HomeMy WebLinkAboutCCMinutes_2008_06_24 146
Brookings City Council
June 24, 2008
The Brookings City Council held a meeting on Tuesday,June 24,2008 at 5:00 p.m., at City Hall with
the foIlowing members present: Mayor Scott Munsterman, Council Mernbers Julie Whaley,Mike
Bardey, Ryan Brunner,Tim Reed (arrived at 5:03 p.m.),Mike McClemans, and Tom Bezdichek.
City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
Tax Increment Finance rec�uest for Sieler Addition. City Manager Jeffrey Weldon reported that
this item was on the agenda as a preliminary discussion on a TIF request received from Oakway
Equity Group for a 331ot housing development. Weldon said staf£has received a request for a pay-
a.ryougo tax increment housing project for 33 lots in Sieler Addirion which is located west of 7�'
Avenue South and will consist of street extensions of Remington Stseet and Cardinal Drive just
north of Hunters Ridge in the south central part of Brookings. The developer is Oakwood Equity
Group.
Weldon said this request would be very similar to the Valley View Addition project recendy
approved by the City Council. The developer has agreed to limit the final cost of lot plus home to
less than $160,000 in exchange for using future increment to offset the costs of applicable
infrastructute. If approved, this would be Tax Increment District#4.
'I'he developer has submitted most of the necessary infortnation for the initial steps of the project
which would include a hearing with the Planning Commission to establish the boundaries of the
proposed tax increment district.
At this point, Weldon said staff has not yet had time to develop a tax increment policy which would
govern the use of this economic development tool. He said the City's Financial Advisor,Toby
Moxris,will be assisting the City with that. Howevex,Weldon is envisioning such a policy to mirrox
the process was just used on the Valley View Addition project. One addition to that process would
be an initial feasibility determination by the City Council to see if the Council has sufficient interest
in the tax increment request to warrant the developer proceeding. From this point, the process and
investment for the developer will become substantial. This early feasibility determination will serve
to either assist the pxoject or keep the developer from going through this effort only to have it
ultimately denied at the end of the process.
Part of the Ciry Council's determination of feasibility should include whether or not it wants to
make this subsidy available for such a project in this location; and to what extent the Counci�wants
to use tax increment. The question of precedent does enter into the equation as well. However,
each tequest for tax increment needs to stand on its own merits regatdless of past practice. The
housing plan does provide some guidance for the City in documenting a need for housing in this
matket range. The overriding public policy consideration should be that using tax increment
contributes to an overall public benefit to the cornmunity.
Tim Burns,pxoject developer, said this is a preliminazy discussion as his group moves forward with
plans to develop nine acres into affordable housing. He noted that affordable housing is at the
forefront of issues in Brookings and many studies have indicated that additional affordable housing
is important to the city. In order to do that,he feels this piece of land is a great opportunity to use a
TIF. He noted this discussion is out of the usual order of the process and is meant as an
informational meeting. They looked at several things in their plans to develop an affordable housing
development. In order to build an affordable home that is also in a nice neighborhood and fits into
that neighborhood, the development group feels itnportant that a TIF is used. He noted that
heating and cooJing costs are going up and they are studying and taking proposals on super-insulated
housing options. In order to build this type of home, this type of financial help is needed. He said
they are just starting the process and they understand there are certain rules they have to follow.
This discussion is meant as an introduction to the issue to hear any reservations to the concept and
to respond to questions.
Council Member Whaley asked if any of the homes in the development would be less than $160,000.
She noted that when the Council has discussed the issue of affordable housing in the past no one
could give a dollax amount of what is "affoxdable." She asked if any homes would be in the range of
$119,000 to$129,000? Burns said yes, there is a mix of prices in their preliminary plans and nothing
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is over$160,000. (Council Member Keed arrived at 5:03 p.m.). Burns said smallex units would be in the
$115,000 range. The range will be $115,000 to $160,000.
