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Legal Notices

Posted on: March 11, 2022

City Council Minutes: 02/22/2022

Brookings City Council

February 22, 2022 

 

The Brookings City Council held a meeting on Tuesday, February 22, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present:  Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Nick Wendell, Holly Tilton Byrne, and Wayne Avery.  Absent:  Council Member Joey Collins.  City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.

 

6:00 PM REGULAR MEETING

Agenda.  A motion was made by Council Member Wendell, seconded by Council Member Brink, that the agenda be approved.  The motion carried by the following vote:  Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins.

 

Consent Agenda.  A motion was made by Council Member Brink, seconded by Council Member Wendell, that the consent agenda be approved.  The motion carried by the following vote:  Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins.

A. Action to approve the February 8 and February 15, 2022 City Council Minutes.

B. Action on appointments to the Planning Commission / Board of Adjustment.  With the passing of Ordinance 22-006, the Board of Adjustment members will be the

appointed current Planning Commission members.  The Board of Adjustment member

terms will be consistent with the Planning Commission member terms. Appointed

Members are as follows: 1st Alternate - Justin Borns (Vice-Chair) (term expires

12/31/2025); 2nd Alternate - Greg Fargen (Chair) (term expires 12/31/2023); Gregg

Jorgenson (term expires 12/31/2022); Lee Ann Pierce (term expires 12/31/2022); Roger

Solum (term expires 12/31/2022); Clark James Drew, III (term expires 12/31/2023); Nick

Schmeichel (term expires 12/31/2023); Jacob Mills (term expires 12/31/2025); Tanner

Aiken (term expires 12/31/2025).  The Board of Adjustment will consist of 7 voting members and 2 alternates.  The alternates are non-voting members, unless 1 or 2 of the Board of Adjustment members are absent.  Staff is recommending the current Planning Commission Chair and Vice-Chair to serve as Alternates (1st Alternate - Vice-Chair / 2nd Alternate - Chair).  This board layout will allow the Chair / Vice-Chair to run the meeting and focus on the procedure without casting a vote.  The Chair and Vice-Chair are selected annually from the members.

C. Action to abate property taxes in the amount of $7,571.32 for Parcel #40330-00700-000-02, Sunchase LTD, c/o Mills Property Management, owner. Legal description: Southeast Corner of Block 7, Maylands First Addition.

D. Action to abate property taxes in the amount of $302.39 for Parcel #04000-11049-202-00, NE Hansen LLC, owner. Legal description: Northwest Quarter, except Tract 1, Hanson Addition, and except H-1 and H-2, Section 20-T110N-R49W.

E. Action to abate property taxes in the amount of $119.00 for Parcel #40487-00000-000-00, John H Mills, owner. Legal description: R’Surene Morgan Farm Addition.

F. Action to abate property taxes in the amount of $143.10 for Parcel #21276-10949-062-00, Access Holdings LLC, owner. Legal description: Block 1 of Mills 3rd Addition in the Northwest Quarter of Section 6-T109-R49.

G. Action to abate property taxes in the amount of $92.98 for Parcel #40960-10949-062-00, RCS Development Inc., owner. Legal description: Outlot 1 in the Northwest Quarter of Section 6-T109-R49.

H. Action to abate property taxes in the amount of $1.75 for Parcel #40970-10949-062-00, Western Estates MHP LLC, owner. Legal description: Northwest Quarter, except H-2, except MH Park & except R’Surene Morgan Farm Addition, except Block 1 of Mills 3rd Addition and except Outlot 1 of Section 6-T109-R49.

I. Action to abate property taxes in the amount of $3.92 for Parcel #40960-10950-011-00, PMVK Limited, owner. Legal description: Outlot 1 except the North 40 feet thereof in the Northeast Quarter of Section 1-T109-R50.

J. Action to add the City Council Retreat to the 2022 City Council Meeting Calendar.  City Council Retreat dates are March 31 – April 2, 2022.

K. Action on Resolution 22-017, a Resolution in support of a Land & Water Conservation Fund Grant Application.

Resolution 22-017 - Resolution in Support of 

Land and Water Conservation Fund Grant Application

 

Whereas, the United States of America and the State of South Dakota have authorized

the making of grants from the Land and Water Conservation Fund (LWCF) to public

bodies to aid in financing the acquisition and/or construction of specific public outdoor

recreation projects;

 

Now, Therefore Be It Resolved:

  1. that the Parks, Recreation and Forestry Director is hereby authorized to execute and file an application on behalf of the City of Brookings with the National Park Service, U.S. Department of the Interior, through the State of South Dakota, Department of Game, Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing the Hillcrest Park Pickle Ball Court Project for the City of Brookings, South Dakota and its Environs; and
  2. that the Parks, Recreation and Forestry Director, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed; and
  3. that the City of Brookings and its funding partners shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility; and
  4. that the City of Brookings dedicates Hillcrest Park for park and outdoor recreation purposes in perpetuity.

 

Proclamation.  Mayor Niemeyer read a Proclamation recognizing March 2022 as National Kidney Month.

 

Mayoral Proclamation

 

Whereas, there are an estimated 37 million adults in the United States with kidney

disease, and 1 in 3 adults in the U.S. are at risk; and

 

Whereas, most people are unaware that the risk factors for kidney disease include

diabetes, heart disease, smoking, high blood pressure, obesity and family history; and

 

Whereas, people who are Native American, Asian American, Black or African

American, Hispanic or Latino are at increased risk for developing kidney disease; and

 

Whereas, the month of March is National Kidney Month and March 10, 2022, is World

Kidney Day.

