HomeMy WebLinkAboutCCMinutes_2006_09_26 194
Brookings City Council
September 26, 2006
The Bxookings City Council held a meeting on Tuesday,September 26, 2006 at 5:00 p.m.,at City
Hall with the following members present: Mayor Scott Munsterman, Council Membexs Tom
Bezdichek,Julie Whaley,Mike Baxdey, Ginger Thomson,Tim Reed, and Michael Reitz (arrived at
5:12 p.m.). Interim City Manager Dennis Falken, City Attorney Steve Britzman, and City Clexk Shaxi
Thornes were also present.
Animated Sign Moratorium Request. The City Council received a letter da.ted September 19,
2006, from Doris Roden, Pat Fishback,Jonnie Einspahr, and Van Fishback e�cpressing concern
about the Brookings Sign Ordinance pertaining to animated signs. The group requested a
moratorium be placed on animated sign permits and installations until the Planning Commission
could study the issue, approve the amended ordinance,and have its recommended amendtnents
adopted by the Ciry Council.
Dennis Falken, Interim City Manager, said he had reviewed this issue with city staff and identified
options.
Steve Britzman, City Attorney, said regulation of signs is covexed in the Zoning Ordinances. State
law does allow the Council to take fairly prompt action to temporarily delay the granting of sign
permits.The request for a moratorium is not the exact action that the City can take. The City can
impose a temporary zoning control but would need to give 10 days notice before taking action. A
temporary control could state that sign permits are suspended fox a specific period of time,not to
exceed one year,until the subject area is further reviewed. The City Planning Commission is
currendy studying the issue. There are not any strict rules or prohibitions that would not pexmit an
animated sign. The choices the Ciry has axe:
1) Let the Planning Commission study the issue and make a recommendation to the Council.
It was noted that this process would take 2-2 1/2 months.
2) Authorize staff to provide the legal public notice required and consider a tempoxary
restriction or zoning control to restrict sign pexmits until the issue is further studied. He
noted that a tempoxary control would not go into effect until the Council's October 10th
meeting.
Bardey asked if the City pxoceeds with notice of hearing and the Council takes action on Octobex
10`h to control sign permits, anyone wanting to make application until that time would not be subject
to those rules. Dan Hanson said anyone applying prior to Oct. 10`h could obtain a perrnit if the
application meets the criteria. He suggested that the temporary control should only be for those in
the areas of concern (i.e. historic downtown or residential areas). He wouldn't want to limit signs in
the B-4 or highway business district for the next year.
Baxdey cautioned the Council that if the City initiates temporary controls that it is carefully worded
to a particular zoning district and application of use.
Reed asked if the 10-day notice would contain the ordinance. Hanson said no,the notice is a
"notice of hearing" indicating the Council will heax the issue of a temporary control on Octobex 10�'.
If the Council approves a tempotary zoning conttol ordinance on October 10�'it goes into affect
immediately.
Thomson asked if letting the Planning Cornmission study the issue would still allow for additional
permits. Hanson said yes;the areas of primary concern are the three institutional uses in residential
areas for schools, churches and libraries. The sign ordinance was adopted in 1998 and animated
signs were added after getting a request from the Brookings High School. Since then the City has
granted two other sign pexmits for institutional uses.
(Reitz arrived at 5:12 pm)
Hanson said there was one sign downtown at the former Chevy Lounge but it was removed when it
changed ownership.
Bardey asked if the City could do the notice of hearing and then the Council could discuss on
October 10�'which zoning districts to xestrict. Yes.
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MOTION: A motion was made by Bartley, seconded by Thomson, to instruct city staff to
publish a Notice of Hearing for consideration of a temporary zoning control ordinance to be
heard on October 10`''by the City Council.
Public comment.•
Jonnie EinspahY made the following statement:
"Last aveek, Pat Fi.rhback, Dori.c Koden, Van Fishback and my.celf, a.rked to be put on your meeting
agenda to reque,rt a moratorium on all animated.rign permit.r and in.rtallation.r until a reuierv and enactment
of an updated.rign code could be accompli.rhed.
The reason for our reque.rt had it.c.rtart back in 1994. At that time,mo.rt of the public animated.rigns ivere
of the time and temperature variety ... a.rcrolling me.rsage urith a.ringle line or turo of very�imple teact again.rt
a black background.
The Kotary Club wa,r intere.rted in donating.ruch a sign to the Brookingr High School and instadling it on
the corner of Medary and 8'b Street South. To accomplz:rh thi.r, either the rzgn code needed to be revi.red or a
variance needed to be is.rued. The deci.rion wa.r made to change the code, rather than i.r.rue a variance, and
from that time, `institutions'.ruch a.r churche.r, .rchools and libraries rver�permitted to have animated.rigns,
regardle.r,r of their location. For twelveyear.c, that simpde scrolling�ign ha.r quietly informed us of footbald
game.r and teacherr conferences and all thing.r involving the high.rchool.
Cut to 2006 and a�vhole ne2vgeneration of animated�ign.r. Now u�e are tadking about high r�.rolution text
and graphic.r, thou.cands of colorr, brilliance, movement and large.rurface areas. In Juty of tha.ryear,Ffrrt
Lutheran Church applied for a variance for such an animated sign. They needed the variance becau.re the
�ign they propo.red wa.r larger than the allo�ved 32.rquare feet in area. At the Board ofAdju.rtment hearing
on July 20`�, the variance�vas denied unanimously and the BOA directed the Planning Commis.rion to r�view
the�zgn code on animation and to.rend any recommended change.r to the City Council.
