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Legal Notices

Posted on: November 29, 2017

City Council Minutes: 10/24/2017

Brookings City Council
October 24, 2017

The Brookings City Council held a meeting on Tuesday, October 24, 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, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster were also present.

5:00 PM Study Session.
Council Member Bacon, Brookings Affordable Housing Task Force Chair, presented the Affordable Housing Task Report to the City Council and public.

(Council Member Hansen arrived at 5:35 p.m.)

6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, 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 October 10, 2017 City Council Minutes.
C. Action on Resolution 17-083, a Resolution authorizing the City Manager to
sign a Liquor Operating Agreement 5-year renewal for Park Hospitality, Inc., Lance Park, owner, 2500 6th Street, legal description: Lot X-1 and all of Lot 1, excluding west 20' thereof; Lot F excluding north 60', and all Lot G of Lot 2, all in Block 1, Holibrook Addition.
Resolution 17-083 - Park Hospitality, Inc. 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 Park Hospitality, Inc., Lance Park, 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 2500 6th Street.

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.
D. Action on Resolution 17-093, a Resolution declaring Parks & Forestry
equipment as surplus property.
Resolution 17-093 - Declaring Parks & Forestry Equipment as Surplus Property

Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Parks, Recreation & Forestry Department: One (1) 1992 Ford F700 Truck with Hoist, VIN # 1FDPF70J2NVA18486, One (1) 1973 Chevrolet 1 Ton 4x4 Flat Bed, VIN # CKY233J172446, One (1) 1988 GMC 3 Ton Truck with Hoist, VIN # 1GDL7D1B7JV505002, One (1) 1967 Homemade Low Bed Trailer, Serial # 247553, and One (1) Early 1990’s Ditch Witch Walk Behind Trencher.

Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and

Whereas, the City Manager hereby authorized to sell said surplus property.

Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13.
3.E. Action on Resolution 17-095, a Resolution authorizing Change Order No. 1
(Final) For Brookings Runway 17/35 Improvements, AIP #3-46-0005-029-2017; Midland Contracting, Inc.
Resolution 17-095 - A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
Brookings Runway 17/35 Improvements, AIP #3-46-0005-029-2017; Midland Contracting, Inc.

Be It Resolved by the City Council that the following change order be allowed for
Brookings Runway 17/35 Improvements, AIP #3-46-0005-029-2017, Construction Change Order Number 1 (Final): Adjust bid quantities for rip rap work, raising taxiway lights, and hauling excess millings for a total decrease of $40,158.65 and extend the contract final completion date by 15 working days for the additional work to close out the project.
3.F. Action on Resolution 17-094, a Resolution authorizing the placement of 4-Way Stop Signs at the Intersection of 22nd Avenue South and 32nd Street South.
Resolution 17-094 - A Resolution authorizing the placement of 4-Way Stop Signs
at the Intersection of 22nd Avenue South and 32nd Street South

Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along
through streets; and

Whereas, representatives from the City of Brookings and from Brookings County have agreed that placement of 4-way stop signs at the intersection of 22nd Avenue South and 32nd Street South would benefit the general welfare and safety of the citizens of
Brookings.

Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and approves the placement of 4-way stop signs at the intersection of 22nd Avenue South and 32nd Street South.
3.G. Action on Resolution 17-100, a Resolution of the City of Brookings, South
Dakota, calling for a Public Hearing in connection with a Proposal for the issuance of its Economic Development Revenue Bonds (South Dakota State University Foundation Project), Series 2017, in an original Aggregate Principal Amount not to exceed $9,700,000 for the purpose of providing Funds to be loaned to South Dakota State University Foundation, a South Dakota Nonprofit Corporation, for the purpose of Financing Improvements to the Campus of South Dakota State University.
Resolution 17-100 - A Resolution of the City of Brookings, South Dakota, calling for a
Public Hearing in connection with a Proposal for the issuance of its Economic
Development Revenue Bonds (South Dakota State University Foundation Project),
Series 2017, in an original Aggregate Principal Amount not to exceed $9,700,000 for the purpose of providing Funds to be loaned to South Dakota State University Foundation, a South Dakota Nonprofit Corporation, for the purpose of Financing Improvements to the Campus of South Dakota State University