 

Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City

of Brookings, do hereby proclaim March 2022 as National Kidney Month.

 

Introduction of new and / or promoted City of Brookings employees.  Police Chief Dave Erickson introduced the following individuals to the City Council and public: Sergeant Rhett Larsen.  He was recently promoted from Patrol Officer to Sergeant and has been with the City of Brookings since 2017.  New Police Department employee Patrol Officer Brian Schreur.  He has been with the City of Brookings since September 2021.

 

SDSU Student Association Report.  Anna Shane, Government Affairs Chair for the SDSU Students Association, provided an update on SDSU happenings to the City Council and public.

 

Resolution 22-016.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 22-016, a Resolution Authorizing Change Order

No. 1 for Pavement Maintenance/Rehabilitation Project AIP #3-46-0005-34-2022;

Fahrner Asphalt Sealers, LLC, be approved. The motion carried by the following

vote:  Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins.

 

Resolution 22-016 - Resolution Authorizing Change Order No. 1 for 

Pavement Maintenance/Rehabilitation Project, #3-46-0005-034-2021; 

Fahrner Asphalt Sealers, LLC

 

Be It Resolved by the City Council that the following change order be allowed for

Pavement Maintenance/Rehabilitation Project, 3-46-005-034-2021 Construction Change Order Number 1:  Adjust plan quantities to as-constructed quantities for an increase of $12,826.39 to add additional Taxiway markings for a total increase in Contract Price of $187,709.05.

 

Resolution 22-015.  A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 22-015, a Resolution Awarding Bids on 2022-05SWR, Concrete Maintenance Project, be approved. The motion carried by the following vote:  Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins.

 

Resolution 22-015 - Resolution Awarding Bids on Project 2022-05SWR Concrete

Maintenance Project, 8th Street South & Main Avenue South Intersection

 

Whereas, the City of Brookings opened bids for Project 2022-05SWR, Concrete

Maintenance Project on Tuesday, February 15, 2021 at 1:30 pm at the Brookings City &

County Government Center; and

 

Whereas, the City of Brookings received the following bids for the 2022-05SWR Concrete Maintenance Project: Bowes Construction, Inc. - Schedule A: $497,043.30; Schedule B: $115,219.15; Total Bid: $612,262.45; Timmons Construction, Inc. - Schedule A: $493,609.78; Schedule B: $133,633.70; Total Bid: $627,243.48; BX Civil & Construction, Inc. - Schedule A: $517,738.00; Schedule B: $129,762.00; Total Bid: $647,500.00; Hulstein Excavating, Inc. - Schedule A: $553,778.65; Schedule B: $159,786.00; Total Bid: $713,564.65; T & R Contracting, Inc. - Schedule A: $616,188.38; Schedule B: $122,550.00; Total Bid: $738,738.38;

 

Whereas, the low bid was approximately 13% lower than the Engineer’s Opinion.

 

Now, Therefore, Be It Resolved that the total low bid of $612,262.45 for Bowes

Construction, Inc., be accepted.

 

Resolution 22-018.  A motion was made by Council Member Brink, seconded by Council Member Wendell, that Resolution 22-018, a Resolution Awarding Bids on 2022-09STI, Freight On Board Quartzite Chip Material, be approved. The motion carried by

the following vote:  Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery

Absent: 1 – Collins.

 

Resolution 22-018 - Resolution Awarding Bids on 

Project 2022-09STI Freight on Board Quartzite Chip Material

 

Whereas, the City of Brookings opened bids for Project 2022-09STI Freight On Board

Quartzite Chip Material on Tuesday, February 15, 2022 at 1:30 pm at the Brookings City

and County Government Center; and

 

Whereas, the City of Brookings has received the following bids for the 2022-09STI

Freight On Board Quartzite Chip Material: Spencer Quarry (Spencer, SD) $37,600.00;

Concrete Materials (Sioux Falls, SD) $46,400.00; L.G. Everest (Brookings, SD)

$91,360.00.

 

Now, Therefore, Be It Resolved that the total low bid of $37,600.00 for Spencer Quarries, Inc., Spencer, SD be accepted.

 

FIRST READING – Ordinance 22-008.  Introduction and first reading was held on Ordinance 22-008, an Ordinance Authorizing Supplemental Appropriation #2 to the 2022 Budget – Parts 1,2&3. Second Reading and Action: March 8, 2022.

 

FIRST READING – Ordinance 22-009.  Introduction and first reading was held on Ordinance 22-009, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development District. Public Hearing and Action: March 8, 2022.

 

FIRST READING – Ordinance 22-010.  Introduction and first reading was held on Ordinance 22-010, an Ordinance to Change the Zoning within the City of Brookings, rezoning Outlot 1 excluding the North 40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R-3A Apartments / Mobile Homes / Manufactured Housing District to Business B-2 District; and the South 325 feet of the North 365 feet of the North East Quarter excluding Platted Areas in Section 1-T109N-R50W in the City of Brookings, Brookings County, from Residence R-3 Apartment District to Business B-2 District. Public Hearing and Action: March 8, 2022.

 

FIRST READING – Ordinance 22-007.  Introduction and first reading was held on Ordinance 22-007, an Ordinance to Change the Zoning within the City of Brookings, rezoning Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District.  Public Hearing and Action: March 8, 2022.

 

Progress Report.  Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects.

 

Adjourn.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that the meeting be adjourned at 6:44 p.m.  The motion carried by a unanimous vote.

 

CITY OF BROOKINGS

                                                                                    

 

__________________________

ATTEST:                                                                    Oepke G. Niemeyer, Mayor

 

 

__________________________

Bonnie Foster, City Clerk

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