Whaley asked for clarification on the development location, asking if it would be adjacent to the
trees on 15`'' Street South. Burns said yes,it would be located west of 7`h Avenue South on the other
side of the trees.
Weldon noted that the$160,000 number was in the last TIF affordable housing project and was per
the recommendation of financial advisox Toby Morris. Morris said that$160,000 was at the
threshold that is used by South Dakota Housing Development Authority to qualify for home loans
for first time homebuyers. Weldon noted that the Council can set that number at whatevex it wants.
That is a statewide market and i£the Council feels if the local market is something diffeYent,it could
adjust that number. It woutd be helpful for the developer to know that number sooner rather than
later. The tax increment will be used to write down the costs of the development to make it
affordable fox homes in this market area. There isn't a need for homes on the upper end of maxket
scale. It is designed to bring down the costs as an incentive for developers to cxeate quality homes
in a lower market area. However,it is tricky to define what that number is and$160,000 may not be
the right number.
Council Member Batdey asked if the $160,000 number £or the last TIF district was a state numbex.
Weldon said yes,it was the benchmark for the Valley View TIF housing development project.
Bardey asked in the future if that number is a moving target? Weldon said yes, the number is
xeviewed at annually, but they may not adjust it.
Bartley noted if any policy this Council or the Planning Commission does now sets a ptecedent,but
would probably include the fact that it can be adjusted in the future. Weldon agreed that would be a
good piece of information to have in a policy.
Bardey said the City doesn't have a policy on Tax Increment Districts and more requests are coming
in. In the absence of a policy,he didn't think it was a critical issue because the Planning
Commission did set that benchmark and the Council agreed with it. He doesn't have an issue with
their method and thinks the whole TIF process starts with the Planning Commission to app�ove and
this ptoject needs to go through that step. He cautioned the Council to not influence the Planning
Corrunission members on how to do that because that goes around state law. He said some
communities use corrunittees to determine these projects and whethex they're valuable a set housing
market and then work out all the details. There are a lot of details and costs involved and it's not an
easy process. Mr. Burns is asking for direction from the Council. Baxdey said the Council doesn't
know because the Council isn't determining those details. The cost to develop those details falls to
the developer. T'here's been pxecedence with Planning Commission and an interest in working with
the developer on this type of proposal. Rather than a blanket blessing,he thinks a TIF policy
discussion should be on Council agenda fairly rapidly. He encouraged the development gxoup to
move forward and work with the Planning Commission and he doesn't want to delay this request by
needing to establish policy first.
Burns said he understands the need to set policy and this discussion was meant as an introduction
and a way to start conversation. He will be working with the City Manager and financial advisors
Toby Morris and Todd Meierhenry to make sure everything is set up properly.
Whaley said her biggest concern is for youngex couples moving to town and that they not be sca.red
when they hear TIF districts with houses at$160,000 as affordable. She feels it is unportant that the
public know the deveiopex can build houses for less and that they can build to suit theix needs at less
money. Burns agreed.
Brunnex said when the Council develops a policy,the city may want to tie it direcdy to the statewide
SDHA number because TIF districts have five years to develop and the state number could increase
and they are locked in at a lower number. 'The City may want to tie to the statewide number so
thexe is flexibility over a 2 to 3 year period to keep up with the market. Weldon said the district has
five years to complete the infrastructure and complete the development of the subdivision and it
could take longer to build the homes.
Burns said they will act as a"suitcase contractor" and will develop the land fully themselves.
However, they have not gone through all the steps and aren't completely familiar with aIl the rules.
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At this time they are prepared to develop the infrastructure and move forward as a general
contractor in home building.
Weldon asked if$160,000 was the maximum limit for a completed lot and house. Burns responded
yes and clarified that another builder would have to abide by that rule.
Weldon asked Bums to describe the proposed floor plans and square footage options. Burns said all
will be split-foyer design due to the water table in that area. Square footage will range between 900
and 1200 square feet, the larger with unfuushed basements. All homes would be single £amily with
double attached garages.
