HomeMy WebLinkAboutCCMinutes_2006_04_18 111
Brookings City Council
Apri118, 200G
The Brookings Ciry Council held a meeting on Tuesday,Aprii 18,2006 at 4:00 p.m., at City Hali
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek
(arrived at 5:00 p.m.),Michael Bardey,Julie Whaley, Gingex Thomson,Tim Reed, and Michael Reitz.
City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
Executive Session. A motion was made by Reitz, seconded by Reed, to enter into Executive
Session at 4:06 p.m. for personnel reasons with the Council. All present voted yes;motion carried.
A motion was made by Reitz, seconded by Whaley,to exit Executive Session at 4:50 p.m. All
present voted yes;motion carried.
5:00 P.M. WORK SESSION
Canvass of A�ri111`�Munici�al Ballot. The official canvass of the April 11,2006,Municipal
Election was held.
A,�ri118`�Agenda. The Ciry Manager responded to questions pertainu�g to the action items on the
agenda.
Ciry staff introduces upcoming to�ics for future agendas
A. Agenda Briefing. Shari Thornes,Brookings City Cletk,provided a briefing on the future
agenda items.
B. 9rdinance First Reading Draft Polic�.
On March 14`�the City Council dixected the city attorney to draft a new policy that would eliminate
voting on ordinance first xeadings. Steve Britzman,City Attorney,presented the Council with a
draft ordinance for discussion. He clarified that a vote on first readings is not required by state law,
but two readings must occur.
With the new policy on minute content, the City Council minutes would still recoxd a first reading i£
a vote isn't taken. In the past, only motions were recorded. That is why a vote was taken in order to
prove a first reading had occurred.
If erroxs are noted at the fitst reading: note significant errors at first reading so correction can be
made and corxect minor errors in the second xeading phase.
First reading Council agenda packet contents options:
1) Listing of tide and brief description-This method would allow for first readi.ngs to be done
sooner because not all materials need to be provided for the Council packet and could speed up the
process for the applicant. The disadvanta.ge is the Council wouldn't receive as much information
and it could result in items getting tabled.
2) Entire packet- If entire packet of support matexial is provided at both xeadings,the timeline
would remain the same as current (i.e. Planning Commission meets the fixst Tuesday of the month
and first reading couldn't occur until second Council meeting in the month). Another option is to
consider two (2) public hearings taking all comments at the first hearing and then make necessary
adjustments fox the final reading.
A motion was made by Ba.xdey, seconded by Reed, to place this issue on agenda.for action at next �
meeting.All present voted yes;motion caxried.
Council Invitations. Thornes reviewed the City Council's upcoming invitations and obligations. ' `
�itX Council Member Topic Introduction:
1�Televised Meetings. A motion was made by Reed, seconded by Munsterman,to
instruct city staff and the city clerk to investigate televising council meetings to include cost
incurxed to report back foux weeks from now. All present voted yes;motion ca.rried.
2� Ta�ing Executive Sessions. A motion was made by Reed, seconded by Bartley,to
request the city staff and city attorney investigate the possibility of audio ta.ping executive
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sessions and any legal ramifications to report back s�weeks from now. All present voted
yes;motion carried.
3) City Council Minutes. A motion was made by Reed, seconded by Whaley, to instruct
the city clerk to provide the Council with a summary of current policies and state law
pertaining to Council minute's publication to report back in 8 weeks from now. All present
voted yes;motion carried.
� Ordinance Review. A motion was made by Whaley, seconded by Reed, to conduct an
extensive xeview of all city ordinances to determine if any are outdated or not enforced and
should be eluninated. All present voted yes;motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Whaley,seconded by Reitz,to approve the consent agenda
which included:
A. Council Agenda.
B. Council Minutes (February 28,March 7,March 14,March 16,March 27,March 28).
C. Action to appoint Phil Carlson to the CVB Boaxd as a city representative.
D. Approval of Resolution No. 31-06, canvassing the April 11, 2006 Municipal Election.
Resolution No. 31-06
Canvassing the Apri111,2006 Municipal Election
WHEREAS, on the 11 th day of Apri12006, there was held in the Ciry of Brookings, South
Dakota,an election for the purpose electing a mayor, and two city council members,and
WHEREAS, the judges and clerks of said election have returned to the Ciry Council of the
Ciry of Brookings the official results for the purpose of the official canvass, and
WHEREAS, the City Council on April 11,200G has canvassed the results for the purpose of
dete+�+�+�ning the official election outcome,and
NOW,THEREFORE,BE IT HEREBY RESOLVED By the City Council of the City of
Brookings,South Dakota that the official vote at the City Election held Apri111,2006 was as
follows:
Mayor Paula Gary A1 Scott D. Under Over Total TOTAL Rural TOTAL
3 Year Marie Aguiar Gregg Munsterman Votes Votes Ballots Votes School Votes
Becker Cast Cast Votes Cast
� 13 27 32 69 1 0 142 141 142
2 IG 171 90 168 5 1 451 445 451
3 21 112 108 135 3 0 379 37G 56 435
4 40 265 ]40 437 9 1 892 882 33 925
5 35 203 t8G 5G1 14 1 ],000 985 1000
6 IG 14a 134 3]7 7 ] G15 607 G]5
Total 14] 9]8 G90 1,687 39 4 3,479 3,436 89 3,5G8
City Council Michael B. T'homas R. Michael J. Under Over Total Total
3 Year(2) Reitz Bezdichek McClemans Votes Votes Ballots Votes Cast
Cast
Precinct 1 65 92 74 53 0 284 231
Precinct 2 230 294 191 185 2 902 715
Precinct3 196 246 174 140 2 758 616
Precinct 4 49] 600 421 270 2 1,784 1,512
Precinct 5 504 638 524 334 0 2,000 1,666
Precinct 6 325 366 339 200 D 1,230 1,030
TOTAL 1,811 2,236 1,723 1,182 6 6,958 5,770
On the consent agenda,all present voted yes;motion catxied.
Open Forum•
Charter Revision. Gary G.Aguiar, 712 Second Avenue, submitted a letter to the City Clerk and
read it to the Council requesting the City Council consider amending the City Charter to xequite a
run-off election whenever no mayoral candidate receives a majority of votes ca.st. He noted that in
two of the last three mayoral elections in Brookings the winning candidate received less than a
majority of votes cast.
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Arabian Horse Show. Dick Peterson corrected a statement made at th.e Candidate Foruxn that the
2005 Arabian Horse Show only brought in $14,000. He calculated in personal checks alone made to
local businesses; ovex $102,000 was spent by attendees.
Ordinance No. 05-OG—Alcohol. A motion was made by Munsterman, seconded by Reed, to
reconsider the action taken on Ordinance No. 05-06, amending Chapter 6 of the City Code of
Ordinances pertauung to Alcoholic Beverages (Section 6-4—Sunday Sales). (Council approved
Ordinance No. OS-06 on March 28'h in a 7/0 vote. Action to recon.rider must be made at the next regularly
scheduled meetin�. Munsterman and Reed voted yes;Bartley,Bezdichek,Reitz,Thomson and Whaley
voted no;MOTION FAILED.
Ordinance No. 10-06—Budget Amendment. A motion was made by Bardey, seconded by Reitz,
to approve first reading of Ordinance No. 10-06, Budget Amendment #2. All present voted yes;
motion carried. Public hearing scheduled for April 25``'.
Ordinance No. 06-06—Rezoning_ Public hearing was held on Ordinance No. 06-06, a petition to
rezone Lot 5 of VanDerVliet Addition from an Agricultura.l A District to a Business B-3 District
(22nd Avenue South and 32nd Street South). No comments were received. Motion was made by
Thomson, seconded by Whaley,to appxove Ordinance No. 06-06. AIl present voted yes;motion
carried.
Ordinance No. 07-06—Rezonin�. Public hearing was held on Oxdinance No. 07-06, a petition to
rezone the west 60 feet of Block 1,Avery's Addition from a Business B-2A District to a Residence
R-2 District (1412 6th Stteet). No comments wexe received. Motion was made by Thomson,
seconded by Reitz, to approve Ordinance No. 07-06. All present voted yes;motion caxried.
