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Legal Notices

Posted on: March 14, 2018

City Council Minutes: 2/27/2018

Brookings City Council
February 27, 2018

The Brookings City Council held a meeting on Tuesday, February 27, 2018 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
Chris Lilla, Brookings County Director of Equalization, provided a review of the
Board of Equalization Process. Todd Langland, Director of Solid Waste Management, and Bob McGrath, Sustainability Council Vice-Chair, provided information to the council on Volume Based Collection Service.

5:45 p.m. Council Member Kidwiler left the meeting.

6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
A. Action to approve the agenda.
B. Action to approve the February 13, 2018 City Council Minutes.
C. Action to appointment to the Traffic Safety Committee: Lewayne Erickson (term expires 12/31/2018).
D. Action on a request to abate property taxes from Roger and Teresa Doyle Maxwell, 521 12th St. So., #79 Normandy Village, in the amount of $55.93, legal description: Block 2, Fairfields Addition.
E. Action on Resolution 18-009, a Resolution designating Election Superintendents and Judges for the April 10, 2018 Combined Municipal / School Board Election.
Resolution 18-009 - Appointment of Election Judges

Whereas, a City of Brookings Municipal Election will be held on April 10, 2018 for the positions of one Mayor, two 3-year City Council members, one 1-year City Council member, and two School Board members; and

Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and

Whereas, the following superintendents and deputies are hereby appointed at a rate of
$12.50 per hour for Superintendents, $12.00 per hour for Judges, and a flat fee of $25.00 for the April 9, 2018 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken Ahartz as Alternate; VOTE CENTER 1 – Brookings Activity Center:
Norma Linn, Superintendent, Kris Cooper, Carol Dusharm, Delores Canaday, and
LaVonne Kurtz; VOTE CENTER 2 – Bethel Baptist Church: Sue Knutzen, Superintendent, Sharon Anderegg, Marilyn Foerster, Robert Bell, and Linda Thaden; VOTE CENTER 3 – Faith Reformed Church: Bobbe Bartley, Superintendent, Ellen
Herrboldt, Betty Vaughn, Linda Schamp, and Debra Archer; VOTE CENTER 4 – Aurora
Little Hall: Ruth Anderson, Superintendent, Gloria Pike, and Ron Thaden;
ABSENTEE VOTE CENTER – Larry Hult, Superintendent, Ken Ahartz, and Bev Carlson; ALTERNATES – Janet Seeley, Kathy Waddell, and Sue Sackman; ELECTION NIGHT WORKER – Greg Witchey.
F. Action on Resolution 18-018, a Resolution authorizing the City Manager to
Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-030-2018, Reconstruction of the General Aviation Apron and Hangar Taxilane Project.
Resolution 18-018 - Resolution Authorizing the City Manager
to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-030-2018 Reconstruction of the General Aviation Apron and Hangar Taxilane Project

Whereas, the Brookings City Council desires South Dakota Department of
Transportation and FAA assistance with the Brookings Regional Airport Project
#3-46-0005-030-2018; and

Whereas, the City of Brookings desires professional services with Helms and Associates Corporation for the design of the Reconstruction of the General Aviation Apron and Hangar Taxilane Project.

Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Agreement for Professional Services and other related documents for AIP #3-46-0005-030-2018.

Resolution 18-014. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 18-014, a Resolution Awarding Bids on 2018-07STI, Freight on Board Asphalt Material, be approved. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-014 - Resolution Awarding Bids on
Project 2018-07STI Freight On Board Asphalt Material

Whereas, the City of Brookings opened bids for Project 2018-07STI Freight On Board
Asphalt Material on Tuesday, February 20, 2018 at 1:30 pm at the Brookings City and
County Government Center; and

Whereas, the City of Brookings has received the following bid for Project 2018-07STI:
Bowes Construction Inc. $79,260.00.

Now Therefore, Be It Resolved that the low bid of $79,260.00 with Bowes Construction
Inc. be accepted.

Resolution 18-015. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 18-015, a Resolution Awarding Bids on 2018-06STI, Chip Seal Project, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-015 - Resolution Awarding Bids
on Project 2018-06STI Chip Seal Project

Whereas, the City of Brookings opened bids for Project 2018-06STI Chip Seal Project on Tuesday, February 20, 2018 at 1:30 pm at the Brookings City and County Government Center; and

Whereas, the City of Brookings has received the following bids for Project 2018-06STI
Chip Seal Project: Topkote, Inc. - $259,114.80; The Road Guy Construction Co., Inc. -
$262,500.00 and Bituminous Paving, Inc. - $315,630.00.

Now Therefore, Be It Resolved that the low bid of $259,114.80 for Topkote, Inc. be
accepted.