Bartley suggested a"mixed"use of type of housing that would increase the taxable base to help
repay the TIF. He recently attended a National League of Cities conference where he heard about
cities having the tendency to use zoning regulations but some had mixed housing density as to the
price ranges. Cities could require that a certain number of homes be within a certain price range.
Higher price point homes allow the TIF to pay for itself. It's a way to help the developer recoup
some money.
Dan Hanson,Planning and Zoning Administrator, said he wasn't familiar with the financial side
verses density. It's hard to combine the two issues into an ordinance. He's aware of density
bonuses to allow for mixed densities. The financial aspect would have to be handled in the
agreement.
Burns said that concept would work well with a lasger development;howevex,vcrith nine acres it
would be difficult to plan for multiple zoning. He would encourage the Planning Commission to
provide incentives for mixed use and bonuses with a bigger parcel. However,this concept wouldn't
work with a nine-acre scale.
McClemans suggested the Council move forward with setting a policy on tax increment financing
districts and it parallels what was done with the Valley View Addition project. He would think this
was identical and would work as well.
Validation Pro�osals for the Swiftel Center Ex�ansion Project City Manager Jeffrey Weldon
noted that at the City Council's goal-setting session earlier this year it determined it would be
advisable to get a second opuuon about certain aspects of the feasibility study done by VenuWorks
on behalf of the Swiftel Center for its proposed expansion. By Council action,he was directed to
solicit proposals from consultants that could be considered to conduct such a study. The major
purpose of a validation study is to scrutinize the market analysis,assessment of need,and economic
impact which is the whole justification for the project.
Weldon secured proposals from three companies that specialize in market analysis and feasibility
studies for public facilities. The companies are: Entertainment and Spoxts Consulting (ESC) of
Providence,R.I.;Convention Sports and Leisure (CSL) of Minneapolis,MN; and HVS Convention,
Sports, &Entertainment Facilities Consulting of Chicago, Ill.
When soliciting responses,he asked for simple,basic, stxaight-forward description of services and
costs. ESC complied with his request and submitted only a two page list of services and associated
costs which were $10,800 for the contract and$2,150 in reimbursable expenses. CSL and HVS
submitted much more comprehensive proposals. The CSL cost is $60,000 for the contract and a
maximum of reimbursable expenses of$6,000. HVS submitted a contract proposal for$25,000 and
any reimbuxsable expenses they incur.
In response to his description of the project to the vendors as a validation study to a feasibility study
already completed, CSL did not review the VenuWorks study indicating they did not want to be
biased by that report in preparing their proposal or their report. On the other hand,HVS and ESC
did see the VenuWorks teport so their pxoposal was in�luenced by what they saw. This leads to the
conclusion that the CSL proposal would actually constitute a comprehensive re-do of the
VenuWorks study and constitute a repeat of the process with another company,instead of just a
validation study of key aspects. The cost analysis appears to reflect this. The fact the less cosdy
proposals actually reviewed the VenuWorks study, and their proposals seemed to actually be geared
in a response to the VenuWorks study, seems to indicate they are tailor-made for an actual validation
analysis.
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Weldon said advantages of the CSL proposal is that they are close,being in located in Minneapolis,
and they have done a significant amount of work in the uppex Midwest. They are a very large
company and they would be working on a relatively small project so that has its advantages and
disadvantages. CSL also offered an alternate approach which would cut the cost of the first task
from$38,000 to $25,000. The first two tasks are the most important and the City could contract
with just Tasks I and II and either quit the project if the data does not merit further study; or not do
the subsequent tasks if the Council believes these are not needed. The point is that we do not have
to contract with the full amount of$60,000. He questioned the need for the subsequent tasks.
Likewise, the HVS proposal has a base fee of$20,000 and an optional economic impact analysis for
an additional$5,000.
Weldon recendy met with the Swiftel Advisory Board to review the proposals. The Board appxoved
a motion to recommend to the City Council that we contract with ESC for the validation study for
$10,800 plus $2150 for expenses. They also asked Weldon to get more information on the company
such as references, estimated timeline, etc.
