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Legal Notices

Posted on: July 26, 2017

City Council Minutes: 7/11/2017

Brookings City Council
July 11, 2017

The Brookings City Council held a meeting on Tuesday, July 11, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Ope Niemeyer, Patty Bacon, and Nick Wendell. Assistant to the City Manager Kevin Catlin, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.

Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
A. Action to approve the agenda.
B. Action to approve the June 27, 2017 City Council Minutes.

Resolution 17-069. A motion was made by Council Member Tilton Byrne, seconded by Council Member Kidwiler, that Resolution 17-069, a Resolution Awarding Bid for Recycling Contract, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-069 - Resolution Awarding Bid for Recycling Contract

Whereas, the City of Brookings opened bids for the processing and marketing of
recyclable material on Tuesday, June 27, 2017 at 1:30 p.m. at Brookings Government
Center; and

Whereas the City of Brookings has received the following per ton bid for the recycling
material from Cooks Wastepaper and Recycling, Inc. for $55.00 per ton.

Now, Therefore, Be It Resolved that the bid from Cooks Wastepaper and Recycling, Inc.
for $55.00 per ton be accepted.

Ordinance 17-015. A Public Hearing was held on Ordinance 17-015, an Ordinance rezoning the North 1350’ excluding the East 1128.5’ and the platted lots and outlots thereof and excluding the North 451’ of the East 339’ of the West 651’ of the NE ¼ of Section 1-T109N-R50W, from an A, Agricultural District to a Residence R-1D Single Family District, Residence R-2 Two-Family District and a Residence R-3 Apartment
District (Arbor Hill Addition). A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Ordinance 17-015 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-067. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 17-067, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South
Reassessment, be approved. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Hansen, Kidwiler, and Wendell; No: 2 - Bacon, and Tilton Byrne.

Resolution 17-067 - Levying Assessment for 2017 Assessment of the 2014-02STA Main
Avenue South & 26th Street South Reassessment

Whereas, the City Council has provided for the work completed under Project No.
2014-02STA Main Avenue South & 26th Street South Project.

Now Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:

1. The City Council adopted Resolution of Necessity No. 05-14 and has made all investigation which it deemed necessary and has found and determined that the amount which each lot or tract is benefited by the construction of the street improvement heretofore designated as Street Assessment Project 2014-02STA Main Avenue South & 26th Street South Project in the amount is the amount stated in the proposed assessment roll.

2. The City Council adopted Resolution 15-096 Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project and the requirements have not been met for parcel number 40970-10950-022-00 located in the N1550’ of the NW ¼, Exc platted areas & Exc. the S640’ of the N1062’ of E246’ & Exc. S20’ of N422’ of E223’ & Exc. the W40’ of E223’ of S165’ of N402’, Section 2-T109N-R50W and parcel number 40970-10950-022-15 located in the W ½ of the NW ¼ Exc. N1550’ & Exc. Platted areas, Section 2-T109N-R50W, as referenced on the 2014-02STA Assessment Roll approved by Resolution 15-096 on September 22, 2015. The assessment is therefore being amended and reassessed, and collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended.

3. The City Council adopted Resolution 17-034 to levy the assessment for the 2017
Assessment of the 2014-02STA Main Avenue & 26th Street South Reassessment as
referenced on the 2014-02STA Assessment Roll approved by Resolution 17-034 on
March 28, 2017.

4. The 2014-02STA Main Avenue South & 26th Street South Assessment and
Reassessment thereof have been revised as shown on the Assessment Roll filed with
the City Clerk’s Office on 6/12/2017 and are hereby approved and the assessments set
forth in the assessment roll are hereby levied against each and every lot, piece or parcel
of land as described in the proposed assessment roll. The assessment roll has been
modified to reflect prior payments and the assessment of Parcel Number 120000-10950-02330. Assessments in the sum of $245,515.76 are set forth on the assessment roll, however these assessments will be removed from the assessment roll at the time of
closing of the proposed settlement with Oakwood Equity Group LLC if there is no valid
objection or other action preventing the reassessment and levy of the 2017 Assessment
of the 2014-02STA Main Avenue South & 26th Street South Reassessment as set forth
herein.

5. The assessment shall be divided into ten (10) equal annual installments.

6. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to SDCL 9-43-102, South Dakota Compiled Laws of 1967, as amended.

7. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the
assessment for a maximum of ten (10) years.

8. The revised assessment and collection procedures set forth herein replace the
assessment payment procedures for Parcels 40970-10950-022-00 and 40970-10950-022-15 as set forth in that certain Memorandum of Understanding dated May 5, 2014, filed May 7, 2014 at 1:05 p.m. and recorded in Book 184 of Misc., at page 778 in the office of the Brookings County Register of Deeds. The Mayor and City Clerk are authorized to Release the above-described Memorandum of Understanding provided there is no valid objection or other action preventing the levy of this assessment as set forth herein.

Resolution 17-070. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 17-070, a Resolution authorizing Building Permits after declared emergency, be approved. Guest: Linda Purrington with the Brookings School District. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-070 - A Resolution Authorizing Building Permits
After Declared Emergency

Whereas, the City of Brookings is desirous in assisting the Brookings School District in
the event of a declared emergency; and

Whereas, the City of Brookings will allow temporary structures to be erected for
classroom use after an emergency is declared; and

Whereas, the City of Brookings will assist with determining the locations of temporary
structures for safety and access.

Now Therefore, Be It Resolved that building permit fee be waived for temporary structures for the Brookings School District after a declared emergency.

City Council Member introduction of future topics.
A motion was made by Council Member Hansen, seconded by Council Member Wendell, requesting review on July 25, 2017, of the total debt load for Tax Increment Finance District (TIF) #7, including what was approved tonight and a projection of additional costs, which should include the cost of building 20th Street South; and the assessment roll, both current and deferred assessments, with private and public differentiated out, and the current zoning of the parcel. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Adjourn. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, to adjourn the meeting at 7:01 p.m. The motion carried by a unanimous vote.

CITY OF BROOKINGS


Keith W. Corbett, Mayor
ATTEST:


Shari Thornes, City Clerk

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