HomeMy WebLinkAboutCCMinutes_2006_10_24 213
Brookings City Council
October 24, 2006
The Brookings City Council held a meeting on Tuesday, October 24, 2006 at 4:30 p.m., at Ciry Hall
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Julie Whaley,Mike Bardey, Ginger Thomson (arrived 4:50 p.m.),Tim Reed,and Michael Reitz.
Interim City Manager Dennis Falken, City Attorney Steve Britzman (arrived 4:38 p.m.),and City
Clerk Shari Thornes were also present.
Executive Session. A motion was made by Reed, seconded by Whaley, to enter into Executive
Session at 4:34 p.m. for contractual matters with the City Council, City Attorney, City Manager,City
Clerk,City Engineer, and attorney Kent Cuder,present. All present voted yes;motion carried.
Motion was made by Reed, seconded by Thomson, to exit Executive Session at 5:00 p.m. All
present voted yes;motion carried.
Safe Ride Program. Alex Halbeck and Mitch Fargen,SDSU Student's Association,were present to
provide an update on the Safe Ride Program. The program started last school yeax pxoviding bus
rides to and from campus to the downtown area from 10:00 p.m. to 3:00 a.m. Thursday through
Saturday. With the assistance of grants, the Student's Association collaborated with Brookings Area
Txansit Authority (BATA) to provide this service for students. Ridership is continuing to increase
running at appro�cimately 200 riders per weekend during the school year. They have expanded to
two routes and would like those routes more easily identifiable and permanent with the installation
of benches, signage and gatbage cans.
Munsterman cited recent SDSU survey sta.tistics on the pxevalence of binge drinking among college
students. Can the success of this pxogram be tied to any identifiable DUI benchxnaxks?Halbeck said
it would be difficult to tie those numbers to the success of this program.
The number of non-student riders has increased. Non-students are charged$5.00 for a ride.
Whaley asked the location of the stops. Halbeck said that is a concern because without signage
students don't know where the stops are.
Bardey asked if someone monitors to prevent students from taking the buses back to the parking
lots to drive their car home.
Reed noted that on-stxeet overnight parking isn't allowed downtown. He is concerned that students,
rathex than get a ticket,dtive their car instead of riding the bus. He suggested discussing this topic
on a future agenda.
ACTION: A motion was made by Munsterman, seconded by Thomson, to direct the City
Manager to reseaxch what other communities are doing to curb binge clrinking and report back to
the Council. All present voted yes,motion carried.
ACTION: A motion was made by Reed, seconded by Bezdichek, to discuss the lifting of the
overnight parking ban in downtown. All present voted yes,motion carried.
Update on Camtius Transportation Plan.
On July 25,2006,Nancy Crooks,BATA Board member,appeaxed before the Council to report that
BATA had been approved for a Development Planning Grant through the Dept. of Transpoxtation
for a study of campus transportation needs and opportunities. The case study will be under the
direction of the Small Urban and Ruxal Transit Center of NDSU and will be no cost to the city,
SDSU or BATA. The purpose of the study will be to assess the transportation and parking issues of
SDSU and how BATA can participate. A requirement of the grant is the creation of an advisory
board and BATA requested a city council representa.tive be appointed to the board. The board's
duration will be one year or less with a limited number of ineetings. Council Member Tim Reed
volunteexed to serve and has been attending these meetings on behalf of the City Council.
Council Member Reed provided an update on the status of the project. The first step was to
establish an advisory board. The Board is now conducting a needs assessment which will be
completed sometime in November.After that point the Board will evaluate the feasibility and what
concept to select.
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Munsterman asked if the survey could be community-wide. Reed recommended the Board
complete this survey first and evaluate those results before conducting a community-wide survey.
Review of 6:00�.m. meeting topics. The Interim Ciry Manager responded to questions
pertauung to the action items on the agenda.
Code Enforcement.
Falken tepoxted meeting with city staff and the attorney to xeview the types of codes enfoYCed. He
provided the following summary and asked what areas the Council is directing the staff to look at:
building code,plumbing code,house moving permit,property maintenance ordinance,rental
licensing requirements, zoning ordinance xequirements, and nuisance abatements. Britzman noted
this doesn't address all enforcement procedures, but is a good start. Staff is working to build some
uniforniity foY code enforcement.