At the Planning Commission meeting on September S,Planning O�"rcer,Dan Han.ron, di.riributed bi.r
recommended change,r to the Commi.r.rion members. The change.r mainly addn.rred the need to r�gulate the
ivay an animated,rign fla.rhe.r and move.r. It did not mention whetherpermi.r,cion.rhoudd be removed fmm any
�oning district.r or in.ctitution.r. Action on the propo.red change.r wa.r deferred till their next meeting.
In the meantime,prior to that Planning Commi.r�ion meetin�Firrt Lutheran Church had already taken out
a permit on a new, reduced-.ri�e animated.rign. They intend to in.ctall thi.r�ign, about 25 square feet in ar�a,
centered on their larvn and facing down Main Avenue. W/hile they have every right to do thi.c, a.r the law now
read.r, we are a long way o�from that.rimple, low-tech.rign,ritting on the high.cchool's corner. Should a
perron�vho re.ride.r directly acro.r.r the.rtreet from.ruch a sign have to live with thi.r? Should the people who
travel their neighborhood st�et.r have to deal svith thi.r? I have been told that regulation.r can be.ret up to
manage brightne,rs and movement, etc., but i.r that enough?
Currently animation i,r allowed to institutions `for u,res that involve community event.r.cuch a,r,rchoodr,
churche.r and librarie.r." Mo.ct churche.c and.rchool,r, and many other community event entitie.r are embedded
in re.ridential neighborhood,r It i.r not rea.conabde that every neighborhood could eventually.rport it.r oum video
dis�lay.
There are.reveral paragraph.r at the beginning of the Brnoking.r City Sign Ordinance lvhich de.rcribe the
purpo.re and intent of the,rign code ... a kind of mis�ion.rtatement. In there it�irnmote.r such idea.�a.r...
Minimi�ing.rigrr.r'adverre e�'ect.r onlbublic and private j�rnpery,
Enhancing an aefthetic environment,
Not creating tra�'ic haZard.r by cau.ang di,rtraction.r,
Not constituting a nuisance to the occsrpancy of adjacent pmperty.
IYlith the.reguidelines in mind, lve are a.rking the Bmoking.r City Council to place a moratorium on al!
anirraated sign permits and in.rtallation.r in order to give the Planning Commi.rsion the time they need to
review, re.rearch, and propo.re ne�v code for animation. Their recommendation.r rvill then go to the City
Council and the Council, in turn, �ill need time to re,rearch, revieav, amend, and enact this netv code. There
i.r no way to.rhort-cut thi.r�ort. The technological advancement of edectronic display.r and their continued
development into the future demand,r that tve take the time to do it right and do it notv. It may be our la.rt
opportunity for a long time.
Not imposing a moratorium�vidl put pre.r,rure on everyone to ru.ch—ru.rh to make pro�io.ralr, ru.ch to enact,
and ru.rh to get permit,r. With a moratorium u�e can give thi.r matter the attention it de.ceruef
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ITVe zvould reque,rt the impofition of a moratorium,follo�ved by a revi.rion of the code zvhich, at the very lea.rt,
withdraw.r permi.r.rion for the u.re of animatinn from in.rtitution.c in re.ridential area.r and from the hi.rtoric
bu.rine.cr di.rtrict and�vhich thoughtfully regulate.r the impact of animated.rign.r acro.r.r all�oning di.rtrictf"
Doris Roden, 727 Main Avenue,made the following statement:
Jam and I enjoy living in a u�onderfud older house and tve e,rpecially enjoy our frontporch. Jim often.rtarts
the day on the porch reading the morning paj�er and we both often end the day on the frontporch, u�atching
the neighborhood and enj�ng friend.c that.rtop by to.ray hedlo. Our company often flou�.r out of the house
onto the porch and.rit in on the jiorch railings, steps and furniture. Our house and ourporch offer u.r agreat
feeling of neighborhood and community.
Ye.r, we are only a block away from doivntown but that, too, i.c something we like. W/e are far enaugh away
from the hu,rtle and light.r of the doumtorvn to feel co�y in our neighborhood andyet close enougb to u�a1k
do�vntosvn to.rhop or dine.
1�Vhen I firrt heard from the Board ofAdju,rtment that an animated.rign might be allou�ed to go up acro.c.r the
.rtreet from our home, I reali�ed 2vhat an intru,rion it might be on our porch-life and even within our home.
The more I read about the sign ordinance, the more I reali�ed that currently acce.r�ible video bidlboard.rign.r
could be permitted throughout many neighborhood.r in our community.
W>e are a,rking for a moratorium on the�iermitting and installation of the.re.rigns—u�hetheryou cad!them
electrnnic.rign.r, animated digitad signs or video billboards A moratorium remove.r the j�re.r.ru�of con�idering
s�iecific permit a�ilblications andgive.r the Planning Commi.rsion, Council and re.rident.c the time to thomughly
.rtudy and reuierv a.rign ordinance that reflect.r the value,r of our community. A thorough a�ipmach�vould
dikely take more than one Planning Commi.crion meeting. Thi.r could provide titne for input fmm re.rident.r,
for review of.rign ordinance.r in other communitie.r, and for careful con.rtruction of a comp�hen.rive.cign
ordinance that meets our community'.r need,r.
