HomeMy WebLinkAboutCCMinutes_2007_10_09 399
Brookings City Council
October 9, 2007
The Brookings City Council held a meeting on Tuesday, October 9,2007 at 4:30 p.m.,at City Ha1I
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Julie Whaley,Mike Bartley, Ryan Brunner,Tim Reed ana Ginger Thomson.Acting City Manager Rita
'I'hompson,City Attorney Steve Britzman,and City Clexk Shari Thornes were also present.
Project Insight. "Project Insight" is a pYOject initiated by SDSU President David Chicoine to build
a sustainable competitive advantage by knowing the competition,identifying programs/products in
which it competes, and using data to assess its competitive position. The City has agxeed to parmer
in this project by contacting other communities for infotmation. The City Council xeviewed the list
of potential questions to ask city leaders.
Tim Reed suggested there be more town and gown questions to include information on student and
city relationship, the college and city Yelationship, transportation partnerships, and student housing
policies and programs.
There was consensus to proceed with the following plan:
1) Mayor Munsterman will send a letter of introduction to the respective mayors with an
out]ine of the questions, a request for appropriate contact names, and a request to set up
phone interview times.
2) Council members were asked to review the questions and highlight key ones to keep on the
list. All questions will be retained fox the phone call.
3) Councii members will be assigned communities to call and provided with names and
phone numbers.
Draft Policy on City Donations & Subsidies. The Council reviewed a draft policy on subsidies
that would be an amendment to the Governance and Ends Policy if adopted.
Rita Thompson, City Finance Manager, said she contacted all first class cities to find out what they
provide in subsidies fox non-mandated services. She said it is difficult to compare to Siou�c Fa11s
because they contract with other governmental and private pxoviders for many of their activities.
Brookings, Pierre and Yankton are more similar. Watertown has eliminated their appropriation to
the school district in 2008 due to decxeasing revenues.
Based on previous years and othex cities' history,Thompson identified up to 4% as a percentage for
annual subsidy funding.
Reed suggested a range for the school district rather than an"up to" statement. There was
consensus to change the language to state: "The City of Brookings may annually appxopriate not
less than 13.5% up to 15% of the transfer from the Bxookings Municipal Utilities to the Brookings
School District."
There was also discussion about amending this section to require all documents be submitted.
Britzman noted that not all documents may be applicable to a particular organization. `:..General
Guidelinef for Sub.ridie,r ..."Additional documents that SHALL be requited include the organization's
current expense statement and budget,Board of Directors listing, current Annual Report, and all
othex items specified in the City of Brooking.r A1hj�lication for Funding."
Reed suggested clarification in the application section related to the Americans with Disabilities Act
to ensure that all programs and services are accessible,not just new construction facilities.:' .. �
Reed recommended changing the category of child care/after school programs to be called"youth
development."
Staff will bring back a xevised policy based on these suggestions for further discussion at a work
session.
Review of the Trans�ortation StudX Recommendations. The City Council reviewed the
recommendations outlined in the study. Those recommendations were: 1) Establish a coordinated
Ttansportation Board;2) Build support for same-day, coordinated service; 3) Revise existing City
Transportation Funding Allocation and Oversight Policy;4) Study expanded fixed-route services; 5)
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Consider role of transportation in large event planning; 6) Consider vanpool services; and 7)
Incorporate Community Transpoxtation into emexgency planning.
Reed spoke in favox of creating a Transportation Board and suggested that board would decide how
to allocate the ciry's transportation funding. The Board could develop measurements for services
and let them manage the funds and services. It was clarified that the Board would make
recommendations to the Council for final approval.
Board composition suggestions included the following representation: Brookings Health Systems,
City of Brookings,Brookings Committee for People who have�Disabilities,Brookings Public School
District, East Central Mental Health, Department of Vocational Rehabilitation,Downtown
Brookings Inc., SDSU Administxation, SDSU Student Association,ADVANCE, Senior Activity
Center, citizen-at-large. Ex-officios: service providers.
The City Attorney and staff will prepare a draft ordinance outlining board rules and xesponsibilities
for discussion at a future work session. Getting the board established by January 15C was
recommended.
