HomeMy WebLinkAboutCCMinutes_2008_08_12 16 �
Brookings City Council
August 12, 2008
The Brookings City Council held a meeting on Tuesday,August 12, 2008 at 5:00 p.m.,at Ciry Hall
with the following membexs present: Mayor Scott Munsterman, Council Members Julie Whaley,
Mike Bardey, Ryan Brunner,Tim Reed,Mike McClemans,and Tom Bezdichek. Ciry Manager
Jeffrey Weldon, City Attorney Steve Britzman,and City Clerk Shari Thornes were also present.
2009 Budget Discussion. The City Council reviewed the proposed 2009 Budget document as
presented by City Manager Jeffrey Weldon. Weldon reported that the 2010 proposed budget was
developed using 4%increase on some revenue lines, 4%increase on most expense lines, 10% on
insurance lines, no increase on most transfer in to general fund lines except the utiliry transfex which
is based on their capital budget projections. 2010 has an additional police officer projected in the
salary lines.
Per discussion at the last Council budget work session, staff has reduced the City Manager's
contingency line by$10,000, added$10,000 fox bike route designation within the engineering
budget, and added$30,000 for restrooms and a shelter at the community gardens in the park capital
budget. The topic fox bike routes is on the agenda for the next Transportation Board meeting.
Budget policy items and/or changes which may need direction for budget prepatation:
1) Cable Franchise Fee increase from 3 to 5 percent.
2) Taser Equipment for Police Department.
3) Creation of Community Development Department,hiring a Director.
4) Add a Stteet Maintenance Technician at mid-year.
5) Incxease council salary by$50 per month.
6) Participation of I-29 corridor initiative.
7) Institute physicals for volunteer fixefighters.
8) Elimination of school district subsidy.
9) Addition of Bike Txails Project to 2009 Budget"
10) Additional request from Visitor Promotions Committee for$50,000 for a community
branding and marketing project.
VPC Rec�uest. It was noted that this xequest was just received and the deadline was June 15`. The
Committee has been working on developing a brand identity for Brookings, to ensure a unified
image for marketing. A motion was made by Reed,seconded by Brunner, to increase the Visitor
Promotions Committee expenses by$60,000 and funded by the Third B sales tax fund. All present
voted yes,motion carried.
School District Transfer. Weldon made a recommendation to eliminate the school district funding
assistance for the 2009 budget. He noted this was not a recommendation that he made lighdy;
however,budgets are an issue of setting priorities. Those priorities should reflect the goals,
strategies and mission of the organization. The school district funding is a subsidy. The mission of
municipality is different than that of a local school district,which is to educate children. The City's
mission is public safety,parks,recreation, trash collection,and a wide variery of other responsibilities
and services. T'his is a matter of priorities and he noted that educating chiidren is a top priority of
society;however,it is not a top priority for a unit of government. The City's budget is in tight times
and it's his job as city managex to make budget recommendations. He said there was time when
there was more funding available between the various units of local government that allowed the
City to give more money. He noted this was a donation,a gift,and the city has no legal obligation
to make this transfer. It was a gift in recognition relative to payment in lieu of taxes. Brookings
Municipal Utilities isn't taxable. Historically,whatever the transfer number has been can not be
logically tied to a specific amount. Rural co-op utiliry companies pay gxoss receipts tax for electrical
or telephone,which is designed for rural areas. Investor owned utilities pay an aggxegated amount in
lieu of taxes. The City of Brookings is fortunate to have public power. We won't be able to
accurately calculate or dxaw a comparison based on profitabiliry. If we had an investor owned it
would have been NWI'S,which is just coming out of bankruptcy and then there'd be no payment.
Without public power be in rhis community the school district would have had a 30%increase in
their electric bill and 21%higher in telephone.
He said everyone has budget challenges—state, city and school. No where else has he seen a
situation where there is a subsidy from a city to the school. He feels that city government can't
afford to solve the school district's challenges. We have great paxtnerships but those must be fair
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and equitable. The City waives all building fees for the school district. They also don't pay storm
drainage fees. There's also a full-time school resource law enforcement officer and school safety
crossing patrols provided by the city. However, the city doesn't have any financial participation or
cost sharing for these services from the schools.
Roger DeGroot,Brookings School Superintendent, spoke against the possible loss of city funding
from the utilities revenues. He noted that when he took the position as Superintendent he had
marveled at partneYShip between city and school, citing the example of the school parks. Over the
past year he has worked with city staff on numerous projects via joint use agreements (pool, gym,
mowing, etc). No one could ever say or doubt the relationship between the city and school because
it's exceptional. He thanked the City Council for everything they have done to support the District
over the past year.
The arrangement since 1988 has been to ttansfer money from the utilities to the schools. From his
research, this is the 20`h year of the district receiving money from excess revenues from utilities.
