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HomeMy WebLinkAboutCCMinutes_2007_02_27 272 Brookings City Council February 27, 2007 The Brookings City Council held a meeting on Tuesday, February 27, 2007 at 4:00 p.m., at Ciry Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Julie Whaley, Mike Bartley, Michael Reitz (arrived 5:00 p.m.), and Tim Reed (arrived at 5:00 p.m.). Council member Ginger Thomson was absent. City ManageY Dennis Falken,City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. 4:00 P.M. JOINT MEETING WITH COUNTY COMM�SSION The City Council met in joint session with the Brookings County Commission (Klavetter, Falken, Santema,Larson, and Negstad) to discuss space needs. Stephanie Vogel,Brookings County Commission Assistant, provided an overview of the County's space needs issue. The County has hired Group II Architects, Inc., from Sioux Falls to prepare a judicial and county administrative space needs study. The initial review findings indicate that the judicial system cutrendy has 6,585 sq. ft. and needs an additiona14,640 sq. ft. County Administrative offices in the Courthouse currendy comprise 4,834 sq. ft.with additional needs of 1,650 sq. ft. The Courthouse is 11,516 sq. ft. in size and counry administrative offices comprise 42% of the space. Based on the initial findings, the judicial system could utilize the entire courthouse. Total space requirements of county administrative offices are 18,629 sq. ft. That includes future space projections and 30% for non-pxogrammable space. Offices included in this review were courthouse offices, states attorney,equalization,meeting rooms, GIS,and planning and zoning. These projections do not include emergency management,extension,weed,highway, and law enforcement. Ideas curxently under consideration by the County Commission are adding onto the courthouse, a new building on or off site, ox renovating an e�risting building for county use. Vogel said the County has identified the administrative,law enforcement, and street and highway departments as potential compatible space needs between the county and city services. Klavetter said the County may have to move out of the courthouse and give it to the jutlicial system. Marty Stanwick,Bxooking County Sheriff, said the last time a space needs evaluation was done fox law enforcement was in 2000. At that time the study projected the need for a 46 cell facility with a capacity of 75. The County currendy owns a portion of the Swiftel Center at which they have administrative offices and nneeting room space. Munsterman asked if there would be benefit to get all the offices into one location. Yes, there would be some efficiencies. Commissioner Negstad expressed concern about losing the usage of the communiry meeting room space for county residents. She also was concerned about continuing the extension activities at the Center. Bardey said there is an agreement in place between the County and City to use the Swiftel Center meeting rooms. If the offices moved out the agreement would be renegotiated for the meeting rooms and extension activities. Munsterman thanked the County Commissioners for attending and engaging in a conversation about how the two entities could work together on space needs. He noted that the City offices at city hall are completely full and something needs to occur as sbon as possible. City Hall has reached the point where they can't hire additional staff because there is no where to put them. The City may commission a space needs study. The two governmental bodies could compare the assessments to determine if there may be opportunities to combine compatible uses and needs. He noted that the growth of services primarily impacts the city. Perhaps both sets of department heads could meet and identify compatible areas. Commissioner Laxson noted that the issue isn't all bricks and mortar. There are people, coordination, communications and technology involved. Bardey agreed commenting that a joindy shared location for televised meetings could be a common goal. 273 Bezd.ichek asked if the firm doing the space study was prepaYing new building drawings as part of the fee. No; the space study is phase one. Drawings would be in addition to that fee. Cotnmissioner KlavetteY said estimates to remodel the 1921 building aYe $5 inillion and the building is too large fox the County's needs. Bezdichek said something has to be done right now for the city's space needs. Munsterman noted that he gave up the Mayor's office when elected 6 years ago because city hall staff needed the space. What is the timeline for the County? Klavetter said they hope to break ground in 2008. Munsterman recommended a joint subcommittee of staff to analyze compatibilities. 5:00 P.M. WORK SESSION First Planning Distriet, Dick Edenstrom,District Director,presented a summary o£the District's 2006 activities. Quarterly Financial Report from BMU. Brookings Municipal Utilities representatives presented fmancial statements for fiscal yeax 2006. Steve MeyeY,BMU Executive Director, noted that BMU was experiencing leveling revenue. Staff has conducted expenditure xeduction to include not filling pexsonnel openings. Review of 6:00 �.m. meeting topics. Dennis Falken,City Manager,Yesponded to questions pertaining to the action items on the agenda. Topic introduction for future agendas. Shaxi Thornes,Bxookings Ciry Clerk,provided a briefing on futute agenda items. Briefing on u,pcoming council invitations and obligations. Thornes reviewed the City Council's upcoming invitations and obligations. City Council Member introduction of to�ics for future discussion. Bezdichek asked when the city financial statements would be presented to the Council. March 27`''. Reitz asked when the Council would receive NIMS training. A motion was made by Munsterman, seconded by Reitz,to add discussion and possible action on a space needs study onto the March 13th agenda. All present voted yes;motion carried. 6:00 P.M. CITY COUNCIL MEETING Consent Agenda: A motion was made by Bardey, seconded by Reed, to appxove the consent agenda which included: A: Agenda. B. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year operating agreement renewal with Ray's Corner. Resolution No.13-07 Ray's Corner Operaring Agreement Renewal BE IT RESOLVED by the Ciry of Brookings,South Dakota,that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquox Management Agreement between the City of Brookings and Ray's Corner fox the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 401 Main Ave,also known as Ray's Comer. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City,which shall be for a period of five(5)yeaxs. C. Action on Resolution No. 18-07, awarding bids for a leachate truck. Resolution No.18-07 Resolution Awarding Bids on Leachate Truck for the Landfill Whereas,the City nf Bxookings has received the following bid fox a Leachate Truck: Boyer Trrsck.r Sioux Fa!!