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Legal Notices

Posted on: September 25, 2019

City Council Minutes: 9/10/2019

Brookings City Council
September 10, 2019

The Brookings City Council held a meeting on Tuesday, September 10, 2019 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, 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.

6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the August 27, 2019 City Council Minutes.
3.C. Action on appointment to the Brookings Library Board: appoint Michael Linehan (term expires 1/1/2021).
3.D. Action on Resolution 19-068, a Resolution authorizing Change Order No. 1 (Final) for 2018-10STI, LeFevre Drive Street Project; Timmons Construction.
Resolution 19-068 - Resolution Authorizing Change Order No. 1 (Final)
for 2018-10STI LeFevre Drive Street Project; Timmons Construction

Be It Resolved by the City Council that the following change order be allowed for
2018-10STI, LeFevre Drive Street Project: Construction Change Order Number 1: Adjust the contract for the addition of woven geotextile fabric and to adjust plan quantities to as-constructed quantities for a total decrease of $19,505.76 to close out the project.
3.E. Action on Resolution 19-070, a Resolution authorizing Change Order No. 1 (Final) for 2018-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc.
Resolution 19-070 - Resolution Authorizing Change Order No. 1, Final,
for 2018-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2018-08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total decrease of $47,654.00 to close out the project.
3.F. Action on Resolution 19-071, a Resolution authorizing Change Order No. 1 (Final) for 2018-01SWR Concrete Maintenance Project; Timmons Construction.
Resolution 19-071 - Resolution Authorizing Change Order No. 1, Final,
for 2018-01SWR, Concrete Maintenance Project; Timmons Construction, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2018-01SWR, Concrete Maintenance Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total decrease of $63,792.77 to close out the project.
3.G. Action on Resolution 19-074, a Resolution authorizing Change Order No. 1 for the 2019-01SWR, Concrete Maintenance Project; Clark Drew Construction.
Resolution 19-074 - Resolution Authorizing Change Order No. 1
for 2019-01SWR, Concrete Maintenance Project, Clark Drew Construction, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2019-01SWR, Concrete Maintenance Project: Construction Change Order Number 1: Adjust Schedule B plan quantities for additional 4” and 6” PVC conduit and for filling a void with rock for a total increase of $3,422.00 to the contract.
3.H. Action on Resolution 19-073, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for the B&L Sullivan, Inc., dba Sully’s Irish Pub, 421 Main Ave., Brennan and Lori Sullivan, owners, legal description: Lot 11, Block 6, Original Plat Addition.
Resolution 19-073 - B&L Sullivan, Inc., dba Sully’s Irish Pub
Liquor Operating Agreement Renewal

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and B&L Sullivan, Inc., dba Sully’s Irish Pub, Brennan and Lori Sullivan. 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 421 Main Ave.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
3.I. Action on appointments to the 2020 Census Complete Count Committee for the City of Brookings: Brian Lueders - Brookings School District, Heidi Gullickson - United Way, Kristi Larsen - BEDC (business & industry representative), Cynthia Boesch - citizen at-large, Cami Powers - Brookings Radio (media), Robert Hill - Brookings County Development Director/County Census liaison, Benda Berseth - citizen at-large
SDSU Student Association - Emily Toms, LeeAnn Pierce - Brookings County Commissioner , Keith Corbett - Brookings City Council, Mike Lockrem - South Dakota State University (Higher Education), David Wiltse - South Dakota State University (Higher Education), and Cara Beers - State Government (social services).

Open Forum. Doug Smith addressed concerns to the City Council and members of the public regarding the City Clerk hiring process.

Update on Trees. Dusty Rodiek, Parks & Recreation Dept. Director, provided an update on the condition of pine and spruce trees within the City of Brookings to the City Council and members of the public.

Resolution 19-069. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that Resolution 19-069, a Resolution authorizing Change Order No. 1(Final) for 2019-06STI, Chip Seal Project; Topkote, Inc., be approved. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Resolution 19-069 - Resolution Authorizing Change Order No. 1 (Final) for 2019-06STI,
Chip Seal Project; Topkote, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2019-06STI, Chip Seal Project: Construction Change Order Number 1 (Final). Adjust plan quantities to as-constructed quantities for a total increase of $12,944.89 to close out the project.

City General Employee Contract. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that the City General Employee Contract be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Police Department Union Contract. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that the Police Department Union Contract be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

FIRST READING – Ordinance 19-018. Introduction and first reading was held on Ordinance 19-018, an Ordinance authorizing Supplemental Appropriation #3 to the 2019 Budget. Second Reading: September 24, 2019.

Ordinance 19-011. A public hearing was held on Ordinance 19-011, an Ordinance pertaining to a Conditional Use Permit to establish a woodworking shop on Lots 3 & 4, Block 3, Pleasant Hill Addition (1010 2nd Street). A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 19-011 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Ordinance 19-016. A second reading was held on Ordinance 19-016, an Ordinance amending Chapter 78 of the Code of Ordinances of the City of Brookings, and pertaining to Use of Revenue. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Ordinance 19-016 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Second Reading - Ordinance 19-017. A motion was made by Council Member Bacon, seconded by Council Member Wendell, to approve Ordinance 19-017, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2020 Fiscal Year and providing the Annual Tax Levy and Annual Tax for All Funds. Public Comment: Allyson Monson, SDSU Students Assoc. President, Corey Berscheit, SDSU Students Assoc. Vice-President, Cole McDougall, SDSU Hobo Day Committee. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that at the end of the year, should 3B revenue exceed budgeted dollars, City Council will review opportunities to further fund the SDSU Visitors Promotion Fund in February 2020. Third Reading: September 24, 2019.

City Council Member introduction of topics for future discussion. Council Member Tilton Byrne requested an update on her request to the Sustainability Council pertaining to the use of plastic bags and single-use plastics. Jake Meshke, Assistant to the City Manager, stated the Sustainability Council is currently finishing their report and will present to the City Council in October.

Executive Session. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, to enter into Executive Session at 6:40 pm, pursuant to SDCL 1-25-2, 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 Council, City Manager, and City Attorney present. The motion carried by a unanimous vote. A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, to exit Executive Session at 8:50 p.m. The motion carried by a unanimous vote.

Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that this meeting be adjourned at 8:52 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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