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Legal Notices

Posted on: January 24, 2018

City Council Minutes: 1/9/2018

Brookings City Council
January 9, 2018

The Brookings City Council held a meeting on Tuesday, January 9, 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, Patty Bacon, and Ope Niemeyer. Council Member Nick Wendell was absent. 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 Kidwiler, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
A. Action to approve the agenda.
B. Action to approve the December 12, 2017 City Council Minutes.
C. Action on the following Planning Commission appointments: Charles D. Siver and Gregg Jorgenson (terms expire 12/31/2022).
D. Action on Resolution 18-004, a Resolution to declare Ballistic Vest as surplus property (Police Dept.).
Resolution 18-004 - Resolution to declare Ballistic Vest
as surplus property (Police Dept.)

Whereas, the City of Brookings purchases Ballistic Vests as a capital expenditure, and half the cost is reimbursed from the Federal Government; and

Whereas, Officer Laurie Smith has resigned her position with the Brookings Police department effective January 7, 2018. She will begin working for the Deuel County Sheriff’s office and has requested to keep her ballistic vest for use in her new position; and

Whereas, Ballistic vests are made to fit the officer they are intended for and are male/female specific. Officer Smith’s vest would most likely not fit anyone else properly and would be best utilized if she were to retain possession.

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.
E. Action on Resolution 18-002, a Resolution directing preparation of the Assessment Roll, dividing Assessments into Installments, and providing for the collection thereof for Alley Assessment Project 2017-05STA, Alley from 1st Street South and 2nd Street South between 5th Avenue South and 6th Avenue South.
Resolution 18-002 - Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and providing for the collection thereof for Alley Assessment Project 2017-05STA, Alley from 1st Street South to 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. More than twenty days have elapsed since the adoption and publication of Resolution of Necessity 16-103 for Alley Assessment Project 2017-05STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager.

2. A contract for Alley Assessment Project 2017-05STA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended.

3. The City Engineer has caused an estimate of the expense of the work to be made and filed in her office showing the total cost of said improvement as follows:
Final contract price: $33,317.05
Engineering, inspection, fiscal,
legal expense, publication $ 1,761.69
Total Expense $35,078.74

4. The total cost of said improvement shall be paid as follows:
Assessable costs $29,361.50
City costs: sidewalk & alley approach $ 3,955.55

5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The costs for the alley shall be assessed against all abutting lots and tracts of land on the basis of front foot upon each lot or tract of land contiguous to the alley constituting said improvement.

6. The assessment for all assessable properties shall be divided into five (5) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment.

7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended.

F. Action on Resolution 18-003, a Resolution directing preparation of the Assessment Roll, dividing Assessments into Installments, and providing for the collection thereof for Sidewalk Assessment Project 2017-01SWR (2017 Sidewalk Repairs).
Resolution 18-003 - Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection thereof for Sidewalk Assessment, Project 2017-01SWR (2017 Sidewalk Repairs)

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

1. More than twenty days have elapsed since the adoption and publication of Resolution 16-045 and Resolution 17-061, Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2017-01SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager.

2. A contract for Sidewalk Assessment Project No. 2017-01SWR has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended.

3. The City Engineer has caused an estimate of the expense of the work to be made and filed in City Hall showing the total cost of said improvement as follows:
Contract price $207,585.91
Engineering, inspection, fiscal,
legal expense, publication $ 2,030.15
Total Expense $209,616.06

4. The total cost of said improvement shall be paid as follows:
City Repair Costs $173,750.11
Assessable costs $ 33,835.80

5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement.

6. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due.

7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended.

8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%).
G. Action to abate the 2016, 2017 and 2018 Drainage Fees and interest for Parcel Number 40490-01400-000-00, otherwise known as railroad right-of-way in the Fourteenth Railroad Addition in the City of Brookings, South Dakota (2016 in the amount of $13.28, 2017 in the amount of $3.63, 2018 in the amount of $3.57, for a total of $20.48).
H. Action on a Preliminary Plat of Lots 24-28, Block 7; Lots 6-32, Block 10; Lots 1-5, Block 11; Lots 1-21, Block 12; Lots 1-12, Block 13; Lots 1-19, Block 14; Lots 1-13, Block 15; Lots 1-29, Block 16; all of Timberline Addition.
I. Action on a Preliminary Plat for Lots 15-21, Block 11 of Bluegill Second Addition.

Brookings Regional Humane Society. Bill Davidson, Brookings Regional Humane Society (BRHS), gave a presentation on the financial status of the organization and submitted the following requests: 1) Financial support for facility and operational costs related to the increasing animals received from the city and county; 2) Engage in developing a long-term partnership plan to create a more sustainable community organization, 3) Acknowledgement of local government to BRHS as a key part of the local community and commitment to this necessary public service. The BRHS sees the next steps as forming a Task Force to develop and review options to accomplish requests and come back to City and County with proposed options by May 2018. The Task Force would be made up based on input from the city and county, with a proposed board comprised of the Mayor or Appointee (as chair), Council Member, Commissioner, BRHS Director, BRHS Board Member (with activity/research support from full board), and Citizen Member (1 to 3).

