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Home My WebLink AboutCCMinutes_2013_11_26 135 Brookings City Council November 26, 2013 The Brookings City Council held a meeting on Tuesday, November 26, 2013 at 5:30 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Mike McClemans, Ope Niemeyer, Keith Corbett,Jael Thorpe and John Kubal. Council Member Tom Bezdichek was absent. City Attorney Steve Britzman, City Manager Jeffrey W. Weldon and City Clerk Shari Thornes were also present. 5:30 p.m. Executive Session. A motion was made by Kubat, seconded by McClemans, to enter into executive session at 5:30 p.m. with City Council members present for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. A motion was made by Corbett, seconded by Kubal,to exit executive session at 5:54 p.m. 6:00 p.m. Regular Counci) Meeting Consent A�enda. Item #4G, action on Resolution No. 129-13, was removed from the Consent Agenda.A motion was made by Corbett, seconded by McClemans,to approve the consent agenda. A. Action to approve the agenda as amended. B. Action to approve the October 22 and November 19 City Counci) minutes. C. Action on the following volunteer board appointments: Plannin�Commission: Lee Ann Pierce (term expires 12/31/2017), Human Rights Committee: ludy Karen (term expires 1/1/2014) D. Action on Resolution No. 126-13, a Resolution authorizing the City Manager to enter into an On-Sale liquor Operating Agreement with Pheasant Cafe & Lounge, 726 Main Ave.So. Resolution No. 126-13- Pheasant Cafe & Lounge—Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota,that the City Council hereby approves a Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Ron and Georgiana Olson, owners, Pheasant Cafe & Lounge,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 726 Main Avenue South, also known as Pheasant Cafe & Lounge. 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 10 years,with a mid-term renewal in five years. E. Action on Resolution No. 127-13, a Resolution declaring 2 police cars surplus. Resolution No. 127-13- Resolution for the Surplus of Police Vehicles Whereas,the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Police Department: one (1) 2011 Ford Crown Victoria Police Vehicle VIN 2FABP7BV4BX162729, and one (1) 2005 Dodge Durango Police Vehicle VIN 1D4HB38N35F594041. Whereas it is in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; 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 F. Action on Resolution No. 128-13, a Resolution authorizing Closeout on Dakota Nature Park, Phase IV (Pedestrian Bridge) Construction; Clark Drew Construction, lnc. Resolution No. 128-13-A Resolution Authorizing Closeout on Dakota Nature Park, Phase IV(Pedestrian Bridge) Construction, Clark Drew Construction, Inc. Be It Resolved by the City Counci!that the following be allowed for Phase IV (Pedestrian Bridge) Construction Project with Clark Drew Construction, Inc: Construction Closeout 136 on Phase lV Construction at Dakota Nature Park. There are no adjusted bid quantities for this phase of the project. H. Action on Resolution No. 130-13, a Resolution establishing 2014 Vision Insurance Monthly Contribution Rates for the City of Brookings Vision Insurance Plan. Resolution No. 130-13- Establishing Vision/Hearing Insurance Monthly Contribution Rates for the City of Brookings Vision/Hearing Insurance Pian. Whereas, Be It Resolved,that the 2014 employee and employer contributions for the vision /hearing insurance plan be established as follows: CITY GENERAL& PUBLIC SAFETY EMPLOYEES Employer`s Employee's Share (75%) of single rate 2014 Share TOTAL Employee Only $7.61 $2.54 $10.15 Employee/Spouse $7.61 $10.45 $18.06 Employee/Children $7.61 $13.90 $21.51 Family $7.61 $19.81 $27.42 I. Action on Resolution No. 131-13, a Resolution establishing 2014 Dental Insurance Monthly Contribution Rates for the City of Brookings Dental Insurance Plan. Resolution No. 131-11- Establishing Dental Insurance Monthly Contribution Rates for the City of Brookings Dental Insurance Plan Whereas, Be It Resolved,that the 2014 employee and employer contributions for the dental insurance plan be established as follows: CITY GENERAL& PUBLIC SAFETY EMPLOYEES Employer's Employee's Share (75�) of Single Rate 2014 Share TOTAL Employee Only $29.39 $9.79 $39.18 Employee/Spouse $29.39 $45.83 $75.22 Employee/Child(ren) $29.39 $47.93 $77.32 �amify $29.39 $75.41 $104.&0 J. Action on Resolution No. 132-13,a Resolution authorizing Change Order No. 1 for Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc. Resolution No. 132-13-A Resolution Authorizing Change Order No. 1 for Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for Dakota Nature Park Phase V, Paving: Construction Change Order No. 1: install handicap signage to tie in with existing work. Signage will be reused, new sono footing, square post sleeve and new upper post will be installed. Clark Drew Construction, Inc.: Sono tube footing:auger and pour, 8 ea �$200, $1,600.00;Sign post material: 1 LS @$1,288.00, $472.00; Install new posts and reinstall old signs and discard old post: ea @ $65, $520.00; Remove old footing and discard:8 ea @$30, $240.00. Subtotal:$2,832.00. Bonding$10 per$1000 =$28.00. SD Excise Tax @ 2%_$57.00. O/P @ 8%_$233.00. Lump Sum Total =$3,150.00. There will be a total addition of$3,150.00. Contract history: $209,750.00 original contract sum; $0 added from previous change orders; $212,900.00 new contract amount after Change Order No. 1. K. Action on Resolution No. 133-13� a Resolution fixing time and place for Hearing Upon Assessment Roll for 32"d Avenue Street Assessment Project No. 2012-02SWA. Resolution No. 133-13- Resolution Fixing Time and Place for Hearing Upon Assessment Roll for 32"d Avenue S#reet Assessment Project No. 2012-02SWA Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Street Assessment Project No. 2012-02SWA having been�led in the office of the City Clerk on the 12th day of November, 2013,the City Council shall meet in the Chambers at the City&County Government Center, in said City on Tuesday, 10th day of December, 2013, at 6:00 o'clock PM,the said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Street Assessment Project No. 2012-025WA,the date of filing the assessment roll,the time and place of hearing thereon, stating