Ordinance No. 08-06—Rezonin�. Public hearing was held on Ordinance No. 08-06,a petition to
rezone Lot 17,Block 9,McCleman's Addition from a Residence R-1B District to a Residence R-3A
District (19th Street South and Ranger Drive). No comments were received.Motion was made by
Bardey, seconded by Thomson, to approve Ordinance No. 08-06. All present voted yes;motion
carried.
Ordinance No. 09-Q6—Boardinghouse. Public hearing was held on Ordinance No. 09-06,an
application for a conditional use permit to establish a boaxdinghouse for six (6) persons on Lot 8,
Block 8,Morehouse Addition (819 9th Avenue).
Di.rcu,rsion:
Carrie Van Buren, Bmokings Hi.rtoric Pre.reruation Commission Chair, read the following statement.• The
Commission i.c concerned about the.potentiad negative impact frnm boardin$hou.re.r on these re.ridentiad area.r. On
March 2, 200G, the Brooking.r Historic Pre.cerUation Commi.r,rion unanimoufly voted to make the fodlowing o�"icial
.rtatement.• `The Brooking.r Historic Pre.rerr�ation Commas�ion recommend.r no further boardinghouse�iermits be
ap�iroved in the historic district.r in order to maintain the present character of the di.rtrzct.r."
Mary Bibby, 822 8'h Avenue, read the follorving statement.•
`21�IayorMunsterman, and Members of the Council, thankyou for this ojiportunity to comment on the
conditional u.re permit reque.rted by Mr. I�onald Heiberger for 899 Ninth Avenue.
I re�ide at 822 Eighth Avenue svhich is located diagonally acro.r.r the alley from thepmperty being consider�d.
In other tvord.r, our backyard.r meet at their cornerf
There are at lea,ct tJVO other hou.re.r backing onto the same alleyway that a�already occrrpied by.reveral non-
family memberr A.r a re.cult, the tra�c and congestion are con.riderable. Untid recently,I had a privacy
hedge acrn.r.r rrry back yard�vhich mitigated.rome of the du.rt and noi.re. But in reclaiming the all y last fall,
the city dug out tho.re bu.rhe.c making the tra�c more noticeable and bother.rome.
Thi.r i.r a residential a�a of hi.rtoric i�njiortance. One of its attractive featu�s is itsproxzmfty to the SDSU
Campu.r. The rniac of familie.r and.rtudent.r is a healthy one, but derzrable ondy in.rofar as the density i.r
controlled. Parking is a problem, not only becau.ce of the numbers of people who live there, but also becaure of
tho.re ivhn park in the.rame a�a during the day and walk to cam�ius. I fr�quently kave notes on parked carr
that block the.ridelvalk leading to my home and a.rk that they leave room for people to get by.
My late hu.rband,John Bibby, lived in thi.r neighborhood his entire life. W/hen he and his firrt wife,Jean,
became a:vare that the neighborhood was changing, they tried to do something about it. They bought firct one
and then t�o and then three of the hou.ces acros.r the street on Eighth Avenue. Two of tho.re houses are rented
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as.ringle family dwelling.r or a ma�rimum of tavo unrelated individual.r. One house is a du�ilex u.rually rented
by.rtudent.r. Had any of the.re become boardinghou.re.r, the character of the entire block avould be completely
d�erent today.
John's.ron calledye,rterday and.raid he svi.rhed he could be ber�tonight. Had he been able to come, he.raid he
u�ould have a.rked:vhy have �oning lau�.r at all if they ar�not tn be followed. He would also.cay that he doe.r
not believe the boardinghou.re permit svould be re.rtricted to the pre.cent oivner de,rpite language.rpecifying
othenvife. He predict.r that once the precedent i.r.ret, lhere ivlll be no turning back. He also qste.ctions
tvhether the.ri�e of the hou.re is.ruff'iczent. He.rpent much of hi.r childhood in that home when vi�iting hi.r
friend.c, the I�Y>ahl.rtmm.r, who once lived there.
There are other consideration.r thatyou are u�ell awa�z of.ruch a.r pre.rerving the hi.rtoric nature of the di.ctrict,
�iro�iery value,r, attractivene.rs to families, .ru�zcient j�arking, .rnoiv removal, den,rity of tra�'ic.
