HomeMy WebLinkAbout2021_08_24 CC MinutesBrookings City Council
August 24, 2021
The Brookings City Council held a meeting on Tuesday, August 24, 2021 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, Holly Tilton Byrne, Nick Wendell, 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
Consent Agenda.,A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by
the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
3.A. A c1tion to approve the agenda.
3.13. Action to approve the August 10 and August 17, 2021 City Council Minutes.
Introduction of new Cily employee. Michael Logan, new Swiftel Center General
Managler, was introduced to the City Council and public.
SDSU §tudent Association Report. Anna Shane, Government Affairs Chair for th
SDSU 'Students Association, provided an update on SDSU happenings to the City
Council and public.
Op-en,_Eorurn, Bradley Walker expressed concerns regarding the limit of 3 minutes for
public comments on agenda items.
Resolytion 21-072. A motion was made by Council Member Tilton Byrne, seconded by
Counci I Member Wendell, that Resolution 21-072, an Emergency Resolution Providing
Recommendations Deemed Necessary to Slow the Community Spread of Coronavirus
(COVID-19), be approved. Public Comment: Matt Olson, Bradley Walker, Dr. Hieb,
Jeannette Gibbons, Carissa Vassler. The motion carried by the following vote: Yes: 5 -
Niemeyer, Bacon, Wendell, Tilton Byrne, and Avery; No: 2 - Brink, and Collins.
Resolution 21-072 - An Emergency Resolution Providing Recommendations Deemed
I Necessary to Slow the Community Spread of Coronavirus (Covid-1 9).
Whereas, the City of Brookings has previously adopted emergency ordinances and
recommenaaTions consistent with the advice of the Centers for Disease Control (CDC
to slow, the spread of COVID-1 9; and I
Whereas, the City continues to address the COVID-1 9 pandemic, a public health
emergency, and is authorized to enact further public safety requirements and
restrictions on public gatherings that it deems necessary to address the current publij,
health emergency; and I
Whereas, the purpose of social distancing requirements is to slow the spread of disease
so thatIthe State and City's healthcare system are not overwhelmed; and
Whereas, greater than 90% of the cases recently identified in this region were the Delta
variant, which is more infectious, even in vaccinated individuals; and
Whereas, Brookings County has realized an increase in COVID-19 cases and is now in
high community spread with the lack of vaccinations among certain age groups; and
Whereas, fully vaccinated people with Delta variant breakthrough infections can also
spread the virus to others, and unvaccinated persons remain the greatest concern; and
Whereas, the CDC and the American Academy of Pediatrics recommend that eligible
individuals should receive the COVID-19 vaccine; and
Whereas, according to the Center for Disease Control and Prevention, there is a need
to increase COVID-19 vaccination coverage and to encourage use of masks in public
indoor places in areas of substantial or high transmission;
Now, Therefore, Be It Resolved by the City of Brookings, that based on current
knowledge of the Delta variant of COVID-19, vaccine effectiveness, and currentvaccine
coverage, that further prevention strategies are now needed to reduce the transmission
of the Delta and other variants, and that the following recommendations, effective upon
adoption and publication of this Resolution, should be implemented to control the
spread of COVI D-19 within the City of Brookings:
1 Indoor masking should be used when social distancing cannot be achieved
regardless of vaccination status.
2. All individuals two years and older wear face masks (unless medical or
developmental conditions prohibit the use).
3. All eligible individuals should receive the COVID-19 vaccine.
4. Stay six (6) feet away from others whenpossible.
5. Avoid crowds and poorly ventilated areas.
6. Wash your hands, and clean and disinfect areas often.
7. Cover coughs and sneezes.
8. Monitor your health daily and follow the Center for Disease Control and
Prevention guidance if symptoms develop.
In addition to the specific recommendations listed above, businesses should operate in
a manner consistent with CDC guidelines and any applicable state regulations and the
Governor's Executive Orders to address the recent increases in COVID-19 infections.
This Resolution shall continue until it is amended or repealed.
Be It Further Resolved by the City of Brookings that this resolution is considered
necessary for the immediate preservation of the public peace, health and safety of the
City, and is therefore effective upon passage andpublication.
FIRST READING — Ordinance 21-030. An introduction and first reading was held on
Ordinance 21-030, an Ordinance pertaining to an Application for Conditional Use Permit
to establish a Mixed Business/Residential Use in a Business B-3 Heavy District on Lot
1, Block 2 in Folsom Addition, also known as 530 1st Street South and Lots 2 & 3, Block
2 in Folsom Addition, also known as 110 6th Avenue South. Public Hearing: September
14, 2021.
