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Legal Notices

Posted on: May 15, 2019

City Council Minutes: 4/23/2019

Brookings City Council
April 23, 2019

The Brookings City Council held a meeting on Tuesday, April 23, 2019 at 5:30 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Deputy Mayor Mary Kidwiler, Council Members Patty Bacon, Dan Hansen, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present.

5:30 PM EXECUTIVE SESSION
A motion was made by Council Member Hansen, seconded by Council Member
Tilton Byrne, to enter into Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business be approved, with the City Council, City Manager, City Attorney, Steve Meyer, BMU Exec. Vice-President and General Manager, and Laura Julius, BMU Finance Manager, present. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to exit Executive Session at 5:52 p.m. The motion carried by a unanimous vote.

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: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the March 26, and April 16, 2019 City Council Minutes.
3.C. Action on a request from Daniel J. Carter, 1823 Torrey Pines Drive, to abate property taxes in the amount of $505.00, legal description: Lot 1, Block 8, Moriarty 4th Addition. Parcel #40381-00800-001-00.
3.D. Action on a request from the City of Brookings, dba Brookings Health Systems, 300 22nd Ave. So., to abate property taxes in the amount of $13,365.62, legal description: Outlots, E 221.4’ of OL “B”, Section 30-110-49 and W 39’ of Block 5, Mayland Addition. Parcel #40960-11049-302-10.
3.E. Action on a request from Karen Korkow, 125 Jefferson Ave., to abate property taxes in the amount of $589.80, legal description: So. 70’ of Lot 5, Block 2, Morningside Addition. Parcel #40385-00200-005-05.
3.F. Action on appointments to the Brookings Committee for People who have
Disabilities: appoint Connie Lemke and Destini Crevier (terms expire 1/1/2020).
3.G. Action on appointments to City Boards, Committees and Commissions: Airport Board: reappoint Judy McLaughlin (term expires 1/1/2024); Human Rights Commission: reappoint Wren Murphy as student representative (term expires 5/1/2020); Park & Recreation Board: reappoint Erika Saunders and Brittany Kleinsasser (terms expire 5/1/2022), appoint John Maynes (term expires 5/1/2022); Utility Board: reappoint Seth Hansen (term expires 5/1/2024).
3.H. Action on Resolution 19-036, a Resolution declaring surplus property for the City of Brookings.
Resolution 19-036 - Declaring Surplus Property

Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Information Technology: HP ProBook 4710s Laptop, Serial: CNU9265XSK; HP Compaq dc5100MT PC, Serial: 2UB54206LG; Dell PowerEdge T300 Server, Serial: 9F5SVH1; Lenovo ThinkCentre A57 M9851 PC, Serial: MJ00364; Sonicwall Email Security 300 Firewall, Serial: 0006B133E414; Dell PowerEdge 2850 Server, Serial: 21C3J91; HP Color LaserJet CP1215 Printer, Serial: CNBC8BH0BX. Public Library: One (1) 2007 Gateway E4610D (G61); One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP21); One (1) 2010 HP Compaq 8000 Elite CMT (HP22); One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP14); One (1) 2007 HP Laser Jet 1022n Printer; One (1) 2014 Cannon PIXMA iP6000D Color; One (1) 2010 HP Compaq 8000 Elite CMT Business PC (HP17); One (1) 2015 Apple iMac MF883LL/A (I11); One (1) 19” Planar Monitor – no base; One (1) 17” Dell Monitor –No longer works; One (1) 19” Viewsonic Monitor - no Longer works; One (1) 19” Acer monitor; One (1) 17” NEC Monitor; One (1) 19” Gateway Monitor; One (1) Merlin Vantage CCD Vision Enhancer; One (1) Wood and Metal Computer Table; One (1) Grey adjustable task chair; One (1) Maroon adjustable task chair; One (1) Tall green task chair; Three (3) green task chairs; One (1) Red and orange round children’s seating; One (1) Red and orange children’s seating; Two (2) Yellow and orange children’s seats; One (1) Stuffed alligator; One (1) floor mat (children’s area); One (1)
Red polyester lounge chair; One (1) Green polyester lounge chair; One (1) Metal Bistro Table; Four (4) Metal and blue upholstered bistro chairs; One (1) wood table top; One (1) Wood and metal desk with small shelf; One (1) Wood and metal desk with small shelf; One (1) Wood desk shelf; One (1) Metal and wood desk/worktable attachment; One (1) metal and wood desk; One (1) Cricut Expression 24” personal electronic cutter with cricut design suite and 7 font cartridges; One (1) Precision Brew Brewer Model B-SAP Serial Number: A16727OP; One (1) Mazzer Luigi SRL Grinder; Model: KONY Serial Number: 0805775; One (1) La Marzocco Expresso Machine Model: GS/S Serial number: 0494; One (1) Metal out door book drop; Coffee Shop Cabinets; Solid Waste / Landfill: 1999 GMC Garbage Truck, VIN: 1GDP7H1C4XJ506397. Street Dept.: One (1) 2012 Elgin Pelican Sweeper, Serial # NP-2523-S; One (1) 2005 Polaris Sportsman 400 4x4 ATV, Serial # 4XAMH42A55B676. Swiftel Center: Army Lull, Serial: CP1144-5-550.

