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Legal Notices

Posted on: April 22, 2022

[ARCHIVED] City Council Minutes:03/22/2022

Brookings City Council

March 22, 2022 

 

The Brookings City Council held a meeting on Tuesday, March 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, 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 Brink, seconded by Council Member Tilton Byrne, that the agenda be approved.  The motion carried by the following vote:  Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Open Forum.  Lawrence Novotony, member of the Human Rights Commission, invited the City Council and public to attend the Diversity Potluck to be held on Sunday, April 3rd from 5:00 pm - 7:00 pm at the McCrory Gardens Educational Visitors Center.

 

Consent Agenda.  A motion was made by Council Member Wendell, seconded by Council Member Brink, that the consent agenda be approved.  The motion carried by the following vote:  Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

A. Action to approve the March 8, 2022 City Council Minutes.

B. Action on Resolution 22-026, a Resolution in support of a Recreational

Trails Fund Grant Application.

Resolution 22-026 - Resolution in Support of a 

Recreational Trails Fund Grant Application

 

Whereas, the United States of America and the State of South Dakota have authorized the making of grants from the Recreational Trails Fund (RTF) to public bodies to aid in financing the acquisition and/or construction of specific public trail projects; and

 

Whereas, 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

 

Whereas, the City of Brookings shall provide a minimum of 20% 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 trail; and

 

Now, Therefore, Be It Resolved 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 RTF grant to aid in financing the replacement of the damaged asphalt trail sections at the Dakota Nature Park for the City of Brookings, South Dakota and its Environs.

 

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.

 

Proclamation.  Mayor Niemeyer presented a Proclamation to Nikki Eining, a member of the Brookings County Child Protection Team, recognizing April as Child Abuse

Prevention Month.

 

Mayoral Proclamation

Whereas, child abuse is a serious, significant issue in South Dakota; and

 

Whereas, one in four women and one in six men were sexually abused before the age

of 18; and

 

Whereas, children are vital to our future success, prosperity, and quality of life as well

as being our most vulnerable assets; and

 

Whereas, all children deserve to have the safe, stable, nurturing homes and

communities they need to foster their healthy growth and development; and

 

Whereas, child abuse and neglect is a community responsibility affecting both the

current and future quality of life of a community; and

 

Whereas, parents provided with the social support, knowledge of parenting and child

development and concrete resources they need to cope with stress and nurture their

children ensure children grow to their full potential; and

 

Whereas, effective child abuse prevention strategies succeed because of partnerships

among citizens, human service and law enforcement agencies, schools, faith and civic

organizations, health care providers, and businesses.

 

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

of Brookings, do hereby proclaim April as Child Abuse Prevention Month and call upon all citizens to increase their participation in efforts to support.

 

Proclamation.  Mayor Niemeyer presented a Proclamation to Allison Schmitt, Volunteer Helpline Specialist for the 211 Helpline Center, recognizing National Volunteer

Appreciation Week.

 

Mayoral Proclamation

Whereas, community members can effect positive change with any action no matter

how big or small; and

 

Whereas, volunteers utilize their time and talent daily to make a real difference in the

lives of children, adults, and the elderly; and

 

Whereas, the Helpline Center plays a crucial role organizing community wide response

efforts by dispatching volunteers; and

 

Whereas, government by itself cannot solve all of our nation’s social problems; and

 

Whereas, the giving of one’s self and service to another empowers the giver and the

recipient; and

 

Whereas, those who step up and volunteer are a great treasure.

 

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

of Brookings, do hereby proclaim April 17 through April 23, 2022 as National Volunteer Week and urge all citizens to continue volunteering or to call the Helpline Center at 211 to find a service opportunity.

 

Proclamation.  Mayor Niemeyer presented a Proclamation to Brianna Doran and Mark

Sternhagen, members of the Brookings Disability Awareness Committee, recognizing March as Developmental Disabilities Awareness Month.

 

Mayoral Proclamation

Whereas, developmental disabilities are often present as early as birth in those

impacted, and endure across the lifespan of a person; and

 

Whereas, disability is a natural part of the human experience that does not diminish

the right of individuals to enjoy self-determination and experience full inclusion; and

 

Whereas, family, friends, and the community can play an important role in enhancing

the lives of individuals with disabilities, especially when provided with necessary services and supports; and

 

Whereas, the goals of our community include providing individuals with disabilities the

opportunities and support to achieve full integration in society, in an individualized

manner, consistent with unique strengths, resources, priorities, concerns, abilities, and

capabilities of each individual; and

 

Whereas, through increased awareness of programs and activities, the public will

better understand the potential and needs of individuals with disabilities.