�,SD ,�85,354.00 Now Therefore,Be It Resolved that the bid of Boyer Truck.r in the tota!amount of$85,354.00 be acce�ited. 274 D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon Assessment Roll for Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites). Resolution No.14-07 Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sidewalk Assessment Project No.2006-01SWR (2006 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. The assessment roll for Sidewalk Assessment Project No.2006-01SWR having been filed in the office of the City Clerk on the 14�h day of February,2007,the City Council shall meet in the Council Chambers, Ciry Hall,in said City on Tuesday,the 13th day of March,2007,at G: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 genetal terms Sidewalk Assessment Pxoject No.2006-01SWR,the date of filing the assessment roll,the time and place of hearing thereon,stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulaxs. 3. The City Clerk is authorized and dixected to publish said notice in the officiai newspaper at least one(1) week prior to the date set for hearing and to mail a copy thereof,by first class mail addxessed to the owner or owners of any property to be assessed at his,her oc theix last mailing addtess as shown by the records of the Director of Equalization at least one(1)week prior to the date set for said hearing. E. Action on Resolution No. 15-07,pertaining to changing the Names of.Streets (changing Pebble Beach Drive to Doral Drive). Resolution No. 15-07 Resolurion 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 ciry;and WHEREAS,certain stxeets need to be tenamed to facilitate the propex house numbering system NOW THEREFORE,BE IT RESOLVED by the governing body that the follouring changes be made: Old street name: Pebble Beach Drive from Moriarty Drive to Toxrey Pines Drive New street name: Dora!Drive Abutting legal descriptions: ■ Plat of Lots 25A,25B,26A,2GB,27A,and 27B,Block 9 and ioad rights-of-way in Moriarty Fourth Addition and Moriarry-Edgebrook Addition filed on Apri16,2006 in Plat Book 24,Page 97 ■ Plat of Lots 9,10,11,and 12,Block 4 and Lots 10 and 11,Block 5 and Pebble Beach Drive right- of-way in Moriarty-Edgebrook Addition filed on Decembex 30,2005 in Plat Book 24,Page 83 ■ Plat of Lots 13,14, 15,and 16,Block 4 and Lots 6,7,8,and 9,Block 5,Moriarry-Edgebrook Addition filed on December 12,2006 in Plat Book 24,Page 150 The City Clerk is directed to file a copy of this resolution with the Register of Deeds and to request that the above referenced plats be notated with the new street names and a xeference to this resolution be added describing the proper miscellaneous record. F. Action to authorize the Mayor to sign an agreement with the City of Egan for Animal Control Services. THIS AGREEMENT is made and entered into between the CITY OF EGAN,SOUTH DAKOTA (EGAN),and the CITY OF BROOKINGS,SOUTH DAKOTA(BROOKINGS),fox the purpose of providing animal unpoundment services to EGAN. For and in consideration of the provisions contained herein,the parties agree as follows: i. BROOKINGS agrees to provide impoundment facilities for animals that may be delivered on behalf of EGAN. 2. EGAN shall pay to BROOKINGS for impoundment of its animals as follows: 2.1 EGAN will pay an impoundment fee of$20.00 plus�8.00 per day boarding fees only if the impounded animal is unclaimed within the period as hereinafter provided. EGAN will take a picture of the animal before it leaves the city and a picture will be posted at the City Office. 2.2 BROOKINGS will be entided to collect from the person claiming the animal all of its usual fees,and in that event EGAN will not be charged any fees. BROOKINGS agrees to collect from the person claiming the animal the additional sum of$25.00 and will remit it to EGAN. In addition,Brookings agrees to collect a deposit of$25.00 fxom any person claiming an anunal where the animal has not been vaccinated or licensed as required by Egan Ordinances and said deposit shall be remitted to EGAN. BROOKINGS agrees to notify EGAN of any animal that has been redeemed without proof of vaccination or license by identifying the animal and the person who claimed it, thereby enabling EGAN to follow-up to insure proper vaccination and licensing. 275 2.3 BROOKINGS aggress to keep any impounded animal a minimum of five days(120 hours) after impoundment excluding Sundays and holidays and following said period of time,unclaimed animals will become the property of BROOKINGS and may be put up for adoption or disposed of in a humane manner at the discxetion of BROOKINGS. BROOKINGS will not chaxge EGN for any more than five(5)days boarding fees unless the animal was kept for observation as provided fox by paragraph#3 below. 2.4 When BROOKINGS submits an invoice to EGAN for unpoundment fees,the invoice shall identify the date of impoundment and description of animal for each impoundment fee. 3. If any animal impounded with BROOKINGS under this Agreement is known to have bitten any person,BROOKINGS agxees to keep the anunal in its possession and under observation for a period of not less than ten days and to have a licensed veterinarian examine it at the end of said observation period. Thereafter any person claixning the anunal shall pay the cost of the veterinarian's examination along with all other costs. If not claimed,EGAN shall pay the cost of the veterinarian's examination and all othex fees as provided for herein. Any animal reasonably believed to have rabies shall be p�operty disposed of by BROOKINGS. 4. Any paxty to this Agreement may terminate this Agreement at any time upon providing all other parties notice in writing at least 30 days prior to texmination. G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles. Resolution No.19-07 Resolution Awarding Bids on 3 Police Vehicles Whereas,the City of Brookings has received the following bids from Einspahr Auto,Bxookings,SD fox Police Vehicles: 2007 Dodge ChargerSedan ,$24,853.00 2007 Ford Police Interceptor Sedan j22,950.00 2007 Fard Expedition 4�d $25,063.00 2007 Dodge Durango 4wd �'23,SS2.00 Now Thexefore,Be It Resolved that the bids from Einspahx Auto for: (1)2007 Dodge Durango ,�23,552.00 (2)2007 Ford Police Interceptor Sedan $22,950.00 in the tota!amount of,�69,452.00 for 3 vehicler be accepted. H. Action on an Election agreement between the City of Brookings and Brookings County. Election Agreement for Brookings County This agreement is entered into among$rookings Counry,the City of Brookings and the Brookings School District. Combined Elections: Follows provisions provided under SDCL 12-2-5 and 12-2-6. Cort Share: • Each entity shall publish its own xequired notices,except where they may by law be joindy published. The cost of joinfly published notices shall be shaxed equally,except fot the cost of publishing the sample ballot,where the cost shatl be shared proportionately by the amount of space for ballot issues and/or candidates of each entity. • Salaries and expenses of shared election workers shall be shared equally by the paxties. The Counry is responsible for finding election workers. • The cost oE materials(ballots,poll books,absentee envelopes,etc...)will be shared proportionately by the amount of space for