that the assessment roll 137 will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper not less than ten nor more than twenty days prior to the date set for hearing and to mail a copy thereof, by�rst class or certified mail, addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization not less than ten nor more than twenty days prior to the date set for said hearing. This resolution rescinds Resolution No. 121-13 dated October 22, 2013. L. Action on Resolution No. 142-13, a Resolution authorizing Change Order No. 6(CCO#6) for Brookings Runway Re-Aiignment Project(Phase I),A!P#3-46-0005-025-2012. Resolution No. 142-13-A Resolution Authorizing Change Order No. 6 (CCO#6) for Brookings Runway Re-Alignment Project (Phase I), AIP#3-46-0005-025-2012 Be It Resolved by the City Council that the following change order be allowed for Brookings Runway Re-Alignment Project (Phase I), AIP#3-46-0005-025-2012, Construction Change Order Number 6: Adjust contract for additional work to modify the wetland mitigation area and adjust bid quantities to as-built quantities for a total decrease of$29,853.13 to the current contract price. Increase contract completion date by 45 calendar days. Passed and approved this 26th day of November, 2013 upon FAA, SDDOT and SDDENR concurrence. M. Action on Resolution No. 143-13, a Resolution authorizing Change Order No. 2A (CCO#2A)for Brookings Runway Re-Alignment Project (Phase IA),AIP#3-46-0005-025- 2012. Reso(ution No. 143-13 -A Resolution Authorizing Change Order No. 2A (CCO#2A) for Brookings Runway Re-Alignment Project (Phase lA),AIP#3-46-0005-025-2012 Be It Resolved by the City Council that the following change order be allowed for Brookings Runway Re-Alignment Project (Phase IA), AIP#3-46-0005-025-2012, Construction Change Order Number 2A:Additional work to install 18" PVC storm sewer, flared ends and controlled density fill and adjust bid quantities to as-build quantities for a total decrease of$244.75 to the current contract price. Increase contract completion date by 45 calendar days. Passed and approved this 26th day of November, 2013 upon FAA and SDDENR concurrence. All present voted yes; motion carried. Resolution No. 134-13. A motion was made by Kubal, seconded by McClemans,to approve Resolution No. 134-13, a Resolution authorizing Change Order No. 2 for Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc. All present voted yes; motion carried. Resolution No. 134-13 -A Resolution Authorizing Change Order No. 2 for Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for Dakota Nature Park Phase V, Paving: Construction Change Order No. 2: install 4' x 6' x 204' trail with color concrete along border of 22"d Ave. parking lot at Dakota Nature Park. Clark Drew Construction, Inc.: 6'colored trail: 1,225 SF @ $6.00, $7,350.00. Subtotal: $7,350.00. Bonding$10 per$1000 _ $74.00. SD Excise Tax @ 2%_$148.00. O/P @ 8%_$606.00. Lump Sum Total =$8,178.00. There will be a total addition of$8,178.00. Contract history: $209,750.00 original contract sum; $3,150.00 added from previous change orders; $221,078.00 new contract amount after Change Order No. 2. Resolution IVo. 135-13. A motion was made by Corbett,seconded by Niemeyer,to approve Resolution No. 135-13, a resolution authorizing Change Order No. 3 for Dakota Nature Park Phase V, Paving; Bowes Construction, Inc. All present voted yes; motion carried. Resolution No. 135-13-A Resolution Authorizing Change Order No. 3 for 138 Dakota Nature Park Phase V, Paving; Bowes Construction, Inc. Be It Resolved by the City Councii that the following change order be allowed for Dakota Nature Park Phase V, Paving: Construction Change Order No. 3: provide truck hauling of topsoil from City landfill to Dakota Nature park for edging of newly paved trails, driveways and parking lots. Bowes Construction, {nc.: Side Dump Truck Hauling=40.25 hrs @$100 per hr. $4,025.00; End Dump Truck Hauling=19.25 hrs @ $85 per hr., $1,636.25. Subtotal: $5,661.25. Bonding @ 1% _ $56.61. SD Excise Tax @ 2.1% =$118.89. O/P @ 8%_$452.90. Lump Sum Total = $6,289.65. There will be a total addition of$6,289.65. Contract history: $185,300.00 original contract sum; $9,953.45 added from previous change orders; $201,543.10 new contract amount after Change Order No. 3. Resolution No. 136-13. A motion was made by Niemeyer, seconded by McClemans,to approve Resolution No. 136-13, a Resolution awarding a contract on an Interactive Safety Fire House. All present voted yes; motion carried. Resolution No. 136-13 - Resolution Awarding Bids on Interactive Safety Fire House Whereas,the City of Brookings held a bid letting at 1:30 pm on Tuesday, November 12, 2013; and Whereas,the City of Brookings has received the following bid for Interactive Safety Fire House: Surrey Fire Safety& Command for$70,413.00. Now Therefore, Be It Resolved that the bid of$70,413.00 of Surrey Fire Safety&Command be accepted. Resolution No. 137-13. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 137-13, a Resolution awarding a contract for one 2014 model year SUV Police Vehicle. All present voted yes; motion carried. Resolution No. 137-13- Purchase of Police Vehicle Whereas,the City of Brookings purchases police and animal control vehicles to replace in to the fleet of the Brookings Police Department; and Whereas,the City of Brookings has approved the replacement and purchase of one marked police vehicle for the fiscal year 2014; and Whereas,the Brookings Police Department has requested the purchase of one marked police vehicle for the replacement of one marked police vehicle; and Whereas,the Brookings Police Department has received an offering according to specifications set forth from Einspahr Ford of Brookings,South Dakota for one Ford Police Interceptor Utility. Now,Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, shall approve the purchase of one Ford Police Interceptor Utility from Einspahr Ford of Brookings, South Dakota. Resolution No. 138-13. A motion was made by Niemeyer, seconded by McClemans,to approve Resolution No. 138-13, a Resolution awarding a contract to lease approximately 60 acres of hay land located in the SE%of Section 21-T110N-R50W,which is near the Brookings Regional Airport (Nichols property). All present voted yes; motion carried. Resolution No. 138-13-Reso{ution