Individual ej�orts, fuch as John's were invaluable in hel�iin�to pre,re»�e the�.cidential quality of the
neighborhood. But it take.r more than one or even a few dedicated perron.r Tbat i.r u�hy�ve mu.rt depend on
you, the City Counczl, to deny thi.r boardinghouse reque.ct."
Ron Heiberger,applicant,said he understood the zoning requirements of the property prior to
purchase and that it was currendy zoned as two-family. The installation of a separate entrance and
lower level kitchen would qualify the property as a duplex. That scenario would allow up to 10
people and that was not his intention. He didn't realize that"boardinghouse"had negative
connotations in Brookings. He felt he had developed a plan that would enhance and fit into the
e�sting neighborhood. It is very nice home and he wants to keep it that way. It could later be sold
as a single family home if designated as a boaxdinghouse. He is aware that the property is one block
from campus and the SDSU student population has grown. 'I'here are other boardinghouses nearby
and some that need repair. He felt the best use and least impact on the neighborhood was as a
boaxdinghouse rather than two-family. He could change it to a duplex right now without any
further Council action. He'd rather get a boaxdinghouse regulation. He noted in a drawing where a
privary fence would be located. A neighbor had e�cpressed concern about car headlights in the alley.
He commented that he wouldn't have any control over who drives through an alley. One of the
requirements of this conditional use is that it is only granted to the current owner. He said an
investor or homeowner would want to gain from their investments when the property sells and
objected to the designation not staying with the propeYty.
Mark Kelsey, 711 8`�Avenue, asked said he also lives close to the campus and owns rental property
in the axea. He noted that it is much cheapex for the applicant to do a boardinghouse than a duplex.
The cost to upgrade to a duplex would include two kitchens,bathrooms, and egress windows. A
boaxdinghouse is much cheaper. He said the applicant's reference of 8-10 people in a duplex is just
a scare tactic. It's all about money. When the applicant sells the property,he will get more money if
it is a boaxdinghouse than a duplex. The value of rental propexty is based on how much income it
generates. Those pxoperties sell higher which impacts the property taxes of neighbors who live
there. He asked what benefit boardinghouses serve,if any,in the city. Is there a necessary,
demonstrated need for more boardinghouses? He sees many places to rent. There are rentals that
sit vacant for weeks. There are also people who will also build apartment buildings if there is a need.
Kelsey said there is a benefit to the applicant if the property receives a boardinghouse designation,
especially when he sells. Kelsey also owns a number of rental properties and has never requested a
boardinghouse designation. He cited examples of other properties with paxking problems that have
fa.Y more spaces than the applicant's. He expressed concern that the Planning Commission has a
tendency to approve boardinghouses in the University District. He said it is up to tlze City Council
to determuie where the need for boardinghouses is,if there is one. He suggested the City needs to
modify its ordinances to meet the needs of people who live in the neighborhoods.
Pat Fishback, 423 8'''Street, said there is a large apartment house across the street from this property
that is "grandfathered"in. She knows that parking is an issue whenever boardinghouse designation
tequests are made. Parking issues start when property owners can't park in front or get into their
own gatages and then turn into other types of issues. The laxge aparttnent house across the street
already has parking problems.
Public Hearing Clo.re�
A motion was made by Bartley, seconded by Reitz, to approve Ordinance No. 09-06.
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Counczl Discussion:
Reitz asked if the paYking plan met the zoning requirements. Dan Hanson stated the applicant's
plan meets the stated Yequirements of accessible, hard surfaced paYking spaces. Under the current
language, the conditional use is only granted the applicant, not the property. When granting this
conditional use, the Planning Commission relies on statements and plans made by the petitioner. A
future owneY may not have the same ideas or plans for the pxoperty. If the property is sold, the new
owner would have to submit a new conditional use permit request if they wish to have a
boardinghouse designation.
Bardey asked how cars would access the parking spaces. Hanson said the applicant would pxovide a
6 stall space that is paved and the plan was acceptable to the Planning Cominission.
Bartley questioned the applicant if he was comfortable with the permit being granted to him only.
Bardey noted that it's not the Council's job to increase value for a properiy owner and is not
comfortable with the applicant's request to remove the "current owner only"requirement. The
applicant indicated that he would prefer the Council amend the ordinance and remove�that
provision,but could live with it as written.