Weldon provided the following options for Council consideration:
1) Adopt the recommendation of the Advisory Board and contract with ESC.
2) Accept one of the other two proposals and contract with eithet of them.
3) Reject all pxoposals and direct staff to find othex proposals.
4) Reject all ptoposals and conclude the study analysis with the VenuWorks report.
5) Take no action at this time and continue to study the issue or proposals.
Weldon noted that this is ane oF City's major goals for th�year and cont�acting for a second opinion
in the form of a validation study to the VenuWorks repoxt is part of that overall strategy. Future
steps will depend upon the outcome of this validation study.
He noted additional infortnation that was handed out at the meeting.
Weldon recommended the Council adopt the xecommendation of the Swiftel Advisory Board and
contract with Entertainment and Sports Consulting,LLC. This item was not budgeted for and he
plans to make a request for such funding to the Visitor Promotions Board at their next meeting. If
it is denied,he will bring the proposal back to the Council to further exploxe other financial options.
Deb Garbers, Swiftel Center Advisory Board membex, said the group reviewed the studies and
expansion plan and did determine the study done by VenuWorks was thorough. However,having
someone fxom the outside back up the study and add components would be desixable. The Board
agreed with the recommendations fxom the City Manager and found that firm's proposal as the
most beneficial and service for the least amount of money.
Bardey asked fox a timeframe to complete the study. Weldon said all the firms could do the job in
four to six weeks. Bardey asked how long the bid was good for. Weldon said usually 30 days.
Bardey uxged the Council to press ahead while the data is compaxable rather than put it off for suc
months.
Whaley said that the Council doesn't need to put this off,but asked where the $12,000 would come
from. Weldon said this was not in the City ox the Swiftel Center's budget. He has a request into the
Visitor Promotions Committee under their"non-event funding" program for consideration on June
30�'.
ACTION: A motion was made by Bartley, seconded by Brunner, to approve pending
funding from the Visitor Promotions Committee.
Di.rcu.crion: Council Member I�eed.raid when the Cauncil wa,r originally tadking about thi,r is.rue, they sveren't talking
about validation of the.rtudy;it zva.r validation of the concept. He feel.r this action i.rgetting away from that intent and
doe.rn't think there'.r value. Thi.r.rtudy look.r at the capabilitie.r currently of the Swiftel Center and itgoe.r thrnugh the
capabilitie.r of other facilitie,r in the region and what do event.r that happen in thi.r region and:vhat they need. He feel,r
thi.r study lvould.rkip the nrarketing.rtudy and it jump.r to the prnforirra. It doe.rn't.ray svhether or not the.re people
u�ould come here, it ju,rt addre.r,re.r svhat they need. He feel.r it'r the proforma that the Council want.r to look at and
validate. In hi.r opinion, the need i.r to look at what i.c the potential of the Center and�vhat type.r of ir.rue,r may come in
front of u.r that may block the Centergetting there event.r. That'.r rvhat we have to underrtand. To build it and hope
they 1vi11 come—sve're going to have prnblems and he feel.r it svill,ret it up for failure in the community. He feel.r the
Cor�nczd need,r mare data to canvince the community that thi.r i.r.romethfng 10 do. He cited example.r of marketing
re.rearch frorn previou,r employment where they made.rure the p�nduct ".rticks"arrd are able to.rell it. He feel.r we're
15 �
talking about building.romething that everyone el.re ha.r. I-Vhat do�ve have that we'll be able to.rell? He didn't feel
the.rtudy looked at that at all. In looking at.rtate/regional event.r, ave're ju.rt adding one moreyear into the rotation.