ballot issues and/ox candidates of each entity. Each entity will pay the cost of its individually used materials and supplies. • Programming costs(ballots,AutoMARKs,scanner,etc...)shall be shared proportionately by the amount of space fox ballot issues and/or candidates of each entity. Bxookings County will pay all costs associated with the election and the City of Brookings and the Brookings School District agrees to ieimburse the County for rheir share of the costs as detemuned in this agreement. Ab.rentee/Ear�Voting Absentee/Eazly ballots shall be available at the County Auditor's Office for voters who wish to vote absentee or eaxly. Election Ni�ht Countin�Board if Brookings City and/or the Brookings School District place an ltem on a June Primary or Novembex Genexal Election ballot,those entities agree to psovide a mir,irr,um of one(1) worker to assist in the intake and counting pxocess of the ballots on election night. Canva.rring,�he Vote: Each entity shall canvass the votes of their election at the next designated meeting following the election. Poll books will be opened by the Counry canvassing board,canvassed,resealed, and passed on to the other boards which will canvass their portion of the ballot. 276 The Brookings County Auditor and Election Supervisor and either the Brookings City Cler�or their designee and f or the Brookings School District Business Manager or their designee are hereby empowered and dixected to cooperate in any manner that will accomplish the purpose and intent of this agreement in order to facilitate elections in the most efficient and economical manner. Other elections in which Brookings Count�y is not a�artici�ant Co,rt Share: Brookings County is not responsible for supplying entities with the supplies(absentee envelopes,poll books,etc...)needed to hold their own election. However,if the counry can offer assistance in an emergency situation,the county will be refunded the cost of the supplies that were used. E�ur�bment.• Brookings Counry agrees to supply voting booths,secrecy sleeves,and the required signage at no cost. The entity holding the election is responsible fox setting a time and assisting with getting that equipment ready for Election Day. They are also xesponsible fox the costs of any damage,other than mechanical failure,of the machines. ScannerandAutoMARKr: Bcookings County agxees to pay the maintenance and upkeep costs of the M650 scanner and the AutoMARK voter assist terminals. If another entity wishes to use these machines for their elections,they are responsible for the costs of programming,set-up,delivery and pick-up. They are also iesponsible foc the costs of any damage,other than mechanical failure,of the machines. Election Su�ierui.ror. The County Election Supexvisor will be available in the weeks leading up to another entity's election to help answer questions ox assist with emergencies that may arise. If you wish to hold election training in the County Commission Chambers and/or have the Election Supervisor do that trauung and/or assist in that trauung,a min;,,,um of two weeks notice must be given. The Election Supervisor or other qualified employee will be pcesent in the Auditor's Office from 7:00 a.m. to 7:00 p.m. on Election Day to assist with registration issues and questions. Election Ninht.• For entities using the M650 scannet to count their ballots,the Election Supervisor,or other designee,will be present on election night to assist with the counting and intake process. County Onlv Elections(Primary&General Elections� Election Nivbt.• In return for using the M650 scanner and other voting equipment at no cost,Brookings City and the Brookings School District agree to make every effort to provide a minimum of one(1) individual to assist with the county's election night counting process. The county is not responsible for paying those individuals for their time. Other At any time Brobkings County,the City of Bxookings,or the Brookings School District can ask to revisit this agreement to make any needed changes or updates. On the motion, all present voted yes;motion carried. 2°a Reading—Ordinance No. 05-07—rezonin� Public hearing was held on Ordinance No. OS- 07,rezoning Sublots 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1,Bane and Poole Addition from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjouung vacated alley in Block 1, Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public Hearinn: Joe James and Ryan Krogman spoke in favor of the application. Doug Malo, 434 Dakota Ave., .rpoke again.rt the application noting concern.r of noi.re, light, tra.rh, tra.jf'ic, and decrea.red jiroperty value.r. Mike McCann, 1912 State Street, .r�ioke again.rt the application citing the need for a bu�fer�one betsveen bu.rine.cr and re.ridential. He.rugge.rted re�oning the a�a a.r a planned development di.rtrict(PDD)a.r a corrrpromi.re that u�ay the city could impose more re.rtriction.r on tra�c flotv, lighting, and other concern.c Public hearing clo.red. A motion was made by Bardey, seconded by Reed, to approve Ordinance No. OS-07. Discussion: Munsterman asked if the planning commission discussed landscaping and other means to buffer the business from residential. Dan Hanson,Planning and Zoning Administrator, said this property would be required to provide a 40 foot buffer as a B2 zone;howevex, the planning commission does not have the authority to xequire more in the way of buffers or landscaping than what the zoning ordinance stipulates. Bezdichek said that this issue was difficult for the Council to look at. He sympathized with the property owners but cited citizen requests for moxe restaurants and more sales tax revenue. Restaurants and retailers want to come to Brookings but can't find any space. Sixth Street is becoming a business district. He remains compassionate for the people that live there and agrees that the City must look at ways to mitigate noise,lights, and other issues. He noted all the concerns raised when Wal-Mart considered locating across from McCrory Gardens. Now Wal-Mart is there and everything is fine. Brookings is growing whether we like it or not. The Brickwood Plaza didn't hurt that area near the proposed rezoning. Anyone building must be respectful of the 277 neighborhood. If there are things that aren't right then we need to f�it. He noted that the city's fire station should be moved closeY to SDSU freeing up that space for another xestauYant. Reitz asked if the layout/plan would go back to the planning commission. No. Reed asked if there were any regulations for a drive-through and noise. Hanson said none on noise othex than the general noise ordinance. On the drive-thxough, there axe requirements on "stacking" of cars. There needs to be enough space on the pYOperty to line up caxs so there isn't any congestion in the street. Hanson noted that the city does have illumination requirements. He also clarified that the City Counci�is not approving Arby's plan, only the B2 zoning. Once rezoned the land could be used for any of the B2 uses on that sheet and not the business. Reed commented that he lives one house away from a drive-through and doesn't hear the speaker, so buffers do help in his opinion. If there are lighting issues with the new Arby's he recommended the pxoperty owners work with the ownexs to find solutions. Bardey said he felt there were proper buffers in the area and the rezoning request was appropriate. ACTION: On the motion, all present voted yes, except Whaley abstained,motion carried. 