Brookings Airport NAV-AIDS1 WAAS. Jackie Lanning xepoxted that staff had spoken with the
Federal Aviation Administration Airport District Office regarding the Wide Area Augmentation
System(WAAS) letter. FAA cleaxly stated that a WAAS system would not improve any issues at our
airport, either short-term or long-term. One reason is that the imaginary airspace surfaces around
the airport (i.e. approach,transitional,Part 7�would not change. Furthermore, the ILS would be
removed from service before the end of its useful life, and the FAA would likely require
reimbursement of the cost. The letter suggested that the threshold could be displaced;however, this
would not improve the situation because the Runway Protection Zone would not move. The
displaced portion of runway is still usable for departure operations,which keeps the RPZ in the
same location. Removing that portion of the runway is not a good option because the RPZ would
widen,which would create more structures to be in the RPZ. FAA is also against removing portions
of runway that they paid to install and most recendy to overlay. FAA views this request differendy
from the oprion of realigning the runway or moving the airport, since we would still have a runway
of the same or greater length with those options.
It was noted that the large corporate aixcraft that operate at the Brookings Regional Airpoxt
sometimes use our entire runway fox landing and taking-off and decreasing the runway length would
be a safety concern for these a.ircraft. One additional concern of the WAAS system is the cost to the
aircraft owner. Most of the aircraft flying into the Brookings airport does not have GPS with
WAAS capabilities. 'This would create a financial hardship for the cuxrent airport users if all of the
aircraft wexe required to purchase this type of equipment.
Red Rink Policv. Tom Richter,Executive Director of the Swiftel Center, said the current policy
for the Red Rink is not to use that area of the Larson Ice Center for housing animals.
The Red Rink was used in 2005,2006,and 2007 for stalling a portion of the Arabian Horses for the
Region 6 Arabian Horse Show. Richter said the Arabian Horse Show has now moved to Rapid City
for three years,but the organization will be accepting bids for years 2011 —2013 in June 2008.
The South Dakota Quarter Hoxse Associaiion Horse Show was held in June. Their annual meeting
will be held November 2-3, 2007,where they will decide their show schedule for 2008. Theit
biggest concern is if there will be enough stall and warm up space available. They are anticipating
needing between 150 and 200 stalls. To have a large warm up arena and enough space for up to 200
stalls with out rentin,g tents we would need to use the entire Larson Ice Center,with the Show Arena
in the Swiftel Center. Richter said he needs to know how to proceed with both of these shows.
Thomson asked if there were numerous horse shows. Yes,there are nine throughout the year
needing 150-200 stalls per show. He noted that the Swiftel Center venue has many possibilities to
grow due to location. Estimated economic impact of one of these shows is 2,500 to 3,000 people
for a Thursday-Sunday event.
Richter said he needs direction on how to proceed. What prompted the discussion on the policy is
that the Larson Ice Centex"xed rink"is used fox competition and the"blue rink" is for practice. A
holding barn is located at the south end of the building. All three bays were used for the Arabia.n
Horse Show in 2005-2006-2007. Howevex,weathex was a problem for the first year of the Arabian
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Show. Dirt was not under cover and it was mess trying to keep it dry enough for the horses. They
had to rent a tent to coveY the area.
Richter said the Larson Ice Center was originally designed and built to accommodate other uses
including animal events. When the Swiftel Center was built there was discussion about building
animal holding barns,but the funds weren't available. At the time that the Larson Ice Center
funding and design was being finalized, the City and Swiftel Center Board agreed to allocate
$740,000 towards the construction of the Ice Center to add a holding barn. In addition, the Ice
Center was designed to handle exhaust systems for livestock in all three areas. There has been
significant capital investment in the facility to enable it to handle animal events (horse stalls,ground
working equipment,RV park,holding batn).
The estimated economic impact from the three year Arabian Horse Show was$596,000 and
$107,000 from the Quarter Horse Show.
Richter and members of his staff did a walk-through of the Ice Arena, as they do each yeax after the
Arabian horse show, to make sure it was restored back to the state it was in prior to moving in or
better. Walk throughs wete done with the city manager,park and xecreation staff,and membexs of
BISA and it went well each year with no major damage. Both the Larson Ice Center and Swiftel
Center axe city owned facilities and the community is very proud of both and he wants to keep it
that way and be able to use both to the best we can. He noted many examples of other facilities in
the Midwest that also house animal events: St. Paul Excel Center, Sioux Falls Axena,Aberdeen,
Sioux City Tyson Center, Omaha Quest Center,Target Center in Minneapolis.