Awarding Bids on City Hay Lease 139 Whereas,the City of Brookings opened bids for approximately 60 acres of City Hay Lease for City-owned parcei located in Section 21-T110-R50 on Tuesday, November 12, 2013 at 1:30 PM at the Brookings City& County Government Center; and Whereas,the City of Brookings has received the following bids for City Hay Lease: LNJ Farms & Ranch, Aurora, SD- $143.01/acre; David Berndt, White, SD-$90.00/acre; Oines Farms, LLC, Brookings, SD -$85.00/acre;JR Farms, Inc., Volga, SD- $80.00/acre; and Jeff Jackson, Brookings, SD - $70.00/acre. Now Therefore, Be It Resolved that the high bid of LNJ Farms & Ranch,Aurora, SD for$143.01 per acre be accepted. Resolution No. 139•13. A motion was made by Kubal, seconded by Niemeyer, to approve Resolution No. 139-13, a Resolution awarding a contract to lease approximately 57 acres of airport hay land located in Sections 26, 27, and 28,T110N-R50W, which is at the Brookings Regional Airport. All present voted yes; motion carried. Resolution No. 139-i3- Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids for approximately 57 acres of Airport Hay Lease for the airport property located in Sections 26, 27 and 28,T110, R50W, on Tuesday, November 12, 2013 at 1:30 PM at the Brookings City& County Government Center; and Whereas,the City of Brookings has received the following bids for Airport Nay Lease: LNJ Farms & Ranch, Aurora, SD- $137.76/acre; Oines Farms, LLC, Brookings, SD- $70.Q0/acre;JefF lackson, Brookings, SD-$65.00/acre; and JR Farms, lnc., Volga, SD-$45.00/acre. Now Therefore, Be It Resolved that the high bid of LNJ Farms & Ranch,Aurora, SD for$137.76 per acre be accepted. Resolution No. 140-13. A motion was made by Niemeyer, seconded by Corbett,to approve Resolution No. 140-13, a Resoiution awarding a contract to lease approximately 66 acres of crop land located in the Section 18 (Freeland Addition) and Section 19 (Wiese Addition),T110N- R49W. All present voted yes; motion carried. Resolution No. 140-13- Resolution Awarding Bids on City Crop Lease Whereas,the City of Brookings opened bids for approximately 66 acres of City Crop Lease for City-owned parcels located in Wiese Addition and Freeland Addition,Sections 18 and 19, T110N, R49W, on Tuesday, November 19, 2013 at 1:30 PM at the Brookings City&County Government Center; and Whereas,the City of Brookings has received the following bids for City Crop Lease: Oines Farms, LLC, Brookings, SD—$290.02/acre; LNJ Farms & Ranch,Aurora, SD- $256.36/acre; Foundation Seed, Brookings, SD-$225.00/acre;Justin Thompson, Brookings, SD-$212.50/acre; John Moriarty, Brookings, SD-$200.00/acre; Edward Telkamp, Brookings,SD -$189.00/acre; Joel Foster, Brookings, SD—$146.00/acre; and JR Farms Inc.,Volga, SD-$120.00/acre. Now Therefore, Be It Resolved that the high bid of Oines Farms, LLC, Brookings, SD for$290.02 per acre be accepted. Resolution No. 129-13. A motion was made by Kubal, seconded by Corbett,to approve Resolution No. 129-13, a Resolution authorizing Change Order No. 1 for Dakota Nature Park 7rails Paving, Phase V; Bowes Construction, Inc. All present voted yes; motion carried. Resolution No. 129-13-A Resolution Authorizing Change Order No. 1 for Dakota Nature Park Trai( Paving, Phase V-Bowes Construction, Inc. 14 � Be It Resolved by the City Council that the following Change Order be allowed for Dakota Nature Park Trail Paving, Phase V: Bowes Construction: Materials: 61.5 tons of boulders @ $106/ton =$6,519.00; Hauling: 8 hours @ $100/hr= $500.00; Mini-Excavator: 8 hours @ $80/hr. _$640.00; Telehandler: 8 hours @ $125jhr. _ $1,000.00; Subtota{: $8,959.00. O/P @ 8%_ $716.72. SD Excise Tax @ 2.1%_$188.14. Bonding 1%_ $89.59. Lump Sum Total = $9,953.45.There will be a total addition of$9,953.45. Contract history: $185,300.00 original contract sum; $0.00 added from previous change orders; $195,253.45 new contract amount after Change Order No. 4. First Reading Ordinance No. 18-13. First reading was held on Ordinance No. 21-13, a petition to rezone Lot 100 of Block 2, Windermere Point Addition from an R-3 District to a S-2A District; and Block 5,Windermere Point Addition from an Ag District to an R-3 District (1300 Block of 20th Street South). Public Hearing: December 10, 2013. On Off Sale Malt Bevera�e Alcohol License; Hv-Vee Food Store. A public hearing was held on an On-Off Sale Malt Beverage Alcohol License for Hy-Vee Food Store, 790 22"d Ave. So., Brookings, SD, lega) description: Lot 2, Brookings Ma11 Addition. No public comment. A motion was made by Kubal, seconded by Thorpe,to approve. Al! present voted yes; motion carried. Resolution No. 141-13. A public hearing was held on Resolution No. 141-13, a Resolution Levying Assessment for Camelot Drive Reassessment in the City of Brookings for the following described properties: Lots Seven (7), Eight (8), Nine (9),Ten (10) and Eleven (11) of Block Twelve (12), and Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9),Ten (10), Eleven (11),Twelve (12),Thirteen (13}, Fourteen (14}, Fifteen (15), Sixteen (16} and Seventeen (17) of Block Thirteen (13), in Camelot Square Addition to the City of Brookings, County of Brookings,State of South Dakota. No public comment. A motion was made by McClemans, seconded by Kubal,to approve Resolution No. 141-13. All present voted yes; motion carried. Resolution No. 141-13- Levying Assessment for Camelot Drive Re-Assessment Whereas,the City Council has provided for the work to be completed under Project Nos. 2008- 025TA and 2009-02STA, 15th Street South, Christine Avenue and Camelot Drive Projects. 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 street improvement heretofore designated as the Cameiot Drive Re-Assessment of Street Assessment Projects No. 2009-02STA and 2009-02STA STA is the amount stated in the proposed assessment roll. 2. The re-assessment for Street Assessment Projects No. 2008-02STA and 2009-02STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described in the proposed assessment roll. 3. The assessment shall be divided into ten (10) equal annual installments. 4. 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 to SDCL 9-43-102. 5. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10)years. Preliminarv Plat. A pubiic hearing was held to approve a Preliminary Plat of the Christie Springs Addition in the NE%of the SW%of Section 2-T109N-R50W. No public comment. A motion was made by Corbett, seconded by McClemans,to approve. All present voted yes; motion carried. Ordinance No. 12-13. A public hearing was held on Ordinance No. 12-13, an Ordinance granting a Franchise to Mediacom Minnesota LLC,to construct, operate, maintain, repair, replace, reconstruct, and remove a Cable Tetevision System in the City of Brookings, South Dakota, setting forth conditions accompanying the Grant of the franchise; Providing for regulation and use of the system; and prescribing penalties for the violation of its provisions. � 41 No pub(ic comment. A motion was made by Kubal, seconded by Niemeyer,to approve Ordinance No. 12-13. AI! present voted yes; motion carried. Resolution No. 145-13. A motion was made by Niemeyer, seconded by Kubal,to approve Resolution No. 145-13, a Resolution to change the name of Yorktown Drive to Breckenridge Lane. Alt present voted yes; motion carried. Resolution No. 145-13- Resolution Pertaining to Changing the Names of Streets Whereas,the City Council is authorized under Article I, Section 74-1 to change the names of streets within the city; and Whereas, certain streets need to be renamed to facilitate the proper house numbering or street coordination system. Now,Therefore, Be It Resolved by the governing body that the following changes be made: Old street name: YORKTOWN DRIVE New street name: BRECKENRIDGE LANE Abutting legal descriptions: Lots 7, 8, 9, 10, 11, and 12, Block 12; and Lots 14, 15, 16, 17, and 18, Block 13, Camelot Square Addition The City Clerk is directed to file a copy of this resolution with the Brookings County Register of Deeds Office and to request that the above referenced plat(s) be notated with the new street names and a reference to this resolution be added describing the proper miscellaneous record. Brookin�s Municipal Utilities. Representatives from Brookings Municipal Utilities presented their quarterly financial reports to the Council. No action was taken. Hi�hwav 14 Improvement Proiect. A motion was made by Corbett, seconded by Thorpe,to approve a letter from the Mayor to the South Dakota Department of Transportation, providing input for design considerations on Highway 14 Improvement Project; Phase IV. All present voted yes; motion carried. Retailer/Developer A�reement. A motion was made by Kubal, seconded by Niemeyer,to approve an Agreement with Retailer/Developer for pending retail and commercia) development project on the Northeast Quadrant of I-29 and Highway 14. Public hearing: Dennis Bielfeldt,Jon Mills, David Kneip and Jacob Mills expressed concern. All present voted yes; motion carried. Recitals A. City will purchase a certain tract of real property of vacant land in the City of Brookings, Brookings County, South Dakota, as per the attached Exhibit "A" (the "City Tract"). B. City desires to enhance economic deve(opment in the City of Brookings, South Dakota, as may be necessary, and to deve(op on the City Tract a retail/commercial mixed-use development that would include a "Major Apparel and Home Furnishings" retailer and ancillary "Pad Site" retail/commercial uses and related parking areas, driveways, landscaping, sidewalks and other improvements all acceptable to the City (the "Improvements").The City Tract, together with the improvements thereon from time to time, including the Improvements, are herein collectively called the "Development." C. Developer has experience and expertise in commercial real estate development as well as business relationships with certain of the above-referenced Major Apparel and Home Furnishings retailers and ancillary Pad Site Users. City desires to engage Developer to render services for and on behalf of City to facilitate the Development, and Developer desires to accept such engagement, all upon the terms and conditions hereinafter set forth. 142 D.The above and foregoing Recitais are accepted and incorporated as though fuliy set forth herein. Now,Therefore, in consideration of the mutual covenants herein contained, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Appointment of Developer; Representative of City.The City hereby engages Developer to perform the services set forth herein to facilitate the Development on the terms and conditions hereinafter set forth, and Developer hereby accepts such engagement. Developer acknowledges that it is an independent contractor and not an agent of City and shall act as an independent contractor at all ti�mes during the term of this Agreement and shall not hold itself out as the agent of City. 2.Term of Agreement.The term of such engagement and of the Agreement shall commence upon the date of this Agreement and sha{I continue, unless earlier terminated, unti{ completion of the construction of all build'+ngs and improvements constituting the Development.The City may terminate the Agreement if the essential �nancing package to acquir�the real property and proceed with the development, including but not limited to approval of a tax increment financing district and allocation of sales tax monies, is not obtained by the City, at that point the City shall have no further obligation to the Developer beyond any of Developers expenses incurred with exception of the initial $98,500.00 to Developer. Provided further; if a "Major Apparel and Home Furnishings retailer" acceptable to the City efects not to be part of the development,the City may elect to terminate this agreement without further obfigation to the developer beyond the initial payment of$98,500.00 as hereinafter provided. 