ACTION: A motion was made by Munsterman, seconded by Reitz,to discuss code enforcement
further at a work session focusing on the following axeas: rentals,property maintenance,and
nuisance abatement. All present voted yes;motion carried.
Citv Charter Revisions. A motion was made by Bartley, seconded by Reed,to table discussion
until November 14,2006. All present voted yes to table,motion caxried.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Appointment of Erin Brubakken to the Brookings Committee for People with
Disabilities and action to hold a special council meeting wexe added to the agenda. A motion was made by
Whaley, seconded by Reed,to approve the consent agenda which included:
A. Agenda, as amended.
B. Minutes (10/10/06).
C. Action on Resolution No. 109-06, awarding bids for Agricultural Land Rent.
Resolurion No.109-06
Resolution Awarding Bids on Agricultural Land Rent
Broolaings Regional Airport
Whereas,the Ciry of Brookings has received the following bids fox Agricultural Land Rent for the
Brookings Regional Airport:Chad Ford,Bruce,SD-Total Bid: $12,631.40;Kevin Triebwasser,Volga,
SD-Total Bid: $13,000.00;and South Dakota Foundation Seed,Brookings,SD-Total Bid:
�14,384.00. Now T'herefore,Be It Resolved that the high bid of South Dakota Foundation Seed in
the total amount of$14,384.00 be accepted.
D. Appointment-Action to appoint Erin Brubakken to the Brookings Committee for People who
have Disabilities as a student member filling an une�ired term through May 1,2007.
E. Special Meeting-Action to hold a special council meeting on November 8,2006 at 3:00 p.m.
to meet with FAA officials
On the consent agenda, all present voted yes; motion carried.
Open Forum. Sherry Karber and Jackie Telkamp expxessed concerns about deadlines that were
missed regarding houses that were moved into their neighborhood by Kyle Proedahl. They were
directed to meet with the City Manager to xesolve the issue. Kaxber also asked if the ordinance on
grass height limits could be changed fxom 15" to 6".
2°a Reading—Ordinance No.36-06-Zonin� Public hearing and action was held on Ordinance
No. 36-06,an Ordinance amending the Zoning Ordinances of the City of Brookings by esta.blishing
Temporary Zoning Control concerning anixnated signs and declaring an emergency.
Public hearing.•
Jonnie Einspahx, 403 8th Street, spoke in favor of the proposal and was the one who asked for it
originally. She restated her earlier testimony from October 10�'and urged the Council to take the
time to study this complex issue.
Doris Roden,DBI Program Manager and resident at 727 Main Avenue,noted a letter from DBI in
which they requested a moratorium on signage in the downtown axea.
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Dick Petexson,Board of Adjustment Chairman, said this was a complex issue. He also attended
recent Planning Commission meetings regarding this issue in where they discussed a special
coinmittee to reseaYCh the topic and return to the Council with a report.
Pat Fishback,423 8th Street, said her main concern is that the oxdinance needs to be reviewed
because of the cuxrent natuYe of animated signs. They are now more technically advanced and our
current ordinances don't address the current nature of our signs. Prior to the 1990's,institutions
such as churches weren't allowed to use signs in residential districts and this issue should be
reconsidered.
Carrie Van Buren,Brookings Historic Preservation Commission Chair, said the BHPC opposes the
use of animated signs of any type in or near historic districts and properties and that they are
intrusive and detract from the character of the neighborhoods.
Public hearing closed.
A motion was made by T'homson, seconded by Whaley, to approve Ordinance No. 36-06. All
present voted yes;motion carried.
Resolution No. 111-06—Annexation. Public hearing and action was held on Resolution No. 111-
06,a petition to annex the north 1,550 feet of the W'/2 of the NW '/4 of Section 2-T109N-RSOW
excluding Oudot C in the NW '/a of the NW '/a and Lot D on the Christie Addition. Motion was
made by Bardey, seconded by Whaley,to approve. All present voted yes;motion carried.
