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HomeMy WebLinkAboutCCMinutes_2006_01_17 37 Brookings City Council January 17, 2006 The Brookings City Council held a Strategic Planning Retreat on Tuesday,January 17,2006 at 4:00 p.m.,at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,Michael Bartley,Julie Whaley, Ginger Thomson,Tim Reed,and Michael Reitz (arrived 4:36 p.m.) Ciry Manager Alan Lanning, City Attorney Steve Britzman,and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Reed, seconded by Thomson,to enter into Executive Session to consult with legal counsel on contractual issues at 4:05 p.m.with Council, City Manager, City Attorney,and City Clerk present. A motion was made by Baxtley, seconded by Whaley, to e�rit Executive Session at 4:30 p.m. DM&E. Lanning repoxted that the final Surface Transportation Board supplemental ruling states that no other mitigation efforts will be required on the paxt of DM&E. The ruling recommends the establishment of comtnuniry liaisons to assist communities in establishing quiet zones. At the January 10�'City Council meeting Mayor Munsterman reported that he recendy met with Senator Thune in�lashington,D.C. At that meeting Senator Thune offered to provide assistance on coordinating mitigation efforts. Mayor Munsterman suggested the City Council discuss a plan of action at this meeting that may include bringing in a consultant. T'he Council also needs to identify what issues they want brought fonvard to the SD Congressional Delegation. Lanning asked the Council what they think the community needs axe in order to maintain an acceptable qualiry of life (i.e. quad gates and lowering the grade). He noted that a previous Council unsuccessfully pursued a bypass axound town. The Council must identify what the community needs and what it expects. There is a window of time to do this while DM&E is applying for their federal loan and our Congressional Delegation has offered to assist. Thomson agreed that it is important to consider what the communiry needs and wants but cautioned the Council not to rehash the issue. She said not signing a community partnerslup agreement with DM&E has resulted in Brookings losing opportunities for funding on particular items that DM&E would have helped pay fox. Now DM&E doesn't have any incentive to work with Brookings now that theq have approval from Surface Transportation Board. She said it is fine to go to the Congxessional Delegation to see what can be mitigated,but she asked if BYOOkings has gone to DM&E dixecdy. What we can do and what we want is really,what we are willing to pay for. The only mitigation DM&E is requited to do axe warning signs at two locations. Munste�nan said the Council should not think about who is paying for it and rather focus on what the communiry needs. Ba.rtley disagxeed saying who pays for it is extremely important now that it's not the railroad. He said the Council needs to decide what isn't funded,what we can ask for and when,and how to approach the Federal Delegation to secuxe fedexal financing and when. T'he liaison assigned to communities will help achieve federal grants for mitigation,but Brookings must decide what it can afford and what it wants. Costs must be assigned to the desired outcomes which would be forwarded to the legislatoxs. Whaley said the railroad has been heYe for a long time and isn't going anywhere. Her biggest concem is the fire and ambulance first responders getting across the tracks in time during an emergency. Heavy rains will close the 6`�'Avenue viaduct. Equipping the south station with ambulance service may need to be considered. There is also a safety issue pertaining to fences. Neighboxhood concerns may be eased by installing fences and lowering the train cax tonnage. Munsterman asked if an overpass on 22°a Avenue would solve the life safery issues. Reitz arrived (4:36 pm) � 38 Bartley said the studies need to include benefit ratios. With welded rail and the speed and number of times the train is stopped, an overpass wouldn't work well unless it is permanent. It would be more expensive at that location because of Yemoval of properties. Thomson said we already know what has been studied so the city shouldn't waste any more money on studies. Bardey disagreed saying nothing with any substantial value has been done. Reed proposed that the City Manager come up with recommendations and bring those forwaxd to the City Council Lanning said he sees the options as limited. There are not many creative things that can be done. From a safety standpoint,he recommended picking the appropriate intetsections for quad gate crossings to ensute those crossings are safe. Consideration of an over or underpass could be done at some location. He did not xecommend an overpass at 22°d Avenue due to the character of the location. He'd rather see multiple under passes. The 6`�'Avenue viaduct problem is potentially solvable with pumping. Fencing and sound barriers must also be investigated. There are some studies on sound barriers that indicate the sound is deflected a couple blocks away. He is confident that a bypass won't happen. He cited an article from Rochester in where it said federal officials are urging city officials to