HomeMy WebLinkAboutCCMinutes_2006_12_12 239
Brookings City Council
December 12, 2006
The Brookings City Council held a meeting on Tuesday,December 12,2006 at 4:00 p.m.,at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Tom
Bezdichek,Julie Whaley,Mike Bardey,Michael Reitz,Tim Reed and Ginger Thomson. Interim City
Manager Dennis Falken,City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
4:00 P.M. WORK SESSION
Brookings Railroad Safetv Committee. The City Council xeviewed a draft resolution prepared by
the City Attorney that would form an ad hoc railroad safety committee. The intent would be to take
action in January and the committee would staxt immediately. The Mayor will accept names from
the public. The Committee chair will be required to provide the Council with monthly updates.
There was discussion if the committee should try to xeach an agreement before DM&E gets their
fmancing approval,which is within 90 days. They discussed having the Mayor send a letter asking
fox a schedule on the financing. Some questioned the value of the letter and suggested removing the
time pressure. It was noted that this issue pertains to the safety of Brookings and not the loan to
DM&E.
The resolution will designate a timeline that the committee shall complete its report by December
31, 2007 or withixi 2 weeks following a request by the CC for a report of the committee's work.
Review of Bonding Capacitr.
Toby Morris,Northland Securities, Inc.,presented a capital improvement pla.nning model to the
Ciry Council. Northland is an underwritex of bonds based out of Minneapolis. Morris reviewed the
city's current debt,bonding capacity,and second penny sales tax. The Council commended Morris
and Rita.Thompson fox the report and new format.
Review of Budget Surplus. Rita'Thompson, Finance Manager, distributed a financial report
providing detail on the upcoming budget amendment request. She anticipates a budget surplus for
pear-end 2006.
Retail Develo ment BEDC Mission. Munsterman said the City needs someone ox a group to
ca.rry the ball on xetail development. The BEDC may be that organization if they find it's within
their mission. However,the city may need to provide them with additional funding for staffing. Al
Heuton,BEDC Executive Directox, said his board will review the issue on December 20th.
Promotional Committee Agreement. The City entered into an agreernent with the Chamber on
February 14,2006. Munsterman said the city was aware that additional revisions would be needed
to this agreement. Based on recent discussions with the City Manager and Promotions Corninittee
chaix,the ciry attorney drafted revisions to the agree�nent fox Council review. There appears to be
some confusion about the committee composition. The promotions committee and CVB
committee appear to be the same people and that was not the intent.
This comtnittee is xesponsible to oversee the expenditure of the third B funds of$225,000 pex year
for promotions. The group is also responsible to the Citp Manager under this agreement.
Britzman said the promotional component appears in the Chambex agreement and is a common
denominator in the visitor promotion committee. The combining of the two entities into one
agreement has presented confusion about roles and reporting xesponsibilities. The City Council
adopted an agreement with the Chamber on February 14,2006 which was an update on a July 1,
2005 agreement. T'hat agreement xemains intact. The proposed new agreement would separate out
the pxomotions cormnittee and better define the roles. 'The agreement doesn't change anything,but
cla,rifies roles. Two agreements are needed to provide claxity.
City Council action is needed on this agreement.
Review of 6:00�.m. meeting to�ics. The Interim City Manager responded to questions
pertaining to the action items on the agenda.
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To�ic introduction for future agendas. Shari Thornes, Brookings City Clerk, provided a briefmg
on futute agenda items.
A. Briefmg on future agenda items.
B. January Planning Retreat Date.
C. February Goal Setting Retreat Date.
Briefing on u�coming council invitations and obli ations. Thornes reviewed the City
Council's upcoming invitations and obligations.
City Council Member introduction of topics for future discussion.
Reed requested cauncil approval for him to participate in mobility planning services institute in May
2007. A motion was made by Munsterman, seconded by Thomson, to authorize Tim Reed to attend
this conference and reimburse for any expenses. All present voted yes;motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent enda: A xeport on the National League of Cities Conference was added to the agenda. A
motion was made by Bardey, seconded by Whaley, to approve the consent agenda which included:
A. enda,as amended.
B. A�pointments. All of the following ate three year terms e�iring on January 1,2010: Board of
Adjustment-Dick Peterson;Brookings Committee for People who have Disabilities—Dona
Kornbaum and Jeff Vostad;Historic Preservation Commission—Mary McClure Bibby;Human
Rights Committee—Kelley Jean Tilmon and Kristin Asche;Library Board—John Kubal;Traffic
Safety Committee—Daryl Englund. Board of Appeals (5 year term expiring 1/1/2012)—Dan
Rettedal and Dick Anderson.