Originally, Superintendent Bob Jostad went to the Utility Board to get money in lieu of taxes as a
fairness issue. Previously, the money was received direcdy from the utilities;howevex,now it is
transferred to the city and then to the schools. The numbers have decreased over the years.
DeGroot said the school district should continue to receive the funds,noting that all school districts
in South Dakota receive taxes from phone service with three exceptions. Most districts received 4%
of gross receipts.
He noted that the City will be hiring someone for community and economic development. There is
no better draw for economic development than great schools. Many people,priox to making a
committnent to moving, check the schools and Brookings has a great reputation and with the City's
help that might continue. He also noted that this would decrease the school district's general fund
budget. New teacher hiriug is funded by that budget. These funds would pay for su�new teachers.
He requested the funding continue. It was fair then and it is fair now.
Ann Lamer spoke in favor of the school funding noting that she grew up in Bxookings and returned
because of the opportunities it can pxovide to raise her five children. She sees Brookings as a place
where education is important. It was one of the main reasons that she and her husband came back
here. She said there is no reason greater than that to keep the budget as is and still fund that money.
Amy Dunkle, former School Board President, said education is a priority of the city and an integral
patt of community development. She noted that the Council just funded$60,000 fot community
branding. She doesn't believe this money to the schools is a hand out. It is a faix arrangement in
lieu of taxes. She cited other projects that receive city funding (downtown, airport, and library);all
are part of the community just]ike the schools. She feels eliminating the school funding would be a
huge mistake. There's a fabulous partnership between the city and school now. Spend the money
up front for the future of the children.
Annie Borns spoke in favox of retaining the school funding noting she is a lifelong community
member and educator of children. She said when Mr.Jostad entered into that agreement he thought
it was fair and good business practice to invest in the Bxookings education system. The funding can
impact the children at an early age and provide them with a good start in education. She said there
are a lot of gteat things in Brookings and great oppoxturuties affotded in this community. She urged
the Council to think about it and the overall impact on our youth in our community and that it's
good business to invest in them.
Council Di.rcu.rsion: The Council a,rked for hi.rtory regarding the dmp in the funding amottnt. Rita Thomfi.ron,
Brooking.r Finance Manager, .raid the funding amount wa.r ba.red on the tran.rfer fmm the municipal utilitie.r, which
ha.r reduced over theyear.r. The amount ha.r been 13% of the tran.rfer;however, ther�i.r no agreement, re.rolution or
anything in svriting stipulating an amount.
W/eldon.raid the tran fer amount from BMU change.r everyyear arrd ha.r decrea.red. In lieu of any formal agreement,
city.rta�f'need.r direction on whether to continue this practice and the amount. If.ro, there need.r to be a way to
determine the amount. The city telephone uril!,roon be down to ju,rt zvireles.r.rince many people no donger have land
lines. Should the City tie the funding amount to telephone or electrrc? There need.r to be.rome arrangement for next
year to know exactly�vhat that amount will be and where it i.r coming from. I.Ylithout a formal agreement, it'.r agzft.
We don't have a plan or�vay to determine�vhat it�rill be.
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ACTION: A motion was made by Bartley, seconded by Bezdichek, that the City restore $207,000 to
the Brookings School District in the 2009 budget and to come up with plan for funding through
negotiations between the School Board and City so this doesn't happen again.
Di.rcu.r.rion on the motion: Betidichek voiced hz.r.rupport in funding the.rchool di.rtria•t citing funding inequitie.r lvithin
citygovernmental unit.c He noted that the city ha.r to pay$83,000 ayear to rent fire hydrant.r from the utilitie.r and
anather,�345,000 in.rtreet lightr. He al.ro noted the funding ca�iacity of Brooking.r Health Sy.rtem.r and their ability
to contribute to the.rchool.r.
Whaley.raid it'r a tough budget and foryear.r the czty ha.r denied the hiring of more police of�'icer.r, noting that incr•ea.red
laui enforcement i.r important for the.rafety of all the children. The city al.ro ha.r had many complaint.r aboaet the road
condition.r. City employee.r aren't receiving adequate rai.re.r in compari,ron to the.rchool di.rtrict. City department.r need
many piece.r of equzpment that they haven't been able to purcha.re and have noiv reached a rafety is.rue. She.raid there
needs to be documentation on how the city tran.rferr are.rpent b_y the.rchool. She.raid tbi.r i.r a tough decision. As for
Brooking.r Ho.rpital, it i.r time for them to j�rovide.rome direct line funding. The City doe,r the Ho.rpital'.r payroll, their
inve.rtin� etc.
Pam Merchant, Schoo!Board Member, a.rked hou�many of the.re.rervices the city own.r and.rhould it o�vn� Ad!
.rervices.rhould be re-a.cres.red to determine�vhat can be privately o2vned.
Keed said he was su�iportzng the motion and think.r it i.r important to tie the di.rtrict funding to a gro.r.r tax percentage.
He prai.red the City Manager for bringing thi.r i.r.rue to the City Council.