Reed said he lives and works in this area and is concerned with density,noting adjacent apattment
buildings and R3 zozung designations. The nurnber of cars in the street is an issue. The City wants
to maintain a nice mix of family and college students in the neighborhood. However, turning this
house into a boardinghouse will remove it as a single family dwelling. Reed furrther noted the house
is fairly small and questioned how it could hold 6 people.
Thomson said she has also lived and owned rental property in this area and will be voting against
this ordinance as she feels it would have an adverse affect on the integriry of the neighborhood. She
agrees that the neighborhood needs a good mix of dwellings,but congestion is an issue.
Whaley said she would be voting against the xequest and that parking congestion is an issue.
Bezdichek noted that there are moxe restrictions for a boardinghouse designation than a duplex. He
also realizes that there must be a balance between the historical district and the campus,which has
been there for 40+ yeaxs. The City has been fortunate that some homes have been converted back
to single family,e.g. those people who buy houses for childxen attending college eventually sell the
houses and then convert them back to single family,and then there are also those that live their
entire life in that neighborhood. Bezdichek agreed that the ciry must pYeserve the historical area. It
is the Council's duty to preserve that axea as much as possible.
Bartley said several years ago the Planning Commission examined the boardinghouse issue and made
recommendations to the City Council that included tighter restrictions on parking and lot size with
the intent to address the density issue. This applicant meets all the requirements and he doesn't
think densiry is a problem. In approving this request the Planxung Commission did its job. The Ciry
needs to establish a precedence to follow. He also agreed with the Planning Corrunission's three
requirements.
AMENDMENT: A motion was made by Bardey, seconded by Reitz,to amend Condition#1 to
state: 1)The paxking plan shall adhere to a plan s��a roved by staff. All present voted yes;
motion caxxied. On the original motion as amended;All present voted no except Bartley voted yes;
MOTION FAILED.
Resolution No. 32-06—Bids. A motion was made by Whaley, seconded by Reitz,to approve
Resolution No. 32-06,Bids for Brookings LiquoY Store Shelving Project. All present voted yes;
motion caxried.
RESOLUTION NO.32-06
RESOLUTION AWARDING BIDS
ON BROOKINGS LIQUOR SHELVING PROJECT
Whereas,the City of Bxookings has received the following bids for the Bxookings Liquox Store
Remodeling Project:
Steel Shelving Bid Package#1 Taylox Industries �38,862.00
Wine Casewoxk Bid Package#2 Prefexred Woodwork,Inc. �20,400.00
BHI,Inc. $29,680.00
Now Thexefoie,Be It Resolved that the low bid of Taylox Industries of�38,862.00 for Bid Package
#1 and Prefexred Woodwoxk,Inc.of$20,400.00 for Bid Package#2 be accepted.
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Resolution No. 33-06—Bids. A motion was made by Thomson, seconded by Reitz,to approve
Resolution No. 33-06,Bids for Brookings Liquor Store Communications and Signage Project. All
present voted yes;motion carried.
RESOLUTION NO. 33-06
RESOLUTION AWARDING BIDS
ON BROOKINGS LIQUOR STORE SECURITY SYSTEM AND SIGNAGE PROJECT
Whereas,the City of Brookings has received the following bids fox the Brookings Liquor Store
Remodeling Project:
Security System Bid Package#1 Safe-N-Secuxe $2,569.93
Annual Monitoring Fee: 263.40
Signage Bid Package#2 No Bid
Altemate Deduct No Bid
Now Therefore,Be It Resolved that the low bid of Safe-N-Secure for$2,569.93 with an annual
monitoring fee of$263.40 be accepted.
Resolution No. 34-06—Stop Sign. A motion was made by Reed, seconded by Whaley, to approve
Resolution No. 34-06, Concurring in the Placement of a Stop Sign at Indian Hills Road and Trail
Ridge Road. All pxesent voted yes;motion carried.
RESOLUTION NO.34-06
CONCURRING IN THE PLACEMENT OF A STOP SIGN ON
INDIAN HILLS ROAD AT TRAIL RIDGE ROAD
WHEREAS,Section 82-373 of the Revised Ordinance of the City of Brookings,provides for approval by
the City Council fot placement of stop signs in locations other than along through streets.
