HomeMy WebLinkAbout2019_01_08 CC Minutes212
Brookings City Council
January 8, 2019
The Brookings City Council held a meeting on Tuesday, January 8, 2019 at 6:00p.m.,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty
Bacon, and Ope Niemeyer. Manager Paul Briseno, City Attorney Steve Britzman, City
Clerk Shari Thornes, and Deputy City Clerk Angie Ritter were also present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Kidwiler, seconded by
Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by
the following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne,
and Corbett
3.A. Action to approve the agenda.
3.B. Action to approve the November 27, 2018 City Council Minutes.
3.C. Action to approve an amendment to the Civil Air Patrol, Inc. Lease
Agreement.
3.D. Action on Resolution 19-003, a Resolution Authorizing the City of
Brookings to Amend the Cooperative Fire Suppression Agreement.
Resolution 19-003 -Resolution Authorizing the City of Brookings to
Amend the Cooperative Fire Suppression Agreement
Whereas, the City of Brookings approved a Cooperative Fire Suppression Agreement
between the City of Brookings and South Dakota Department of Agriculture, Wildland
Fire Division on May 4, 2017, and
Whereas, the parties now desire to extend the end date of this Agreement to May 15,
2019 to allow for continued cooperation while the 2019-2023 Cooperative Agreement
negotiations occur;
Now therefore, be it resolved as follows:
1. That an Amendment to the Cooperative Fire Suppression Agreement by and between
the City of Brookings and South Dakota Department of Agriculture, Wildland Fire
Division is hereby approved, and
2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf
of the City the documents required to complete the Amendment described herein,
consistent with the terms of this Resolution.
3.E. Action on Resolution 19-008, a Resolution Directing Preparation of the
Assessment Roll, Dividing Assessments into Installments, and Providing
for the Collection thereof for Sanitary Sewer Assessment Project
2018-12SSA, Western Ave. between Martin Blvd. and 20th St. S.
Resolution 19-008 -Resolution Directing Preparation of Assessment Roll,
Dividing Assessments into Installments, and Providing for the Collection Thereof
for Sanitary Sewer Assessment Project 2018-12SSA,
Western Ave. between Martin Blvd. and 20th St. S.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of Resolution
of Necessity No. 18-042 for Sanitary Sewer Assessment Project 2018-12SSA. The
referendum has not been invoked, and no written protests against the making of said
improvement have been filed with the City Manager.
2. A contract for Sanitary Sewer Assessment Project 2018-12SSA has been duly
executed, and the City Council is authorized to levy special assessments pursuant to
the provisions of chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made
and filed in her office showing the total cost of said improvement as follows: Contract
price $33,504.00
4. The total cost of said improvement shall be paid as follows: Assessable costs
$33,504.00
5. There shall be made and filed in the office of the City Clerk an assessment roll for
said improvement. The costs shall be assessed equally against three assessable lots
and tracts of land on the basis of special benefits received upon each lot or tract of land
contiguous to the sanitary sewer and receiving said improvement.
6. The assessment for all properties shall be divided into ten (1 0) equal annual
installments and interest of ten (1 0) percent per annum shall accrue on the unpaid
balance of the assessment.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by
the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL
1967, as amended.
3.F. Action on an appointment to the Sustainability Council: Reappoint Jennifer
Mclaughlin (term expires 01/01/2022)
Brookings County I City of Brookings Pre-Disaster Mitigation Plan Update
Review. Luke Muller from the First District Association of Local Governments provided
an update on the Brookings County/City of Brookings Pre-Disaster Mitigation Plan.
Ordinance 19-001. First Reading was held on Ordinance 19-001, an Ordinance
Amending Article II of Chapter 42 of the Code of Ordinance of the City of Brookings, and
Pertaining to the Board of Health. Public Hearing: January 22, 2019.
Resolution 19-004. A motion was made by Council Member Niemeyer, seconded by
Council Member Kidwiler, that Resolution 19-004, a Resolution of Intent to Lease Real
Property to Lyle Johnson for Hay Lease at Brookings Airport, be approved. The motion
carried by the following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon,
Tilton Byrne, and Corbett.
Resolution 19-004 -Resolution of Intent to Lease Real Property to
Lyle Johnson for Hay Lease at Brookings Airport
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Lyle Johnson for a period of two (2)
years, commencing on January 1, 2019 and ending December 31, 2020, with the option
to renew for one additional year (2021) and pertaining to the following described
property:
The designated hayland on the Brookings Regional Airport, three hundred and fourteen
(314) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of
Brookings, Brookings County, South Dakota.