Whereas, the City of Brookings, South Dakota (the “City”) is authorized by South Dakota Codified Laws, Chapter 9-54, as amended (the “Act”), to promote the general economic welfare by the provision of necessary economic development facilities;

Whereas, at the request of South Dakota State University Foundation, a South Dakota nonprofit corporation (the “Corporation”), the City is willing to consider the proposed issuance of economic development revenue bonds in a principal amount not to exceed
$9,700,000 (the “Bonds”), pursuant to the Act in order to finance projects on behalf of
South Dakota State University Foundation, a South Dakota nonprofit corporation (the
“Corporation”), which supports the educational mission of South Dakota State University
(the “University”) in Brookings, South Dakota;

Whereas, if the Bonds are issued, the Corporation proposes to apply the proceeds of the Bonds to finance a project (the “Series 2017 Project”) which would consist generally of the following:
I. A major expansion and remodeling of the South Dakota State University Performing Arts Center, including construction, equipping and furnishing of such facility; and
II. The construction, equipping and furnishing of a practice gym facility adjacent to the Stanley Marshall HPER academic and athletic facility;

Whereas, the 2017 Project facilities will be owned, managed, and operated by South
Dakota State University;

Whereas, the 2017 Project will be located on the campus of South Dakota State
University (which is the owner of the land), the street address of which is Administration
Ln, Brookings, South Dakota, and on certain adjacent land, all of which is generally described as bounded on the North by SD Bypass 14, on the East by 22nd Avenue, on the South by 8th Street, and on the West by Medary Avenue, all within the City of
Brookings, South Dakota;

Whereas, the Internal Revenue code of 1986, as amended, requires that, as a condition to the Bonds being issued as tax exempt bonds, a public hearing is required with advance public notice provided to the public in substantially the form of the attached
Exhibit A;

Now, Therefore, Be It Ordained by the City of Brookings South Dakota, that:
A public hearing shall be set concerning the issuance of the Bonds and the Series 2017
Project, such hearing to occur on November 28, 2017 at 6:00 p.m. at the Brookings City
& County Government Center, Room 310 (Chambers), Brookings, South Dakota. The
City Clerk is hereby instructed to publish a notice of public hearing in substantially the form of the attached Exhibit A in The Brookings Register, a newspaper of general circulation in the City of Brookings at least 14 days prior to the date of the public hearing.

Resolution 17-096. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 17-096, a Resolution awarding Bids on 2017-11STI, Airport Taxilane Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-096 - Resolution Awarding Bids on
Project 2017-11STI Airport Taxilane Project

Whereas, the City of Brookings opened bids for the 2017-11STI Airport Taxilane Project
on Tuesday, October 17, 2017 at 1:30 pm at the Brookings City & County Government
Center; and

Whereas, the City of Brookings has received the following bid for the 2017-11STI Airport Taxilane Project: Bowes Construction, Inc.: Base Bid - $33,585.38, Alternate 1 -
$22,774.00, Total Base Bid Alternate - $56,359.38.

Now Therefore, Be It Resolved that the low Base Bid of $33,585.38 and Alternate 1 of
$22,774.00 for the total amount of $56,359.38 from Bowes Construction, Inc. be
accepted.

FIRST READING - Ordinance 17-024. Introduction and first reading was held on Ordinance 17-024, an Ordinance rezoning Lot 1A of Lot 1, Block 1, except the North 41 feet thereof, Mayland’s First Addition, also known as 520 22nd Avenue, from a Business B-4 Highway District to a Business B-2 District. Public Hearing: November 28, 2017.

Resolution 17-091. A public hearing was held on Resolution 17-091, a Resolution approving a Special Assessment for uncollected Weed Removal fees. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 17-091 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-091 - Levy Assessment for Weed Removal

Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as hereinafter set out for Weed
Removal fees.

Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-12 as follows: Brad
Winker, 909 1st Ave., weed eating fee in the amount of $645.00.

Introduction of Topics for Future Discussion. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to task staff and the Affordable Housing Task Force, to figure out how to implement funding for programs suggested in their Report. 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 Hansen, seconded by Council Member Niemeyer, to adjourn the meeting at 6:15 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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