NOW,THEREFORE,BE IT RESOLVED that the City Council concurs in the recoxnmendation of the
Traffic Safety Committee and the City Manager and approves the placement of a stop sign on Indian Hills
Road at its intersection with Trail Ridge Road.
Resolution No. 35-Q6—Annexation. A motion was made by Bezdichek, seconded by Reed, to
approve Resolution No. 35-06,a petition to annex the east 350' of the SE'd4 of the SW'/a of Section
2-T109N-R50W (32"d Street South and Main Avenue South). All present voted yes;motion carried.
RESOLUTION NO.35-06
Wf-IEREAS,The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex
contiguous territoty upon receipt of a written petition, describing said territory sought to be annexed,
signed by not less than thxee-fourths(3 J4)of the legal voters and by the owner oz owners of not less than
three-fourths(3/4)of the value of said territory,and
Wf�REAS,The City of Brookings desires to annex the following described property,to wit the east 350
feet of the SE'/.of the SW'/.of Section 2-T109N-R50W,and
WHEREAS,the aforesaid land is contiguous to the present boundaxies of the City of Bxookings,and
WI�REAS The City of Brookings has received a Petirion For Annexation of Territory signed by the
owners of greater than three-fourths (3 J4) of the value of the aforesaid property and by not less than
three-fourths(3/4)of the legal voters residing in said territory,now therefore
BE IT RESOLVED By the Ciry of Brookings,South Dakota,that the property described above is hereby
annexed to the City of Brookings.
Resolution No. 36-06—Annexation. A motion was made by Whaley, seconded by Reed,to
approve Resolution No. 36-06,a petition to annex the N'/a of the SE'/a of Section 18-T110N-R49W
except that portion of the east 720 feet of the south 1,450 feet of the SE'/a,which is a paxt of the
N'/a of the SE1/4 (2200 block of 34�'Avenue). All present voted yes;motion carried.
RESOLUTION NO. 36-06
WHEREAS,The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex
contiguous territory upon receipt of a written petition, describing said territory sought to be annexed,
signed by not less than three-fourths(3/4)of the legal voters and by the owner or owners of not less than
three-fourths(3/4)of the value of said territory,and
WI-IEREAS,The City of Brookings desires to annex the following described property,to wit: the north
one-half of the SE'/a o£Section 18-T110N-R49W except that portion of the east 720 feet of the south
1,450 feet of the SE'/.which is a part of the N'/Z of the SE'/.,and
WHEREAS,the afoxesaid land is contiguous to the present boundaries of the City of Brookings,and
VUf-iEREAS The City of Bxookings has received a Petition for Annexation of Territory signed by the
owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less than
three-fourths(3/4)of the legal voters residing in said territory,now therefore
BE IT RFSOLVED By the Ciry of Brookings,South Dakota,that the property described above is hereby
annexed to the Ciry of Brookings.
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Ptelimina�Plat ap�roval. A motion was made by Thomson, seconded by Whaley,to approve
the prelimuiary plat for Lots 30-35,Block 13,McCleman's Addition. All pxesent voted yes;motion
carried.
Malt Beverage Transfer—Dakota Pub to PnP Pub South. A public hearing was held on a
request to transfer an on-off sale malt beverage license for Dakota Pub,Delwyn Millex,owner, 311
Thixd Street to PnP Pub South,Delwyn Miller, Inc., 1213 Main Street South,Parcel B,Brookings,
South Dakota,legal description: Parcel B in Oudot 8 of the NE '/4 of Section 35-T110-R50.
Public Hearing: Al Glover, attorney for Mr.Miller,pynvided a summary of the busine.r.r plan. Mr.Midder widl lea.re
.rpace from John Schoon. Mr. Schoon oum.r the properly and unll be con.rtructirrg an addition to the convenience.rto�
for thi.r Pub. There urill be a.reparation between the tivo bu.cine.r,re.r;however, each�rill share restroom facilitie.r. The
on-sale malt establishment avill have a sej�arate entrance.
Bezdichek noted that some businesses in town with video lottery have changed their format after
receiving the permit, specifically refexencing South Main Diner. Britzman clarified that that business
still qualifies for video lottery because it has an on-sale malt beverage license. Bezdichek is
concerned about locations where video lottery is offered and how they spread out in the community.