Richter said he and his staff take pride and great care in everything they do. He would like to move
forward to submit a bid for futute horse shows,but that is on hold until the facilities issue can be
addxessed. To have covered warm-up areas, they will use the existing holding barn,and the red and
blue rinks would provide adequate stalling for shows in the Swiftel Center. The only other options
are an addition to the Swiftel Center or renting tents.
Richter was asked how many stalls can be held in each area. He said depending on the size of the
stalls and set-up, the red holds 140, the blue holds 120,and holding barn 130 stalls.
Bezdichek asked about a temporary stalling system with its own roof on the east side.
Thomson asked if the tents have covered sides. Yes,but the cost was $30,000 per year for the
Arabian Show in years two and three.
One solution suggested was to build anothex facility. Richter was asked if he had costs fox a
building. No,but he and Frerichs could come up with cost estimates. Richter clarified that the
Quaxter Horse show is half the size of the Arabian 5how and if the Arabian Show returns the city
will still need to addxess the covered warm-up area.They need as many as 480 stalls.
Richter was asked the cost to purchase a tent. He said it was $30,000 to rent two tents;one was a
large clear-span tent. He doesn't have any purchase prices.
Whaley asked Richter of the other cities he cited with event facilities how many had private money
involved. Richtex didn't know,but said most of those facilities were built with ciry, counry,state or
university funds and most were public. He noted the Target Center used a lot of private money.
Whaley said this issue falls back to 2003 when Mike Williams was here. This agreement was
supposed to be brought back to Council to be discussed and it never was. Now the issue of animal
events comes up aga.in and the issue was not propexly addressed be£ore. A lot of private money has
been invested. She urged the Council to stand by current red rink policy and to figure out a way to
build the Swiftel Center facilities to make it adequate so they don't have to interfere with the Ice
Center every time.
Brunner asked if tents couldn't be used again. Richter said as a facility manager he doesn't advise
the rental of tents for$30,000. If a covered warm-up tent isn't used he will need both rinks.
The next opportunity to get the Arabian Horse Show here will be in 2011. He believed the
Council's goal should be to get the livestock out of the red rink. But it could maybe be used in next
2-3 years,until a standalone building could be done. It doesn't have to have sides. A permanent
building with stalls would minimi�e labor costs. Warm-up tents also worked well and could be
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rented again. It would make BISA happy to see that the city is working towards getting animals out
of the ice arena. He didn't have a problem using the facility a couple more years until a permanent
solution is found. The idea is that we're getting out of the red rink.
Bartley said he was concerned about the present need to addxess the holding barn issue. A new
building won't happen in 6 months to a year. It isn't in the 2008 budget. The Swiftel Center staff
and facility have an excellent reputation. He favored reviewing the policy regarding suitability of
othex types of events in the facility. He believes the policy needs to be changed. The City also
needs another facility outside and he doesn't want to rent tents every year. Renting for an entixe
summer will cost more than the $30,000 for one event. He said neither the City Council nor the
Park Board should administer the building. The Council doesn't approve who uses other facilities.
This issue should be administrative. The language in the policy needs to be changed to state use of
support facilities requires the approval of the city manager along with a statement regarding repaix.
Any type of event can cause damage. The City Manager should be able to make a decision about the
use of a city facility based on staff being able to take of the facilities. He said this would take the
politics out of the City Council making decisions. He also felt efforts should be made to provide
more facilities out at the Swiftel Center.
Bartley said he doesn't see any evidence that the previous animal events did any damage. Any
facility will continue to deteriorate due to time. General npkeep is needed which is under the
purview of the Parks Department and the City Manager.
Richter noted that he needs an answer by November 1S`in order to place a bid on the Quarter Horse
Show. If tents are rented,it would be$30,000 out of pocket that he is not budgeted for. Revenue
from this type of event is typically$10-12 thousand. Estimated economic impact is $100,000.
