in writing by Lessor. 13. Sublease. The premises may not be subleased without written consent of the Lessor; and shall not be used for any purpose other than a dwelling for the Tenants named herein. 14. Lessor’s Access. Lessor and its agents shall have the right to enter the rented premises at reasonable times upon twenty-four (24) hours notice to inspect the premises; to insure maintenance, and to repair any damage to the premises. 15. Injury and Loss. Lessor shall not be responsible or liable for any loss, theft or damage to property or injury to or death of Tenants or any person on or about the leased premises, and Tenants agree to indemnify, defend and hold Lessor harmless therefrom. 16. Surrender. At the expiration of the initial term of this Lease, or any renewal thereof, Tenants shall quit and surrender the premises hereby leased in as good a state and condition as reasonable use and wear thereof will permit. Any holding over by Tenants shall not operate, except by written agreement, to extend or renew this Lease, and no tenancy of any duration shall be created thereby. 17. Waiver. The consent of the Lessor in any instance to any variation of the terms of this Lease, or the receipt of rent with knowledge of any breach, shall not be deemed to be a waiver as to any breach of any covenant or condition herein contained, nor shall any waiver be claimed as to any provision of this Lease unless the same be in writing, signed by the Lessor or Lessor’s Agent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and by their execution each acknowledge receipt of one original copy and further acknowledge that this Agreement is binding upon themselves, their heirs, next of kin and personal representatives. 31 City Council Packet November 23, 2010 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. A motion was made by Bartley, seconded by Thorpe, to approve. Discussion: There was consensus to table action and recommended an ordinance be retained; however, the current ordinance language be amended to reflected the proposed Governance and Ends Policy language, which would also be tabled. A motion was made by Reed, seconded by Bartley, to table. All present voted yes; motion carried to TABLE. Ordinance No. 04-10. A public hearing was held on Ordinance No. 04-10, an application for a Conditional Use to establish a Contractors Shop and Storage Yard in the Business B-3 District (623 Henry Avenue). No public comment was made. A motion was made by Whaley, seconded by Thorpe, to approve. All present voted yes; motion carried. Ordinance No. 05-10. A public hearing was held on Ordinance No. 05-10, a petition to rezone lots 128, 129A, 129B, 130A, 130B, 131A, and 131B, Onaka Village, Indian Hills Addition from a Residence R-2 District to a Residence R-3 District (Crystal Ridge Road and Dakota Trail area). No public comment was made. A motion was made by Whaley, seconded by Kubal, to approve. All present voted yes; motion carried. Ordinance No. 06-10. A public hearing was held on Ordinance No. 06-10, an Ordinance amending the Zoning Ordinance pertaining to Fences. No public comment was made. A motion was made by Bartley, seconded by Kubal, to approve. All present voted yes; motion carried. Ordinance No. 07-10. A public hearing was held on Ordinance No. 07-10, an Ordinance Amending the Zoning Ordinance pertaining to Accessory Buildings. No public comment was made. A motion was made by McClemans, seconded by Kubal, to approve. All present voted yes; motion carried. Ordinance No. 08-10. A public hearing was held on Ordinance No. 08-10, an Ordinance Amending the Zoning Ordinance pertaining to Access Drives. No public comment was made. A motion was made by McClemans, seconded by Kubal, to approve. All present voted yes; motion carried. Ordinance No. 09-10. A public hearing was held on Ordinance No. 09-10, an Ordinance Amending the Zoning Ordinance pertaining to Brewpubs. No public comment was made. A motion was made by Bartley, seconded by Kubal, to approve. All present voted yes; motion carried. Ordinance No. 10-10. A public hearing was held on Ordinance No. 10-10, an Ordinance Amending the Zoning Ordinance pertaining to Signs. No public comment was made. A motion was made by Whaley, seconded by Thorpe, to approve. All present voted yes; motion carried. Governance & Ends Policy Amendment. A motion was made by McClemans, seconded by Kubal, to table. All present voted yes; motion carried. 32 City Council Packet November 23, 2010 Adjourn. A motion was made by Thorpe, seconded by Whaley, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:57 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 33 City Council Packet November 23, 2010 Brookings City Council November 9, 2010 (unapproved) The Brookings City Council held a meeting on Tuesday, November 9, 2010 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed (arrived at 5:43), 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. Emergency Preparedness Presentation. City and County emergency management officials provided information about local coordinated emergency management and disaster preparedness plans and procedures. Brookings Health Systems and Brookings Municipal Utilities Financial Reporting Process. Pursuant to Council direction from the Special Policy Review Meeting on September 15, 2010, the City Council requested additional review and discussion regarding the financial reporting schedule of the Brookings Municipal Utilities and Brookings Health Systems. (Mayor Reed arrived 5:43 p.m.). A motion was made by Council Member Kubal, seconded by Council Member Corbett, that the CEO of Brookings Health Systems and the CEO of the Brookings Municipal Utilities appear at a meeting of the City Council on a quarterly basis and give an overview of the financial and activity operations of the health care system and utility system for which they are responsible. All present voted yes, except Reed abstained, motion carried. Ex-Officio Reports. Corbett reported the last Utility Board meeting included the 2011 budget, capital improvement plan, rate increases and transfer to the general fund. Joint Powers Board Update. The next meeting is scheduled for November 10th and the primary focus will be budget development. The Board sponsored a contractor open house on November 4th. Topics for future discussion. A motion was made by McClemans, seconded by Thorpe, to request a report from the Mayor about the Northwest Quadrant project in the immediate future (within two meetings). All present voted yes; motion carried. A motion was made by McClemans, seconded by Corbett, to request the Planning Commission take into consideration the possible commercial, residential and planned development district development of the area from 6th Street to 8th Street and 14th Avenue to Medary Avenue and bring back a recommendation to the City Council. All present votes yes, motion carried. 6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Bartley, seconded by Corbett, to approve the consent agenda as follows: A. Action to approve the agenda. B. Action to approve the October 26th City Council Meeting minutes. 34 City Council Packet November 23, 2010 C. Action on Resolution No. 88-10, setting the fees for Temporary Alcohol Licenses in the City of Brookings. Resolution No. 88-10 Resolution Establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the State of South Dakota has authorized municipalities to issue special alcoholic beverage licenses for special events pursuant to SDCL 35-4-124; and Whereas, the special licenses are temporary licenses, which may be issued only in conjunction with a special event within the municipality to any civic, charitable, educational, fraternal or veterans organization or to certain alcoholic beverages licensees. Now, Therefore, Be It Resolved that the fees for Special Alcoholic Beverage Licenses issued for special events are set forth below: License Fee (1) Special On-Sale Malt Beverage Retailers License: $50.00 per event (2) Special On-Sale Wine Retailers License: $50.00 per event (3) Special On-Sale Liquor License: $50.00 per event (4) Special Off-Sale Package Wine Dealers License: $50.00 per event On the motion, all present voted yes; motion carried. Resolution No. 98-10. A motion was made by Thorpe, seconded by McClemans, to approve Resolution No. 98-10, authorizing Change Order No. 2, 2009-09STI Valley View Phase 2 Asphalt Surfacing Project (Bowes Construction). No public comment was made. All present voted yes; motion carried. Resolution No. 98–10 Resolution Authorizing Change Order No. 2 (CCO#2 Final) for 2009-09STI Rio Grande, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project, Bowes Construction Co., Inc. Be It Resolved by the City Council that the following change order be allowed for 2009-09STI Rio Grande, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project: Construction Change Order Number 2: 1) Increase the contract for additional asphalt paving on Rio Grande and adjust the contract quantities to final as-built quantities for an increase of $10,746.91 to the contract. 2) Extend the contract substantial completion date from June 1, 2010 to December 1, 2010. Ordinance No. 37-10. First reading was held on Ordinance No. 37-10: Budget Amendment #2, authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the operation of the City. Public Hearing: November 23, 2010. Ordinance No. 33-10. A public hearing was held on Ordinance No. 33-10, an Ordinance amending Article I of Chapter 6 of the Code of Ordinances of the City of Brookings and pertaining to the sale of Alcoholic Beverages on Memorial Day in the City of Brookings. No 35 City Council Packet November 23, 2010 public comment was made. A motion was made by Kubal, seconded by Bartley, to approve Ordinance No. 33-10. All present voted yes; motion carried. Ordinance No. 34-10. A public hearing was held on Ordinance No. 34-10, an Ordinance repealing Ordinance Section 6-43 and pertaining to Temporary On-Sale Alcoholic Beverage Licenses for use at a Convention Hall in the City of Brookings, South Dakota. No public comment was made. A motion was made by Bartley, seconded by Corbett, to approve Ordinance No. 34-10. All present voted yes; motion carried. Ordinance No. 35-10. A public hearing was held on Ordinance No. 35-10, an Ordinance pertaining to an Application for a Conditional Use for a Major Home Occupation (Portrait Studio) on Lot 4, Block 15, East Acres Second Addition within the City of Brookings (1610 Derdall Drive). No public comment was made. A motion was made by McClemans, seconded by Bartley, to approve Ordinance No. 35-10. All present voted yes; motion carried. Ordinance No. 36-10. A public hearing was held on Ordinance No. 36-10, an Ordinance to Rezone Lots 1 through 5, the South 50 feet of lots 6 and 7, and Lot G, Block 3, First Addition from a Business B-2A and B-2 District to a Business B-1 District (5th Avenue and 3rd Street). No public comment was made. A motion was made by Kubal, seconded by Corbett, to approve Ordinance No. 36-10. All present voted yes; motion carried. Resolution No. 99-10. A motion was made by Corbett, seconded by McClemans, to approve Resolution No. 99-10, authorizing the City Manager to sign an Operating Agreement with Wal-Mart for an On-Off Wine License through December 31, 2010. A motion was made by Bartley, seconded by Bezdichek, to table. Bartley, Bezdichek and McClemans voted yes; Corbett, Kubal, Reed and Thorpe voted no, motion failed. On the original motion, all present voted yes; except Bartley voted no, motion carried. Resolution No. 99-10 Wal-Mart Supercenter #1538 Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for wine between the City of Brookings and the Wal-Mart Supercenter #1538 for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 2233 Sixth Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. 2011 Budget Supplemental Appropriation. A motion was made by Kubal, seconded by Reed, to direct the Visitor Promotion Board to increase the mandated allocation to the Student Fund from within the $250,000 appropriation in the amount of $15,000. On the motion, Corbett, Kubal, McClemans, Reed and Thorpe voted yes; Bartley and Bezdichek voted no; motion carried. 36 City Council Packet November 23, 2010 Firearms Training Facility. The current Police Firearms Range at the old landfill site will be displaced with the development of the Nature Park beginning in 2011. As a response to that displacement, a new firearms range site has been determined. The site is located in the northeast quadrant of the current landfill with its own entrance separate from the main landfill entrance. This new site will require the addition of a small building and the installation of utilities and security measures. A motion was made by Reed, seconded by Corbett, to go forward with the firearm training facility as proposed. All present voted yes; motion carried. Resolution No. 100-10. A motion was made by Thorpe, seconded by Corbett, to approve Resolution No. 100-10, Consideration of purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds. All present voted yes; motion carried. Resolution No. 100-10 Consideration of Purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds Whereas, the City of Brookings desires tables for the Downtown Streetscape that would match the existing benches and trash receptacles; and Whereas, the City of Brookings desires a semi-enclosed bus shelter on Main Avenue near the U. S. Post Office; and Now, Therefore, Be It Resolved that the City of Brookings hereby authorizes the expenditure not to exceed $30,000 for the purchase of tables and a bus shelter for the Downtown Streetscape. Abatement Request. McClemans recused himself from the meeting. A motion was made by Thorpe, seconded by Corbett, to approve an Abatement Request from Prairie Meadow Inc. for Lot A and remaining portion of Lot B, Sales Barn Addition, for Parcel #40517-00000-000-01 for a refund of partial tax dollars for years ‘05, ’06, ‘07, ‘08 for a total of $10,394.27 (County Assessor Recommends Denial). All present voted yes; motion carried. Abatement Request. McClemans recused himself from the meeting. A motion was made by Bezdichek, seconded by Thorpe, to approve an Abatement Request from Prairie Meadow Inc. for Block 12 of McClemans Addition, for a refund of partial tax dollars for years 2007 and 2008 for a total of $4,198.55 (County Assessor Recommends Denial). All present voted yes; motion carried. 37 City Council Packet November 23, 2010 Executive Session. A motion was made by Corbett, seconded by Kubal, to enter into Executive Session at 8:05 p.m. for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Manager, City Attorney, City Engineer and City Clerk present. All present voted yes; motion carried. A motion was made by McClemans, seconded by Corbett, to exit Executive Session at 8:30 p.m. All present voted yes; motion carried. Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 8:30 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 38 City Council Packet November 23, 2010 CONSENT AGENDA #4 C. Action on Resolution No. 101-10, authorizing the Sale of Surplus Real Estate to Randy Kjelden and Lujeanne Kjelden. The City of Brookings held a public auction on November 4, 2010 at 1:00 pm to sell two surplus lots in the Telkamp Industrial Park. Notice of the auction was published twice in the Brookings Register, with the first being October 22nd and the second on October 29th. The surplus property is as follows: Lot Eight (8) in Block One (1) of Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota Lot Twelve (12) in Block One (1) of Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota Randy and Lujeanne Kjelden were the high bidders on both lots. The high bid on lot 8 was $20,000 or $15,151.52 per acre. The high bid on lot 12 was $15,500 or $9,117.65 per acre. The attached resolution authorizes the Mayor, City Manager and City Clerk to execute the real estate documents. Staff recommends approval. 