We're not looking at hou�often they will come to Brooking.r. In thi.r region, �villgroup.r come to Brnoking.r in.rtead of
Sioux Fall.r� lY>hat.rhould we o�'er to make.rure we can attract vendorr or event.r to come to Brooking.r? Can we get
vendor.r to.rhoiv here in.rtead of Sioux Fall.r� Tbe idea need.r a validation. We need a�dan, not do what everyone else
does. There'.r no marketing plan behind thi,c We need a vi.non of hoav to go fonvard, the right vi.rion, in order to have
a better chance to.rell the community. When the city goe.r to bond thi.r more than likely u�ill get referred. If the Council
doe.rn't have the an.raver to what we're goin�to do avith thi.r, thi.r could very lzkely get voted down. He cited the amount
of re.rearch the SDSU athletic department did when deciding to go to Diui.rion L They.rpent the time and found out
lvhether or not people avould come. He i.r against moving ahead avith a,�'10,000 commitment and he i.rn't ready for the
,$60,000. He feel.r it i.r important that sve have a vi.rion that sve automatically.rell to the community and it'.r the right
thing to do.
I.Yleldon.raid the intent i.r not to provide a marketing plan. The plan comes later. W/hat zva.r zntended to do i.r a
market a.r.re.crment and VenuWork.r.rtudy u�ent into that ngnificantly. What he inrtrcrcted the propo.rerr to do u�a.r to
validate the market assessment. lVe need to knoav if ave can get people tn come here and what do we need to do that.
That'.r avhat i.r enui.noned svith thi.r.rcope of 2vork, it'r not a marketing plan, it'.r a marketing a.r.re.crment. He agreed
with Reed that we need to come srp svith a pyngram that can be.rupportive of the project to take to the community, but
zve're not at that.rtage yet.
Keed.raid if we're going to make the decision to.rpend money, we need that market information. Weldon.raid that i.r
u�hat i.r intended to achieve—the marketability about the type.r of event.r. He noted that not all market.r are on a
rotating li.rt, many are.
Keed.raid if the.rtudy wouldgive a t�zre market as.re.r.rment and underrtand what really could come to the Center, then
he�vould be for it. Holvever, he didn't.ree that in the propo.ral. The more complete p�npo.ral from CSL i.r more
com�ilete with ca,re.rtudie.r analy,ra.r detail.r a much more thomugh packa�e lhan the VenuWork.r.rtudy. He',r not rure
if it°r to validate the VenuWork.r.rtudy or to ju.rtgather more marketing data to better underrtand our market.
Bartley fedt it was a marketing and fea.ribidity study and feel.r the Council need.c to validate it and a.r.rume.c that
I�enuWork.r ha.r done a!ot of ivhat i.r�que.rted. The City'.r doumfadl i.r that it'.r trarsting the VenuWork'.r data
re�r�.rent.r the true market. Are sve building it(Swrftel Center eacj�ansion)1 Horv do�ve.rell it to the public� He feelr
thi.r i.r our fir.rt.rtep and the,560,000.rtudy i.r pmbably the way to go but he's not ready to.r�end the money untid he
ha.r a validation that thi.r i.r.romewhat accurate and not ba.red on hype that can't be backed up svith data. He a.r.rume.r
the City willget that validation with this study for,�12,500. In his opininn, the City Cozrncil wants a validation that
thi.r data i.r good. If Weldon receive.r funding fr»m the Vi.ritor Promotions Committee to move fonvard with the
validation it will.ret the.rtage for the Council to make a further deci,rion on further analy.iz.r on how 2ve're going to
proceed. What'.r itgoing to look like� Hoav are 1ve going to market it? Thi.r ir a qua�i profarma from the people avho
manage the facility now ba.red on their experience.r and their faczlitie.r. Hopefully, we'll get a little more out of thi.r
validation.rtudy. He think.r the proforma and marketing come.r later ivhen the City determine.r exactly�vhat it svill
build and can tve.rell it.