Bezdichek asked if the SDSU Equestrian building could benefit the City or its events. No. Brunner
commented that the Equestrian Center is for permanent boarding.
Bezdichek said the Council would need to decide on an out of pocket expense.
Richter said he could bid the event without offexing a covered faciliry and see if they'd come. He
just needs guidance on what to do and move forward.
Munsterman said what he was hearing is the City Council needs to take a look at other options for
long tertn use of these facilities within the next three years, before the Arabian Show bid is due.
R.ichter noted that the Quarter Horse Show bids annually.
Staff was asked to provide estimates on the cost of buying tents,building a holding barn and other
options at the next Council work session on Oct. 23`�.
Frerichs said he didn't know what another roof structure would cost;however,before making a
commitment to rent a tent for 3 years the Council should evaluate that option. $30,000 per year
would go a long ways towards a new building.
ACTION: A motion was made by Whaley, seconded by Reed,to give Tom Richter the direction to
proceed with preparing bids for the 2008 Quarter Horse Show and authorization to rent tents at that
time if needed. Di.rcu.r.rion: Bartley urged the Council to be careful about e.xpending fund.r on a temporary basi.r
that may be better handled by u.ring another facility. The Ice Center has survived animal event.r u�ith minimal r�air,r
needed. The City ha.c a faczlity that it'r inve,rted in svith le.r.r than,�5,000 in repair.r. Tu�o or three more event.r rvon't
affect the rink that much for the money 1ve'd be taking out of the budget that u�asn't bztdgeted for. He'r not in favor of
renting tent.r. U.re the facility a couple more time.r at no e.acpen.re to the czty. On the motion, all present voted
yes;except Bardey voted No,motion carried.
6:00 P.M. CITY COUNCIL MEETING.
Consent A�enda: Council topic introduction was added to the agenda. A motion was made by Thomson,
seconded by Reed, to approve the consent agenda which included the agenda as amended and the
September 25,2007 City Council minutes. All present voted yes;motion carried.�
Public Hearing�Ordinance No. 29-07—Conditional Use A public hearing was held on
Ordinance No. 29-07: A conditional use to establish a boardinghouse for four(4)persons on the
east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5,Block 9,Pleasant Hill Addition (1010
1S`Street).
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Public hearing.• Jim Selleck, 1014 15`Street,was opposed to the xequest citing there is a difference
between a rental and a boardinghouse. Up until now he has been very patient with the renters,
noting that parties start at 2:00 a.m. and he has to work at 5:30 a.m. Other problems include trash
on his propexty,renters using his driveway, and people knocking on his window. He can't call the
police every time there is a problem at a rental; they're not a babysitter for these party houses. This
neighborhood is family oriented with small ch.ildren. A boardinghouse designation will decrease
property values in the axea. He noted that the Planning Corrunission and Council xecently turned
down a request withiui two blocks of his house. What is the reason? He also works hard on his place
and doesn't bother anyone. If landlords have to put 4 to 5 renters into a house to make a profit,
then the area should be zoned commexcial because it's not residential anymore. He's not opposed
to rentals,but urged the Council to turn down the boardinghouse designation. One more person
doesn't mean one more vehicle;it's many more.
Bezdichek asked Selleck if he attended the Planning Commission meetin.g to voice his concerns.
No,but his wife attended. Bezdichek asked if the City had a code enforcement officer for him to
call,would that help. Yes,it would be good for the city xesidents to have someone driving around
or to answer questions.
Jeffery Peters, 1020 1S`Street, cited the reason the Council reviews a conditional use is that it's "not
in an axea where it could have negative impacts due to size or traffic generated from such use...".
Another issue that isn't being addressed are the rentals with 8-12 people in them cxeating traffic
overflow. He said residents can't park on Medary so they park on 15`Street. He asked how many
people can live in a xental.