I recall svhen I sat on the City Counczl that rve rvere faced with deczsion,c r�garding boardinghou.re permit.r
There u�as a grouring concern from residents that the City needed to stop and,rtudy the i.c.rue before proceeding
u�ith more permit.r A motion rva.r made at a Council meeting to place a one year moratorium on
boardinghou.re permit.r to give the City ample time to.rtudy the i.r,rue. That is what�ve are a.rking for tonight.
To consider a motion to place a moratorium on�ermitting and in.rtalling animated digital signs so the City
ha.r ample time, urithout the pre.r.rure of permit application.r, to review and.rtudy the.rign ordinance.
lY/e hold neither the First Lutheran Church or Daktronics in di.rregard when u�e a.rk you to con�ider thi.c
action. The reque.rt from Fir.rt I.utheran Church i.r the one that brought this is.rue to the attention of the
Board ofAdjustment, neighbors, City Plannang Commi.rsion and nosv the City Council. The.rign they ar�
planning to in.rtall waf made by Daktronic.c. Hou�ever, the requert could have come frnm any in.rtitution in
the community and the.rign could have been made by any one of many.cign com�anies
The important i.c.rue�ve are a,rking the City Councid to focu.r on i.r to con.►zder the appmpriatene.r.c of these
sign.r in neighborhooc�r. Invite Dakt�nnic.r to partici�iate in that discu.r�ion. Invite residents to j�artici�iate.
But j�lea.re take the time nece.r.rary to study the Brook,ings.rign ordinance and tho.re of other communities.
SIGN OKDINANCES VABY GKEATLY
Sign ordinance.r vary greatly. I�hen doing,rome re.cearch I found that whide some city ordinances limit the
fr�quency that the me.r.cage.c on digital.rign.r can change to a few.cecond.r, other communitie,r adlow change.c of no
more than once every 24 hour.r
IIVSTITUTIONAL USES—r�fer to Permitted Sign Characterirtic.r By Zoning Di.rtrict.r(Tabk S�.
A footnote nn the la.rt column rtate.r that `Thia column doe.r not�re.cent a Zoning diftrict. It aj�plie.r to
in.rtitutional u.res permitted in re.ridentia!district.r. Such u.ce.c may include, but are not necessarily limated to
churche.r, .rchools, apartment complexes, retirement home.r,funeral home.r, librarie.r,fraternitle.r and
.rororitie.r."
The City Council requested the City Managex contact representatives of Daktronics,Inc. to notify
them of the upcoming hearing and visit about issue.
Bob Fishback, 423 8th Stxeet, asked if the Council passing the moratoriutn would prevent the
installation of the First Lutheran Church sign. Han.ron.raid no, the.rign would be permitted because the
applicant applied before the�oning contml wa.r im.po.ced. Fishback said he was in favor of a moratorium and
restrictions in his area and hoped there was a way for the City to hold off on the sign for First
Lutheran. If the moratorium wouldn't do that is there some process that would allow that?
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Hanson said that sign permit was issued a month ago based on the current criteria of which they met
the qualifications.
Bezdichek said he would like to see the various parties work this out and agree to a compromise
while the study is being done such as turtung off the signs at night.
Reed asked if a new sign oxdinance is passed that has resttictions on time,brightness, etc.,would
those restrictions be valid for everyone in the city or only permits from that point on. Hanson said
zoning in South Dakota can be regulated fxom this time forward. If a pre-existing sign is xemoved
or destroyed,it can then be regulated. He also noted that Daktronics engineers could advise of
ambient brightness, etc.,but cautioned the Council that regulations need to be easily enforceable.
Britzman commented that the City should document what our conclusions are so the public can
evaluate our recommendations.
Thomson had independendy Yeseatched the issue on the Internet and was surprised how many
communities completely prohibit animated signs. She asked if anyone was in the audience from
First Lutheran. No. She suggested they be included in any ad hoc groups that are forYned to study
the issue.
Hanson said the Planning Conunission reseatches national trends and variables when adopting a
zoning ordinance. In this issue they discussed the range of variables perta.inuig to animated signs.
ON THE MOTION: All present voted yes;motion carried.
Tax Increment Financing (TIF) District Rec�uest. Dennis Falken said the city xeceived a
request from Doris Roden,Program Manager for powntown Brookings Inc.,on September 19�' for
the City to create a Tax Increment Financing(TIF)District in the downtown area. He said the
formation of a TIF District starts with the Planning Corrunission and that this would have to be the
City's project since it involves city streets. He noted that there is a critical timeframe in getttng this
project moving forward.
Britzman said in establishing a TIF district you must define the scope of what is going to be done
for the pxoject. Because there would be many paxties affected,including those entities that collect
tax xevenues from that district, the City would want a well-defined plan. The first step would be to
make a clear, concrete description of the project and identify what costs would be paid for. This
would involve some engineering work and public input. That step of defuiing the project and
financing should be taken befoxe the district is established.
Thomson asked who would be responsible for engineering costs. Britzman said it depends on who
benefits from the project, but it would probably be the city unless contributions axe made by the
effected property owners.
Falken noted that on Oct. 10�'he will update the Council on the downtown streetscape project. If
the Ciry had a clear plan on the direction of that project it would then be able to plan and know
costs. It is difficult to plan a TIF when the scope of the project is unknown.
