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Legal Notices

Posted on: March 25, 2022

City Council Minutes: 03/08/2022

Brookings City Council

March 8, 2022

 

The Brookings City Council held a meeting on Tuesday, March 8, 2022 at 5:30 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, Joey Collins, and Wayne Avery.  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 Tilton Byrne, that the agenda be approved.  The motion carried by the following vote:  Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 – Avery.

 

Executive Session.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, to enter into Executive Session at 5:31 p.m. pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters.  Present: City Council, City Manager, City Attorney, City Clerk, Assistant City Manager Jacob Meshke, City Engineer Charlie Richter, and Lee Kaffar, HDR, Inc.  The motion carried by a unanimous vote.

 

A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, to exit Executive Session at 5:50 p.m.  The motion carried by a unanimous vote.

 

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

A. Action to approve the February 22, 2022 City Council Minutes.

B. Action on Resolution 22-020, a Resolution declaring surplus property for the City of Brookings.

Resolution 22-020 - Declaring Surplus Property

 

Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings:

 

Brookings Municipal Liquor Store: (8) Wine Racks

Brookings Public Library:  HP Envy 45 20 printer (does not work); Lectern; 19 Makerspace Computer Lab Chairs; 2 cold laminators (unknown if they work)

Brookings Police Department – Abandoned Bikes:  Genesis Saber 200, Gray/Chrome, #2226; Roadmaster Granite Peak, Gray, #2180; Huffy Rock Creek, Red, AL13A039518, #2132; Trek Mountain Track, Purple, BJ-0415, #2133; Hyper HAVOC, Black, TY19H012737, #2126; Mongoose Excursion, Black/Silver, #2369; Roadmaster Grandpeak, Blue/White, SNFSD14KL7348, #2156; Trek Alpha, Gray/Black, WTU285C2104C, #2210; Next Terra, Purple, LBH2452G, #2172; YBike Extreme, Orange/Black, #2250; Raleigh Grand Touring, Green, #2343; Huffy Tundra, Blue/Pink, 26612G016, #2346; Roadmaster  Grandpeak, Black/Blue, SNFSD21AK1563, #2362; Roadmaster            Granite Peak, Black/Gray, NFSDA6FJ1752, #2200; Roadmaster Granite Peak, Turquoise, #2222; Schwinn Transit, Green, F96115778, #2323; Roadmaster Peak, Black/Blue, SNFSD18DD6413, #2128; Schwinn Delmar, Blue/Pink, SNFSD13CG7199, #2388; Giordano rs700, Red/White, l161201439, #2353; Roadmaster, Black/Blue, #2178; Schwinn Mesa, Yellow/Red, M8LI26628, #2325; Big Wheel Powder Puff, Pink/Blue, #2238; Next PX4.0, Black, LWCN101072, #2148; Thruster Pro20FS, Blue; Roadmaster Sport, Purple/Silver, K2GK011202, #2261; Huffy Storm, White/Purple, #2314; Roadmaster Ground Assault, Gray/Black, #2136; Genesis Next, Teal, DJJB106132, #2361.           

Park & Recreation Dept.:  2011 John Deere Z920A 60” zero-turn mower, Serial #ITC920ACHBT020190; Case 580 Super E Backhoe 4-wheel drive; PIN #9869245; 1996 F150 Rx4 with utility box, VIN #IFTEF14NOTLA60766; Arrow Master F36 Concrete Power Trowel, Model #F3644-5, Serial #997F4557; Kelly Screedmatic Concrete Power Screed; 25 – 10’ x 6” steel concrete forms; Mb 40 inch walk-behind broom, Serial #10-1914; Thompson Ice Edger, Model T-18, Serial #11423; 2 Kayaks - Hobie Mirage Revolution 13 Blue, Serial # US – HCCZ1690313, and Wilderness Systems Ride 115 – Blue, Serial #WEMAC2LBH213.

 

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.