He'd like to see signage ordinance modified to ban the word"casino"in any signage. Brirzman said
the United States Constitution doesn't allow laws against content, so the city could not pxohibit that
word.
Thomson said she wasn't opposed to the plan but was concerned about it's proximity to the heavily
populated India.n Hills area and that it would change the complexion of the convenience store.
Glover said the convenience store would not change and Mr. Miller's business is a separate entity.
Public Hearing Clo.red.
A motion was made by Reitz, seconded by Whaley,to approve the Malt Beverage Transfer. All
present voted yes;motion caxried.
Video Lottery License—PnP Pub South. A motion was made by Reed,seconded by Whaley,to
approve transfer of the video lottery license to PnP Pub South,Delwpn Miller, Inc., 1213 Main
Street South,Parcel B,Brookings, South Dakota,legal description: Parcel B in Oudot 8 of the NE
'/o of Section 35-T110-R50. All present voted yes;motion carried.
TABLED ITEM: Exclusive Agreement to Negotiate with Prairieland Partnership,LLP A
motion was made by Reitz, seconded by Whaley, to remove this issue from the table. All present
voted yes;motion carried.
Public discu.r�ion on original motion:
Dick Petexson said at the last meeting he asked the City Council to postpone its decision. Since then
he has spoken with colleagues about Praixieland and found that they axe held in high regards. He
said Praixieland is known in the industry to live up to their word and this will be a great and
promising project. It will help to make Brookings a shopping destination.
David Kneip said he too had many concerns at the last meeting. He praised the council for how
they handled the issue in taking a litde more time,caring about citizens'concerns,and for holding
additional one-on-one meetings. After having the opportunity to meet with Prairieland officials and
ask them questions,Kneip has nothing but good to say about everything they looked at,and found
them to be very honest and reputable people. The City deserves congratulations on this pxoject.
Dean Gulbxanson said he wasn't opposed to the project,but had some concerns about how it would
be done. He appxeciated the opportunity to meet with the developers to discuss his concerns,ask
questions and hear their entire presentation. He is now comfortable with their position to bring this
ptoject to reality to Brookings. It will not be a project that is solely done outside the community.
Prairieland is willing to work with local people. With the support of the local people and now the
public awareness, this will be successful for the community.
Steve Schwanke and Dick Frieclrichs, Prairieland Partners LLP, said their company would work with
local,national and axea businesses to make this pxoject a success. Pxairieland would serve as the
overall master developer of the property. Thei�x biggest contribution to the project will be the
soliciting and securing of two to three national anchor tenants for the site. For the remainder of the
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development, they are hoping to partner closely with local developers. They have retained a local
realtor to assist in the pYOCess.
A letter from the Chamber Board had been provided in the Council packet. It was noted that
reptesentatives of the Chamber Board have since met with Prairieland Yepresentatives and those
questions had been answered.
On the original motion from March 28,2006: A motion was made by Whaley, seconded by
Thomson,to authorize the City Manager to enter into an Exclusive Agreement to Negotiate with
Prairieland Partnership,LLP. All present voted yes;motion carried.
Video Lotterv. Steve Britzman said cities have the ability to establish local rules to limit video
lottery in their community. The current Brookings ordinance is population based and limits one
license for every 880 people. The city's population is determined by the official Federal census.
There has not been a substantial population change to warrant an additional license.
Sioux Falls limits the number of video lottery licenses based on the state statute,which leaves them
free to modify,as long as the criteria stays the same. Sioux Falls limits the number of licenses with
the distance between video lottery establishments to not be closer than 2000 feet,not population
based.
The number of video lottery licenses is subjective. It is up to the City Council to detexmine the
adequate number of licenses and if there is room for growth in modifying the number for
consideration,and what is adequate for the community of Brookings.
The population basis for liquor licenses and video lottery are not the same. For liquox,thexe is one
license for every 1500 people after the first thousand. The current Brookings ordinance for video
lottery is one license for every 880 people. There is no state or city limit on the number of on-sale
or off-sale malt beverage licenses.