A motion was by Mayor Corbett, seconded by Council Member Tilton Byrne, to establish a task force to look at a sustainable strategic plan for the Brookings Regional Humane Society and report back to the City Council no later than May 22, 2018. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

On-Off Malt Alcohol License. A public hearing was held on a request for an On-Off Malt Alcohol License for a Brewpub at 126 Main Avenue South, Sean Weber, owner, legal description: Lots 1, 2, and 3, Block 4, Folsom Addition. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne to approve. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Ordinance 17-026. A second public hearing was held on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Public Comment: Josh Westwig and Nick Schmeichel (representing Brian Sander). A motion was made by Council Member Tilton Byrne, seconded by Council Member Kidwiler, that Ordinance 17-026 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Ordinance 17-031. A second reading was held on Ordinance 17-031, an Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and
Maintenance of Best Management Practices in the City of Brookings, South Dakota. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Ordinance 17-031 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Ordinance 17-032. A public hearing was held on Ordinance 17-032, an Ordinance rezoning a portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section 34-T110N-R50W from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District (Timberline Addition). A motion was made by Council Member Hansen, seconded by Council Member Kidwiler,
that Ordinance 17-032 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Ordinance 17-033. A public hearing was held on Ordinance 17-033, an Ordinance rezoning a portion of Bluegill Second Addition; a portion of Bluegill Third Addition; and the SE ¼ NE ¼ excluding W 44’ thereof and excluding N 30’ and excluding the E 300’ thereof and excluding platted areas, all in Section 1-T109N-R50W from an A, Agricultural District to Residence R-1D Single Family District. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 17-033 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Ordinance 17-034. A second reading was held on Ordinance 17-034, an Ordinance Amending the Landscaping Regulations. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Ordinance 17-034 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Resolution 18-001. A public hearing was held on Resolution 18-001, a Resolution authorizing a Real Estate Exchange Agreement between the City of Brookings and John H. Mills and Prairie Hills LLC. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 18-001 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Tilton Byrne; Absent: 1 – Wendell.

Resolution 18-001 - Resolution authorizing Real Estate Exchange Agreement between the City of Brookings and John H. Mills and Prairie Hills LLC

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

Whereas, for the purpose of acquisition of real property for the location of a sanitary sewer lift station and to provide additional land for the recreational trail of the City of Brookings (“City”), the City desires to acquire from John H. Mills and Prairie Hills LLC (“Prairie Hills”), the following described property:

Tract 1.
Lots Fifty-three “A” (53A), Fifty-three “B” (53B) and Fifty-three “C” (53C) of Sioux Village of Indian Hills Addition to the City of Brookings, County of Brookings, State of South Dakota.

Tract 2.
Lot One “B” (1B) of Block 17 of Prairie Hills Addition to the City of Brookings, County of Brookings, State of South Dakota, and

Whereas, the City of Brookings no longer requires the following described property because an electric substation previously located upon this property has been relocated and therefore proposes to exchange the following described property in exchange for the above-described property:

Tract 3.
Lots Fifty (50), Fifty-one (51) and Fifty-one “A” (51A) of Sioux Village in Indian Hills Addition, City of Brookings, County of Brookings, State of South Dakota; and

Whereas, the City of Brookings has determined the exchange of the above-described properties for the purposes set forth above is in the best interests of the City of Brookings;

Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows:

A. That the City of Brookings acquire title to Tracts One (1) and Two (2) of the above-described real property from John H. Mills and Prairie Hills LLC for the purposes of obtaining a location for a sewer lift station and for recreational trail purposes; and

B. That the City of Brookings pay the sum of $7,456.46 and to convey title to Tract Three (3) to an entity designated by John H. Mills in exchange for Tracts One (1) and Two (2); and

C. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute a Real Estate Exchange Agreement and other required documents in accordance with this Resolution.

Swiftel Center Remodeling. A motion was made by Council Member Kidwiler, seconded by Mayor Corbett, that the scope of work and proposed project for remodeling of the County Resource Center for the Swiftel Center, be approved. The motion carried by the following vote: Yes: 4 - Corbett, Niemeyer, Kidwiler, and Bacon; No: 2 - Hansen, and Tilton Byrne; Absent: 1 – Wendell.

National League of Cities Conference & Exposition Report. Council Members presented information on their experience at the National League of Cities Conference & Exposition held November 15-18, 2017 in Charlotte, NC.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to adjourn the meeting at 7:49 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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