HomeMy WebLinkAboutCCMinutes_2000_09_11 317
Brookings City Council
Monday, September 11, 2000
5:30 p.m., City Hall Council Chambers
The Brookings City Council convened in regular session on August 28, 2000 at 5:30 p.m. in City
Hall with the following members present: Mayor Virgil Herriott, Mike McClernans, Tom
Bozied, Nate Bibby, Keri Weems, and Sam Artz, Bill Davidson was absent. City Manager
Michael Williams was present.
Consent A eg nda. Presentation of the Multiplex 2001 Budget was removed from the agenda,
Item#C was removed from the consent and made as Item 14 on the regular agenda. Motion was
made by Weems, seconded by Bozied, to approve the consent agenda which included the regular
August 28, 2000 minutes, the agenda as amended, and Resolution 64-00 expressing the intent of
the City uf Brookings to consider reimbursing costs pertaining to landfill equipment frorn the
proceeds of the issuance of tax-exempt lease or other form of indebtedness; and state other
matters pertaining thereto. All members voted YES; motion carried.
RESOLUTION NO. 64-00
EXPRESSING THE INTENT OF THE CITY OF BROOKINGS, $R�OKINGS COUNTY,
SOUTH DAKOTA TO CONSIDER REIlVIBURSING COSTS PERTAINING TO LANDFILL
EQUIl'MENT FROM THE PROCEEDS OF THE ISSUANCE OF TAX-EXEMPT LEASE OR
OTHER FORM OF INDEBTEDNESS; AND STATING OTI�R MATTER5 PERTAII�iING
THERETO.
WHEREAS, the City of Brookings, South Dakota(the "City") intends to consider issuin� a tax-
exempt lease or other form of indebtedness (the "Lease") to finance the purchase of certain
landfill equipment, a more detailed description being on file with the City Manager and open to
public inspection(the "Project" ); and
WHEREAS, the City desires to e�ress its intent to continue to reimburse costs, which includes
debt incurred in acquisition of the equipment, from the proceeds of the Lease, and desires to
make such reimbursement in compliance with Treasury Regulations 5ection 1.150-2 (the
"Reimbursement Regulations");
NOW, THEREFORE, BE IT RESOLVED by the City Council:
Sectian 1 - That the City will consider financing the landfill equipment through
. the issuance of its tax-exempt lease or other form of indebtedness (the "Bonds")
� in an amount not to exceed $358,000 pursuant to SAC�Title 9& Chapter 6-8B.
Section 2 - That the City intends to reimburse such equipment costs incurred
within the last 60 days from the proceeds of the Lease, if issued.
Section 3 - That the equipment costs will initially be paid from the Landfill fund
of the City.
Sectiort 4. That City does hereby declare its official intent to reimburse the
expenditures with proceeds of the tax-exempt lease.
Section 5. That this Resolution is intended to be the declaration of official intent
under the Reimbursement Regulations. The reimbursement shall relate to the
improvements above mentioned.
Section 6. This declaration of intent shall be available for public inspection.
Ordinance 37-00. Motion was made by Artz, seconded by Weems,to approve the first reading on
Ordinance No. 37-00 to rezone the SW 1/4, SE 1/4, excluding Lot H-1, of Section 19-T110N- �
R49W from an Industrial I-1 District to a Planned Development District(30 acres next to the I-29
Hwy 14 interchange). All members voted YES;motion carried.
Ordinance 39-00. Motion was made by Bibby, seconded by Weems, to approve the first reading
on Ordinance No. 39-00 appropriating monies to fund the necessary expenditures and liabilities of
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the City for the 2001 Fiscal Year and providing for the annual tax levy and annual tax for all funds.
All members voted YES; motion carried.
Public hearin�to move gar�es. A public hearing was held on a request to move two garages
from 713 40�' Street South to Lot A, Meyers Subdivision in the NW 1/4 of Section 11-T109N-
RSOW, also known as 3714 Main Avenue South. All present were given an opportunity to be
heard. Motion was made by McClemans, seconded by Bibby, to approve the request. All
members voted YES; motion carried.
Resolution No. 48-00. Motion was made by Artz, seconded by Bibby, to approve Resolution No.
48-00 authorizing the transfer of funds to the Multiplex Phase II Fund Project. All members voted
YES; motion carried.