McCleman.r adro.raid he ivoardd.rupport the motion and cited.rome hi.rtory when thi.r i.crue came up in 1999 and 2000.
He pvoudd.rupport the >3%that had been u.red previou.rly and svould vote in favor of leaving money intact at thi.r time,
but�va.r un.rure about lying it to anything but the tran.►fer.
Brunner.raid money.rpent on education i.r an inve.rtment. He rvould like to tie the fund.c to something that would be
con.ri.rtent. He u�auld like to see ongoing di.rcu.r�ion.r on horv to make it con.n.rtent.ro the city and.rchool kno�v.r how to
plan.
Munsterman czted thi.r activity fall.r directly svithin the Counci!'r 2008 goal.r that included education and literacy under
quality of life goalf
Dave Fielder, ,rchoolprinci�ial, complimented the city on the recent "community-build"park. He'r never.reen a
cnmmunity build project like wa.r done in Brookings and commended the community for its partnerrhip.r. He u�ged the
Council to keep tho.re�iartner.rhip.r no matter tvhat it take.r.
On the motion,all present voted yes;motion carned.
6:00 P.M. CITY COUNCIL MEETING
Consent A,genda: Consent Items F and G were removed fxom the consent for additional
discussion. A request from the hospital board was added to the agenda. A motion was made by
Bezdichek, seconded by Whaley, to approve the consent agenda,which included:
A. Action to approve the agenda, as amended.
B. Approval of July 24`�City Council minutes.
C. Action to appoint Lonnie Bayer to the Brookings Committee for People who have
Disabilities. Term to expire January 1,2009.
D. Action awarding bids for Golf Course Materials and Labor. Award schedule A (Labox
to shade greens) to Myers Grading of Elkhorn,NE for$28,800. Bid also received by �ast
Coast Shaping of Dalton,MA for$65,000. Awaxd Schedule B (Concrete Sand delivered) to
L.G. Everist of Brookings for$6,750. No othex bids received. Award Schedule C (organic
peat) to Dakota Peat of Gxand Forks,ND for$7809.39. No other bids received.
E. Action awarding bids for Irrigation Materials to Hydrologic, Inc.of Sioux Falls in the
amount of$27,066.19. No other bids were received.
F. Action awarding bids for Safety Bollards for the Dowtrtown Streetscape project.
(REMOVED FROM CONSENT)
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G. Action awarding bids for the Downtown Streetscape Site Furnishings. (REMOVED
FROM CONSENT).
H. Action on Resolution No. 70-08,vacating a portion of Twelfth Avenue in the City of
Brookings abutting Lots 6 and?, Block 4, Randi Peterson's Addition, and Lots 4 and
5, Block 1,Wheaton's Addition.
Resolution No.70-08-STREET VACATION
WH�RE�1S,a petiuon to vacate has been Filed with the City Clexk of the City of Bxookings,and
WHERE�S,the petition was filed in proper form and signed by one hundred percent(100%) of the
adjacent pxopexty ownexs.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the Ciry of Brookings:
That the portion of Twelfth�venue in the City of Brookings abutting Lots 6 and 7,Block 4,Randi
Peterson's Addition,and Lots 4 and 5,Block 1,Wheaton's rlddition:r1LL in the City of Brookings,
County of Brookings,State of South Dakota is vacated subject to a right-of-way easement ovex the
enrire portion of the street to be vacated.
I. Action on Resolution No. 71-08,vacating a portion of Fourteenth Avenue in the City
of Brookings abutting Lots 8-11, Block 2,Wheaton's Addition, and Lot 1,Amidons
Addition, and Lots 1 and 2, Block 1, Saunders Addition.
Resolution No.71-08-STREET VACATION
WHERE�S,a petition to vacate has been filed with the City Clerk of the City of Btookings,and
DVHEREAS,the petition was filed in pioper form and signed by one hundxed percent(100%)of the
adjacent property owners.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Brookings:
That the portion of Fourteenth�lvenue in the City of Brookings abutting Lots 8-11,Block 2,
Wheaton's rlddition,and Lot 1,rlmidons rlddition,and Lots 1 and 2,Block 1,Saunders 1�ddition;
�LI,in the City of Brookings,County of Brookings,State of South Dakota is vacated subject to a
right-of-way easement ovex the entire pottion of the street to be vacated.
J. Action on Resolution No. 72-08 designating the Park& Recreation Center as
a Temporary Convention Hall for the Firemen's Dance.
Resolution No.72-0$
Resolution Designating the Park and Recreation Center as a Convention Hall
WHEREAS,the Brookings City Oxdinance Section 5-21 "Temporary on-sale license for use at
convention Hall",states"riny public convention center or hall designated by resolution of the City is
hereby designated as a convention hall of the City for purposes of temporary on-sale alcoholic
beverage licensing. The use of each convention hall by any person holding a temporaty on-sale
alcoholic beverage license shall be governed by the rules or regulations pextaining to each respective
facility."
