HomeMy WebLinkAboutCCMinutes_2013_06_2582
Brookings City Council
June 25, 2013
The Brookings City Council held a meeting on Tuesday, June 25, 2013 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Mike McClemans,
Tom Bezdichek, Ope Niemeyer, Keith Corbett, Jael Thorpe and John Kubal. City Attorney Steve
Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present.
Consent Agenda. A motion was made by Corbett, seconded by Bezdichek, to approve the
consent agenda.
A. Action to approve the agenda.
B. Action to approve the May 28th and June 11th City Council minutes.
C. Action on a request to abate a portion of 2012 taxes from Daniel Kneip for the W A of Lot
9, all Lot 8, Third Addition, also known as 103 5th Street.
D. Action on Resolution No. 74 -13, a Resolution authorizing Change Order #2 for Dakota
Nature Park Trail, Phase III; a request to extend substantial and final completion dates.
Resolution No. 74 -13 - A Resolution Authorizing Change Order No. 2 for
Dakota Nature Park Trails Construction -Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for Resolution
No. 74 -13 Dakota Nature Park Trails Construction: Construction Change Order No. 2.
Bowes Construction: Substantial completion date changed from June 15, 2013 to July 15,
2013. Ready for final payment date changed from July 15, 2013 to August 15, 2013. There
will be no change in the contract financials with this change order.
E. Action on Resolution No. 75 -13, a Resolution re- issuing the bid award for one 45"
minimum remote control slope mower for the Brookings Parks, Recreation and Forestry
Dept.
Resolution No. 75 -13 - A Resolution Re- Issuing the Bid Award for One (1) 45" Minimum
Remote Control Mower for the Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, June 4, 2013; and
Whereas, the City of Brookings issued a bid award (Resolution 70 -2013) for a One (1) 45"
Minimum Remote Control Mower to Eastern Farm Machinery Ltd; and
Subsequently, the company notified the City on June 18, 2013 that it could not fulfill the 30
days delivery requirement of the bid contract, the City of Brookings withdraws the bid
award from Eastern Farm Machinery Ltd. and re- issues the bid award to Butler Machinery
Co. of Sioux Falls, SD for the following amount:
Company: Butler Machinery Co., Sioux Falls, SD Bid Price of $65,987.00, Option in the
amount of $3,430.00 (Trailer), for a total price of $69,417.00. The capital budget for this
expenditure is $75,000.00.
Now Therefore, Be It Resolved that the bid from Butler Machinery Co. of Sioux Falls, SD in
the amount of $69,417.00 be accepted, including the one option.
All present voted yes; motion carried.
Open World /FH1360 Kazakhstan Delegation hosted by SD World Affairs Council. The theme of
this year's visit is Accountable Governance /Agricultural Diversification. Jeanne Jones Manzer,
host coordinator, introduced the six members of the Kazakhstan delegation to the City Council
and public.
City of Brookings 2012 Annual Financial Report. Representatives from BKD, LLP presented the
City of Brookings 2012 Annual Financial Report. No action was taken.
First Reading — Ordinance No. 09 -13. A first reading was held on Ordinance No. 09 -13, an
Ordinance for a Conditional Use Permit to establish a community center (Boys & Girls Club) on
Block 6, Hyland Addition (191012th Street South). Public Hearing: July 9, 2013.
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First Reading — Ordinance No. 10 -13. A first reading was held on Ordinance No. 10 -13, an
Ordinance for a Conditional Use Permit to establish a church on Block 1, including the S 1/2 of the
vacated street, Hyland Addition (1104 22nd Avenue South). Public Hearing: July 9, 2013.
Preliminary Plat. A public hearing was held on a preliminary plat and large scale residential
development plan for the River Run Addition in the NE 1/4 of Section 3- T109N -R5OW. A motion
was made by Thorpe, seconded by McClemans, to approve a preliminary plat and large scale
residential development plan for the River Run Addition in the NE % of Section 3- T109N -R5OW
with the street extension as recommended by the Community Development and Engineering
Departments. All present voted yes; motion carried.
Resolution No. 76 -13. A motion was made by Niemeyer, seconded by Corbett, to approve
Resolution No. 76 -13, a Resolution amending Resolution No. 21 -13, authorizing the reissuance
of the Lease and the Certificates of Participation, Series 2012.
Resolution No. 76 -13 - Resolution amending Resolution No. 21 -13 authorizing the reissuance of
the Lease and the Certificates of Participation, Series 2012
Whereas, the City of Brookings (the "City ") pursuant to Resolution No. 112 -12 entered into a
Ground Lease, Lease Agreement (the "Lease ") and Declaration of Trust (the "Trust "), as the
terms are defined therein, all dated October 1, 2012; and
Whereas, the City passed Resolution No. 21 -13 on February 26, 2013; and
Whereas, the City now deems it necessary and in the best interest of the City to amend
Resolution No. 21 -13.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings as follows:
1. Amendment of Resolution No. 21 -13. Resolution No. 21 -13 shall be amended to read as
follows:
Section 1. Authorization and Approval of Transactions. Subject to the terms and
conditions set forth herein, the City hereby authorizes subject to the written approval of
First Bank and Trust as Trustee and as holder of the certificates of Participation to
modify the interest rate and designate the Lease and the $10,000,000 Certificates of
Participation as "qualified tax - exempt obligations" under the Internal Revenue Code and
regulations.