3. Duties of Developer. Developer shall exercise commercially reasonable efforts to render all services and to perform such duties as are reasonably necessary to effect the timely, efficient and economical development of the Development. Developer's services and duties shall include the following: • Developer wil1, in conjunction with City, coordinate the preparation of a development plan and site plan for the Property, (the "Development Plan").The Development Plan shail depict the amount of land and approximate building area required to accommodate both the Major Apparel and Home Furnishings retailer and Pad Sites required for each such use. Developer will take the lead and work with SDDOT, Whiskey Creek ownership and the City of Brookings SD to secure the purchase of any land and access points needed to accommodate the development. Developer shall be allowed to participate in any real estate commissions generated as a normai course of business through the land purchase cantract. • Developer will coordinate the details of the site plan, including proposed site ' improvements, points of ingress and egress to the site (coordination with Whiskey Creek owner), interior trafFic circulation within the site, utilities (size and location), lot dimensions, off•site improvements as may be required to major/minor adjacent streetsjtrafFic arterials and coordinating other proposed Improvements, including the phased construction of certain portions of the Improvements in stages. Developer will coordinate all of the above with the City and State governing agencies and retailer(s) and Pad Site Users, as required. • In order to facilitate the timing of the Development, Developer shail work in conjunction with,the City and a Professional Engineering Firm to provide a comprehensive list, costs and scope therefore, of all pre-development costs and reports that will be required prior to commencement of the Development,which cost of reports shall be paid for by Developer. Said list shall specifically include, but not be limited: o Probable Estimated Pre-Development Costs o Preliminary Site Planning(which will also include City owned research building� o Alta Survey o Topographical5urvey 143 o Site grading plans o Roadway network o Storm water and utility plans • City, as may be necessary, and Developer shali work to draft a Memorandum of Understanding ("MOU") for the Major Apparel and Home Furnishings retailer, outlining the City's desire to have the retailer(s) as an anchor for the Development, a comprehensive list of pre-development and development incentives the City is prepared to provide/pay for as part of an economic development package for the Major Apparel and Home Furnishings retailer(s) and the timing for delivery of the same.The MOU shall also include available statistical data relating to City's market/trade area and pertinent retail leakage statistics/reports. • Developer will coordinate all correspondence between the Major Apparel and Home Furnishings retailer and City, including presentation of City's MOU, coordinating site visits, meetings between the parties, negotiating(etters of intent, real estate contracts and/or ieases between fihe parties as well as Easements, Covenants and Restrictions and Site Development Agreements ("SDA"), coordinating City Planning Commission and City Council meetings, site plan and Development issues and timing coordination between City, State and the Major Apparel and Home Furnishings retailer(s), and any and all other efforts required of Developer to assist and expedite an agreement and closing between City and the Major Apparel and Home Furnishings retailer for the Development. • Developer shall work to identify, negotiate with, develop for (as required) and perform any and all other duties required to expeditiously effect the sale and development of the Pad Sites that are a part of the Development.This shall also include identifying prospect/tenant lists, generating marketing material for the Development and working in collaboration with the City, as may be necessary,to secure Pad Site Users. 4. Throughout the term of this Agreement, City agrees to perform the following: • Pay Developer for its services in the amounts and in the manner and at the times described in this Agreement. • Reasonably cooperate with Developer in carrying out the Development Plan. 5. Compensation. As full and complete compensation to Developer tor it services hereunder, Developer shall be entit(ed to receive, as the "Develapment Fee" payable as follows: • Ninety Eight Thousand and Five Hundred 00/100 Dollars ($98,50Q.00) upon the completion of the MajorApparel and Home Furnishings "MOU", Third Party Engineering Reports and Development Plan. $28,500.00 payable upon engagement and $70,000.00 payable upon completion of"MOU", Third Party Engineering Reports and Development Plan. Payment shall be made within 30 days of invoice. • City and Developer further agree that Developer will be due additional compensation as certain development milestones are achieved (i.e. execution of retailer leases, outlot sales, etc.). City and Developer agree that upon completion of MOU,Third Party Engineering Reports and Development Plan both parties will agree to specified milestones and appropriate compensation. The above outlines the Developer and City responsibilities and Developer Fee Agreement for what we believe will be a mutually beneficial relationship, as we work together to bring significant economic development benefits to the City. If you are in agreement with the above terms, please sign below where indicated and we will begin work immediately. Agreed to and Accepted: Date: Date: Signature: Signature: Matt Dennis Drew Snyder The R.H.Johnson Company Woodsonia Real Estate Group, Inc. 144 Accepted and agreed this day of , 2013 City of Brookings, SD By: Mr.Jeffrey W. Weldon, City Manager Resolution No. 144-13. A motion was made by Corbett, seconded by Kubal,to approve Resolution No. 144-13, a Resolution authorizing the City Manager to begin proceedings to acquire real property from the State of South Dakota located at the Northeast Quadrant of I-29 and Highway 14. All present voted yes; motion carried. Resolution No. 144-13-Resolution Authorizing the Acquisition of Reai Estate Be It Resofved by the City Council of the City of Brookings, South Dakota as foflows: Whereas,for the purpose of acquisition�of real property for economic development purposes in the City of Brookings,South Dakota,the City of Braokings desires to purchase from the State of South Dakota, Department of Transportation,the following described property: A parce! located in the Southwest Quarter of the Southeast Quarter(SW%SE%) of Section Nineteen (19), Township One Hundred Ten (110) North, Range Forty-nine (49) West of the Sth P.M., City of Brookings, County of Brookings, State of South Dakota, containing 26.25 acres, more or less (the "Property"), and Whereas,the above-described reai property has been offered for sale to the City of Brookings by the State of South Dakota, Department of Transportation for a purchase price of$1.6 Million Dollars; and Whereas,the City of Brookings has determined the above-described property will further the economic growth and development of the City of Brookings; Now,Therefore, It ls Hereby Resolved by the City Council of the City of Brookings,South Dakota, as folfows: A. That the City of Brookings acquire title to the above-described reai property from the State of South Dakota, Department of Transportation for the purposes of furthering economic growth and development of the City of Brookings,South Dakota; and B. That the Mayor, City Clerk and City Manager are authorized to execute a Real Estate Purchase Agreement and other required documents in accordance with this Resolution. 