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HomeMy WebLinkAboutCCMinutes_1999_06_08 137 Commission Chambers June 8, 1999 City of Brookings The City Commission convened in regular session at 7:30 PM with the following members present: Hauschild, Klavetter, Murra, and Artz•, absent: Wicks Alan Glover, Attorney was present. Minutes of the regular meeting held June 1, 1999 were read and approved. Motion was made by Artz, seconded by Murra approving the bills and claims. VanDiest Supply, supplies, 605.00; KELO, advertising, 1,495.00; Occuscreen, testing, 278.00; D.Hanson, travel, 311.70; Seton name Plate, supplies, 193.45; Election Systems, supplies, 470.98; Banner, services, 5,671.10; Beal Distributing, beer, 16,906.95; Beckman& Sons, supplies, 66.89; Bierschbach Equipment, supplies, 122.96; Bozied Oil, supplies, 7.98; Brian's Tint, supplies, 185.65; Brkgs. Deuel Rural Water, services, 55.00; ITC, services, 260.64; Brkgs. Telephone, services, 3,071.43; Brkgs. Tire Center, repairs, 143.90; Central Business, supplies/furniture, 6,030.65; Brown& Saenger, supplies, 48.20; Carlson Distributing, beer, 10,526.35; Canfield, panels, 10,878.75;Brkgs. Landfill, hauling, 10,878.75; Coast to Coast, supplies, 66.63; Dakota Beverage, beer, 17,425.80; Daktoa Filter, supplies, 25.00; SD Dept. of Revenue, license, 12.00; Diamond Clear Ice, supplies, 655.50; Dust Tex, rental, 159.30; Elkton Farmers Union, fuel, 6,809.60; Farmers Coop, supplies, 30.98; Foerster Distributing, supplies, 374.45;Foster Farms, lime, 1,685.19; Le�s, supplies, 331.00; Harold's supplies, 6.09; InstyPrints, supplies, 11.73; Johnson Brothers, liquor/beer, 24,184.94; Kmart, supplies, 36.00; KKQQ, advertising, 450.00; K.Krogh, services, 200.00; KJJQ, advertising, 450.00; L&L Auto, supplies, 225.63; Martin& Assoc., computer, 2,781.10; Martin's, fuel, 657.10; M&T Fire& Safety, inspection 114.50; Bellboy Corp, supplies, 825.61; Old Dutch Foods, supplies, 23.94;Pepsi Cola, supplies, 23.94; Pepsi Cola, supplies, 129.55; Queen City Wholesale, supplies, 1,836.51; Quill, supplies, 56.18; Rich's Door Service, repairs, 135.00; Runnings, supplies, 15.27; Sanitation Products, supplies, 86.81; SoDak Distributing, liquor/beer, 21,415.59; SoDak Pest Control, services, 60.00; ST Services, services, 125.00; SD Dept. of Revenue, tonnage, 3,910.92; SD Federal Property, pickup, 9,340.00; Staurolite Inn, employee appreciation, 1,755.00; Top Notch Cleaning, services, 1,070.00; Tom's TV, repairs, 15.00; VandeBerg Sales, supplies, 1,510.00; WalMart, supplies, 44.47; Frito Lay, supplies, 42.14; Brkgs. County Register of Deeds, services, 55.00; HyVee, supplies, 149.50; RDO Equipment, supplies, 71.19; Country General, supplies, 273.62;M&T Fire& Safety, supplies, 53.70; L. Walstrom, services, 81.25; S. Knutzen, services, 78.00; J. Awald, services, 109.75; J. Nissen, services, 19.50; K. Ahartz, services 101.00; H. Hauff, services, 84.50; H. Gottsleben, services, 81.25; S. Anderegg; services, 111.50; S. Anderson, services, 84.50;B. Borstad, services, 111.15; J. Bretsch, services, 81.25; C. Dixon, services, 82.88; R. Helwig, services, 82.88; C. Hieb, services, 101.00; G. Narragon, services, 84.50; B. Woolworth, services, 84.50. General, 377,409.27; Storm Drainage, 3,545.24; Liquor, 21,841.85; Solid Waste, 43,328.44; Water, 62,391.67; Electric, 120,279.99; Wastewater, 51,798.29; Telephone, 293,372.49; Hospital, 715,242.97; First Natl, 403,874.35;Norwest, 155,548.42; BankFirst, 52,911.31; SDSU/Federal Credit Union, 6,224.56; Brkgs. Federal, 29,723.36; Home Federal, 15,923.60, SDSU/Federal Credit Union, contributions, 30,364.28; City Brkgs., Sec 125, 4,211.25; BMiJ, gross payroll, 529,097.76; IRS, FICA/FIT, 234,050.15; First Natl, annuity, 2,350.00; SDSRS, retirement, 60.00; Teamster, dues, 1,182.00; United Way, contributions, 300.00; Aetna, annuity, 3,345.00; Office Child Support, garnish, 1,762.00; District Attorney Family Support, garnish, 50.00; Minnesota Child Support, garnish, 636.00; United Accounts, garnish, 66.88; Hauge Assoc., garnish, 309.18;Brkgs. Hospital, garnish, 335.00; Delta Dental, ins., 781.10; Madison Natl Life, ins., 1,473.69; City