2"a Reading—Ordinance No. 06-07—Conditional Use. Public hearing was held on Ordinance No. 06-07, a Conditional Use Permit to establish an outdoor sales use on Lot 1, excluding Tract A, Brookings Mall Addition (2101 Orchard Drive). A motion was made by Reed, seconded by Whaley, to approve Oxdinance No. 06-07. All present voted yes;motion carried. 2"a Reading—Ordinance No. 07-07—Zonin�. Public hearing was held on Ordinance No. 07-07, amending the Zoning Ordinance pertaining to a coffee house as a permitted special use in the Business B-2A District. A motion was made by Whaley, seconded by Reitz,to approve Ordinance No. 07-07. All present voted yes;motion carried. 2"a Reading�—Ordinanee No. 08-07—Conditional Use. Public hearing was held on Ordinance No. OS-07, amending a Conditional Use Permit to modify a conerete plant on Lot 1,Block 6, Gilkerson Addition and Lot 1,Block 1,Telkamp Industrial Addition (110 32nd Avenue). A motion was made by Reitz, seconded by Whaley, to approve Ordinance No. 08-07. All pxesent voted yes; motion caxried. Resolution No. 17-07 —Vacate Street. Public hearing was held on Resolution No. 17-07, a petition to vacate that portion of 4th Street located west of the Fixst Avenue right-of-way and abutting Lots 20 through 28, Block 1,Mae's Addition; and Lots 1, 2, and 3, and the west 15.5'of the vacated First Avenue abutting Lot 1,Block 1,Randall's Addition;and Lot H-3 in the west '/z of the NW'/z of Section 26-T110N-RSOW. A motion was made by Reed, seconded by Bardey, to approve Resolution No. 17-07. All present voted yes;motion carried. Resolution No.17-07 Street Vacation WHEREAS,a petition to vacate has been filed with the City Clerk of the City of Brookings,and WHEREAS,the petition was filed in pxoper form and signed by one hundred percent(100%)of the adjacent property ownexs. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Bxookings: That the portion of Fourth Street located west of the First Avenue right-of-way and abutting Lots 20- 28,Mae's Addition;and Lots 1,2 and 3,Block 1,Randall's Addition and the west 15.5 feet of the vacated First Avenue abutting Lot 1,Block 1,Randall's Addition;and Lot H-3,excluding County Highway First Addition,in the west'/a of the NW'/4 of Section 26-T110N-R50W is vacated subject to a utility easement over the entixe portion of street to be vacated. Agreement—Chamber of Commerce. A motion was made by Whaley, seconded by Reed, to approve amendments to an agreement between the City of Bxookings and the Chamber of Commerce. AMENDMENT: A motion was made by Bartley, seconded by Reed, to make the following underlined amendments: "Section 5. Convention/Visitors Bureau to assist Visitor Promotions Committee. The Brookings Area Chamber of Commerce and Convention Bureau will pxovide assistance to the Visitor Promotions Committee. In particular, the Director of the Brookings Area Convention/Visitors Bureau ("CVB") will serve as an ex-officio member of the City's Visitor 278 Promotions Cominittee and will work closely with and provide assistance to the Visitor Promotions Comxnittee. In addition, a Community Events Coordinator is now employed to perform substantial services for the Visitor Promotions Committee. Provided funding for the position by the City continues, the Chamber shall employ the Community Events Coordinator and will train, supervise and perform all employment-related duties concerning the Community Events Coordinator position. Both�arties agree that nothing contained in this�rovision nor in this contract shall be construed to hold the Chamber accountable for the actions decisions �olicies_�grams �ro�ects or results of the Citds Visitor Promotions Committee." All present voted yes on the amendments,motion carried. On the original motion as amended,all present voted yes;motion carried. City of Brookings - Brookings Chamber Agreement for Chamber and Convention Visitors Bureau Activities T'his Agreement is entered into by and between the City of Brookings, a municipal corporation, hereinafter refexxed to as "City",and the Brookings Area Chamber of Commerce &Convention Buteau, a South Dakota non-profit corporation, hereinafter referred to as the"Chamber". The "Convention and Visitors Bureau" of the Chamber is sometimes referred to as the"CVB". RECITALS WHEREA5 the City is authorized by the laws of South Dakota to expend public funds to promote the general resources of the City of Brookings for the purpose of improving its economic well- being,and has historically funded such programs,and WHEREAS the City desires to continue its program to continually promote Brookings to prospective visitors, students and their parents,and the workforce personnel that area employers are interested in recnuting;and WHEREAS the City also desires to support programs organized to maximize the visitor attraction potential of the Swiftel Center,Performing Arts Centet,Laxson Ice Center,Fishback Soccex complex and the Southbrook Diamonds; and WHEREAS the City also desires to promote and support SDSU athletic, cultural, educational and recreational programs,including programs developed by SDSU students;and WHEREAS, the City also desires to support programs organized to strengthen relationships between the communiry,its employezs and the area's agricultural producets,to help citizens prepare themselves for public service and leadership, to help citizens prepare themselves for future change, to assist prospective entrepreneurs prepare themselves for entering business, and to strengthen the community's ability to retain its young people;and WHEREAS the Chambex is a non-profit corporation capable of providing the City with professional services to propose,implement, and carry out such programs,including the visitor promotion programs traditionally provided by the CVB, and desires to enter into this agreement with the City for such purposes; and WHEREAS this Agreement includes the agreements of the parties concerning Chamber activities which were previously addressed in separate agreements; NOW,THEREFORE,THE PARTIES HERETO AGREE TO THE FOREGOING RECITALS AND AS FOLLOWS: 1. Previous Agreements Superseded. This Agreement is intended to include,in addition to additional terms,all of the terms and pxovisions set foxth in that cettain City of Brookings- Brookings Chamber Agreement for Visitor Promotion dated July 1,2005, and the City of Brookings-Brookings Chamber Agreement for Chamber Activities and Visitor Promotion dated February 14,2006.Accordingly, this Agreement is intended to update and supersede the above-mentioned Agreements referred to in this Section. 