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Home My WebLink AboutOrdinance 10-1994 ..�r � ORDINANCE HO. 10-94 AH ORDIHANCE CHAHGIHG THE ZOHIHG WITHIH THE JOIHT JURISDICTIOH AREA SURROUNDIHG THE CITY OF BROOKINGS BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA: Section 1. That the real estate situated in the Joint Jurisdictional Area surrounding the City of Brookings, County of Brookings, State of South Dakota, described as follows, to wit: the North 250' of the 5316' of the W200' of Lot 1, in Block 2 of Telkamp's Second Addition in the SE 1/4 of the SE 1/4 Section 13-T110H, R50W be and the same is hereby rezoned and reclassified from a clase Agriculture District to a class B-2 Fringe District. In accordance with Section 800, Article VIII of Appendix C-Joint Jurisdiction Area Zoning Ordinance of the Joint Jurisdictional Area surrounding the City of Brookings, as seid districts are more fully set forth and described in Articles III, IV and V of Ordinance No. 14-80 Appendix C-Joint Jurisdiction Area Zoning Ordinance of the City and County of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C-Joint Jurisdiction Area Zoning Ordinance of the City and County of Brookings, South Dakota. Section 3. All sections and ordinances in conflict hereMith are hereby repealed. FIRST READING: April 12, 1994 SECOHD READIHG: April 26, 1994 PUBLISHED: POSTPOHED April 26, 1994 until October 25, 1994 Postponed October 25. 1994 until April 25, 1995 DEt�TTIID April 25, 1995 ATTEST: Mayor Finance Officer . L+eM �`� History Howey Rezoning Request LEGAL: North 250', south 316', west 200' of Lot 1, Block 2, Telkamp's Second Addition in the SE 1/4, SE 1/4 of Section 13-T110N-R50W ***August 4, 1992- Petition to rezone from A-Agricultural to Business B-2 City Planninq Commission County Planninq Commission 3 yes 4 no 2 yes 6 no City Planning Commission recommended disapproval on August 25, 1992 Citv Commission 2 yes 3 no MOTION FAILED ***October 6, 1992 Petition to rezone from A-Agricultural toBusiness B-3 City Planninq Commission County Planninq Commission 0 yes 5 no 1 yes 7 no City Planning Commission recommended disapproval. ***October 27, 1992 City Commission 3 yes 2 no MOTION FAILED (2/3 required to overrule City Planning Commission) ***April 5, 1994 Petition to rezone from A-Agricultural to Business B-2 Citv Planninq Commission Countv Planninq Commission 0 yes 8 no 0 yes 8 no City Planning Commission recommended disapproval. ***April 26, 1994- City Commission postponed to October 25, 1994 ***October 251994- City Commission postponed to April 25, 1995 A:howey.dkh ! • • ORDIHAMCE H0. 10-94 AH ORDIHAHCE CHANGIHG THE ZONING WITHIH THE JOIHT JURISDICTION AREA SURROUHDIKG THE CITY OF BROOKINGS BE IT ORDAIHED BY THE CITY OF BROOKIHGS, SOUTH DAKOTA: 5ection 1. That the real estate situated in the Joint Jurisdictional Area surrounding the City of Brookinge, County of Brookings, State of South Dakota, described as follors, to rit: the Horth 250' of the 5316' of the W200' of Lot 1, in Block 2 of Telkamp's Second Addition in the SE 1/4 of the SE 1/4 Section 13-T110H, R50W be and the same is hereby rezoned and reclassified from a class Agriculture District to a class B-2 Fringe District. In accordance with Section 800, Article VIII of Appendix C-Joint Jurisdiction Area Zoning Ordinance of the Joint Juriadictional Area surrounding the City of Brookings, as said districts are more fully set forth and described in Articles III, IV and V of Ordinance No. 14-80 Appendix C-Joint Jurisdiction Area Zoning Ordinance of the City and County of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same ia hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C-Joint Jurisdiction Area Zoning Ordinance of the City and County of Brookings, South Dakota. Section 3. All aectiona and ordinances in conflict hereMith are hereby repealed. FIRST READIHG: April 12, 1994 SECOHD READIHG: April 26, 1994 PUBLISHED: POSTPONED April 26, 1994 until October 25, 1994 Postponed October 25, 1994 until April 25, 1995 ATTEST: Mayor Finance Officer Commieaion Chambere April 26, 1994 City of