go back to DM&E and work through these issues. Lanning asked the City Council membezs where we go fxom here. He doesn't think DM&E will be unwilling to speak with us because the final ruling states community liaisons are required. He doesn't know what funding Brookings would qualify for until an application has been made and is successful. Bxookings has very limited options right now. Reed said the Council can approve the recommendations as a package which can be forwaxded to DM&E and our Federal Delegation. Munsterman asked if the Council wants to allow staff to do some seaxching on consultants and bring back recommendations. Thomson asked if the City hadn't spent enough on this issue al�eady. Britzman said the City has used consultants for specific reasons and received a fair amount of input from them. He recommended reviewing what has been done and learned for inclusion in the staff's analysis. We know what the national standards are for safety. The ideal is not an over or underpass for safety. The quadxant gates are standard and ideal for safety purposes. The staff should carry the ball and bring back a recommendation to the City Council. If we feel there are areas we don't understand or need further development,then the Council could then pursue moxe use of consultants. Lanning said he will go through the previous actions and come up with a recommendation. The timeline will be in the next 30 to 45 days. Promotions. The City Council shared their philosophical thoughts on what the T'hird`B" sales tax penny should do for the city. Bardey said the city has received a proposal from the Convention Visitor's Bureau to administer the funds in the pxomotional model. He felt this is probably how the Third B funds should be spent and used because that is how it was sold to the public. He doesn't have a problem with using their model as presented for 5 years per the contract. It gives the Council the ability to re-evaluate where the revenues are spent and how they are affected. The Council should make a determination if there are other areas that the funds should be used for. He said the CVB has done a good job with plan that the Council should give it serious consideration. Lanning said the Third B figures for 2006 axe estimates. We won't know what is collected until the end of 2006. The intent of the fund is to be self-supporting. He cautioned that the Ciry can't overspend the fund in any given year. Bartley said the City could have a big event that changes that nuxnber which more than likely the fund balance will grow. He doesn't have a problem with initial proposal as it falls withi.n budget projections. The funding level may have to change in the second year and the contract can be written that way. It is a five yeax contract for performance of the pxogxam. Funding is determuied by Resolution No. 83-04. T'he Third B funds are adjusted annually based on collections. Reed asked if ineasurements are identified for the CVB. Lanning said yes,they are contained in the proposal. 39 Lanning said as the Council embaxked on a new economic development model he didn't think this was the intent of the pYOmorional dollars. He questioned the Council if they were comfortable paying for personnel out of these funds. Bardey said the CVB is there to sponsor events that produce revenue for the city. One of the early concerns he heard dealt with the CVB not having enough funds to sponsor a larger event and that Brookings is under funded compared to other cities. When the T'hird B was pxomoted it was for that purpose. In his mind the CVB will sponsor events and other activities that will make Brookings recognizable. Reitz said in order to understand the Council's return on investment, the CVB must include all expenses including the number of hours to bring in an event. One event may cost$70,000 but it doesn't include"people costs." Reed noted that the CVB Dixector uses a"ROI" tool to decide if an event was worth the money that was invested. Reitz asked if everyone's time is included. Munstexman asked if that is what the Council wants the money to be used for. Deb Garbers,CVB Director, said the investment is a combination of advertising, cash, and complimentary items,but doesn't include labor. Bardey noted that a new assistant position is included in the proposal. Yes,that would be a"face" traveling the state promoting Brookings. Reitz said he didn't doubt the position would be a tool. But he said everything must be added into an evaluation to create a true ROI. Reed said there is so much that can be done with the city to help with a major event and it would be haxd to track it all down on paper. Staff would spend all their time doing measurements/accounting rather than getting an event done. Reitz said if they are spending more than getting back,it's not good use of money. Munsterman asked what the expectations were. Expectations will change how events are measured. Lanning said measuxements will be calculated similar to the Swiftel Center such as event days, reduction in costs,and sales tax revenue to the city. Reed said increasing sales tax revenues would be a measurement. Munsterman said as for the structure,the contract sets out criteria and a plan xegarding