WHEREAS,SDCL 35-4-14.2 furthex states there may be issued in any muxucipality one on-sale
license to be operated at a designated convention hall;and
WHERE�IS,the Park and Recxeation Centex located at 221 Main rlvenue is utilized for many
different functions and events;and
NOW,THEREFORE BE IT RESOLVED that the Park and Recreation Center Ue designated as a
Convention Hall on September 6 and 7,2008.
K. Action on Resolution No. 65-08, a Resolution Opposing Initiated Measure #10.
Resolution No.65-08
Resolution Opposing Initiated Measure#10
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows:
WHEREAS,Initiated Measure#10 would prohibit any city ftom paying dues to any association that lobbies;
WHEREr1S,it is far more efficient and cost effective to join togethex with oux fellow cities through
the SD Municipal League fox coordinated communication with the Legislature than to have each city
stand alone;
WHEREr1S,the costs to the taxpayers of having each city monitor,report,and travel to Pierre to
paxticipate in the Legislative Session would be much greater than any dues to the SD 1�lunicipal
League;
WHERE�S,coordinated communication with Legislators leads to more efficiency in the Legislative
process and has saved millions of dollaxs in taxpayer funds;
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WHEREAS,restricting the ability of South Dakotans to support candidates and communicate with
their elected public officials is a violation of their right to fxeedom of speech;
WHERE�S,the measure will be challenged in court and urill most likely be found to be
unconstitutional,costing millions of dollars in taxpayer money;
WHERE�IS,Initiated Measuxe#10 does not limit State government-paid lobbyists,out-of-state
lobbyists,or corporate lobbyists,but only stitles coordinated voices for local controi;
WHERE�S,the City of Bxookings finds that municipal officials throughout South Dakota are
dedicated,honest and ethical people with the best interests of their cities in mind and that cities take
gteat pride in providing open,honest govemment to our citizens;
WHERF.��S,the thousands and thousands of South Dakotans who do business with the State,
Cities,Counties,and othex governmental entities should not be penalized for providing such
services;
WHEREr1S,civic groups who work to better their community,and often require local funding to
provide their services should not be prohibited from communicating theix needs to local public
servants;
WHERE�S,the forces supporting Initiated Measure#10 will not reveal the source of theix funding,
leaving the reasonable assumption that out of state special interests are once again attempting to
hijack the South Dakota ballot and abuse our initiative process;
THEREFORE let it be xesolved that the City of Brookings strongly opposes Initiated Measure#10
and urges the citizens of Sauth Dakota to vote"NO"on the measure.
NOW THEREFORE,IT IS HEREBY RESOLVED by the Ciry Council of the City of Brookings,South
Dakota,as follows:
L. Action to appoint Tyler Luckhurst to the Visitor Promotions Committee as an SDSU
representative. Term to expire January 1,2009.
M. Action to appoint Tyler Luckhurst to the Brookings Transportation Board as a SDSU
representative. Term to expire January 1,2009.
N. Action on Resolution No. 75-08, concurring in the placement of stop signs at the
intersection of Prince Drive and 32°d Avenue.
Resolution No.75-08
Concurring In The Placement of Stop Signs At the intersection of 32°d Avenue and Prince
Drive
WHERE�S,Section 82-373 of the Revised Oxdinance of the Ciry of Brookings,provides foc
appioval by the Ciry Council for placement of stop signs in locations other than along through streets.
NOW,THEREFORE,BE IT RESOLVED that the City Council concurs in the recommendation of
the City Engineer and the City Manager and approves the placement of stop sign on Prince Drive at
its intersection with 32"d rlvenue.
On the motion, all present voted yes; motion carried.
Bids —Safety Bollards. A motion was made by Brunner, seconded by Bardey, to award the bid to
J.H. Larson in the amount of$360 each for 74 for a total of$26,640 for safety bollards for the
downtown stteetscape. Other bids received at the August 5`�'bid letting: Dakota Supply, Sioux Falls
($573 each, $42,402), Graybar Electric,Brookings ($360.62 each, $26,768), and Crescent Electric,
Siow�Falls ($600 each, $44,400). Dircus�ion: Betidichek a.rked if the bollard.r could be u.red to lock bike.r to.
No, the location.r are in the cros.r�valk.r and�vould not svork ivell for&ike,r. All present voted yes;rnotion
caxried.
Bids —Streetsca�.e Site Furnishings. A motion was made by Whaley, seconded by McClemans,
to award bids as follows:
SCHEDULE A—BENCHES (22): Award bid to Dakota Fence for$21,307 TOTAL BID PRICE.
The unit price does not include freight,while the Total Bid does. Specifications indicated bid would
be awarded on total price;unit price was for purpose of change-order if more or less were ordered.
(Note: R.J.Thomas does not meet minimum specification,in materials (bid-1/8inch strap steel vs
'/a inch specified and Peterson Mfg. does not meet minimum specifications in design and material
(bid flat steel bench legs vs cast iron omamental design specified.)