Hrookinqa The City Commieaion met in regular aeesion at �:30 PM vith the folloring membera preaent: Mayor Hauachild, Artz, riurra, �etar and Prunty. Alan Glover, City Attorney, vae preaent. riinutes of the regular me�ting held April 19, 1994 vere resd aad approved. �--- --- -----_ A public hearinq and e�cond reading va■ held on Ordinanc� Ho. 10-94, rezoning the H250' ot the 5316' at the W200' ot Lot 1 in Bloek 2 of Telkamp'a Second Addition in the SE 1/4 ot the SE 1/4 af Section 13-T110N-R50W trom an A-aqricultural dietrict to a H-2 business trinqr diatrict. All preeent vere qiven the opportunity to be heard. Pruaty retired at thie timo. Motion vaa made by Ost�r, eecanded by llurra poetponinq actlon on Ordinance No. I0-94 until October 25, 1994. All membere vated YES, except Hauechild N�; motion carried. - A public haarinq ras held an �rdinance No. i1-94, r�visinQ Appendix A (zoninq ordinsnc�) of Ordinance 713, City oi BrookinQs. SD. All preeent rerQ y7lven th• opportunity to be hQard. Kotion vs� mad� by Artz, s�eonded by iSurra to continuQ holdinq public h�arinqs for t� next tro veeks on OrdinancQ Ho. 11-44. Al1 wenbers voted YES; aotion carried. riotian raa made by Murra, aeconded by �atQr authorizing to clos� Main Avenue betveen Third and Fourth Street on June 25, 1994 from 6:00 p.m. to 2I:00 p.m. For a Hike Shov. Al1 membsra voted YES; motion earried. riotion ras made by Artz, aeconded by Oater approvi.nq a te�porary ' on-aa1Q liquor licanse tor the Brookinqa Car Couneil to be held at the National Guard Armory. o� an on-off malt b�veraqe license froa� 314 Main AvenuQ to tht Brookinq■ Mall. All member' votsd YES; motian carried. Motion rae made by Ost�r, aeeonded by ?lurra apprcvinq a taxi cab dr�vers licenee for Craig MarkQr. All member9 voted YES; motioa carried. Motion raa madQ by Artz, s�conded by Oater authorizing the Iiayor to siqn purchaaa agreemQnt betveen the City ot 8rookinqs and the Area Developmeat Corporaticn for Lot 1 (fivQ acres), Lot 2 except the W220' (ten acrar), Lot 3 (five acres) all in the Alrport Industrial Additioa Ho. 1 alao 14 aere• og unplatted area, at s5,000 per aere for a totel o! 34 acres. All mQmbera voted YES; motion carrisd. Clotioa ras made by riurra, seconded by Artz authorizinq Alan Glover to represent the City tn ths larauit ot Duayne F. 8oesch. Cyndy J. HoQsch. riark K�lasy and G�orqe W. Preat vereus City of Hrookings. Phyllia Frost (aka Phy211e Frost-Stotz) and Daug Ulveatad. All � � m�mbera voted YES; motion carried. riotian vas madQ by �ater, efconded by Artz authorizing the closing ot riedary Avenue from Hinth Strset to Harvey Dunn Str�et on April 21, 1994 Srom 1:00 p.m. to 2:43 p.m. Al1 m�mbers vated YES; motion carriad. . Ilotion rae made by riurra, aeconded by Oaler moving into executive aeeaion :or 1Qga1 rQaaona. All members voted YES; motion carried. Motion vaa made by Artz, ■econded by Oater moving out ot executive eesaion. Al1 mQmbera voted YES; motion carried. Commiasion meeting adjaurnQd. ATTEST: Clayor Finance Oificer HEL5PER AND RASMUSSEN� P.C. ATTORNEYS AND COUNSELORS AT LAW 425 TWENTY-SECOND AVENUE SOUTH MAILING ADDRESS: P.O. BOX 198 AREA CODE: 605 RICHARD�. HELSPER BROOKINGS, SOUTH DAKOTA TEL: 692-7775 Ertic N. RnsMusseN 57006-0198 FAX: 692-4611 April 17, 1995 Mr. Dan Hanson City Engineer's Office P.O. Box 270 Brookings, SD 57006 RE: LYLE HOWEY REZONITiG Dear Dan: As you know I represent Lyle Howey who for the past three years has been trying to rezone his property located in Brookings County from an ag zone to a B-2 fringe. The County Commission on May 3 , 1994 approved Mr. Howey's application for rezoning to a B-2 fringe and this matter was to have been addressed by the City Commission. However the matter was postponed on two separate occasions even though the application for rezoning has been in existence ,for at• least three years. I have now :.been advised that the hearing on April.:25, 1995 may not be held because apparently you are getting legal advice that you cannot act on this application because the zoning ordinances in the joint jurisdictional area have been