BROOKINGS – Brookings City Council will discuss medical cannabis and gasoline prices in the city during a study session scheduled for 5:30 p.m. Tuesday at the Brookings City & County Government Center.
There will also be a COVID-19 update from City Manager Paul Briseno.
A study session is only for discussion. The council does not take any votes or take any decisions.
No public comment will be recorded, but "the public is encouraged to speak to the council before the meeting," said City Secretary Bonnie Foster.
The agenda, with all attachments and notes, is available on the city's website at cityofbrookings.legistar.com.
Medical marijuana
During the August 10 session, the council tabled two medical cannabis ordinances: Ordinance 21-027, which sets out the number of medical cannabis facilities in the city, and Ordinance 21-028, which sets out procedures for licensing dispensaries for medical cannabis in the city sets city.
A study session was requested to adequately discuss the proposed ordinances regulating the quantity, zoning and licensing of marijuana plants.
"The Council's desire to limit the number of pharmacies, manufacturing, testing and cultivation facilities will guide the development of regulations," says an appendix.
"The measure initiated (IM26) provides for the South Dakota Department of Health to establish rules for medical cannabis facilities by October 29, 2021 at the latest," said a memo from Briseno.
“The Ministry of Health published a draft rule in the week of June 21st. The Department of Health regulations relate to licensing requirements and guide local communities to license cannabis establishments. However, the local communities are responsible for determining the time, place and location of the cannabis facilities, ”says Briseno's memo.
“Over the past few months, the staff has done extensive research, working with peer cities in South Dakota and the League of Municipalities to draft the proposed regulations,” says Briseno's memo.
Briseno's memo outlines Ordinance 21-025, which sets zoning regulations for cannabis operations, including state laws and locally recommended business and light industrial areas.
Briseno's memo also outlines Ordinance 21-027, which sets out the number of pharmacies, manufacturing, testing, and growing facilities permitted in Brookings.
“IM26 requires approval from at least one pharmacy. The city can ban manufacturing, testing and cultivation facilities or stipulate the permitted amount, ”says Briseno's memo.
“This point will be presented at a working session so that the city council can further discuss the proposed marijuana ordinances. The discussion will provide guidance to staff on how to properly adjust the regulations. City worker and advisor Bill Efting, a former Colorado city manager, will answer questions from the council about the recommended ordinances, ”says Briseno's memo.
"The main point of interest heard at previous meetings is the number of pharmacies, manufacturing, testing and cultivation facilities allowed," says Briseno's memo.
“If there is a desire to limit the amount, the city's employees recommend doing this by buffering between the facilities within the framework of the Land Use Ordinance. The Council should take into account the reasonable spacing between bodies. The staff also recommend reviewing such a regulation 18 months after its implementation, ”says Briseno's memo.
"Regulations 21-027 and 21-028 must … be adapted if the Council does not wish to regulate the number of pharmacies, manufacturing, testing and cultivation facilities," says Briseno's memo.
Fuel prices
An appendix has a graph showing gas prices by county across the state as of Aug. 12. Brookings has gas prices ranging from $ 3,111 to $ 3,049. Other prices range from $ 2,777 to $ 3,642, with higher prices generally being in western counties. Lower prices are generally found in the southeast or mid-north of the Aberdeen counties.
“Fuel sold in South Dakota is subject to fuel consumption tax. This tax is used to finance the maintenance and construction of state roads, bridges and other structures. The current fuel price is $ 0.30 per gallon. Ethyl, methyl and biodiesel / blends are billed at a lessor's rate, ”says a memo from Briseno.
“According to the South Dakota Department of Revenue, fuel sold within the City of Brookings is not subject to the 2% local sales tax. There are very few cases where sales tax is paid on gas purchases, ”says Briseno's memo.
“The city is responsible for maintaining the 242-mile network of roads. The roads division's operating budget is $ 2.4 million and the capital expenditure budget for road investments is $ 1.9 million. This expense is mainly financed by the local sales tax of 2% on goods sold. Again, this tax is not levied on fuel, ”says Briseno's memo.
“The state's excise tax will not be redistributed to the City of Brookings. The state uses this income for the state infrastructure, ”says Briseno's memo.
“Employees don't know how to set the price per gallon of fuel. There is no known regulation that gives the city the ability to influence the price of fuel sold, ”says Briseno's memo.
Contact Jodelle Greiner at (email protected)