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Legal Notices

Posted on: May 31, 2019

City Council Minutes: 5/14/2019

Brookings City Council
May 14, 2019

The Brookings City Council held a meeting on Tuesday, May 14, 2019 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer. Council Member Dan Hanson was absent. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present.

6:00 PM REGULAR MEETING
Certificate of Election and Oath of Office. Council Members Leah Brink and Holly Tilton Byrne (terms expire 5/1/2022) took their Oath of Office and were presented with Certificates of Election.

Consent Agenda: A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.
3.A. Action to approve the agenda.
3.B. Action to approve the April 23, 2019 City Council Minutes.
3.C. Action on Resolution 19-035, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park.
Resolution 19-035 - A Resolution authorizing the Brookings Summer Arts Festival
Committee to have Exclusive Use of Pioneer Park

Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July
13-14, 2019; and

Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and

Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and

Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises.

Now, Therefore, Be It Hereby Resolved, that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 9 through July 16, 2019.

Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee.

Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival.
3.D. Action on Resolution 19-038, a Resolution declaring surplus property for the City of Brookings.
Resolution 19-038 - Declaring Surplus Property

Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Park & Rec Dept.: 1978 Intersollrand 175 air compressor; Serial #107078-U79-919; Sullair 175 air compressor; Serial #310N989; JCB Backhoe; Serial #14BN2036 / 318075 / 7; 5’ x 8’ homemade Trailer; no serial #; 6 ½’ x 10’ homemade Trailer; no serial #; MTD 8 horse 26” cut Track Snow Blower; Model #314-642F000; Lincoln Ark Welder (portable); Serial #A655957; Model AC-130; Code 6672; Hustler Super 104 Mower; Serial #13051399; 1995 Cushman Truckster; Serial #96007380; Terf Aerway 5’; Serial #AW050H-1B37; 3-point Disc 7’; no serial #; 8’ Metal Brake, Chicago size 8/8; Serial #51977; 1997 F 150 Ford 4x4; VIN #1FTDX18WOVKB68146; 1995 International 4700 Chipper Truck; VIN #1HTSCAAR5SH640408; 1997 E350 Ford Van; VIN #1FBJS31L7VHB06158; 1998 Dodge Ram 4x4 Extended Cab; VIN#3B7HF13Z2WG154067; 1993 Chevy 4x4 1500 Extended Cab; VIN#2GCEK19K5P1166426; 2006 Pontiac Montana Van; VIN #1GMDV33L66D137208; M-B 7’ Hydraulic Broom; Serial #12-3161; 2006 John Deere 510 Mower; Serial #MOF510A150380.

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 is 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.E. Action on Ex-Officio and other Council Member Appointments: Brookings County & City Joint Jurisdictional Committee: Council Member Ope Niemeyer, Council Member Holly Tilton Byrne; Brookings Health System Board of Trustees: Council Member Dan Hansen, Council Member Leah Brink; Brookings Municipal Utilities: Council Member Ope Niemeyer, Council Member Patty Bacon; BEDC Board: Council Member Dan Hansen; BEDC Investment Committee: Council Member Leah Brink, Council Member Ope Niemeyer, Council Member Dan Hansen; East Central Communications Council (E-911): Council Member Patty Bacon; Joint Powers Board: Council Member Nick Wendell, Council Member Leah Brink; Retail Grant Committee: Council Member Dan Hansen.
3.F. Action on Resolution 19-039, a Resolution Establishing the Complete Count Committee for the 2020 Census for the City of Brookings, South Dakota.
Resolution 19-039 - A Resolution Establishing the Complete Count Committee for the
2020 Census for the City of Brookings, South Dakota

Whereas, the United States will conduct a complete census of its population during the
2020 Census; and

Whereas, the City of Brookings has a vested interest in achieving a complete and accurate count of its population during the 2020 Census; and

Whereas, specific interests include increased Federal funds appropriations, accurate local statistical data for retail attraction, and accurate data for community housing needs; and

Whereas, some segments of the population are at risk for undercounting in the census; and

Whereas, the input and support of individuals and organizations actively engaged with groups at risk for undercounting in the City of Brookings is necessary to achieve a complete count; and

Whereas, a Complete Count Committee would bring together individuals from throughout the city committed to achieving a complete census count.