Reed asked if the bonding ox the TIF comes first. Britzman said bonds are not required for a TIF
but it is a conventional way to finance a project. The creation of the TIF district would occur
before the sale of bonds. If the sale of bonds is referred does the TIF go away? Yes.
Bardey said this issue should be referred to the Planning Commission to take testimony on the value
and scope of the project and let them make a recommendation to the Council.
MOTION: A motion was made by Bartley, seconded by Munsterman,to direct the
Planning Commission to investigate the creation of a TIF District for the downtown
project.
Hanson said a TIF district must have a major capital funding source. The deadline to complete the
creation of this TIF and include the large building project is November 15t. Anything past that date
there wouldn't be enough capital projects to finance the bonds.
Doris Roden,Program Manager,Downtown Brookings,Inc.,made the following statement:
198
"The Council packet.rtate.r that a citi�en reque.rted the formation of a TIF District. Actually, the develoj�er
of a project i,r the one rvho,rubmits a reque.rt for a T7F Di.rtrict.
I ve been rejiresenting Dozvntown Brookings to encourage the City, a.r the developer of the doumtoivn
improvement project, to u.re a TIF District a.r the funding.cource for the underground infra.rtructure
improvement.r.
I�va.r reminded of the advantage.r of a TIF Di.rtrict when severad of u.r attended the downtoum revitali�ation
meeting in Sioux Fall.c on June 15, and heard a pre.rentation given by Todd Meierhenry.
The co.rt,r of the unde�rnund imprnvements have already been defined urith a thorough.rtudy of the Brooking.c
Municipal Utilitie,r, City Generad and Civil De,rign, though there i.r mor�than one option to choo.ce from.
The boundarief of the di.rtrict would have been the Central Bu.rinef.r Di.rtrict and the block.c.rurmunding it
that have goodpotential for development. A con.rerr�ative estimate of funds from the TIF Di.rtrict�vas,�'1.6
million.
I dropj�ed o�information on the p�nce.r.r of creating a TIF Di.rtrict,finm Todd Meierhenry for the City
Manager on July 24. He wa.rn't in his o�ice.ro I follorved it up�vith an email that day and a.rked af I could
meet 2vith him to discu.r.r the i.rsue.
There sva.c a meeting of the City Manger, Clerk,Attorrtey,Finance O�'zcer and mysedf on August 6.
The timing ha.r.rimfily not zvorked for many rea.ron.r. The City zva.r in the middle of the budget�iroce.c.r so it
did notget on the Councid agenda until September 12. But perhap.r the main reason i.r becau,re the City ha.r
not u.red a TTF Di.rtrict before and there i,r a learning cu�ve for adl of u.r on thelbmce.rs and ben�t.c of creating
a TTF District.
The window of opportunity for thi.r TIF Di.ctrict for the do�vntown undergmund impmvement.c is clo.red. We
can all be betterprepar�d to review the o�iportunitie.c of a T7F Di.rtrict if another�vindou�of opportunity open.r
in the future."
The motion was withdrawn.
City Attorne,y Survey Summar� At a previous meeting the City Council requested informarion on
communities with full-time city attorneys. Donna Langland,City Human Resources Director,
gathered information per the xequest of the Council with rega.rd to the City Attorney payment
history for 2005 and 2006 for the City of Brookings as well as information gathered from other cities
and the salary ranges and amount paid if full-time,etc. Langland said 10 cities responded to the
survey with 4 having full-time attorneys: Aberdeen,Rapid City,Sioux Falls and Watertown. From
January to June 30, 2006 the City spent$53,580 in attorney's fees and anticipated spending a total of
$107,160. This included City General,Utilities,Hospital and the Swiftel Center. In 2005 the City
spent$91,520 in combined legal fees. City attomey salaries for other cities weze as follows:
Aberdeen-$76,861;Rapid City-$91,104;Sioux Falls-$104,769;and Watertown-$76,945.
Falken noted that these figures don't include additional costs for employees and operational
expenses.
The City Council wanted to research this issue because of their goal to have one attorney xepresent
all of the ciry's interests.
Reed asked if a full-time attorney would requixe a change in the City Charter. No.
MOTION: A motion was made by Reed,seconded by Reitz,to continue with the tesearch
with respect to operational costs. All present voted yes;motion carried.
City Manager Recruitment. Munsterman said on September 12�' the Ciry Council reviewed city
manager candidate resumes and the Council was less than satisfied with the pool. It is the Council's
decision to suspend the search process until next Apri12007. Falken has agreed to stay on as interim
manager until then. The City would re-advertise the position in the spring and hopefully get a
different pool of candidates. He noted that the timing right now was a disadvantage to us.
MOTION: A motion was made by Thomson, seconded by Whaley,to suspend the search fox a city
manager until Apri12007. All pxesent voted yes;motion carried.
199
Amendment D. Joyce Dragseth, County Equalization Director,was present to urge the Council to
oppose Amendment D, an Amendment to Article XI, Section 2 of the SD Constitution,relating to
xeal propeYty assessment for taxation. She provided the Council with revenue loss projections to
cities, counties and schools if the measure passes. The measure would roll back property tax levies
to the 2003 numbers.
