HomeMy WebLinkAbout2022_02_08 CC MinutesBrookings City Council
February 8, 2022
The Brookings City Council held a meeting on Tuesday, February 8, 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 Tilton Byrne, seconded by Council
Member Brink, 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. Cole Sartell asked for clarification on public comments made for items
listed on the agenda.
Consent Aqenda. 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 January 25, 2022 City Council Minutes.
B. Action to abate property taxes in the amount of $2,087.48 for Parcel #40365-
00600-002-05, Edward R. Brockhoft, owner. Legal description: North 135 feet of
Lot 2, Block 6, and a portion of Vacated Alley, Morehouse Addition.
C. Action to abate property taxes in the amount of $2,191.15 for Parcel #40458-
00700-010-00, Thomas Lombard, owner. Legal description: Lot 10, Block 7,
Pheasants Nest Addition.
D. Action to abate property taxes in the amount of $358.32 for Parcel #40490-
00700-003-00, Shawn Storhaug, E. Et. Ux, owner. Legal description: Lots 3 and
3Av 7th Railroad Addition.
E. Action to abate property taxes in the amount of $592.64 for Parcel #40504-
00300-010-00, Kathryn Clark, owner. Legal description: Lot 10, Block 3, Reserve
Second Addition.
F. Action to abate property taxes in the amount of $2,191.15 for Parcel #40256-
00300-006-00 Martin and Jennifer Wagner, owners. Legal description: Lot 6,
Block 3, Hunters Ridge Second Addition.
G. Action to abate property taxes in the amount of $1,048.97 for Parcel #40991-
40005-000-20 Madison Air Craft, LLC, owner. Legal description: Airport Hangar
on Leased Site Lot U-1.
H. Action to abate property taxes in the amount of $90.48 for Parcel #40999-
00009-065-00 Ryan Evans, owner. Legal description: Medary Village #65 (mobile
home on leased site).
1. Action to abate property taxes in the amount of $799.17 for Parcel #40517-
00400-003-00 George Faehnrich, Jr., owner. Legal description: Lot 3A of Replat of
Block 4, Sale Barn Addition.
J. Action to abate property taxes in the amount of $38.86 for Parcel #40970-11050-
354-05 Prairie Meadow Inc., owner. Legal description: Farmland in the Southeast
Quarter, excluding the West 113 feet, excluding Outlot A, excluding M6CIemans
Addition, and excluding the West 1,176 feet of the East 1,301 feet of the South 340
feet of Section 35-T1I ON-R50W.
K. Action to abate property taxes in the amount of $167.87 for Parcel #40970-
11050-354-00 Prairie Meadow Inc., owner. Legal description: Farmland in the
Northeast Quarter of the Southeast Quarter, excluding the South 300 feet thereof,
and excluding McClemans Addition.
L. Action to abate property taxes in the amount of $126.69 for Parcel #40338-
00100-000-00 Prairie Meadow Inc., owner. Legal description: Block 1, Block 5A,
Block 12, and Lot 4B of McClemans Addition.
M. Action to abate property taxes in the amount of $308.87 for Parcel #40487-
00000-000-00, John Mills, owner. Legal description: Lot H-1 and H-2, R-Surene
Morgan Farm Addition (2015 and 2019 22nd Avenue South).
I
N. Action on Resolution 22-014, a Resolution Designating Vote Center locations,
and the Appointment of Election Superintendents and Judges for the April 12,
2022 Combined Municipal / School Board Election.
Resolution 22-014 - Resolution Designating Vote Center Locations, and the
Appointment of Election Superintendents and Judges for the April 12, 2022 Combined
Municipal / School Board Election
Whereas, a City of Brookings Municipal Election will be held on April 12, 2022 for one
City Council Member seat (1 -year term), one City Council Member seat (2 -year term),
and two City Council Member seats (3 -year terms); and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Judges and set their rate of compensation; and
Whereas, as required by SDCL 12-14-1, the City Council must designate the Vote
Center locations; and
Whereas, the following election workers are hereby appointed at the following rates of
compensation: Superintendents $14.50 per hour; judges $14.00 per hour; Election
Training $25.00 flat fee; Resolution Board $20.00 per hour; On -Call and Alternates
$50.00 flat fee; and Election Night Worker $50.00 flat fee.
VOTE CENTER 1 — Brookings Activity Center, 320 5th Ave.: Superintendent Norma
Linn, and Judges Diane Spencer, Mardell Colbeck, Gloria Miller, and Nancy Thompson.
VOTE CENTER 2 — Bethel Baptist Church, 714 17th Ave. So.: Superintendent Sue
Knutzen, and Judges Kathy Waddell, Deb Waltman, Julie Erickson, and Linda Thaden.
