HomeMy WebLinkAboutCCMinutes_2013_04_2354
Brookings City Council
April 23, 2013
The Brookings City Council held a meeting on Tuesday, April 23, 2013 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John
Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve
Britzman, City Manager Jeff Weldon, and City Clerk Shari Thornes were also present.
Consent Agenda. A motion was made by Kubal, seconded by Corbett, to approve the consent
agenda.
A. Action to approve the agenda.
B. Action to approve the March 26th City Council minutes.
C. Action to approve Sustainability Council Appointments: appoint Benjamin Kleinjan and
Alvaro Garcia (terms 5/1/2013- 1/1/2016).
D. Action to approve various Volunteer Appointments: Airport Board: reappoint Ory Smidt
(5/1/2013 - 5/1/2018); Disabilities Committee: reappoint Nadine Gjerde as Student
Representative (5/1/2013 - 5/1/2014); Human Rights Committee: reappoint Hanna Larsen as
Student Representative (5/1/2013 - 5/1/2014); Park & Rec Board: reappoint Erik Dahl, Trent
Sorbe and Brittany Kleinsasser (5/1/2013 - 5/1/2016); reappoint Will Bordewyk as High
School Representative (5/1/2013- 5/1/2014); reappoint Sara Bentzen as College
Representative (5/1/2013- 5/1/2014); appoint Erika Saunders (5/1/2013- 5/1/2016); Utility
Board: reappoint Dave Peterson (5/1/2013 - 5/1/2018).
E. Action on Resolution No. 40 -13, a Resolution authorizing the Brookings Summer Arts
Festival Committee to have exclusive use of Pioneer Park.
Resolution No. 40 -13 - A Resolution Authorizing the Brookings Summer Arts Festival
Committee to have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 13 -14,
2013, and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and control
of Pioneer Park and its facilities for said festival, plus additional days for preparation and
takedown, and
Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance
coverage including the City of Brookings as named insured, and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the
conduct of the Summer Festival on said premises, now therefore,
Be It Hereby Resolved that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 10 through July 15, 2013.
Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer
Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival
Committee.
Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for
maintaining said facilities and cleaning them and returning them to the City of Brookings in
good condition following the festival.
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F. Action on Resolution No. 33 -13, a Resolution authorizing the Mayor to sign Amendment
to Maintenance and Encroachment and Financial Agreement for P- PH0014(172)418 PCN
01TJ, US Highway 14 Project, Brookings, SD.
Resolution No. 33 -13 - A Resolution Authorizing the Mayor to Sign Amendment to
Maintenance and Encroachment and Financial Agreement for P -PH 0014(172)418 PCN 01TJ,
US Highway 14 Project, Brookings, SD
Whereas, the Brookings City Council desires the construction improvement of 6th Street
from Main Avenue to Highway 14 Diagonal, approximately 500 feet west of Western
Avenue in Brookings, SD; and
Whereas, the State of South Dakota will contract for testing services for this project and will
bill BMU for testing and inspections based on the actual number of locations, which will
conform to the South Dakota Department of Transportation Standard Specifications for
Roads and Bridges, 2004 Edition, Required Provisions and Supplemental Specifications.
Now Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign
Amendment Number 1 to Agreement Number 714723 for South Dakota Federal Aid
Construction Project Number P -PH 0014(172)418 PCN 01TJ.
G. Action on Resolution No. 41 -13, a Resolution Authorizing State Water Plan Application
and related Grant /Loan Applications for Main Avenue South Street Improvement Project.
Resolution No. 41 -13 - Resolution Authorizing State Water Plan Application and Related
Grant /Loan Application for Main Avenue Street Improvement Project
Whereas, the City of Brookings has determined a need for a street improvement project to
include utilities, storm sewer and street construction for Main Avenue between 20th Street
South and 40th Street South; and
Whereas, financial assistance will be necessary to enable the City to construct this project;
and
Whereas, the South Dakota Department of Environment and Natural Resources provides
grants and low- interest loans to eligible applicants for financing water, wastewater, and
storm water infrastructure projects.
Now, Therefore Be It Resolved: 1) The City of Brookings hereby authorizes the filing of a
State Water Plan and grant and /or loan applications with the South Dakota Department of
Environment and Natural Resources, including all understandings and assurances contained
therein, to fund its drainage improvement project. 2) Be it further resolved, that the City of
Brookings hereby authorizes the City Manager to act as Project Certifying Officer in
connection with the applications, grant and /or loan agreements, and other required forms,
and to provide such additional information as may be required by the South Dakota
Department of Environment and Natural Resources.