Resolution 18-017. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 18-017, a Resolution authorizing the City Manager to Sign Wetland Functional Capacity Unit Credits Purchase Contract with North Central Mitigation, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-017 - Resolution Authorizing the City Manager to sign
Wetlands Functional Capacity Unit Credits Purchase Contract
with North Central Mitigation

Whereas, the City of Brookings is desirous in obtaining a Section 404 Permit for the 15th Street South and 7th Avenue South project, application number NOW-2014-1941-PIE;
and

Whereas, the U.S. Army Corps of Engineers, Omaha District, will require compensatory off-site wetland mitigation as part of the project; and

Whereas, the Corps has authorized North Central Mitigation to complete the Mitigation
Requirement; and

Whereas, the North Central Mitigation agrees to sell 14.38 Functional Credit Unit Credits for the purchase price of $179,750 for the City of Brookings project.

Now, Therefore, Be It Resolved that the City Council of the City of Brookings authorizes the City Manager to sign the Wetland Functional Capacity Unit Credits Purchase Contract with North Central Mitigation.

FIRST READING - Ordinance 18-003. Introduction and First Reading was held on Ordinance 18-003, an Ordinance authorizing Supplemental Appropriation #1 to the 2018 Budget. Second Reading: March 13, 2018.

Resolution 18-019. A public hearing was held on Resolution 18-019, a Resolution Levying Assessment for Project No. 2017-01SWR, 2017 Sidewalk Repair Sites. A motion was made by Council Member Hansen, seconded by Council Member Wendell that Resolution 18-019 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-019 - A Resolution Levying Assessment
for Project No. 2017-01SWR, 2017 Sidewalk Repair Sites

Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2017-01SWR, 2017 Sidewalk Repair Sites.

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution 16-045 and Resolution 17-061, which deems the work necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project No. 2017-01SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2017-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described.
3. 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 9-43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.

Resolution 18-020. A public hearing was held on Resolution 18-020, a Resolution Levying Assessment for Alley Assessment Project 2017-05STA, Alley from 1st Street South and 2nd Street South between 5th Avenue South and 6th Avenue South. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that Resolution 18-020 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-020 - Resolution Levying Assessment for Alley Assessment
Project 2017-05STA, Alley from 1st Street South and 2nd Street South between 5th Avenue South and 6th Avenue South

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council adopted Resolution of Necessity 16-103 and has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the alley improvement heretofore designated as Alley Assessment Project No. 2017-05STA is the amount stated in the proposed assessment roll.
2. The assessment for Alley Assessment Project No. 2017-05STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described.
3. The assessment shall be divided into five (5) equal annual installments for alleys.
4. 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 9-43-51, South Dakota Compiled Laws of 1967, as amended.
5. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment.

Ordinance 18-001. A public hearing was held on Ordinance 18-001, an Ordinance pertaining to a Conditional Use Permit to establish a mixed business/residential use for an Ambulance Service in a Business B-2A Office District on the E 150’ of the W 454.32’ of Lot 1, Excluding the S 164.3’, Block 4, Maylands First Addition (along Yorkshire Drive). A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Ordinance 18-001 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Ordinance 18-002. A public hearing was held on Ordinance 18-002, an Ordinance rezoning Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third Addition; and a portion of the NW ¼ of Section 2-T109N-R50W excluding all outlots and other platted
areas thereof and excluding the S 640’ of the N 1,062’ of the E 246’ in the NW ¼ of Section 2-T109N-R50W from a Residence R-1C Single-Family, Residence R-3 Apartment, and Business B-2 District to a Residence R-1D Single-Family, Residence R-2 Two-Family, and Residence R-3 Apartment District (Fox Run Addition). A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Ordinance 18-002 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-012. A public hearing was held on Resolution 18-012, a Resolution of Intent to Lease to Northern Plains Power Technologies the following described property in the Research and Technology Center, 807 32nd Ave., Brookings, SD. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 18-012 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.

Resolution 18-012 - Resolution of Intent to Lease Real Property
to Northern Plains Power Technologies

Be It Resolved by the governing body of the City of Brookings, South Dakota that the
City of Brookings intends to enter into a lease agreement with Northern Plains Power
Technologies on a month-to-month basis for a period not to exceed December 31, 2019 at a lease rate of $10.00 per square foot annually and pertaining to the following
described property: Research & Technology Center – 807 32nd Avenue, Unit 2.

Be It Further Noted, that a Public Hearing on this Resolution was held on February 27,
2018 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the Intent to Lease Real Property.

22nd Avenue Corridor Study Presentation. Rich Uckert, Banners Associates, Rick Laughlin, HDR, and Lance McQueen, HDR, presented the 22nd Avenue Corridor Study between Highway 14 Bypass and 20th Street South to the City Council and public. Public Comment: Bob Johnson, Larry Holly, Jeff Vangerpen, McKinley Lang, Mike Lockrem, and Dean Kattelman. No action was taken.

City Council Member introduction of topics for future discussion. Council Member Bacon requested City staff review and report back on the barriers faced when conducting rental inspections with respect to health and safety, and what it will take to overcome those barriers.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 7:12 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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