Keed a,rked�vhat the City Council need.r validated�
Bartley.raid the,rtudy�vould validate the number of claim.r for the convention numberr if they had the facilitie.r it'.r
dacking right now. Wben looking at these types of facilities it is apparent that Sioux Falls ispursuing a bigger
market. They�vnuld like to give Brooking,r what they have and move on to.romething el.re. If Brooking.r i.r po.retioned
�iroperly to take the.rmaller eventr from Sioux Fall.r, we.rtand agood chance. Howtver, if not in thatpo.rition becau.re
we didn't have the vi�ion to build it urith a�ipmpriate facilitie.r, then thore event.r rvill go elrewhere. Sinux Fall.c ir
.retting it.relf sr�i to be a la�ger regional convention market. Brookingr i.r a step behind Sioux Fall.r and it�von'tget the
.rame market.r, ave'll get another tiered market which i.r.t�elled out in the.rtudy. The que.rtion i.r�vhether 2ve believe the
data or not. He agreed that many market.r ar�overbuilt hoping market.r lvould come and they didn't and Bmoking,r
need.r to be careful not to.rtep into that hole, but he feel.r B�noking.r i.r diverre enough on our location and type.r of
market to be in competition with other faczlitie.r. He al.ro noted that moving the Su•ifte!Center up to the next level zvill
open up,rmaller event,r to other facilitie.r in the ar�a. He feel.r thi,r a.r clo.re to a j�roforma a.r:ve're going to get. He
noted that SDSU had a lot of faith that Divi�ion I rvould Tvork and it did. The City need.r to.rtudy and put together
a plan and thi.r i.r the firrt.rtep.
McClemans.raid in�ading theirproforma.r the,8'60,000 prnpo.ral.reems to pmvide a!ot of information and broader
.rtudy. Gathering as much information as po.rsible is desirable before moving forward, but he isn't convinced on the
,�60,000.rtudy. He u�ants to make.rure the City i.r doing.romething that i.rgoing to be.rucce.rsful.
Reed r�commended the Councrl pause on thi.r i.crue and to lnok at what thi.rgrnup a�ers and have additiona!discus.rion
�vith thi.rgmsrp. He.nrgge.rted checking to ree if they could do the initial part(mid level proforma)and then have a
151
plan with the next.rtep. If the Counczl i.r okay at that point, then proceed with.+�ending additional money. In the
grand.rcheme of the e.xpan.rion pmject he doe.rn't think,$'60,000 would be that much to.rpend on it.
Weldon a.rked for clarification on the recommended propo.ral.r and alternative.r. The CSL prnpo.ral could provide a
review at�'38,000 or a.r low a.r,�'25,000 (1"a.rk 1:Market Demand Analy.ri.r and Ta.rk II:Building Program and
Event Level.r Analy.ri.r). It'.r worth con.ridering a.r another ivay to proceed.
There wa.r di.rcu.r.rion what a�'25,000.rtudy would provide ver.re,r the,$>2,500.rtudy. Under the CSL prnpo.ral, it
reduce.r down to ta.rk > and 2. Not included would be the preliminary con.rtruction co.rt analy,ri.r,financial operation.r
analy.ri.r, economic impact and cost/benefit analy.ri.r, and funding alternative.r analy.ris.
Mun.rterman commented that if the City want.r a true independent,rtudy that will tell u.r if�ve're on target, then a
deeper market analy.ri.r may be needed and he'r leaning more tolvard,c that work to be done now. At end of day, if the
City goe.r thi.r route urith a deeper analysi.r-over next fouryear.r it rvill be important to have that independent analy.ri.r
rather than.rpot checking u�ith other studie.r. He'd rather.rpend the money up front now and get a.r much done now.
That direction need,r to come from the City Council to the Vi.ritor Promotion.r Committee. It i.r a promotional item
and they may not be able to fully fund thi.r reque.rt. He would favor doing it right. It'.r better to make.rure to do the
homeu�ork up front.
Bartley a.rked if the City Council.rhould make it the full,�'60,000 and get it moving. Mun.rterman.raid the Council
couldgive the Vi.ritor Promotion.r Committee that direction.
ACTION: A substitute motion was made by Bartley, seconded by Brunner, to approve up
to $60,000 contingent on funding from VPC and then make determination of which study
and which portions thereof based on the findings of the results,pro rated as necessaty by
the city manager.