The Lease will be an amount of Seventy Eight Dollars ($78.00) per acre for the hayland,
with the first half payable on July 1 and the remaining half on November 1 of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 8,
2019 at 6:00 o'clock P.M. in the Chambers at the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Resolution 19-005. A motion was made by Council Member Kidwiler, seconded by
Council Member Hansen, that Resolution 19-005, a Resolution of Intent to Lease Real
Property to David Rachel in the Wiese and Freeland Additions, be approved.
The motion carried by the following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell,
Bacon, Tilton Byrne, and Corbett.
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Resolution 19-005 -Resolution of Intent to Lease Real Property to
David Roche! in the Wiese and Freeland Additions
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a lease with David Rochel, commencing on
January 1, 2019 and ending December 31, 2019, with the option to renew for one
additional year, and pertaining to the following described property:
The designated farmland of thirty (30) acres more or less in the Brookings Wiese
Addition, in Section 19, T11 ON, R49W, and the designated farmland of twenty (22)
acres more or less in the Brookings Freeland Addition, in Section 18, T11 ON, R49W in
the c·ity of Brookings, Brookings County, South Dakota.
The Lease will be an amount of Two Hundred Six Dollars and Fifty Cents ($206.50) per
acre for farmland annually, payable first half on April 1-and the remaining half on
November 1. The City of Brookings may terminate this Lease at any time in the event a
parcel of the above described property is to be sold by the City of Brookings. If a portion
of the leased land is sold, the number of acres to be paid for will be adjusted at the unit
price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 8,
2019 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were given
an opportunity to be heard on the intent to lease real property.
Resolution 19-006. A motion was made by Council Member Hansen, seconded by
Council Member Kidwiler, that Resolution 19-006, a Resolution of Intent to Lease Real
Property to Tim Bauer in Section 11-T109N-R50W (Main AvenueS. & 32nd StreetS.),
be approved. The motion carried by the following vote: Yes: 7-Niemeyer, Hansen,
Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Resolution 19-006 -Resolution of Intent to Lease Real Property to Tim Bauer in Section
11-T109N-R50W (Main AvenueS. & 32nd StreetS.)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a lease with Tim Bauer for the period of
2019-2020, pertaining to the following described property:
The designated hay land, eighteen acres more or less, in Section 11-T1 09N-R50W in
the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of $50.00 per acre for hay land, payable first half on July 1
and second half on November 1 of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 8,
2019 at 6:00 o'clock P.M. in the Chambers of the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Resolution 19-007. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Hansen, that Resolution 19-007, a Resolution of Intent to Lease Real
Property to McHay in Section 21-T11 ON-R50W, be approved. The motion carried by the
following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and
Corbett.
Resolution 19-007-Resolution of Intent to Lease Real Property To
McHay in Section 21-T11 ON-R50W
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with MC Hay for a period of two (2)
years, commencing January 1, 2019 and ending December 31, 2020, and pertaining to
the following described property:
The designated hay land, eighty five (85) acres more or less, in Section 21, T11 ON-
R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Hundred Ten Dollars and Zero Cents ($11 0.00)
per acre for hay land, payable the first half payment will be due July 1st with the second
half due November 1st of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 8,
2019, at 6:00 o'clock P.M. in the Chambers of the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Resolution 19-001. A motion was made by Council Member Niemeyer, seconded by
Council Member Bacon, that Resolution 19-001, a Resolution Establishing Fees for
Pedal Car/Bar Permits within the City of Brookings, be approved. The motion carried by
the following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne,
and Corbett.
Resolution 19-001 -A Resolution Establishing Fees for Pedal Bar Permits
Issued by the City of Brookings, South Dakota
Whereas the fees, and procedures pertaining to Pedal Car/Bar permits shall be
established; and
Whereas, the City established rules of operation by Ordinance and shall offer a special
permit.
Now, Therefore, Be It Resolved that the fee for a Pedal Car/Bar Operating Permit be
$50.
Resolution 19-009. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, to approve Resolution 19-009, a Resolution approving the
Appointment of an Acting City Clerk. The motion carried by the following vote:
Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Resolution 19-009 - a Resolution approving the
Appointment of an Acting City Clerk
Whereas, City Clerk Shari Thornes is retiring and is not currently available to perform
the duties of City Clerk; and
Whereas, the City Council is authorized pursuant to Section 2.08 of the City Charter to
appoint a Clerk.
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota that Angela Ritter, Deputy City Clerk, is hereby appointed as Acting City
Clerk of the City of Brookings.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to adjourn the meeting at 6:17 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
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