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Legal Notices

Posted on: January 15, 2020

City Council Minutes: 12/10/2019

Brookings City Council

December 10, 2019


The Brookings City Council held a meeting on Tuesday, December 10, 2019 at 5:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, Nick Wendell (via phone), Dan Hansen, Holly Tilton Byrne, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.


5:00 PM STUDY SESSION

Bob Shelden Project Presentation.  Tom Ohle, Architect, and Jason Blome, Landscape Architect, with RDG Consultants presented the project plan for the Bob Shelden renovation project to the City Council and members of the public.


Brookings Youth Council discussion.  Council Member Dan Hansen presented the idea of establishing a Brookings Youth Council to the City Council and members of the public. Jaixai Reineke spoke in favor of establishing a Brookings Youth Council.


6:00 PM REGULAR MEETING

Consent Agenda:  A motion was made by Council Member Wendell, seconded by Council Member Bacon, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

3.A. Action to approve the agenda.

3.B. Action to approve the November 26, 2019 City Council Minutes.

3.C. Action on annual Liquor Alcohol License Renewal for 2020: Park Hospitality.

3.D. Action on appointments to City Boards, Committees, and Commissions:

Brookings Committee for People who have Disabilities: Appoint Nadine Gjerde as the SDSU Liaison (term expires 1/1/2023); Park & Rec Board: Appoint Isaac Schulte as the High School Student Representative (term expires 5/1/2020).

3.E. Action on Resolution 19-088, a Resolution declaring surplus property for the City of Brookings.

Resolution 19-088 - Declaring Surplus Property


Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings:


Library

  • Six (6) small round stools
  • Three (3) small round tables
  • One (1) non-gliding glider rocker
  • Fourteen (14) square carpet topped stools
  • One (1) Red, 6-foot wooden sorting bin with 12 compartments
  • Two (2) office desks
  • One (1) 2008 HP Compaq dc7900 Convertible Minitower (HP5) Dead
  • One (1) 2010 HP Compaq 8000 ECM HP24
  • One (1) 2012 HP Compaq 8300 Elite Convertible Minitower (HP29)
  • One (1) 17” Acer Monitor
  • One (1) Canon LiDE 110 scanner
  • Six (6) Metal Shelf Bins
  • Two (2) adjustable desk chairs
  • One (1) Microfilm Scanpro CC200
  • One (1) Gateway E4500D G59
  • One (1) KDS Monitor
  • One (1) 2018 HP Envy 4520 Printer (Dead)
  • One (1) 2010 HP Compaq 8000 ECM (HP 23)
  • One (1) 19” NEC Monitor (Dead)
  • One (1) 19” NEC Monitor
  • One (1) 19” Samsung Monitor
  • One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP20)


Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and


Whereas, the City Manager is hereby authorized to sell or dispose of 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.

3.F. Action on a Preliminary Plat for Lots 1-9, Block 12; Lots 1-5, Block 15; Lots 1-32, Block 16, Timberline Addition.

 

Police Dept. Promotion.  Police Chief Dave Erickson introduced Patrol Sargeant Brian Franklin to the City Council and members of the public. Brian was recently promoted from Patrol Officer to Patrol Sergeant.

 

Open Forum.  Fereidoon (Fred) Delfanian, 532 Summit Pass, expressed concerns regarding the ongoing construction traffic on Summit Pass, and that it has been ongoing for the better part of three years. Mike Struck, Community Development Director, will visit with Fred about his concerns.


SDSU Student Association Report.  Amanda Weller, Chief of Staff for SDSU Students Association, provided an update on SDSU happenings to the City Council and public.


Resolution 19-090.  A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, that Resolution 19-090, a Resolution awarding the contract for the purchase of two (2) 2020 Model Year Police Sport Utility Vehicles, be approved.