279 2. Term of Agreement. This agreement shall be fox an initial term commencing on the date this Agreement is executed by both parties and ending on June 30, 2010, and shall be automatically renewed from year to year thereafter,unless terminated as hexeinafter provided. The paYties agree this Agreement shall be reviewed annually within the first quarter of the calendar year, beginning in 2008, by the following parties: the City Manager, the Chamber Board of Directors, and the CVB Director. Amendments may be made following such Yeviews and at other times by mutual agreement of the parties. 3. Coordination with the City concerning Chamber and Convention and Visitors Bureau Activities. The Chamber shall maintain close communication with the Brookings City Manager (referxed to herein as the "City Manager") and/ox designated department heads, and with the City Council with respect to the Chamber's implementation of its annual program. The Chamber shall report to the City Managex and City Council in such form and frequency as shall be mutually agteeable, said report to cover the activities during the preceding period, anticipated activities during the succeeding period, and any proposed variations of the previously approved annual program involving the expenditure of funds. Any such changes in the annual pxogram will be xeviewed by the City Manager,and if warYanted, approved by the City Council. Conversely, any changes requested by the City shall be submitted to and approved by the Chamber's Board of Ditectors. The City shall xetain exclusive control of the expenditure of public funds to carry out the purposes of this agreement, and the City shall not be liable for any expenditure of funds not approved by the City Council. 4. Professional Services of the Chambex. Upon acceptance of this agxeement, the City employs the Chamber to promote, encourage,unite and advance area agricultuYal,commercial, educational, hospitality,industrial,recreational, civic interests and businesses. For these purposes, the Chamber will maintain adequate staffing levels to provide the following specific services for the City: a. Maintain and disseminate community information,tailored when necessary to meet specific requests, that will assist prospective convention and tournament groups, leisure travelers and xesidents in their reseatch on the area's quality of life; b. Maintain and disseminate communiry infoxmation, tailoxed when necessary to meet specific requests, that will assist prospective residents in their research on the atea's quality of life; c. Maintain and disseminate demographic information,tailored to meet specific requests, that will assist hospitality and entertainment enterprises in their research on the area's maxket characteristics and business climate; d. Maintain and disseminate demographic infoxmation,tailored to meet specific requests, that will assist small commercial enterprises in their research on the area's market characteristics and business climate; e. Prepare and submit formal bids for conventions, conferences and athletic tournaments whose venue and housing requirements are within the community's capabilities and work to strengthen the hospitality expexience of groups who come to BYOOkings for conventions, conferences and tournaments, and strengthen the probability that such groups will xetuxn; f. Encourage employers to increase their employment of interns in ways that will strengthen student interest in remaining in the area following graduation; g. Oxganize informative programs on the area's economic strengths,weaknesses, opportunities and threats to foster public-private partnerships that will identify actions needed to encourage employment expansion; h. Organize recognition programs to acknowledge the citizenship,leadexship and contributions of educators,major employers, agricultural producers,public officials and others to foster greater citizen awareness of such contributions to the general welfare of the community; 280 i. Organize annually a formal leadership development program, and provide the Ciry with the interest areas of the participants to encourage greater volunteer participation in city government. j. Pxovide assistance to the Visitor Promotions Committee as more fully discussed in this Agreement. 5. Convention/Visitors Bureau to assist Visitor Promotions Committee. The Brookings Area Chamber of Commerce and Convention Bureau will provide assistance to the Visitor Promotions Committee. In particular, the Director of the Brookings Area Convention/Visitors Bureau ("CVB")will serve as an ex-officio member of the Ciry's Visitor Promotions Committee and will work closely with and pxovide assistance to the Visitor Promotions Committee. In addition,a Community Events Cooxdinator is now employed to perform substantial services for the Visitor Promotions Committee. Provided funding for the position by the Ciry continues, the Chamber shall employ the Community Events Coordinator and will train, supervise and perform all employment-related duties concerning the Community Events Cooxdinator position. Both parties agree that nothing contained in this provision nor in this contract shall be construed to hold the Chamber accountable for the actions, decisions,policies,programs, projects or results of the City's Visitor Promotions Committee. 6. Convention and Visitors Buxeau.The Chambex shall pxepaxe and recommend to the City a Convention and Visitors Bureau program designed to accomplish the applicable purposes set forth above. T'he program shall include the details of the methods to be used to achieve conventions, the financial resources needed, and such other information as the Chamber or the City may deem appropriate. The Chamber may, from time to time, recommend changes in the program,which changes shall be subject to the approval of the City Manager before they become effective. 7. Development Pxogram for Chamber Activities. The Chamber shall also prepare and recommend to the Ciry information,recognition and leadexship development programs designed to accomplish the applicable purposes set foxth above.The program shall include a detailed statement of the manner and method whereby such purposes will be accomplished, the number of full and part-time personnel to be involved,and such other information as the Chamber or the City may deem appropriate. The program shall include an annual budget to finance the program. The Chamber may, from time to time,recommend changes in the program,which changes shall be subject to the approval of the City Council before they become effective. 8. Reporting Procedures.The Chamber shall maintain adequate records of the services performed and expenses incurred in carrying out its pxograms. The City shall have the right to examine such records at all reasonable times. Progress xeports and reviews by the City may be requested by the City as agreed upon under the terms of the programs.The Chamber shall provide the City with a complete annual financial repoxt prepared by a certified public accountant following acceptance of the report by the Chamber Board. 