MOTION: A motion was made by Reed, seconded by Thomson, to direct staff to prepare a
resolution opposing Amendment D for action at the October 10th meeting. All present
voted yes;motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent agenda item C for a temporary liquox license was removed from the agenda. A motion was made
by Bardey, seconded by Thomson,to approve the consent agenda as amended which included:
A. A.genda, as amended.
B. Minutes -August 29, 2006 and September 12,2006.
C. REMOVED FROM AGENDA. Temporary Liquor License for HyVee for an event at
the American Legion on October 13, 2006.
D. Action on Resolution 102-06, authorizing Final Change Order(CCO#2 Final) For
P8006(00) PCEMS H008 34`�Avenue Construction Project.
Resolution No.102-06
A Resolution Authorizing Final Change Order(CCO#2 Final)For
P8006(00)PCEMS H008 34�`Avenue Construction Project
Wintet Bcothers Underground
BE IT RESOLVED by the Ciry Council that the following change ordex be allowed for P8006(00)
PCEMS H008: Construction Change Oxder Numbex 2(Final). Adjust estimated quantities as"as
build"for a total increase of$7,483.04.Increase substantial completion date by 1.5 working days.
Increase final completion date by 13 working days.
E. Action on Resolution 103-06, concurring in the Placement of a Stop Sign on Sawgrass
Drive at 15th Street South.
Resolution No.103-06
Concurring in the Placement of a Stop Sign on Sawgcass Drive at 15�'Street South
WHEREAS,Section 82-373 of the Revised Oxdinance of the City of Brookings,piovides for
approval by the City Council for placement of stop signs in locations other than along thxough streets.
NOW,THEREFORE,BE IT RESOLVED that the City Council concurs in the recommendation of
the Traffic Safety Committee and the City�lanager and approves the placement of a stop sign on
Sawgrass Drive at its intersection with 15th Street South.
F. Action on Resolution 104-06, setting the Unit Financial Charge for 2007 Storm Drainage
Fees.
Resolution No.104-06
Setting the Unit Financial Charge foc 2007 Storm Drainage Fees
WHEREAS,Chapter 72,Section 72-1 (b),of Code of Ordinances for the City of Biookings,pxovides
for setting the unit financial charge of Stonn Dxainage,by Resolution.NOW THEREFORE,BE IT
RESOLVED that the unit financial charge shall be.00036 for Sto�n Drainage purposes.
G. Action on snow removal bids from the September 19,2006 bid letting:
Four (4) Blades with wings: Bowes Construction was awaxded bids one and two with vehicle
number 140G,with chains $108, no chains $97. Bowes Construction was awa.tded bids three
and four with vehicle number 140H @$108/hr and with no chains at$97/hr; Two (2) 3-to 6-
Yard Loaders One (1) Loader w/Reversible Blade: Bowes Construction was awarded to bid one
with vehicle number 980G, 6 cubic yards at$117/hr and bid two was awarded to Prunty
Construction with vehicle number 624H in the amount of$150/hr. (Bids were also received
from but not accepted from Bowes vehicle number 966E@$104, 966F@$104,960F@$100,
950E@$97,and 950G@$9�; 14 End-Dump trucks: Prussman Contracting was awarded the
bid fox 4 vehicles, # 20 @ 20.81 CY for$750/hr, #21 @ 20.63 CY for$75/hr, #22 @ 20.54
CY for$75/hr, #7 @ 18 CY for$75/hr;Bowes Construction was awarded the bid for 4
vehicles, #T7 @ 16.4 CY at$64/hr, #T8 @ 16.4 CY at$64/hr, #T23 @ 16.4 CY at$64/hr and
#T24 @16.4 CY at$64/hr;Consolidated Ready Mix Inc.was awaxded the bid for 2 vehicles,
#5050 @ 21.4 CY@$90/hr, #5060 @ 21.4 CY @$90/hr;and Prunry Construction was
awarded bid for 2 vehicles, #28 @ 16 CY @$65/hr, #29 @ 16 CY @$65/hr. No other bids
were received.
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Airport Snow Removal: Bids were awaxded the following: Bowes Construction—CAT 966E
loader—5 cubic yards at$104/hr, CAT 140G Grader w/wing at$98/hr, CAT 950F One-way
plow at$113.00 per hour, and T23 truck— 16.4 cubic yaxds at$65/hr. No other bids were
received.
On the consent agenda, all present voted yes; motion carried.
2"a Reading: Ocdinance No. 31-06—Fiscal Yeaf 2007 Approtiriation Ordinance Public
hearing was held on OYdinance No. 31-06,an Ordinance appropriating monies to fund the
necessary expenditures and liabilities of the City of Brookings fox the 2007 Fiscal Year and providing
fox the annual tax levy and annual tax for all funds. Motion was made by Whaley, seconded by
Reitz, to approve.
Discussion: Council Member Reed made the following statement:
"The counczd should take a more active role in budget proce.r.r. Over the pa.ct couple ofyearc I've found we li.rtening to
the budget description and our only di.rcu.r.rion focu.re.r amund.rub.ridie.r and other minor change.r Through the city
charter the councid i.r re,rpon.rible for adopting the budget and may direct change.r to the czty manager. The budget ia one
of the council'r major policy making tool.r. Kita Thomp.con's comment rva.r al!department.r are haj�py�rith this budget.
Ourgoal.rhouldn't be to make the department heads happy-it.rhould be to make sure the citi�en.r are happy urith the
.reruice.r of the city.