The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Resolution 19-090 - Resolution Awarding Bid for Two (2) 2020 Model Year

Police Sport Utility Vehicles


Whereas, the City of Brookings purchases police vehicles to replace the feet of the

Brookings Police Department; and


Whereas, the City of Brookings has approved the replacement and purchase of one

police vehicle for the fiscal year 2020, and the purchase of one police vehicle as an

addition to the fleet for the fiscal year 2020; and


Whereas, the Brookings Police Department has requested the purchase of one marked

police vehicle for the replacement of one marked police vehicle and the purchase of one

additional marked police vehicle; and


Whereas, the City of Brookings opened bids for two (2) 2020 Model Year Police Sport

Utility Vehicles on Tuesday, November 19, 2019 at 1:30 pm at the Brookings City and

County Government Center; and


Whereas, the City of Brookings has received the following bid for two Police Vehicles:

Nelson Auto Center; Fergus Falls, MN $77,866.68; Einspahr Auto; Brookings, SD $78,574.00.


Now, Therefore, Be It Resolved that the low bid of $77,866.68 for two (2) 2020 Ford

Interceptor Utility Vehicles from Nelson Auto Center of Fergus Falls, MN be accepted.

 

Resolution 19-093.  A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, that Resolution 19-093, a Resolution to approve the purchase of a 2020 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (Formerly NJPA) Contract #122017-FSC through Sanitation Products, be approved. Public Comment: Diane Fjerstad. The motion carried by the following vote:

Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Resolution 19-093 - Resolution Approving the Purchase of a

2020 Elgin Pelican Street Sweeper


Whereas, the City Street Department requests action to purchase a 2020 Elgin Pelican

Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract

#122017-FSC through Sanitation Products; and


Whereas, the new sweeper will replace a 2014 Elgin Pelican sweeper. Replacement of

street sweepers occurs on a 6-year basis in order to reduce maintenance costs and

breakdowns; and


Whereas, the 2020 CIP has a budget amount of $195,000. The total price from

Sanitation Products is $206,226.00. The overage of the CIP amount will be compensated with the surplus sale of the 2014 Elgin Pelican sweeper.


Now, Therefore, Be It Resolved that contract from Sanitation Products from Sioux Falls,

South Dakota in the amount of $206,226.00 be accepted.


FIRST READING Ordinance 19-021.  Introduction and First Reading was held on Ordinance 19-021, an Ordinance Authorizing Supplemental Appropriation #5 to the 2019 Budget. Second Reading: January 14, 2020.

 

On-Off Sale Malt License.  A public hearing was held on a request for an On-Off Sale Malt License for Woody’s Axe Throwing LLC, Terry Nelson, owner, 2508 Wilbert Court, Suite C, legal description: Lot 10, Block 1, Wilbert Square Addition. A motion was made

by Council Member Brink, seconded by Council Member Tilton Byrne, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

 

Ordinance 19-020.  A public hearing was held on Ordinance 19-020, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Planned

Development Districts for the purposes of administration of the Zoning Ordinance.

A motion was made by Council Member Niemeyer, seconded by Council Member

Brink, that Ordinance 19-020 be approved. The motion carried by the following

vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Ordinance 19-019.  A second reading was held on Ordinance 19-019, an Ordinance authorizing a Supplemental Appropriation to the 2019 Budget. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Ordinance 19-019 be approved. Public Comment: Diane Fjerstad and Doug Smith. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Tom Richter, Swiftel Center Executive Director, and John Siehl, Vice-President for VenuWorks, presented a 2020 financial plan for the Swiftel Center to the City Council and members of the public. (November 26, 2019 City Council Meeting excerpt: “A motion was made by Council Member Hansen, seconded by Council Member Bacon, that staff present a plan at the December 10th City Council Meeting to mitigate any further loss beyond what is budgeted in 2020 as part of the second reading on Ordinance 19-019. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.”)