H. Action on Resolution No. 42 -13, a Resolution Authorizing the Mayor to Sign Agreement to
Terminate Agreement Number 714656 between South Dakota Department of
Transportation and City of Brookings, South Dakota, Project Number P -PH 0014(172)418
PCN 01TJ, US Highway 14 Project, Brookings, SD.
Resolution No. 42 -13 - A Resolution authorizing the Mayor to Sign Agreement to Terminate
Agreement Number 714656 between SDDOT and the City of Brookings
Project No. P -PH 0014(172)418 PCN 01TJ, US Highway 14 Project, Brookings, SD
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Whereas, the City of Brookings desires the construction improvement of 6th Street from
Main Avenue to Highway 14 Diagonal, approximately 500 feet west of Western Avenue in
Brookings, SD; and
Whereas, the City of Brookings adopted Resolution No. 180 -12 which authorized the City to
enter into Agreement No. 714723, Financial, Maintenance and Encroachment between the
Department of Transportation, City of Brookings and Brookings Municipal Utilities which
superseded Agreement No. 714656.
Now Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign
the Agreement to Terminate Agreement Number 714656 between SDDOT and City of
Brookings for Project P -PH 0014(172)418 PCN 01TJ, US Highway 14 Project, Brookings, SD.
I. Action on Resolution No. 43 -13, a Resolution to declare interior aluminum door as Surplus
Property.
Resolution No. 43 -13 - Resolution to declare interior aluminum door as Surplus Property
Whereas, the City of Brookings will be renovating a portion of the Research and Technology
Center to accommodate a tenant; and
Whereas, the interior aluminum door is no longer necessary for security purposes at the
Research and Technology Center; and
Whereas, in the best financial interest, it is the desire of the City of Brookings to declare
such as surplus property and coordinate with contractor for efficient removal of such; and
Whereas, the City Manager is hereby authorized to sell said surplus property; and
Whereas, the City Manager is hereby authorized to appoint three qualified appraisers to
appraise the value of the property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6 -13.
All present voted yes; motion carried.
Presentation by Brookings Optimist Club. The Brookings Optimist Club presented the city with
a check for $10,000 for new playground equipment in Hillcrest Park.
Resolution No. 34 -13. A motion was made by Niemeyer, seconded by McClemans, to approve
Resolution No. 34 -13, a Resolution authorizing the Mayor to sign a reimbursable agreement
with the Federal Aviation Administration for Navigational Aids. All present voted yes; motion
carried.
Resolution No. 34 -13 - Resolution Authorizing Mayor to Sign an Agreement with
Federal Aviation Administration for Impacted Facilities
Whereas, the Brookings City Council desires FAA navigational aids to support the Brookings
Regional Airport's planned project to build new runway 11/29 which will replace the existing
Runway 12/30; and
Whereas, the runway project will impact several FAA facilities which will require the relocation
of these facilities and the facilities' infrastructure.
Whereas, the FAA will provide for the engineering, construction oversight, equipment
shutdown /decommissioning, storage and /or removal of equipment to support the construction
of the new Runway 11/29 at Brookings Regional Airport in Brookings, South Dakota.
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Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents related
to a Non - Federal Reimbursable Agreement between Department of Transportation Federal
Aviation Administration and City of Brookings, Brookings Regional Airport, Brookings, South
Dakota for "Phase I of Engineering, Construction Oversight, Equipment Shutdown /
Decommissioning, Storage and /or Removal to support the construction of the new Runway
11/29 at Brookings Regional Airport in Brookings, South Dakota ".
Resolution No. 44 -13. A motion was made by Thorpe, seconded by McClemans, to approve
Resolution No. 44 -13, a Resolution awarding a contract on the Design -Build Project for the Fall
Protection System at the Swiftel Center. All present voted yes; motion carried.
Resolution No. 44 -13 - Resolution Awarding Contract on the Design -Build Project for
the Fall Protection System at the Swiftel Center
Whereas, the City of Brookings opened financial proposals for the design -build project for the
Fall Protection System for the Swiftel Center on Tuesday, April 9, 2013 at 1:30 pm at the
Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following proposals for the Fall Protection
System for the Swiftel Center: Hy -Safe Technology - $36,900.00; Infinity Access - $44,445.00;
Honeywell International - $46,080.00; Evan Corporation - $74,250.00; Sapsis Rigging -
$96,000.00.