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

Whereas, the City Manager hereby authorized to sell 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.I. Action on Resolution 19-031, a Bridge Reinspection Program Resolution
for use with SDDOT Retainer Contracts.
Revised 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.

Therefore, Be It Further Resolved, that the City of Brookings requests SDDOT to hire
Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds.

This resolution will revise Resolution 19-031 which was adopted on March 26, 2019.
3.J. Action on Resolution 19-037, a Resolution Authorizing a State Water Plan
Application and Related Grant/Loan Application (State Avenue Watershed
Improvement Project).
Resolution 19-037 - Resolution Authorizing a State Water Plan Application and Related
Grant/Loan Application (State Avenue Watershed Improvement Project)

Submittal of Plan Application and Grant/Loan Application for infrastructure financing

Whereas, the City of Brookings has determined a need for a drainage improvement project in the State Avenue Watershed; and

Whereas, financial assistance will be necessary to enable the City to construct this project; and

Whereas, the South Dakota Department of Environment and Natural Resources provides grants and low-interest loans to eligible applicants for financing water, wastewater, and storm water infrastructure projects.

Now, Therefore, Be It Resolved that the City of Brookings hereby authorizes the filing of a State Water Plan and grant and/or loan applications with the South Dakota Department of Environment and Natural Resources, including all understandings and assurances contained therein, to fund its Drainage Improvement Project; and

Be It Further Resolved, that the City of Brookings hereby authorizes the City Manager to act as Project Certifying Officer in connection with the applications, grant and/or loan agreements, and other required forms, and to provide such additional information as may be required by the South Dakota Department of Environment and Natural Resources.

BMU Financial Update. Laura Julius, Brookings Municipal Utilities Finance & Account Manager, presented an updated financial report to the City Council and public.

First Reading – Ordinance 19-005. Introduction and First Reading was held on Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings. Public Hearing: May 14, 2019.

Ordinance 19-003. A public hearing was held 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 Comment: Jenny Jasper. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 19-003 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Ordinance 19-004. A second reading was held on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. A motion was made by
Council Member Niemeyer, seconded by Council Member Tilton Byrne, that Ordinance 19-004 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Council Member Introduction of Topics for Future Discussion. Council Member Niemeyer asked for updates on the following: 1) Storm Drainage Plan for Windermere area, 2) Car Charging Station, 3) Policy for developments, 4) What is the policy on sump pump drainage going from house to storm sewer? City Manager Briseno stated the Car Charging Station has been deferred to the Sustainability Council. Jake Meshke, Assistant to the City Manager, has been researching grant opportunities to defray costs. An update on the other items will be given at a future meeting date by Jackie Lanning, City Engineer.

Mayor Corbett presented outgoing Council Member Mary Kidwiler a gift thanking her for her 3 years serving as City Council Member.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Bacon, 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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