C. Action on a board a�pointment recommendation by the Deput.X Mayor Brookings
Health Svsteml. 'The following is a three year term expiring on January 1,2010: Brookings
Health System Board—Dr. Roberta Olson and Dr. Daniel Little.
D. Action on Resolution 127-06,Fina1 Change Order for 2006-06STI, Street Maintenance Project.
Resolution No.127-06
A Resolution Authorizing Final Change Order(CCO#1 Final)For
2006-06STI,Street Maintenance and Overlay Project
Bowes Construcrion,Inc.
BE IT RESOLVED by the City Council that the following change ordex be allowed fos 2006-OGSTI:
Street Maintenance and Overlay Project: Construction Change Ordex Number 1 Final.Adjust
estimated quantities as"as build"for a total decrease of$29,300.62.
E. Action on a�reliminary ulat for Christie Addition.
NLC Re�ort. Council Members Tim Reed and Ginger Thomson attended the National League of
Cities annual conference in Reno this December. Reed and Thomson both commended the event
and recommended the City send more council members in the future.
Reed attended a�class on effective use of parliamentary procedures and noted that the City is doing a
good job. He did come away with some ideas on how to manage debate and forwarded those
thoughts to the Ciry Clerk. He noted that the Council has the ability to refer items to committee or
staff until it's completed. One change to procedures is that tabling to a specific date is no longer
needed.
Reed also attended a session on affordable housing. He'd like an opportuniry next month to report
on this issue in greater detail and to update on the local committee he's attending.
Reed gathered information on a "budgeting for outcomes" method that some cities are using that
citizens seem to like because it's more transparent government.
He noted the "Retrac" project in Reno which is a xailxoad trench through town that is on time and
on budget. This was a case in where two ra.iltoad lines merged and the EPA said there was no
impact. The City sued and ultimately received$60 million from the railroad for this project.
Another communiry he pointed out was Hampton,Virginia for their active Coalition for Youth
program.
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He also met with a US Census repxesentative who had recommendations on how the local
government could work with the Census Bureau for a more accurate count.
Thomson thanked the Council for the opportunity to attend the conference. She said it provided
valuable inforxnation and leadership opportunities. 'Thexe were ovex 3,500 council members and
others in attendance. There isn't an issue out there that someone else hasn't already faced. Making
connecrions at these events is so impartant.
Henry Cisneros, former Housing Secretary, said the most important economic development is done
regionally. Economic Development can't be done alone anymore. Cities loose opportunities if
don't get together regionally. Omaha is a great example. All the economic development people are
under one roof.
Another idea is to get the citizens to visualize your plan. When the City of Minneapolis wanted to
improve their river area they had a painting of that vision commissioned and hung in the public
library.
'Thomson said another economic development tool is community branding,not community
advertising. What are people saying about you ox yowr town when you're not around? Thexe should
be one message. They sttessed a central,sizable and inclusive marketing partnership of ciry,private
and economic development. Warrensburg,MO,looked for target audiences who to btand to.
What makes your town unique and what do you have that no one else has. They found that theix
university community loses 50% of the phone changes every year. They recognized that people
change out every spring and didn't see it as a negative. They promoted this renewal as "made fresh
daily.��
The mayor of Moscow, Idaho, said their town had difficulties with graduates leaving and this was
promoted by the slogan, "from here,you can go anywhere."
The NLC has a constituency group for elected officials for university communities and she'd like to
look more into this.
Another idea was one city manager sends his council weekly email updates.
Resolution No. 126-06—stop sign placement. A motion was made by Bartley, seconded by
Whaley, to remove Resolution No. 126-06 from the table. All ptesent voted yes;motion carried.
ACTION: A motion was made by Bardey, seconded by Thomson,to approve Resolution No. 126-
06, concurring in the placement of a Stop Sign on West 10th Street at West 16th Avenue South.
Discu,r.rion:
Jackie Lanning, City Engineer, said the city received a letter from the Brookings Township Board
(Dan Miller, Chair,Da1e Ishol,Lyle Johnson, and Leon Wrage)with the following
recommendations: 1) Consider placing the stop signs for the north/south traffic rather than for the
east/west traffic. This would provide fox signs and traffic flow that would be more consistent with
that area. There likely is more traffic using the east/west roads than on the north/south roads in the
area. 2) The board supports the action to remove any trees and brush that affect visibilitp in the
area of concexn. This is an important part of reducing the risk of accidents and can also be a factor
affecting drainage.