Whereas, the City of Brookings has determined the Adjusted Price based on the Best Value
calculation as per City Resolution to be: Hy -Safe Technology - $57,882.35; Infinity Access -
$59,423.29; Evan Corporation - $80,270.27; Honeywell International - $83,720.93; Sapsis
Rigging - $118,811.88.
Now Therefore, Be It Resolved that the low bid of $36,900.00 for Hy -Safe Technology be
accepted.
Resolution No. 45 -13. A motion was made by Kubal, seconded by Corbett, to approve
Resolution No. 45 -13, a Resolution awarding a contract for a 16' Rotary Rough Mower for
EdgeBrook Golf Course. All present voted yes; motion carried.
Resolution No. 45 -13 - Resolution Awarding Bid
for a 16' Rotary Rough Mower for EdgeBrook Golf Course
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, April 9, 2013; and
Whereas, the City of Brookings has received the following bid for a 16' Rotary Rough Mower:
Company: Midwest Turf & Irrigation out of Omaha, NE. Bid Price: $73,252.00 Option 1:
$461.00 (Sunshade) Option 2: $1,486.00 (Leaf mulch kit) Subtotal: $75,199.00 Less $8,500.00
trade -in 1993 Rough Mower. Total: $66,699.00. The capital budget for this expenditure is
$70,000.00.
Now Therefore, Be it Resolved that the bid from Midwest Turf & Irrigation of Omaha, NE in the
amount of $66,699.00 be accepted, including the two options and trade -in.
Resolution No. 46 -13. A motion was made by McClemans, seconded by Corbett, to approve
Resolution No. 46 -13, a Resolution awarding a contract for the 2013 -05SSI Rotary Park Drainage
Improvement Project. All present voted yes; motion carried.
Resolution No. 46 -13 - Resolution Awarding Bids on Project
2013 -05SSI Rotary Park Drainage Improvement Project
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Whereas, the City of Brookings opened bids for Project 2013 -05SSI Rotary Park Drainage
Improvement Project on Tuesday, April 9, 2013 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2013 -05SSI Rotary
Park Drainage Improvement Project: Bowes Construction, Inc., Brookings, SD - $26,268.60; V1
Ahlers Excavating, Inc., Brookings, SD - $27,694.36; Rounds Construction, inc., Brookings, SD -
$30,012.72; Austreim Excavating, Brookings, SD - $41,670.31; Prussman Contracting, Brookings,
SD - $44,585.00.
Now Therefore, Be It Resolved that the low bid of $26,268.60 for Bowes Construction Inc.,
Brookings, SD be accepted.
Resolution No. 47 -13. A motion was made by Niemeyer, seconded by Thorpe, to approve
Resolution No. 47 -13, a Resolution awarding a contract for 2013 -08STI Street Maintenance and
Overlay Project. All present voted yes; except McClemans abstained; motion carried.
Resolution No. 47 -13 - Resolution Awarding Bids on Project 2013 -08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2013 -08STI Street Maintenance and
Overlay Project on Tuesday, April 16, 2013 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bid for Project 2013 -08STI Street
Maintenance and Overlay project: Bowes Construction Co., Inc., Brookings, SD: $494,013.00.
Now Therefore, Be It Resolved that the total low bid of $494,013.00 for Bowes Construction
Co., Inc., Brookings, SD be accepted.
First Reading: Ordinance No. 04-13. A first reading was held on Ordinance No. 04 -13: An
Ordinance regarding a Conditional Use Permit to establish a major home occupation (massage
business) on the South 105 feet of Lots 8 and 9, Block 9, Skinner's Second Addition (1003 3`d St).
Public Hearing: May 14, 2013.
First Reading: Ordinance No. 05 -13. A first reading was held on Ordinance No. 05 -13: An
Ordinance rezoning Block 1, Gilley Addition, Block 2, Shanley's Addition, Block 2, Whitehead's
Addition, & Block 2, Williams Addition from a Residence R -2 District to a Residence R -1C District
(1300 Block between 1st Street and 2nd Street). Public Hearing: May 14, 2013.
On -Off Sale Malt License: El Rancho. A public hearing and action was held on an On -Off Sale
Malt License for El Rancho, Yury Leon, Owner, 420 Main Avenue, Lots 11- 12 -13, Block 7,
Original Plat Addition. A motion was made by McClemans, seconded by Corbett, to approve.
All present voted yes; motion carried.