Brkgs., ins., 39,593.40; Aetna, ins., 150.48;Delta Dental, ins., 7,647.75; Aflac, ins., 2,328.92; Aflac, ins., 976.76; Wellness Benefit, ins., 505.35; SDRS, retirement, 99,292.71; City Brkgs., reimburse, 1,038.26. Motion was made by Murra, seconded by Klavetter to approve the agenda. Motion was made by Murra, seconded by Klavetter approving Resolution No. 52-99, canvassing ballot, from June l, 1999 Special City Election. RESOLUTION NO. 52-99 WI�REAS, on the 1$` day of June, 1999, there was held in the City of Brookings, South Dakota, an election for the purpose of adopting or rejecting the proposed Home Rule Charter and 138 WHEREAS, the judges and clerks of said election have returned to the City Commission of the City of Brookings the official results for the purpose of the official canvass, and WHEREAS, the Board of Commissioners on June 8, 1999 has canvassed the results for the purpose of determining if the proposed Home Rule Charter should be approved or rejected; NOW, THEREFORE, BE IT HEREBY RESOLVED By the City Commission of the City of Brookings, South Dakota, that the official vote at the annual City Election held June 1, 1999 was as follows: HOME RULE CHARTER AMENDMENT FOR AGAINST TOTAL VALID BALLOTS Precinct 1 271 107 378 Precinct 2 238 108 346 Precinct 3 516 134 650 Precinct 4 444 141 S85 Precinct 5 505 129 634 Totals 1974 619 2593 BE IT FIJRTf�R RESOLVED that the proposed Home Rule Charter has been submitted to the voters, and did receive the required number of votes for approval and therefore the proposed Home Rule Charter is adopted. Motion was made by Klavetter, seconded by Muna to table indefinetly the bid for a 30' x 48' greenhouse with bid options for the necessary furnishings. All members voted YES; motion carried. Motion was made by Murra, seconded by Artz approving Resolution No. 56-99, authorizing the issuance of Utility Revenue Bonds, Series 1999 in an aggregated principal amount not to exceed $10,000,000; pledging the gross revenues of a personal communications system to the payment of said bonds; authorizing of�icers of the City to approve, execute and deliver certain agreements and documents relating to the bonds and a joint undertaking by the City and the City of Beresford, South Dakota. A11 members voted YES; motion carried. RESOLL7TION 56-99 A RESOLUTION AUTHORIZING TI�ISSUANCE OF UTILITY REVENUE BONDS, SERIES 1999 IN AN AGGREGATE PRINCIl'AL AMOUNT NOT TO EXCEED $10,000,000; PLEDGING THE GROSS REVENUES OF A PERSONAL COMMUIVICATIONS SYSTEM TO THE PAYMEN'T OF SAID BONDS; AUTHORIZING OFFICERS OF THE CITY TO APPROVE, EXECUTE AND DELIVER CERTAIN AGREEMENTS AND DOCLTMENTS RELATING TO THE BONDS AND A JOINT UNDERTAKING BY THE CITY AND TI�CITY OF BERESFORD, SOUTH DAKOTA BE IT RESOLVED by the City Commission of the City of Brookings, South Dakota, as follows: Section 1. Findin s. It is hereby found, determined and declared that: 1.01. The City of Brookings, in the County of Brookings (the "City"), is a political subdivision of the State of South Dakota and a body corporate and politic. 1.02. Under the laws of the State of South Dakota, the City is possessed of aIl powers which are necessary, requisite or proper for the government and administration of its local and municipal matters, and all rights and powers that now or hereafter may be granted to municipalities by the laws of the State of South Dakota. 139 1.03. The City is authorized by South Dakota Codified Laws, Chapter 9-41, as amended (the "Act")to acquire land and acquire and construct improvements and equipment comprising a system for the purpose of providing a telephone system and related services. 1.04. It is proposed that, pursuant to the Act, the City undertake the acquisition, construction and equipping of facilities (the "Facilities") which will comprise a Personal Communications Service system in the Sioux City PCS Market (the "System"). Pursuant to South Dakota Codified Laws, Chapter 1-24 and the inherent powers of the parties as Home Rule cities, the City and the City of Beresford, South Dakota("Beresford") propose to enter into a Joint Powers Agreement (the ".Joint Powers Agreement"), copies of which have been distributed to and reviewed by the Commission, whereby the parties will establish a Joint Fund (the "Joint Fund") to own and operate the System. The Facilities will be contributed by the City to the Joint Fund as the City's initial contribution to the Joint Fund, and the Facilities and the Joint Fund will be managed by the City acting through the Brookings Municipal Utility ("BMLJ"). 