39 City Council Packet November 23, 2010 Resolution No.101-10 Resolution Authorizing the Sale of Surplus Real Estate to Randy Kjelden and Lujeanne Kjelden Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City has declared the following described unimproved real property as surplus: - Lot Eight (8) in Block One (1) of Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota, and - Lot Twelve (12) in Block One (1) of Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota, and Whereas, an auction sale of the above-described property was conducted on November 4, 2010, and the highest bidder for both of the above-described parcels was Randy and Lujeanne Kjelden, and Whereas, Randy Kjelden and Lujeanne Kjelden have offered to purchase the above- described properties for the sums of $20,000.00 and $15,500.00, respectively, which the City of Brookings has determined is acceptable; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City convey title to the above-described property to Randy Kjelden and Lujeanne Kjelden following termination of the applicable referendum period; and B. That the Mayor, City Clerk and City Manager are authorized to execute the documents required to convey title of the above-described surplus real property to Randy Kjelden and Lujeanne Kjelden. Passed and approved on the 23rd day of November, 2010. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 40 City Council Packet November 23, 2010 CONSENT AGENDA #4 D. Action to schedule a special City Council Goal Setting Retreat for February 3, 2010. City Council action is required to hold a special meeting. The Council is scheduled to hold its annual Strategic Goal Setting Retreat on Thursday, February 3, 2010, at the Swiftel Center. 41 City Council Packet November 23, 2010 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 42 City Council Packet November 23, 2010 Open Forum / Presentations / Reports 7. 2010 Strategic Plan Update by City Manager. 2010 Strategic Plan City of Brookings, South Dakota 1) Airport Site Selection Following the approval of the Environmental Assessment (EA) by the Federal Aviation Commission (FAA) on the dual-track site selection process, the City Council will need to determine the future of the Brookings Municipal Airport (BKX). The dual-track site selection considers (A) a runway re-alignment leaving the airport at the current location or (B) re- location of the airport to a site located in Trenton Township. Action Steps: -Receive approval from the FAA of the EA. -Schedule and hold the required 45-day comment period on the EA. -Schedule and hold optional public open houses or other hearings on the EA. -Conduct the FAA-required public hearing on the EA. -Airport Board makes recommendation to City Council on preferred site. -City Council makes a final decision on preferred site. -Staff begins preparations for Airport Layout Plan (ALP) on selected site. UPDATE: The final site selection could be completed by year-end if the Council so desires. A possible decision could be made at a December meeting. All of the above action steps have been completed except for the initiation of the Airport Layout Plan (ALP) on the selected site. This step could have been initiated if the EA would have been approved by the FAA sooner. 2) 34th Avenue/20th Street Improvement Project This is a major street project involving the upgrade of 34th Avenue from Prince Drive to the Elkton/Sinai exit of Interstate-29. It includes the extension of 20th Street from 22nd Avenue east with an I-29 overpass to connect with 34th Avenue. This project will greatly improve vehicular/truck traffic and safety along the eastern industrial sector of Brookings while providing an alternative “ring route” for commuter traffic lessening the traffic burden on Highway 14 and I-29 exit 132. Action Steps: -Undertake/complete the DOT comprehensive city-wide transportation study. -Continue to update the informational brochure describing the project. -Continue to work with stakeholders, build stakeholder interest in the project. -Continue to lobby state and federal policy-makers about the project. -Plan for the financing and construction of Phase II of the project. 43 City Council Packet November 23, 2010 UPDATE: Recognized as a multi-year project, all action steps above have been completed or are in progress. Phase I of the construction project (re-construction of 34th Avenue from Hwy 14 to Prince Dr.) has been completed. The comprehensive city- wide transportation plan has been initiated and will be completed sometime during mid- 2011. Public support and lobbying for the project continues. Communications with state legislators, federal legislators, and state transportation officials is on-going. The final action step for Phase II was not started pending the outcome of the transportation plan but it is expected to be an action step for next year. 3) Swiftel Expansion Project Decision Analysis This project proposes to expand and modify the Swiftel Event Center with a $7-8 million improvement project by converting the existing meeting facilities into a comprehensive and expanded conference/meeting facility. The project will require the adjacent development of a hotel. Action Steps: -Identify, negotiate, and develop multiple options with private hoteliers for hotel development. -Analyze the options for hotel development. --Select the best option. --Commence plans for construction. -OR- -Reject all hotel options and terminate the expansion project. -Consider upgrade/improvement needs of the facility without the conference center. UPDATE: Efforts to attract a hotel were underway but had not yet produced any viable options by the time the City Council cancelled the project and removed it from the strategic plan. As a result, the third action step was executed. The fourth action step of considering upgrade improvements was done and continues in conjunction with the annual capital improvement process in a scaled-back scenario. 4) Construction of City/County Government Center This project involves the construction of a joint administrative government center for city and county functions located on Third Street between Fifth and Sixth Avenues. Action Steps: -Complete property acquisition process closing on properties by June 1. -Contract with architect. -Contract with construction manager. -Develop preliminary plan for Police Dept. modifications to City Hall. -Adopt Joint Powers Agreement; establish JP Board. -Initiate Historic Review Case Study on site. -Contract with demolition contractor for site clearance and demolition by July 1. -Undertake Schematic Design (SD) architectural phase. -Hold public open houses and solicit community input on exterior schematic design. -Undertake Design Development (DD) architectural phase. -Undertake Construction Document (CD) architectural phase. 44 City Council Packet November 23, 2010 -Advertise for bids. (depends upon adopted schedule) UPDATE: All action steps of this goal were completed except for the last two, development of construction documents and advertising for bids. These items will be undertaken in 2011due to the schedule and timing of previous steps. Tier 2 Construction Projects A) Main Avenue Railroad Safety Crossing Improvement Project Install crossing gates and other safety improvements on the DM & E/CP railroad crossing at Main Avenue. This is the first year of a phased, multi-year plan to install safety enhancements at all railroad crossings with the State DOT at one per year. Long-range improvements will consider a grade separation or railroad by-pass. UPDATE: The planning/engineering work was initiated but installation of gates will be delayed until 2011 due to the unanticipated complexity of the project involving the realignment of Front Street. This item provides for DOT funding of subsequent crossing gates on a schedule of one per year. B) Storm Drainage Infrastructure Improvements Construction of Project Priorities #1 and #2 of the Storm Drainage Master Plan; undertake preliminary planning for Project Priority #3. UPDATE: Projects #1 and #2 were completed with the minor exception of some landscaping on Project #2 which was planned to extend into 2011. Engineering work began on Project #3 as well as project #4 which was not envisioned in this plan. C) Nature Park Improvement Project Initiate and complete the Master Plan for the Nature Park project with approvals from the ad hoc committee, Park & Recreation Board, and City Council. Depending upon plan completion date, initiate construction of Nature Park improvements. UPDATE: This project was completed and adopted. Design work has been initiated for Phase I construction. D) SDSU Innovation Campus Infrastructure Project Complete the street and utility improvement project at the Innovation Campus. UPDATE: This project was completed. Tier 3 Policy Development Projects (Prioritized in descending order) 1. Hospital governance and community health care alignment issues 45 City Council Packet November 23, 2010 UPDATE: The Council discussed this issue several times but no specific policy initiatives have been advanced. Increased activity and financial reporting communication processes from BHS (as well as BMU) were put in place. 2. Re-packaging/updating of various economic development and related plans UPDATE: The Council discussed this issue several times and conducted self- assessment of economic development initiatives with information provided by the NLC. BEDC continues to update and improve the integration of the various economic development plans. 3. Development plan for entry corridor improvements on 6th Street UPDATE: Detailed planning work has continued with the assistance of two landscape architects involving signature architectural features as well as signage at strategic locations. This project has been spearheaded by a community task force so it not exclusively a City project, nor has the City acted as the project manager. The task force is currently narrowing design considerations and working with DOT officials where state right-of-way is concerned. Construction could occur in 2011depending upon task force progress. 4. Capitalize on opportunities to purchase land for economic development UPDATE: This project was completed with the purchase of the Foster farm. The City’s current inventory of available land for commercial-industrial development includes the Weise Business Park, Svennes Industrial Park, Foster Industrial Park, and one remaining parcel in the Telkamp Industrial Park. In aggregate, these areas consist of 164 acres which should serve our market for many years to come. 5. Study feasibility of south fire station location to improve response time UPDATE: This staff analysis is nearing completion and a report will be presented to the City Council on December 14. 6. Neighborhood parking issues; action on ad hoc parking committee report UPDATE: This goal is the subject of a task force that has met many times during the year. They have advanced one ordinance regulating parking so far. 7. Community sustainability issues UPDATE: An ad hoc committee representing a broad cross-section of the community has held two meetings to help identify and define local sustainability issues with the end goal of creating a Brookings Sustainability Council. The group is scheduled to hold one additional meeting to review the draft Sustainability Council’s Charter document. Formal creation by ordinance and volunteer appointments are planned for early 2011. 8. Consideration of PAC II funding request UPDATE: This item was intentionally delayed by the Council until more financial information was determined relative to the cost of the airport solution. It remains a priority consideration. 46 City Council Packet November 23, 2010 First Reading** 8. Ordinance No. 38-10: An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance. Public Hearing: December 14th ** 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. Proposal: Create regulations pertaining to the use, design, construction, and placement of small wind turbines. Background: Staff has been researching the various aspects of wind energy conversion systems for three years or more. Ordinances have bee adopted across the country, including South Dakota, that permit the use of wind turbines that supplement energy costs for residential, commercial, and industrial uses. The majority of the ordinances are written by counties for large rural wind energy conversion systems similar to Buffalo Ridge. Specifics: The ordinance proposed for the City of Brookings pertains only to small wind energy conversion systems or SWECS. The major elements of the ordinance involve the following: Districts – A SWECS is a conditional use in the I-1and I-2 Industrial Zones only. Definitions – Terms specific to the industry and a wind turbine structure are listed. Permits • Application process for a conditional use is detailed. • Application process for a building permit is detailed. Design – These characteristics are very similar to other tower regulations except for noise and certain mechanical features. Additional requirements – This section includes miscellaneous aspects commonly regulated by other jurisdictions. Section D.2. is related to the fact that South Dakota currently does not have a policy to allow individuals with solar or wind generators to sell the power back into the grid at fair rates. Setbacks – The setbacks simply refer to the “fall radius” of a tower. Recommendation: The Planning Commission voted 9 yes and 0 no to recommend approval of the zoning amendments. 47 City Council Packet November 23, 2010 Ordinance No. 38-10 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning Ordinance, shall be amended as follows: Section 1. Article IV. District Regulations Division 1. Generally Section 94-136 Industrial I-1 Light District (e) Conditional Uses 5. SWECS Section 94-162 Industrial I-2 Heavy District (e) Conditional Uses 18. SWECS Section 2. Article V. Conditional Uses Division 3. Standards Sec. 94-307 Wind Energy Conversion Systems (SWECS), Small: Small wind energy conversion systems shall comply with Section 94-367 Section 3. Section 94-367 Small Wind Energy Conversion System (SWECS) The purpose of this section is to permit the use of SWECS, as an accessory use only, in certain districts by establishing regulations pertaining to their location, construction and operation while protecting the public’s health, safety and welfare and maintaining the aesthetic integrity of the community. Any WECS that exceeds the parameters defined for a SWECS is prohibited within the City of Brookings 48 City Council Packet November 23, 2010 A. Definitions. The following definitions shall apply: Rotor Diameter – The diameter of the circle described by the moving rotor blades Shadow Flicker - A pulsating or intermittent light effect created when sunlight is interrupted at regular intervals by the spinning rotor blades of a wind turbine SWECS – A structure or device consisting of a wind turbine, tower, base and associated controls or electronics. A SWECS is characterized by having a total height of 125 feet or less, a swept area of 2,000 square feet or less and a peak performance of 100 Kw or less. SWECS Tower Height – The height of the tower, exclusive of the rotor blades SWECS Height, Total – The distance measured from the tower base at grade level to a blade tip positioned at its highest point Swept Area – The area, in square feet, of the circle created by the moving rotor blades Wind Turbine – A machine consisting of a generator, blades and tail that converts wind energy into kinetic energy for mechanical or electrical use. B. Conditional Use Permit required. An application for a conditional use permit to erect a SWECS shall be accompanied by a site plan, drawn to scale, showing the following information: 1. The legal description of the property 2. The scale of the plan and north arrow 3. The proposed location of the SWECS tower from all property lines and any overhead utility lines. 