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SCHEDULE B —WASTE RECEPTACLES (22): Award bid to Dakota Fence for$15,973.
TOTAL BID PRICE. (Note: R.J. Thomas does not meet minimum specifications in materials &
design;Peterson Mfg. does not meet design specifications;(domed top specified, not available).
SCHEDULE C—BII�E RACKS (22 Mu1ti Loop 10 Single Loop): Award bid for schedule C bike
racks (22 multi Loop) to Dakota Fence for Total Price of$6,553. Delete purchase of 10 single loop
Yacks (not needed). (Note: R.J. Thomas and Peterson Mfg. do not meet minimum specifications
(bid 2 3/8 inch OD on mulri-loop, 2 7/8 inch OD was specified).
SCHEDULE D —PLANTERS (24): Award bid to Peterson Mfg. Co. for Total bid of$12,168.
(Note: Low bid of Peterson Mfg. does meet specifications.)
ALTERNATE BID 1 AND 2. Not applicable as not all equipment comes from one company.
BID TAB
STREETSCAPE FURNITURE Dakota Fence Peterson Mfg. R.J.Thomas Mfg.
Au st 5,2008 Fargo,ND Denison,Ia Cherokee,Ia.
BID SECURITY Bid Bond Bid Bond Cashier s Check
SCHEDULE A. BENCHES (22) $887 each �869 each $709.02 each
TOTr1L BID $21,307 $19,118 $15,598.44
SCHEDULE B. W11STE RECEPTr1CLES (22) �662 each $675 each $591.89 each
TOTr1L BID �15,973 �14,850 $13,021.58
SCHEDULE C. BIKE R�1CKS
Mutli-Loop (22) $277 each $219 each $268.31 each
TOT�I,BID �6,553 $4,818 �5,902.82
Single Loop(10) $160 each �185 each $159.26 each
TOTr1L BID �1,895 $1,850 $1,592.60
SCHEDULE D. PL�INTERS (24) $552 each $507 each No bid
TOTt1L BID $14,1G9 �12,168
�1LTERNr1TE BID 1. LUM SUM $1,256 No bid $3,585.98
Schedule r1,B,C uanti Discount
r1LTERNr1TE BID 2. LUM SUM $788 No bid No bid
Schedule D uanti Discount
Di.rcu.r.rion: Be�dichek a.rked if city.rtaff had information on other bike rack de.rign.r including multi and.ringle dooj�
de.cign.r. He noted the nesv empha.ri.r on bike and pede.rtrian tra�zc in tozvn and the univer.nty. He rugge,rted a more
innovatzve and creative de�ign than svhat wa.r propo.red citing example.r acro.r.r the nation. He al.ro a.rked about the
location for a bike exchange program. Allyn Frericht.raid they are limited on location.r and sitie and there rvil!be an
additional 110.rpot.r that didn't e.xi.rt before. The propo.red bike rack.r are.rurfaced mounted and can ea.rily be replaced
in the future.
All present voted yes;motion carried.
First Reading—Ordinance No. 30-08: SB126. First reading was held on Otdinance No. 30-08,
an Ordinance establishing procedure for the issuance and xegulation of on-sale licenses for full-
service restaurants in the City of Brookings, South Dakota (Senate Bill 126). Public Hearing:
August 26,2008
First Reading—Ordinance No. 31-08: Sidewalk S�ecifications. First reading was held on
Ordinance No. 31-08, an Otdinance amending Article V of Chapter 74 of the Code of Ordinances
of the City of Brookings and pertaining to Sidewalk Specifications. Public Hearing: August 26,
2008
Temporary Lic�uor License—Fireman's Dance. A motion was made by Reed, seconded by
Brunner, to approve a temporary liquor license for the Fireman's Dance at the Park&Recreation
Centex on Septembex 6,2008. All present voted yes;motion caxried.
Resolution No. ?6-08—Ho�e VI Grant. Randy Hanson, Mills Construction,indicated that the
materials for the grant submission were not ready and the application process was more extensive
than previously thought. He plans to submit an application in the 2009 grant cycle and requested
the City's support at that time.A motion was made by Bardey, seconded by Brunner, to table
Resolution No. 7G-08, authorizing support for a HOPE VI Grant application.
All present voted yes;motion carried to TABLE.
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Resolution No. 74-08— Change Order. A motion was made by Brunner, seconded by Reed, to
approve Resolution No. 74-08, authorizing Change Order #5 (CCO#5) for 2008-03STI,Downtown
Streetscape Project. All present voted yes;motion carried.