the fitst two "B's". Adding to that a�eement would be the management of the 3`d B xevenues to attract visitors and increase sales tax. The Council needs to look at the stnzcture of the promotions board which will be responsible for driving the entire planning,usage,budgeting,and brainstorming of the Third B. He noted that the SDSU student body will have three membets on the new boaxd. There ate also three different groups promoting Brookings. It makes sense for better coordination to bring all those functions into one body. If it does, should it be an independent body that is provided executives services through the Chamber (aka CVB Director) to carry that out? The Council also needs to think it through to define the city promotions so it is not promoting a certain group or geographic area. Bardey said thexe is already structure and he is not interested in selecting the people for that board. They should be selected by the appropriate people. The Ciry Council will appoint its one member. With representation from the Chamber,DBI, SDSU, Ciry Council, the size of the board maq need to change. Whaley said the Chamber and CVB do a good job and we know what to expect. The Council shouldn't be involved with it. Lanning said the economic development model's intent was to create an umbrella organization for available pxomotion funds and how those funds are spent. City Council Resolution No. 83-04, established the funding Ievel. 40 Reed asked if thexe was a separate funding line for the Swiftel Center. Lanning said their activities are included in the contract,but noted that it's a city building under private management and nothing would be affected with this board. Munsterman asked if there were any longer a need fox the Events Center Board that oversees the Swiftel Center. Lanning said when the agxeement was originally developed thexe was a need to advocate the facility and get it running. Now,with the number of years it as been running, the ECB may have outlived its useful shelf life. Issues and funding problems are resolved by the Ciry Manager. He questioned what their function is now and if it has gready dissipated,the board should be dissolved and the Center be brought under the city as an enterprise fund with reporting requirements ciirectly to ciry manager's office. Munsterman said he'd like to have a discussion with ECB members to get their opinion if the boaxd's purpose has diminished. Reed said originally there were concerns that the Center needed to be an"arms length" fxom city organization because it competed locally. Is that issue gone? Bardey said the Multiplex Boaxd's original intent as formed by the county and city was,at some point if evexpthing was paid, for the ownership to go to the private non-pxofit group (board) as a separate entiry. He said the only thing we now need from the Board is advocacy and not da.ily operations. However,he fears that if there was an issue that the Center needed advocacy,we currendy have proactive city manager and City Council,but that could change. The County has appointed members to the Board. In oxder for the ciry to dissolve the Board it would have to work with the County. Munsterman asked if there had been discussions with the County about the board. No. CVB Request-Direction to City Manager: - Pull everything that was heard into a proposal to present to the Ciry Council. - Broaden the agreement with Chambex to include 3rd B utilizing expanded CVB Board - Identify in agreement the make-up of board and appoinring authority. - TIMEI.INE: January 24`� or February 14�' Event Centex Boa.td- Direction to City Manager: - Have a discussion with County officials on what has been discussed and get their input on dissolving the Event Center Boaxd or a lesser role. - Determine if there are any legal reasons that we need to keep that Board. BMU Video Project. Lanning reviewed the draft BMU Fxanchise Agreement for video service. He will be meeting with the BMU manager and attorneys to xeview the agreement. A draft of the agreement will be included in the January 24�'council meeting. Lanning said the agreement is the same as Mediacom's. Howevex,in the following budget yeax he would request the city give wxitten notice to increase the percentage collected on gross xeceipts from 3%to 5%. He recommends going to 4%in 2007 and 5%in 2008. Reed said he thought the Council asked that question and the xesponse was that the fees couldn't be raised. Steve Britxman, City Attorney, said the Council is free to go to 5%;however,the franchise fee does pass thxough from the cable opexatox to the consutnexs. T'hat was the xationale why the percentage hadn't been changed. He noted that the cap is 5%. Most larger cibies are already at 5%, which is paid on the gross. Lanning said the city has also had issues on reporting of the gross and the Mediacom agreement states that they are required to submit xeports upon request and he wants to require manda.tory reporting with specific titmeframes for all franchise agreement holders. Thomson said the city has chosen not to increase the percentage collected on gross receipts for feax the cable opexator would pass those costs along to the consumer. However,when the city gets into the video business wouldn't it be logical to increase that fee? Lanning said the opexators have a finite number of consuxners available and it depends how much of the market they are capturing. Thomson asked if dish netwotk operators had the same requirements. No, they don't use the public right of away so they are exempt from franchise agreements. 