Resolution No. 35 -13: On -Off Sale Wine Operating Agreement: El Rancho. A public hearing
and action was held on Resolution No. 35 -13, a Resolution authorizing the City Manager to sign
an On -Off Sale Wine Operating Agreement for El Rancho, Yury Leon, Owner, 420 Main Avenue,
Lots 11- 12 -13, Block 7, Original Plat Addition. A motion was made by Kubal, seconded by
Thorpe, to approve Resolution No. 35 -13. All present voted yes; motion carried.
Resolution No. 35 -13 - El Rancho 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 El Rancho, Yury Leon, owner, 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 420 Main
Avenue.
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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.
Temporary On -Sale Liquor License. A public hearing and action was held on a Temporary On-
Sale Liquor License for the Annual Brookings Volunteer Firefighters Association Dance on July
27, 2013 in the 300 Block of Main Avenue. A motion was made by Corbett, seconded by
Niemeyer, to approve. All present voted yes; motion carried.
Temporary On -Sale Wine & Malt License. A public hearing and action on a Temporary On -Sale
Wine and Malt License for the Northern Voyage Film Festival on May 11, 2013 at 524 4th Street,
Brookings Arts Council. A motion was made by Thorpe, seconded by McClemans, to approve.
All present voted yes; motion carried.
Second Reading - Ordinance No. 03 -13. A public hearing and action was held on Ordinance No.
03 -13, an Ordinance amending Chapter 94, Zoning, pertaining to the creation of the SDSU
Campus Edge Neighborhood Design Review Overlay District.
Public Hearing: Mary Bibby, Chair, and Dr. Janet Gritzner, spoke on behalf of the Brookings
Historic Preservation Commission. "The Brookings Historic Preservation Commission wishes to
go on record in support of your proposed SDSU Campus Edge Neighborhood Design Review
Overlay District and we encourage its enactment. We believe it will be a valuable tool to be
used as this area expands and changes in years ahead. We do have some concerns and I am
not sure where it is appropriate to address them -- whether in the ordinance itself or in later
issuance of building permits or merely as guidelines to be presented to potential developers as
plans progress. We have sought assistance from Paul Porter of the State Historic Preservation
Office to help us in formulating our suggestions but in the interest of time and not wanting to
get bogged down in details at this point, let me just mention a few items for your consideration.
Landscaping will be of critical importance and in that regard we suggest more green space and
the planting of more mature trees to give the area an established appearance from the outset
and to cut the negative visual impact of clustered brick /stone buildings. Perhaps one way to
achieve this goal would be to specify a minimum tree diameter. Another suggestion would be
to limit building height to two stories on the west end of the overlay district and grade up to
taller structures to the east and north. Variations in brick finishes, texture, and color would also
provide more visual interest and aesthetic appeal. Projecting and recessed bays on the street
side would help break up the massing of the buildings, especially on those that are three stories
or higher. Incorporating architectural details at entrances is also recommended. We on the
Commission are very happy that the City Council is taking steps to improve and protect this
neighborhood. We offer our assistance and cooperation in any way we can be of help. Many
thanks for your good work."
A motion was made by Kubal, seconded by Niemeyer, to approve Ordinance No. 03 -13. All
present voted yes; motion carried.
Resolution No. 36 -13. A public hearing and action was held on Resolution No. 36 -13, a
Resolution of Intent of the City of Brookings to lease to Rural Technologies, Inc. the following
described property in the Research and Technology Center: 801 32nd Avenue, Suite 100,
Brookings, SD. A motion was made by Kubal, seconded by Niemeyer, to approve Resolution No.
36 -13. All present voted yes; motion carried.
Resolution No. 36 -13 - Resolution of Intent to Lease Real Property to Rural Technologies, Inc.
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 agreement with Rural Technologies, Inc., for a period of
three years and automatically renewable on a month to month basis thereafter and pertaining
to the following described property: Research & Technology Center - 80132nd Avenue, Suite
100.
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The Lease will be an amount of $7.50 per square foot for Year One (1), $8.00 per square foot for
Year Two (2), and $8.50 per square foot for Year Three (3) based on the agreed upon square
footage of 8,866 square feet.
Be It Further Noted, that a Public Hearing on this Resolution was held on April 9, 2013 at 6:00
o'clock p.m. at the Brookings City & County Government Center and that all persons were given
an opportunity to be heard on the intent to lease real property.