2013 Strate�ic Plan Year-End Report. City Manager Jeff Weldon presented the 2013 Strategic Pian Year-End Report. 2013 STRATEGIC PLAN City of Brookings Primarv Issues 1) Comprehensive Lon�-Ran�e Debt Financial Analvsis Commentary: With the refinancing of the City's debt and the expected continued issuance of State debt through the SRF program for the storm drainage master plan, as well as anticipated CiP projects needing debt, an analysis should be undertaken for tong-range financial implications beyond the five-year CIP. This anafysis needs to consider all existing debt service obligations as well as City-issued debt on behalf of Srookings Municipal Utilities and Brookings Health System. Such planning wiN be necessary to insure prioritize capital projects are developed and long-range financial stability is preserved. Action steps: TBD Lead staff assignment: City Manager Jeff Weldon Finance Manager Rita Thompson Technical assistance: Finance Advisor pougherty&Associates (Toby Morris) BMU/Swiftei CEO Steve Meyer � 45 BHS Administrator Jason Merkley STATUS: COMPLETED COMMENTARY: Our financial advisor from Northland Securities,Toby Morris, conducted the debt analysis and presented it to the City Council in October. The document will serve as a debt management and �nancial planning tool for the City, BMU, and BHS for capital improvement projects for the next several years. 2) Economic Development lnitiatives Commentary: An on-going project, the economic development initiatives for 2013 are expected focus on two primary areas; (1) retail development and (2) business recruitment in the Research Park at South Dakota State University. A parallel economic development initiative will continue to be the visitor industry through tourism and events. Other on-going economic development initiatives wil( be business and industry recruitment and inquiry responses, the saie of commercial/industrial land in the City's inventory for development, workforce development, and other aspects of implementing the BEDC strategic plan. Action steps: TBD Lead stafF assignment: City Manager Jeff Weldon Community Development Director Mike Struck Technical assistance: BEDC Executive Director A( Heuton Growth Partnership Executive Director Dwaine Chappel CVB Executive Director Jennifer Johnson STATUS: ON-GOING BY DESIGN COMMENTARY: You have received monthly activity reports from BEDC pertaining to retai) development in terms of contacts, interest from retail and commercial business leads, and new businesses that have opened or expanded in Brookings. In addition,the Research Park at SDSU has announced five new business locations in the Park this year including Elemech and Raven Industries. We are working on a major expansion of an existing industrial company which should be available for public information early in 2014. BEDC broke ground on the new commercialization center building in the Telkamp Industrial Park and a prospect remains strong for a local industry expansion in the Foster Industrial Park as well as another for next year on the last remaining parcel in the Telkamp Industrial Park. In addition, we are in the early stages of a major retail/commercial re-development project that begins its journey with the City Council meeting on November 26 at the site of the former DOT maintenance shop. 3) Lean Government Services Pilot Proiect Commentary: This initiative involves a strategic analysis of specific City services and analyzes the process and procedures for implementing the services with the goal of making service delivery more efficient and effective. Such analysis seeks to add value to City services through continuous improvement and that they remain citizen-focused. Adoption of lean practices involves the adoption of principles, practices, and methods that eliminate non-value-added activities in the service delivery process to citizens. Action steps: Identification of staff teams around specific lean project(s) Provide specialized training to the team(s) about lean practices Identification of one major, comprehensive pilot project Identification of a minimum of two, minor, departmental pilot projects Teams develop/implement lean initiatives for targeted pilot projects Lead staff assignment: City Manager 1eff Weldon City Clerk Shari Thornes Finance Manager Rita Thompson STATUS: 80�COMPLETED COMMENTARY: A staff team was established early in the year and they divided themselves into two study groups to focus on developing two Lean improvement projects.The projects identified were (1) improve the hiring process, especially for seasonal employees; and 146 (2) improve the information input process for the payroll management system. Both committees have submitted reports to me and implementation has begun. With regard to the payrol! management system, while our software for calculating payroil is efficient and works well for the end of the process, our system of inputting payroll information is archaic,time- consuming, and inefficient. This initiative identified by the Lean team revolutionizes the payroll information input process to make it technologically-based instead of manual, and it will dramatically save time, improve reliability and transparency. This is part of the new payroll management system budgeted for purchasing that will interface with our existing software system that generates the payroll.The Finance and Numan Resources departments have been working closely with the Lean teams on these two projects. Other lean projects initiated this year was re-routing the solid waste collection process and instituting the use of purchase cards to replace credit cards for an updated operational procurement process. 