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HomeMy WebLinkAboutCCMinutes_2004_12_21 30 ��. Brookings City Council Tuesday, December 21, 2004 The Brookings City Council held an action meeting on Tuesday, December 21, 2004 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. Acting City Manager Bob McGrath, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent A�enda. The consent agenda was amended to add Dave Rusten as an appointment to the Boaxd of Adjustment. A motion was made by McClemans, seconded by Reed,to approve the consent agenda which included: 1. Adontion of the a�enda as amended; 2. Apnroval of the November 9, 17, and 23 minutes; 3. Annroval of the Citv Council's 2005 Calendar; 4. Action on appointments to various city boards, committees and commissions; Board of Adjustment: Larry Klingbile, Jay VanDuch moving move from alternate to full position, and Dave Rusten;Board of Health: Dr. Merritt Warren, Jesse Ronning, Roberta Wagner, Luanne Napton; Historic Preservation Comrnission: Stephen Van Buren and Carrie Van Buren; Hospital Board: Zeno W. Wicks III and Robert Jones; Human Rights Committee: Steve Marquardt and Brian Burkhalter; Library Board: John Grove and David Bordewyk; Brookings Committee for People who have Disabilities: David Bertelson, Lisa Sonnenberg, Jennifer Austin; Event Center Board: Dean Gulbranson; and Traffic Safety Committee: Dave Peterson, Margie Carpenter and Connie Bridges: all terms expiring on O1/O1/08. 5. Action on Resolution No. 90-04—Street Assessment; RESOLUTION NO.90-04 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDIIYG FOR THE COLLECTTON THEREOF FOR STREET ASSESSMENT PROJECT 2004-03STA (Alley from 6tn St. to 7`h St. between Henry Ave.and lst Ave.) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2004-03STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No.2004-03STA has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $5,29137 Engineering,inspection,fiscal, legal expense and publication 317.48 $5,608.85 4. The total cost of said improvement shall be paid as follows: Assessable costs $5,608.85 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967,as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). � V � 6. Action on Resolution No. 91-04—Street Assessment; RESOLUTION NO.91-04 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2004-04STA (Alley from 4`h St.So.To 5`"St.So.Between S�h Ave.So.And 6`h Ave. So.) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2004-04STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No.2004-04STA has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $10,334.91 Engineering,inspection,fiscal, legal expense and publication 620.09 $l 0,955.00 4. The total cost of said improvement shall be paid as follows: Assessable costs $10,955.00 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shai]be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43,SDCL 1967,as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 7. Action on Resolution No. 92-04 —Street Assessment; RESOLUTION NO.92-04 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2004-OSSTA (Alley from 5`h St.So.To Forest 5t.Between Medary Ave.And Ash Ave.) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2004-OSSTA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No.2004-OSSTA has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $11,814.27 Engineering,inspection,fiscal, legal expense and publication 708.86 $12,523.13 4. The total cost of said imgrovement shall be paid as follows: Assessable costs $12,523.l 3 303 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shalI be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Manager in accordance with the procedure far Plan One in Chapter 9-43, SDCL 1967,as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 8. Action on Resolution No. 93-04—Street Assessment; RESOLUTION NO.93-04 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2004-08STA (Alley from Medary Ave.to 11`h Ave.between 4`"St.and 5`"St.) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2004-08STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No.2004-08STA has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $10,334.91 Engineering,inspection,fiscal, legal expense and publication 620.09 $10,955.00 4. The total cost of said improvement shall be paid as follows: Assessable costs $10,955.00 5. Thare shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43,SDCL 1967,as amended. 8. The interest rate to be borne by the unpaid installments of the specia]assessment is ten percent (10%). 9. Action on Resolution No. 94-04—Street Assessment; RESOLUTION NO.94-04 RESOLUTION DIRECTING PREPARAT�ON OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2004-09STA (Alley from 1$`Ave. to 2nd Ave. between 6`"St. and 7`"St.) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2004-09STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No.2004-09STA has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: 304 Contract price $10,334.91 Engineering,inspection,fiscal, legal expense and publication 620.09 $10,955.Q0 4. The total cost of said improvement shall be paid as follows: Assessable costs $10,955.00 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967,as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 10. Action on Resolution No. 89-04; RESOLUTION NO.