Lanning said the City Traffic Safety Committee discussed placing a stop sign on West 10'�Street at
its intersecrion with 16`''Avenue South at its November 9,2006 meeting. There was recently a
severe accident at this intersection,and the Police Department indicated there have been othez
accidents in the past at this location. The comtnittee discussed their concern about the safety of this
intersection. This intersection boxders the western city limits,with no speed limit posted on 16`�
Avenue South and 25 mph on West 10`� Stteet. West 10`h Street has a curvatute near this
intersectton,causing visibility to be obscured. The comnzittee also discussed that this intersection
has obscuxed vision due to the tall trees and shrubs in the southeast corner of the intersection. The
trees and shrubs are within the clear sight triangle,and City forces are currendy removing many trees
from this area. The corrunittee felt this intersection would warrant stop signs for West 10�'Street
due to the higher speeds on 16`�Avenue South, combined with the curvature of West 10`�Street and
the difficulty to clear the entire site triangle. The Traffic Safety Committee voted unanimously at
their November 9, 2006 meeting to recommend a stop sign on West 10`'' Street at the intersection of
South 16"'Avenue.
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Lanning said the city ordinance stipulates signage installarions are to be based on traffic volume and
safety and stop signs at the east and west sides would provide the best contrasting views and safety
mitigation. Removal of the trees will not give the site view needed. Stop signs are needed.
Barde�said he has studied accident investigation for the National Sports car Club including accident
re-creation. He said in the case of that specific intersection,a driver encounters a curve when
heading west. On a curve the driver's eyes are down on the curve and the eyesight isn't looking left
ox right. The north/south drivers can't idenrify a car coming up due to the curve. East/west stop
signs make more sense.
Dale Ishol,Township Board, said most of the traffic is east/west. There is only one place on the
north/south side where someone lives. All the other signs are on north/south sides and switching
directions on this one would be confusing.
Falken noted that 3 of the 4 intersections are located in the township and not the city litnits. He said
the last thing the City wants to do is install stop signs and then change to a different location. We
want to do it correcdy the first time. To draw attention to the new signs the city would install
reflective tape and lights for a couple of weeks.
On the motion,all present voted yes;motion approved.
Ordinance No. 39-06—Budget Amendment. A motion was made by Whaley, seconded by Reed,
to approve Oxdinance No. 39-06,Budget amendment#5 An Ordi�ance Entided"An Ordinance
Authorizing a Supplemental Appropria.tion to the 2006 Budget For The Purpose Of Providing for
Addirional Funds for the Operation of the Ciry.
Liquor&Wine Renewals. A public hearing and action was held on liquox&wine renewals. A
motion was made by Reitz, seconded by Reed, to approve all renewals. All present voted yes;
motion carried.
Applebee's jPorter Apple Co.B Inc., 3001 LeFevxe Dx. Liquor (on sale)
Cubby's Sports Bar&Grill / GDT Inc., 307 Main Ave. Liquor (on sale)
Danny's / David Olson Inc., 703 Main Ave. So. Liquor (on sale)
B P O Elks Lodge 1490, 516 4�'St. Liquor (on sale)
Jim's Tap, 309 Main Ave. Liquor (on sale)
Half Pint Enterprise Inc /Lantern Lounge, 303 3`d St. Liquor (on sale)
9 Bar Nightclub, 303 Main Ave. Liquox (on sale)
Pavilion, 2500 6�' St. Liquor (on sale)
Pheasant Cafe&Lounge, 726 Main Ave. So. Liquor (on sale)
Ptaixie Lanes/Busick-Nelson Inc. Liquox (on sale}
Ram&O'Hare's Ent LLC/The Ram, 327 Main Ave. Liquor (on sale)
Ray's Corner/ Fergen Ent. Inc., 401 Main Ave. Liquor (on sale)
Safari Lounge Ltd,421 Main Ave. Liquor (on sale)
Skinnex's Pub, 300 Main Ave. Liquor (on sale)
Staurolite Casde&Suites/T'heophania,2515 E. 6�'St. Liquor (on sale)
VFW Post 2118, 520 Main Ave. Liquor (on sale)
Municipal Liquor Stoxe,780 22"d Ave. So. Liquor (off-sale)
Guadalajara, 1715 6`�St.,Suite F Wine (on sale)
Old Sanctuary,928 4�' St. Wine (on sale)
Perkins Family Restaurant,2205 6`� St. Wine (on sale)
Conditional Use Permit—Brad Winker. A public hearing was held on the Council review and
consideration to extend a Conditional Use Permit granted to Bradley Winker by the City Council of
the City of Brookings on Octobex 25,2005 for a Motor Vehicle Repair Shop on Lot 6,Block 12,
Parkdale Home Association Third Addition also known as 901 First Avenue. Said Conditional Use
was granted to Bradley Winker only and for a period of one yeax to be xevisited at that time:
Motion was made by Thomson, seconded by Reitz, to approve.