4) Citizen En�a�ement through on-line mobile applications Commentary: This initiative would research and launch specific tools designed to increase citizen engagement,transparency, and provide certain City services through the advent of mobile applications. Such 'mobile apps'would be specifically tailored to identified City services as well as facilitating two-way communication, and be a resource for general community information for residents and visitors. The research would consider current City initiatives including CivicPlus and the website, and select new apps to be developed consistent with stated goals. Policies and procedures specifically adopted would be an amendment to the Technology Plan. Action steps: TBD Lead stafF assignment: City Manager Jeff Weldon City Clerk Shari Thornes Finance Manager Rita Thompson STATUS: 90%COMPLETED COMMENTARY: The CivicPius software has been operational most of the year and serves as our initiaf platform for receiving pubfic input and feedback about city issues. In addition,we rolled-out the 'Mindmixer' application dubbed "Engage Brookings"with great fanfare as a means of further improving transparency and getting public feedback about both open-ended issues as well as serving as citizen surveys for services and issues whereby the City wants to gauge public opinion. The next issue will be to determine the best methodology in which to aggregate and utilize the data. Finally,the CVB is working on a comprehensive re-tooling of its website to better optimize it for online and mobile applications. This will further build upon the branding initiative of a few years ago. The purpose of this project is to generate further leads for the community's businesses, services, and attractions; but also promote the overnight stays for events. The target audience is visitors and meeting,convention, and event planners. 5) South Main Avenue Infrastructure Development Proiect Commentary: Development of private property along South Main Avenue from 20th Street to 32"d Street represents the next major area for residential development with some supporting commercial development. Development of this area is consistent with the comprehensive plan and is one of the few, remaining large tract areas for residential development in the near future. The only other opportunity for residential growth for the near-future is the continual build-out of existing subdivisions with in-fill, and residential re-development. This road lacks the necessary infrastructure to accommodate such development. Additional public amenities are slated to further support this growing area such as a new elementary school and fire sub- station. While total build-out will be decades away, interest currently exists for initial development. This component of the strategic plan provides for developing a District TransportationjUtility Development Plan for South Main Avenue for subsequent City Council consideration. If adopted,this District Plan would be implemented with design in 2013 and construction in 2014. Action steps: Submit District Plan to City Council on Feb. 22 Council approval/rejection of District Plan l47 Implementation of steps enumerated in the District Plan Lead staff assignment: Community Development Director Mike Struck City Engineer Jackie Lanning STATUS: COMPLETED COMMENTARY: This comprehensive District Transportation/Utility Development Plan was completed by staff and presented to the City Council, and was subsequently adopted, in February. With its adoption, design work began on the project immediately and culminated in City Council approval of scope of work and preliminary financing plan in October. Design will continue followed by construction in 2014. 6) Space Needs Analvsis for Street Department operations Commentary: The buildings and facilities that comprise the Street Department maintenance operation have been identified as needing further analysis for on-going structural repair and future viability. Four buildings comprise the facility at 125 7th Avenue. Three of the four structures should be examined in detail regarding present condition, anticipated improvements, and future needs. The fueling facility is nearing the end of its expected life.The location should also be examined for future viability of serving the community. A central question would be to determine the extent and scope of future repairs and improvements needed to the three structures compared to the financial and operational viability of replacement. This initiative should consider a consolidated facility with the County Highway Department. Action steps: Staff identifies issues to be researched relative to the facility. Research is initiated on the identified issues and report prepared. Lead stafF assignment: Street Superintendent Koss Delfinis Community Development Director Mike Struck STATUS: COMPLETED COMMENTARY: The space needs and locationaf analysis for a potential replacement for the Street Department facility was conducted by staff and presented to the City Council in August. The Council expressed support for replacement of the facility giving staff further direction to expand the feasibility of site analysis. The analyzed locations in the report were determined to be less-than-optimal. Work should continue into 2014 with regard to further location analysis. 