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Home My WebLink AboutCCMinutes_2005_06_14 387 Brookings City Council June 14, 2005 The Brookings City Council held an action meeting on Tuesday, June 14, 2005 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Michael Bartley, Tim Reed, Julie Whaley, Ginger Thomson, and Michael Reitz. Acting City Manager Timothy Tompkins, City Attorney Steve Bxitzman, and City Clerk Admin. Assistant Bonnie Foster were also present. Consent Agenda. A motion was rnade by Whaley, seconded by Reed, to approve the consent agenda which included: 1. Adoption of the agenda as printed; 2. Action to approve a Special City Council Meeting on June 21, 2005; and 3. Approval of May 24�' City Council Minutes. All present voted yes; motion carried. Ordinance No. 13-OS—Parking in Streets. A motion was made by Bartley, seconded by Reitz, to approve first reading of Ordinance No. 13-05, amending Chapter 82 to the Code of Ordinances pertaining to parking in Streets. Discussion: Jessie Kuechenmeister provided a list of questions to be addressed. The City En�ineer will review the questions and provide a response at the public hearing on July 12` . All present voted yes; motion carried to approve first reading. Ordinance No. 14-OS-Rezonin�. Public hearing was held on Ordinance No. 14-05,rezoning the E485' of the NE'/,,NW'/4, exci. the N540' thereof of Section 1-T109N-RSOW from an Agricultural A District to a Residence R-1B District; and the W165',E650' of the NE'/4,NW'/4 excl. the N540' thereof of Section 1-T109N-RSOW from an Agricultural A District to a Residence R-2 District. All present were given the opportunity to be heard. Motion was made by Reitz, seconded by Whaley, to approve Ordinance No. 14-05. All present voted yes; motion carried. Ordinance No. 15-OS—Boardinghouse. Public hearing was held on Ordinance No. 15-05, a conditional use to establish a boardinghouse for four persons on the E73' of Lots 10 and 10A, and the W 150' of the S 1' of Lot 9, Block 3, First Addition. All present were given the opportunity to be heard. Motion was made by Whaley, seconded by Thomson,to approve Ordinance No. 15-05. All present voted yes; motion carried. Ordinance No. 16-OS-Rezonin�. Public hearing was held on Ordinance No. 16-05,rezoning Lot 8, Block 1, Insbrook Park Addition from a Residence R-1B District to a Business B-2A District. AII present were given the opportunity to be heard. Motion was made by Thomson, seconded by Reed,to approve Ordinance No. 16-05. All present voted yes;motion carried. Ordinance No. 17-OS-Rezoning. Public hearing was held on Ordinance No. 17-05,rezoning Outlot 13 in the SE%4, SWl/4 of Section 35-T1 l ON-RSOW from a Residence R-1B District to a Business B-2A District. All present were given the opportunity to be heard. Discussion: Dan Hanson said the Planning Commission unanimously voted to deny this request because they felt there was an adverse impact on neighboring properties and the rezoning would jeopardize future planning. The Commission recommended re-evaluation at a future date to consider splitting the property. Motion was made by Reed, seconded by Thomson,to approve Ordinance No. 17-05. All present voted no; MOTION FAILED. Preliminarv Plat—Bluegill Addition. Public hearing and action was taken on a preliminary plat of a portion of Bluegill Addition in the E %z,NW '/4 of Section 1-T109N-RSOW(This involves a future residential area So. of 20th St. So. and west of 17�'Ave. So.). All present were given the opportunity to be heard. Motion was made by Whaley, seconded by Bezdichek,to approve the plat. All present voted yes; motion carried. Malt Beverase Renewals. Public hearing was held on the following malt beverage renewals for 2005/2006. On-Off Sale Malt: Gonz Production,Inc. (Main St. Pub), 408 Main Ave.; Old Sanctuary, 928 4th St.; Guadalajara, Village Sc�uare Mall #1; Skinner's Pub 302 Main Ave.; King's Wok, 1819 6�" St.; Dakota Pub, 311 3` St.; Godfather's Pizza, 610 Medary Ave.; George's Pizza& Steakhouse, 311 Main Ave.; Danny's, 703 Main Ave. So.; Pizza Hut,418 6�' 388 St.; Barrell, 725 Main Ave. So.; Ray's Corner,401 Main Ave.; Carpy's Pub, 700 22°d Ave. So.; Edgebrook Golf Course, Rural Route l; Sixth St. Diner, 223 6th St.; So. Main Diner, 615 Main Ave. So.; Casino 2000, 622 25th Ave.; Swiftel Center, 824 32°d Ave.; PNP Pub, 318 2°d St. So.; Chevy Lounge, 303 Main Ave.. Package Beer(off-sale): Jim's Tap, 309 Main Ave; Safari Lounge, 421 Main Ave; Schoon's Pump-n-Pak, 202 S. Main Ave; Gas N Mor, 600 6t" St.; Kum & Go, 1005 6th St.; Kum& Go, 3045 LeFevre Dr.; BP of Brookings Inc., 2420 6�` St. ; Casey's General Store, 534 22°d Ave. So.; Casey's General Store, 620 8`h St. So.; Casey's General Store, 122 West 6th St.;Newman's Kerr McGee, 503 6th St.; Mick's Apco, 502 6`h St.; EconoFoods, 1721 6t" St.; Hy-Vee Food Store, 700 22°d Ave.; Citgo Mart, 2429 6t" St.; and Food-N-Fuel, 1203 Main Ave. So.. All present were given the opportunity to be heard. Motion was made by Reed, seconded by Thomson,to approve the 2005/2006 Malt Beverage Renewals. All present voted yes; motion carried. Old