Resolution No.74-OS
A Resolution Authorizing Change Order#5 (CCO#5)Fot
2008-03STI Downtown Streetscape Project
Winter Brothers Underground,Inc.,Sioux Falls,South Dakota
BE IT RESOLVED by the City Council that the following change order be allowed for 2008-03SSI,
Downtown Streetscape Project: Construction Change Order Number 5:1�djust estimated the bid
contract fox the additional work of removing the steam tunnel and all asbestos contauung material to
an estimated depth of 2.5 to 3.5 feet below the final xoad grade. The contractor will not be charged
tipping fee. This woxk is on Main�lvenue between 5'i'Street and the south end of the project,or
steam line,which ever comes fiist. The removal work will be measured and paid for at a cost of$99
per lineal foot for an estimated length of 1000 feet for a total change ordex increase to the contxact of
$99,000.
Growth Partnership MOU. A motion was made by Whaley, seconded by Reed, to approve a
Memorandum of Understanding for the Growth Partnership. All present voted yes;motion carried.
MEMORANDUM OF UNDERSTANDING
Between South Dakota State University Growth Partnership
and the City of Brookings
This Memoxandum of Understanding, dated August 12, 2008,is by and between the South Dakota
State University Growth Partnership (hereinafter referred to as zhe SDSU Growth Parmership) and
the City of Brookings concerning the maintenance and repair of the common roadways and utilities
within the SDSU Innovation Campus.
WHEREAS, the SDSU Growth Partnership was established for the purpose of stimulating tech-
based economic development in the City of Brookings and the State of South Dakota, and
WHEREAS, the SDSU Growth Paxmexship entered into a 99-year ground lease with the Board of
Regents to develop 125-acres of land located noxth of 6`� Street;east of 22"d Avenue;and south of
the Highway-14 Bypass, adjacent to SDSU's main campus, and
WHEREAS, the City of Brookings has developed a plan to stimulate economic development and
increase municipal services to enhance the quality of life in Brookings, and
WHEREAS,both the City of Brookings and the SDSU Growth Partnership have agreed: to
cooperate in the development of South Dakota.'s first University related research park,referred to
herein as the `SDSU Innovation Campu.r';to assist in stimulating tech-based economic development
in the City of Brookings and the economy of South Dakota,and
WHEREAS, the SDSU Growth Partnership has developed an infrastructure master plan concerning
the installation of streets, cutb,gutter, sidewalks, detention ponds, and underground utilities.
WHEREAS,the SDSU Growth Paxtnexship has raised funds to install infrastructuxe,but lacks on-
going funds for maintenance and repait, and
WHEREAS, the SDSU Growth Partnership and the City of Bxookings recognize that proper
maintenance,repaix and management of the stteets and infrastructuxe is critical to the development
and growth of the SDSU Innovation Campus,and
WHEREAS,it is the intent of all parties to this Agreement to encourage a cooperative relationship
among the parties to implement a consistent approach to the maintenance and management of the
streets and infrastructure of the SDSU Innovation Campus, and
WHEREAS, the parties to this Agreement recognize the need for cooj�eration in the enforcement of
laws within the SDSU Innovation Campus and agree that any Joint Powers Agreements and
Operating Agreements for policing of SDSU Campus property shall also include the SDSU
Innovation Campus, and
WHEREAS, the City of Brookings acknowledges that development and growth of the SDSU
Innovation Campus will attract new business growth in Brookings. These companies will stimulate
the economy of Brookings through the creation of high-tech/high-paying jobs,which will provide
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additional revenues and funding resources that will impact and likely increase revenues of the ciry,
and
WHEREAS,it is the goal of both parties to this Agreement for the City of Brookings to maintain
and repair SDSU Innovarion Campus streets and inftastructure so the SDSU Growth Partnership
will have the ability to attract existing and new high-tech businesses into the SDSU Innovation
Campus,
NOW THEREFORE,in order to accomplish the objectives set foxth above, the paxties hereto
agxee to the following:
1. The City of Brookings will provide the following services:
a. Repair and maintain common roadways, common curb and gutter, and common
sidewalk areas beginning at the main entrance of the Innovation Campus off 22"a
Avenue, through the common roadway ring, and existing back onto 22"a Avenue.
Repair and maintenance of all common roadways will include chip and seal, ovexlay,
crack sealing and street sweeping as provided by the City on all City dedicated right-
of-way streets (see Exhibit A attached).
b. Snow removal in common roadways beginning at the main entrance of the
Innovation Campus off 22"d Avenue, through the common roadway ring,and
e�sting back onto 22°d Avenue. Snow removal will be stockpiled in designated areas
or adjacent landscape areas in a mannex to pxomote safety for vehicles and
pedestrians throughout the season. Fire lanes, service areas,garbage and utility
enclosures, and delivery areas will be kept clear (see Exhibit B attached).
c. Maintenance and repair of storm sewer system,water, and all utilities provided by the
Ciry and Brookings Municipal Utiliry (BML�.
2. A representative from the Ciry of Brookings Street Department will meet with the
CEO/Executive Director on an annual basis to inspect the common roadways fox the
purpose of identifying routine maintenance ox repairs needed which shall be made in
accordance with the City's street maintenance schedule. 'I'he City of Btookings will
thereafter undertake routine maintenance in a timely manner to assure the Innovation
Campus maintains its pxofessional aesthetics and landscaping-key to attracting high-
tech companies to Brookings.