1.05. Pursuant to the Joint Powers Agreement, Beresford will agree to make an initial cash contribution to the Joint Fund, which contribution will be deposited with the First National Bank in Brookings, as escrow agent (the "Escrow Agent") pursuant to the terms of an Escrow Agreement to be entered into by the City, acting through BMU, Beresford and the Escrow Agent (the "Escrow Agreement")until certain conditions set forth therein and in the Joint Powers Agreement have been satisfied. 1.06. As authorized by the Act, the City has determined that it is necessary and desirable to issue utility revenue bonds to be designated "City of Brookings, South Dakota, Utility Revenue Bonds, Series 1999," in one or more series, in an aggregate principal amount now estimated not to exceed the sum of$10,000,000, including an amount not to exceed the estimated capitalized interest on the bonds during the construction of the Facilities, a debt service reserve fund not exceeding 10% of the principal amount of the bonds and an allowance for underwriters discount (not to exceed 2.0% of the principal amount of the bonds), original issue discount (not exceeding 2.0% of the principal axnount of the bonds), the premium for bond insurance, if any, and other costs of issuance (the "Series 1999 Bonds"), the proceeds of which would be used, together with any additional funds of the City which might be required (i)to finance the acquisition, construction and equipping of the Facilities; (ii) to fund a reserve fund; (iii)to pay costs of issuance of the 5eries 1999 Bonds and the premium for bond insurance, if any; and (iv)to pay interest on the Series 1999 Bonds during construction of the Facilities. The Series 1999 Bonds will be issued pursuant to an Indenture of Trust (the "Indenture"), between the City and the First National Bank in Brookings, in Brookings, South Dakota, as trustee(the "Trustee"). Section 2. Retention of Mana��Underwriter, Bond Counsel and Underwriter's Counsel. The City hereby retains Dougherty Summit Securities LLC, in Sioux Fa11s, South Dakota, as Managing Underwriter, Faegre&Benson LLP, Minneapolis, Minnesota, as underwriters counsel and Dorsey& Whitney LLP,Minneapolis, Minnesota, as bond counsel with respect to the Bonds. Section 3. Authorization of Series 1999 Bonds. 3.01. The City hereby authorizes the Series 1999 Bonds in accordance with the provisions of the Act, the Indenture and this Resolution. The Bonds shall be issued in a principal amount specified in Section 1.06, or such lesser principal amount as the officers of the City designated below, in consultation with the Managing Underwriter and bond counsel designated in Section 2 shall determine to be necessary to accomplish the purposes set forth in Section 1.06; a11 subject to the limitations of the laws of the State of South Dakota and of the Internal Revenue Code of 1986, as amended (the "Code"). The Commission hereby approves the issuance and sale of the Series 1999 Bonds. 3.02. The Series 1999 Bonds sha11 be issued in such form, mature at the time or times and on such terms, consistent with this resolution, as sha11 be provided in the Indenture and other agreements whose execution and delivery is authorized by Section 6 of this resolution. 3.03. The Bonds shall be special, limited obligations of the City, payable solely from the Gross Revenues of the System and other moneys pledged therefor. The Bonds shall not be payable from any general or other fund of the City, and the Bonds shall not constitute general obligations of the City. 140 Section 4. Pledge of Gross Revenues of the System. The Gross Revenues of the System shall be pledged and appropriated to the payment of the Series 1999 Bonds as set forth in the Indenture, including the supplements thereto and in a pledge agreement from BMiJ, on behalf of the Joint Fund, to the Trustee. The Issuer reserves the right to issue additional obligations payable from the gross revenues of the System upon the conditions set forth in the Indenture. Section 5. Bond Purchase Contracts, Bond Terms Execution and Deliverv. 