41 Thomson asked if the City was going to require 5% from BMU rathex than the 3%. Lanning said the city would need to require the same amount from all providers. Munsterman said if BMU enters into that business, comperitors would lower their prices. This would be a good time to increase the fees. Bardey said he wasn't comfortable on voting on a franchise agreement for BMU. He said the Council needs to have a discussion about the fiber optic installation project and bonding needs. If the Council approves a video franchise without the medium to carry it, the Council is then forced to approve the later medium. He'd rather vote on fiber first or both issues together in later February or Maxch. Britzman said Mediacom's agreement could be modified because there is a paragxaph that addxesses updating the franchise when conditions have changed. The City doesn't'have to wait until the agreement is up for renewal. Zonin�/ Land Use Issues. Mayox Munsterman asked the Council to consider the growth of Brookings. He asked Al Heuton,BEDC Director, to review his thoughts. Heuton distributed maps to the Council. He said he has been trying to development a site availability data base that would be available to prospects in electronic format. BEDC has purchased GIS mapping and the county is allowing use of their property data base. The BEDC site con�unittee held a meeting to discuss land use fox commercial and industrial pxoperty and building ava�lability by reviewing the City's 2020 comprehensive zoning plan. Heuton said with the new development of Lowe's,land will be in real demand and there are not many places for retail or commercial development to locate. Most businesses want 6�'Street or by the interstate and there are no sizable parcels anywhere in those areas. Heuton said the city must also address how to solve the ttansportation issues. If the city continues to grow south in residential development and commexcial and industrial on other side of interstate, how does everything get there? To the south, two corners are in the floodplain. To the north it is more expensive and there axe no schools or parks. Given the land requests he has had,there won't be much land left for industrial and commercial uses. Heuton said a big discussion needs to occur to address Brookings' future gxowth. Finding more land for commercial and business development will result in more jobs,more people,moxe housing starts,more school enrollment, etc. The City must plan for this growth in oxder to support industries and their expansion plans,paxticularly with housing development. Munsterman said it would make sense to add into staff recommendations the concepts of the circulation pattern with Brookings growing to the south and mitigation on the ra.ilroad. Heuton noted that maps axe pxoduced on commuting patterns based on county local data. Anytlung beyond that would xequire workers'addresses. The Council asked about the process to get another interstate interchange. Dan Hanson,Planning and Zoning Administrator, said#129 mile markex is mentioned in the city's comp plan. The fedexal design funding policy xuns in 10 year periods. In 1990 the city bega.n working with SDDOT for a new interchange. In their 2000 plan, Sioux Falls received funding priority due to their high rate of growth. All towns in the state are competing for the same money. The state said they would look at it again in 2010. Howevex, Hanson doubts if Brookings has the traffic numbers needed for DOT to look at it seriously. The City Council needs a total picture of what land is available. South of 32°d Avenue will be difficult because the water ta.ble runs 5 feet underground. When the industrial parks were developed everyone thought there was enough availa.ble land,but it is haxd to pxedict the rate of industrial land needs. Reed asked if transitional"clustexing" such as is used for xetail and apartments could be used for industrial. No, the industrial zoning is more of an environmental placement due to the aquifer. Heuton noted that large�ban areas axe trying to cluster residential with industrial. 42 Bardey said there are constrictions by the water flood plan and how lots axe platted out. Most aze to the south and southeast. The most pressing issue is securing rights to properry needed for industrial development east of the interstate. The city must make serious financial commitments to lock properry down so it is available for further development. Unplatting industrial parks has been suggested to better meet businesses'needs. Heuton said determining what type of development should be promoted and recruited is also very important (i.e. large land mass needs or knowledge community). Munsterman said the limiting factor right now is land. T'he Reseaxch Park will consist of 125 acxes of higher education and newer economy that will create spin-off businesses. The City must re- evaluate