RESOLUTTON N0. 48-00
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH
DAKOTA, AUTHORIZING THE TRANSFER OF FIJNDS TO THE MULTIl'LEX PHASE II
FUND PROJECT.
WHEREAS, equipment for the MultiPlex project was planned to be funded from General
Fund account numbers as follows:
101.431.5.940.01 $177,000
101.422.5.940.01 64,000
101.452.5.940.01 83,000
WI-IEREAS,the project and purchases will not be completed by December 31, 2040, and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of$rookings,
South Dakota that a transfer of these funds be made to the MultiPlex Phase II Fund and
expenditures for budgeted equipment be allowed up to the$324,000.
Resolution No. 60-00. Motion was made by Artz, seconded by Weems, to approve Resolution No.
60-00 authorizing final change order(CCO#1 Final)for street improvement project 00-06STI
Schedule A(Chip Seal Project). All members voted YES; motion carried.
RESOLIJTION NO. 60-00
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
STREET IMPROVEMENT PROJECT 00-06STI SCHEDiJLE A(Chip Seal Project)
BE IT RESOLVED by the City Council that the following change order be allowed for
Street Improvement Project 00-06STI Schedule A.
Construction Change Order Number 1 Final
Adjust estimated quantities as "as build" for a total increase of$3,822.64.
Resolution No. 59-00. Motion was made by Weems, seconded by Bibby,to approve Resolution
59-00 authorizing final change order(CCO#1 Final)for Street Improvement Project 00-04STI
(Third Avenue Pavement Marking). All members voted YES; motion carried.
RESOLUTION NO. 59-00
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
STREET IMI'ROVEMENT PROJECT 00-04STI(3`d Avenue Pavement Marking)
BE IT RESOLVED by the City Council that the following change order be allowed for
Street Improvement Project 00-04STI.
Construction Change Order Number 1 Final
Adjust estimated quantities as "as build" for a total decrease of$16,823.88.
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Resolution No. 62-00. Motion was made by Artz, seconded by Weerns, to approve Resolution 62-
00 approving a petition to vacate Rainbow Parkway (street)lying west of Western Avenue. All
members voted YES; motion carried.
RESOLUTION NO. 62-00
WHEREAS, a petition to vacate has been filed with the City Clerk of the City of
Brookings, and
WHEREAS,the petition was filed in proper form and signed by one hundred percent
(100%)of the adjacent property owners.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brookings:
That Rainbow Parkway 5treet lying west of Western Avenue within Blocks 1, 2 and 3 of
Rainbow Addition is vacated.
Approval is contingent upon an agreement between the Municipal Utility Board and
Rainbow Play System Inc.
Resolution No. 58-00. Motion was made by Bibby, seconded by Weems,to approve Resolution
58-00 approving an agreement for professional services for design of trench 3E and construction
quality assurance for trench 3E at the landfill. All members voted YES;motion carried.
RESOLUTION. NO. 58-00
AGREEMENT FOR PROFESSIONAL SERVICES FOR DESIGN OF TRENCH E3 AND
CONSTRUCTION QUALITY ASSURANCE FOR TRENCH 3E AT THE LANDFILL
BE IT RESOLVED By the City of Brookings, South Dakota that the City Council hereby
approves said agreement, which authorizes up to $46,500 in engineering services from Burns
and McDonnell of Kansas City, Missouri.
BE IT FURTHER RESOLVED That the City Manager be authorized to sign the Agreement
on behalf of the City of Brookings.
Resolution No. 63-00. Motion was made by Artz, seconded by Bibby,to approve Resolution No.
63-00 approving the transfer of franchise and Cable Television System of Satellite Cable Services,
Inc. d/b/a Brookings Cablevision to Mediacom Minnesota LLC. All members voted YES, except
Bozied abstained; motion cairied.
RESOLUTION NO. b3-00
RESOLUTION OF THE CITY OF BROOKINGS, SOUTH DAKOTA, APPROVING
THE TRANSFER OF THE FRANCHISE AND CABLE TELEVISIONSYSTEM OF
SATELLITE CABLE SERVICES, INC. d/b/a BROOKINGS CABLEVISION TO MEDIACOM
LLC.