5.01. Sale and Bond Purchase Agreement. The Series 1999 Bonds authorized by this Resolution shall be sold to the Managing Underwriters at a purchase price of not less than 98.00% of par, plus accrued interest and less any original issue discount (not exceeding 2% of par), shall bear interest at a rate or rates per annum resulting in an average interest rate not greater than 6.50% per annum and shall mature not later than 20 years from their date of issue. The Mayor and Finance Officer are hereby authorized and directed to agree with the Managing Underwriter upon the exact purchase price, principal amount, maturities, interest rate or rates and redemption provisions for the Series 1999 Bonds, within the parameters set forth in this Section. The execution of a Bond Purchase Agreement for the Series 1999 Bond, which shall set forth the final terms of the Series 1999 Bonds, by the Mayor and Finance Officer is hereby approved and authorized and such execution shall be conclusive evidence of such agreement and shall be binding upon the Issuer. The provisions of the Bond Purchase Agreement as so executed, including all Exhibits and Appendices thereto, are incorporated herein by reference. The Series 1999 Bonds shall be issued pursuant to the Indenture. 5.02. Maturities, Interest Rates and Redemption Provisions. The Series 1999 Bonds sha11 mature on the dates and in the respective years and amounts, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates stated opposite such maturity years, and shall be redeemable on the dates and at the redemption prices as shown on E�ibit A to the Bond Purchase Agreement pursuant to which the Series 1999 Bonds are sold to the Managing Underwriter. 5.03. Dates and Interest Payment Dates. The Series 1999 Bonds shall bear a date of original issue as of the first or the fifteenth day of the month in which the Series 1999 Bonds are delivered to the Managing Underwriter. The interest on the Series 1999 Bonds shall be payable on the dates shown on Exhibit A to the Bond Purchase Agreement. Section 6. Authorization of Documents. In connection with the authorization, issuance and delivery of the Series 1999 Bonds, the officers of the City designated by Section 7 of this resolution shall enter into, execute and deliver the following indenture, agreements and documents: (a)the Indenture to provide for the issuance of the Series 1999 Bonds and setting forth the terms thereof; (b)the Bond Purchase Agreement or similar agreement providing for sale of the Series 1999 Bonds; (c)the Official Statement or other document used for the offering of the initial series of the Series 1999 Bonds; (d)the Joint Powers Agreement setting forth the joint ownership and operating arrangements with respect to the System; (e)the Escrow Agreement with respect to the initial cash contribution to the Joint Fund; (�the pledge agreement between the Joint Fund and the Trustee; and (g) such other documents, agreements or instruments as may be necessary to make covenants and recite facts required to demonstrate the validity and enforceability of the Series 1999 Bonds under the laws of the State of South Dakota and to assure the exclusion of the interest thereon from the gross income of the owners of the Series 1999 Bonds under the Code and to effectuate the terms and intent of this resolution. 