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Legal Notices

Posted on: August 16, 2019

City Council Minutes: 7/23/2019

Brookings City Council
July 23, 2019

The Brookings City Council held a meeting on Tuesday, July 23, 2019 at 4:00 PM, at City Hall with the following City Council members present:, Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, Dan Hansen, and Ope Niemeyer. Absent: City Council Members Holly Tilton Byrne and Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present.

4:00 PM STUDY SESSION
City Manager Paul Briseno, Chief Financial Officer Erick Rangel, and Assistant to the
City Manager Jake Meshke presented the proposed 2020 City of Brookings Budget to the City Council and the public.

6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Hansen, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Hansen, Brink, and Bacon; Absent: 2 - Wendell, and Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the July 9 and July 16, 2019 City Council Minutes.
3.C. Action on appointments to City Boards, Committees and Commissions: Business Improvement District #1 Board: appoint Laura Schoen Carbonneau (term expires 1/1/2022); Planning Commission: appoint Ashley Biggar (term expires 12/31/2023); Sustainability Council; appoint Anna Barr as the College Student Representative (term expires 5/1/2020); Swiftel Center Advisory Board: appoint Laura Schoen Carbonneau (term expires 1/1/2022).
3.D. Action on Resolution 19-058, a Resolution authorizing the City Manager to
Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-031-2019, Apron & Taxilane Improvements

Resolution 19-058 - A Resolution authorizing the City Manager to Sign Documents for
Brookings Regional Airport Project No. AIP #3-46-0005-031-2019, Apron & Taxilane
Improvements

Whereas, the Brookings City Council desires Federal Aviation Administration and South
Dakota Department of Transportation assistance with the Brookings Regional Airport
Project AIP #3-46-0005-031-2019; and

Whereas, the City of Brookings desires construction of the Apron and Taxilane
Improvements including base course, surfacing, underdrain, milling and pavement markings.

Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Grant Application, Grant Offer, Grant Agreement and other related documents for the Apron and Taxilane Improvements, Brookings Regional Airport Project AIP #3-46-0005-031-2019.
3.E. Action on Resolution 19-060, a Resolution declaring surplus property for the City of Brookings.

Resolution 19-060 - 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. (EdgeBrook Golf Course): Stihl String Trimmer, Rair Rotating Air Cooker, Power Pruner, Public Announcement System, Olathe Sweeper, Echo String Trimmer, Dust Collector
• Brookings Public Library: Reception/Circulation Desk
• Finance Office: Samsung SL30 10.2 Mega Pixels Digital Camera, Serial #A1UMC908425875H

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.

Department Presentation: Community Development. Mike Struck, Community Development Director, presented a Community Development Department update to the City Council and public.

Resolution 19-059. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that Resolution 19-059, a Resolution authorizing Change Order No. 2 for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project;
Timmons Construction, Inc. be approved. The motion carried by the following
vote: Yes: 5 - Corbett, Niemeyer, Hansen, Brink, and Bacon; Absent: 2 - Wendell, and Tilton Byrne.

Resolution 19-059 - Resolution Authorizing Change Order No. 2 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 2: Adjust plan quantities for additional work for construction fence, water and sanitary sewer services and water main fittings for tie-ins for a total increase of $12,817.00 to the contract.

FIRST READING – Ordinance 19-013. Introduction and first reading was held on Ordinance 19-013, an Ordinance to Change the Zoning within the City of Brookings. Public Hearing: August 13, 2019.

FIRST READING – Ordinance 19-012. Introduction and first reading was held on Ordinance 19-012, an Ordinance pertaining to an application for a Conditional Use Permit to establish a two-family dwelling in a Residence R-1B Single-Family District on Lot 2, Block 2, Astleford Addition, also known as 1805 25th Avenue. Public Hearing: August 13, 2019.

FIRST READING – Ordinance 19-014. Introduction and first reading was held on Ordinance 19-014, an Ordinance Amending an Initial Development Plan and Final Development Plan for a Planned Development District within the City of Brookings. Public Hearing: August 13, 2019.

FIRST READING – Ordinance 19-015. Introduction and first reading was held on Ordinance 19-015, an Ordinance Pertaining to Fences, Walls, and Hedges in Section 94-398. Public Hearing: August 13, 2019.

Temporary Alcohol Application – Brookings Baseball Cubs Group. 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 a Brookings Cubs Baseball Game to be held on July 25, 2019 at Bob Shelden Field, 530 Elm Avenue. A motion was made by Council Member Hansen, seconded by Council Member Brink, that the Temporary Alcohol License be approved. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Hansen, Brink, and Bacon; Absent: 2 - Wendell, and Tilton Byrne.

Resolution 19-057. A public hearing was held on Resolution 19-057, a Resolution authorizing the City Manager to enter into an Operating Agreement for a Liquor License for Jack’s Entertainment LLC, dba The Ram & O’Hare’s, Todd Voss, David Jones, Matt
Jones, Robert Winter, and Reed Mahlke, owners, 327 Main Ave., Brookings, SD, legal description: East 121’ of Lot 14, Block 3, Original Plat Addition. A motion was made by Council Member Hansen, seconded by Council Member Brink, that Resolution 19-057 be approved. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Hansen, Brink, and Bacon; Absent: 2 - Wendell, and Tilton Byrne.

Resolution 19-057 - Jack’s Entertainment LLC,
dba The Ram & O’Hare’s, On-Sale Liquor Operating Agreement

Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City
Council hereby approves a Lease Agreement for the Operating Liquor Management
Agreement for Liquor between the City of Brookings and Jack’s Entertainment LLC, dba
The Ram & O’Hare’s, Todd Voss, David Jones, Matt Jones, Robert Winter, and Reed
Mahlke, owners, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 327 Main Ave.: legal description: East 121’ of Lot 14, Block 3, Original Plat Addition.

Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years.

City of Brookings Progress Report. Jake Meshke, Assistant to the City Manager, presented a City of Brookings Progress Report to the City Council and public.

Executive Session. A motion was made by Council Member Hansen, seconded by Council Member Brink, to enter into Executive Session at 6:45 p.m. for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Manager, City Council, City Attorney, City Clerk and City Engineer present; and for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee with the
City Manager, City Council, City Attorney, and Human Resources Director present.
The term "employee" does not include any independent contractor. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Bacon, to exit Executive Session at 8:10 p.m. The motion carried by a unanimous vote.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that this meeting be adjourned at 8:12 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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