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Legal Notices

Posted on: January 10, 2018

City Council Minutes: 12/12/2017

Brookings City Council
December 12, 2017

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

5:00 PM Executive Session
A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to enter into Executive Session for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee with the City Council and City Manager present. The motion carried by a unanimous vote. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, to exit Executive Session Item at 5:47 p.m. The motion carried by a unanimous vote.

Open Forum
Kevin Nelson expressed concern regarding a sign located at the corner of Folsom St. & Main Ave. So. In his opinion, the sign blocks the view for traffic turning onto Main Ave. So.

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 November 28, 2017 City Council Minutes.
C. Action on the following appointments to City Boards, Committees, and Commissions: Bicycle Advisory Committee: reappoint Emily Braun, Eric Rasmussen, and Joanie Holm (terms expire 1/1/2021); Board of Adjustment: appoint Justin Borns (term expires 1/1/2021), appoint Teresa Binkley (term expires 1/1/2019); Board of Appeals: reappoint George Houtman (term expires 1/1/2023); Board of Health: reappoint Paul Irwin, Robert Brotsky, Albert Patin, and Tricia Matson Buus (terms expire 1/1/2021); Brookings Committee for People who have Disabilities: reappoint Lonnie Bayer, Laura Crooks, and Shawn Minor (terms expire 1/1/2020), reappoint Dave Miller, Jessie Kuechenmeister, Nancy Hartenhoff Crooks, and Nadine Gjerde (terms expire 1/1/2021); Brookings Health System Board of Trustees: reappoint Walter Wosje (term expires 1/1/2021); Brookings Historic Preservation Commission: reappoint Carrie Kuhl, Janet Merriman, and Janet Gritzner (terms expire 1/1/2021); Business Improvement District #1 Board: appoint Randy Soma (term expires 1/1/2021); Human Rights Commission: reappoint Lawrence Novotny and Maggie Owens (terms expire 1/1/2021), appoint Erinn Osborne (term expires 1/1/2021), appoint Hanna Larsen Holmquist (term expires 1/1/2020); Library Board: reappoint James Rice (term expires 1/1/2021), appoint
Sarah Meusburger (term expires 1/1/2021); Planning Commission: reappoint Lee Ann Pierce (term expires 12/31/2022); Public Arts Commission: reappoint Trayce Meyer, Linda Purrington, and Darla Biel (terms expire 1/1/2021); Sustainability Council: reappoint Jane Hegland, Mike Lockrem, and Robert McGrath (terms expire 1/1/2021);
Swiftel Center Advisory Board: appoint Nick Schmeichel (term expires 1/1/2021);
Traffic Safety Committee: reappoint Gary Gramm (term expires 12/31/2020), appoint Justin Bucher (term expires 12/31/2020), and appoint Staci Perry as Chamber Rep (term expires 12/31/2020).

Resolution 17-114. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 17-114, a Resolution Authorizing Change Order No. 1 (CCO#1) for 2017-04STI, Traffic Signal Improvement Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South; Bowes
Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-114 - Resolution Authorizing Change Order No. 1 (CCO#1) for 2017-04STI Traffic Signal Improvements Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South, Bowes Construction, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2017-04STI, Traffic Signal Improvements Project, 2nd Street South & Main Avenue
South and 5th Street South & Medary Avenue South:

Construction Change Order Number 1: Adjust plan quantities to current as-constructed quantities and for additional work to provide temporary signal wiring, fast track concrete, driveway work, landscaping work and curb grinding for a total increase of $14,104.61 to the contract.

FIRST READING – Ordinance 17-031. Introduction and first reading was held on Ordinance 17-031, an Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and Maintenance of Best Management Practices in the City of Brookings, South Dakota. Second Reading: January 9, 2018.

FIRST READING – Ordinance 17-032. Introduction and first reading was held on Ordinance 17-032, an Ordinance rezoning a portion of the West 1,029’ of the East 1,515’ of the S ½ of the NW ¼ of Section 34-T110N-R50W from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District (Timberline Addition). Public Hearing: January 9, 2018.