—89-04 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER FOR 2004 ADDITION AND RENOVATION TO BROOKINGS SENIOR CITIZEN'S CENTER PROJECT(CLARK DREW CONSTRUCTION) BE IT RESOLVED by the City Council that the following change order be allowed for: addition and renovation to Brookings Senior Citizen's Project: Adjust final contract as itemized in Change Order for a total decrease of$19224. 11. Wellness Council. Appointment of Dr. Matt Bien to the Mayor's Council on Community Wellness. On the consent agenda, all present voted yes; motion carried. Governor's Award Nominee. Ron's Auto Repair was recognized by the Brookings Committee for People who have Disabilities and the Brookings City Council as the Brookings nominee for Employer of the �'ear Award. Brookings Economic Develonment Corporation Report. Matt Kurtenbach reported that the Incentives Committee had completed a set of considerations for awarding revolving loan funds. The Marketing Committee continues to work on a Marketing Plan and logo and positioning statement for the city. The site development committee developed a resolution regarding market value of industrial land. The Area Development Corporation provided assistance to Big Sioux Aviation, invested in the SD Community Capital Fund, and assisted the Measurement Technologies Laboratory. He reported on several businesses that had graduated from the Ron Reed Incubator. Ordinance No. 31-04—Timberline Rezonin�. Introduction and first reading was held on Ordinance No. 31-04, an Ordinance rezoning a portion of land in the Timberline Addition in the E '/2 of the NE '/4 of Section 34-T110N-RSOW from a Residence R-1B District to a Residence R- 2 District. A motion was made by Reed, seconded by McClemans,to approve Ordinance No. 31-04. All present voted yes; motion carried. Public hearing is on January 11, 2005. Ordinance No. 30-04 —Wireless Cammunication Facilities. Introduction and first reading was held on Ordinance No. 30-04, an Ordinance amending Chapter 94, Zoning, of the City of Brookings, South Dakota and pertaining to Wireless Communication Facilities for purposes of Administration of the Zoning Ordinance. A motion was made by Whaley, seconded by MeClemans, to approve Ordinance No. 30-04. All present voted yes; motion carried. Public hearing is January 11, 2005. Resolution No. 86-04—Lease Industrial AG Land. A public hearing was held on Resolution No. 86-04, a Resolution of intent to lease real property to a private person (lease of city-owned industrial land for agricultural use in the Weise and Telkamp Tndustrial Additions). All present 305 were given an opportunity to be heard. A motion was made by Whaley, seconded by Reed, to approve Resolution No. 68-04. All present voted yes; Motion Carried. RESOLUTION NO. 86-04 RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO PRIVATE PERSON BE IT RESOLVED by the governing body of the City of Brookings,South Dakota,that the City of Brookings intends to enter into a Lease with Wendell Telkamp for a period of three(3) years,commencing upon approval by both parties and ending December 31,2007,and pertaining to the following described property: The designated farmland on the Brookings Telkamp and Wiese Industrial Parks,one hundred twenty-four(117)acres more or less in Sections 19& 30-T110-R49 in the City of Brookings,Brookings County, South Dakota. The Lease will be an amount of Thirty Dollars and no Cents($30.00)per acre for hayland and Seventy Dollars and no Cents($70.00)per acre for farmland annually,payable first half on April 1 and the remaining half on November 1 of each year. The Lease may be renewed by notification by Lessee by December 31 for each additional year,however,either party may give sixty(60)days notice prior to the termination of the Lease to terminate said Lease Agreement,and ihe City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold,the number of acres to be paid for will be adjusted at the unit price per acre. BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on December 21,2004 at 5:30 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. ` Resolution No. 68-04—Lease Industrial AG Land. A public hearing was held on Resolution No. 68-04, a Resolution of intent to lease real property to a private person (lease of city-owned industrial land for agricultural use in the Weise and Telkamp Industrial Additions). All present were given an opportunity to be heard. A motion was made by Whaley, seconded by Reed,to approve Resolution No. 68-04. All present voted yes; Motion Carried. RESOLUTION NO. 68-04 A RESOLUTION ESTABLISHING CERTAIN CRITERIA FOR BUILDING IN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF BROOKINGS,SOUTH DAKOTA WHEREAS,the City of Brookings has adopted Ordinance 24-04,amending Chapter 74 of the Code of Ordinances of the City of Brookings to permit, in certain circumstances,building in the public right-of-way;and WHEREAS,the City of Brookings has determined the need for criteria if building in the public right-of-way is permitted;and WHEREAS,the criteria for building in the public right-of-way shall be the following: 1. The applicant shall explore other alternatives that might remove the need for the use of public property. 