Di.rccr.crion: Weldon a.rked for clarification of which ta.rk the Council wanted in the.rtudy, referring them to Page 24
of the CSL.rtudy. He.rugge.rted that outline�ot to the core of what the City need.r. The other ta.ck may not be needed
or city,rtaff'can do.rome of them. Hozvever, task.r 1 and 2 are the mo.rt important that uridl provide the needed data.
Garber.r.raid the City need.r the.rtudy of cu.rtomerpotential and market analysi.r. It would al.ro pmvide the mi,r,ring
part.r of the.rtudy which would validate the.rtudy. Thi.r study along zvith what's already been done wild provide a
complete package.
Beed.raid he felt W>eldon ava,r co»zct in that there are.rome item.r that the City can do nur.relve.r and a.r�ve move alon�
look to having tho.re item.r done.
Tom I�ichter, S�riftel Center Executive Director, commented that all three of the companie.r would pmbabdy alter their
propo.ral.r to pmvide additional information ifgiven an opportunity. That would prouide the Council:vith three option.r
rather than one. Weldon noted that tsvo of them prnvide more information than 2va,r requested.
On the substitute motion, all present voted yes,motion carried.
On the original motion with the substitution, all present voted yes,motion carried.
6:OO.p.m. Meeting Review. The City Manager xesponded to questions pertauung to the action
items on the agenda.
�it_y Clerk Rebort• Shari Thornes,Brookings City Clexk,provided a briefing on upcoming
invitations and obligations.
�ity Council member introduction of topics for future discussion.
Bartley requested Council discussion regarding a policy on tax increment fmancing distsicts.
G:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Ba�dey, seconded by Whaley, to approve the consent
agenda,which included:
A. Action to approve the agenda.
B. Action to schedule a special City Council Meeting for July 24`�with the Hospital Board.
On the motion, all present voted yes;motion carried.
1g`Reading-Ordinance No. 29-08. Fitst reading was held on Ordinance No. 29-08: Ordinance
amending Article II of Chapter 38 of the Code of Ord.inances of the City of Brookings and
pertaining to Flood Damage Prevention. Public Hearing.• July 8, 2008
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2nd Reading-Ordinance No. 28-08. A motion was made by Whaley, seconded by Bardey, to
approve Ordinance No. 28-08: Budget Amendment-An Ordinance Entitled"An Ordinance
Authorizing a Supplemental Appropriation to the 2008 Budget for the Purpose of Pxoviding for
Additional Funds for the Operation of the Ciry. All present voted yes;motion carried.
Resolution No. 47-08-Sidewalk Necessitx. A public hearing was held on Resolution No. 47-08,
Dete+�*n�ning the Necessity of Repaiting or Installing Sidewalks in the Ciry of Brookings at the
Expense of Abutting Property Owners, 2008-01SWR Sidewalk Repair Project. A motion was made
by Reed, seconded by McClemans, to apptove. All present voted yes;motion catried.
Resolutiott No.47-08
Resolution Determining the Necessity Of Repairing
Or Installing Sidewalks in the City Of Broolungs
At The Expense Of Abutting Property Owners
2008-01SWR Sidewalk Repair Project
BE IT RESOLVED by the City Council of the City of Bxookings,South Dakota,as follows:
1) It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and
lots of land in the City described in the Notice to Property Owners attached to this Resolution and
maxked as 2008-01SWR Sidewalk Repait Project.
2) Such sidewalks shall be to the width and of the materials prescribed by Section 605"Sidewalks"
and Section 701.3-16 of Ordinance No.532 entitled"r1n Ordinance Providing Rules,Regulations and
Standards to Guide Land Sub-division in the City of Brookings and Within Three Miles of the Ciry
T•imits Thereof'and to the gxade and in accocdance with the Plans and Specifications psepated in the
office of the City Engineer.
3) The City Clerk has caused a copy of the Resolution and a Notice to Propexty Owners to be mailed
to each property ownex by ce�fied mail. .