Resolution 19-089.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Resolution 19-089, a Resolution adopting the Brookings County Pre-Disaster Mitigation Plan 2019-2024, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Resolution 19-089 - Resolution Adopting the Brookings County

Pre-Disaster Mitigation Plan 2019 - 2024


Whereas, Brookings County received assistance in the preparation of the Brookings

County Pre-Disaster Mitigation Plan 2019-2024 from representatives of the City of

Brookings and received funding from the South Dakota Office of Emergency

Management I FEMA; and


Whereas, several public planning meetings were held between September 2018 and

March of 2019 regarding the development and review of the Brookings County

Pre-Disaster Mitigation Plan 2019-2024; and


Whereas, the Brookings County Pre-Disaster Mitigation Plan 2019-2024 contains

several potential future projects to mitigate hazard damage in the City of Brookings and


Whereas, the Federal Emergency Management Agency (FEMA) has rendered its

approval of the Brookings County Pre-Disaster Mitigation Plan on November 7, 2019;

and


Whereas, a duly-noticed public hearing was held by the Brookings County Pre-Disaster

Mitigation Team on February 27, 2019 to solicit public comment on the Brookings

County Pre-Disaster Mitigation Plan 2019-2024; and


Whereas, a duly-noticed public meeting was held by the Brookings City Council on

December 10, 2019 to formally approve and adopt the final Brookings County

Pre-Disaster Mitigation Plan 2019-2024.


Now, Therefore, Be It Resolved that the Brookings City Council adopts the

Brookings County Pre-Disaster Mitigation Plan 2019-2024.


Resolution 19-091.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that Resolution 19-091, a Resolution authorizing the City

Manager to sign documents for a Federal Emergency Management Agency

Hazard Mitigation Grant Application, be approved. The motion carried by the

following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Resolution 19-091 - A Resolution authorizing the City Manager to Sign Documents for a

Federal Emergency Management Agency Hazard Mitigation Grant Application


Whereas, the Brookings City Council desires to apply for a Hazard Mitigation Grant

project to the Federal Emergency Management Agency and the State of South Dakota;

and


Whereas, the City of Brookings is committed to providing a local match towards the

project costs; and


Whereas, the City of Brookings appoints RESPEC as the Applicant Agent for the

purpose of signing documents and assuring the completion of all application documents.


Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign documents on behalf of the City of Brookings associated with a Hazard Mitigation Grant application and funding award documents.


Resolution 19-092.  A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that Resolution 19-092, a Resolution authorizing the City Manager to sign documents to Relinquish the 14 C.F.R. Part 139 Certificate for the Brookings Regional Airport, be approved. The motion carried by the following vote:

Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Resolution 19-092 - Resolution Authorizing the City Manager to Sign Documents

to Voluntarily Relinquish the 14 C.F.R. Part 139 Certificate

for the Brookings Regional Airport


Whereas, the Brookings Regional Airport currently holds a 14 C.F.R. Part 139 Certificate with the Federal Aviation Administration; and


Whereas, the Brookings Regional Airport has met the requirements of the 14 C.F.R. Part 139 Certificate; and


Whereas, the 14 C.F.R. Part 139 Certificate has been inactive since 2008 when the City

of Brookings no longer had an Essential Air Service carrier.


Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is

authorized to sign documents to voluntarily relinquish the 14 C.F.R. Part 139 Part

Certificate for the Brookings Regional Airport.


Council Introduction of Topics for Future Discussion.  A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, to direct staff to prepare a report outlining SDSU Airport Usage, to include the expenses and revenues associated with SDSU’s use. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.


Adjourn.  A motion was made by Council Member Hansen, seconded by Council Member Bacon, that this meeting be adjourned at 7:28 p.m. The motion carried by a unanimous vote.


                                                                                                CITY OF BROOKINGS

__________________________

ATTEST:                                                                                                                                                                                                                                                                                                                                                                                                                                                        Keith W. Corbett, Mayor

__________________________

Bonnie Foster, City Clerk

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