3. The City Manager will meet at least annually with the CEO/Executive Directox to
discuss the status of maintenance and repairs yet to be performed oY previously
pexformed; to review the performance of the schedule for street maintenance and
repairs; and to discuss other matters pertinent to fulfilling the purposes of the
Agreement.
4. The SDSU University Police Depa�tment shall police the SDSU Innovation Campus as
part of its SDSU primary jurisdiction and the City of Brookings Police Depaxtment shall
provide mutual aid and assistance to the University Police Department, as provided in
any e�sting Operating Agreements or Joint Powexs Agreements for Police Assistance,
and as part of this agreement.
5. The provisions of 1-4 shall not be in effect until the Growth Partnership has insuxed that
the necessary easements and rights-of-ways have been properly dedicated pursuant to the
city-approved engineering and construction plans, and duly recorded with the county.
I-29 Corridor Initiative MOU. A motion was made by Brunner, seconded by McClemans, to
approve the City of Brookings participation in the I-29 Corridor Initiative Memorandum of
Understanding. All present voted yes;motion carried.
I-29 Corridor Regional Growth Strategy
Memorandum of Understand.ing (MOU)
PURPOSE: The purpose of this Memorandum of Undc;-standing (MOL� is to establish a general
framework for coopexation and guide decision making throughout the process of developing an I-29
Coxridor Regional Growth Strategy. This collaborative effort is to encourage economic viability,
promote a healthy collaboration environment and enhance the qualiry of life in South Dakota.
17 �
TERM: This MOU shall serve until such time as a Regional Growth Strategy has been developed
and adopted by the members of the I-29 Corridor Task Force, at which time the MOU shall expire.
Adoption of the Regional Growth Strategy is anticipated to occur by the end of May 2009. If the
regional Growth Strategy is not completed by this time, the Parties agree to review the MOU and
amend the tertns of the MOU to improve the effectiveness of the program. The amendments shall
be in writing. Unless otherwise stipulated,any amendments to this MOU will take effect when
signed by all parties.
PARTICIPATING ORGANIZATIONS: The organizations initiating this MOU, collectively
referred to as the "Parties",include, but are not limited to: municipalities, economic development
organizations, educational institutions, government agencies and other non-profit entities. The
initiating Parties are:
Other entities within the I-29 Corridor, currently defined as the region between North Siou�c City
and Watertown and from the eastern South Dakota border extending west of Interstate 29 (currently
as far as Yankton), are invited to sign the MOU and become participating organizations.
RATIONALE: Competition for economic growth is escalating regionally, nationally and globally.
In this context,South Dakota in its entirety is a small region with a population of less than 800,000.
As currendy defined, the I-29 Corridor includes a population of approxirnately 400,000.
In this broader environment it is beneficial,whenever possible, for organizations to act supportively
and collaboratively in pursuing economic development opportunities. Recent developments have
positioned the I-29 Corridor for significant growth and economic expansion. Regionally
collaboration is necessary to ma�cimize the positive impact of these oppoxtunities. Examples of these
developments and opportunities,include,but are not limited to:
Energy
• Potential Hyperion Energy Center
• Multiple oil pipeline projects
� Multiple biofuels companies and production plants
• New state incentive for biodiesel production
• Location of multiple wind energy component manufacturers
• Significant capacity for wind energy production
Biotechnology and Medical Research
• Multiple healthcaxe systems with growing research effoxts
• Gtowing private sector research companies with a focus on human and
animal health treatment and diagnostics
• University and private sector crop and animal related research
Information Assurance and Data Security
• USGS EROS Data Center
• Ptesence and needs of large financial and healthca�e institutions -
• Multiple private data
� DSU national Center of Excellence in Information Assurance Education
• Cost effective and available power
� REED Network, creation of additional diverse data txansmission paths
• Central,yet remote,location a potential benefit
These developments and opportunities are catalyzed by an emexging support
infrastructure/ecosystem for the development of these opportunities,including but not limited to:
• Supportive state leadership and strategies,including Governor Rounds and GOED's
marketing and recruitment efforts
• Expanding and complementary university research efforts,including,but not limited
to 2010 Research Centers
• Alignment of postsecondary training and education programs
• South Dakota.State University Innovation Campus (research park)
• Sanford Research Park
• GEAR Center and University Center Science and Technology Park
• E�sting and planned incubators in Sioux Falls,Brookings,Madison,Vermillion and
Yankton
• Increased availability of equity investment
177
CLUSTER ANALYSIS AND REGIONAL GROWTH STRATEGY PROJECT:
The Cluster Analysis and Regional Growth Strategy will serve as the basis for the future
organizational structure, focus areas and actions of the I-29 Corridor. The pYOject components
include:
� An Economic Scan and Regional Cluster ldentification,�alidation and Analyses
• Development of Regional Gxowth Strategy
• Paxticipating communities will also have the option to contract fot the development of a
corresponding Individual Commuruty Growth Strategy.