Public HearinQ �
Steve Britzman, City Attorney,provided the Council with a summary of the issue. One year ago the
City Planning Commission recommended to the City Council not approve Mr. Winkex s conditional
use pexmit. However,the City Council took action on October 24,2005 to allow the conditional
use to continue for a limited period. We are now in the same position. The Planning Commission
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report still remains. If the City Council were to consider issuing the condirional use and overti.irning
the Planning Commission's recommendation,it would need a 2/3 vote (5 of 7) to override.
Britzman noted he had met with Mr.Winker a number of times in 2005 and 2006 and tried to
review some changes that should be made.
Munsterman asked if those changes were made. Britzman said he didn't see any significant changes.
Britzman said it was up to Mr. Winker to decide what he needed to do to his propexty to extend his
conditional use. The fmal condition is up to the owner. Britzman had made comments and
suggestions,but he was not the one making the fmal deterniinarion.
Dan Hanson,Planning and Zoning Administrator, said he had been by the site. 'I'here has been a
level of disorganization on the property fox a number of years. It is very difficult for ciry staff to
deternvne what is home occupation material and equipment and what is personal outsid�storage. If
the City Council grants this condirional use they should do so for a specific period of time and let it
expire. He cautioned that this property has a tendency to change in appearance very quickly. At
some point defining the on premise parking for tenants need to be addxessed. Hanson encouxaged
installation of haxd surface parking be required. That would organize the parking and would
differentiate where tenants and customers patk. Ordinance mandates these parking xequirements.
Hanson said Mr.Winker has a history of violations with this property. A non-compliant sign has
been removed. To be a home occupation the owner must live in the property. Mr.Winker
previously claimed he lived there;however he did not,which would make the conditional use null
and void.
Bartley asked Mr.Winker if he lived at the premises. Winker said he is living at 909 First Avenue
and there are two houses on one lot.
Bartley said the reasons the Planning Commission voted 0/6 to deny this conditional use was that
Mr.Winker didn't live at the residence among several other violations. Bartley noted that it has been
difficult to ascertain what is tenant verses customer parking and what is personal verses business
equipment visible in the yard. Storage for the business should be screened.
Bezdichek said if the conditional use weren't granted it would prevent Mr.Winker from working on
family vehicles.
Hanson said this is a home occupation in which the applicant works for a living at his residence.
That is why there axe restrictions because this is a commercial use in a residential zone. The Ciry is
mitigating the impact on the neighbors.
Winkex said that working on cars is also a personal hobby. He has several cars personally and plans
to get more. However,without a conditional use permit he won't be able to make a living at it.
Bezdichek asked Winker if he also had rental property and catde fox income. Winkex responded yes.
Winkex said he doesn't have signs designating parking and hasn't paved the lot,but would like to.
He could install the signs. .
Britzman noted other issues including tractors and a pick-up truck parked on the site. There is also
heavy vegetation. Winker said the tractors are part of the farm in the�ag-zoned area.
Munsterman asked Winker what he had done over the la,st year to improve his situation. Winker
said the city won't allow him to install a fence. He won't have the ag lot eventually,hoping tZiat
someone will buy it. Hanson clarified that the city did not tell Winker that he couldn't have a fence.
He noted that every property can have a fence in the "xear yard."
Winker said he moved the nvll inside, scraped the lots,hauled in fill, and is cleaning out the sheds.
Bartley said this is a non-conforming use in a residential neighborhood. He felt it was time to clean
it up,but feaxed without a conditional use there wouldn't be a change in the property's appearance.
Thomson said she didn't like the condition of the propexty or the area to the north. She asked
Winker if he is violating any major home occuparion rules. Winker said he works on cars in the 6
stalls,2 stalls are for customer cars and he doesn't work on vehicles outside. Everyt�ung is confined
to one building. He doesn't have hobby and other storage buildings that will remain no matter what.
The shop building is on lot 6 and his personal property is on lots 5 and 7.
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Munsterman asked the ciry staff what Mr. Winker has violated. Hanson said Mr.Winker is claiming
he has corrected the violations about his residential location and signage. The outside storage issue
is difficult to determine due to the general condition of the property. It would be difficult to
determine what percentage of the building is hobby and what is business. As the Planning
Commission pointed out, they think there is a negative impact on the neighborhood from this fairly
intensive commercial use.
