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Legal Notices

Posted on: November 26, 2019

City Council Minutes: 11/12/2019

Brookings City Council
November 12, 2019

The Brookings City Council held a meeting on Tuesday, November 12, 2019 at 5:00 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 and Assistant to the City Manager Jacob Meshke were also present. Absent: City Attorney Steve Britzman and City Clerk Bonnie Foster.

5:00 PM STUDY SESSION
Snow & Ice Removal Operations Plan. Matt Bartley, Street Superintendent / Project Manager, presented the City of Brookings Snow and Ice Removal Operations Plan to the City Council and public.

6:00 PM REGULAR MEETING
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: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the October 22, 2019 City Council Minutes.
3.C. Action on annual Liquor and Wine Alcohol License Renewals for 2020.
Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale): Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6th St.; Craft Fusion / Jesse Davis, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Club Lodge #1490, 516 4th St.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; The Lodge / Den Wil Hospitality Group, Inc., 2515 6th St.; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Old Market Eatery, LLC, 424 5th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / KR Hospitality, Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub, Inc., 300 Main Ave.; Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 25th Ave.; The Wild Hare / Wonder, Inc., 303 3rd St. Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave. Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Cenex Zip Trip #63 / CHS, Inc., 1005 6th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr. ; Children’s Museum of South Dakota, 521 4th St.; The Depot / ERL, LLC, 919 20th St. So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C; Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; McCrory Gardens Educational & Visitors Center, 6th St. & 22nd Ave.; New Sake / Sake, Inc., 724 22nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc.,
LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.;
Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Swiftel
Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.; Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 25th Ave.; Wooden
Legs Brewing Co., 309 5th St., Suite 100; Yessica’s Restaurant, 1300 Main Ave. So.
3.D. Action to approve Resolution 19-086, a Resolution authorizing Change
Order No. 1, Final, for 2019-11STI Airport Sanitary Sewer Project; Meyer
Services Inc.
Resolution 19-086 - Resolution Authorizing Change Order No. 1 (Final) for
2019-11STI Airport Sanitary Sewer Project, Meyer Services, Inc.

Be It Resolved by the City Council that the following change order be allowed for
2019-11STI, Airport Taxilane Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a total decrease of $5,479.00 to the contract and adjust the final completion date to September 20, 2019 to close out the project.

CFO Report. Chief Financial Officer, Erick Rangel, presented the 3rd Quarter Financial Report to the City Council and members of the public.

(Council Member Brink left the meeting at 6:40 p.m.)

Sustainability Council Report. The Sustainability Council created and presented a report on the pros and cons of plastic bag bans, the current use of plastic bag ordinances, a list of communities who have banned plastic bags, and alternative tactics to reducing the use of plastic bags which do not require a plastic bag ban. (June 25, 2019 City Council Minutes excerpt: “A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the Sustainability Council study what peer communities are doing to reduce or eliminate the use of plastic bags and single-use plastics for City Council review at a future study session. The motion carried by a unanimous vote.”)

Resolution 19-087. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 19-087, a Resolution Awarding Bids on
Edgebrook Golf Cart Lease, be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Brink.
Resolution 19-087 - Resolution Awarding EdgeBrook Golf Course
Golf Cart 5-Year Lease

Whereas, the City of Brookings opened bids for EdgeBrook Golf Course Golf Cart 5-Year Lease on Tuesday, November 5, 2019 at 1:30 pm at Brookings City & County
Government Center; and

Whereas, the City of Brookings has received the following bids:
NB Golf Cars
2020 Club Car-Tempo Electric - $31,690.26/year x 5 years = $158,451.30
2020 Club Car-Precedent Electric - $30,781.80/year x 5 years = $153,909.00
Tournament Fleet Rate - $37.00/day

Miller & Sons Golf Cars
2020 EZ GO TXT 48V - $33,643.00/year x 5 years = $168,215.00
2020 EZ GO RXV Elite - $41,167.00/year x 5 years = $205,835.00
Tournament Fleet Rate - $30.00/day

Now Therefore, Be It Resolved the bid from NB Golf Cars for the Club Car Tempo
Electric model be accepted.

Legal Services Agreement. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one year contract (01/01/2020 - 12/31/2020), be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Brink.

Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, to enter into Executive Session at 6:50 p.m., 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. The motion carried by a unanimous vote. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, to exit Executive Session at 7:15 p.m. The motion carried by a unanimous vote.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that this meeting be adjourned at 7:16 p.m. The motion carried by a unanimous vote.

CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk

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