141 The execution and delivery of such indenture,agreements and documents is hereby authorized and directed,the indenture, agreements and documents to be in such form and to contain such terms, consistent with this resolution, as the officers of the City designated herein shall deterniine to be necessary and desirable. Section 7. Citv Officers. The Mayor and Finance Officer of the City are hereby authorized and directed to execute and deliver the indenture, agreements and documents authorized by Section 6 hereof. Execution and delivery of such items by the Mayor and Finance Officer sha11 constitute evidence that such items are consistent with the terms of this resolution and have been duty authorized, executed and delivered by the City and are enforceable against the City in accordance with their terms, subject to customary exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting creditors' rights. The Mayor, Finance Officer and City Attorney are further authorized to take such other actions as may be required to effectuate the terms and intent of this resolution. In the event of the absence or disability of the Mayor or Finance Officer, such officers as, in the opinion of the City Attorney, are authorized to act in their stead may take all actions and execute all documents approved hereby. Section 8. Transcript Certification. The officers of the City are directed to furnish to Bond Counsel and the Managing Underwriter certified copies of all proceedings and information in their official records relevant to the authorization, sale, execution and issuance of each series of Series 1999 Bonds, and such certificates and affidavits as to other matters appearing in their official records or otherwise known to them as may be reasonably required to evidence the validity and security of the Series 1999 Bonds, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations and recitals of the City as to the correctness of all facts stated therein and the completion of all proceedings stated therein to have been taken. Section 9. Tax Matters and Continuing Disclosure 9.01. Certification. The Mayor and Finance Officer being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Managing Underwriter a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations and setting forth the City's covenants and expectations with respect to the application of Section 148(�(4) of the Code to the Bonds. 9.02. Restrictive Action. The City covenants and agrees with the registered owners of the Bonds, that it will not take or permit to be taken by any of its officers, employees or agents any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Code and applicable Regulations, and covenants to take any and all actions within its powers to ensure that the interest will not become includable in gross income of the recipient under the Code and the Regulations. The City covenants and agrees that, so long as the Bonds are outstanding, the City shall not enter into any lease, management agreement, use agreement or other contract with any nongovernmental entity relating to the Facilities which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 9.03. Arbitra�e Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(fl of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(� and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purpose, unless the Bonds quality for one of the exceptions from the rebate requirement under Section 148(fl of the Code and Sections 1.148-7 or 1.148-8 of the Regulations. In furtherance of the foregoing, the Mayor and Finance Director are hereby authorized and directed to execute a Rebate Certificate, in the form prescribed by Bond Counsel, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 9.04. Continuing Disclosure. The City acknowledges that the Series 1999 Bonds are subject to the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (as in effect and interpreted from time to time, the "Rule"). The Rule governs the obligations of certain underwriters to require that issuers of municipal obligations enter into agreements for the benefit of the holders of the obligations to provide continuing disclosure with respect to the obligations. To provide for the public availability of certain information relating to the Series 1999 Bonds and the security therefor and to pernut participating underwriters in the primary offering of the Series 1999 Bonds to 1 � comply with the Rule, which will enhance the marketabilit of the S r' y e ies 1999 Bonds, the Mayor and the Finance Officer are hereby authorized and directed to execute an Agreement Concerning Continuing Disclosure, by