VOTE CENTER 3 — Holy Life Tabernacle Church, 241 Mustang Pass: Superintendent
Bobbe Bartley, and Judges Ellen Herrboldt, and Mary Kees. VOTE CENTER 4 —
Aurora Little Hall, 101 Nicoleft St.: Superintendent Ron Thaden, and Judges Linda
Schamp and Kari Stevens. EARLY/ABSENTEE VOTE CENTER — City & County
Government Center, 520 3rd St. — Superintendents Peggy Whalen and Diane Spencer.
ABSENTEE VOTE CENTER PROCESSING — City & County Government Center, 520
3rd St., Room 300: Superintendent Larry Hult, and Judges Ken Ahartz and Sue
Sackman. Alternate: Barb Meyer. RESOLUTION BOARD — Superintendents David
Peterson and Larry Hult. Alternate: Ken Ahartz. ON-CALL WORKERS and
ALTERNATES: Peggy Whalen, Barb Meyer, Cathy Enlow, and Dolores Canaday.
ELECTION NIGHT WORKER — Terry Heidemann ($50.00 flat fee).
O. Action on Resolution 22-012, a Resolution Adopting the Brookings Regional
Airport Bid Protest Procedures.
Resolution 22-012 - Resolution Adopting the
Brookings Regional Airport Bid Protest Procedures
Whereas, the Federal Aviation Administration (FAA) is requiring South Dakota Airports
to adopt procedures to address protests filed by bidders for projects funded by the FAA;
and
Whereas, the City of Brookings has developed a Bid Protest Procedure to comply with
the FAA Project Document requirements; and
Whereas, this policy will help inform all parties involved in bidding airport projects
involving competitive bidding, and establishes fair procedures to resolve differences
among participants in the airport bidding process, further advancing transparency and
good government.
Now, Therefore, Be It Resolved that the Brookings Regional Airport Bid Protest
Procedures are hereby adopted.
Proclamation. Mayor Niemeyer presented a Proclamation recognizing February 11,
2022 as 211 Helpline Center Day. Heidi Gullickson, United Way Executive Director,
and Brianna Doran accepted the Proclamation.
Mayoral Proclamation
Whereas, the 211 Helpline Center is making lives better by giving support, offering
hope and creating connections statewide 24/7; and
Whereas, the 211 Helpline Center serves thousands of people every year by
connecting individuals to resources and support, providing child care referrals,
managing a volunteer database, offering hope to individuals with thoughts of suicide
and connecting families in need of critical resources; and
Whereas, the helpline makes the social services ecosystem more efficient, by
ensuring people in need are connected to crucial agencies; and
Whereas, the process of getting 211 designated as a human and social services
referral line was spearheaded by United Way many years ago; and
Whereas, Brookings is encouraged to use the human and social services referral
hotline by dialing 2-1-1 or visiting wvwv.helplinecenter.org .
Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Friday, February 11, 2022 as 211 Helpline Center
Day.
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.
2022 Outside Agency Funding. A motion was made by Council Member Brink,
seconded by Council Member Bacon, that the 2.022 Outside Agency Funding
recommendations, be approved. An amendment was made by Council Member Collins,
seconded by Council Member Tilton Byrne, to fund the following 3 mental health
programs at 50% of requested funding and to use City Council Financial Policy Project
Reserve Funds for the funding source: Brookings Empowerment Project, Avera
Behavioral Health, and Brookings Behavioral Health and Wellness. The motion carried
by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins,
and Avery. On the original motion, as amended, the motion carried by the following
vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Agency Name / Program
2020
2021
2022
2/8/2022
-Funding
Fundinq
Request
Approved
Brookings Area Transit Authority BATA
$95,000
$115,000
$115,000
$105,000
Bos & Girls Club
$75,000
$75,000
$75,000
$65,000
Crime Stoppers
$2,000
$2,000
$2,000
$1,000
Brookings Behavioral Health & Wellness BBHW
$20,000
$15,000
$50,000
$25,000
Habitat for Humanity
$0
$21,000
$35,000
$19,000
Great After -School Place GAP
$0
$0
$20,000
$4000
Brookings County Youth Mentoring BCYM
$6,000
$7,000
$8,000
$6,000
Domestic Abuse Shelter
$0
$0
$25,000
$15,000
East Central Court Appointed Special Advocate
$0
$3,000
$5,000
$2,000
Program CASA
Helpline Center
$0
$1,000
$1,000
$1,000
Brookings Empowerment Project BEP
$2,500
$2,500
$4,000
$2,000
Avera Behavioral Health
$0
$0
$30,000
$15,000
TOTALS
$200,500
$241,500
$370,000
$ 260,000
Ordinance 22-002. A public hearing was held on Ordinance 22-002, an Ordinance
amending Chapter 94, Zoning, pertaining to Section 94-125.7, Residence R-1 D Single -
Family for the Purposes of Adding Regulations for Single -Family, Small Lot, and Single -
Family Zero Feet Side Yard - 2 Units, Small Lot as permitted Special Uses. A motion
was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that
Ordinance 22-002 be approved. Public Comment: Dan McCulley. The motion carried
by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins,
and Avery.