Resolution No. 50-08—Change Order. A motion was made by Bartley, seconded by Brunner,to
approve Resolution No. 50-08,Resolution authorizing Change Order#2 (CCO#2) for 2008-03STI
Downtown Streetscape Project. All present voted yes;motion carried.
Resolutiott No.50-08
A Resolution Authorizing Change Order#2(CCO#2)For
2008-03STI Downtown Streetscape Project
Winter Biothers Underground,Inc.,Sioux Falls,South Dakota
BE IT RESOLVED by the City Council that the following change arder be allowed fox 2Q08-03SSI,
Downtown Sueetscape Project:-Constnxction Change Order Number 2: 1�djust estimated the bid
contract to omit the following bid items at the appropriate bid prices for a total decrease of
$50,200.00 to the contract:Bid Item�9(Construction Staking and Conuol),Bid Item r110(Testing&
Inspection Services),Bid Item B10(Remove Storefxont Awning�,and Bid Item C7(Bicycle Bollard).
Resolution No. 48-08-Annexation. A motion was made by Whaley, seconded by Reed, to
approve Resolution No. 48-08,a resolution to annex approximately 7 acres of land into the City of
Brookings (Oudot A in the NE '/4 of the NW '/4 of Section 3-T109N-R50V�. All present voted yes;
motion caxried.
Resolution No.48-08-Annexation
WHEREr�S,The City of Bxookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex
contiguous territory upon receipt of a written petition, describing said territory sought to be annexed,
signed by not less than three-fourths(3/4)of the legal voters and by the ownex or ownexs of not less than
three-fourths(3/4)of the value of said territory,and
WHEREAS,The City of Brookings desi�es to annex the following described property,to wit Outlot r1
in the NE'/.of the NW'/.oE Section 3-T109N-RSOW
WI�RF�1S,The afoiesaid land is contiguous to the present boundaries of the City of Brookings,and
WHERE�IS The City of Brookings has received a Petition For�nnexation of Territory signed by the
owners of greater than three-fourths(3/4)of the value of the aforesaid property and there being no legal
voters residing in said territory,now thexefore,
BE IT RESOLVED By the City of Brookings,South Dakota,that the property described above is hereby
anneaced to the City of Brookings.
Resolution No. 49-08-Annexation. A motion was made by Reed, seconded by Brunner, to
approve Resolution No. 49-08,a resolution to annex appro�cimately 12 acres into the city of
Brookings (the west 390 feet of the east 1,040 feet of the SE '/a of the NW '/4 of Section 1-T109N-
R50�. All present voted yes;motion carried.
Resolution No.49-08-Annexation
WHERF.r1S,The City of Brookings is authorized pursuant to South Dakota Codifled I.aw 9-4-1 to annex
contiguous tertitory upon ieceipt of a written petition, describing said tesritory sought to be annexed,
signed by not less than three-fourths(3/4)of the legal voters and by the owner or owners of not less than
three-fourths(3/4)of the value of said territory,and
153
VUf IER�AS,The City of Brookings desires to annex the following described property,to wit:
The west 390 feet of the east 1,040 feet of the SE'/<of the NW'/<of Section 1-T109N-RSOW
WI�REc1S,The aforesaid land is contiguous to the present boundaries of the City of Brookings,and
Wf�RE11S The City of Bxookings has received a Petition Fox Annexarion of Territory signed by the
owners of greater than three-fourths(3/4)of the value of the aforesaid propexty and thete being no legal
voters residing in said territory,now therefore,
BE IT RESOLVED By the City of Bxookings,South Dakota,that the property described above is hereby
annexed to the City of Brookings.
Adjourn. A motion was made by Munsterman, seconded by Reed, to adjourn. All present voted
yes;motion carried. Meeting adjourned at 6:20 p.m.
CITY OF BROOKINGS
Sco . Munsterman,Mayor
�?� '• �h�OAb�p
�• ✓ o.o / / /v/
P es, City Clerk