9. Budget and manner of funding. The Chamber shall submit to the City Manager, at least annually, a proposed budget that has been officially adopted by the Chamber's Board of Directors, for the implementa.tion of its programs. The Budget shall be in such detail and in the format as specified by the City. 10. Payments by the City for Chamber Activities. The Ciry agrees to pay one-twelfth of the annual amount each month for the services the Chamber provides under this agreement. It is expressly understood that the City is obligated to pay the Chamber only, and that the City shall not be obligated to pay anyone else for any expenses incurred by the Chamber in carrying out the terms of this contract. 11. City's Responsibility. The City agrees that it will make available to the Chamber through the various city offices such public information and public services as may be available and pertinent to the Chamber's demographic xesearch programs, event,promotion,maYketing and research efforts. 281 12. Independent Contractor.The Chamber is deemed by the parties hereto to be an independent contractor, and any and all officers and employees of the Chamber,while engaged in the perfoxmance of any woxk or services required by this agreement, shall be considered officexs and employees of the ChambeY only and not of the City. Any and all claims that may arise under South Dakota's woYkers compensation laws on behalf of said officers and employees while so engaged shall be the sole responsibility of the Chamber. All claims made by any third party because of any act or omission on the part of the Chamber, its officers, employees and agents,while so engaged in any work or services undex this agteement, shall be the sole Yesponsibility of the Chambex. The Chamber shall acquire, maintain, and ptovide the City evidence of workers compensation and public liability insuxance during the full term of this agreement,including its renewals,if any. 13. Scope of Authority. It is expxessly undexstood that the Chamber and its officers, employees, or agents axe not, except as described hexein, authorized and shall not represent themselves as being authorized to enter into any contract on behalf of or otherwise obligate the City to any person, corporation, partnership or association for the expenditure of public funds. The Chamber may contractually obligate future CVB funds as incentives to organizations as part of its work to pxomote Brookings as the site for their respective events. Subject to this limitation, the Chamber and its officers, employees and agents shall encouYage on behalf of the City, citizens and gxoups from throughout the region to visit Brookings for athletic, educational,recreational,professional development, and organization development purposes. In addition, the Chamber and its officexs, employees and agents shall encourage on behalf of the Ciry workforce and student in-migration through both written and on-line publications,graduate retention through internships and close cooperation with economic development officials, citizen-preparation for communiry service roles through the design and implementation of a comprehensive leadership development program, and strengthened employet, education and agricultural producer relationships through various tecognition and appreciation functions. 14. Termination.Any party to this agreement may terminate this agreement at the end of any City of Brookings fiscal year (the calendar year),with or without cause,by giving written notice of such termination to the other party at least ninety(90) days prior to the end of the City's fiscal year. If this agreement is terminated under this provision, the City shall Yeimburse the Chamber according to the terms hereof to the date of such termination. In the event that the City's requests for increased services had xesulted in the Chamber's hiring of additional sales,matketing ox clerical employees, and such cancellation results in the termination of that/those employee(s), the City shall furthex reimburse the Chamber for all costs to which the Chamber may have obligated itself in the faithful performance of this agreement,including any additional Unemployment Compensation pxemiums resulting from employee terminations. 15. Amendments. This agreement may be amended or supplemented from time to time by action of the parties hereto. Resolution No. 12-07—Visitor Promotions Committee. A motion was made by Reed, seconded by Reitz, to approve Resolution No. 12-07, establishing a Visitor Promotions Committee. • Resolurion No.12-07 A Resolution Establishing the Visitor Promotions Committee of the City of Btooldngs,South Dakota. BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows: Sec. 1.Creation�ur�oses. The Visitor Promorions Committee(hereafter also xefexred to as the"VPC"or"Committee")is hereby created for the Eollowing purposes: (1) To attxact out of town visitors for events with economic impact and to attract attention and the expenditures of out of town visitors to the City of Brookings and the surrounding axea. (2) The Visitor Promotions Committee shall also provide marketing counsel and advice to the Director of the Brookings Area Convention and Visitors Bureau ("CVB Director'�and the Brookings Area Chamber of Commerce Board of Directors. 282 Sec.2.Com�osition and manner of selection of inembers. The Committee shall consist of eleven(11)membexs: 5 at-laxge,3 SDSU Student Association,1 Chamber of Commerce, 1 Downtown Brookings,Inc.,1 Swiftel Center Advisory Committee. The members shall be appointed by the Mayor,with the advice and consent of the City Council.In making the initial appointments to the VPC,the Mayor shall consider as prospective members those members who are currendy serving on the Chamber's Visitor Promotions Committee.The Mayor shall follow the City's standard appointment process through public advertising and an application. The Mayor shall also consider recommendations fot members from the oxganizations referenced above. Sec.3.Visitor Promotions Committee Communication.Reporting and Accountabilitv. The VPC shall report to the Ciry Managex and shall maintain close communication with the City Manager with respect to the implementation of its annuai program,and shall report to the City Manager in such form and frequenry as shall by mutually agreeable.The VI'C is direcdy responsible for the VI'C finances,and is accountable to the Brookings City Council for the performance of the VPC. Sec.4.Subcommittees. The VPC may form subcommittees to advance its work.At a minimum,subcommittees must have at least three(3)members,exclusive of any ex-officio members of the VPC.A majority of the subcommittee members present shall constitute a quonun.Formal subcommittee recommendations must be approved by a simple majority vote of subcommittee members present.Subcommittee chairs or their designee will report regularly to the VPC about their meetings,deliberations,and recommendations.The VPC is responsible for providing oversight of all subcommittee work. Sec.5.VPC Chairperson and Vice-Chair�erson. The Chairperson and the