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Legal Notices

Posted on: October 23, 2019

City Council Minutes: 10/8/2019

Brookings City Council
October 8, 2019

The Brookings City Council held a meeting on Tuesday, October 8, 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 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 Hansen, 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 September 24, 2019 City Council Minutes.
3.C. Action on Resolution 19-072, a Resolution authorizing the City Manager to
sign a Liquor Operating Agreement 5-year renewal for Jim’s Tap, 309 Main Ave., Don Urquhart & Mary VandeCrommert, owners, legal description: Lot 5, Block 3, Original Plat Addition.
Resolution 19-072 - Jim’s Tap 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 Jim’s Tap, Don Urquhart & Mary VandeCrommert, 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 309 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.D. Action on Resolution 19-083, a Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sidewalk Assessment Project No. 2018-01SWR (2018 Sidewalk Repair Sites).
Resolution 19-083 - Resolution Fixing Time and Place for Hearing Upon Assessment
Roll for Sidewalk Assessment Project No. 2018-01SWR, (2018 Sidewalk Repair Sites)

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:

1. The assessment roll for Sidewalk Assessment Project No. 2018-01SWR having
been filed in the office of the City Clerk on the 2nd day of October, 2019, and the City
Council shall meet in the Chambers at the City & County Government Center, 520 3rd
Street, Brookings, SD on Tuesday, the 22nd day of October, 2019, at 6:00 o'clock PM,
the said date being not less than twenty (20) days from the filing of said assessment roll.

2. The City Engineer is authorized and directed to prepare a notice describing, in
general terms Sidewalk Assessment Project No. 2018-01SWR, the date of filing the
assessment roll, the time and place of hearing thereon, stating that the assessment roll
will be open for public inspection at the office of the City Engineer and referring to the
assessment roll for further particulars.

3. The City Clerk is authorized and directed to publish said notice in the official
newspaper at least one week prior to the date set for hearing and to mail a copy thereof,
by first class mail addressed to the owner or owners of any property to be assessed at
his, her or their last mailing address as shown by the records of the Director of
Equalization not less than ten nor more than twenty days prior to the hearing.
3.E. Action on Resolution 19-084, a Resolution declaring surplus property for
the City of Brookings.
Resolution 19-084 - Declaring Surplus Property

Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings: Police Dept. 2018 Ford Taurus Police
Interceptor, AWD, w/ V6 Ecoboost motor. VIN# 1FAHP2MT0JG112360.

Whereas, this vehicle was damaged in a heavy rain/flooding event when an officer was
responding to an alarm call. The vehicle was inspected by the City’s insurance adjuster
and deemed a total loss due to the water damage it experienced to both the engine and
the interior of the vehicle; and

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

Whereas, the City Manager is hereby authorized to sell or dispose of 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.

Resolution 19-082. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Resolution 19-082, a Resolution Awarding Bids on 2019-20, Contractor Snow Removal Contacts, be approved. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 19-082 - Resolution Awarding Snow Removal Equipment Contracts

Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday,
September 24, 2019 at 1:30 pm at Brookings City & County Government Center; and

Whereas, the City of Brookings has received the following bids for Snow Removal
Equipment: Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two (2) 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K, 3.50 cubic yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards, $215.00/hr., Bowes Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes Construction, CAT, 3.00 cubic yards, $165.00/hr.
Four (4) Loaders with Reversible Blades: One bid received. Bowes Construction, 950
CAT, $205.00/hr. Ten (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14, 23.00 cubic yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $135.00/hr.; Prussman Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $135.00/hr. Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34 cubic yards, $150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.; Bowes Construction, #9, 17 cubic yards, $140.00/hr.; Bowes Construction, #18, 17 cubic
yards, $140.00/hr.

Now Therefore, Be It Resolved the following bids be accepted:
Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two (2) 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K, 3.50 cubic yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards, $215.00/hr., Bowes Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes Construction, CAT, 3.00 cubic yards, $165.00/hr. Four (4) Loaders withTen (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14, 23.00 cubic yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #19,
22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards,
$135.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $135.00/hr.; Prussman
Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $135.00/hr. Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34 cubic yards, $150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.; Bowes Construction, #9, 17 cubic yards, $140.00/hr.; Bowes Construction, #18, 17 cubic yards, $140.00/hr.

Ordinance 19-022. A public hearing was held on Ordinance 19-022, an Ordinance rezoning for Lots 6 & 7, Block 12, Folsom Addition from R-3A to B-3 District (166 & 170 1st Avenue South). A motion was made by Council Member Wendell, seconded by Council Member Bacon, that Ordinance 19-022 be approved. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Resolution 19-067. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that Resolution 19-067, a Resolution Urging the Legislature to Protect Consumer Choice and the Ability of Municipal Electric Utilities to Annex Service Territory, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Resolution 19-067 - Resolution Urging South Dakota Legislators to Preserve Consumer
Choice and the Ability of Municipal Electric Utilities to Serve All Municipal Citizens
Including those in Newly Annexed Areas

Whereas, the City of Brookings has chosen to own and operate a Municipal Electric
Utility and serve all the citizens of Brookings for over 120 years; and

Whereas, the Municipal Electric Utilities of South Dakota represent the values of the
communities they serve, providing operational and rate setting decisions locally by
citizens of the community at open and public meetings, and revenues are reinvested
locally to foster economic development and innovation; and

Whereas, the citizens of Brookings have chosen to invest in this Municipal Electric Utility to help attain the community’s desired future through their resilient electrical system that attracts essential businesses and jobs; and

Whereas, the Municipal Electric Utilities of South Dakota have consistently been one of
the most important economic development resources for job creation in our region by
allowing the cities involved to attract businesses with lower costs of power and highly reliable service; and

Whereas, transfers from the Brookings Municipal Electric Fund to our General Fund
assists in providing for the health, safety and welfare of Brookings’ citizens, low
municipal real estate taxes, increased quality of life, livability, safe neighborhoods,
school funding and a welcoming sense of community; and

Whereas, any legislation prohibiting Municipal Electric Utilities to have a reasonable
opportunity for future growth would be harmful to the City of Brookings and not in the
public interest of all citizens of South Dakota.

Now, Therefore, Be It Resolved by the City of Brookings that the South Dakota
Legislators be urged to support the Coalition to Preserve Customer Choice as they
advocate continuing to allow municipally owned electric utilities to serve all municipal
citizens in areas annexed into the cities.

Charter Amendment. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that the proposal to Amend Section 2.08 of City of Brookings Charter to provide for appointment of the Clerk by the City Manager be approved. The motion failed by the following vote: No: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.

Executive Session. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, to enter into Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters, at 6:21 p.m. The
motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to exit Executive Session at 6:40 p.m. The motion carried by a unanimous vote.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Brink, that this meeting be adjourned at 6:41 p.m. The motion carried by a unanimous vote.

CITY OF BROOKINGS

Keith W. Corbett, Mayor
ATTEST:

Bonnie Foster, City Clerk

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