Garner Hansen stated his business is the only malt beverage licensee without a Video Lottery
license. He sees that as affe�ting his business and it's potential. Hansen understands the concerns
about signage,and doesn't want Brookings to become an entertainment destination like Watertown.
Reed would like to limit the signage that is put on a bar that has video lottery,e.g. prohibit the use of
the word"casino".
Bartley stated the city needs some restrictions in ordex to control the number of video lottery
licenses. He hasn't seen significant demand from the public demanding more video lottery.
Reitz asked if other communities limit the number of on-sale malt licenses issued. Britzman said no,
most communities don't limit licenses because they are trying to encourage as many new businesses
as possible.
Reed stated thete ate several business people that own casinos,but don't advertise as a casino. He is
afxaid about opening up to more licenses,yet understands one person in town doesn't have a license.
It is a difficult balance.
'I'homson stated that she doesn't think people, such as Mr. Hanson,should be penalized because he
wants to stay competitive. She would like to see what could be done on a case by case basis.
Julie Whaley clarified that she would like to see this put on a futute agenda as an action item,and set
the limit of Video Lottery Licenses at that time.
Bardey would like to see the number of video lottery licenses left as is.
A motion was made by Munsterman, seconded by Thomson to table the issue until the release of
the 2005 preliminary census number. All present voted yes;motion carried.
Discussion on a Draft Resolution Setting Policy on City Partici.pation on Construction of
Arterial and Collector Streets.
Alan Lanning said the city staff is xequesting the poliry revert back to the previous resolution. It is
clear from a xeport from the Finance Department that the fund is depleting itself,which is limiting
the funds available to build stseets. �
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The next arterial street project is 34`''Avenue in 2009.
Bardey questioned if additional funding could be raised through revenues from alley pavement
projects.
Whaley wondered if ineeting with BMU and getting them on board with the city has been an option.
Lanning said BMU is able to recover their costs through fees. He said the bypass portion of the
Svennes property in the DOT land exchange was budgeted for in BMU's capital improvement plan;
however,BMU now states they will not pay for any costs related to watex and sewer. 'I'he estirnated
cost of the project is $700,000. If BMU doesn't financially paxticipate, the City will have to beax the
cost because it is obligated in the deal.
Lanning said one of the arguments against raising the building permit fees last yeax was that it would
kill growth. It ended up being a record year with building pernvt fees. So the a.rrgument that raising
fees kills growth is not true.
Bartley stated a tool we could start with would be requiring the properry owners to pay.
Is the recommendation to remove the pa.rt whexe the city pays for additional width and depth due to
the street being a collector street? Jackie Lanning,Ciry Engineez,responded yes, clarifying it is the
2003 policy that would be xevoked and that in both cases,the developers would be pa.id for extra
width and thickness. However, the question remains on who would pay for the street and utilities
on an arterial street,but not on a collector street.
Gulbranson asked with BMU being involved to defray city costs, there is the potential to create a
sewer/water district. What would be left to decide is who would pay the connection fee. Ala.n
Lanning said that would be possible but the city doesn't have control. BMU makes those rules. A
district is a common method used by cities. He noted that if the City installs the water line on the
Svennes project,BMU will receive all tap and other fees after installation. Where is the incentive to
� put in thei�own lines if they pay for it? The Ciry can't recover street fees from BMU for driving on
streets but we build theix streets. Can the city enforce with an ordinance the creation of a sewer
district? Britzman said he didn't think a district would be compatible for this jurisdiction because it
would be outside the incorporated area.
Bezdichek wondeted if tegistered voters could petition against BMU and bring this under city
council jurisdiction. He questioned if this could be done in time to be put on the November
election ballot.
A joint meeting with utility board will be planned aftex their new director is hired.
No action was taken.
Annexation Procedures. Lonnie Amtnann said he missed the public comment period earlier in
the meeting regarding an annexation xequest. He said there has been no notification to adjacent land
owners on that annexation issue. He felt it would be in the best interest of the neighborhoods to get
input from all parties involved. An annexation impacts streets, sidewalks,dtainage,and traffic.
Somehow a system should be set up that would inform neighborhoods.
ACTION: A motion was made by Reed, seconded by Whaley, to discuss at a work session an
overview of the process involved in annexation of property.
Adjourn. A motion was made by Reitz, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 8:40 p.m.
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