Resolution No. 48 -13. A public hearing and action was held on Resolution No. 48 -13, a
Resolution of Intent to lease to the Ag Experiment Station: designated hay land on the
Brookings Regional Airport, one hundred seventeen acres more or Tess in Sections 26, 27 and
35, T110N, R50W in the City of Brookings, Brookings County, South Dakota. A motion was
made by Niemeyer, seconded by Kubal, to approve Resolution No. 48 -13. All present voted yes;
motion carried.
Resolution No. 48 -13 - Resolution of Intent to Lease Real Property (Airport Hayland)
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 the South Dakota Ag Experiment Station for 2013
commencing April 23, 2013 and ending December 31, 2013 and pertaining to the following
described property:
The designated hayland on the Brookings Regional Airport, one hundred seventeen acres more
or Tess in Sections 26, 27, and 35, T110N, R50W, in the City of Brookings, Brookings County,
South Dakota.
The Lease will be an amount of Forty Dollars ($40.00) per acre for the hayland, payable first half
on June 1 and the remaining half on November 1. The City of Brookings may terminate this
Lease at any time in the event a parcel of the above described property is to be adjusted by the
City of Brookings. If a portion of the hayland is changed, the number of acres to be paid for will
be adjusted at the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on April 23, 2013 at 6:00
o'clock P.M. at the City & County Government Center Chambers and that all persons were given
an opportunity to be heard on the intent to lease real property.
Resolution No. 49 -13. A public hearing and action was held on Resolution No. 49 -13, a
Resolution of Intent to lease to Steven Pofahl the following property: approximately 1,920
square feet for an airport hangar at the Brookings Regional Airport, Section 26, T110N, R50W in
the City of Brookings, Brookings County, South Dakota. A motion was made by Corbett,
seconded by McClemans, to approve Resolution No. 49 -13. All present voted yes; motion
carried.
Resolution No. 49 -13 - Resolution of Intent to Lease Real Property
to Private Person (airport hangar — Steven Pofahl)
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 Steven Pofahl for a period of five (5) years,
commencing upon issuance of the building permit and ending July 1, 2018 and pertaining to the
following described property: A parcel being 40' by 48' with an area of 1,920 square feet in Lot
S2, Block 4, Airport Hangar Addition Number One Section 26, T110N, R50W, in the City of
Brookings, South Dakota
The Lease will be an annual amount of two hundred eleven dollars and twenty cents ($211.20),
which is $0.11 per square foot, which will be prorated for 2013 and payable by July 1, 2013.
The lease amount may be adjusted by the Brookings City Council each year and the payment
will be payable by the last working day of January of each year. The City of Brookings may
terminate this Lease with a notice of 60 days to the lessee.
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Be It Further Noted, that a Public Hearing on this Resolution was held on April 23, 2013 at 6:00
o'clock P.M. at the City & County Government Center Chambers and that all persons were given
an opportunity to be heard on the intent to lease real property.
Resolution No. 37 -13. A motion was made by Niemeyer, seconded by McClemans, to approve
Resolution No. 37 -13, a Resolution in Support of the Preservation of Tax - Exempt Financing. All
present voted yes; motion carried.
Resolution No. 37 -13 - A Resolution in Support of the Preservation of Tax - Exempt Financing
Whereas, tax - exempt municipal bonds are the primary means by which state and local
governments finance three quarters of the critical infrastructure of our nation, including roads,
bridges, hospitals, schools, and utility systems; and
Whereas, through the tax exemption, the federal government continues to provide critical
support for the federal, state and local partnership that develops and maintains essential
infrastructure, which it cannot practically replicate by other means; and
Whereas, the municipal tax exemption has enabled state and local governments to finance
more than $1.65 trillion in infrastructure investment over the last decade; and
Whereas, this tax exemption is part of a more than century -long system of reciprocal immunity
under which owners of federal bonds are, in turn, not required to pay state and local income
tax on the interest they receive from federal bonds; and
Whereas, municipalities benefit from this tax exemption through substantial savings on the
interest cost of borrowed money; and
Whereas, tax exempt bonds benefit state and local governments who need the support of
investors to finance critical infrastructure, taxpayers across the country who depend on this
infrastructure for reliable transportation systems, schools, public health facilities, energy, clean
water and affordable housing, the federal government, who gets quite a bargain on their
partnership with state and local government to provide the nation's infrastructure through the
exemption; and investors who buy bonds for many reasons, including the safe nature of these
financial products; and
Whereas, municipal bonds are the second safest investment, aside from U.S. Treasuries, with
state and local governments having nearly a zero default rate; and
Whereas, 72.4 percent of the total outstanding muni debt is held by individual investors, either
directly or through mutual funds and money market funds (Source - 2010 Thomson Reuters);
and
Whereas, Congress and the President have proposed legislation to reduce or repeal the tax
exemption on municipal bonds; and
Whereas, these proposals to reduce or repeal the tax exemption would have severely
detrimental impacts on national infrastructure development and the municipal market, raising
costs for state and local borrowers and creating uncertainty for investors; and
Whereas, if the proposal to cap the exemption on municipal bonds at 28 percent had been in
place over the last 10 years it would have cost state and local governments an additional $173
billion in interest costs; and
Whereas, total repeal of the exemption over the last decade would have cost state and local
governments over $495 billion in additional interest costs; and
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Whereas, the municipal tax exemption has a long history of success, having been maintained
through two world wars and the Great Depression, as well as the recent Great Recession, and it
continues to finance the majority of our nation's infrastructure needs for state and local
governments of all sizes when no other source exists to do so.