FIRST READING — Ordinance 21-029. An introduction and first reading was held on
Ordinance 21-029, an Ordinance Authorizing Supplemental Appropriation No. 4 to the
2021 Budget. Second Reading: September 14, 2021.
FIRST READING — Ordinance 21-031. An introduction and first reading was held on
Ordinance 21-031, an Ordinance certifying the 2022 City of Brookings Property Tax
Levy to the Brookings County Finance Officer. Second Reading: September 14, 2021.
Temp2rary,Alcohol ApIglication. A public hearing was held on a Temporary Alcohol
Application from Eponymous Brewing Company and Schade Winery to operate within
the City of Brookings, SD, for the Disrupt HR Event to be held September 2, 2021 at
Pioneer Park, 104 6th Street West. A motion was made by Council Member Tilton
Byrne, seconded by Council Member Brink, that the Temporary Alcohol Application be
approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, Collins, and Avery.
Video Loftery -Request — Corner Pant ry #19. A public hearing was held on a request
for Video Lottery for MG Oil, dba Corner Pant 'ry" #191 921 20th Street South. Legal
description: Lot 7B, Block 13, McCleman's Addition. Pending permit issuance and final
inspection per the Community Development Department. A motion was made by
Council Member Brink, seconded by Council Member Wendell, that the Video Lottery
Request be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
ResoWtion 21-067. A public hearing was held on Resolution 21-067, a Resolution
amending the 2040 Comprehensive Plan's Future Land Use Map. A motion was made
by Council Member Collins, seconded by Council Member Brink, that the amendment
be approved. The motion carried by tne following vote: Yes: 7 - Niemeyer, Brink,
Bacm Wendell, Tilton Byrne, Collins, and Avery.
Resolution 21-067 - A Resolution Amending
the Brookings, SD Comprehensive Plan 2040
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-14t
adopted the Brookings, South Dakota Comprehensive Plan 2040; and
V`hereas, the Comprehensive Plan 2040 identifies a Future Land Use Map; and
Whereas, the ity Planniing Commission of the City of Brookings, SD has recommended
approval of amendments to the Future Land Use Map of the Brookings, South Dakota
Comprehensive Plan 2040 in accordance with SDCL 11-6-17; and
Whereas, the City Council of the City of Brookings, SD held a public hearing in
accordance with SDCL 11 -6-18 on proposed amendments to the Future Land Use Map of
the Brookings, South Dakota Comprehensive Plan 2040;
That said amendments to the Future Land Use Map of the Brookings South Dakota
Comprehensive Plan 2040 are hereby adopted by the City of Brookings.
Virding ce 21-025. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Ordinance 21-025, an Ordinance Establishing Zoning
Regulations for Cannabis Establishments, be removed from the table. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins', and Avery.
An amendment was made by Mayor Niemeyer, seconded by Council Member Avery, to
increase the distance between dispensaries to 1,500 feet throughout the City of
Brookings. The motion failed by the Ilowing vote: Yes: 3 - Niemeyer, Collins, and
Avery; No: 4 - Brink, Bacon, Wendell, and Tilton Byrne.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Brink, that Ordinance 21-025, an Ordinance Establishing Zoning Regulations for
Cannabis Establishments, be approved. The motion carried by the following vote: Yes:
4 - Brink, Bacon, Wendell, and Tilton Byrne; No: 3 - Niemeyer, Collins, and Avery.
Council Member Tilton Byrne requested and received clarcation from staff that this
ordinance will come back to the City Council for an additional reading to consider
additional recent revisions which were outlined during the meeting by Mike Struck,
Community Development Director, but had not yet been incorporated in the second
reading of the ordinance. Accordingly, an additional reading of the ordinance
incorporatina those proposed additional provisions will be required prior to final passage
and publication.
#rdinance 21-027. This Ordinance was not removed from the table, and therefore car
be brought back for a second reading at a later date.
Ordinance 21-028. A motfon was made by Council Member Wendell, seconded by
Council Member Brink, that Ordinance 21-028, an Ordinance Establishing Procedures
for theticensing of Medical Cannabis Dispensaries in the City of Brookings, be
removed from the table. The motion carried by the following vote: Yes: 7 - Niemeyer,
Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Wendell, that Ordinance 21-028, an Ordinance Establishing Procedures for the
Licensing of Medical Cannabis Dispensaries in the City of Brookings, be approved. The
motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, Collins, and Avery.
