HomeMy WebLinkAboutCCMinutes_2002_10_15 0 � 4
Brookings City Council
October 15, 2002
The Brookings City Council convened on Tuesday, October 15, 2002, in regular session at 5:30 p.m. at City
Hall with the following members present: Mayor Virgil Herriott, Council Members Sam Artz, Tom Bozied,
Doris Roden, Zeno W. Wicks III and Mike McClemans. Council member Scott Munsterman was absent.
City Manager Michael Williams, City Attorney Steve Britzman and City Clerk Shari Thornes were also
present. The Council toured the Brookings Public Library at 4:00 p.m. prior to the action meeting.
Consent Agenda. A house-moving request from Joyce Christenson was removed from the agenda. A
motion was made by Wicks, seconded by Artz, to approve the consent agenda which included adoption of
the agenda as amended; approval of the September 23, October 1, 2002 and October 8, 2002 minutes; action
to award bid for processing and marketing recyclable to Cook's Wastepaper and Recycling at a rate of
$2,575 per month(a bid letting was held on October 1�`and no other bids were received); action on
Resolution 48-02, establishing power of attorney; and action to change Council meeting days from Mondays
to Tuesdays commencing in November. All present voted yes; motion carried.
RESOLUTION NO. 48-02
RESOLUTION ESTABLISftING POWER OF ATTORNEY
WI�REAS, there may be a need for the City to make application for U.S. Department of Agriculture
programs,
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby appoint Michael Williams of the
City of Brookings, SD, Brookings County, State of South Dakota, the attorney in fact to act for the City of
Brookings in connection with Farm Services Agency and Commodity Credit Corporatian for all programs.
The City Manager is directed to complete the U.S. Department of Agriculture, Power of Attorney form.
Passed this 15�'day of October 2002.
Chamber of Commerce Reoort. Cindy Mydland, Chamber of Commerce President, submitted a report of
the Board's recent activities. No action was taken.
Ordinance No 23-02—Temuorarv Merchants License. Second reading was held on Ordinance No. 23-02,
an ordinance amending Article III of Chapter 28 if the Code of Ordinances and pertaining to licensing of
sites for temporary merchants in the City of Brookings. A motion was made by Roden, seconded by
McClemans, to approve Ordinance No. 23-02. All present voted yes; motion carried.
Ordinance No. 24-02—Conditional Use Permit-Clark Drew. A motion was made by Bozied, seconded
by Artz, to approve first reading of Ordinance No. 24-02, an application for a conditional use permit for a
contractor's shop and storage yard in a Business B-3 District located at Lots 13 and 14, Block 4, Folsom
Addition, also known as 302 Folsom Street—Clark Drew Construction. All present voted yes; Wicks
abstained; motion carried. The public hearing is scheduled for October 28, 2002.
Preliminarv Plat—McClemans Addition. A motion was made by Artz, seconded by Bozied, to approve a
preliminary plat for Lots 7-10, Block 6, and Lots 1-4, Block 7, of McClemans Addition. All present voted
yes; Wicks and McClemans abstained; motion carried.
Code of Ethics. A motion was made by Wicks, seconded by Bozied, to approve the revised Code of Ethics.
All present voted yes; motion carried.
Resolution No. 49-02—Authorization to Acduire Pro�ertv. A motion was made by Roden, seconded by
Artz, to approve Resolution No. 49-02, a resolution authorizing the Council to acquire property for economic
development purposes. All present voted yes; motion carried.
RESOLUTION NO. 49-02
RESOLUTION AUTHORTZING LEASE TRANSACTION
WITH BROOKINGS ECONOMIC DEVELOPMENT CORPORATION, INC.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakata(the City) as follows:
WHEREAS, the City Council of the City of Brookings, South Dakota, is advised of an Agreement entered
into between the Area Development Corporation and a Company proposing to establish a headquarters in
Brookings; and
WHEREAS, said Ageement ca11s for the creation of a substantial number of new primary jobs in the City
and the utilization of the DM&E office building real property(the"Property") as the new corporate
headquarters of said Company; and
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WHEREAS, one of the key elements of said Agreement is for the City to acquire title to the Property for
economic development purposes for a period of not more than ten(10)years; and
WHEREAS, the Property is to be leased to the Brookings Economic Development Corporation, Inc., for a
period of not more than ten(10)years, for the transaction described herein, and subject to an option to
purchase the Property by the Brookings Economic Development Corporation for One Dollar($1.00); and
WHEREAS, the transaction be without any expenditures by the City; and
WHEREAS, it is in the best interests of the City to provide economic development assistance in this rnatter
to aid and assist the completion of the aforesaid transaction which will further economic development in the
City; and
VVf�REAS, the City is authorized to enter into this transaction as an economic development activity under
the laws of the State of South Dakota, including SDCL 9-27-36 and 9-54-1;
NOW, 'THEREFORE, it is hereby RESOLVED by the City Council of the City of Brookings, South Dakota,
as follows:
A. That the City acquire title to the Property for a period of not more than ten(10)years;
B. The City sha11 lease the Property to the Brookings Economic Development Corporation, Inc., a non-
profit industrial development corporation, for One Dollar($1.00)for a period of not more than ten
(10)years, with said lease to be executed only for the purposes which are consistent with those
purposes set forth in SDCL 9-54-1, and subject to an option to purchase the Property by the
Brookings Economic Development Corporation, Inc., for One Dollar($1.00);
C. That the City retain the Property for a period not to exceed ten(10)years or until such time as the
City is advised of the exercise of the above-described option by the Brookings Economic
Development Corporation, Inc.;
D. That this transaction be without any expenditures by the City;
E. That the City is authorized to underta.ke this transaction as an economic development activity as
prescribed by the aforesaid laws of the State of South Dakota; and
F. That the Brookings City Manager is authorized to execute the documents and agreements necessary to
effectuate this Resolution, and/or to undertake the actions necessary to effectuate this Resolution.
Passed and approved on the 15th day of October, 2002.
MultiPlea—Cash Flow Plan. A motion was made by Wicks, seconded by Artz, to approve a cash flow loan
in the amount of$50,000 as an advance of next year's appropriation for the MultiPlex. All present voted
yes; motion carried.
Eaecutive Session. A motion was made by Roden, seconded by McClemans, to enter into executive session
regarding Bozied vs. the City of Brookings at 6:07 p.m. with Steve Britzman, City Attorney; Mike Williams,
City Manager; and Shari Thornes, City Clerk, present and Council Member Bozied left the meeting. A!1
present voted yes; motion carried. A motion was made by Roden, seconded by McClemans, to return to
regular session at 7:03 p.m. A motion was made by Wicks, seconded by McClemans, to return to executive
session at 7:05 p.m. with the same parties present. All present voted yes; motion carried. A motion was
made by Roden, seconded by McClemans, to return to regular session at 7:12 p.m. All present voted yes;
motion carried.
Adjournment. A motion was made by McClemans, seconded by Roden, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:12 p.m.
CITY OF BROOKINGS
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