The Growth Strategy will include recommended steps/actions addxessing the following areas:
• I-29 Corridor Organizational Structure
• Target Industry Development and Recruitment
• Transportation
• Workforce
• Quality of Life
• Infrastructure
• Others to be identified
Planned steps and timeline for implementing and completing the Cluster Analysis and Growth
Strategy include:
2008 Action
June—July Draft RFP and Solicit Proposals
June—August Secure Pxoject Funding
August Award Project Contract
September- October Kick off Project with Regional Summit
November Intexim Repoxt
2009 Action
February Presentation of Regional Growth Strategy
Maxch—May Development of Individual Community Growth Sttategies
The I-29 Corridox Task Force, consisting of the Parties below, shall participate as partners to
financially support�the development of a Regional Growth Sttategy and serve as a body for
monitoring and communication with respect to the MOU and any issues arising fxom it.
As evidenced by theix acceptance of this Memorandum of Understanding,the Paxties,by their
authorized signatories, have executed this document on the dates set out below.
Name,Tide, Organization Date
The additional Affiliated Parties listed below express their support for the I-29 Corridor and
commitment to provide non-financial support and/or to paxticipate in the Regional Gxowth Strategy
development pYOCess.
Name,Title, Organization Date
The City of Brookings has been on the forefront of launching a new regional economic
development initiative consisting of municipalities,higher education institutions,and local economic
development agencies along the I-29 Corridor. This effort has been on the City's priority list for a
few yeaxs and was launched by Mayor Munsterman a few months ago. The efforts of charter
members have been to develop a Memorandum of Understanding (MOL� to serve as a governing
document until the organization can be more formalized;and the development of a Request for
Proposal (RFP) for a consultant to undertake an economic cluster analysis. Depending upon the
results oE this effort,more detailed strategies will be developed after that. At this point,participants
aYe foxmally joining the effort by approving the MOU and making financial commitments for the
organization's expenses. The Ciry of Brookings will serve as the fiscal agent fot the organization
and we will set up a fiduciary fund in the budget to accommodate the finances.
17 �
Resolution No. 73-08—I-29 Corridor Fundin�. A motion was made by Brunner, seconded by
Reed, to approve Resolution No. 73-08, approving an expenditure of$10,000 for I-29 Corridor
Initiative. All present voted yes;motion caxried.
Resolution No.73-08
A Resolurion Appropriating Unemcumbered Funds ftom the Thitd Penny Sales and Use Tax
Revenue Fund for Purposes of Paying Dues to Membership in the I-29 Corridor Initiarive
WfIERE�IS,it has been a goal of the City of Brookings to participate in a regional economic
development collaborative along the eastern porrion of the state;and
WHERE�IS,several communities,including Brookings along and near the Interstate 29 corridor in
South Dakota are joining with other local economic development agencies and institutions of highex
educarion to form a regional strategy to further overall economic�owth,woxkforce development,
and research opportunities;and
WHERE.��S,membership in this collaborative is via the adoption of a Memorandum of
Understanding(MOU)which will serve as an interim goveming document until the organization if
more formalized;and
WHERE�S,the City of Brookings and all other members recognize the need for fmancial iesouxces
to carry out the mission of this effort,and that such resources must from come from participating
membets;and
WHERE�S,pursuant to state law,sales tax generated from third penny revenue may be used to
promote the community and this initiative meets this criteria;and
WI�ERE.�S,sufficient third penny sales tax revenue exists to fmance said parricipation.
NOW,THEREFORE,IT IS HEREBY RESOLVED:
That the City Council of the City of Brookings,South Dakota does hereby appxopriate the sum of
�10,000 from the 2008 budget of the third penny sales and use tax fund to the I-29 Corridor initiative.
Animal Control Rec�uirements. The City Council reviewed draft amendments to the City's
Animal Control Ordinance. No action was taken.
Transfer from Brookings Health Systems. (AGENDA ADDITION). A motion was made by
Bezdichek, seconded by Whaley, to instruct the city manager to request$276,000 from the
Brookings Health Systems for the City's 2009 budget. AMENDMENT: A motion was made by
Bartley, seconded by Reed, to remove the$276,000 reference and add Brookings Municipal Utilities
to the motion. All present voted yes on the amendment. MAIN MOTION AS AMENDED: A
motion was made by Bezdichek, seconded by Whaley, to instruct the city manager to request
funding from the Brookings Health Systems and Brookings Municipal Utilities fot the City's 2009
budget. All present voted yes;motion catried.
Adjourn. A motion was made by Brunner, seconded by Reed, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:59 p.m.
CITY OF BROOKINGS
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0�0. �,Tc o Scott D.Munsterman,Mayor
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ornes,Ciry Clerk