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Legal Notices

Posted on: July 30, 2021

[ARCHIVED] City Council Minutes: 07/13/2021

Brookings City Council

July 13, 2021 

 

The Brookings City Council held a meeting on Tuesday, July 13, 2021 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present:  Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Holly Tilton Byrne, Joey Collins, and Wayne Avery.  Absent:  Council Member Nick Wendell.  City Attorney Steve Britzman, Assistant City Manager Jake Meshke, and City Clerk Bonnie Foster were also present.

 

6:00 PM REGULAR MEETING

Consent Agenda.  A motion was made by Council Member Brink, seconded by Council Member Collins, to approve the Consent Agenda.  The motion carried by the following vote:  Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

3.A. Action to approve the agenda.

3.B. Action to approve the June 22, 2021 City Council Minutes.

3.C. Action on appointments to City Boards, Committees and Commissions:  Brookings Disability Awareness Committee:  appoint Aysia Platte (term expires 1/1/2022); Park & Recreation Board:  Reappoint Isaac Schulte (term expires 5/1/2022); Public Arts Commission:  appoint Julia Eberhart (term expires 1/1/2022); Sustainability Council:  appoint Albert Patin (term expires 1/1/2022).

3.D. Action on Resolution 21-057, a Resolution authoring the City Manager to sign documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant for the Brookings Municipal Airport.

Resolution 21-057 - A Resolution Authorizing the City Manager 

to Sign Documents for a ACRGP Grant for the Brookings Airport

 

Whereas, the City of Brookings desires financial assistance due to the COVID-19 public health emergency; and 

 

Whereas, the Brookings Airport is eligible for funding under the Airport Coronavirus Response Grant Program (ACRGP) to assist the airport in addressing the COVID-19 public health emergency. 

 

Now Therefore, Be It Resolved that the Brookings City Manager is authorized to sign all related documents for the CARES Act Grant.

 

Open Forum.  Council Member Collins shared with the City Council and the public about the National Night Out event to be held August 3rd from 5:00 - 7:00 pm at Pioneer Park.

 

Resolution 21-056.  A motion was made by Council Member Bacon, seconded by Council Member Brink, that Resolution 21-056, a Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Resolution 21-056 - Resolution Awarding Bids on 

Project 2021-02STA 15th Street South and 7th Avenue South Project

 

Whereas, the City of Brookings opened bids for Project 2021-02STA 15th Street South and 7th Avenue South Project on Thursday, July 1, 2021 at 1:30 pm at the Brookings City & County Government Center; and 

 

Whereas, the City of Brookings has received the following bids for the 2021-02STA Street Maintenance and Overlay Project: Bowes Construction, Inc.- $2,628,516.46 and Midland Contracting, Inc.- $2,783,823.22. 

 

Now, Therefore, Be It Resolved that the total low bid $2,628,516.46 for Bowes Construction, Inc. be accepted.

 

FIRST READING – Ordinance 21-021.  An introduction and first reading was held on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health.  Second Reading: July 27, 2021.

 

FIRST READING – Ordinance 21-024.  An introduction and first reading was held on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive.  Public Hearing: July 27, 2021.

 

FIRST READING – Ordinance 21-025.  An introduction and first reading was held on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments.  Public Hearing: July 27, 2021.

  

A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, to amend Ordinance 21-025 to reduce the distance between establishments from 1,000 feet to 300 feet.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Ordinance 21-022.  A public hearing was held on Ordinance 21-022, an Ordinance amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications.  A motion was made by Council Member Brink, seconded by Council Member Collins, that Ordinance 21-022 be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Ordinance 21-023.  A public hearing was held on Ordinance 21-023, an Ordinance amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change.  A motion was made by Council Member Bacon, seconded by Council Member Brink, that Ordinance 21-023 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

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 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street.  A motion was made by Council Member Avery, seconded by Council Member Collins, that the site plan for 418 6th Street be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Commercial Corridor Design Review Overlay District Site Plan.  A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan for 1402 / 1404 6th Street, CD Properties, LLC, owner.  A motion was made by Council Member Collins, seconded by Council Member Brink, that the site plan for 1402/1404 6th Street be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Temporary Alcohol Application.  A public hearing was held on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Avenue.  A motion was made by Council Member Brink, seconded by Council Member Bacon, that the Temporary Alcohol Application for November 5, 2021 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

On-Off Sale Malt License.  A public hearing was held on a request to transfer an On-Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra, 824 32nd Avenue.  Legal description: Blocks 4-5, Wiese Addition.  A motion was made by Council Member Brink, seconded by Council Member Collins, that the On-Off Sale Malt License be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Resolution 21-039.  A public hearing was held on Resolution 21-039, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Global Spectrum, LP, dba Spectra Management Services at the Swiftel Center, 824 32nd Avenue.  Legal description: Blocks 4-5, Wiese Addition.  A motion was made by Council Member Avery, seconded by Council Member Brink, that Resolution 21-039 be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Resolution 21-039 - Wine Operating Agreement – new

Global Spectrum, LP, aka Spectra

 

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Wine Operating Management Agreement between the City of Brookings and Global Spectrum, LP, aka Spectra, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 824 32nd Avenue, legal description: Blocks 4-5, Wiese 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 ten (10) years, with a renewal in five (5) years.