Now, Therefore, Be It Resolved that the City of Brookings opposes any efforts by Congress and
the White House to reduce or repeal the federal tax exemption on interest earned from
municipal bonds; and
Be It Further Resolved that we oppose any action that would reduce or repeal the exemption
on tax - exempt bond interest, and affirm that there should be no legislative action to apply any
changes retroactively to current outstanding bonds; and
Be It Further Resolved that a copy of this resolution shall be sent to our Congressional
Representatives and key members of the Administration.
Resolution No. 38 -13. A motion was made by Bezdichek, seconded by Corbett, to approve
Resolution No. 38 -13, a Resolution in Support of Comprehensive Immigration Reform. A
motion was made by Reed, seconded by Corbett, to table. All present voted yes; motion
carried to TABLE.
Resolution No. 39 -13. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 39- 13, a Resolution for Local Government Support for Federal Legislation on
Streamlined Sales and Use Tax and Opposition to Additional Requirements and Mandating State
Collection of Telecommunications Taxes. All present voted yes; motion carried.
Resolution No. 39 -13 - Resolution for Local Government Support for Federal Legislation on
Streamlined Sales and Use Tax and Opposition to Additional Requirements Mandating State
Collection of Telecommunications Taxes
Whereas, rapid growth in interstate commerce has complicated state and local government
efforts to collect legally authorized sales and use taxes on remote transactions representing a
significant loss of state and local government resources; and
Whereas, the University of Tennessee Center for Business and Economic Research estimates
that state and local governments lost $11.4 billion in sales tax on e- commerce in 2012 with
South Dakota losing an estimated $60 million; and
Whereas, the Streamlined Sales Tax Project (SSTP) adopted as its original mission the following
statement: "The Streamlined Sales Tax Project will develop measures to design, test and
implement a sales and use tax system that radically simplifies sales and use taxes "; and
Whereas, Congress is considering legislation to provide states with authority to require out -of-
state sellers to collect and remit sales and use taxes on remote transactions attributable to
those states; and
Whereas, the proposed requirements for state collection and administration of local
telecommunications taxes are contrary to local control and propose "federalizing" traditionally
local tax matters; and
Whereas, the City of Brookings opposes federal efforts to curb the ability of local officials to
collect local telecommunications taxes and oppose federal proposed requirements for state
collection and administration;
Now, Therefore, Be It Resolved that City of Brookings supports efforts by states to streamline
and simplify their sales and use tax collection and administration systems; and
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Be It Further Resolved that the City of Brookings commends Congress on recognizing the
importance of the issue and introducing legislation that would grant states the authority they
need to require sellers, regardless of location, to collect sales and use taxes owed to them; and
Be It Further Resolved that Sales Tax Revenue from e- commerce is needed to replace federal
funding for local government infrastructure that has been eliminated.
City Council member introduction of topics for future discussion.
Landscaping: A motion was made by Reed, seconded by Thorpe, for the City Council to review
higher density requirements that allow switching out landscaping for additional parking and
determine if there's Council agreement to forward to Planning Commission for review. All
present voted yes; motion carried.
Design Review: There was consensus to discuss design review at a future study session.
Code of Ethics: A motion was made by Kubal, seconded by McClemans, to review the City
Council Code of Ethics and Volunteer Board, Committee and Commission Member Code of
Ethics at a study session. Bezdichek, Kubal, McClemans and Niemeyer voted yes; Reed, Thorpe,
and Corbett voted no; motion carried.
Adiourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:44 p.m.
CITY OF BROOKINGS
62e,d
Tim Reed, Mayor
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