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Legal Notices

Posted on: June 13, 2018

City Council Minutes: 05/22/2018

Brookings City Council
May 22, 2018

The Brookings City Council held a meeting on Tuesday, May 22, 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.

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: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the May 8 and May 14, 2018 City Council Minutes.
3.C. Action on Annual Malt Beverage Alcohol License Renewals: On-Off Sale Malt (retail): Aramark/McCrory Gardens Visitors Center, 16th St. & 22nd Ave.; Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.; Carpy’s Pub, 700 22nd Ave. So.; Casino 2000, 622 25th Ave.; The Children’s Museum of South Dakota, 521 4th St.; The Clothes Line Lounge, 727 Wilson Ave.; Cubby’s Sports Bar & Grill, 307 Main Ave.; Danny’s, 703 Main Ave. So.; The Depot, 919 20th St. So.; Deuces Casino, 615 Main Ave., Suite 105A; EdgeBrook Golf Course, 1415 22nd Ave. So.; Eponymous Brewing Co., 126 Main Ave. So.; Flavor International Restaurant & Grocery, 501 Main Ave.; Gas ‘N Mor, 600 6th St.; George’s Pizza & Steakhouse, 311 Main Ave.; Guadalajara, Village Square Mall #1; Hy-Vee Food Store, 790 22nd Ave. S.; KRAVE, Inc., 1040 22nd Ave. S.; Main Street Pub, 408 Main Ave.; Mama Mia, 1300 Main Ave. So.; New Sake, Inc., 724 22nd Ave. So.; Old Sanctuary, 928 4th St.; 1000 Degrees Pizza, 770 22nd Ave. So.; Pizza Hut #2769, 418 6th St.; PNP Pub, 318 2nd St. So.; Ray’s Corner, 401 Main Ave.; Schoon’s PNP Pub South, 1203 Main Ave. So.; Skinner’s Pub, 300 Main Ave.; South Main Diner, 615 Main Ave. S.; Swiftel Center, 824 32nd Ave.; and Wooden Legs Brewing Co., 309 5th St., Suite 100.

Open Forum. Don Boone, 2004 Olwien St., requested a variance on a code enforcement issue.

2017 Annual Financial Report. Chris Lindner, CPA, CGMA, Partner BKD, LLP presented the 2017 Financial Audit and the City of Brookings Comprehensive Annual Financial Report.

Bob Shelden Athletic Complex Renovation. Lyle Pudwill, Confluence, provided an informational presentation to the City Council pertaining to the RFP for park site planning and pre-engineering services for the renovation of Bob Shelden Athletic Complex.

Resolution 18-039. A motion was made by Council Member Tilton Byrne, seconded by Council Member Kidwiler, that Resolution 18-039, a Resolution awarding bids on 2018-01SWR, Concrete Maintenance Project REBID, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 18-039 - Resolution Awarding Bids on Project 2018-01SWR,
Concrete Maintenance Project Rebid

Whereas, the City of Brookings opened bids for Project 2018-01SWR, Concrete Maintenance Project Rebid on Tuesday, May 15, 2018 at 1:30 pm at the Brookings City
& County Government Center; and

Whereas, the City of Brookings has received the following bids for the 2018-01SWR Concrete Maintenance Project Rebid: Timmons Construction Inc: $451,942.75 and Clark Drew Construction Inc: $555,192.40.

Now Therefore, Be It Resolved that the low bid of $451,942.75 for Timmons Construction Inc. be accepted.

FIRST READING - Ordinance 18-009. Introduction and first reading was held on Ordinance 18-009, an Ordinance rezoning the West 199’ of the East 451’, excluding the South 33’ of Lot 1, Block 1, Christie Springs Addition from Residence R-1D Single-Family to Residence R-3 Apartment District (Fox Run Addition). Public Hearing: June 12, 2018.

FIRST READING – Ordinance 18-010. Introduction and first reading was held on Ordinance 18-010, an Ordinance rezoning the South 245’ of the West 246’ of the East 495’ of the SE ¼ of the SW ¼ Section 3-T109N-R50W within the Joint Jurisdiction Area (1002 West 32nd Street South). Public Hearing: June 12, 2018.