Vice-Chairperson of the VPC shall be elected from among the VPC members to each serve a term of one year.The Chairperson shall coopecate with and maintain close communication with the CVB Director and Community Events Coordinator to accomplish the goals and objecrives of the VPC. The VPC shall preside during meetings of the VPC. The Vice Chairperson will preside during meetings in the absence of the Chairpexson. Sec.6.Communitv Events Coordinator/Duties/Su�ervision. A Community Events Coordinatox is now employed by the Chamber to petfoxm substantial sesvices for the Visitor Promotions Committee,including the following . (1) Planning in cooperation with the Director of the Brookings Area Convention/Visitors Bureau;and (2) Fostering engaged conversation of inembers of the VPC to reach solutions and goals, direct perfoxmance of VPC committee members and such other action as is in the best interest of the VPC. (3) The Community Events Coordinator shall also prepare a promotional and event development program designed to accomplish the goals set forth above and the overall mission of the VPC. The program shall include the details of the methods to be used to achieve visitor attraction,the fmancial resources needed and such other information as the VPC may deem appropriate. The Community Events Coordinator position is funded by the City of Brookings,through the 3rd B Sales Tax revenues(Resolution 83-04).The process of recnxitment and selection of the Community Events Coordinator position shall hereafter include both the Chamber and the VPC or a subcommittee of the VPC. The VPC shall cooperate with and maintain close communication with staff assigned to assist the VPC.In particular,the VPC shall work closely with the Community Events Coordinator. Sec.7.Convention Visitors Bureau Director Assistance. In performing the VPC activities pursuant to this agreement,it is anticipated that the Director of the Brookings Area Convention/Visitors Bureau("CVB")will also be instrumental in providing assistance to the VPC.The VPC shall coopexate with and work closely with the CVB Director in performing its work. Sec. 8.Terms-vacancies-residency of inembers. The members of the VPC shall serve without compensation for terms of three(3)years,with a limit of two(2) full terms. Vacancies on the Committee shall be appointed by the Mayor,with advice and consent of the Ciry Council,following the appointment procedure provided above. Members may reside outside city limits. Sec.9.Ouonun--organization. A quorum shall consist of six(6)membexs.The VPC shall adopt,amend,or rescind such rules as shall be necessary for the conduct of its meetings. 283 Sec. 10.Bud�et and funcling. The VPC shall submit to the City its annual proposed budget that has been officially adopted by the VPC,for the implementarion of the Visitor Promorions Committee program. The VPC budget shall be in such detail and format as specified by the City.Funding for the Visitor Promotions Committee activities shall be paid fzom the"3rd"B sales tax xevenues after expenditures budgeted and set forth in the City Resolution 83-04 have been paid or reserved for payment in accordance with Resolution 83-04.The City agrees to pay one-twelfth of the annual amount each month to the VPC for the activities and services provided under this agreement. Sec. 11.Meetings of the Committee. The Committee shall hold at least ten(10)tegulax meetings each year,which shall at all rimes be open to the public,unless legat cause exists to close a meeting.All committee meeting agendas must be submitted to the City Clerk to comply with public notification xequitements. Sec. 12.Removal fos cause. The VPC shall foIlow the City's adopted Code of Ethics Administrative Process fox Complaints about a Volunteer Committee,Commission or Boatd Member if a member is being considered for removal from the Committee. Sec. 13.Commencemen�,re�ortin�. The Committee shall commence its pxoceedings following adoption of this Resolution. Sec. 14.Ex Officio Members. The Chambex Exec.Vice President,the CVB Dixector,the Downtown Brookings,Inc.Program Manager and the General Manager of the Swiftel Center shall serve as ex-officio members of the VPC. Ex-officio membexs shall not have any voting rights and are intended to provide resources as needed by the VPC. Resolution No. 16-07. A motion was made by Baxdey, seconded by Reed, to approve Resolution No. 16-07, authorizing the Execution of an Agreement for Acquisition of Real Property and Storm Water Drainage Improvements in the Timberline Addition. Discussion: Dean Gulbranson recommended changes to the agreement and the City Council concurxed. All present voted yes; motion carried. Resolution No.16-07 Resolution Authorizing the Execution of an Agreement for Acquisition of Real Property and Stotm Water Drainage Improvements in the Timbetiine Addition BE IT RESOLVED by the Ciry Council of the City of Brookings,South Dakota as follows: WHEREAS, a proposed Agreement between the Ciry of Bxookings and Gulbranson Development Company, Inc. has been negotiated, the purpose of which is to allow Gulbranson to receive approval from the City of the $nal plat of the Tunberline Addition of the City of Brookings (hexeinafter sometimes refexxed to as the "Development'� and to allow the city to purchase xeal estate to further the city's storm water dxainage plan fox the benefit for the city. WHEREAS,more particulaxly,the City of Bxookings and Gulbranson Development Company,Inc.have reached Agreement to pxovide for the following action: 1. Acquisition by the City of Bzookings from Gulbranson for the sum of One Hundred Fifty Thousand and no/100($150,000.00)Dollars,Three(3)lots in the Development,described as follows: Lots One(1)and Two(2) of Block One(1),and Lot Twenty-three(23)of Block Three(3) of Timberline Addition to the City of Brookings,County of Brookings,State of South Dakota. 2. Construction of stoxm water drainage improvements in the Development by Gulbranson in accordance with plans and specifications as pxepated by Civil Design,Inc.,(hereinafter sometimes xefexred to as "CDI")and in accoxdance with the City's ordinances and master drainage plan. NOW THEREFORE,IT IS FURTHER RESOLVED by the City Council of the City of Brookings,South Dakota,as Eollows: A. That the City of Brookings hereby approves the Agteement for Acquisition of Real Property and for Storm Watet Dxainage Improvements in Timbexline Addition between the City of$rookings and Gulbranson Development Company,Inc.;and B. That the Mayor and City Cleik are authorized to execute the Agxeement for Acquisition of Real Property and for Storm Water Drainage Improvements in Tunbexline Addition and other required documents in accotdance with this Resolution. AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND STORM WATERDRAINAGE IMPROVEMENTS IN TIMBERLINE ADDITION This AGREEMENT for acquisition of real property and storm water drainage icnprovements in Timberline Addition is entered into by and between the CITY OF BROOKINGS, SOUTH DAKOTA, a municipal corporation (heteinafter 284 somerimes referred to as the "City") and GULBRANSON DEVELOPM�NT COMPANY, INC. (hereafter "Gulbranson"),the developer of the Timberline Addition of the City of Brookings. RECITALS A. This Agreement is intended to allow Gulbranson to receive approval from the City of the fmal plat of the Timberline Addition of the City of Brookings (hexeinafter sometimes referred to as the"Development") and to allow the city to purchase real estate to further the city's storm water drainage plan for the benefit for the city. B. More particularly,the parties hereto have xeached this Agreement to provide for the following action: 1) Acquisition by the Ciry of Brookings from Gulbranson for the sum of One Hundred Fifty Thousand and no/100 (�150,000.00) Dollars, 'Three (3) lots in the Development, described as follows: Lots One(1)and Two(2)of Block One(1),and Lot Twenry-three(23)of Block Thiee(3)of Timberline Addition to the City of Brookings,County of Brookings,State of South Dakota. 