FIRST READING – Ordinance 17-033. Introduction and first reading was held on Ordinance 17-033, an Ordinance rezoning a portion of Bluegill Second Addition; a portion of Bluegill Third Addition; and the SE ¼ of the NE ¼ excluding the West 44’ thereof and excluding the North 30’ and excluding the East 300’ thereof and excluding platted areas, all in Section 1-T109N-R50W from an A, Agricultural District to a Residence R-1D Single Family District. Public Hearing: January 9, 2018.

FIRST READING – Ordinance 17-034. Introduction and first reading was held on Ordinance 17-034, an Ordinance Amending the Landscaping Regulations. Second Reading: January 9, 2018.

Resolution 17-103. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 17-103, a Resolution authorizing the City Manager to enter into an Operating Agreement for a Liquor License for Jesse Davis LLC, dba Craft Fusion, Jesse Davis, owner, 610 Medary Ave., Brookings, SD, legal description: Lots 3, 4, 5 Randi Peterson Addition, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
Resolution 17-103 - Jesse Davis LLC, dba Craft Fusion
On-Sale Liquor Operating Agreement

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Jesse Davis LLC, dba Craft Fusion, Jesse Davis, 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 610 Medary Ave.: legal description: Lots 3, 4, 5 Randi Peterson Addition.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years.

Ordinance 17-025. Second reading was held on Ordinance 17-025, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 17-025 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 17-026. A public hearing was held on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Public Comment: Josh Westwick. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to approve Ordinance 17-026. An Amendment was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to separate hedges from walls and fences, using the same language as stated in A1, to change hedge maximum height to 72” when located between the front lot line and principal building, with a maximum height of 30” if located within the sight triangle. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. An additional public hearing will be held on January 9, 2018.

Ordinance 17-027. Second reading was held on Ordinance 17-027, an Ordinance amending Section 42-102 of the Code of Ordinances of the City of Brookings, SD and pertaining to Transfers to the Brookings Health System Investment Authority. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Ordinance 17-027 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 17-028. Second reading was held on Ordinance 17-028, an Ordinance amending Chapter 2, Article V, Division 4 pertaining to appointments to the Swiftel Center Advisory Board. A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne that Ordinance 17-028 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 17-029. Second reading was held on Ordinance 17-029, an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Brookings and providing Procedures for the Licensing of Residential Contractors in the City of Brookings, SD. Public Comment: George Houtman and Charles Wallowing Bull. A motion was made by Council Member Bacon, seconded by Council Member Kidwiler, that Ordinance 17-029 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 17-030. Second reading was held on Ordinance 17-030, an Ordinance authorizing Supplemental Appropriation #3 to the 2017 Budget. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Ordinance 17-030 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-112. A public hearing was held on Resolution 17-112, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that Resolution 17-112 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-112 - 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 NW1/4, 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 W1/2 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 City Council adopted Resolution 17-067 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 17-067 on July 11, 2017.
5. 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 11/20/17 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 adjustments commensurate with Resolution 17- 067 as adopted by the City Council. Assessments in the sum of $605,014.58 are set forth on the assessment roll, however these assessments will be removed from the assessment roll 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.
6. The assessment shall be divided into ten (10) equal annual installments.
7. 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.
8. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10) years.
9. The revised assessment and collection procedures set forth herein replace the assessment payment procedures for Parcel 40970-10950-021-00 as set forth in Resolution 15-096 dated September 22, 2015.

Resolution 17-113. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 17-113, a Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Residential Contractor’s License), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-113 - A Resolution Amending the Fee Schedule of the City of Brookings,
South Dakota (Residential Contractor’s License)

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

Whereas, license fees have been established by various chapters of the Code of
Ordinances; and

Whereas, the City of Brookings Engineer’s Department fees shall be revised, pursuant to Ordinance No. 17-029, to establish an annual license fee for the Residential Contractor’s License for the City of Brookings, South Dakota.

Therefore, Be It Resolved, that the following permit fee be adopted: City Engineer’s Department Residential Contractor’s License: $75.00 annually.

2018 City Manager Compensation Package.
A motion was made by Mayor Corbett, seconded by Council Member Niemeyer, that the 2018 City Manager Compensation Package (increase of $6,277.09, for a total salary of $163,204.29; to include a $500 mileage fee for any trips outside of Brookings County), be approved. The motion carried by the following vote:

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 7:15 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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