WHEREAS, Satellite Cable Services, Inc. d/b/a Brookings Cablevision("Franchisee")
owns, operates, and maintains a cable television system("System") in the City of Brookings,
South Dakota("Franchise Authority"), pursuant to a cable television franchise("Franchise"),
and Franchisee is the duly authorized holder of the Franchise;
VVHEREAS, on August 2, 2000, Franchisee and Mediacom Minnesota LLC, a Delaware
Limited Liability Company("Transferee"), entered into an Asset Purchase Agreement
("Agreement")pursuant to which the System and Franchise will transfer("Transfer")from
Franchisee to Transferee;
VVHEREAS, Franchisee and Transferee have requested the Franchise Authority's consent
to the Transfer in accordance with the Franchise requirements and have filed an FCC Form 394
with the Franchise Authority; �nd
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WI�EREAS, the Franchise Authority has reviewed the qualifications of the Transferee
and finds it to be a suitable transferee;
NOW THEREFORE BE IT RESOLVED BY TI�FRANCHISE AUTHORITY AS
FOLLOWS:
SECTION 1. The Franchise Authority consents to the Transfer in accordance with the
terms of the Franchise.
SECTION 2. The Franchise Authority confirms that (a)the Franchise was properly
granted or transferred to Franchisee; (b)the Franchise is currently in full force and effect, and
will expire on May 30, 2003, subject to options in the Franchise, if any, to extend such term; (c)
the Franchise supercedes all other agreements between the parties; (d)the Franchise represents
the entire understanding of the parties and the Franchisee has no obligations to the Franchise
Authority other than those specifically stated in the Franchise; and (e)Franchisee is materially in
compliance with the provisions of the Franchise and there exists no fact or circumstance known
to the Franchise Authority which constitutes or which, with the passage of time or the giving of
notice or both, would constitute a material default or breach under the Franchise or would allow
the Franchise Authority to cancel or terminate the rights thereunder.
SECTION 3. Transferee may transfer the Franchise and the System, or control related
thereto to any entity controlling, controlled by, or under common control with Transferee. The
Franchise Authority acknowledges that any such transfer does not trigger any right it may have
to exercise any first purchase right or other right to acquire the system.
SECTION 4. The Franchise Authority consents to and approves the assignment,
mortgage, pledge, hypothecation, or other encumbrance, if any, of the Franchise, the System, or
assets relating thereto, as collateral for a loan.
SECTION 5. The Franchise Authority waives any consent requirements that may be
triggered in the Franchise, local ordinance or state law by the trading stock on a stock exchange
or regularly on the over-the-counter markets, to the extent that there is not an actual change in
the ultimate working control of Transferee.
SECTION 6. This Resolution shall be deemed effective upon the date of enactment.
SECTION 7. The Franchise Authority releases Franchisee, effective upon the Closing
Date of the Agreement, from all obligations and liabilities under the Franchise that accrue on and
after the Closing Date; provided that the Transferee shall be responsible for any obligations and
liabilities under the Franchise that accrue on and after the Closing Date.
SECTION 8. This Resolution shall have the force of a continuing agreement with the
Franchisee and Transferee, and the Franchise Authority shall not amend or otherwise alter this
Resolution without the consent of Franchisee and Transferee.
Resolution No. 61-00. Motion was made by Bibby, seconded by Artz,to approve Resolution 61-
00 authorizing the approval and participation in the Joint Powers Agreement and Declaration of
Trust for the South Dakota Public Funds Investment Trust, authorizing investments through the
fixed rate account of the Trust and authorizing the Trust to designate and name depositories. The
people authorized to make investments was changed from the Manager and Mayor to the
Manager and Accounting Manager, All members voted YES;motion carried.
RESOLUTION NO. 61-00
A RESOLUTION AUTHORIZING THE APPROVAL OF AND PARTICIPATION IN A JOINT
POWERS AGREEMENT AND DECLARATION OF TRUST FOR TI�SOUTH DAKOTA
PUBLIC FUNDS INVESTMENT TRUST, AUTHORIZING 1NVESTMENTS THROUGH THE
FIXED RATE ACCOUNT OF THE TRUST AND AUTHORiZING TI-�TRUST TO
DESIGNATE AND NAME DEPOSITORIES.