I commented during the budget ses.rion that the net co.rt to the city forpark.r incr�a,red by 19.3% (�'171,000)2006
and 18% (�'190,000)for 2007 hoping it mould lead to a di.ccut.rion of ondy adding 1 police o�'icer ver.ru.r the 2
regue.rted IYIe knosv there are.rcheduling concern.r svith the ojf'icers.
Mike Riet�ha.r shoken about the need for code enforcement and reque.rted money be.ret a.nde in the 2007 budget. It
sva.r,ret a�ide for a pre.rentation from.rta�in Oct. A di.ccu.r�ion about thi.r in the budget.re.rsion alloivs the counczl to
.ret policy.
Some u�ill.ray that the budget i.r admini,ctrative but wher�sve.rpend money.ret.r the di�ction of city, making it a policy
deci.rion. We a.r a council need to focu.r on the direction of the czty and�vhat i.r imj�ortant to the citi�ens.ren�ed
The Budget.• 2006 pmjected exj�en.re.r for the general fund arp,�11,095,934 (a 29%increare fmm 2005)of which
591,000 i.r funded from re.cerue fund.►: EOY OS our re,rerver were 2.8 million and it is projected that it tvidd dmp to
2.2 million by the end of thi.ryear. Per council policy the re.rerr�e.r should be at lea.rt 3 million.
For 2007 our�tilanned e.xl6enditure.c ar� 12.2 million (an 11%increa.re from 2006)it i.r a balanced budget(revenue
ver.rus e.x�enditures) but doe.r not bring our ca.rh balance,r to councid policy. The planned 2008 budget�vith a 4%
increa.re al�o doe.r not increa.re our ca.rh re.rerUe.r. We are.rpending our�serye.r thisyear with no plan to replace the
fund.r During the budget se.crion I,rpoke of taking the p�nceed.r from the,rale of the liquorproperly and increa.re our
re.cerve.r by,j'300,000 and decrea.ring e.xpenditu�s or changing our policy on general fund re.rerve.r."
Rita Thompson, City Finance Manager, said$600,000 was needed from reserves for land purchases.
She agreed that the City needs to build up reserves and have a plan and that issue needs to be
addressed in the Council's Governance and Ends Policies so that the reserves are there when
building a budget. Reserves can be rebuilt with the Lowe's opening and future retail center.
Howevex, there was no money to build reserves in general fund for 2007. She noted there axe some
big issues coming in 2008 including storm drainage and othex areas and doesn't know how those
issues will be addressed.
Thompson saad on the police officer issue she made that recommendation after looking at the levels
of Watertown and taking into consideration that the Brookings Force wasn't fully staffed due to
military leave in Iraq. She felt the police departtnent was sufficiendy staffed.
Thompson said the city's financial foxecast looks bxightex in 2008 and 2009 with incxeased revenues
which will bring up the reserves to $3 million.
As fox park budget increases she noted the new pool had substantial additional costs. Reed
questioned if the pool was in the recreation or parks budget.
Reed said the Council should use the budget as a policy making tool and they aren't currently doing
that. The Council is not giving guidance to staff where it's important where the money is spent.
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Bezdichek commented that reviewing the monthly bills and ciaims reports was a helpful way to
understand departtnental expenditures. �
The Council will teview the GoveYnance and Ends Policies at a November work session.
On the motion: All present voted yes;motion carried.
2"a Reading: Ordinance No. 32-OG—Rezoning, Public hearing was held on Ordinance No. 32-
06,rezoning Sublot 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1,Bane and
Poole Addition from a Business RB-4 District to a Business B-2 District;and Lot 9 and the
adjoining vacated alley in Block 1,Bane and Poole Addition from a Residence R-1B District to a
Business B-2 District.
Public Hearinn.• Ryan I�rogman said the rezoning of Lot 9 to B2 would allow easier use of
development for that property and its potential sale. It is located at a high traffic count area and
next to retail. B2 zoning would provide for the highest and best use for that properry and for its
potential sale,building, or leasing. The two sublots need a 40' setback cutting the land by half:
There is a 40' buffer around Lot 9. The Planning Commission voted 0/5 to turn down this request.
Thexe were concerns from neighbors about increased traffic. Kxogman said that issue was
addtessed because access to State Street will be blocked off. Neighbors were also concerned about
its proximiry to a residential area. He noted that Brickwood Plaza was xezoned and is next to
residential. He feels the trees and road axe enough of a buffex.
MOTION: A motion was made by Reed, seconded by Reitz, to approve.
Discussion: Bezdichek commented that the area on the south side of 6th Street was becoming a
business district and the Ciry has been seeking moxe xetail spaces. How will the City get more
business uses if doesn't have more B2 zoning?
Hanson said the Planning Commission Yecommended not approving this request based on findings
of fact stated in their September 5th minutes. Lots 2 and 3 are alxeady commercially zoned. A RB4
zone is designed to be more restrictive. The primary issue was the neighborhood felt a more
intensive zoning for Lots 2, 3 &9 would result in more traffic on State Avenue. The Planning
Commission didn't feel a B2 zone adjacent to low density neighborhood was appropriate,that is
why they try to look at transitional zones such as a RB4. A RB4 zone functions well as a buffer.
On the issue of driveways,Hanson said this type of zoning wouldn't prevent a developer from
putting a driveway off of Lot 9 onto State Avenue. Without that protection the neighbors and
Planning Coininission (they) were opposed to it. In comparing RB4 and B2,a RB4 zone allows for
some commercial but is not as general as what a B2 would allow.