 

On-Off Sale Malt License.  A public hearing was held on a request for an On-Off Sale Malt License for the Mosaic Wine Bar, 225 Main Avenue.  Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition.  Pending permit issuance and final inspection per the Community Development Dept.  A motion was made by Council Member Bacon, seconded by Council Member Brink, that the On-Off Sale Malt License be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Resolution 21-055.  A public hearing was held on Resolution 21-055, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Mosaic Wine Bar, 225 Main Avenue.  Legal description: North 57.5 feet of the East 155 feet of Temple Block Addition.  A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-055 be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

Resolution 21-055 - Wine Operating Agreement – new

Mosaic Wine Bar, LLC

 

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Wine Operating Management Agreement between the City of Brookings and Mosaic Wine Bar, LLC, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 225 Main Avenue, legal description: North 57.5 feet of the East 155 feet, Temple Block 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 ten (10) years, with a renewal in five (5) years.

 

East Central Regional Communication Council Joint Powers Agreement (E-911) Amendment.  A motion was made by Council Member Collins, seconded by Council Member Avery, that an Amendment to the East Central Regional Communication Council Joint Powers Agreement, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

AMENDMENT TO THE EAST CENTRAL REGIONAL COMMUNICATION COUNCIL JOINT POWERS AGREEMENT

 

This Amendment to the East Central Regional Communication Council Joint Powers Agreement is made and entered into by and between the County of Brookings, South Dakota and the City of Brookings, South Dakota. 

 

Whereas, the parties did enter into a Joint Powers Agreement dated the 7th day of August, 2018 and the parties desire to modify Article VI pertaining to the Membership of Council of said East Central Regional Communication Council Joint Powers Agreement.

 

Now, Therefore, the parties to the above-referenced Agreement hereby amend said Agreement in the manner set forth below. 

 

I.

The parties hereby amend Article VI, to provide as follows: 

 

VI. MEMBERSHIP OF COUNCIL The Council shall consist of four members. These members shall be as follows: 

  1. The Chairperson of the Brookings County Board of County Commissioners, or their authorized representative; 
  2. The Brookings Police Chief, or their authorized representative; 
  3. The Vice-Chairperson of the Brookings County Board of County Commissioner, or their authorized representative; and 
  4. The City Manager, or their authorized representative. 

 

An authorized representative shall inform the other members of the Council that they are acting in the place of a Member. An authorized representative shall have the same authority as any member of the Council, including the power to vote on matters before the Council. 

 

II.

The parties hereby ratify and confirm all other provisions of the East Central Regional Communication Council Joint Powers Agreement dated the 7th day of August, 2018 and hereby affirm their intent to have said East Central Regional Communication Council Joint Powers Agreement, as amended, remain in full force and effect.

 

Resolution 21-058.  A motion was made by Council Member Collins, seconded by Council Member Avery, that Resolution 21-058, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

(Resolution 21-058 was published separately from City Council Minutes on 7/16/2021.)

 

Resolution 21-059.  A motion was made by Council Member Brink, seconded by Council Member Avery, that Resolution 21-059, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

(Resolution 21-059 was published separately from City Council Minutes on 7/16/2021.)

 

Resolution 21-060.  A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-060, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

(Resolution 21-060 was published separately from City Council Minutes on 7/16/2021.)

 

Resolution 21-061.  A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-061, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved.  The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell.

 

(Resolution 21-061 was published separately from City Council Minutes on 7/16/2021.)

 

Council Member Introduction of Topics for Future Discussion.  A motion was made by Council Member Collins, seconded by Council Member Bacon, to have a discussion around gas prices in Brookings on a future Study Session.  The motion carried by the following vote: Yes: 4 - Niemeyer, Bacon, Tilton Byrne, and Collins; No: 2 – Brink and Avery; Absent: 1 – Wendell.

 

Adjourn.  A motion was made by Council Member Brink, seconded by Council Member Collins, that the meeting be adjourned at 7:04 p.m.  The motion carried by a

unanimous vote.

 

CITY OF BROOKINGS

 

 

__________________________

ATTEST:                                                                                Oepke G. Niemeyer, Mayor

 

 

__________________________

Bonnie Foster, City Clerk

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