Section 2. Execution and Delivery of Documents. Each Authorized Officer of the City is
authorized and empowered for and on behalf of the City to execute and deliver such
documents as Bond Counsel deems necessary to evidence the reissuance of the Lease
and Certificates of Participation, Series 2012 or with such changes therein and
modifications thereto as may be approved by the Authorized Officer executing and
delivering the same on behalf of the City, such execution and delivery to evidence
conclusively such approval. The Lease and Certificates are issuance in full conformity
with SDCL § §6 -8B -30 through 6- 8B -52.
Section 3. Bond Counsel. The City hereby selects Meierhenry Sargent LLP to provide
bond counsel services with respect to the execution and delivery of the Certificates as is
necessary in order to accomplish the purposes of this Resolution. Any contracts for the
provision of such services shall be executed by an Authorized Officer, and the execution
of such contracts shall represent approval by the City of the terms of such contracts.
The fees, costs and expenses with respect to the foregoing shall be paid from the
proceeds of the sale of the Certificates or any other legally available moneys.
Section 4. Miscellaneous. Each Authorized Officer and any other agent or employee of
the City is hereby authorized and empowered to take such other actions and execute
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and deliver such other instruments and agreements, including appropriate tax
certifications and other closing certificates, as may be necessary or appropriate for the
purposes of consummating the transactions contemplated herein, the necessity
therefore and the appropriateness thereof to be evidenced conclusively by any such
Authorized Officer's taking any such action or executing and delivering any such
instrument, agreement or certificate and all actions taken heretofore and hereafter
pursuant to the authority hereof are hereby authorized, ratified and approved for and
as the actions of the City.
2. Effective upon Passage. The action of the City is administrative and the Resolution shall
become effective upon passage.
Resolution No. 77 -13. A motion was made by Corbett, seconded by Bezdichek, to approve
amended Resolution No. 77 -13, a Resolution authorizing the transfer of Real Property to
Brookings Economic Development Corporation, inc. for Economic Development Purposes with
the following amendment: "A. That the City convey title to the above - described property to the
Brookings Economic Development Corporation, Inc. to retain for incubation, commercialization
or far-sale of the above - described property to a business; and." All present voted yes; motion
carried.
Resolution No. 77 -13 - A Resolution authorizing the Transfer of Real Property to Brookings
Economic Development Corporation, Inc. for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Brookings Economic Development Corporation, Inc. desires to purchase
approximately three (3.0) acres of real property described as Lot 3B, Block 5, Telkamp Industrial
Addition to the City of Brookings, for the price of $25,000 dollars ($25,000) per acre, and
Whereas, for the express purpose of furthering economic growth and development of the City
of Brookings, South Dakota the Brookings Economic Development Corporation, Inc. agrees to
retain title to said property for the purpose of constructing and operating a business incubation
and commercialization facility; and agrees to sell, convey or otherwise transfer said property to
a legal entity which is, or will be, conducting business in the City of Brookings, South Dakota
should the incubation and commercialization facility cease operations, and
Whereas, it is in the best interests of the City of Brookings that the City provide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings; and
Whereas, the City is authorized to enter into this transaction as an economic development
activity under the laws of the State of South Dakota;
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 the Brookings
Economic Development Corporation, Inc. to retain for incubation, commercialization or sale of
the above - described property to a business; and B) That the Mayor, City Clerk and City Manager
are authorized to execute the required documents in accordance with this Resolution.
Five -Year Capital Improvement Plan. City Manager Jeff Weldon reviewed the Five -Year Capital
Improvement Plan. No action was taken.
Policies on Petitioning for Streets. The City Council discussed statutory requirements and local
policies pertaining to petitioning for streets, specifically focusing on the 15th Street South and
7th Avenue South Project. A motion was made Reed, seconded McClemans, to direct staff to
contact Mr. Costello or his representatives to determine if they would give the city a sewer
utility easement through their property with a deferred assessment, 5 year cap. All present
voted yes; motion carried.
Deputy Mayor. A motion was made by Bezdichek, seconded by McClemans, to appoint Keith
Corbett as the Deputy Mayor, term ending June 1, 2014. All present voted yes; motion carried.
City Council member introduction of topics for future discussion. A motion was made by
Kubal, seconded by McClemans, to review the Municipal Liquor Store at a study session.
Motion was withdrawn.
A motion was made by Kubal, seconded by Reed, to conduct a thorough review of the City
Charter at a study session. All present voted yes; motion carried.
Thorpe requested and the Council concurred to have an in -depth review of the city's
involvement with the innovation campus /research park, including data about operations, long-
term funding plan, and a potential policy statement.
Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned 9:53 p.m.
CITY OF BROOKINGS
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A2T. ' Tim Reed, Mayor
Shari orn es, City Clerk
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