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Legal Notices

Posted on: May 23, 2018

City Council Minutes: 05/08/2018

Brookings City Council
May 8, 2018

The Brookings City Council held a meeting on Tuesday, May 8, 2018 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, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.

Certificate of Election and Oath of Office. Mayor Keith Corbett (term expires 5/1/2021), and Council Members Nick Wendell and Patty Bacon (terms expire 5/1/2021), and Council Member Holly Tilton Byrne (term expires 5/1/2019) took their Oath of Office and were presented with Certificates of Election.

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.
4.B. Action to approve the April 24, 2018 City Council Minutes.
4.C. Action on Resolution 18-040, a Resolution to remove uncollectible Accounts Receivable from Records.
Resolution 18-040 - Uncollectible Accounts Receivable
Removed From Records

Whereas, the Brookings Regional Landfill experienced a total of $11,660.11 in ncollectible accounts receivable in 2017 as an uncollectable amount from Allen Construction; and

Whereas, efforts to collect and recover the full amount from the customer was unsuccessful;

Now, Therefore, Be It Resolved the amount of $11,660.11 in the Landfill accounts receivable be determined as uncollectible and removed from the records.
4.D. Action on Ex-Officio and other Council Member Appointments: Brookings County & City Joint Jurisdictional Committee: Ope Niemeyer and Mary Kidwiler; Brookings Health Systems Board of Trustees: Dan Hansen and Mary Kidwiler; Brookings Municipal Utilities: Ope Niemeyer and Holly Tilton Byrne; Brookings Economic Development Corporation Board: Dan Hansen; Brookings Economic Development Corporation Investment Committee: Mary Kidwiler, Ope Niemeyer, and Dan Hansen; East Central Communications Council (E-911): Patty Bacon; Joint Powers Board: Nick Wendell and Mary Kidwiler; Retail Grant Committee: Nick Wendell.
4.E. Action on Resolution 18-036, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for The Children’s Museum of South Dakota, 521 4th Street, legal description: Lot 101, Block 1 to include adjacent N 1/2 vacated 4th Street, First Addition.

Resolution 18-036 - The Children’s Museum of South Dakota, 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 Children’s Museum of South Dakota, Kate Treiber, Executive Director, 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 521 4th 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.
4.F. Action on Resolution 18-037, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Krave, Marty Syrstad, owner, 1040 22nd Ave. So., legal description: Track E of Lot 3, Southbrook Addition.

Resolution 18-037 - Krave, 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 Krave, Inc., Marty Syrstad, 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 1040 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.
4.G. Action on Resolution 18-041, a Resolution declaring surplus property:
1999 GMC Suburban (Engineering Department).
Resolution 18-041 - Resolution Declaring Surplus Property – 1999 GMC Suburban
(Engineering Department)

Whereas, the City of Brookings is the owner of a 1999 GMC Suburban K1500; and

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 is 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.

Ordinance 18-008. A second reading was held on Ordinance 18-008, an Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. A motion was made by Council Member Tilton Byrne, seconded by Council Member Kidwiler, that Ordinance 18-008 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Ordinance 18-006. A public hearing was held on Ordinance 18-006, an Ordinance rezoning the S 105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2 Two-Family District to Business B-2A Office District. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Ordinance 18-006 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Ordinance 18-007. A public hearing was held on Ordinance 18-007, an Ordinance rezoning Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 18-007 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the Preliminary Plat for Lots 1-10, Block 1, Bluegill Third Addition be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

On-Off Malt License. A public hearing was held on a request for an On-Off Sale Malt License for Jokers Casino, Randy Clifford, owner, 517 6th St., legal description: W 50’ of Lot 16 and W 50’ of the S ½ of Lot 15, Block 4, Petersons Second Addition. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 6 - Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett; No: 1 – Niemeyer.

On-Off Sale Malt License. A public hearing was held on the transfer of an On-Off-Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St.,
Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Tilton Byrne, and Corbett; No: 1 – Bacon.

Resolution 18-030. A public hearing was held on Resolution 18-030, a Resolution authorizing the transfer of an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the On-Off Sale Wine License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Tilton Byrne, and Corbett; No: 1 – Bacon.

Resolution 18-030 - Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105A) – Wine 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 Wine between the City of Brookings and Bryant Soberg and Kirby Muilenburg, owners, Commonwealth Gaming & Holdings Co., dba Deuces Casino, 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 223 6th Street, Suite 105A.

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, with a renewal for another five (5) years.

On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., legal description: E 120’ of Lots 13-14, Block 14, Second Addition. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Tilton Byrne, and Corbett; No: 1 – Bacon.

Resolution 18-029. A public hearing was held on Resolution 18-029, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Commonwealth Gaming & Holdings, Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Suite 105B, Brookings, South Dakota, legal description: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the On-Off Sale Wine License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Tilton Byrne, and Corbett; No: 1 – Bacon.

Resolution 18-029 - Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105B) – Wine 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 Wine between the City of Brookings and Bryant Soberg and Kirby Muilenburg, owners, Commonwealth Gaming & Holdings Co., dba Deuces Casino, 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 223 6th Street, Suite 105B.

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, with a renewal for another five (5) years.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 6:29 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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