changed. Mr. Howey�s application clearly predates any change in the rules of the City of Brookings and I am sure without reciting all of the legal basis for it that you are aware that once an application is presented to a governing body that governing body must act on the application based on the rules in existence at the time. You cannot go about changing the rules and in effect depriving this man of the use of his property. , While the factual scenario is different in the Cooper case, I think the City clearly saw a few months ago the dim view our South Dakota Supreme Court takes of the City changing its rules in the middle of the stream. . I just spoke with you on the phone and I understand that this matter will be brought on before the City Commission on the evening of April 25th and both Lyle and I do plan to attend. ° ^ " � � ERi70KINGS COUNTY 692'T397 , P. 01 4 $ 2 �i ow`�'J C°r►�s'rx'r��S�D'�''�l�uk c�,�s s/��9� � _..� � _ � a,�' :� ;� r'ss.� for a cequest to rezone property kno�n ag tha N 256' of the S 3!6' of the W 200' o! bOt 1. :n Block � of Tglkamp's Znd Addition in th� SE 1/4 oP Cna, SE 1/4 0l Section 13, T110N, RSOW (Brookings Tnwnsh�p) from an Agricult�ral District to a B-2 Fringa Dict�ict. PrQsent wara Lyle and Dawn Kpwey, and David Rusten. After dlSCussion from the proponQnts aad opponents, motion by Pic�ard, secondea by �aske to refar the zoninq request back tp the County Planninq Commission for recoasidezation. Comiaissioner Sterua emphasiaed thQ Coanty Commission is the deCi9lon making body not the Flanning Commisaion. Tng Planninq Commissi0n has �tudied this request severai tirgs. Pickard anQ vdske withdrew their motion and second. eeing no furtFier dis�ussioa, motiorc by Sternd, seconaed by Vaske te approva the reaoning from Agr!'cultura� District to a B-2 Fzlnqe Dlstrict. vpon roli call votn - °Aye"-Sterud, "Aya"-Pfckard, 'Aye'-Vaske, "Aye'-Gdzson, and "Nay"-Telkamp. Motlon carrfQd. Couaty Weltare tiirector Lionel Torgrude discussed County assistanca. Motion by Pickarfl, seconded by Sterud to apQrove Counep dbsistance applie3tions as rncoam�ended by tha W'elf�re Director. All voting 'Aye.' Case 94-040 for medical aas approved for hoapital bill; �ase 94-a5� for meQiCdl was dpproved; casa 94-031 for electrfCity and gas wae approved; and casa 94-052 fer etectricity was denleQ. DireCtvr of Equalisatiorl $eryle Sessioas aet wfth the Board. Mot�oe bp Pfckard, seconded by Sterud to go into e:ecutive session at 11:10 a.m. All voting 'Aye." Chairpersort Larson deciared executi�e sessloa over at 1Z:Z6 a.m. Reaeon - PersonnQl mattere. ExLensio� Aqents Rose Stee 3nd Mel Kloster mQt uith tha 8oard to present t�e Jan.- Feb.-Mar. 1994 8ullet Reports. ADJOURNMENT Chairperson E.arson declared tha moe[inq adjouraed at 12:01 p.m. The Board Nill aelt at 9:Od a.m. on MaY 10, 1994. it is tht �olicy af Brookinqs Cour►ty, 5outh Dakota not to discriminate aqainat the Handicapped ie� Employment or the Provtston of Service. The County o! Brookirtgs is responsive to requests for communication aids and the neQC t0 pzovide approprsate acce�s, and will providc alternative formate and accessib2a lacations Consisten[ wlth the Americans' xith Disabilities Act. Sara xneip, County AuditoY BROOKINGS COUNtY CQt�tISSIONERS PROCEEDINGS May 10, 1994 The Board of CountY Commisazonera met in regular session on i�ay t0, 2944 at 9:00 a.m. with the fol2owiaq members present: Pi�kard. Sterud, Telkamp, vaske anQ Couatp AudLtor Saxa Knnip. Coa�miasioner Laraon �+as abseat tor gQrsonal rensons. Also presaat were ' depertment hends: Emerqency Management Director rodd Struxe, Sheri!! Gordon Ribscaln, Director of Equa2ization Beryle 3essions, �lalfara birector Livnel 'forgrudQ, Hwy. Supt. Tec1 Egqebranten, State'a Attorney Clyde Ca2hoon, and zoning oLitCer David Rusten. PQrlodtCally hiqh school sludents Chad biosiey, Dana varpnesa, Mack rtiller, ana iieathQr Neu observed the Coa�mission proceedinqs. Vice-Chairperson Barbara Te2kamp call�d tl�e meetiag to order. Post-!t'°brand i transmitta!memo 7671 +►o�P.a�, ► ' � 7 F.om � • ` 1 1 i GG Co. Co. ` Ospt. ahone N Fax s F�x,� i �