2) Construction of storm water drainage improvements in the Development by Gulbranson in accordance with plans and specifications as prepared by Civil Design,Inc.,(hereinafter sometimes refexred to as"CDI")and in accozdance with the City's ordinances and master drainage plan. NOW THEREFORE,in consideration of the foregoing and the mutual covenants and agreements contained herein,the City and Gulbranson hereby agree to the foregoing Recitals and as follows: A. 'I'he City agrees to purchase and Gulbranson agrees to sell,for the sum of One Hundred Fifty Thousand and no/100($150,000.00)Dollars(Fifry Thousand Dollars for each lot)the following described lots to be dedicated as public land and'unproved for storm water detention: Lots One (1) and Two (2) of Block One (1),and Lot Twenty-three (23) of Block Three (3) of Timberline Addition to the City of Brookings, County of Brookings, State of South Dakota. The City agrees to purchase Lot Twenty-Three (23) within thirty (30) days of the date of this Agreement, and agrees to purchase Lots One (1) and Two (2) upon substantial completion of the xequired storm water drainage improvements as described in Sections C.below. B. Gulbranson agrees to construct storm water drainage improvements in accordance with the pians and specifications prepared by CDI dated 8/25/OG and attached as exhibit A.The City shall allow Gulbranson access to construct the improvements described herein upon the Lots acquired herein by the City. Gulbranson shall commence the improvements by May 1,2007 and substantially complete the improvements by September 1, 2007.Gulbranson shall pay all of the construction costs of the storm water drainage impr.ovements including the improvements on the Lots acquired by the City as provided in this agreement.The City shall pay all engineering costs previously incurred by the City in the design of the storm water dtainage improvements,together with CDPs charges for staking and inspection of the storm water drainage improvements.Gulbranson shall pay any further engineering costs required to complete the project,with the exception of CDI's charges fox staking and inspection. C. The parties understand and agree the construction of the storxn water drainage improvements are the sole responsibility of Gulbranson,are not a municipal project and Gulbranson shall therefore have sole control of the construction and builders'risks.Gulbranson shall construct the storm water drainage improvements in accordance with CDI's plans and speafications dated 8/25/06 and attached as Exhibit A.Gulbranson's responsibiliry for storm water drainage improvements in the development shall end upon the final inspection and approval of the storm water dxainage improvements by CDI no later than September 15,2007. D. The Ciry agrees that this Agreement removes the City's objections to the storm water drainage improvements provided or contemplated in the proposed Final Plat of Timberline Addition. E. In the event Gulbranson fails to meet the construction schedule provided in Page 2,Section B.of this Agfeement, or fails to construct the storm water drainage improvements in accordance with CDI's plans and specifications, the City shall take appropriate acrion to insure the storm water drainage improvements are completed yn a timely fashion and in accordance with CDI's plans and speciflcations.Gulbranson shall reimburse the City for the City's costs of completing the work upon presentation of an invoice.In the event Gulbranson fails to fully reimburse the City for its costs of completing the work upon presentation of an invoice,the unpaid balance shall accrue interest at the rate of ten percent(10%)per annum from the date of presentation of an invoice until the date of payment and Gulbxanson shall also reimburse the City for all costs incurred in the collection of the unpaid invoice balance, including reasonable attomeys fees. F. The City and Gulbranson each represent and warxant to the other that it has full power and authority to enter into this Agreement and to undertake the actions contemplated by this Agreement. G. This Agreement shall be binding upon and inure to the benefit of the parties hereto and theix txansferees, successors and assigns. H. This Agreement is made and entexed into for the sole protection and benefit of the parties hereto and their successors and assigns. No person or entity,other than a party to this Agxeement or a legal representative, successor in interest or assign of such party,shall be entided to rely on this Agreement,and this Agreement is not made for the benefit of any person or entity not a party hereto,and no such person or entity shall be entided to 285 assert any claim,whether such claim stems from dxainage problems or otherwise,arising out of,or in connecrion with,this Agxeement. I. This Agreement and the provisions hereof may not be amended,modified or changed except by a document in writing signed by the parties hereto. J. If any of the provisions of this Agreement are,at any time,deemed by a court oE competent jurisdiction to be unenforceable,the remauung portions of the A�eement shall not be affected and be of no further force or effect. K. The parties understand this Agreement is an Open Recoxd undex South Dakota Open Records Laws and is available for public inspection and copying. L. This Agreement shall be govemed and construed in accoidance with the laws of the State of South Dakota. M. This Agreement shall be binding upon the parties,their successors and assigns. N. This Agreement shall become effective(the"Effective Date")upon the date it is executed by the last party. IN WITNESS WHEREOF,this Agreement has been entered into by the paxties hereto. CITY OF BROOKINGS Scott Munsterman,Mayox Dated: A'ITEST: Shari Thornes,City Clexk Dated: GULBRANSON DEVELOPMENT ' COMPANY,INC. By:Dean Gulbranson,Its President Dated: Exhibit A Attached Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All pxesent voted yes; motion carried. Meeting adjourned at 7:28 p.m. City of Brookings D. Munsterman,Mayor �o,..• • . �r •�o � c�? a': ✓9 : �' • �p � 2 `I�/��� i"(// � ornes,City Clerk