how to use our land. Fox retail,the city should look for different uses on 6�'Street. Battley said several meetings were to gather community input for the 2020 comprehensive plan. It took 3 years because it hadn't been done since 1966. It could be updated with similar meetings and this focus of industrial and retail needs. The BEDC site development could be part of that discussion. Munsterman said the City Council needs to take a leadership role. He recommended joint meetings with the BEDC,Planniuig Commission, and other entities involved in the visioning process to outline a strategy. We have a growing community and we need to figvre out how to best utilize that land. Air�ort. Larming said the city is still moving forward with the master planning process that the City Council commissioned. The feasibility study has changed scope to a dual track study that will examine offsite and onsite alternatives. A dxaft of the environmental report is expected this week. The cost of the study will be$300,000,which is less than originally projected. Lanning said we want to be certain to study all the alternatives. The City still also has to forward its response letter to FAA. The letter has been e�cpanded to address short term mitigation. The 2006 AIP funds of$150,000 will help reduce the costs of the study. A budget adjustment will be needed for the remaining amount. It may be possible to use 2007 AIP funds for the second ha1f. The master plan is scheduled to be completed and published end of February after state and federal comments. : K � There were concerns that the timeline is beyond what was originally thought. Lanning said the staff is trying to supply the City Council with the appropriate information in ordex to make a decision about the airport,but we are in a status quo situation right now. Lanning said there will not be any procedural changes until all the information is gathered and a decision is made about the airpoxt. Lanning said the City must continue with letter to FAA to make sure the language is appropriately written to stay out of any forced mitigation efforts but still satisfy the FAA on path selected by the ciry. Munsterman asked if downsizing the airport was an option or can it be eliminated from the list. Reitz said he understands that the airport had to downsize on the current aligrunent,but what is it were realigned and kept at the 5,200 runway length. He'd rather spend$300,000 on that than a Sr�ay. Lanning said the city needs to replace the runway. For the Federal government to pay,the alignment must be based on need rather than compliance. The City still needs to do the envittonmental study process. Phase 1 of the study will evaluate off and onsite alternatives. Phase 2 will consist of further environmental steps. Phase 3 is the finding of no environmental impact. Reitz asked what the runway length was. Dame said they are looking at 5,500 to start with. The aixport is cuxrently 5,200 feet. Dame said a board consisting of the representatives of the FA.A,airport board,state,community, council, and BEDC will be created to look at specific airport proposals to gather public input. The overall process takes two years. 43 Bezdichek asked if the city is issuing any building permits fox new hangers. Yes. Munsterman noted there are currently parties affected in the RPZ. How are the parties and the RPZ affected if we look at runway realignment? Lanning said alternatives on tealignment and lengthening would remove affected propetties on southwest and southeast sides if the approach is changed. There are potential pxoperty impacts for approach suYfaces and runway that may include addirional pYOperties. The ovexall impact would be different propexties affected but less in number. Is thexe an obligation right now to purchase properties in RPZ zone as they become available? No. Lanning will provide updates on a monthly or bi-monthly basis. He noted that once the study begins,the Council will receive substantial information in a short period of time. The Mastex Plan will be distributed late February. At what point should land owners in RPZ know what will happen? They will be contacted in environmental process. Will it take two years fox a final decision? Yes. Thexe is no way we can change that to make it earlier? T'l�e city is coordinating with FAA,but until they see some progress through the terms of the next study,it's hard to give individuals in cutrent RPZ any help as to the information we have currendy have. We need to get furthex in the study. It is a process that has a life of its own. Once a decision is made and accepted by FA.A,it can help people know what the path is and how they are affected. But, the city must go through the entire process in order to gain support fxom federal and state officials since they would be providing substantial money for the project. 2006 Goa1 Setting Retreat. A City Council goal settrng retreat was scheduled for February 16�' starting at 1:00 p.m. Ad�ourn. A motion was made by Reed, seconded by Thomson,to adjourn. All present voted yes;motion carried. Meeting adjourned at 6:39 p.m. City xookings �,TY oFe . unsterman,Mayor Ro f� .. q'�:z �� f�s �'� N�• �e �'o so.. .�',��� U ��v Shari Thornes,Ciry C rk