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WHEREAS, South Dakota Law Chapters 1-24 permits political subdivisions to make
e�cient use of their powers by enabling them to provide joint services with other Public
Agencies and to cooperate in other ways of rnutual advantage, and to exercise and enjoy
jointly any powers, privileges or authority exercised or capable of being exercised by one
Public Agency of this state for the joint or cooperative action; and
VVf�EREAS, the Participants are political subdivisions being duly organized and existing
under and by virtue of the laws and constitution of the State of South Dakota and have
approved the Joint Powers Agreement and Declaration of Trust and thereby have
established the South Dakota Public Funds Investment Trust as ofNovember l, 1991;
and
WIIEREAS, this Governing Body desires to adopt and enter into the Joint Powers
Agreement and Declaration of Trust, and it is in the best interest of this Governing Body
to participate in the South Dakota Public Funds Investment Trust for the purpose of joint
investment of moneys with other Public Agencies to enhance investment earnings to
each; and
WHEREAS, this Governing Body deems it to be advisable for this Public Agency to
make use, from time to time, of the Fixed Rate Account available to Participants of the
Trust;
NO't�V, THEREFORE, BE IT RESOLVED:
Section 1. The Joint Powers Agreement and Declaration of Trust is approved and
adopted. This Public Agency shall join with the other public agencies in accordance with
the Joint Powers Agreement and Declaration of Trust as amended, (the"Declaration of
Trust")which are on file with the recording officer. The authorized officials of this
Public Agency are directed and authorized tp take such actions and execute any and all
such documents as may be deemed necessary and appropriate to effect the entry�t''this�
Public Agency into the Declaration of Trust and adoption thereof by this Publia'Agenc� �'
and to carry out the intent and purpose of this resolution. �►� i
� � t
Section 2. This Public Agency is hereby authorized to invest its available moneys from
time to time and to withdraw such moneys from time to time in accordance with the
provisions of the Declaration of Trust and the Fixed Rate Account of the Trust.
Payment for any investments made within the Fixed Rate Account is authorized and shall
be made from the Public Agency's specified Trust Account. Interest and principal
payments shall be credited to the Public Agency's designated Trust Account. Such Fixed
Rate Account investments sha2l be held by the Trust Ce�stodian as custodian for the
account of the Public Agency.
The following officers and officials of this Public Agency and their respective successors
in office each aze hereby designated as"Authorized Officials"with full power and
authority to effectuate the investment and withdrawal of moneys with this Public Agency
from time to time in accordance with the Joint Powers Agreement and Declaration of
Trust.
Michael Williams, City Manager
Yuzhen Liu, Accaunting Manager
The Trust shall be advised of any changes in Authorized Officials in accordance with
procedures established by the Trust.
. Section 3. The Trustees of the South Dakota Public Funds Investment Trust are hereby
designated as having official custody of this Public Agency's moneys which are invested
in accordanCe with the Joint Powers Agreement and Declaration of Trust and any moneys
invested in accordance with the Trust's Fixed Rate Account.
Section 4. The Trust is authorized to designate and name depositories,to execute and file
documents, and to take such actions as may be necessary ta purchase and make payment,
sell, secure, or take payment of principal and interest. Certificates of Deposit must be
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purchased only from financial institutions designated by the Trust which are approved
depositories as prescribed by South Dakota Law.
Section 5. Authorization is hereby given for members and officials of this Public Agency
to serve as Trustees of the South Dakota Public Funds Investment Trust from time to time
if selected as such pursuant to the provisions of the Declaration of Trust.
Section 6. Unless otherwise expressly defined herein, words that are capitalized in the
Resolution shall have meanings defined in the 3oint Powers Agreement and Declaration
of Trust.
City Manager's Report.
Williams will be attending the International City Manager Association conference September
15-20, 2000. Chief Dennis Falken has been appointed as Acting City Manager during that time.
City Council package preparation will be done on September 21.
Council Members Open Discussion.
Motion was made by Weems,seconded by McClemans to go into executive session to discuss the
Miller, Seller&Heroux Case and the Mills Case with the City Manager, City Clerk, City Attorney,
and Michael Hauck(via telephone)present. All members voted YES;motion carried.
Motion was made by Bozied,seconded by Bibby,to go out of executive session. All present voted
YES;motion carried.
Motion to adjourn was made by Bozied, seconded by McClemans. Meeting adjourned at 7:15
pm.
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