Resolution 21-069. A motion was made by Council Member Brink, seconded by
Council Member Collins, that Resolution 21-069, a Resolution for a Naming Rights
Request for the Larson Ice Center Red Rink, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
Resolution 21-069 - A Resolution approving a Naming Rights request to allow the
Red Rink at the Larson Ice Center to be named the First Bank and Trust Rink for a
period of 10 years
Whereas, the City of Brookings is the owner of the Larson Ice center located at 924 32nd
Avenue; and
Whereas, consistent with the goals of the City of Brookings' Strategic Plan to create a
connected community through fiscally responsible facility improvements; and
Whereas, the City of Brookings has received a naming rights request from the
Brookings Ice Skating Association to allow for the Red Rink at the Larson Ice Center to
be named the First Bank and Trust Rink for a period of 10years; and
Whereas, this action will allow for the fundraising for the Ranger Hockey Performance
Center.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the proposed naming request from the Brookings Ice Skating Association
be approved at the Larson Ice Center.
Revised Preliminary Plat. A motion was made by Council Member Brink, seconded by
Council Member Tilton Byrne, that a Revised Preliminary Plat for Lots 25-27D in Block
3; Lots 1-713 in Block 6; and Lots 1A -3C in Block 7; all in Arbor Hill Addition, be
approved. Public Comment: Joe Schulte, Jeff Kreal, and Justin Bucher. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins, and Avery.
Preflmina[y Plat. A motion was made by Council Member Brink, seconded by Council
Member Tilton Byrne, that a Preliminary Plat for Lot 1 in Block 1 and Lots 1, 2, and 3 in
Block 2 of Reserve Fourth Addition, be approved. The motion carried by the following
vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Resolution 21-068. A motion was made by Council Member Collins, seconded by
Council Member Brink, that Resolution 21-068, a Resolution Authorizing the acquisition
of real property for the 1-29 Exit 130 Interchange Project, be approved. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins, and Avery.
Resolution 21-068 - Authorizing the Acquisition of Real Property
for the 1-29 Exit 130 Interchange Project
Be It Resolved by the City Council of the City of Brookings, South Dakota as
follows:
Whereas, for the purpose of acquiring real property for the 1-29 Exit 130 Interchange
Project, the City of Brookings desires to acquire from John H. Mills, the following
described property:
m
Lot H1 and Lot H2 in R'Surene Morgan Farm Addition to the County of Brookings
in Government Lot Four (4) of the Northwest Quarter (NW%) of Section Six (6),
Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5 th
P.M., County -of Brookings, State of South Dakota. Said Lot H1 containing 0.02
,f,,..,cres (916 sq. ft.), more or less. Said Lot H2 containing 0.71 acres (30738 sq.
ft.), more or less.
Description of land to be acguired for a tempora[y easement CT r: YIN.
A parcel in R'Surene Morgan Farm Additionto 'the County of Brookings in
oovernment Lot Four (4) of the Northwest Quarter (NWI/4) of Section Six (6),
Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5ti
17W.M., County of Brookings, State of South Dakota, as shown on Attachment "A"
0 the Plan documents. Said T.E. containing 1.0 acre (43167 sq. ft.), more or
.ess, and
��escri tion of land to be acguired for a permanent easement ("P.E."):.
Surene Morgan Farm Addition to the County of Brookings in Government Lot 4
f the Northwest Quarter (NW1/4) of Section Six (6), Township One Hundred
line (109) North, Range Forty-nine (49) West of the 5 th P.M., Brookings County,
k
iouth Dakota, as shown on Exhibit "A" of the Plan documents. Said P.E.
tintaining 0.03 acre (1215 sq. ft.), more or less, and
Whereas, the City of Brookings has determined that the above-described property im
necessary to facilitate the construction of the it Exit 130 Interchange Project; andl
Whereas, the above-described real property has been the subject of negotiations
between the City of Brookings and John H. Mills, and an agreement as to the terms of
purchase of real property and a purchase and temporary and permanent easement
acquisition price of $68,217.00 has been reached;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South,, Dakota, as follows:
That the City of Brookings acquire title, temporary and permanent
easement(s) to the above-described real property from John H. Mills for the
purposes set forth herein; and
That the Mayor, City Clerk, City Manager and City Attorney are authorized t1#
execute the documents required to complete the acquisition of real property,
temporary and permanent easement(s) in accordance with this Resolution.
Citv of Brookings Progress Report. Jacob Meshke, Assistant City Manager, provided
progress report highlighting the City's activities/projects.
Adiourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Brink, that the meeting be adjourned at 8:08 p.m. The motion carried by a
unanimous vote. Ji
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