Dan Hanson,City Planning and Zoning Administrator, said that is based on the definition of family
(one person plus two unrelated for a rental). Peters noted that drinking is different than zoning, but
multiple students result in big parties. Does the Ciry ever dxaw a line and say no more rentals past
this point before his entire neighborhood become xental? The City needs a pla.ce for people to live
and he is just as proud of his neighborhood as one is in any other part o£town. What does it
(boardinghouse) do to the neighborhood? He asked the Council how they'd feel with xentals next
door to them. He disagreed with describing First Street as a lower impact traffic area due to the
apaxtments on 12`''Avenue. That street is busier than most people think. The City had considered
extending 12`h Avenue across the tracks which would have helped with traffic. During the school
year the Lyons Park alley is very busy with traffic generating dust. He suggested the city drop oil on
the alley to control the dust.
Gena Hult, 1018 1"Street, quotes Planning Commission member Sandta Moore who asked at the
plann.ing coixunission meeting, "where do you want our neighborhoods to go." Hult said not all of
us can live in the other parts of town.
Georgianna Olson urged the Council to think about the permanent residents trying to raise a family
and have a home deserve consideration over the people trying to make money with rentals and
boardinghouses. She had company recendy and they wexe shocked with the condition of her
neighborhood (neax university). She'd hate to see other areas of town getting to be a slum.
Justin Hyde, Planning Commission Chaix, said this neighborhood is zoned R2 which allows a
maxirnum density of 5.5 and 8.8 people per acre. Right now the area is 4.4,which is well below the
density limits. The application meets and exceeds minimum lot size requixements pex the 1966
plan. The applicant has provided for off street parking. This properry has a driveway and three
parking spots in the rear. This request would make it for 4 people only and can't be expanded.
This request is to increase the densiry by one person, and in that neighborhood it's not a detrimental
unpact because it's a R2 designation. The concerns raised about its renters are beyond the scope of
the applicant. The City can't Yegulate what property owners do with their properry or who is living
there. How it is used is what matters. The Planning Conunission dealt with all these issues and in
their opinion this applicant met all requixements and exceeded sevezal requixements. He has agreed
to install a fence for screening which is above and beyond as an effort to minimi7e the impact of the
rental. Othex xentals in the area have nothing to do with this application.
Allan Austxeun, part owner of the property, addressed the Council and said he was asking for one
more person and that was allowed by law. If neighbors had concerns they should have pxesented
them at the Planning Commission meeting. He sent them a letter and provided multiple phone
numbers to contact him in case there was a problem or question and he didn't heat back from
anyone. He said obviously if there are neighborhood concerns, he would want to deal with them.
He had no idea thexe were loud paxties and wished someone had notified him that there was a
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problem. He has looked into the laws of Brookings and is trying to do everything legally. Thexe are
many houses that don't come close to meeting the requirements. He and his partner want
everything to be done by the book and correctly.
Public hearing closed. ACTION: A motion was made by Bardey, seconded by Brunner, to.approve
Ordinance No. 29-07.
Council discu.crion: Thomson expressed concern that there are too many landlords not establishing
ruies regarding parties or else not enforcing those rules. Landiords should be able to control their
properties. If landlords do what they're supposed to do,we wouldn't have this problem.
Reed said when the City Council is hearing these issues it is helpful to have a xepresentative from the
Planning Commission present to explain why a decision was reached. He didn't feel the two groups
were working well together.
Once we have code enforcement officer in place,he assumes they will enforce some of these
problems with too many occupants. There are many students looking for housing and developers
who are interested in building options for students,which would take the pressure of too many
people in rentals.
Thomson agreed stating she would like to have someone from the Planning Commission at the
meeting. The Ciry and Council are getting to many complaints from residents about rentals in their
neighborhoods. It seems that the only reason a landlord is likely to get a boardinghouse permit is to
get an additional person to make more money,and that's not a good enough reason to approve a
request.
Whaley said the biggest pxoblem,in her opinion,was that there axe many rental properties not
officially listed or licensed with the City. She personally knew of three rentals near her house that
aren't on the official list. She commended Mr.Austreim for being honest. After approving some
boardinghouse requests on the west end of First Street, she won't vote against this one;however,
she agreed the City needs to get control of the rental situation.
Reed noted that rentals have a different designation at the Counry level for taxing purposes and
suggested the code enforcement person could compare that list annually to the rental list.