2. Applicant is required to have the property surveyed by a licensed land surveyor to determine actual location of property lines. 3. Applicant shall apply for a permit and include an accurate site plan showing exact location of the proposed structure and the severity of the intended encroachment into the public right-of-way. 4. Applicant shall provide a proof of liability insurance policy with a hold harmless clause for the Iife of the structure Iocated in the public right-of-way.This requirement shall also apply to succeeding owners, specifically indemnifying the City of Brookings from any liability resulting from the construction and location of the structure in the public right- of-way. Prior to transfer of property which includes a structure in the public right-of- way,the seller shall notify the buyer of the liability policy requirement. 5. The encroachment must not diminish sight lines at any sidewalk and street intersection. 6. The encroachment into the public right-of-way will not be granted for more than 30%of the width of the sidewalk measured from the property line to the back of curb of the adjacent street. In no case shall the encroachment into public right-of-way exceed a distance of 36 inches. 7. Said encroachment in the public right-of-way shall be removed if the principal building is removed or destroyed. 8. Materials used to build the structure in the public right-of-way,as well as its height, proportion,and scale,shall be architecturally compatible with the principal building and adjacent buildings. The Brookings Historic Preservation Commission shall promptly review of the architectural compatibility of the proposed structure and provide official comment to the City Council(City of Brookings Code of Ordinances Chapter 46, 10-97 (a)(b)). 30 � 9. if the structure is not designed to be permanent in nature, it should be durable enough to function properly in its intended service to the principal building. 10. The structure in the public right-of-way shall be attached to principal structure or have its own frost footing. 11. Upon removal of the structure from the public right-of-way,the applicant shall reapply for a new permit before building a new structure in the public right-of-way. NOW,THEREFORE,BE IT RESOLVED that the criteria for building in the public right-of-way set forth above is hereby approved. House Movin�. A public hearing was held on a house moving request from John Folkerts and Michael Linehan to move a one and one-half story house from 3005 Western Ave. South to the property described as Lot 6, Block 5,Esther Heights Addition, also known as 2222 Teresa Ave. All present were given an opportunity to be heard. A motion was made by McClemans, seconded by Whaley,to approve. All present voted yes, except Roden abstained;Motion Carried. Ordinance No. 28-04 —2004 Budget Amendment. Second reading was held on Ordinance No. 28-04, an Ordinance authorizing supplemental appropriation to the 2004 budget for the purpose of providing for additional funds for the operation of the city. A motion was made by Roden, seconded by Reed, to approve Ordinance No. 28-04. All present voted yes; Motion Carried. Ordinance No. 29-04—Code of Ordinances. Second reading was held on Ordinance No. 29- 04, an Ordinance amending Section 78-32 of the Code of Ordinances of the City Of Brookings, South Dakota and pertaining to the Municipal Sales and Service and Use Tax in the City of Brookings, South Dakota. A motion was made by Bozied, seconded by McClemans,to approve Ordinance No. 29-04 with the addition of the effective date. All present voted yes; Motion Carried. Resolution No. 87-04—Utilitv Revenue Bonds. A motion was made by Reed, seconded by Bozied,to approve Resolution No. 87-04, a Resolution by the City Council of the City of Brookings, South Dakota, declaring its official intent to reimburse certain expenditures made by the City through the issuance of its Electric Utility Revenue Bonds. All present voted yes, Motion Carried. RESOLUTION NO.87-04 DECLARATION OF OFFICIAL INTENT TO REIMBURSE A Resolution By The City Council Of The City Of Brookings,South Dakota,Declaring Its Official Intent To Reimburse Certain Expenditures Made By The City Through The Issuance Of Its Electric Utility Revenue Bonds. WHEREAS,the Municipal Utitities Board(the"Soard")of the City of Brookings,South Dakota(the "City") has determined that it is necessary to proceed with the construction of modificarions and improvements to the City's electrical utility system (the 'Blectric Utility") including (i)the purchase and installation of substation components and related equipment to improve the City's Electric Utility and to enhance the City's ability to serve the needs of the South Dakota State University campus and uses of the Electric Utility generally,and(ii)engage engineering and other consultants as necessary