7) Lon�-Term Maintenance/Finance plan for Streets Commentary: While the City currently has a multi-year schedule for maintenance of existing streets,the schedule should be expanded beyond the current five years. Research should be done pertaining to the viability of instituting a pavement management system that provides a scientific"index" of the condition of streets for enhanced forecasting of scheduled maintenance. The primary two methods of street maintenance are cracksealing/chipcoating and mill/overlay. In extreme cases, streets need to be completely re-constructed. Action steps: TBD Lead staff assignment: City Engineer Jackie Lanning Street Superintendent Koss Delfinis STATUS: COMPLETED COMMENTARY: Staff conducted cost-benefit analysis on the feasibility of instituting a pavement management system into our street maintenance inventory system. (t was determined not to be feasible. The City Council received a report from a local engineering�rm analyzing concrete and asphalt alternatives to street surfacing under various applications. No further action was deemed necessary. Secondarv Issues 8) On-�oin�advocacv of 34t"Avenue/20th St. improvement proiect 14 � Commentary: This transportation corridor remains a long-range improvement project deemed essential for the further growth and development of Brookings. Since it involves an interstate bridge crossing, federal funding will be necessary for a major portion of project financing. The current financial viability is not conducive for this to be a short-range project. The City should continue to incrementally build support for this project with state and federal policymakers while strengthening local intergovernmental and stakeholder support sustainable over the long term that will be required for this project. STATUS: ON-GOING BY DESIGN COMMENTARY: Brookings County approved a project for 2014 for the re-construction of 34th Avenue south of the city limits to the paved surface. During the budget process, we adopted our 2014 CIP to provide for an improvement to the section of 34th Avenue that is north of the city limits line. This will be one project with the city and county paying their respective share of 34th Avenue. Brookings County will take the lead on this joint project. Upgrading a township road (213th St.)from 34th Avenue into Aurora is also a key part of this county project. Public advocacy continues for the 20th Street South extension to the east of 22"d Avenue with an interstate overpass/interchange. Adjacent property owners have expressed more interest in this project and have suggested an optional Iocation for a south interstate crossing which is currently being explored. The project is no closerto being p{aced on the STIP but advocacy at the state and federal level for transportation funding, specifically for the interstate crossing, continues. 9) Plannin�/monitorin�involvement with SDDOT on Hi�hwav 14 up�rades Commentary: The South Dakota Department of Transportation (SDDOT) will be undertaking major reconstruction of Highway 14 from the 'diagonal'to Main Avenue; and planning for improvements to 14B and future re-construction projects from Main Avenue to 34th Avenue in future years. The�rst phase of construction and the planning of subsequent phases will be done by SDDOT in 2013. As the single-most significant transportation corridor in Brookings,the City needs to be an active participant with SDDOT in their planning process to insure the best interests of the community are addressed as SDDOT undertakes this project. STATUS: ON-GOING BY DESIGN COMMENTARY: City staff continues to work with DOT planners and engineers on the two major upgrades to Highway 14. The second phase involves 22"d Avenue east to 34th Avenue in 2016. The third phase involves Main Avenue to Medary Avenue in 2017. The City has thus far been given ample opportunities to participate in the design considerations that have occurred thus far, and expect to continue to do so through construction. Several design aspects with regard to the eastern portion of the project will involve the final phase of our gateway project which involves upgrades to DOT design components. ATTACHMENT 2013 STRATEG{C PLAN City of Brookings Primary Issues 1) Comprehensive Financial Analysis 2) Economic Development Initiatives 3) Lean Government Services Pilo# Project 4) Citizen Engagement through on-line mobile applications 5� South Main Avenue Infrastructure Development Project 6) Space Needs Analysis for Street Department operations 7) Long-Term Maintenance and Finance plan for Streets Secondary Issues 8) On-going advocacy of 34th Avenue/20th Street Improvement Project 9) Planning/monitoring involvement with SDDOT on Highway 14 upgrades Maior Staff proiects (beyond Strategic Planning items) Assi�nment Airport improvement project,construction (I),planning(II) Engineering(completed) Camelot Phase II storm drainage (1) Engineering(cancelled) 149 Rotary Park storm drainage Engineering(completed) 20th/Medary storm drainage Engineering (completed) 32"d Avenue completion, road surface Engineering(completed) Signalization of 12th St.So./17th Ave. S. Engineering(completed) Gateway Project, Phase II Com. Dev. (completed) Bel Brands digester construction (2) Com. Dev. (90%completed) Bob Sheldon restroom/concession building (3) Parks/Rec. (90�o completed) Park development, playground equipment five parks(4) Parks/Rec. (25�o completed) Dakota Hilts Nature Park, complete Phase 2, undertake Phases 3-6 Parks/Rec. (completed) Pheasant Nest dog park(5) Parks/Rec. (90�o completed) Comprehensive athletic/recreational field use study(6) Parks/Rec. (50%completed) Trail/Pathway plan; amendment to Parks Master Plan (7) Com.Dev.&Parks/Rec.(delayed) Ordinance Recodification (8) Clerk/City Atty(95%completed) (1) Project was cancelled due to inability to acquire necessary easements from property owners. (2) Project is on schedule for January substantial completion;�nal completion in February. (3) Interior furnishings and final site work will be completed by spring. (4) Some progress made on priority playground equipment, equipment arrival was delayed;other higher-priority projects were completed. (5) Interior park amenities are all that remain for next spring. (6) Staff working with user groups; report needs to be compiled. (7) Project delayed due to higher priority of other projects. (8) Staff work 100%complete,documents sent to vendor for final formatting and printing. Council Member Introduction ofTopics. A motion was made by Niemeyer, seconded by Reed,to direct the city manager to seek an unbiased third party to provide an informational report at a spring study session on the pros and cons of asphalt verses concrete surfacing. All present voted yes; motion carried. Adiourn. A motion was made by Corbett, seconded by Kubal,to adjourn. All present voted yes; motion•carried. Meeting adjourned 8:12 p.m. CITY OF BROOKINGS OS ��S� ac a T"••�,?c Tim Reed, Mayor �-� sst :U a: 2iHW ;m V rr d °��n N ^r,.. hari T ornes, City Clerk