Now, Therefore, Be It Resolved, that the City Council of the Brookings, South Dakota, hereby establishes the Brookings Complete Count Committee to plan and implement strategies for achieving a complete count of Brookings city residents in the year 2020 United States Census, including those residents at-risk for undercounting.

Purpose Statement/Goals:
1) Develop a community-specific 2020 Census awareness campaign.
2) Provide leadership in the promotion of the 2020 Census.
3) Commit to ensuring every resident in our community is counted.

Membership: Due regard given to the following areas of representation: Local Government (Brookings City Council & Brookings County Commission, City and County Planning Departments), State Government (Social Services, Vocational Rehabilitation), Higher Learning (South Dakota State University: Administration, Student Senate, Diversity Office), Brookings School System, Senior Citizens, Business/Industry, Faith-Based Groups (Ministerial Association, Habitat for Humanity), Tribal Government, Citizens at large, and the Media.

Residency: Each member of the Complete Count Committee shall be a resident of the
City of Brookings.

Meetings: The Brookings Complete Count Committee will meet at least monthly from the committee inspection through May 2020 with the staff support of the City Manager’s Office and Community Development Director.

Quorum: A majority of the members of the Committee shall constitute a quorum for the transaction of its business.

Coordination: The Brookings Complete Count Committee will coordinate its activities with representatives from the U.S. Census Bureau’s Regional Office and with Brookings
County Development Officials.

Now, Therefore, Be It Further Resolved that the City of Brooking duly authorizes the creation of a Complete Count Committee for the 2020 Census and the appointment of members with regard to areas of representation listed above.

Now, Therefore, Be It Further Resolved that the Complete Count Committee will be dissolved upon the completion of the 2020 Census count.

1st Quarter CFO Report. Chief Financial Officer, Erick Rangel, presented the 1st Quarter Financial Report to the City Council and members of the public.

Resolution 19-040. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 19-040, a Resolution Authorizing Change Order No. 1 for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project; Timmons Construction, Inc., be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.

Resolution 19-040 - Resolution Authorizing Change Order No. 1 for 2019-04STI, 22nd
Avenue Phase 1 Reconstruction Project; Timmons Construction, Inc.

Be It Resolved by the City Council that the following change order be allowed for 2019-04STI, 22nd Avenue Phase 1 Reconstruction Project: Construction Change Order Number 1: Adjust plan quantities for additional traffic control signage and barricades, replacement of a sanitary sewer manhole and for geotextile fabric for shallow utilities and subgrade stabilization for a total increase of $44,476.10 to the contract.

Ordinance 19-005. A public hearing 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 Comment: Shawn Storhaug, Kevin Grunewald, Kay Patrick, Daniel Bielfeldt, Brett Behrends, Cody Butler, Katie Murray, Kay Becker, Mike McClemans and Justin Fjeldos. A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, to table this item, and to hold a work session on this Ordinance at a future City Council meeting. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.

Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from the Chamber Downtown Committee, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.

Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from the Brookings Regional Humane Society for a temporary alcohol license to operate within the City of Brookings, South Dakota for a Humane Society Fundraiser to be held on June 1, 2019 at 120 W 2nd St. So. A motion was made by Council City of Brookings Member Tilton Byrne, seconded by Council Member Bacon, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.

Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held on June 7, June 20, and June 27, 2019 at Bob Shelden Field, 530 Elm Avenue. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Hansen.

City Council member introduction of topics for future discussion. City Engineer Jackie Lanning provided an update to Council Member Niemeyer’s question from the 4/23/2019 Council Meeting on the Storm Drainage Plan for the Windermere area. Lanning shared a meeting has been scheduled on May 22nd at 5:30 p.m. to discuss Banner Associates’ Drainage Report. A City Council work session will be scheduled in June to discuss this report in further detail. The prioritized drainage project list will be presented to the City Council in June.

Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 7:20 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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