4. The design and total height of the SWECS depicted as an elevation view 5. The location, height, and use of all existing buildings on the site and on abutting parcels that are closer than 4 times the total SWECS height. 6. The location of all rights-of-way C. Permit Required. An application for a building permit is required prior to the construction of any SWECS. The following data shall be required before a permit is issued: 1. Compliance with applicable local, state and federal building, electric and safety codes. 2. The manufacturer’s assurance that, once the SWECS is operational, it will not produce electromagnetic interference that would disrupt transmissions from radio, television or microwave towers. 3. The manufacturer’s statement stating that the system has been successfully and safely operated in atmospheric conditions similar to those in the City of Brookings 49 City Council Packet November 23, 2010 D. Design Characteristics. The following design characteristics shall be part of any SWECS installed in the City of Brookings. 1. Towers shall be a monopole design only 2. The SWECS shall be off-white, light gray, or other similar neutral color and shall be non-reflective 3. No lighting shall be permitted except when required by a more restrictive regulation 4. The lowest point of any rotor tip shall not be less than 30 feet above the ground or less than 30 feet from any structure or tree. 5. Electrical controls, control wiring, and power lines shall be wireless or underground 6. Towers shall not have any climbing apparatus within 12 feet of the ground except when a 6 foot high fence with a locking gate is installed around the perimeter of the tower base. 7. SWECS shall have a mechanical braking system that serves as a shutdown mechanism 8. SWECS shall have a turbine governing system that includes blade pitching, tilting or furling. 9. SWECS shall not produce audible sound levels in excess of 60 dBA when measured at the property line of any property that contains an occupied building 10. SWECS shall have appropriate lightning protection for discharging electric energy to the ground E. Additional Requirements 1. Signs are prohibited on any portion of a SWECs except for warning information related to the maximum power output, nominal voltage and maximum current, and emergency shutdown procedures. 2. The commercial sale of power is prohibited. However, power may be transmitted to an electric grid of an electric utility company through an approved interconnection 3. Any SWECS found to be unsafe by the City shall be repaired by the landowner to meet all federal, state and local safety standards or removed within six (6) months. If any SWECS is not operational for a period of twelve (12) consecutive months or more, the city shall request, by certified mail, a response within 45 days from the landowner stating the reasons for the operational difficulty and a reasonable timetable for corrective action. If the City deems the timetable unreasonable, the landowner will be notified that the SWECS shall be removed at the expense of the landowner within 120 days of receipt of the notice. 4. A shadow flicker model shall be submitted demonstrating that shadow flicker will not fall on or in any adjacent occupied building or right-of-way. 50 City Council Packet November 23, 2010 F. Setbacks. 1. A minimum setback of 1.5 times the total SWECS height shall be maintained between the SWECS and any structure intended for human occupation. 2. A minimum setback of 1.1 times the total SWECS height shall be maintained between the SWECS and any property line, overhead utility line or pole or other tower structure. Section 4. Any or all ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2010 Second Reading: December 14, 2010 Published: December 17, 2010 CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 51 City Council Packet November 23, 2010 Planning Commission Brookings, South Dakota November 2, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on November 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Also present were Jim Weiss, John Mills, Jason Peterson, Wayne Wagner, City Manager Jeff Weldon, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #8 – The City of Brookings has submitted amendments to the zoning ordinance pertaining to wind energy conversion systems. (Cameron/Heuton) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #8 – Hanson summarized the specific elements of the ordinance. The draft had not been modified since the original review. DeKraai asked how much citizen interest had been shown for wind turbines. Hanson replied that only two or three citizens had contacted him. Heuton asked if a full radius of 1½ times the height of the turbine was too restrictive. Hanson responded that the number was common in other ordinances but could be reduced. The distance may have been related to providing a safety zone when a blade or turbine crashed into the ground. 53 City Council Packet November 23, 2010 Second Readings / Public Hearings 9. Public hearing and action on a temporary liquor license request for the Swiftel Center on the following dates: December 3 and 10, 2010. The Swiftel Center has applied for temporary liquor licenses for events on December 3rd and 10th. A recent law change now mandates all temporary alcohol licenses be approved by the City Council, including those for the city-owned Swiftel Center. Temporary licenses at the designated “convention” facilities had been handled administratively in the past. 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 November 23, 2010, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue, City of Brookings, will meet in regular session to consider Temporary Liquor Licenses for the Swiftel Center on December 3 and December 10, 2010. 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 10th day of November, 2010. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 54 City Council Packet November 23, 2010 Second Readings / Public Hearings 10. Public hearing and action on Resolution No. 102-10, a request to vacate the remaining portion of 12th Avenue down to 8th Street (the south 150 feet of 12th Avenue between 8th Street and 9th Street abutting lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of Lots 1, 2, and 3, Block 1, Wheaton Addition). Applicant: South Dakota State University Proposal: Close the remaining portion of 12th Avenue down to 8th Street Background: SDSU has been acquiring various parcels of land in this neighborhood over the last few years. Several street vacations have occurred as a result of this expansion. Specifics: SDSU is the sole owner of land abutting the proposed vacation. The city would need to retain all necessary easements for maintaining any existing utilities, and this would be accomplished through a separate document. Approval should be subject to the signing of the easement agreement. Recommendation: The Planning Commission voted 9 yes and 0 no to recommend approval of the street vacation subject to an easement agreement over the vacated portion. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 55 City Council Packet November 23, 2010 Resolution No. 102-10 Street Vacation Whereas, a petition to vacate has been filed with the City Clerk of the City of Brookings, and Whereas, the petition was filed in proper form and signed by one hundred percent (100%) of the adjacent property owners. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings: That the south 150 feet of 12th Avenue between 8th Street and 9th Street abutting lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of lots 1, 2, and 3, block 1, Wheaton Addition is hereby vacated subject to an easement agreement over the entire portion to be vacated. Passed and approved this 23rd day of November, 2010. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 56 City Council Packet November 23, 2010 Prepared by: City Engineer’s Office 311 3rd Ave. / PO Box 270 Brookings, South Dakota 57006 RIGHT-OF-WAY EASEMENT The undersigned, South Dakota State University, for itself and its successors and assigns, hereinafter referred to as "Grantor", for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant unto the City of Brookings, South Dakota, a Municipal Corporation, and its successors and assigns, hereinafter referred to as "Grantee," a right-of-way easement for utility purposes, located on, under, over, through, upon and across the premises of Grantor, described as follows: The south 150 feet of the vacated Twelfth Avenue between Eighth and Ninth Street abutting Lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of Lots 1, 2, and 3, Block 1, Wheaton Addition in the City of Brookings, County of Brookings, State of South Dakota This easement constitutes a permanent and perpetual grant of right-of-way for use of the above-described property for utility purposes and is hereby dedicated to use by the Grantor for utility purposes, but such dedication shall not be construed to be a donation of the fee of such land. This Easement shall run with the above-described property for the purposes set forth herein. Grantee agrees to repair any damages that may result to the Grantor’s property by the construction, maintenance, replacement, repair or removal of the utilities located within this Easement. This Easement includes the right of ingress and egress, to install, construct, maintain, use, operate, repair, alter, inspect and replace all utilities. IN WITNESS WHEREOF the Grantor has executed this Easement this _____ day of ___________, 2010. South Dakota State University, Grantor By: _________________________________ Its: _______________________________ 57 City Council Packet November 23, 2010 STATE OF SOUTH DAKOTA ) ) ss County of Brookings ) On this the ____ day of__________, 2010, before me, ____________________________, the undersigned officer, personally appeared _________________________, the ___________________________________________ of South Dakota State University, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the within and foregoing instrument on behalf of South Dakota State University, as the free act and deed of South Dakota State University. In witness whereof, I hereunto set my hand and official seal. ___________________________________ Notary Public, State of South Dakota My Commission expires _____________________. 58 City Council Packet November 23, 2010 Planning Commission Brookings, South Dakota November 2, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on November 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Also present were Jim Weiss, John Mills, Jason Peterson, Wayne Wagner, City Manager Jeff Weldon, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #5 - South Dakota State University has submitted a petition to vacate the south 150 feet of 12th Avenue between 8th Street and 9th Street abutting Lots 8, 9, and 10, Block 4, Randi Peterson’s Addition and the west 85 feet of Lots 1, 2, and 3, Block 1, Wheaton Addition. (Cameron/Fargen) Motion to approve the vacation. (Gustafson/Heuton) Amendment to the motion to add “subject to an easement agreement over the vacated portion”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Jim Weiss, representing SDSU, stated the university owned the land on both sides of 12th Avenue and wanted to complete the vacation. The north half of the street between 8th Street and 9th Street was vacated in 2008. The roadway would be removed after the vacation was finalized. 62 City Council Packet November 23, 2010 Second Readings / Public Hearings 11. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 63 City Council Packet November 23, 2010 Date: November 3, 2010 To: Mayor and City Council Members From: Jeffrey W. Weldon, City Manager Subject: 2010 Budget Amendment #2 Budget Amendment #2 in 2010 is requesting the Council to allow an increase in total revenue of $6,180,235 and an increase in expense of $1,648,752. The amendment breakdown by fund and department is as follows: Fund Rev Change Exp Change General Fund by Department Non-Departmental 114,594 1,127,833 Transfer Out 2,318,502 Gen Gov Buildings (72,900) Community Development (54,949) (50,949) Engineer (83,000) (10,573) Police 13,450 43,561 Fire 4,181 4,181 Street (49,000) Recreation 14,634 Parks 4,000 (189,000) Forestry 12,000 7,463 Total General Fund Change 24,910 3,129,118 Retail Development 314,500 25% Second Penny Sales Tax 109,000 33,000 75% Second Penny Sales Tax 445,791 500,125 Swiftel Center ( 96,000) (100,000) Library Fines 5,000 Industrial Park 10,000 Special Assessment 172,000 (590,000) Storm Drainage (3,303,602) (357,000) 3rd Penny Sales Tax (3,200) 4,250 Tax Increment Debt Service 38,784 40,606 Streetscape Project (136,414) Innovation Campus Project-TIF#1 1,793,502 (1,233,933) City/County Adm Building Project 6,224,000 206,000 Nature Park Project 100,000 60,000 Airport 335,050 (330,000) Landfill 350,000 137,500 Research & Technology Center (20,000) (34,000) Total Change by Fund 6,180,235 1,648,752 64 City Council Packet November 23, 2010 cluded within the non-departmental amendment is a reduction of $35,000 for consulting and ill be he transfers out of the General Fund includes a transfer to the SDSU Innovation Campus the of the ithout the transfers out to other funds and the purchase of property for the industrial park he advance in 2008 to the Streetscape project for $100,000 is being transferred back to the he Retail Development fund was holding the debt reserve for the 2005 bond in the amount of he end result of the budget amendment for the 75% Second Penny Fund is the City is were ithin the Storm Drainage Fund the City budgeted in 2010 to bond the majority of the s ing he Third Penny Fund is projected to receive revenues of 6% less than the 2010 budgeted In engineer expense as the traffic study budgeted in 2010 will not be completed until 2011. The 2011 budget will need to be amended for payment of the traffic study. There is an increase to the expense line to recognize the purchase of land for the industrial park which was budgeted in 2010 to be paid for in installments however as the land purchase agreement was reached the seller decided he wanted payment in full at the time of the closing ($1,546,783). We are also closing the Streetscape project and transferring the contingency back to the general fund $225,094 and $100,000 to the 25% second penny fund. Other money from the project w held within the general fund liability accounts until litigation is done and disbursed accordingly. T project fund of $1,793,502, the Nature Park project of $50,000 which was budgeted within parks department in 2010, and a transfer to the Airport Fund to cover the negative cash balance at the end of 2009 of ($386,890). This was caused by two factors. The purchase Pietz property for $275,000 on December 28, 2009 and grant reimbursement lags. W the General Fund would have been lowering the expenses budgeted in 2010 by ($736,167). T 25% Second Penny fund. The old fire range is being moved because of the Nature Park development and therefore we are requesting an increase in the expense line to fund the purchase of a building for the new fire range at the Landfill. T $314,500. At the time the refinancing of the bonds was done the debt reserve was transferred to the 75% second penny fund and used to pay down the debt. T anticipating using $54,334 of the cash. There are savings of $919,000 for projects which bid less than anticipated and the ice arena floor was cancelled. There is another $750,000 which will not be spent in 2010 as anticipated. The airport design and the sewer extension have been pushed out to future years. W projects. After more information was made available about options for the funding it wa decided to use the State Revolving Loan program and will be done in stages. We are reduc the bond proceeds from $3,720,738 to $400,000 in 2010 and pro-rating the expenses for the 4 projects, Garden Square, Southland, Camelot, and Pheasants Nest. T figure. We are recommending adjusting the sales tax revenue accordingly and recognizing additional revenue generated by interest income. 