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Legal Notices

Posted on: September 27, 2017

City Council Minutes: 9/12/2017

Brookings City Council
September 12, 2017

The Brookings City Council held a meeting on Tuesday, September 12, 2017 at 5:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon (via phone), and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.

5:00 PM STUDY SESSION
Jamison Lamp, Chair, and Lynn Verschoor, Vice-Chair, Public Arts Commission, provided an update to the City Council and public. Discussion was held regarding interns for the City Council.

6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to move Items 8C, Public Hearing and Action on Ordinance 17-017, an Ordinance Rezoning Block 3 and 9 in the Wiese Addition from a Planned Development District with an underlying Business B-4 Highway District, also known as 3031 6th Street and 809 32nd Avenue, and Item 8D, Action on an Initial Development Plan for Block 3 and 9 in the Wiese Addition, also known as Brookings Marketplace (3031 6th St., and 809 32nd Ave.), after Item 5F, Progress Update on Brookings Marketplace. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to approve the Consent Agenda as amended. 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 August 8, 2017 and August 22, 2017 City Council Minutes.
C. Action on Resolution 17-086, a Resolution revising certain Fees of the City of Brookings.
Resolution 17-086 - A Resolution Revising Fees of the City of Brookings, South Dakota

Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and

Whereas the license fees have been established by various chapters of the Code of Ordinances, the City Clerk license fees shall be revised; and

Whereas weed removal, grass mowed, and line clearance removal is required under Section 62-90, of the Code of Ordinances, the Parks and Forestry Department service fees shall be revised; and

Whereas street and sidewalk snow removal is required under Section 74-212, Article 5 of Chapter 74, of the Code of Ordinances, the Parks Department service fees shall be revised; and

Whereas the Engineer Department building permit fees required under service fees shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of Ordinances, shall be revised; and

Whereas planning and zoning application fees required under Section 66-3 of Chapter 66, of the Code of Ordinances, the Community Development Department fees shall be revised; and

Whereas the application fees for sign permits required under Chapter 94, of the Code of Ordinances, the Community Development Departments fees shall be revised; and

Whereas the investigation fee for violation of code under Chapter 94, of the Code of Ordinances, the Community Development Department fees shall be revised; and

Whereas the Airport Board is recommending fees, the fees shall be revised; and

Whereas the Code of Ordinances under Section 34, requires inspections and plan reviews by the Fire Department, and reports of fires are provided, the Fire Department Fees shall be revised; and

Whereas the Police Department assign officers and cars to escort the moving of structures within the City and provide accident reports the Police Departments fee shall be revised; and

Whereas the Library Board is recommending fees, the fees shall be revised; and

Whereas the Solid Waste Collections and Landfill fees have been reviewed and included herein; and

Whereas the standardized fee for black and white copies is $.50, and color copies is $1.00 for all departments.

Therefore Be It Resolved that the fees be adopted and become effective January 1, 2018 as follows:


















D. Action on Resolution 17-033, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for Old Market LLC, 424 5th St., legal description: All of lots 15-16-17-18, all in Block 7, Original Plat Addition, to include parking lot.
Resolution 17-033 - Old Market Eatery LLC Liquor Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and Old Market Eatery, LLC, Jesse Lee, owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 424 5th St.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
E. Action on Resolution 17-076, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for GDT Inc., dba Cubby’s Sports Bar & Grill, 307 Main Ave., legal description: Lots 3-4, Block 3, Original Plat Addition.
Resolution 17-076 - GDT, Inc., dba Cubby’s Sports Bar & Grill Liquor Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and GDT, Inc., dba Cubby’s Sports Bar & Grill, Gus Theodosopoulos, owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 307 Main Ave.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
F. Action on Resolution 17-080, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for Prairie Lanes, 722 Western Ave., legal description: Lots 1-2, Block 1, Snyders Addition.
Resolution 17-080 - Prairie Lanes Liquor Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and Prairie Lanes, Leslie & Roxie Nelson, owners, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 722 Western Ave.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
G. Action on Resolution 17-081, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for Skinners Pub, Inc., 300 Main Ave., legal description: Lots 1-2, Block 2, Original Plat Addition.
Resolution 17-081 - Skinner’s Pub Liquor Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and Skinner’s Pub, Inc., Greg & Shari Thornes, owners, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 300 Main Ave.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
H. Action on Resolution 17-078, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for New Sake, Inc., 724 22nd Ave. So., legal description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5 Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition.
Resolution 17-078 - New Sake, Inc. Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Wine Operating Management Agreement between the City of Brookings and New Sake, Inc., En Qin Lin, owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 724 22nd Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
I. Action on Resolution 17-079, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Pheasant Café & Lounge, 726 Main Ave. So., legal description: Lot 2, Block 2, Grossman Heights Addition.
Resolution 17-079 - Pheasant Café & Lounge Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Wine Operating Management Agreement between the City of Brookings and the Pheasant Café & Lounge, Ron & Georgiana Olson, owners, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 726 Main Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
J. Action on Resolution 17-085, a Resolution approving the City of Brookings Public Safety Collective Bargaining Agreement 2018 Wage Reopener with the Teamsters Local Union No. 120.
Resolution 17-085 - Resolution Approving the City of Brookings Public Safety Collective Bargaining Agreement 2018 Wage Reopener with the Teamsters Local Union No. 120

