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Legal Notices

Posted on: February 27, 2019

City Council Minutes: 2/12/2019

Brookings City Council
February 12, 2019

The Brookings City Council held a meeting on Tuesday, February 12, 2019 at 6:00 PM, 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 Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present.

6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by Council Member Hansen, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
3.A. Action to approve the agenda.
3.B. Action to approve the January 22, 2019 City Council Minutes.
3.C. Action on a request to abate property taxes from Matthew & Michele Schmidt, 1903 Windermere Way, in the amount of $104.70, legal description: Lot 22, Block 3, Windermere Pointe Addition. Parcel #40677-00300-022-00.
3.D. Action on a request to abate property taxes from Brookings Municipal Utilities in the amount of $49.71, legal description: Lot 2, Block 2, Nelson 5th Addition. Parcel #40412-00200-002-00.
3.E. Action on a request to abate property taxes from the City of Brookings in the amount of $1,302.07, legal description: Lot 9, Block 3 of First Addition, City of Brookings aka: 211 6th Ave. Parcel #40160-00300-009-00.
3.F. Action on a request to abate property taxes from the City of Brookings in the amount of $225.47, legal description: W102’ of Lots 10 & 10A, Block 3, First Addition, City of Brookings aka: 519 Front Street. Parcel #40160-00300-010-05.
3.G. Action on a request to abate property taxes from the City of Brookings in the amount of $969.53, legal description: E73’ of Lots 10 & 10A, Block 3 of First Addition, City of Brookings aka: 205 6th Ave. Parcel #40160-00300-010-00.
3.H. Action on a request to abate property taxes from the City of Brookings in the amount of $30.53, legal description: Lot 53A, 53B, 53C, Sioux Village Indian Hills Addition, City of Brookings. Parcel #40265-02000-053-05.
3.I. Action on a request to abate property taxes from the City of Brookings in the amount of $424.42, located on Lot 1, Block 2, Nelson 5th Addition, City of Brookings. Parcel #40412-00200-001-00.
3.J. Action on a request to abate property taxes from the City of Brookings in the amount of $71.28, legal description: Lot 1, Lift Station Addition, City of Brookings. Parcel #40311-00000-001-00.
3.K. Action on Resolution 19-022, a Resolution authorizing Change Order No. 1
(Final) for 2018-07STI Asphalt Concrete Freight on Board Project; Bowes
Construction, Inc.
Resolution 19-022 - A Resolution Authorizing Change Order No. 1 (Final), for
2019-07STI Freight On Board Project; Bowes Construction Inc.

Be It Resolved by the City Council that the following change order be allowed for
2019-07STI Freight on Board Project: Construction Change Order Number 1 Final
Adjust estimated bid quantities to “as-built” quantities for a total decrease of
($17,463.49) to close out the project.

Open Forum. Nick Schmeichel asked for clarification on recent staff position changes pertaining to titles and open positions, and shared some concerns regarding the Brookings Committee for People who have Disabilities, and the Human Rights Commission.

Resolution 19-020. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, that Resolution 19-020, a Resolution Awarding a Contract on the Design-Build Project for the Larson Ice Center Ice Plant and Ice Floor Replacement, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Kidwiler, Bacon, Tilton Byrne, and Corbett; No: 2 - Hansen, and Wendell.
(Resolution 19-020 was published separately from council minutes on 2/15/2019).

Resolution 19-016. A public hearing was held on Resolution 19-016, a Resolution Levying Assessment for 2018-12SSA, Western Avenue Sanitary Sewer Assessment Project. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 19-016 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 19-016 - Resolution Levying Assessment for Project No. 2018-12SSA
Western Avenue Sanitary Sewer Assessment Project

Whereas, the City Council has provided for the construction work to be completed under
Project No. 2018-12SSA, Western Avenue Sanitary Sewer Assessment Project.

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council 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 sanitary sewer improvement heretofore designated as Sanitary Sewer Assessment Project No. 2018-12SSA is the amount stated in the proposed Assessment Roll.
2. The assessment for Sanitary Sewer Assessment Project No. 2018-12SSA is hereby approved and the assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described.
3. The assessment for all assessable properties shall be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment.
4. Such assessments, unless paid within thirty (30) days after the statement due date, shall be 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.

Resolution 19-017. A public hearing was held on Resolution 19-017, a Resolution of Intent to Lease Real Property at the Brookings Airport Terminal Building to Eric Hartung. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution19-017 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 19-017 - Resolution of Intent to Lease Real Property at the Brookings Airport
Terminal Building to Eric Hartung

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 with Eric Hartung for a period commencing February 12, 2019 and ending December 31, 2019 and pertaining to the following described property:

Approximately 282 square feet in the Brookings Airport Terminal Building located in Section 26, T110N, R50W, in the City of Brookings, Brookings County, South Dakota.

The Lease will be an amount of Two Hundred Thirty Five Dollars per month ($235.00) and one-half the monthly utility costs at the Airport Terminal Building.

Be It Further Noted, that a Public Hearing on this Resolution was held on February 12,
2019, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property.

Resolution 19-018. A public hearing was held on Resolution 19-018, a Resolution of Intent to Lease Real Property at the Brookings Airport to United Development, LLC. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Resolution 19-018 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 19-018 - Resolution of Intent to Lease Real Property
at the Brookings Airport to United Development, LLC

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 with United Development, LLC, for a period commencing February 12, 2019 and ending December 31, 2023 and pertaining to the following described property:

Approximately 9,600 square feet at the Brookings Airport located in Section 27, T110N,
R50W, in the City of Brookings, Brookings County, South Dakota.

The Lease will be an annual amount of one thousand four hundred forty dollars
($1,440.00), which is $0.15 per square foot per year. The lease amount may be adjusted by the Brookings City Council each year and the payment will be payable by the last working day of January of each year. The City of Brookings may terminate this Lease with a notice of 60 days to the lessee.

Be It Further Noted, that a Public Hearing on this Resolution was held on February 12,
2019, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property.

Resolution 19-019. A public hearing was held on Resolution 19-019, a Resolution of Intent to Lease Real Property at the Brookings Airport to Wilde Air Service. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, that
Resolution 19-019 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.

Resolution 19-019 - Resolution of Intent to Lease Real Property
at the Brookings Airport to Wilde Air Service

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 with Wilde Air Service, for a period commencing February 12, 2019 and ending December 31, 2023 and pertaining to the following described property:

Approximately 8,960 square feet at the Brookings Airport located in Section 27, T110N,
R50W, in the City of Brookings, Brookings County, South Dakota.

The Lease will be an annual amount of one thousand three hundred forty four dollars
($1,344.00), which is $0.15 per square foot per year. The lease amount may be adjusted by the Brookings City Council each year and the payment will be payable by the last working day of January of each year. The City of Brookings may terminate this Lease with a notice of 60 days to the lessee.

Be It Further Noted, that a Public Hearing on this Resolution was held on February 12,
2019, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that this meeting be adjourned at 6:44 p.m. The motion carried by a unanimous vote.

CITY OF BROOKINGS


__________________________
Keith W. Corbett, Mayor

ATTEST:


__________________________
Bonnie Foster, Acting City Clerk

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