65 City Council Packet November 23, 2010 The budget amendment for the Tax Increment Debt Service Funds is to recognize the revenue generated by property taxes per tax increment laws. The expense budgeted is estimated principal and interest on the tax increment debt. The City acts as a pass through for these activities. We are not liable to pay the debt if the tax increment district does not generate sufficient taxes to pay the principal and interest due. However the City must recognize the debt for the tax increment districts when calculating the Cities debt capacity. The budget amendment for the Innovation Campus Project is recognizing the transfer from the General Fund to the Innovation Campus in the amount of $1,793,502 and reducing the expense lines for the project by $1,233,933. The project was bid lower than anticipated and the project received stimulus dollars which will not have to be paid back. The City/County Administrative Fund is being amended to recognize the bond proceeds of $6 million and the County reimbursement of expenses in 2010. We are amending the budget to recognize expenditures within the project fund that are anticipated to be made in 2010. With the acceptance of the Nature Park Master Plan on August 24th there is a need to create a capital project for the new Nature Park. The amendment is recognizing the $50,000 transfer from the General Fund where it was budgeted in 2010. It is also recognizing a donation of $50,000. For expenses in 2010 we are amending the budget for the design. In addition to addressing the cash flow issue for the Airport Fund the amendment is reducing expenses by $118,500 because there will be no law enforcement officers in 2010 to reimburse and the building budgeted in 2010 for $80,000 will not be built. The airport design for $250,000 is being pushed out to 2011. The new trench at the landfill was budgeted to cost $800,000 in 2010. The bid was $1.1 million and we are adjusting the budget accordingly. We are recognizing the grant received of $350,000. Expenses for the landfill are also being reduced by $275,000 in 2010. The trommel screen and the skid steer were pushed to 2011. The Research and Technology Centers rent is being reduced by $20,000 because of vacancies. We are also postponing building improvements and reducing the capital expenditure in the amount of $34,000. 66 City Council Packet November 23, 2010 Ordinance No. 37-10 An Ordinance Entitled “An Ordinance Authorizing a Supplemental Appropriation to the 2010 Budget for the Purpose of Providing for Additional Funds for the Operation of the City. Be It Ordained By the City of Brookings, South Dakota: Whereas, there is a need to adjust the 2010 budget to respond to the actual revenues and expenditures in fiscal year 2010, And Whereas, the inter-fund transfer from the General Fund to the Innovation Campus project needs to be recognized per resolution 52-09, May 26, 2009, And Whereas, the Airport purchased property per resolution 121-09, dated December 08, 2009, and needs an additional inter-fund transfer to cash flow, And Whereas, grant revenues and expenditures for Safe Routes to School, Resolution 12-09, Airport grant money for fence project, Resolution 19-10, Regional Landfill grant, Resolution 37- 10, Waste tire grant, Resolution 74-10, Cops Grant, Resolution 94-10, and Fire Department training grants dated Feb 10 & April 10, need to be recognized, And Whereas, April 6, 2010 council approved the purchase of land for future industrial land use purposes, And Whereas, the grant per Resolution 58-10, a donation and the expenditure to improve the Lions Park needs to be recognized, And Whereas, the bond proceeds and expense for the refinancing of the 2001, 2003, 2005 bonds and the additional $6 million dollars for the City/County administrative building project approved by Resolution 72-10, and a portion of the expenses for the city/county administrative building needs to be recognized, And Whereas, the grant application was approved by the Council per resolution 69-09 and the Nature Park Master Plan accepted on August 24, 2010 the capital project fund needs to be created and budgeted in 2010, And Whereas, the Swiftel Center arena lighting project and the Innovation Campus project where bid lower than anticipated, the Ice Arena floor project was cancelled, creating a savings And Whereas, the design of the airport, and a building at the airport was cancelled and the sewer extension was postponed, And Whereas, the landfill bid for the trench project was more than anticipated and capital equipment cost less than anticipated, and the purchase of the trammel screen was postponed, 67 City Council Packet November 23, 2010 And Whereas, Council approved Resolution 38-10, Resolution 58-10, Resolution 68-10, Resolution 69-10, and Resolution 84-10 for the financing and expenses for projects 1, 2, 3, & 4 within Storm Drainage and there is a need for the revenue and expenses to be pro-rated, And Whereas, the debt service funds for the tax increment districts 1, 3, & 4 needs to be created and tax increment district 2 closed per Resolution 08-10 and funds returned to Brookings County for distribution, And Whereas, the Streetscape Project has been completed and needs to be closed and added to the City’s infrastructure, And Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2010 Budget: Budget Amendment #2 Revenue Expense Other-Non-Dept, Gen Gov Buildings 114,594 3,373,435 Public Safety-Police, Fire, Animal Control 17,631 47,742 Public Works-Comm Dev, Engineer, Street (137,949) (110,522) Culture & Recreation- Park,Rec,Forestry,Library 30,634 (181,537) Total General Government 24,910 3,129,118 Retail Development 314,500 25% Sales & Use Tax 109,000 33,000 75% Public Improvement 445,791 500,125 Swiftel Center (96,000) (100,000) Library Fines 5,000 Industrial Park 10,000 Special Assessment 172,000 (590,000) Storm Drainage (3,303,602) (357,000) 3rd B Sales & Use Tax (3,200) 4,250 Total Special Revenue (2,666,011) (190,125) TIF#1 Innovation Campus Debt Service 24,300 24,300 TIF#2 Wiese Debt Service 680 2,502 TIF#3 Valley View Addition 2,346 2,346 TIF#4 Sieler Addition 11,458 11,458 68 City Council Packet November 23, 2010 Total TIF Debt Service Funds 38,784 40,606 Streetscape 325,094 City/County Administrative Building 6,224,000 206,000 Nature Park 100,000 60,000 Total Capital Projects 6,324,000 591,094 Airport Fund 335,050 (368,500) Landfill 350,000 137,500 Research & Technology Center (20,000) (34,000) Total Enterprise Funds 665,050 (265,000) All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 9, 2010 Second Reading: November 23, 2010 Published: November 26, 2010 CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST ____________________________ Shari Thornes, City Clerk 69 User:Printed:Period:FundNot issuing resturant license in 2010Closing Streetscape Project-Contingency101-000-6-700-03 Transfer in from 25% Sales & Use Tax 910,674.00 33,000.00 943,674.00 Fire range building @ landfill101-000-6-700-04 Transfer in from 75% Sales & Use Tax 1,385,000.00 -125,000.00 1,260,000.00 Ice Arena Floor cancelled-18,500.00Amended Budget0.000.002,428,768.00225,094.002,428,768.001 to 9, 2010R60 Sub Totals: 18,500.00133,094.00Revenue Sub Totals: 2,314,174.00114,594.00R99 Sub Totals: 2,295,674.00225,094.00R99Transfers101-000-6-700-00Transfer in from Streetscape Project0.00GeneralBudget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMR60 Licenses & Permits-18,500.00101-000-4-221-07 Licenses/Resturant Liquor 18,500.00Description101General GovernmentDept101-000DeptBalance after distribution of Performance Pay101-405-5-422-03 Consulting/Engineering 50,000.00 -35,000.00 15,000.00 Traffic Study moved to 2011Credit Card fees general fund.No grantPurchase of Foster Property0.00650.000.0015,650.001,546,783.001,546,783.001,562,433.001,562,433.002,428,768.002,428,768.000.00Dept 101-417Government BuildingsE20Capital Expense2,314,174.001,127,833.00Dept 405 Sub Totals:434,600.001,127,833.00Expense Sub Totals:434,600.00E20 Sub Totals:366,000.001,180,783.001,180,783.00E20Capital Expense101-405-5-910-00Land366,000.00E10 Sub Totals:65,000.00-49,350.00101-405-5-856-96Matching Grant Expense15,000.00-15,000.00101-405-5-429-09Miscellaneous-CC Fees0.00650.00E10Operating Expense-3,600.00E01 Sub Totals:3,600.00-3,600.00101-405-5-856-61Performance Pay3,600.00101-405Non-DepartmentalE01Personnel Exp Incl Benefits114,594.00Dept 000 Sub Totals:Revenue Sub Totals:2,314,174.00114,594.00Page 1 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionActivity Center Roof only.ADA entrance cancelledEast Fire Station pushed to 2011101-417-55-920-000Equipment-Copier Lease3,000.001,100.004,100.00 New leaseRepair of wiring cityhall PDSharol implemented20,000.0011,967.0036,067.0036,067.0036,067.00Dept 101-418Community Development-72,900.00Dept 417 Sub Totals:108,967.00-72,900.00Expense Sub Totals:108,967.00-65,000.00101-417-5-911-00Buildings & Structures85,000.00E20 Sub Totals:108,967.00101-417-5-950-01Capital less that $5,00020,967.00-9,000.00-72,900.00R50Grants State101-418-4-334-09Grants State66,449.00-48,949.0017,500.00Housing license downSharol implemented101-418-5-911-00Buildings6,000.00-2,000.00 4,000.00Shingling roof project lessBuilding Permits downEmployee switched plans31,500.0017,500.0021,500.0021,500.00-10,000.0072,000.0072,000.0072,000.0041,000.0014,000.0014,000.00E01Personnel Exp Incl Benefits9,427.00101-419-5-123-00Group Insurance31,573.00R70Fees101-419-4-223-01Building Permits/Engineer Fees155,000.00R70 Sub Totals:155,000.00-83,000.00Revenue Sub Totals:155,000.00-83,000.00-83,000.00Revenue Sub Totals:86,449.00-54,949.00E10Operating ExpenseE10 Sub Totals:72,449.00101-418-5-441-04Safe Routes to School66,449.00-48,949.00Dept 101-419EngineeringDept 418 Sub Totals:-14,000.00Expense Sub Totals:72,449.00-50,949.00-50,949.004,000.00-6,000.00R60 Sub Totals:20,000.00R60Licenses & Permits101-418-4-221-06Housing Licenses20,000.00-6,000.00R50 Sub Totals:66,449.00-48,949.0017,500.00Page 2 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionReduce expenseRecognize COPS GrantCops Grant nt41,000.000.000.0041,000.00-31,000.0030,000.0010,000.00101-421-4-334-09Grants20,000.00Dept 101-421Police ServicesR50Grants StateDept 419 Sub Totals:-103,427.00-20,000.00Expense Sub Totals:51,573.00E20 Sub Totals:20,000.00E01 Sub Totals:31,573.009,427.0072,427.00-20,000.00E20Capital Expense101-419-5-920-00Equipment20,000.00-10,573.00Recognize addn'l revenueCOPS Officer 2 monthsCOPS Officer 2 monthsCOPS Officer 2 monthsCOPS Officer 2 monthsFire Range Building @ landfillTraining GrantBuilding0.0033,000.0033,000.00101-421-5-911-0030,000.0011,950.0011,950.0041,950.001,557,775.00131,010.00132,323.00321,862.002,175,970.002,175,970.002,134,020.000.004,181.00Expense Sub Totals:2,132,409.004,181.000.00101-422-4-334-09Grants0.00R50Grants State101-422-4-334-06Capital Grant0.0043,561.00E01 Sub Totals:2,132,409.00Dept 101-422Fire Protection Services43,561.00Dept 421 Sub Totals:2,103,909.0030,111.00Personnel Exp Incl Benefits101-421-5-101-00Regular Pay1,550,920.006,855.00E01101-421-5-123-00Group Insurance319,230.002,632.00101-421-5-121-09Retirement131,774.00549.00525.00101-421-5-120-00FICA130,485.00Revenue Sub Totals:28,500.0013,450.00R50 Sub Totals:20,000.00R70Fees101-421-4-664-00Sale of Fixed Assets8,500.00R90Miscellaneous3,450.0010,000.00R90 Sub Totals:8,500.003,450.00Page 3 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionTraining Grant reimbursementTraining Grant reimbursementTraining Grant reimbursement170,538.00170,538.004,181.004,181.004,181.00101-422-5-101-00Regular Pay168,788.001,750.00E01 Sub Total168,788.001,750.00E10Operating ExpenseRevenue Sub Totals:0.004,181.004,000.00R50 Sub Totals:0.00E01Personnel Exp Incl Benefits101-422-5-422-07Contracting Services1,750.005,750.00101-422-5-427-01Travel & Lodging15,000.00681.0015,681.00E10 Sub Total19,000.002,431.0021,431.00Expense Sub Totals:187,788.004,181.00 191,969.00Orchard St Signal Match 9,000/BMU billing101-431-5-920-00Equipment-StreetscapeStreetscape/Sign, tables & benches34th next yr n street & sidewalk(5,000)Recognize addn'l revenue360,000.00360,000.00459,500.00498,500.00858,500.00858,500.00161,743.00161,743.00187,788.00E2011,743.00Dept 101-451RecreationR70Fees101-451-4-446-02Swimming Pool FeesR83SalesR70 Sub Totals:150,000.00Dept 101-431Street101-431-5-428-04Street Lights & Traffic SignalsDept 422 Sub Totals:187,788.000.00345,000.0015,000.00Capital ExpenseE10 Sub Totals:345,000.0015,000.00Dept 431 Sub Totals:11,743.00-49,000.00-49,000.00150,000.000.0039,000.00 39,000.00907,500.00-64,000.00Expense Sub Totals:907,500.00E20 Sub Totals:562,500.00101-431-5-960-00Street & Sidewalk Improvements562,500.00-103,000.00Page 4 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionRecognize addn'l revenueLions Park Improve Donation4,000.004,000.0032,891.0032,891.00194,634.00194,634.004,000.004,000.000.004,000.00101-452-4-446-18 Ice Arena Donations 0.00R75 Donations101-452-4-446-10 Donations 0.004,000.00Revenue Sub Totals:0.004,000.0030,000.002,891.00Revenue Sub Totals:180,000.0014,634.00101-451-4-346-04Aquatic Center Concessions30,000.002,891.00R83 Sub Totals:14,634.00Dept 101-452ParksDept 451 Sub Totals:180,000.004,000.00R75 Sub Totals:Ice Arena Floor CancelledMove to Nature Park Proj FundRecognize addn'l revenueInsurance increase by classification12,456.0023,403.001,000.0036,859.0036,859.0032,859.0022,000.0022,000.0022,000.0025,829.0069,552.00101-454-5-130-00Workmans Compensation6,366.0019,463.00E01 Sub Totals:62,089.007,463.0012,000.00R90Miscellaneous101-454-4-441-08Reimbursed Expense10,000.00E01Personnel Exp Incl Benefits12,000.00Revenue Sub Totals:10,000.0012,000.00R90 Sub Totals:10,000.00-189,000.00E20 Sub Totals:225,859.00Dept 101-454ForestryDept 452 Sub Totals:225,859.00Expense Sub Totals:225,859.00-189,000.00-193,000.00101-452-5-911-00Building & Structures137,456.00-125,000.00E20Capital Expense-50,000.00101-452-5-940-00Other Capital73,403.00101-452-5-960-00Street & Sidewalk Improvements15,000.00-14,000.00101-454-5-101-01Temporary Pay15,000.00-5,000.0010,000.00101-454-5-123-00Group Insurance40,723.00-7,000.0033,723.00Page 5 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionPietz property purchased Dec 09/n Cashflow101-495-7-899-26Transfer Out-TIF#1 Innovation Campus1,793,502.00 1,793,502.00 Transfering to Innovation Campus ProjectTransfering to Nature Park Project Fund0.0047,552.00690,000.0050,000.002,533,502.002,533,502.0069,552.00475,000.00E60Transfers101-495-7-899-01Transfer out to Airport215,000.002,318,502.00Expense