C. Action on Resolution 22-021, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for David Olson, Inc., dba Danny’s, David Olson, owner, 703 Main Avenue South, Brookings, South Dakota, legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street.

Resolution 22-021 - On-Sale Liquor Operating Agreement – 5-year mid-term renewal

David Olson, Inc., dba Danny’s

 

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and David Olson, Inc., dba Danny’s, David Olson, owner, 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 703 Main Avenue South.  Legal description:  Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street.

 

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

D. Action on Resolution 22-022, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Drive. Legal description: Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre Addition.

Resolution 22-022 - Wine Operating Agreement – 10-year renewal

CHS, Inc., Cenex Zip Trip #64

 

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and Cenex Zip Trip #64, CHS, Inc., owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 3045 LeFevre Drive.  Legal Description:  Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre 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 ten (10) years, with a mid-term renewal in five (5) years.

E. Action on volunteer board, committee, and commission appointments.

Brookings Disability Awareness Committee:  Appoint Michelle Johnson and Ali Teesdale (terms expiring 1/1/2023); Historic Preservation Commission:  Appoint Samuel Krueger (term expires 1/1/2025); Library Board:  Appoint Linda Richter (term expires 1/1/2025); Public Arts Commission: Appoint Paula Carson (term expires 1/1/2024); Sustainability Council:  Appoint Samuel Krueger and Bruce Pengra (terms expire 1/1/2025).

F. Action to abate property taxes in the amount of $12,474.18 for Parcel #40473-01800-001-00, Brookings Futbol Club, owner.  Legal description: Lot 1 of Block 18 of Prairie Hills Addition.

G. Action to abate property taxes in the amount of $48.26 for Parcel #40621-01200-007-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 7 of Block 12 of Timberline Addition.

H. Action to abate property taxes in the amount of $48.26 for Parcel #40621-01200-006-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 6 of Block 12 of Timberline Addition.

I. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-002-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 2 of Block 15 of Timberline Addition.

J. Action to abate property taxes in the amount of $67.56 for Parcel #40621-01500-001-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 1 of Block 15 of Timberline Addition.

K. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-003-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 3 of Block 15 of Timberline Addition.

L. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-004-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 4 of Block 15 of Timberline Addition.

M. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-005-00, Brookings Habitat for Humanity, owner.  Legal description: Lot 5 of Block 15 of Timberline Addition.

N. Action to cancel the March 15, 2022 City Council Study Session.

 

Update:  Black History Month Public Library Programming.  The Brookings Public Library received a grant from the American Library Association to host Black History Month events and a community conversation.  Mikaela Neubauer, Community Services Coordinator at the Brookings Public Library, provided an overview of the Library’s grant-funded Black History Month events and reported on the outcome of the Library’s “More Than a Month” Community Conversation.

 

Ordinance 22-007.  A public hearing 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. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Ordinance 22-007 be approved. The motion carried by the following vote:  Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 – Avery.

 

(Council Member Avery joined the meeting at 6:17 p.m.)

 

Ordinance 22-009.  A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to approve the Planned Development District Zoning Element of Ordinance 22-009, and return the initial development plan back to the Planning Commission.  Public Comment: Seth Skogen.  The motion carried by the following vote:  Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Ordinance 22-010.  A public hearing 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. A motion was made by Council Member Collins, seconded by Council Member Brink, that Ordinance 22-010 be approved. The motion carried by the following vote:  Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Ordinance 22-008.  A motion was made by Council Member Brink, seconded by Council Member Bacon, that Ordinance 22-008, an Ordinance Authorizing Supplemental Appropriation #2 to the 2022 Budget - Parts 1,2&3, be approved. The motion carried by the following vote:  Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Adjourn.  A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that the meeting be adjourned at 6:45 p.m.  The motion carried by a unanimous vote.

 

CITY OF BROOKINGS

                                                                                    

 

__________________________

                                                                                    Oepke G. Niemeyer, Mayor

ATTEST:

 

 

__________________________

Bonnie Foster, City Clerk

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