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Legal Notices

Posted on: April 24, 2019

City Council Minutes: 3/26/2019

Brookings City Council
March 26, 2019

The Brookings City Council held a meeting on Tuesday, March 26, 2019 at 6:00 PM, at City Hall with the following City Council members present: Deputy Mayor Mary Kidwiler, Council Members Dan Hansen, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer. Mayor Keith Corbett and Council Member Patty Bacon were absent. 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 Hansen, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by the following vote: Yes: 4 - Niemeyer, Hansen, Kidwiler, and Tilton Byrne; Absent: 3 - Bacon, Wendell, and Corbett.
3.A. Action to approve the agenda.
3.B. Action to approve the March 7, and March 12, 2019 City Council Minutes.
3.C. Action on a Preliminary Plat for Lots 17 & 18, Block 11, McClemans
Addition.
3.D. Action on Resolution 19-032, a Resolution Declaring Jurisdictional Change
of 34th Avenue (473rd Avenue), 210th Street and 8th Street South.
Resolution 19-032 - A Resolution declaring Jurisdictional change of
34th Avenue (473rd Avenue), 210th Street and 8th Street South

Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:

Whereas, 34th Avenue, otherwise known as 473rd Avenue, from Highway 14 Bypass to
210th Street and 210th Street from 34th Avenue to the east approximately 0.970 miles and 8th Street South from Main Avenue South to the West City Limits are currently listed on the Primary Brookings County Highway System and are within the Brookings City Limits; and

Whereas, the purpose of this resolution is to accept these streets under jurisdictional control by the City of Brookings. Jurisdictional control will allow the City to plan, finance and construct the street improvements necessary to improve transportation, drainage and safety to accommodate current and future growth; and

Whereas, SDCL §31-17-16 sets forth the procedure for assignment of responsibility for secondary highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a municipality to construct, maintain and repair roads within its jurisdiction, and

Whereas, the County of Brookings, having removed the above-described highway from the County Highway System.

Now, Therefore, the City of Brookings hereby accepts responsibility for the highways described in this Resolution pursuant to applicable law, thereby including the above-described highways within its jurisdiction.
3.E. Action on Resolution 19-031, Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts.
Resolution 19-031 - Bridge Reinspection Program Resolution for use with SDDOT
Retainer Contracts
Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C,
Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years.

Therefore, the City of Brookings is desirous of participating in the Bridge Inspection
Program using Bridge Replacement Funds.
3.F. Action on Resolution 19-029, a Resolution authorizing the City Manager to
Sign an Agreement between the State of South Dakota Department of
Transportation and the City of Brookings pertaining to Disbursement of
Airport Funds.
Resolution 19-029 - A Resolution Authorizing the City Manager to Sign an Agency
Agreement between the State of South Dakota Department of Transportation and the
City of Brookings Pertaining to Disbursement of Airport Funds

Whereas, the Brookings City Council wishes to develop its municipal airport and seeks federal funding; and

Whereas, the State of South Dakota has statutory authority to assist in the development of aviation facilities within the State and will act as an agent for the receipt and disbursement of all funds for proposed aviation projects; and

Whereas, the City of Brookings agrees to develop and manage the Brookings Airport in accordance with grant agreements, amendments, rules and regulations of the Federal
Aviation Administration (FAA) and any supplemental guidance or grant assurances and other stipulations stated in the Agency Agreement.

Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Agency Agreement between the State of South Dakota
Department of Transportation and the City of Brookings.

Proclamation. Sarah Lippert, Brookings Volunteer Connections Coordinator, accepted a Proclamation declaring National Volunteer Week April 7-13, 2019.

Council Member Wendell arrived at 6:04 pm


Resolution 19-027. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 19-027, a Resolution Awarding Bids on 2019-11STI, Airport Sanitary Sewer Project, be approved. The motion carried by the
following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett.

Resolution 19-027 - Resolution Awarding Bids on
2019-11 Airport Sanitary Sewer Project

Whereas, the City of Brookings opened bids for the 2019-11 Airport Sanitary Sewer
Project on Tuesday, March 19, 2019 at 1:30 pm at the Brookings City and County
Government Center; and

Whereas, the City of Brookings has received the following bids for the 2019-11 Airport
Sanitary Sewer Project: Meyer Services Inc. - $114,034.00; Prunty Construction Inc. -
$123,998.00, DeBoer Construction Co. Inc. - $138,454.00, Winter Brothers Underground Inc. - $143,950.00 and Prunty Contracting, Inc. - $161,301.00.

Now Therefore, Be It Resolved that the low bid from Meyer Services Inc. for $114,034.00 be accepted.

Resolution 19-030. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Resolution 19-030, a Resolution Awarding Bids on
2019-15BLD Library Carpet Project, be approved. The motion carried by the
following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett.

Resolution 19-030 - Resolution Awarding Bids on
2019-15BLD Library Carpet Project

Whereas, the City of Brookings opened bids for the 2019-15BLD Library Carpet Project on Tuesday, March 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 the 2019-15BLD Library Carpet Project: Barrett’s Flooring & Decorating Center - Base Bid - $103,726.79, Bid Alternate 1 - $19,347.24, total bid - $123,074.03.

Now Therefore, Be It Resolved that the total low bid from Barrett’s Flooring & Decorating Center for $123,074.03 be accepted.

First Reading – Ordinance 19-003. Introduction and First Reading on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Public Hearing: April 23, 2019.

First Reading – Ordinance 19-004. Introduction and First Reading on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Second Reading: April 23, 2019.

Resolution 19-033. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 19-033, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett.

Resolution 19-033 - Resolution Authorizing the City of Brookings to Amend the
Brookings Marketplace Development Agreement

Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:

Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016, and

Whereas, the parties now desire to again modify Sections 4 and 7 of said Development
Agreement to extend the time of performance of due diligence activities by the Developer until July 1, 2019.

Now, Therefore, Be It Resolved as follows:
1. That Amendment to the Development Agreement by and between the City of
Brookings and Brookings Marketplace, LLC as described herein is hereby approved, and
2. The Mayor, City Manager and Acting City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that this meeting be adjourned at 6:13 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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