to develop specifications for such improvements and to analyze the feasibility thereof(the "Project"); and WHEREAS, the City Council intends to authorize the issuance of Electric Utility Revenue Bonds (the "Bonds")of the City for the purpose of paying the costs of the Project which are estimated to be $1,600,000, and to pay all costs incurred in connection with the issuance of a tax-exempt bond or bonds to fmance Project costs;and WHEREAS, the City desires to declare its o�cial intent to reimburse itself for any costs of the Project paid by the City prior to the issuance of the Bonds, NOW,THER�FORE,BE IT RESOLVED that the City Council of the City of Brookings,South Dakota makes the following declarations for the purpose of complying with the reimbwsement rules of Treas.Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986,as amended: 1. As of the date hereof,the City reasonably expects to reimburse itself for the expenditures described in paragraph 2 below with proceeds of debt to be incurred by the City. 2. The e�penditures described in this paragraph 2 are for the costs of acquiring and constructing the Project whiCh were paid subsequent to sixty(60)days prior to the date her'eof o'r which will be paid prior to the issuance of the bonds from the electric utility fund,and/or the general fund of the City. 3. The maximum principal amount of debt expected to be issued for the Project,including issuance costs,is$1,600,000. 307 4. A reimbursement allocation of the expenditures described in Paragraph 2 above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of(i)the date on which the expenditure is paid,or(ii)the date the Project is placed in service or abandoned,but in no event more than three(3)years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution. 5. The expenditures described in Paragraph 2 above are"capital expenditures" as defined in Treas.Reg. § 1.150-](b),which are any costs of a type which are properly chargeable to a capital account(or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas.Reg. §1.150-2(c))under general Federal income tax principles as determined at the time the expenditure is paid. 6. All action of the Board, the City Council and/or any officers, agents and employees of the Board and the City consistent with the purposes and intent of this resolution,whether taken before or after the adoption hereof,are ratified,confirmed and adopted. 7. This Declaration of Official Intent to Reimburse shall be available for public inspection at the City Clerk's Office located in City Hall,and shall be made available for public inspection within 30 days of the date of this resolution in such office in accordance with the requirements of South Dalcota law or the Treasury Regulations promulgated by the Internal Revenue Service under the Internal Revenue Code of 1986, as amended. Such inspection may be made on any business day until the date of issuance of the Bonds. City Clerk's Renort. The Council agreed to participate in the January 25t" `Brookings Day"in Pierre and will need to reschedule their January 25th meeting to January 1 gth Thornes reported that Don Behrend had entered into an agreement to provide taxi service in the city through June 30, 2005 at a rate of$3708 per month. Executive Session. A motion was made by Whaley, seconded by McClemans,to enter Executive Session at 6:30 p.m. to consult with legal counsel regarding contractual matters with the Council, Manager,Attorney and Clerk present. A motion was made by McClemans, seconded by Whaley, to leave Executive Session at 6:40 p.m. All present voted yes;motion carried. Resolution No. 88-04—Growth Partnershin Study. A motion was by Bozied, seconded by Roden,to approve Resolution No. 88-04, a resolution to commit$50,000 from the 2005 budget for the purpose of hiring the consultant for the Growth Partnership Study with amendments to state that the funds paid out of the economic development reserves from 2°d penny t�and the city be provided with a full accountability and reporting at the end of the project. All present voted yes; motion carried. RESOLUTION NO. 88-04 COMMITMENT OF FUNDS FOR GROWTH PARTNERSHIP STUDY WHEREAS,the creation of a Research Park in the city of Brookings would be beneficial on local, regional and state levels;and WHEREAS,a master plan is needed to qualify for further funding of the Research Park's development;and WHEREAS,funding the plan will require$200,000;half raised locally and half matched by the state. NOW,THEREFORE,BE IT RESOLVED,that the city of Brookings agrees to commit$50,000 in 2005 for the purpose of hiring the consultant for the Growth Partnership Study. Commitment of funds is contingent upon matching funds being available. Said funds are to be paid out of the economic development reserves from the 2"d penny tax. The City will be provided with full accountability and reporting at the end of the project. Adiourn. A motion was made by Roden, seconded by Whaley,to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:48 p.m. C OF OOKINGS cott D. Munsterman, Mayor -o��.' o�:' �% e~ z_ e �o;;�h;�r�:=n rnes, Brookings City Clerk A S't.l - 1D:;_;_._