Resolution 18-038. A public hearing was held on Resolution 18-038, a Resolution of Intent to Lease Real Property. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 18-038 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 18-038 - Resolution of Intent to Lease Real Property
to RTI, Inc.

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 RTI, Inc., on a month-to-month basis terminating on or before December 31, 2020 and pertaining to the following described property: Research & Technology Center – 801 32nd Avenue, Suite 100.

The Lease will be an amount of $10.00 per square foot for 10,434 square feet of office/lab space and $4.00 per square foot for 2,134 square feet of garage/cold storage space.

Be It Further Noted, that a Public Hearing on this Resolution was held on May 22, 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.

On-Off Malt Beverage Licenses. A public hearing was held on the following new On-Off Sale Malt Beverage Alcohol Licenses: The Blizzard, Inc., 924 32nd Ave.; BP of Brookings, Inc., 2420 6th St.; Casey’s General Store #1694, 620 8th St. So.; Casey’s General Store #2198, 122 West 6th St.; Casey’s General Store #2419, 534 22nd Ave. So.; CHS (dba Zip Trip #63), 1005 6th St.; CHS (dba Zip Trip #64), 3045 LeFevre Dr.; El Tapatio, Inc., 1717 6th St.; Hy-Vee Gas, 716 22nd Ave. So.; Jim’s Tap, 309 Main
Ave.; Newman’s Kerr McGee, 503 6th St.; Pints & Quarts, 313 Main Ave.; Schoon’s
Pump-n-Pak, 202 S. Main Ave.; Sully’s Irish Pub, 421 Main Ave.; and Wal-Mart
Supercenter #1538, 2233 6th St. A motion was made by Council Member Bacon, seconded by Council Member Wendell, to approve. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 18-042. A public hearing was held on Resolution 18-042, a Resolution Determining the Necessity of Proposed Sanitary Sewer Assessment Project, 2018-12SSA, located on Western Avenue between Martin Boulevard and 20th Street South. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 18-042 be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 18-042 - Sanitary Sewer Assessment Project 2018-12SSA,
Western Avenue between Martin Boulevard and 20th Street South

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:

The City Council of the City of Brookings hereby declares the necessity of construction of a sanitary sewer public improvement of the City as follows: Sanitary sewer main, sanitary sewer services, manhole, and gravel restoration on Western Avenue South, from approximately 240 feet north of Martin Boulevard to approximately 530 feet north of Martin Boulevard.

1. The general nature of the improvements is set forth above and reference for details is hereby made to the drawings and specifications to be prepared by the City Engineer and on file with the City Clerk.

2. The materials to be used for the project are: The sanitary sewer shall be 8-inch diameter PVC pipe, manholes shall be concrete and sanitary sewer services shall be 4-inch diameter PVC pipe.

3. The sanitary sewer improvements are substantially uniform. The estimated cost of the sanitary sewer main, services, manhole and street restoration is approximately $31,329 for the project.

Therefore, the proposed estimated assessment on a special benefits received basis is $10,443 per property owner.

4. A description of classes of lots to be assessed is as follows: Three assessable lots and tracks located on the east side of Western Avenue, between 240 feet north of Martin Boulevard and 20th Street South.

5. The method of apportionment of benefits is as follows:

The cost thereof to be assessed equally against three assessable lots and tracts of land within the sanitary sewer service area according to the special benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessed amount includes engineering and administration costs.

The assessment shall be divided into ten (ten) equal annual installments and the interest shall be ten (10) percent per annum on the unpaid balance of the assessment costs for a maximum period of ten (10) years, with interest and penalties applicable to any unpaid or delinquent installments.

The above-described improvement shall be hereinafter referred to as Sanitary Sewer Assessment Project No. 2018-12SSA, which shall be deemed a description of the improvement of the streets as hereinabove set forth.

Council Member introduction of topics for future discussion. Council Member Bacon had previously asked for a report on existing ordinances and codes for rental properties and barriers to improvement regarding health inspections and other rental issues. She asked this be scheduled at either a study session or regular meeting.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 7:24 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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