Sanctuarv Alcohol Ouerating A�reement. The City Council conducted their annual review of the malt beverage agreement for the Old Sanctuary located at 928 4th Street. The Council reviewed correspondence from the business/property owners and neighbors Tom and Jeanne Manzer. The review is mandated by the operating agreement between the city and the property owner due to its location in a residential neighborhood. Police Chief Tim Tompkins said there were some noise complaints regarding individuals on the front sidewalks of the property. The Police Dept. did respond, but the situation resolved itself either shortly before or after their arrival. No offensive reports were submitted. Reed recommended that the city have a conversation with the owners regarding people out front of the building. No action was taken. Resolution No. 48-OS—Convention Facilitv. A motion was made by Reed, seconded by Whaley,to approve Resolution No. 48-05,to temporarily designate the Park&Recreation Building and grounds as a Convention Facility. Discussion: There was a recommendation to consider a permanent designation for the site. All present voted yes; Reitz abstained; motion carried. RESOLUTION NO.48-OS RESOLUTION DESIGNATING THE PARK AND RECREATION CENTER AS A CONVENTION HALL WHBREAS,the Brookings City Ord.Section 5-21 "Temporary on-sale license for use at convention Hall",states"Any public convention center or hall designated by Res.of the City is hereby designated as a convention hall of the City for purposes of temporary on-sale alcoholic beverage licensing. The use of each convention hall by any person holding a temporary on-sale alcoholic beverage license shall be governed by the rules or regulations pertaining to each respective facility." WHEREAS, SDCL 35-4-14.2 further states there may be issued in any municipality one on-sale license to be operated at a designated convention hall,and WHEREAS,the Park and Recreation Center located at 221 Main Ave. is utilized for many different functions and events,and NOW,THEREFORE BE IT RESOLVED that the Park and Recreation Center be designated as a Convention Hall on August 26-27,2005. Temnorary Lipuor License-Firemen's Dance. Public hearing and action was taken on a temporary liquor license for the Park&Recreation site. All present were given an opportunity to be heard. Motion was made by Bartley, seconded by Reed,to approve the license. A11 present voted yes; Reitz abstained; motion carried. Resolution No. 47-05-Pioneer Park for Arts Festival. A motion was made by Reed, seconded by Thomson,to approve Resolution No. 47-05, designating Pioneer Park to the Brookings Summer Arts Festival Committee—July 6-11�'. All present voted yes; motion carried. RESOLUTION NO.47-OS A RESOLUTION AUTHORIZING THE BROOKINGS SUMMER FESTIVAL COMMITTEE TO HAVE EXCLUSIVE USE OF PIONEER PARK WHEREAS,the Brookings Summer Festival will be held in Pioneer Park on July 6-11,2005,and WHEREAS,the Summer Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival,plus additional days for preparation and take-down, and 38 � WHEREAS,the Summer Festival Committee has provided evidence of liability insurance coverage including the City of Brookings as named insured,and WHEREAS,the Summer Festival Committee has agraed to accept responsibility for the conduct of the Summer Festival on said premises,now therefore, BE IT HEREBY RESOLVED,that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 6 through July 11,2005. BE IT FURTHER RESOLVED,that the City Council does hereby grant the exclusive use of Pioneer Park and its faciiitias during the Brookings Summer Festival to the Summer Festival Committee. FURTHER,IT IS RESOLVED,that the Summer Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. East Central Communications Conncil E911 Budget. A motion was made by Whaley, seconded by Reed,to approve the East Centrai Communications Council E911 Budget. Discussion: Chief Tim Tompkins said when the countywide E911 system was established, the tax was taken off of the telephone. After that the Ciry and County entered into an agreement governed by ECCC. Each governing body is required to approve the annual budget. Reed questioned why the budget wasn't in the packet. Tompkins said the $140,000.00 comes directly into the Police Dept. Budget to be used for maintenance of equipment, etc. He adso commented that this is normally done at a joint meeting of the City and County, but timing was an issue. A motion was made by Reed, seconded by Thomson, to table. Bartley, Bezdichek, Reitz, and Whaley voted no; Munsterman, Reed and Thomson voted yes; motion failed. Tompkins noted that all expenditures must be approved by the E911 Council, then all those expenditures must be approved at a County Commission meeting. City Council action on the budget is required per the Joint Powers Agreement. All present voted yes; motion carried. Adiourn. A motion was made by Reitz, seconded by Whaley,to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:19 p.m. �ty oye c,ry o.f, ... ,o,� ��'• "�°y.`� �� y �� `O o�, �.� ��` unsterman,Mayor s .�. �> � H p K ZP `Jl?G?%" ' hari Thornes,City Cler