which the City agrees to provide such information, either directly or through a disclosure agent, and the City hereby covenants and agrees, to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof, for the benefit of the registered owners or beneficial owners from time to time of the Outstanding Series 1999 Bonds as therein provided. Section 10. Ratification. All actions heretofore taken by the City of any of its officers in connection with the Joint Undertaking are hereby ratified and confirmed. Section 11. Amendment. This resolution may be amended at any time prior to the issuance of the Series 1999 Bonds by adoption of an administrative resolution. Motion was made by Klavetter, seconded by Artz authorizing the Mayor to sign an Agreement between the City of Brookings and the Brookings Municipal Utility Board. All members voted YES; motion carried. Introduction and first reading of Ordinance No. 12-99 rezoning Outlot 5 in the SE '/4 of Section 15-T110N-RSOW from A-Agricultural District to a class Industrial I-1 District(north of Hwy 14 ByPass on Western Avenue, Joint Jurisdictional Area). Motion was made by Artz, seconded by Murra approving the first reading of Ordinance No. 12-99. All members voted YES; motion carried. ORDINANCE NO. 12-99 AN ORDINANCE TO CHANGE TI-�ZONING WITHIN T'HE JOINT JIJRISDICTIONAL AREA SURROUNDING THE CITY OF BROOKINGS Introduction and first reading of Ordinance No. 13-99 re-zoning the E 200' of Outlot J and the E 200' of the N 325' of Block 12, Parkdale Home Third Addition from an Agricultural A District and Residence R-2 District to a Residence R-3 District(SW corner of First Avenue and Harvey Dunn St.) Motion was made by Artz, seconded by Murra approving the first reading of Ordinance No. 13-99. All members voted YES; motion carried. ORDINANCE NO. 13-99 AN ORDINANCE TO CHANGE THE ZONING WTTHIN THE CITY OF BROOKINGS Introduction and first reading of Ordinance No. 14-99 approving a Conditional Use to establish a major home occupation(Professional Office)in Lot 1, Block 1, Esther Heights Addition, also known as 405 Martin Boulevard. Motion was made by Artz, seconded by Murra approving the first reading of Ordinance No. 14-99. All members voted YES; motion carried. ORDINANCE NO. 14-99 AN ORDINANCE PERTAINING TO AN APPLICATION FOR A CONDITIONAL USE FOR A MAJOR HOME OCCUPATION(PROFESSIONAL OFFICE) IN'TI-�RESIDENCE R- 1B DISTRICT. Introduction and first reading of Ordinance No. 15-99 re-zoning the N 72', S 305' of Lot B, Sa1e Barn Addition from a Residence R-3A District to a Business B-3 District. Motion was made by Artz, seconded by Murra approving the first reading of Ordinance No. 15-99. All members voted YES; motion carried. ORDINANCE NO. 15-99 AN ORDINANCE TO CHANGE THE ZONING WITHIN TI� CITY OF BROOKINGS 143 Introduction and first reading of Ordinance No. 16-99 re-zoning the S 98' of Outlot A; Outlot B excluding the N 90', W 30'; all of Outlots C, D, and E in the NE '/4 of Section 25-110-50 and sublots 4 and 5 of Lot A in Block l, Bane and Pool Addition from a RB-4 Neighborhood Business District to a Business B-2 District (located on 6`�` Street in the 1700 Block). Motion was made by Murra, seconded by Murra approving the first reading of Ordinance No. 16-99. All members voted YES; motion carried. ORDINANCE NO. 16-99 AN ORDINANCE TO CHANGE THE ZOIVING WITHIN THE CITY OF BROOKINGS Introduction and first reading of Ordinance No. 17-99, an Ordinance to provide for safety guidelines and for the licensing of outdoor sites for temporary merchants. Motion was made by Artz, seconded by Murra approving the first reading of Ordinance No. 17-99. All members voted YES; motion carried. ORDINANCE NO. 17-99 AN ORDINANCE TO PROVIDE FOR SAFETY CUIDELINES AND FOR THE LICENSING OF OUTDOOR SITES FOR TEMPORARY MERCHANTS Motion was made by Klavetter, seconded by Muna approving Resolution No. 53-99 annexing Outlot 5 in the SE '/4 of Section 15-T110N-RSOW(north of Hwy 14 ByPass on Western Ave in the Joint Jurisdiction Area). All members voted YES; motion carried. RESOLUTION NO. 53-99 WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, by the owner or owners of not less