Resolution No. 111-06
WHEREAS,The City of Bxookings is authorized pursuant to South Dakota Codified Law 9-41 to annex
contiguous territory upon xeceipt of a written petition,describing said territory sought to be anneaced,
signed by not Iess than three-fourths(3/4}of the legal voters and by the oumer or oumers of not less than
thxee-fourths(3/4)of the value of said territory,and
WI�REAS,The City of Brookings desixes to annex the following described property,to wit: The north
1,550 feet of the west 1/2 of the northwest i/4 of Section 2-T109N-R50W,excluding Ouflot C in the
NW 1/4 of the NW 1/4 of Lot D of the Christie Addition.
WHEREAS,The aforesaid land is conriguous to the present boundaries of the Ciry of Biookings,and
DUHEREAS The City of Brookings has received a Petirion for Annexation of Territory signed by the
ownexs of greatex 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 xesiding in said territory,now therefore,
BE IT RESOLVED By the Ciry of Brookings,South Dakota,that the pxoperry described above is hereby
annexed to the City of Brookings.
Resolution No. 110-06. Public hearing and action was held on Resolution No. 110-06,a
Resolution of Intent to lease real property to a private person. Motion was made by Thomson,
seconded by Whaley,to approve. All present voted yes;motion carried.
Resolurion No.110-06
Resolution of Intent to Lease Real Property to Private Person
BE IT RESOLVED by the goveming body of the Ciry of Brookings,South Dakota,that the City of
Biookings intends to enter into a Lease with South Dakota Foundation Seed for a period of three(3)
years,commencing January 1,2007 and ending December 31,2009,and pertaining to the following
described pxoperry: The designated hayland and familand on the Brookings Regional Airport,two
hundred seventy-four(274)acres moxe ox less,in Sections 26,27,and 35,T110-R50 in the City of
Brookings,Brookings Counry,South Dakota.
The Lease will be an amount of Forty Dollars and no Cenrs per acre(�40.00)for hayland and
Seventy-two Dollars($72.00)per acxe for crop land,payabie first half on April 1 and the iemauung
half on November 1 of each year. 'The Lease may be renewed by notification by Lessee by Decembex
31 for each additional year,however,either party may give sixty(60)days notice prior to the
termination of the Lease to terminate said Lease Agreement,and the Ciry of Bxookings may texminate
this Lease at any time in the event a paicel of the above described property is to be sold by the City of
Brookings.
BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on Octobet 24,2006
at 6:00 o'clock P.'Vf.at the City Council Chambexs and that all persons were given an oppoxtunity to
be heard on the intent to lease real property.
Brookings Health System Board A�pointment. Bardey cited a Point of Order requesting the
Mayor recuse himself from the process and allow the Deputy Mayor to make the appointment based
on conflict of intexest. Munsterman said he had no problem in abstaining,but was unclear about
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Baxtley's zequest. Bartley said he is requesting that the Mayor recuse himself from the appointment
process and allow the depury mayor to make the appointment.
Munsterman noted that the last appointment to the Hospital Board was made with the same
process. He made the appointment recommendation but abstained from the vote.
Munsterman requested guidance from the city attorney on how to proceed. Britzman said this is an
appropriate d.iscussion for the Council to engage in and the Council must define what a conflict of
interest is in this context.
Bardey noted that there is the perception of a conflict in this case and it could damage the Council's
reputation if the issue isn't raised and challenged. In his opinion there is clear compelling
appearance of a conflict of interest in public's eye.
Munsterman said he was open to discussing the issue and cited no direct tie to the Hospital as a
practicing chiropractor. Bartley disagreed citing Munsterman's practice is located in a facility that is
in direction competition with the Brookings Hospital. That can be perceived as a conflict by a
reasonable person.
Munstennan thanked the Council for their comments and agreed to withdraw from the process.
A motion was made by Reed, seconded by Bartley, to appoint Dr. Debra Johnston to the Brookings
Health System Board. All present voted yes;Munstexman absta.ined,motion carried.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:01 p.m.
ookings
Scott . unsterman,Mayor
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