 

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

of Brookings, do hereby proclaim March 2022, as Developmental Disabilities Awareness Month.

 

Presentation.  Members of the Brookings Police Department Foundation presented a check to the City of Brookings for the purchase of a drone, and the cost of training, for the Brookings Police Department. Brookings Police Department Foundation

members: Director Julie Erickson, President Heidi Madsen, Recorder Steve Timmerman, Treasurer Bonnie Foster, Jeff West, Abby Ryan, Jay Hotchkiss,

Yvette Campbell, Chief David Erickson, and Officer Keith Thoroux.

 

Resolution 22-019.  A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 22-019, a Resolution Awarding Bids on 2022-07STI Freight On Board Asphalt Material, be approved. The motion carried by the

following vote:  Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Resolution 22-019 - Resolution Awarding Bids on 

Project 2022-07STI Freight on Board Asphalt Material

 

Whereas, the City of Brookings opened bids for Project 2022-07STI Freight On Board

Asphalt Material on Tuesday, March 8, 2022 at 1:30 pm at the Brookings City and County Government Center; and

 

Whereas, the City of Brookings has received the following bid: Bowes Construction Co.,

Inc. in the amount of $88,850.00.

 

Now, Therefore, Be It Resolved that the total low bid of $88,850.00 for Bowes

Construction Co., Inc., Brookings, SD be accepted.

 

FIRST READING – Ordinance 22-011.  An introduction and first reading was held on Ordinance 22-011, an Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget. Second Reading: April 19, 2022.

 

Commercial Corridor Design Review Overlay District Site Plan.  A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan on Lot 1 in Block 2 of Reserve Fourth Addition also known as 1927 Christine Avenue. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the Site Plan be approved. Public Comment: Kyle Rausch. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

On-Off Malt License – transfer.  A public hearing was held on a request to transfer an On-Off Sale Malt License for the Sully’s Irish Pub from B&L Sullivan, Inc., to 3 Guys LLC, 421 Main Avenue. Legal description: Lot 11, Block 6, Original Plat Addition A motion was made by Council Member Brink, seconded by Council Member Wendell, that the On-Off Sale Malt License transfer be approved. The motion carried by the following vote:  Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Resolution 22-024.  A public hearing was held on Resolution 22-024, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor Operating Agreement for 3 Guys LLC, dba Sully’s Irish Pub, Brett Gomes, Shawn Nordbye, and Robert Sundet, owners, 421 Main Avenue. Legal description: Lot 11, Block 6, Original Plat Addition. A motion was made by Council Member Brink,

seconded by Council Member Collins, that Resolution 22-024 be approved. Public Comment: Patty Dexter. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Resolution 22-024 - 3 Guys LLC, dba Sully’s Irish Pub 

On-Sale Liquor Operating Agreement

 

Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City

Council hereby approves a Lease Agreement for the Operating Liquor Management

Agreement for Liquor between the City of Brookings and 3 Guys LLC, dba Sully’s Irish

Pub, Brett Gomes, Shawn Nordbye, and Robert Sundet, owner2, 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 421 Main Avenue. Legal description: Lot 11, Block 6, Original Plat 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 five (5) years and

renewal for another five (5) years.

 

Resolution 22-023.  A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 22-023, a Resolution Amending the Building Permit Fees for Public Projects, be approved. The motion carried by the following vote:

Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.

 

Resolution 22-023 - A Resolution Amending the 

Building Permit Fees for Public Projects

 

Whereas, the City of Brookings, Brookings County, and the Brookings School District undertake building projects to construct new and maintain existing public facilities which serve the residents of the City and County of Brookings; and

 

Whereas, the City of Brookings can assist these projects by reducing building and permit fees, thereby reducing project costs.

 

Now, Therefore, Be It Resolved that the Building Permit Fees and Moving Fees be waived for City of Brookings, Brookings County, and Brookings School District projects and facilities.

 

Adjourn.  A motion was made by Council Member Brink, seconded by Council Member Wendell, 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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