than three-fourths(3/4) of the value of said territory, and WHEREAS, the City of Brookings desires to annex the following described property, to-wit: Outlot 5 in the SE '/4 of Section 15-T 110N, RSOW all in the County of Brookings, South Dakota. , WHEREAS, the aforesaid land is contiguous to the present boundaries of the City of Brookings, and WHEREAS, the City of Brookings has received a Petition for Annexation of territory signed by the owners of greater than three-fourths(3/4)of the value of the aforesaid property and three-fourths (3/4) of the legal registered voters residing in said territory, NOW, THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Motion was made by Murra, seconded by Klavetter approving Resolution No. 54-99 approving a final plat of Lot 51 A of Sioux Village in Indian Hills Addition and Street Right-of-Way for a portion of Division Avenue in the NW '/4 Sec 35-T110N-RSOW in the City of Brookings. All members voted YES; motion carried. ,,1�� ��� �, �;�`SOLUTION NO. 54-99 a� BE IT RESOLVED BY THE CITY OF BROOKINGS, SOUTH DAKOTA: ,�.�'`�""�``'*••. y2 . i�IR n 1�. . WHEREAS, H&M Land Company, Inc., Robert E. Fishback, Trustee of the Hora¢e�isltb�c,�: Jr. Trust of 1967, owners of the hereinafter described real property has submitted to the go�rer`nin�� ;; ,: board a proposed plat of Lot S 1A of Sioux�llage in Indian H'ills Addition and Street Right��r,,.-', a Portion of Division Avenue in the NW '/a Sec. 35 —T110N—RSOW to the City of Brookings, ��"°R�y Brookings County, South Dakota, and the Board of City Commissioners of said City having examined 14 4he proposed plat and it appearing that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to the law. NOW, THEREFORE, BE IT RESOLVED that said plat and survey by and are hereby in a11 things accepted and approved. Motion was made by Klavetter, seconded by Artz approving Resolution No. 55-99 approving a final plat of Block 3 of Nicole Meadows Second Addition to the City of Brookings. All members voted YES; motion carried. RESOLUTION NO. 55-99 BE IT RESOLVED BY THE CITY OF BROOKINGS, SOUTH DAKOTA: WHEREAS, Edward Telkamp and Verna Clark, Trustees of the Telkamp Family Trust, owners of the hereinafter described real property has submitted to the governing board a proposed plat of Block 3 of Nicole Meadows Second Addition to the City of Brookings, South Dakota, and the Board of City Commissioners of said City having examined the proposed plat and it appearing that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to law. Motion was made by Murra, seconded by Artz approving Resolution No. 51-99 adopting temporary regulations for the first election of the amended charter. All members voted YES; motion carried. RESOLUTION N0. 51-99 WI-�REAS, the citizens of the City of Brookings voted on 7une 1, 1999 to amend the Brookings City Charter as adopted March 18, 1997 and � WHEREAS, the amendment included eliminating the commissioner form of government and provided for the creation of a City Council-City Manager form of govemment and WHEREAS, Section 9-OS —a-first election of the amended charter states that"The present City Commission sha11 prepare and adopt temporary regulations applicable only to the first election under this amended Charter" and NOW THEREFORE, BE IT RESOLVED that the period for qualified citizens to obtain and file petitions to run for either a council person or mayor shall commence on June 14, 1999 and the deadline to file will be 5:00 PM on 7uly 9, 1999 and BE IT FLTRTI�R RESOLVED that the official date for the special election to elect the new council members and mayor shall be Tuesday, Au�,►st 3, 1999. Motion was made by Murra, seconded by Artz approving authorization to publish a notice of hearing for a temporary on-sale liquor license for the Brookings Volunteer Firefighters annual dance to be held October 29�`and 30�`, 1999 at the National Guard Armory. All members voted YES; motion carried. Motion was made by Klavetter, seconded by Muna to move into executive session for contractual reasons. All mernbers voted YES; motion carried. Commission meeting adjourned. � � Mayor -� ��of�R�� � � o - Oi�icer