Bezdichek asked how Brickwood Plaza was zoned. Hanson said it was rezoned from RB4 to B2,
noting that the Brickwood proposal was next to a substantial intersection of arterial and collector
streets and this proposal was not. The Brickwood xezoning only affected low densiry on one side
with backyards on Dakota Stteet. This pxoposal would allow Lot 9 to become commexcial and be
surrounded by residential on 3 sides. The Plannuig Commission was looking at this area as a
transition from the B-2 zone on the corner.
Whaley asked about the driveway on Lot 10. Lanning said the owner is able to keep that dtiveway
and the city can't ask that it be removed.
Whaley expressed concern that the Sept. 5`''Planning Commission minutes were not complete. She
said when xeviewing an issue she reviews minutes to have a better understanding of the issue and
why things were voted on. In her opinion those particular minutes were not complete and hoped
that it would change in the future.
Whaley noted that the public is dxiving over the drainage ditch on the east end over the cement
culvert by the National Guard office.
Thomson said she understood why the petitioner was asking for the rezoning. She asked if a
restaurant wexe located there would lots 9 & 10 be parking. Only 9 because it would be difficult to
get parking with 40' setbacks.
Thomson was concerned that the neighbors that were opposed to this rezoning were not present at
the meeting and perhaps not familiax with the process thinkuig it ended when the Planning
,
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Commission tuxned it down. Thomson made a motion to table until the next meeting,but died for
lack of second.
Bezdichek asked if the neighbors and audience at the Planning Commission meeting were advised
that the next step in the process was with the Ciry Council. Hanson said yes,but they may not have
heard that.
Hanson said the City Council has many options to include approving, denying or amending the
request or sending it back to the Planning Cominission for modifications.
Baxdey said there are other options for the developers in the planning process. When they
puxchased the property they take a risk that they may not be able to rezone it. Basdey asked if Lot
9's 40' segment was big enough to replat. Hanson said it must meet the buildi.ng permit legal
description. Lot 9 serves as a 40' buffer requirement from Lot 10. This is also the 25' setback from
State Street. However, the alley isn't a designated street right-of-way. The owners have
development problems due to the lots'unique shapes. The Planning Commission recommendations
were based on expansion of B2 into State Street.
Wou1d a Planned Development District (PDD),control access onto State Street? Yes.
Bartley said he would support the Planning Convnission's recommendations,but would request the
petitionets submit reapplication undex a PDD where access on State Street could be controlled.
Hanson said the main issue was the traffic impact on a residential neighborhood. The goal of
zoning is not to allow zoning that negatively impacts an axea.
Hanson reiterated that the options before the Council aYe to deny the request, approve the request,
send the issue back to the Planning Commission with recommendations for access drives asking
them to review,or the developer reapplies with a diffexent plan.
Bezdichek asked if the Council could send the issue back to the Planning Commission requesting
they consider a PDD rathex than making the petitioner reapply. Bartley commented that the
developer may choose not to pursue a PDD ox there may be another plan they'd rather ask for.
Reed said the City is always looking for xetail development and there axe always reasons why we
can't do it. He commented that he knows what it's like to be close to a restaurant. He said this is a
tough call because we need this type of development in the city and Brickwood Plaza alxeady has
access to this road. What is the best use of this land?
Reitz agxeed with Reed stating the City has spent a lot of money on retail development and this
rezoning request doesn't cost the ciry anything.
Thomson said she'd recommend denying the request and that the applicant reapply as a PDD. That
way the la.nd can be used fox retail purposes with some restrictions on traffic into the adjacent
neighborhood.
Krogman said he could be in the same situation with a PDD request if the neighbors object.
Thomson said not that the Council can't ovexturn the Planning Commission's decision,but the City
has this Cominission in place to listen to the testimony from all sides and make a decision based on
information. She felt uncomfortable overturning theix decision.
ON THE MOTION: Bezdichek,Munsterman,Reed,Reitz voted yes;Thomson and Bartley voted
no;Whaley abstained. MOTION FAILED (The motion to approve the rezoning of Sublot 2 and 3
failed to receive the two-thirds (2/3)vote necessary to override the Planning Commission's decision
and was not approved.)
2"d Readin�• Ordinance No. 33-06—Rezonin�. Public hearing was held on Ordinance No. 33-
06,rezoning the west 50 feet of Lot A of Lot 4,Block 1, Skinners Tlvrd Addition from a Residence
R-2 District to an Industrial I-1 District. A motion was made by Thomson, seconded by Reed, to
approve. All pxesent voted yes;Whaley abstained;motion ca.rried.
2°a Reading• Ordinance No 34-06—Rezonin�. Public hearing was held on Ordinance No. 34-
06,rezoning Lots 1 and 2,Block 14,McCleman's Addition from a Residence R-1B District to a
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Residence R-3 District. A motion was made by Bartley, seconded by Reed, to appxove. All ptesent
voted yes;motion carried.
2°d Reading: Ordinance No. 35-06—Zoning Ord. Amendments. Public hearing was held on
Ordinance No. 35-06, amendments to the zoning ordinance pertaining to defin�irions, district
regulations,yard requirements,paxking and signs. A motion was made by Thomson, seconded by
Whaley, to approve. All present voted yes;motion carried.