Ordinance 22-003. A public hearing was held on Ordinance 22-003, an Ordinance to
rezone within the Joint Jurisdiction Area, Outlot C (3823 Main Avenue South) and Outlot
D (portions of 3901 Main Avenue South) in the Northwest Quarter of the Southeast
Quarter of Section 11, Township 109 North, Range 50 West, from Joint Jurisdiction
Residence R -3A Multiple -Family and Mobile Home District to Joint Jurisdiction Business
B-3 Heavy District. A motion was made by Council Member Collins, seconded by
Council Member Tilton Byrne, that Ordinance 22-003 be approved. The motion carried
by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins,
and Avery.
Ordinance 22-004. A public hearing was held on Ordinance 22-004, an Ordinance to
Permit by Conditional Use an apartment building on Outlot E (130 9th Street) and the
East 100 Feet of Outlot F in Parkdale Home Addition and the North 100 feet of Lots Six
and Seven in Block Five of Oyloe's Addition (1249th Street). A motion was made by
Council Member Brink, seconded by Council Member Collins, that Ordinance 22-004 be
approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, Collins, and Avery.
Ordinance 22-005. A public hearing was held on Ordinance 22-005, an Ordinance to
Permit by Conditional Use an office building on Outlots B and S of Section 23, Township
110 North, Range 50 West. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Brink, that Ordinance 22-005 be approved. The
motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, "Collins, and Avery.
Ordinance 22-006. A public hearing was held on Ordinance 22-006, an Ordinance
amending Chapter 94, Zoning, and Chapter 66, Planning, pertaining to Sections 94-42
through 94-45 and Sections 66-13 through 66-16, authorizing the Planning Commission
to act as the Board of Adjustment. A motion was made by Council Member Tilton
Byrne, seconded by Council Member Wendell, that Ordinance 22-006 be approved.
The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, Collins, and Avery.
Resolution 22-013. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 22-013, a Resolution Authorizing the
Licensing of Shangri-La SD, LLC, dba Shangri-La Dispensary, as a Medical Cannabis
Dispensary in the City of Brookings, be approved. Public Comment: Patty Dexter, TJ
Cameron, and Kristopher Osterloh. The motion carried by the following vote: Yes: 7 -
Niemeer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Resolution 22-013 - A Resolution Authorizing the Licensing of Shangri-La SD, LLC, dba
Shangri-La Dispensary, as a Medical Cannabis Dispensary in the City of Brookings
Whereas, Shangri-La SD, LLC, dba Shangri-La Dispensary, submitted an Application
and Application Fee for a Medical Cannabis Dispensary License to the City of
Brookings; and
Whereas, the City of Brookings has reviewed the Shangri-La SD, LLC, dba Shangri-La
Dispensary, Medical Cannabis Dispensary License Application, and has determined
that the Application satisfies the requirements of Ordinance 21-028, an Ordinance
Establishing Procedures for the Licensing of Medical Cannabis Establishments in the
City.
Now, Therefore, Be It Resolved as follows:
1) That a City of Brookings Medical Cannabis Dispensary License be issued to
Shangri-La SD, LLC, dba Shangri-La Dispensary, subject to an inspection by the
City of Brookings prior to Shangri-La SD, LLC, dba Shangri-La Dispensary,
commencing operations; and
2) That an inspection of Shangri-La SD, LLC, dba Shangri-La Dispensary, facilities
and review of their operational plans be completed by the City Manager or his
authorized representative(s) following completion of their facility and prior to
operation, with operation contingent upon satisfactory inspection results; and
3) That a City of Brookings Medical Cannabis Program Licensing Certification and a
South Dakota Medical Cannabis Program Local Government Compliance
Certification be issued by the City Clerk; and
4) That the South Dakota Department of Health be furnished all documents
pertaining to the Shangri-La SD, LLC, dba Shangri-La Dispensary, Application
and City of Brookings Medical Cannabis Dispensary License.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Collins, to enter into Executive Session at 6:51 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, and SDCL 1-25-2.5 for purposes of discussing marketing or pricing strategies
by a board or commission of a business owned by the state or any of its political
subdivisions, when public discussion may be harmful to the competitive position of the
business. Present: City Council, City Attorney, City Manager, Assistant City Manager,
and City Clerk. The motion carried by a unanimous vote. A motion was made by
Council Member Bacon, seconded by Council Member Collins, to exit Executive
Session at 7:04 p.m. The motion carried by a unanimous vote.
Adiourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Brink, that the meeting be adjourned at 7:05 p.m. The motion carried by a
unanimous vote.
ATTEST:
B i6 !ester, City Clerk
CITY�OF BRte NGS
0-64ke G. Niemeyer, Mayor