Sub Totals:215,000.002,318,502.00E60 Sub Totals:215,000.00101-495-7-899-27Transfer Out-Nature Park Capital Proj0.0050,000.00Dept 101-495Non-DepartmentalExpense Sub Totals:62,089.007,463.00Dept 454 Sub Totals:52,089.00-4,537.00Foster 1,546,783/Pietz 275,000/andInnovation Campus $1,793,502FundTotaling $3,615,285Debt Reserve/RefinancingFundRecognize addn'l income9,000.002,533,502.002,799,033.007,527,352.004,728,319.00314,500.00314,500.00314,500.00314,500.00314,500.0021225% Sales & Use Tax/ordR73Interest Income212-000-4-661-000Interest Income0.009,000.00211-000-7-899-20Transfer out to Public Improv-2130.00E60Transfers314,500.00Expense Sub Totals:0.00314,500.00E60 Sub Totals:0.00314,500.00Dept 212-000GeneralFund 211 Sub Totals:0.00211'Retail Development Invest FundDept 211-000GeneralFund 101 Sub Totals:1,624,111.003,104,208.00Fund Expense Sub Totals:4,398,234.002,318,502.00Fund Revenue Sub Totals:2,774,123.00Dept 495 Sub Totals:215,000.003,129,118.0024,910.00Page 6 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescription0.009,000.00 9,000.00Closing Streetscape/returning transfer0.00100,000.00 100,000.00Fire range building @ landfillFundE60Transfers212-000-7-899-00Transfer out General Fund910,674.0033,000.00 943,674.00100,000.00834,674.00R73Interest Income21375% Public Improvemnts/ordDept 213-000GeneralR99Transfers212-000-6-700-00Transfer in from Streetscape Project0.00100,000.00E90 Sub Totals:Dept 212 Sub Totals:910,674.00-76,000.00E73 Sub Totals:Revenue Sub Totals:0.00109,000.00 109,000.00Recognize addn'l revenueBond ProceedsDebt Reserve from Fund 211/Refinancing 2010Refinancing 2001, 2003, & 2005 Bonds Refinancing 2001, 2003, & 2005 Bonds Refinancing 2001, 2003, & 2005 Bonds 75,000.0056,291.0056,291.00314,500.000.00314,500.00445,791.0037,000.0037,000.00458,000.00326,448.003,691,311.004,475,759.0075,000.00E60TransfersE40 Sub Totals:2,343,634.002,132,125.00-292,986.00213-000-5-470-03Debt Service Costs1,200.003,690,111.00-1,265,000.00213-000-5-470-02Bond Interest Payments619,434.00E40Debt Services213-000-5-470-01Bond Principal Payments1,723,000.00213-000-5-911-01Railroad Crossing Arms0.0037,000.00445,791.00E20Capital ExpenseRevenue Sub Totals:0.000.00R99 Sub Totals:0.00314,500.0037,000.00E20 Sub Totals:0.0056,291.00R73 Sub Totals:0.0075,000.00314,500.00213-000-6-700-03Transfer in Sales & Use Tax0.0056,291.00R99Transfers213-000-6-700-00Transfer In-Retail Fund0.00R90 Sub Totals:0.00213-000-4-663-50Bond Proceeds0.0075,000.00213-000-4-661-00Interest Income0.00R90MiscellaneousPage 7 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionIce Arena Floor cancelled -125,000Wildlife assessment only in 2010Savings on Arena Lighting ProjectProject less than projectedProject cancelledRevenue Sub Totals: 0.00 445,791.00 445,791.00Fund44,880.00309,869.000.000.00920,749.005,433,508.004,987,717.00566,000.00Fund 213 Sub Totals:4,933,383.0054,334.00224Swiftel CenterR99Transfers-1,669,000.00Expense Sub Totals:4,933,383.00500,125.00E60 Sub Totals:2,589,749.00213-000-7-899-29Transfer out SA Sewer Exten500,000.00-500,000.00-694,000.00213-000-7-899-27Transfer out Innovation Campus694,000.00-250,000.00213-000-7-899-03Transfer out-Swiftel CIP409,869.00-125,000.00213-000-7-899-01Transfer Out to Airport294,880.00213-000-7-899-00Transfer out General Fund691,000.00-100,000.00Savings from Arena lighting projectUncle Sam JamSavings from Arena lighting projectFundPrograming Expenses for adults and children609,869.0018,378.00628,247.00628,247.00309,869.00309,869.00309,869.00628,247.00309,869.00-318,378.0040,000.005,000.00Library Fines226-000-5-899-99Other Expenses35,000.00226E20Capital Expense224-000-5-940-01Capital409,869.00-4,000.00Fund 224 Sub Totals:-314,378.00-96,000.00Fund Expense Sub Totals:409,869.00-100,000.00Expense Sub Totals:409,869.00-100,000.00Fund Revenue Sub Totals:724,247.00-96,000.00Revenue Sub Totals:724,247.00R99 Sub Totals:724,247.00-96,000.00-100,000.00-100,000.00-100,000.00E20 Sub Totals:409,869.00224-000-6-700-13Transfer in 3rd B14,378.004,000.00224-000-6-700-04Transfer in Sales & Use Tax709,869.00Page 8 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundSale of land40,000.0040,000.0040,000.0010,000.0010,000.0010,000.00278-000-4-664-00Sale of Fixed Assets0.0010,000.0010,000.00R90 Sub Totals:0.00Revenue Sub Totals:0.0010,000.005,000.00278Industrial ParkDept 278-000GeneralR90MiscellaneousE10 Sub Totals:35,000.005,000.00Fund 226 Sub Totals:35,000.00Expense Sub Totals:35,000.005,000.00FundBilling from previous year projectsSidewalk work no alley's No project732,000.000.000.00732,000.000.0020,000.000.0020,000.0010,000.00732,000.0010,000.00E20 Sub Totals:610,000.00-590,000.00-90,000.00280-000-5-960-04Sewer Line Extension500,000.00-500,000.000.00280-000-5-960-00Street & Sidewalk Improvements110,000.00172,000.00E20Capital Expense280-000-5-950-01Capital less than $5,0000.00Revenue Sub Totals:560,000.00R99 Sub Totals:500,000.00-500,000.00280-000-6-700-20Transfer in-Sales & Use Tax500,000.00-500,000.0010,000.00R01 Sub Totals:60,000.00672,000.00R99TransfersFund Revenue Sub Totals:0.0010,000.00672,000.00280-000-4-663-43Special Assessment Deferred60,000.00280Special AssessmentDept 280-000GeneralR01Property,MH, Franchise TaxFund 278 Sub Totals:0.00Page 9 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundSRF Loan draw ytd20,000.00732,000.0020,000.00-712,000.00400,000.00400,000.00-3,320,738.00R70Fees-3,320,738.00R30 Sub Totals:3,720,738.00R30State282-000-4-663-50Proceeds SRF Loan3,720,738.00-762,000.00282Storm DrainageDept 282-000GeneralFund 280 Sub Totals:50,000.00172,000.00Fund Expense Sub Totals:610,000.00-590,000.00Fund Revenue Sub Totals:560,000.00-590,000.00Expense Sub Totals:610,000.00Recognize addn'l revenuePro rated Proj 1 & 2 & 3 Garden Sq, Southland, Camelot, Pheseant 753,000.00125,816.00125,816.00525,816.00223,000.0090,000.00313,000.00440,000.00440,000.00753,000.00525,816.00Expense Sub Totals:1,110,000.00-357,000.00-357,000.00Fund Expense Sub Totals:1,110,000.00Fund Revenue Sub Totals:3,829,418.00-3,303,602.00Dept 000 Sub Totals:E20Capital ExpenseE10 Sub Totals:110,000.00203,000.00-560,000.00E20 Sub Totals:1,000,000.00-560,000.00282-000-5-980-00Storm Sewer Improvements1,000,000.00E10Operating Expense282-000-5-422-03Consulting/Engineering50,000.0030,000.00282-000-5-425-10Maintenance Storm Sewer60,000.00173,000.0017,136.00282-000-4-112-03Drainage Fees/Direct Billing108,680.0017,136.00R70 Sub Totals:108,680.00Revenue Sub Totals:3,829,418.00-3,303,602.00R70FeesPage 10 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundRevenue 6% less than last year ytdRecognize addn'l income227,184.00635,000.00635,000.001,800.001,800.00636,800.00E30SubsidiesR73 Sub Totals:0.001,800.00-3,200.00Revenue Sub Totals:640,000.00284-000-4-661-01Money Market Interest Income0.001,800.00R73Interest Income-5,000.00R10 Sub Totals:640,000.00-5,000.00284-000-4-113-01Sales & Use Tax640,000.002843rd Penny Sales TaxDept 284-000GeneralR10Sales & Use TaxFund 282 Sub Totals:-2,719,418.002,946,602.00Reimburse trademark filing feeUncle Sam Jam Fund150,250.0018,378.0018,378.00168,628.00636,800.00168,628.00-468,172.0024,300.0024,300.0024,300.00150,250.00Fund 284 Sub Totals:-475,622.00-3,200.00Fund Expense Sub Totals:164,378.0024,300.00Revenue Sub Totals:0.0014,378.00E60TransfersE30 Sub Totals:150,000.0024,300.00E60 Sub Totals:14,378.004,000.00R02 Sub Totals:0.0024,300.00R02TIF Taxes314-000-4-111-04Current TIF Taxes0.007,450.00314TIF Dist #1 Debt Serv/InnovDept 314-000General250.00284-000-5-429-21Chambers Visitors Bureau150,000.004,250.00Fund Revenue Sub Totals:640,000.004,250.00Expense Sub Totals:164,378.00250.004,000.00284-000-7-899-03Transfer out to Swiftel CenterPage 11 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund24,300.0024,300.000.000.0024,300.0024,300.0024,300.000.00315TIF Dist #2/Debt Serv/WeiseFund 314 Sub Totals:0.0024,300.00Fund Expense Sub Totals:0.0024,300.00Fund Revenue Sub Totals:0.00Expense Sub Totals:0.0024,300.0024,300.00E40 Sub Totals:0.0024,300.000.00314-000-5-602-00Interest Payment0.00E40Debt Services314-000-5-601-00Principal Payment0.00FundTIF District closed/returned to CountyFund680.00680.00680.002,346.002,502.002,502.001,822.002,346.00R02 Sub Totals:0.002,346.002,346.00R02TIF Taxes316-000-4-111-04Current TIF Taxes0.001,822.00316TIF Dist #3 Debt Serv/MeadowsDept 316-000GeneralFund 315 Sub Totals:0.00680.00680.00Revenue Sub Totals:0.00680.00R02 Sub Totals:0.00R02TIF Taxes315-000-4-111-04Current TIF Taxes0.002,502.00Expense Sub Totals:0.00E40Debt Services315-000-5-601-00Principal Payment0.002,502.00315TIF Dist #2/Debt Serv/WeiseDept 315-000GeneralPage 12 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund2,346.002,346.000.0011 458 00E40Debt Services316-000-5-602-00Interest Payment0.002,346.002,346.00Expense Sub Totals:0.002,346.0011 458 00317 000 4 111 04CtTIFT000317TIF Dist #4 Debt Serv/SielerDept 317-000GeneralR02TIF TaxesFund 316 Sub Totals:0.000.00Fund Revenue Sub Totals:0.002,346.00Revenue Sub Totals:0.002,346.002,346.00Fund11,458.0011,458.0011,458.00-461,508.00E60Transfers11,458.0011,458.000.000.0036,000.000.0036,000.0011,458.0011,458.00E20 Sub Totals:497,508.00513-000-5-940-02Sewer and Water0.000.00-325,094.00513-000-5-940-00Streets and Sidewalks172,414.00-136,414.00513-000-5-856-99Streetscape Contingency325,094.00R50Grants State513Streetscape ProjectDept 513-000GeneralE20Capital Expense0.0011,458.000.00Fund 317 Sub Totals:0.0011,458.00Fund Revenue Sub Totals:0.00Fund Expense Sub Totals:0.0011,458.0011,458.00317-000-4-111-04Current TIF Taxes0.00Revenue Sub Totals:E40Debt Services317-000-5-602-00Interest Payment0.00Expense Sub Totals:0.0011,458.00Page 13 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund225,094.00513-000-7-899-00 Transfer out General Fund 0.001,793,502.001,793,502.001,793,502.00225,094.00325,094.00361,094.001,793,502.00E20Capital ExpenseRevenue Sub Totals:0.00514-000-6-Transfer in GF0.001,793,502.00R99 Sub Totals:0.001,793,502.00General325,094.00Fund 513 Sub Totals:497,508.00-136,414.00Fund Expense Sub Totals:0.00514TIF Dist #1 Project/InnovationDept 514-000R99Transfer0.00513-000-7-899-Transfer out Sales & Use 100,000.00 100,000.00FundCounty ReimbursementsBond Proceeds6,224,000.006,224,000.00348,000.006,000.00224,000.006,000,000.00327,150.001,464,481.00127,500.001,919,131.001,919,131.001,793,502.001,919,131.00125,629.00200,000.00518-000-5-429-09Miscellaneous0.006,000.00518City/County Admin BuildingDept 518-000GeneralE10Operating Expense518-000-5-422-03Consulting/Engineering0.00Revenue Sub Totals:0.006,224,000.006,000,000.00R90 Sub Totals:0.006,224,000.00224,000.00518-000-4-653-50Bond Proceeds0.00518-000-4-441-08County Reimbursement0.001,793,502.00Fund Revenue Sub Totals:0.00-1,233,933.00Expense Sub Totals:-1,233,933.00Fund 514 Sub Totals:3,153,064.00-3,027,435.00Fund Expense Sub Totals:3,153,064.003,153,064.00-1,233,933.00E20 Sub Totals:3,153,064.00514-000-5-450-08Designing Fees330,395.00-202,895.00-613,188.00514-000-5-429-10Storm Drainage-Sewer-Water745,000.00-417,850.00514-000-5-433-01Street-Curb-Gutter Expense2,077,669.00E20Capital Expense,,Page 14 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundRecognize revenue50,000.000.00354,000.00354,000.006,224,000.00354,000.00-5,870,000.00-6,018,000.00519 Nature ParkDept 519-000 GeneralFund 518 Sub Totals: 0.0050,000.00R75 Donations519-000-4-446-10 Donations 0.006,224,000.00Fund Expense Sub Totals:0.00206,000.00Fund Revenue Sub Totals:0.00206,000.00Expense Sub Totals:0.00206,000.00E10 Sub Totals:0.00518-000-5-450-08Designing Fees0.000.00Recognize revenueTransfering to capital projectDesign N surveyingFund-40,000.0050,000.0050,000.00100,000.0060,000.0060,000.0060,000.00100,000.0060,000.00606 AirportDept 606-000 GeneralE20 Capital Expense519-000-5-940-00 Park Development 0.00-40,000.00Fund 519 Sub Totals:0.00100,000.00Fund Expense Sub Totals:0.0060,000.00Fund Revenue Sub Totals:0.0060,000.00Expense Sub Totals:0.0060,000.0060,000.00E20 Sub Totals:0.0050,000.00Revenue Sub Totals:0.00100,000.0050,000.00R75 Sub Totals:0.00519 000 4 446 10Donations0.00519-000-6-700-00Transfer in General Fund0.0050,000.0050,000.00R99 Sub Totals:0.0050,000.0050,000.00pPage 15 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionGrant reimbursementsPietz property and cashflow690,000.000.000.00509,600.00509,600.006,992.004,738.0011,730.00606-000-4-861-09Miscellaneous0.004,738.00475,000.00R99Transfers606-000-6-700-00Transfer in General Fund215,000.00R90 Sub Totals:19,400.00-7,670.00-12,408.00R90Miscellaneous606-000-4-441-08Reimbursed Expense19,400.00R40CountyR50 Sub Totals:637,380.00-127,780.00-127,780.00R50Grants State606-000-4-334-09Grants637,380.00-4,500.00R40 Sub Totals:4,500.00-4,500.00606-000-4-812-00Airflight Taxes4,500.00LEO reimbursementBuilding cancelledWildlife Assessment onlyFundRegional Landfill grant/Waste tire grant350,000.00690,000.001,211,330.000.000.00440,000.0045,500.00485,500.00485,500.001,211,330.00485,500.00-725,830.00R50Grants State625Landfill350,000.00625-000-4-334-09Grants0.00Expense Sub Totals:854,000.00-368,500.00E20 Sub Totals:815,500.00-330,000.00-703,550.00Fund 606 Sub Totals:-22,280.00335,050.00Fund Expense Sub Totals:854,000.00-368,500.00Fund Revenue Sub Totals:876,280.00-250,000.00606-000-5-940-00Other Capital295,500.00-38,500.00E01 Sub Totals:38,500.00-80,000.00606-000-5-911-00Buildings & Structures520,000.00E20Capital Expense606-000-5-101-01Temporary Pay38,500.00E01Personnel Exp Incl Benefits475,000.00Revenue Sub Totals:876,280.00335,050.00R99 Sub Totals:215,000.00-38,500.00Regional Landfill grant/Waste tire grant350,000.00350,000.00625-000-4-334-09Grants0.00Page 16 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionTesting Services old landfillGrant advertisingRepair chain link fenceBid 1.1 million, quality assurance,fencetrommel screen, skid steer pushed to 2011350,000.0025,000.0010,500.007,500.0043,000.001,200,000.00465,000.001 665 000 00350,000.00E20S bT tl1 540 000 00E20Capital ExpenseE10 Sub Totals:30,500.0012,500.004,500.00625-000-5-425-09Maintenance Grounds3,000.00625-000-5-423-05Advertising/Promotion Fees7,500.003,000.00625-000-5-422-09Testing Services20,000.005,000.00125 000 00625-000-5-930-00Machinery & Auto Equipment740,000.00-275,000.00400,000.00625-000-5-911-00Buildings & Structures800,000.00E10Operating ExpenseRevenue Sub Totals:0.00350,000.00R50 Sub Totals:0.00350,000.00Fund Coupala repairs cancelled0.000.001,665,000.001,708,000.00350,000.001,708,000.001,358,000.00180,000.00180,000.00180,000.000.00-34,000.00Expense Sub Totals:34,000.00-34,000.00R85 Sub Totals:200,000.00Expense Sub Totals:1,570,500.00137,500.00E20 Sub Totals:1,540,000.00-20,000.00Revenue Sub Totals:200,000.00-34,000.00630-000-5-911-00Buildings & Structures34,000.00E20Capital ExpenseE20 Sub Totals:34,000.00630Research & Tech CenterDept 630-000General-20,000.00R85Rentals630-000-4-848-12Rentals200,000.00-20,000.00137,500.00Fund 625 Sub Totals:1,570,500.00-212,500.00Fund Expense Sub Totals:1,570,500.00Fund Revenue Sub Totals:0.00350,000.00125,000.00Page 17 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescription180,000.000.00-180,000.00-34,000.00Fund Revenue Sub Totals:200,000.00-14,000.00-20,000.00Fund Expense Sub Totals:34,000.00Fund 630 Sub Totals:-166,000.00Page 18 of 18 City Council Packet November 23, 2010 Second Reading / Public Hearing 12. Public hearing and action on annual liquor and wine license renewals. The annual state liquor and wine licenses expire on December 31, 2010. In accordance with state law, all licenses must be acted on by the governing body. The period of renewal is from January 1, 2011 to December 31, 2011. The cost of the liquor license renewal is $1,500 and the wine license renewal is $500, both are payable to the City. All required documentation has been submitted. Liquor (On-Sale): 1. Applebee’s/Porter Apple Co. B Inc., 3001 LeFevre Dr. 2. BraVo’s Inc., 610 Medary Ave. 3. Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave. 4. Danny’s / David Olson Inc., 703 Main Ave. So. 5. BPO Elks/ Brookings Lodge #1490, 516 4th St. 6. Fireside Inc., 2515 E. 6th St. 7. Jim’s Tap, 309 Main Ave. 8. Half Pint Enterprise Inc / Lantern Lounge, 303 3rd St. 9. 9 Bar Nightclub (Nine Inc.), 303 Main Ave. 10. Pavilion Inc., 2500 6th St. 11. Pheasant Café & Lounge, 726 Main Ave. So. 12. Prairie Lanes Inc., 722 Western Ave. 13. Ram & O’Hare’s Ent. LLC/The Ram, 327 Main Ave. 14. Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave. 15. Skinner’s Pub Inc., 300 Main Ave. 16. B&L Sullivan Inc./Sully’s Irish Pub, 421 Main Ave. 17. GEO Dokken Post 2118/VFW, 520 Main Ave.; Liquor (Off-Sale): 1. Brookings Municipal Liquor Store, 780 22nd Ave. So. Wine (On-Off Sale): 1. BraVo’s Inc., 610 Medary Ave. 2. Brookings Municipal Liquor Store, 780 22nd Ave. So 3. Cottonwood Bistro, 1710 6th St. 4. Guadalajara, 1715 6th St., Suite F 5. Hy-Vee Food Store, 700 22nd Ave. 6. Old Sanctuary, 928 4th St. 7. The Shamrock, 1104 22nd Ave. So. 8. Skinner’s Pub Inc., 300 Main Ave. 9. Taste of Europe, 1300 Main Ave. So. 10. Wal-Mart Supercenter #1538, 2233 6th Street City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 88 City Council Packet November 23, 2010 Other Business 13. Action on Resolution No. 103-10, authorizing the City Manager to sign an Agreement with the Brookings Outdoor Learning Center. November 16, 2010 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Land lease agreement with Brookings Outdoor Learning Center Attached is a proposed lease agreement between the City and the Brookings Outdoor Learning Center (BOLC) (formerly referred to as the Youth, Education, & Sports Center) for up to five (5) acres of city-owned land in the Nature Park to be used as the site for a new building built and owned by BOLC. The City Council previously approved the intent of this consideration at your meeting of February 9, 2010 (attached) contingent upon Council approval of the site plan. The proposed site plan is also attached. Staff recommends approval of the attached resolution which authorizes the City Manager to sign the lease on behalf of the City. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 89 City Council Packet November 23, 2010 Resolution No. 103-10 A Resolution Authorizing the City Manager to sign a land lease with the Brookings Outdoor Learning Center for a portion of the Nature Park Whereas, the Brookings City Council indicated their intent to lease up to five (5) acres of city- owned land in the Nature Park to the Brookings Outdoor Learning Center (BOLC) on February 9, 2010,and Whereas, the City Council has determined the proposed building plans, programs, activities proposed by BOLC are consistent with the mission of the City of Brookings and will be beneficial to the community. Now, Therefore, Be It Resolved by the City Council of the City of Brookings that the Council supports the proposed project and the lease of said real estate with the BOLC, and that the City Manager for the City of Brookings is hereby authorized to execute the lease. Passed this 23rd day of November, 2010. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 90 City Council Packet November 23, 2010 LAND LEASE AGREEMENT BY AND BETWEEN THE CITY OF BROOKINGS AND THE BROOKINGS OUTDOOR LEARNING CENTER WHEREAS, The City owns property in the southeastern section of the City located east of 22nd Avenue and north of 32nd Street South (formerly used as the city landfill), which has been determined to be converted to a Nature Park; WHEREAS, the Brookings Outdoor Learning Center, a non profit organization; formed to provide youth, young adults, active seniors, sportsmen and outdoor enthusiasts of all ages with the education, skills and experiences related to the Dakota heritage, is requesting land for the placement of its multiuse facility; WHEREAS, The City finds the use of the property as proposed by the Brookings Outdoor Learning Center to be consistent and in concert with the intended use of the Nature Park. The Brookings City Council at its February 9, 2010 meeting, unanimously approved a motion dedicating up to five (5) acres of the Nature Park for a long term lease for the outdoor learning center and the final site to come back to the City Council for approval; NOW THEREFORE in consideration of mutual covenants herein contained, and other good and valuable consideration, the parties hereto mutually agree as follows: Section 1: Parties to this Agreement This agreement shall be between the City of Brookings, a South Dakota municipal corporation governed under the laws of the State of South Dakota (hereinafter referred to as CITY) and the Brookings Outdoor Learning Center, a non-profit corporation duly certified by the South Dakota Secretary of State (organizational ID # NS014254); (hereinafter referred to as BOLC). The President of the BOLC shall be the designated contact person for the BOLC and the Brookings City Manager shall be the designated contact person for the CITY. Section 2: Purpose of this Agreement The CITY is desirous of providing property in the Nature Park, a public park amenity owned by the CITY to the BOLC for purposes of allowing the BOLC to construct, own, and operate a building for purposes of promoting youth and adult training and education including but not limited to active precision sports shooting of archery and firearms with passive recreational and other seasonal outdoor skill development activities. The CITY determines the mission, goals, and objectives of the BOLC are consistent with that of the CITY and the CITY’s facility to locate the BOLC’s building and programming at said site. Section 3: Location The BOLC’s building shall be located on a site within the Nature Park occupying an area no larger than five acres situated approximately adjacent to 22nd Avenue south of the softball complex parking lot as described in Exhibits A-1 and A-2. The specific location of the building shall be approved by the CITY prior to construction. 91 City Council Packet November 23, 2010 Section 4: BOLC Building design The BOLC shall own the building through care and custody with a 99 year land lease with the CITY. The facility which shall include classrooms, indoor archery and firearms training facilities, office, storage, and mechanical space, and restrooms. The building’s exterior design, site improvements and landscaping shall be approved by the CITY, which approval shall not be unreasonably denied, and shall be designed so a public restroom is accessible, to the users of the Nature Park. The building shall conform to all applicable building and accessibility construction codes. The building shall be properly serviced with water, sanitary sewer, electricity, heating and cooling capabilities. Section 5: BOLC Building capital and operating expenses The building shall be constructed at the expense of the BOLC. The BOLC shall be responsible for all operating and maintenance costs of the building including but not limited to water, sewer, natural gas, electricity, telecommunications, and solid waste collection. BOLC shall be responsible for cleaning, repairs, general maintenance, and insurance of the building. BOLC agrees to keep the building in overall good appearance and functionally operating condition. The CITY shall be responsible for grounds maintenance, but have no obligation for capital construction costs or operating and maintenance costs of the building. Section 6: Rental rate for the land The BOLC shall pay the CITY a rental amount of $1 per year for good and valuable consideration and use of the land. At BOLC's option, the rental rate for the entire term of the Agreement may be prepaid. Section 7: Use of firearms training by City of Brookings For consideration of the rent described in Section 6, BOLC shall provide a discount in user fees to the Brookings Police Department for firearms training in the amount of 50% reduction of the individual membership rate and daily user fees for official Police functions for the duration of this agreement described in Section 20. Section 8: Parking lot CITY agrees to allow use of the existing Southbrook Softball Complex parking lot for users of the BOLC and the BOLC programming participants. CITY shall be responsible for maintenance and snow removal of the parking lot. Both parties agree the parking lot may be used by a multitude of users of the softball complex, the BOLC and the Nature Park; and neither party shall exclude access of the parking lot or any portion thereof from other parties unless it is by mutual agreement for specific events. CITY shall be responsible to provide vehicular access from 22nd Avenue for ingress and egress to the BOLC and to provide adjacent parking pursuant to applicable CITY zoning regulations. Section 9: Shooting ranges Indoor and outdoor firearms range facilities shall be designed and constructed to the National Rifle Association Range Design and Development standards. 92 City Council Packet November 23, 2010 Section 10: Programming The BOLC will provide a unique recreational site with programming focused on maximizing the strength of our natural amenities, which will encourage usage of the Nature Park and City park system, which is consistent with the Mission Statement of the Brookings Parks, Recreation and Forestry Department. BOLC, through cooperation with the Brookings Park and Recreation Department, may jointly plan, administer and implement programs to be offered to the benefit of the Brookings community in addition to those programs offered by the BOLC. Within the boundaries of the leased premises, the Brookings Park and Recreation Department may program outdoor activities including but not limited to mountain biking, hiking and cross- country skiing. Within the boundaries of the leased premises, the CITY shall have the unimpeded right; provided the exercise of such right does not interfere with the operation of the BOLC; to install trails, pathways and signage with the specific location determined by mutual agreement. Section 11: Insurance BOLC agrees to provide property insurance on the building and contents and a general liability insurance policy on the building and the leased land in the amounts of $1,000,000.00 per occurrence with $2,000,000.00 aggregate and agrees to name the CITY as an additional insured. BOLC agrees to keep the insurance in effect continuously without any lapse in coverage and to provide the CITY with evidence of such coverage annually. Insurance shall specifically provide for coverage associated with the discharge of firearms. BOLC agrees to indemnify and hold harmless the CITY, its employees, agents, or representatives from any and all liability. Section 12: Modifications/Amendments to this agreement Terms and conditions of this agreement shall be reviewed and mutually agreed to by both parties; and may be amended from time to time by mutual consent of the parties. Section 13: All other agreements null and void Any and all previous agreements between the parties are hereby declared null and void that this document is the only existing agreement between the parties. Section 14: Breach of contract; remedy process In the event either party wishes to find the other in default for a material violation of any portion of this agreement, the aggrieved party shall serve written notice to the other party, as designated in Section 1, the parties shall meet and attempt to resolve the matter. In the event such breach remains unresolved, the Parties shall hire a jointly agreed upon Professional Mediator in an attempt to resolve the dispute. If the professional mediator is unable to resolve the dispute, then both parties agree to submit the matter to a Dispute Review Board whose member shall consist of 2 members of the City Council, 2 members of the Park and Recreation Board, 2 officers of the BOLC and 1 mutually agreed upon citizen member-at-large. The decision of the Dispute Review Board shall be final. Section 15: Severability The provisions of this agreement shall be deemed severable. If any part of this agreement shall be held invalid, illegal, or unenforceable provision shall be reformed by such court as to give maximum legal effect to the intention of the parties as expressed therein. 93 City Council Packet November 23, 2010 Section 16: Authorization Each party represents, covenants, and warrants that the making and execution of this agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary corporate action of each such party and are valid, binding, enforceable obligations of each party in accordance with their respective terms. Section 17: Entire Agreement Only those terms in writing are enforceable. No other terms or oral promises not contained in this written agreement may be legally enforced and the parties hereto may change the terms of this agreement only by another written agreement or an amendment as provided in Section 12. Section 18: Binding effect This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Section 19: Assignability/Transferability Neither party shall assign its rights or obligations under this agreement to a third party without the consent of the other party. Section 20: Duration This agreement shall be in effect for 99 years from the date of execution. Section 21: Timing The BOLC agrees to secure a building permit for the structure contemplated in Section 4 of this Agreement by January 1, 2013. In the event said building permit is not secured, this Agreement shall be null and void. ADOPTED AND ENTERED INTO THIS ___ day of __________, 2010. BROOKINGS OUTDOOR CITY OF BROOKINGS LEARNING CENTER _____________________ ____________________ James Pickard Jeffrey W. Weldon President City Manager ATTEST: ______________________ Shari Thornes City Clerk 94 EXHIBIT A-2 EXHIBIT A-1 City Council Packet November 23, 2010 Brookings City Council February 9, 2010 (meeting minutes excerpt) The Brookings City Council held a meeting on Tuesday, February 9, 2010 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John Kubal, Mike McClemans, Mike Bartley, Jael Thorpe, and Tom Bezdichek. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Presentation and possible action on location for Youth Sporting Center/Nature Park Project. Randy Hansen gave the following PowerPoint presentation on the project request. “The Outdoor Learning Center (OLC) Charter is a planned nonprofit organization striving to provide youth, young adults, active seniors, sportsmen, and outdoor enthusiasts of all ages with the education, skills, and experiences related to our Dakota Heritage. Center Components include: precision sports and outdoor education, classrooms, conference/meeting room, office, repair/maintenance and storage areas, concourse/viewing area, bathroom facilities, changing areas, and lockers. Development (Community Visioning Approach): Multi-use, shared space with shared operational cost; planned to have 24-hour adult access by monitored cameras and membership (pass) system for some areas as allowed by insurance and safety considerations. Range bosses may be required in some areas; non-member community access to restrooms & changing areas during daylight hours; and special attention has been given to uniting and advancing educational, recreational, and civic interests while also promoting tourism and regional event opportunities. Accomplishes many community goals for the City, Chamber, BEDC, Vision 2010, County & State for recreation through: 1) establishing regional public/private partnerships, 2) increasing Quality of Life (indoor 12-month use facility), 3) giving youth, young adults, active seniors and families “something more to do” (more dynamic community), 4) Economic Development component (promotes growth), and 5) workforce attraction and retainment component (bundled amenities). Brookings Park & Recreation Recreational Activities Philosophy and Mission Statement include: 1) to provide enjoyable recreational activities which enhance the quality of life for participants and volunteer leaders., 2) to provide recreational opportunities, both competitive and non-competitive, for persons of all ages at a reasonable expense, and 3) to establish an atmosphere at each sponsored activity which is supportive of the efforts of each participant and affirms their worth. Leadership. The OLC is a planned non-profit corporation, to be governed by a board that is responsible for facilities management (including staffing) with representation from City Parks, County Extension, 4- H, City Representative, County Representative, and Sportsman Organizations Representation. The South Dakota 4-H Foundation, Inc. [501c (3) entity] has set up an OLC Fundraising Account. Beneficiaries and Stakeholders include General: Youth, families, sportsmen, SDSU students, County personnel, law enforcement, City of Brookings, active seniors, general public and volunteers. Specific: Youth (4-H, Boy and Girl Scouts, area schools, area youth organizations, County Extension). Others: Open community (outdoor environment classes, shooting sports programs), County events, City, State 97 City Council Packet November 23, 2010 Departments (G, F&P), SDSU students, ROTC, local sportsman & their groups such as: Big Sioux Bowmen, PF, DU, NWTF, RMEF, NRA, Beacon Hill, Gun Club, Brookings Wildlife Association, and Law Enforcement. Impact. This facility will serve Eastern South Dakota and Southwest Minnesota, as well as host regional and state-wide events. Outdoor Learning Center Objective: Provide an indoor and outdoor teaching and training center for year round precision sports while also encompassing seasonal outdoor skill development. Program Skills Learned. Social and group activities with skill development in the following areas: 1) multi-trail use, “Exploring Your Environment” 4-H series (nature study & ecology), Winter Sports, dog obedience and showmanship training, canoeing, kayaking and other outdoor skills and fun, 2) Fishing (summer and ice) and Hunting, and 3) sportsman ethics, hunt safe, archery, air & BB gun, pistol, and rifle skills. Safety First. Kathryn Reeves, Youth Development/4-H Specialist SDSU Extension Service, regarding the SD 4-H Shooting Sports program said that 4-H Shooting Sports is in its 27th year with 0 (zero) accidents even though the 4-H statewide enrollments have grown to over 2,800 youth participating. Youth participation averages 4 to 5 years with many staying in the program for 10 years. 4-H Shooting Sports is an area with a strong group of adult volunteers who typically volunteer for a number of years, providing stability and constant focus on safety to the program. Life Skills Learned. 4-H Shooting Sports provides more than safety lessons. “Lessons in life sums it up pretty well,” states Kathryn Reeves, “We surveyed over 150 participants at the 25th State 4-H Shoot, and the life lessons they have internalized through this program will influence them long after they give up target shooting. Youth as young as eight years old sited the shooting sports program as having helped them to learn to follow rules, concentrate, share, be nice to others and listen. Older youth added setting goals, discipline, never giving up, teaching others, organization and problem solving.” Teaching: 100% of those surveyed said they knew how to handle their gun or bow safely, and 99% were confident they could tell a friend how to be safe with a bow or a gun. Reoccurring Events: Outdoor Adventure Events for all ages (Fishing, Hiking, Canoeing/Kayaking, Snowshoe/Cross-Country Ski, Mountain Biking, Geocaching, Trail Hiking, “Exploring Your environment” series, and 4-H Meetings), Sportsmen meeting and training, and Pistol & Archery Leagues. Facilities. This is proposed to be a 24,420 sq. ft. multi-use facility with classrooms and conference space, one office, concession area, shooting ranges, bathrooms, changing area and lockers, corridor and viewing areas. They need a 3.0 acre site on the Nature Park Land for the building, parking and underground shooting tubes & future expansion. Projected OLC Cost is an estimated $1.91 million for the building. Breakdown is as follows: building shell & Mech estimated at $1.16 M, finishes and equipment estimated at $570,000, rifle tubes estimated at $180,000, and $300,000 endowment for programming. 98 City Council Packet November 23, 2010 Funding Plan. Funding possibilities for the building, finishes, and equipment include: SD G,F&P Grant (once land is solidified), NRA Grants, NFAA Grants, Other Grant Sources are being identified, Sportsmen organizations donations, and Private donors. SD 4-H Foundation will help identify potential givers in the process, and asking team pursuit once land is solidified. The City and County requires free city land and county financial support, property tax exempt, and County Sherriff and City Police Memberships. The Nature Park provides several possible potential locations for the building site. Impact for Brookings Area. Currently, 800 youth are served through county extension and 4-H programs and clubs including 100+ youth enrolled in 4-H Shooting Sports. They anticipate over 1,600 attendees for the special events throughout the year. Many will be served through public Nature Park attendance, Boy and Girl Scouts, area schools, area youth organizations, Open community classes, other County, City, State Department (G,F&P) events, SDSU students, ROTC, local sportsman & their groups and Law Enforcement events. The Economic Impact of Special Events is projected to be over $100,000/year (Projected from data provided to the CVB.). Operation and Maintenance Budget. Once built, the initial one-year Business Plan shows the facility will be self-sustaining through the membership fee structures, event tickets, fundraisers, concessions, 4-H endowment, and volunteer work hours. They used a balanced budget approach with anticipated revenues and expenses of $127,000/year. The full 5-year projected business plan will be developed after land is solidified. Existing City Park & Rec Staff and/or County Extension Staff may occupy the facility.” Council Discussion. The Council asked questions about anticipated annual expenses to maintain the facility, shared uses, shared expenses, storage and handling of firearms, building size and other needs, other funding sources, future lease agreement contingencies, outside memberships and anticipated opening date. A motion was made by Kubal, seconded by Whaley, to recommend dedicating up to three (3) acres for a long term lease for the outdoor learning center and the final site plan to come back to the city council for approval. Discussion: Dave Miller spoke in favor of the proposal and urged the Council to support it. Whaley was concerned about future expansion and questioned if more acres were needed. Allyn Frerichs, Park and Recreation Superintendent, said he at this point didn’t know what the expansion might entail. If this building becomes the focal point for other uses, they could need more space. He has instructed the consultants to leave space for future expansion. FRIENDLY AMENDMENT: Whaley made a friendly amendment to change the increase from three acres to five acres. Kubal agreed to the friendly amendment. On the motion as amended, to recommend dedicating up to five (5) acres for a long term lease for the outdoor learning center and the final site plan to come back to the City Council for approval. All present voted yes; motion carried. 99 City Council Packet November 23, 2010 Other Business 14. Action on Resolution No. 104-10, establishing City of Brookings 2011 Delta Dental Insurance Premium Adjustment. To: Jeff Weldon, City Manager City Council From: Donna Langland, Human Resources Director Subject: City of Brookings 2011 Dental Insurance Premium Increase Please review for approval the attached resolution for an increase of the monthly contribution rate for the City of Brookings Delta Dental Plan effective January 1, 2011. The proposed rate change for 2011 health, dental, vision and life insurance within the 2011 budgeting process was a projected ten (10) percent increase overall to the employee and the City of Brookings. The City of Brookings instituted a number of changes last year effective 01/01/2010 to the City of Brookings Health Insurance plan to place more of a focus on preventative benefits and adjust co-payment amounts within the pharmacy drug program as well as eliminate the out-of-pocket maximum. In addition, the City of Brookings Safety/Wellness Committee conducted an Employee Wellness Survey and in follow-up to the suggestions received, the committee developed a listing of Employee Wellness Activities and Participation Incentives for 2010. These wellness activities and incentives inspired a large number of employees to participate in programs such as the Mark Your Steps Program (59 participants started the challenge with 33 employees logging 500,000 steps or more each within the 100-day time frame); and the comprehensive 100-Day Weight Loss Challenge (49 participants weighed in at the beginning/22 weighed in at the end with a total weight loss of 153.2 lbs). Other programs to include a Holiday Maintain, No Gain Weight Challenge will begin prior to Thanksgiving and continue into January; and the Employee Health Fair will offer health screenings and an opportunity to participate in a Health Risk Assessment, which is a tool for assessing health risks among City of Brookings employees. 100 City Council Packet November 23, 2010 We are pleased to inform you that the accumulated cash level in the City of Brookings self-insured health insurance fund as of 10/31/10 was $1,347,785.10 which is 51% higher than it was on 10/31/09 one year ago. We feel that placing a focus on wellness over the past year as well as the changes made within the pharmacy drug program have allowed the City of Brookings to provide a less volatile self-insured medical trust account for employees. Based on all these factors, I would like to propose a recommendation to adjust the projected health insurance premium rate increase down from 10%, as budgeted, to 0%. The Brookings Municipal Utilities current accumulated cash level in the self-insured health insurance fund on 10/31/10 was $2,163,386.06. Therefore, if additional funds were needed above the dollar amount in the City of Brookings portion of the medical trust account for claims, we would be able to borrow from BMU reserves. The City of Brookings medical trust account balance for both entities combined on 10/31/10 is a record amount of $3,511,171.16 which we feel places the City of Brookings in a positive position in light of the upcoming healthcare reform changes effective January 1, 2011. The City of Brookings currently is under a grandfathered status, which provides us with protection from a number of changes that other entities will already need to face in 2011. Employee health insurance contribution increases and claim history data since 2001 are as follows: 2001 40% $ 569,800.14 2002 9.1% $ 733,390.51 2003 6.5% $ 994,580.73 2004 5% $ 712,212.75 2005 5% $ 913,207.14 2006 10% $ 1,173,949.07 2007 14% $ 1,312,601.16 2008 15% $ 1,041,894.67 2009 6.5% $ 1,266,005.18 2010 0% $ 860,917.52 (projected) 2011 0% (10% budgeted) It is our plan to proceed with the 0% increase effective January 1, 2011; and monitor the 2011 claims experience and medical trust account balance closely on an ongoing basis to determine if an increase in premium may need to be instituted for example on July 1, 2011, etc. 101 City Council Packet November 23, 2010 Based on the current and future union contract language through December 31, 2012, the City will continue to pay 75% of all categories of City General employees and 85% for the Public Safety and non-represented Public Safety employees. The premium increase for Avesis vision insurance is 0% on 1/1/11 as guaranteed at renewal in 2010. In addition, we were recently informed by National Insurance Services that there will not be an increase in life insurance premiums for plan year 2011. Based on current and future union contract language through December 31, 2012, the City of Brookings will continue to pay 100% of 1 X annual salary of life insurance premiums for employees and 75% of the single premium amount toward all levels of coverage for vision insurance coverage. DENTAL INSURANCE PREMIUM RATE INCREASE RECOMMENDATION The premium increase announcement from Delta Dental insurance was 4.8% for plan year 2011 even though expenses are running 5.2% higher than premiums. We were also informed that starting in 2011, Delta Dental is implementing a Rate Stability Program that rewards long time clients with caps on rate increases. For example, groups with 25+ years of continuous years with Delta Dental will be limited to a maximum annual increase in premium rates of five (5%) percent. The City of Brookings recognizes making the investment in dental benefits may not only be popular among employees, but may also help to hold down medical costs. Based on current and future union contract language through December 31, 2012, the City of Brookings agrees to participate in the dental premiums for employees by paying 75% of the single premium amount toward all levels of coverage. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 102 City Council Packet November 23, 2010 Resolution No. 104-10 Establishing Dental Insurance Monthly Contribution Rates for the City of Brookings Dental Insurance Plan Whereas, Be It Resolved, that the 2011 employee and employer contributions for the dental insurance plan be established as follows: CITY GENERAL & PUBLIC SAFETY EMPLOYEES Employer’s Share (75%) of Single Rate Employee’s 2011 Share TOTAL Employee Only $27.38 $9.12 $36.50 Employee/Spouse $27.38 $42.66 $70.04 Employee/Child(r en) $27.38 $44.62 $72.00 Family $27.38 $70.22 $97.60 Passed and approved this 23rd day of November, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 103 City Council Packet November 23, 2010 Other Business 15. Action to approve Legal Services Agreement for 2011-2012. November 16, 2010 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Renewal of legal services agreement The City’s two-year contract for legal services with Steven J. Britzman, Attorney-at-Law, will expire at the end of this year. Attached is the current agreement for 2009-2010 as well as the proposed new agreement for 2011-2012. The terms, conditions, and scope of services are nearly identical except that it contains an increase in compensation in the amount of four percent (4%) for each of the two years. There is also a slight increase of $25 per hour for special services enumerated in Item 15. These compensation adjustments fair and reasonable. I recommend approval of the proposed contract. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 104 6/30/2009 63 30 6/30/2010 50 08 Brookings City Attorney Review of Hours Performed 1/1/07-10/31/10 _____________________________ Hours of Legal Hours of Legal Date Services Performed Date Services Performed 2007 1/31/2007 63.41 2008 1/31/2008 62.83 2/28/2007 57.84 2/29/2008 47.92 3/31/2007 45.85 3/31/2008 59.92 4/30/2007 31.68 4/30/2008 64.24 5/31/2007 45.90 5/31/2008 49.92 6/30/2007 35.34 6/30/2008 35.59 7/31/2007 41.51 7/31/2008 27.60 8/31/2007 46.74 8/31/2008 55.10 9/30/2007 39.92 9/30/2008 43.50 10/31/2007 52.58 10/31/2008 41.50 11/30/2007 74.42 11/30/2008 53.24 12/31/2007 46.09 12/31/2008 29.76 2009 1/31/2009 38.59 2010 1/31/2010 72.42 2/28/2009 30.74 2/28/2010 39.24 3/31/2009 42.52 3/31/2010 49.26 4/30/2009 33.84 4/30/2010 52.34 5/31/2009 54.93 5/31/2010 101.09 6/30/2009 63 30.6/30/2010 50 08. 7/31/2009 45.49 7/31/2010 36.34 8/31/2009 35.66 8/31/2010 31.45 9/30/2009 61.17 9/30/2010 36.00 10/31/2009 41.49 10/31/2010 43.52 11/30/2009 49.84 12/31/2009 41.34 Total Hours Performed 2,203.05 Average Hrs. Per Month:2,203.05 hrs. divided by 46 months = 47.89 hours per month 47.89 Average hours per month x $150.00 current hourly rate1 $7,183.50 compensation based on actual hrs. $5,631.26 current compensation (per month) $1,552.24 difference between actual hourly rate and amount received _____________ 1Hourly rate includes all office operating expenses, including office facilities, staff, professional insurance, etc. City Council Packet November 23, 2010 Legal Services Agreement _______________ THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a two (2) year period, commencing January 1, 2011 and ending December 31, 2012, and the City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman shall perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman shall maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman shall be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman shall follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the other client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2011 through December 31, 2011 of Five Thousand Eight Hundred Fifty-six and 51/100 ($5,856.51) Dollars, payable on the last day of the month. For the year beginning January 1, 2012 through December 31, 2012, Steven J. Britzman shall be paid a monthly sum of Six Thousand Ninety and 77/100 ($6,090.77) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $150.00 during the term of this Agreement. 110 City Council Packet November 23, 2010 The legal services provided by Steven J. Britzman shall be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Two Thousand Five Hundred Dollars ($2,500.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $600.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes at least sixteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of November, 2010. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of November, 2010. CITY OF BROOKINGS, SOUTH DAKOTA Tim Reed, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk 111 City Council Packet November 23, 2010 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. Legal counsel shall attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation shall be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues that specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attending continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Appearance on behalf of the CITY before Courts or administrative bodies (other than Magistrate Court). c. Special projects assigned by the CITY to Attorney. Fees and services in a-c above will be as negotiated and agreed upon by the parties. 112 City Council Packet November 23, 2010 Other Business 16. Public hearing and possible action on Storm Drainage Management (citizen request). Doc Knaus, 932 44th Street South, made a request at the September 28, 2010 City Council meeting to schedule a future agenda item to discuss drainage issues south of town. He was asked to submit his concerns in writing to the City Clerk or City Manager in order for city staff to respond. Mr. Knaus submitted the attached letter regarding the discussion topics being requested. Staff from the City Engineering Department will be available during the discussion to answer any questions. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 113 City Council Packet November 23, 2010 Other Business 17. Public hearing on the Airport Dual-Track Site Selection. The City of Brookings began the Dual Track Airport Environmental Assessment process in 2006. The Dual Track process looked at options for the City to resolve compliance issues at the current airport and a new airport site. The draft Environmental Assessment is the most recent document that the City has been working on for this process. The City must choose a preferred alternative to move forward in the Environmental Assessment. Once the preferred alternative is chosen, additional study will be conducted on the selected alternative to complete the Environmental Assessment document. On November 8, 2010, the City conducted a Formal Public Hearing for the draft Environmental Assessment. The Formal Public Hearing is required by NEPA (National Environmental Policy Act) to receive and address comments and questions on the accuracy and validity of the Environmental Assessment. These comments/questions will be provided to the City Council prior to making a decision on a preferred alternative. This meeting is the first of at least two City Council meetings discussing the airport project prior to making a decision on a preferred alternative. The purpose of this meeting is for the City Council to look at all information regarding the airport project and to prepare to make an informed decision on a preferred alternative for the Airport at a future meeting. Consultants from HNTB will give a short presentation detailing the alternatives under consideration at the meeting. There will be an opportunity for questions and comments from the City Council and the public during this meeting. The consultants and City staff will be available to answer questions regarding the Environmental Assessment and the entire project. The City Council will not make a decision on the preferred alternative at this meeting. The City Council will make a decision on a preferred alternative when they feel they have the necessary information to make an informed decision, which could possibly be at the December 14, 2010 City Council Meeting. City Manager Introduction Action: Open & Close Public Hearing 115 City Council Packet November 23, 2010 Other Business 18. Discussion and action on the City/County Building construction budget. November 16, 2010 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Construction budget for joint City-County Government Center Initial Value Engineering budget reductions Pursuant to council direction from last July, I have been working with our architects and construction managers to examine value engineering options that would reduce the City’s share of the project to approximately $5.5 million. The following table lists 13 options to reduce the construction cost. It also lists Reduction Option 14 which is to reduce the overall size of the building via two methods. The Joint Powers Board has already approved Reduction Options 1 and 2. The sum total or implementing Options 1-8, 12, and 13 bring the project to $5.597 million. Options 9-11 will realize additional savings which should be close to the target amount of $5.5 million. However, these options have yet to be determined since the design development process is not yet far enough along to produce any more specific estimates than what is already provided in the schematic design budget. The council previously expressed a concern that design not progress too far to lock us into a project. However, in this case, design has not gone far enough to yield any further specific cost estimates. At this point, the project remains “lines on paper” and can be changed; but with each progressive step, any backtracking only adds to the design and timing expense. That is simply the nature or architecture. However, it is also the nature of architecture that we have to make an initial investment to define a project to the extent that cost estimates can be assigned to it. Option #14 is much more drastic. It provides for the elimination of the Park and Recreation office and/or the elimination of any provision for future growth. 116 City Council Packet November 23, 2010 Ramifications of these reductions From the outset, this project was designed to accommodate very specific goals for the City and County. Two such goals included: 1) Construct a quality building that represents an investment the taxpayers can be proud of, that is efficient to operate, is functional, but is not ostentatious or overly ornate. 2) Construct a building that has a certain degree of future growth planned. We continue to search and implement cost reductions to the project that do not compromise the quality of construction. That process will continue all the way through bidding. Options 1, 2 and pending Options 11, and 12 do that. Several other options compromise the quality of the structure, its functionality, and could lead to more operational costs annually as well as premature repair and maintenance costs. We have realized no savings if we accept quality reductions during construction but see increased costs for heating, cooling, repairs, and maintenance that result from sub-standard materials and choices. We simply cannot afford to be “penny wise and pound foolish” and we must be strategic in our choices. Option 14 contradicts another goal of attempting to improve “one-stop shopping” for city services by eliminating the Park and Recreation Department and leaving them in the old Armory building. What’s more, Option 14 eliminates ten workstations that are located throughout the building. We have undertaken a comprehensive analysis estimating staffing changes for 10-15 years into the future. Some of those staffing changes will be in this building. I believe it is vital this building reflect projected changes in staffing levels over time. Will have failed to effectively plan this building if it is full the day we move in and there is no more space than we have now. To adopt this course of action is simply irresponsible. The building site plan does provide for an expansion to the south but such an expansion is not envisioned for many years and is contingent upon the ability to acquire additional property. Growth within a 15-year horizon should not be programmed as a building expansion but should be programmed as an internal expansion. The cost to build such an expansion in the future will far outweigh the cost per square foot to build future space today. 117 City Council Packet November 23, 2010 Finally, many of these changes will require concurrence with the County Board as we do not wish to see distinguished differences in quality between various offices. Staff Recommendation I am recommending you adopt the value engineering options on the second table which puts the construction project at $5.941million. This option incorporates value engineering considerations that do not compromise quality or future growth. The Joint Powers Board recommended this option at their November 10 meeting. As you recall, we have $6 million in bond proceeds so this amount is covered except for the exclusions discussed in the next paragraph. Over time, the contingency can be reduced thus reducing the budget if it is not spent on unforeseen considerations. Construction exclusions The final sheet of this analysis identifies the exclusions to the construction budget that are still considered part of the overall project budget. We have spent $974,516 in property acquisition from cash reserves. This amount is covered with $1,014,555 in savings from other expenditures that were not made. In addition, we have project program revenue in the form of interest income from the bond proceeds which is strategically invested and sufficient liquidity to draw-down amounts when needed. Other exclusions come at the very end of the project and can be appropriately budgeted in 2012. The new garage space for city vehicles can be paid for by 25% second penny as the police department will be taking over the existing garage space. Public Safety is a legitimate 25% second penny expense according to your policy. For this same reason, we will budget the City Hall remodel for the expanded Police Department in the same manner. 118 City Council Packet November 23, 2010 Decorative streetlights along Third Street and Fifth Avenue can be financed by the streetscape contingency account. Moving expenses are unknown at this time. For furniture, fixtures, and equipment (FFE), we are just now getting into that part of the process to develop these costs. We anticipate moving most of our furniture but there will undoubtedly be some aspects of FFE that will need to be acquired. The biggest part of the FFE budget will be technology equipment which will be expensive but is an important component of a modern office building. As you can see, these exclusions are financed by other means. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 119 City Council Packet November 23, 2010 VALUE ENGINEERING CONSIDERATIONS $12,600,667.00 Joint Powers Board adopted budget ($118,000.00) Reduction - option #1 $12,482,667.00 Revised adopted budget 48% City percentage of total project $5,991,680.16 City cost ($16,800.00) Reduction - option #2 (electric/mechanical) ($14,400.00) Reduction - option #3 (eliminate sculpture) ($19,292.00) Reduction - option #4 (asphalt south lots) ($9,508.00) Reduction - option #5 (asphalt main lot) ($143,500.00) Reduction - option #6 (eliminate full basement) ($107,856.00) Reduction - option #7 (quality substitution, finishes) ($22,080.00) Reduction - option #8 (reduce site contingency) (TBD) Reduction - option #9 (various mechanical items) (TBD) Reduction - option #10 (structural steel adjustment) (TBD) Reduction - option #11 (mechanical adjustment) ($43,200.00) Reduction - option #12 (eliminate one elevator) ($17,971.00) Reduction - option #13 (eliminate 3rd Floor conference room) ($394,607.00) Total reductions to-date $5,597,073.16 REDUCE BUILDING SIZE (Reduction - option #14) Eliminate Parks & Recreation office suite 1369 sf Eliminate 10 work stations of future growth 1486 sf 2855 sf X $130/sf $371,150 NOTE: Options #2-13 will require concurrence with the County Commission 122 City Council Packet November 23, 2010 VALUE ENGINEERING CONSIDERATIONS (STAFF RECOMMENDATIONS) $12,600,667 Joint Powers Board adopted budget ($118,000) Reduction - option #1 $12,482,667 Revised adopted budget 48% City percentage of total project $5,991,680 City cost ($16,800) Reduction - option #2 (electric/mechanical) ($14,400) Reduction - option #3 (eliminate sculpture) ($19,292) Reduction - option #4 (asphalt south lots) (TBD) Reduction - option #10 (structural steel adjustment) (TBD) Reduction - option #11 (mechanical adjustment) ($50,492) Additional total reductions to-date $5,941,188 NOTE: Options #10 and #11 will produce more savings without compromising quality when those numbers are known. The contingencies for sitework and construciton can be gradually reduced over time as the project proceeds providing more savings. 123 City Council Packet November 23, 2010 EXCLUSIONS: 1 Property acquisition: $974,516 Innovation Campus infrastructure savings $694,000 Swiftel Arena lighting project savings $100,000 Holding barn flooring project canceled $125,000 Interest income from $6M bond proceeds (2 yrs) $100,000 2 Garage on south lot $80,000 25% 2nd penny in 2012 $80,000 3 Furniture/fixtures/equipment TBD 4 Moving expenses TBD 2012 General fund 5 Police Department remodel $300,000 25% 2nd penny in 2012 $300,000 (in CIP) 6 Historic streetlights 3rd Street/5th Avenue $24,500 Streetscape contingency in 2012 $24,500 124 City Council Packet November 23, 2010 126 19. Adjourn.