Whereas, bargaining negotiations for a one-year wage reopener between representatives of the Teamsters Local Union No. 120 and the City of Brookings commenced July 17, 2017; and

Whereas, a tentative agreement was reached July 17, 2017; and

Whereas, the wage reopener agreement has been ratified by the employees within the Public Safety Teamsters Local Union No. 120 bargaining unit; and

Now, Therefore, Be It Resolved, that the City of Brookings Mayor and City Council members hereby approves the Public Safety Collective Bargaining Wage Reopener Agreement that has been negotiated between the Teamsters Local Union No. 120 and City of Brookings to include the modifications of a 2.25% wage increase to the pay plan commencing January 1, 2018.
K. Action on Resolution 17-087, a Resolution approving the City of Brookings City General Collective Bargaining Agreement
Resolution 17-087 - Resolution Approving the City of Brookings City General Collective Bargaining Agreement 2018 Wage Reopener with the Teamsters Local Union No. 120

Whereas, bargaining negotiations for a one-year wage reopener between representatives of the Teamsters Local Union No. 120 and the City of Brookings commenced July 17, 2017; and

Whereas, a tentative agreement was reached July 17, 2017; and

Whereas, the wage reopener agreement has been ratified by the employees within the City General Teamsters Local Union No. 120 bargaining unit; and

Now, Therefore, Be It Resolved, that the City of Brookings Mayor and City Council members hereby approves the City General Collective Bargaining Wage Reopener Agreement that has been negotiated between the Teamsters Local Union No. 120 and City of Brookings to include the modifications of a 2.25% wage increase to the pay plan commencing January 1, 2018.

Presentation. Brad Wilson, SDML Work Comp Fund Administrator, presented a plaque to the City of Brookings for 15 years of membership. The SDML Work Comp Fund is celebrating their 30th year Anniversary by presenting plaques to their members.

Airport Manager. City Engineer Jackie Lanning introduced Matthew Sommerfeld as the new Brookings Regional Airport Manager.

Sexauer Park Restroom Project. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to approve proceeding with the request of four unisex bathrooms with showers at Sexauer Park. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to amend the proposal with four unisex bathrooms, two with showers, and two without. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. On the main motion, as amended, the motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Progress Update on Brookings Marketplace. Michael Bender, Bender Midwest Development, Inc., Michael Crane, Bender Midwest Development, Inc., Steve Schwanke, Inland Development Partners, James Drew, Clark Drew Construction, and Jim Bruget, Prospective, Inc., members of the Brookings Marketplace, LLC, development team, provided an overview of the project to date to the City Council and public.

Ordinance 17-017. A public hearing was held on Ordinance 17-017, an Ordinance Rezoning Blocks 3 and 9 in the Wiese Addition from a Planned Development District to a Planned Development District with an underlying Business B-4 Highway District, also known as 3031 6th Street and 809 32nd Avenue. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that Ordinance 17-017 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Initial Development Plan. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that an Initial Development Plan for Blocks 3 and 9 in the Wiese Addition, also known as Brookings Marketplace (3031 6th Street and 809
32nd Avenue), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-088. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 17-088, a Resolution authorizing Change Order No. 1(Final) for 2017-06STI, Chip Seal Project; Topkote, Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-088 - Resolution Authorizing Change Order No. 1 (Final)
for 2017-06STI, Chip Seal Project; Topkote, Inc.

Be It Resolved by the City Council that the following change order be allowed for 2017-06STI, Chip Seal Project: Construction Change Order Number 1 (Final); Adjust plan quantities to as-constructed quantities for a total increase of $22,021.17 to close out the project.

6th Street Lighting Upgrades. A motion was made by Council Member Kidwiler, seconded by Council Member Tilton Byrne, that the 6th Street Lighting Upgrades from Main Avenue to Medary Avenue, be approved. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

FIRST READING – Ordinance 17-020. Introduction and First Reading was held on Ordinance 17-020, an Ordinance authorizing Supplemental Appropriation #2 to the 2017 Budget. Second Reading: September 26, 2017.

FIRST READING – Ordinance 17-021. Introduction and First Reading was held on Ordinance 17-021, an Ordinance amending Division 2 of Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Commission of the City of Brookings. Second Reading: September 26, 2017.

Ordinance 17-018. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve Ordinance 17-018, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2018 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for all Funds.

A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to amend the budget and allocate $30,000 to the Chamber to be used for Downtown Brookings Initiatives. The motion carried by the following vote: Yes: 4 - Hansen, Bacon, Wendell, and Tilton Byrne; No: 3 - Corbett, Niemeyer, and Kidwiler.

A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to amend the budget, transferring $30,000 from the Liquor Store Enterprise Fund for the DBI/Chamber expenditure. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Final action was not taken on the original motion to approve. A motion was made by Council Member Tilton Byrne, to schedule a third reading incorporating amendments at the September 26, 2017 City Council Meeting. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Capital Improvement Plan and Community Reinvestment Plan. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to adopt the Capital Improvement Plan and Community Reinvestment Plan. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 17-019. A motion to deny was made by Council Member Hansen, seconded by Council Member Wendell, on Ordinance 17-019, an Ordinance rezoning Lot 100, Block 1, Skinner's Third Addition from an Industrial I-1 Light District to a Residence R-1D Single-Family District (807 2nd Street So.). The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Ordinance failed.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 8:09 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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