Bezdichek said this exceprion was gtanted to Mr.Winker's father in 1978. Was there a clause that
the home occupation could continue after he was gone? Britzman said the Council needs to
consider,when looking at this issue, the residential character of that neighborhood and the longtime
existence of a business in that area. Has that business enhance or detracted from the neighborhood?
Usage needed to be restrained or revised to be relevant to the curzent neighborhood conditions.
Changes would help make the business more tolerable to the communiry and to the neighbors.
Britzman noted that 1VIr. Winker is now making efforts to do something things. He has not,
however,made changes that were obvious to Britzman. He has made some,but not many.
Britzman said Mr. Winker's statement of residence and continued use in a public setting is
acceptable and doesn't have evidence to the contrary. The City Council must decide if that use can
continue given the history and current condition.
Reitz asked if the repair garage were located an additiona120 feet back into the ag-zone;would that
make a difference. Is that an issue? No, he can't have a repair shop in an ag-zone. This is a
commercial activity only allowed in B3,B4 or I-1 zones.
Winker said he used to employee two people,but does less work now. However,he plans to
continue the business on a part-time basis.
Dennis Falken said this continues to be a problem with Mr.Winker's personal storage outside. The
City has been trying to work with Winker,but when city sta.ff arrives he doesn't allow them on his
property and nothing gets done. Falken said the Council appxoved it for one year and the property
still remains in the same condition. He is concerned that unless there is a commitment to get items
removed,it will remain the same. Transmissions are part of the business but they need to be stored
inside.
Bezdichek suggested the city take pictures of each violation and show each as a slide to the City
Council. The City can stipulate each item that must be cortected and xequixe 100 percent
compliance.
Falken noted that the Maintenance Oxclinance and Conditional Use Pexmit are two different things.
Britzman said he had the same idea;however,if those plans don't materialize the result still may not
be acceptable. Another problem is the list of things would keep changing.
Whaley suggested if the City is working with the property owner's attorney, to send the list to the
attorney and state if all aren't completed the conditional use permit would be xevoked. She asked
Mr. Winkex if he needed help. She agreed that each violation should be documented and the owner
be given a limited amount of time to comply, otherwise he loses his pertnit. She noted that no one
wants him to lose his business. She also commented that if he gets the list done thexe'd be another
10 moxe violations.
Reed asked if there are situations where the city changes uses in zoning areas. Hanson said a
transmission repair shop in a neighborhood is more of a "major" business.
Munsterman noted that there hadn't been much change in the last year and that the city attorney had
offered to personally follow-up and guide the process. Munsterman e�ressed concern that even
with that level of close personal contact;Mr. Winker still would not recognize a level of personal
responsibility. Nothing has xeally impacted in the last 12 months and is concerned that moving
forward with this permit and getting other people involved will not help this situation. He didn't see
any evidence of personal responsibility in the last 12 months. He said he'd like to support the
permit request,but can't.
Thomson asked if he would go out of business if the pernut isn't granted. She said the city has tried
to compromise and told Winker that being defensive wasn't helpful. Thomson questioned i#'the city
can't find any proof of violating the major home occupation nzles. She felt the city is spinning its
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wheels and not getting any coopexation from the owner. She'd like to see the property cleaned up,
but if Winker isn't violating any regulations, then didn't feel right by denying this.
ACTION: A motion to amend was made by Bezdichek, seconded by Reitz, to issue the permit for 9
months expiring on September 18,2007. The City Attorney and property owneY, or his
xepYesentative,would meet to review the specific list of things to be done in order to retain this
permit. One hundred percent compliance would be required. On the amendment, aIl pYesent voted
yes except Bartley and Munsterman voted no,motion carried.
On the original motion,as amended,Bezdichek,Reitz,Thomson and Whaley voted yes and Bardey,
Munsterman and Reed voted no,MOTION FAILED.
Executive Session. A motion was made by Reed,seconded by Bardey, to enter into Executive
Session at 7:27 p.m. for contractual matters with the City Council, City Attorney, City Manager and
City CleYk present. All pYesent voted yes;morion carried. A motion was made by Reitz, seconded
by Whaley, to e�cit Executive Session at 7:55 p.m. All present voted yes;motion caYried.
Adjourn. A motion was made by Reitz, seconded by Whaley,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:55 p.m.
Ciry of Brookings
�`�oo���T cott D.Munsterman,Mayor
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ari ornes,City Clerk