2"a Reading: Ordinance No. 29-06—Hos�ital Board. A motion was made by Reed, seconded
Whaley, to xemove Ordinance No. 29-06 off the table fxom the September 12th public hearing. All
present voted yes;motion carried to xemove ftom the table.
Di.rcu,r.rion:
Dr. Ken Knudtson expressed concern that the Avera Medical Clinic may not have interests
consistent with the independently owned hospital. Adding extra physician board members may
create more of a mess than the original problem we're trying to resolve. He has no problem with
one doctor serving on the Board. The Hospital Board leadership is strong enough to know when
someone should recuse themselves. A large number of doctors serving as members could
overwhelm the Board.
Thomson said Dr. Richard Holxn reviewed the oxdinance and suggested minor xevisions that she
thought were a good compromise. She noted that these physicians axe eligible for appointment by
the Mayor but it doesn't say the Mayor has to appoint from each clinic. She agreed that she
wouldn't want to see the Board overwhelmed with physician representatives.
Cindy Mydland, Sioux Valley Clinic, said she was comfortable with the proposed revisions.
Bardey said he was opposed to the ordinance because he didn't feel it was necessary. He was
concerned that additional physicians associated with other clinics could have a political agenda for
the boatd. One physician serving in an advisory xole for the active medical staff would be sufficient
Another physician could apply for the next term. One physician won't control the board.The
Hospital Board should not serve as a fonun from all clinics in town.
Bezdichek said he was opposed to the ordinance and liked one physicia.n serving because thep axe
there to pxovide advice to the Board. This is a competitive business and there is a risk whenever the
Board goes into an executive session. It could become a problem for the Boa.td to determine who
has a conflict if there are multiple physicians serving on the Board. He noted that as a city owned
hospital any physician can attend those meetings and all financial statements are available. However,
executive sessions are to discuss strategy which is vital to the hospital's existence.
Munsterman said he shares this sentiment about physician xecusing themselves from executive
sessions and for that Yeason suppoxts this ordinance. He said things have changed in the medical
community. Last NovembeY and December 2005 the Hospital Board Pxesident and Hospital CEO
appeated before the Council regarding this issue. Review of this issue came about due to the
previous Hospital Interim CEO Ron Waltz who felt more representation was needed. His concern
was that the Board needed broader representation in order to remain viable as an independent
hospital and it would need to partner with primary medical care facilities. The second reason for
this ordinance was that Sioux Valley and Avera both have HMO products and we don't want them
in the executive sessions for those reasons. That is why the conflict of interest issue is specifically
addressed in the proposed ordinance. The Ciry needs to have some protection but it also needs to
foster a partnex relationship because the medical community has changed. That is why the Cauncil
asked the Hospital Board to come back with recommendations on the ordinance and the Boaxd
composition. He agreed that no one likes a board that is too big. He noted on the issue of multiple
physicians serving on the bo�d, that appointment xeconnmendations are the prexogative of the
Mayor but the Council doesn't have to approve those appointments. There is a double check system
on part of the Ciry Council.
Cindy Mydland,Sioux Valley Clinic, said she understands the concerns with conflicts of interest but
didn't see the difference of recusing one physician or multiple physicians during an executive
session. She said that she serves on a state appointed board and more than one person is recused
from sessions. Boards typically do a good job of policing themselves. It is an issue that needs to be
openly out thexe and talked about. She agreed that physicians would need to recuse themselves
whenever strategic plans were discussed. It shouldn't matter if it's 1 or 2. She understands that there
is a certain comfort level in leaving the board composition and the ordinance as it is;however,
204
health care isn't as it was and that is why we're looking at the issue. It is a nice problem to have
multiple clinics with active medical staff. In heY experience she has found that only one physician
representarive becomes more polirical rather than less.
Reitz was concerned that other physicians from competing clinics may not know what's best for
Brookings and its citizens. Mydland said this structure provides for good communication and to
know what is going on. Without this representative communication gets filtexed and is no longer
open.
Bartley felt the current oxdinance was adequate and the board could maintain independence and has
the communication skills to do that.
Mydland noted that she talked to Vern Carda, Hospital CEO,about the proposed recommendations
and he was fine with the changes.
Knudtson said the change to make the physician members non-voting was a good change.
Falken commented that the Board would like to have physician repxesentation regardless if it was
one ox multiple.
A motion was made by Reed,seconded by Thomson,to appxove Ordinance No. 29-06,An
Ordinance Revising the Composition,Appointment and Criteria for Appointment of Members of
the Brookings Hospital and Btookhaven Board of Trustees. Whaley,Thomson,Munsterman and
Reed voted yes and Bartley,Bezdichek and Reitz voted no;motion caxried.
Executive Session. A motion was made by Whaley, seconded by Reed,to entex into Executive
Session at 7:29 p.m. fox contractual matters with the City Council,City Attorney,City Manager,City
Clerk and Steve Meyer,BMU,present. All present voted yes;motion carried. Motion was made by
Whaley,seconded by Reed,to exit Executive Session at 7:50 p.m.All present voted yes;motion
catried.
Adiourn. A motion was made by Reed, seconded by Whaley,to adjourn. All present voted yes;
motion caxried. Meeting ad}ourned at 7:50 p.m.
City o •� okings
CITY OF
o�`i,,•�;Ntoq;•'�,o tt .Munstexman,Mayor
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/Shari Thornes,City Clerk