Bezdichek said the Council is limited on what they can and can not do. Changes have been made to
the ordinances regarding density. Boardinghouses with large numbers of people have been
eliminated. He'd like to change the term"boardinghouse" because it no longer is accurate. He
would like to see residential areas retained where families can buy and live there. However, elected
government officials can't tell property owners what they can do with their propexry. The solution is
to set stricter requirements on rentals. The Planning Commission looks at rules and regulations to
deternune if applicants meet those restrictions. The Ciry Council can turn it down. He questioned
if that applicant has met those requirements,they could come back and sue the city and win because
they haven't violated anything.
Steve Britzman, City Attomey, said the City Council can consider the impact of that project in that
particular area. This request is to add one additional person to this properry. With a conditional
use, the Council must determine if there is negative impact on adjacent properties due to size or
traffic generated. He clarified that the Planning Commission follows the same rules.
Reed agreed with the neighbors that gave testimony that boardinghouses change neighborhoods.
The City Council can cite traffic concerns as a reason for denial. Continuing to approve these
requests adds more to the neighborhood until it's too dense for that area. He recommended the
Ciry Council step back and analyze zoning and density citywide. The area next to Lyons Park is
great fox families and the increased density is driving families out of that area. The reason he will be
voting against this request is his belief that boardinghouses negatively change neighborhoods. This
comes from living in an area that is denser due to its proximity to campus. The City Council needs
to take a stand on what we want our neighborhoods to look like and where do we want to live.
Brunner said it sounds like there are other problems in this particular neighborhood�and turning
down this request won't solve those problems. There are deeper issues than what code enforcement
will help. He didn't feel that adding one more person would make that much change.
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Bartley said these aren't easy decisions for people to make due to emotions. He lived in 1010 1"
Street many years ago and it was a rental then. The City can't stop a property owner from renting to
three unrelated people in that neighboYhood. He also said the City can't discriminate by regulating
who can live in the properties. Behaviors are an issue and the City needs to act within its
ordinances. Ordinances can't be changed to regulate behavior. The Consritution doesn't allow
discriminatory acts. Neighborhoods have changed. He now has a xental next door to him. The
City is trying to keep up with demand for more rentals and the balance the commuzuty needs
through oxdinances. Rentals axe not allowed the laxge number of tenants that were allowed years
ago. The behavior is the issue,which must be controlled with good neighborly relarionships. The
entire community has been unpacted due to gxowth. He noted there are rentals in newex areas of
towri south of the Middle School.
Munsterman asked when the Planning Cornrnission was planning to teview the overall density issue
as directed by the Council in when the last boardinghouse request was tuxned down. Hanson said
maybe November.
Bartley noted that the SDSU housing director said dispersal of rentals throughout town woula be
better than having all of them in one area. Another xecommendation was increasing the density in
some areas to provide more affordable housing.
Munsterman noted in the defuutions that boardinghouses are a conditional use. He asked if the City
Council has to allow them. Can we strike them? Yes. He said the Ciry Council needs to reach a
point where it makes a decision regaxding density. He has been watching this issue go on for some
time and has seen the changes in the quality of the neighborhoods with a xental verses a
boardinghouse. The Ciry of Brookings needs other types of housing. Enforcement on rentals is
also needed. He believes there is a quality difference when a fouxth pexson is added. It may seem
insignificant, but the letter of the law maybe needs to be changed. He'd like to see a philosophical
discussion.
On the motion; all present voted yes;except Munsterman, Reed,Thomson and Whaley voted no;
motion failed.
Public Hearing—Ordinance No. 30-07—Zoning, A public hearing was held on Oxdinance No.
30-07;Amendments to the Zoning Ordinance pertaining to signs.
Public hearing.• Dick Peter.ron pre.rented the follozving.rtatement.•
`�.r Chairman of the Special Committee on Signage, I would like togiveyou.rome background. The Sign Committee
met 4 time.r and over 2 hour.r per.re.r.rion. A,r one knoJV.r due to perronal conflict.ryou cannot alway.c have 100%
attendance. The committee.rpent tame learning the different tyfies of signage and Daktmnicsgave us agrsat fn,right to
the potentzal of their.rign.r arrd,c~ign.r of the future. Kemerrtber our ta.rk wa.r only to deal rvith the$-1, Historical
Di.rtrict and In.rtitutional Signage: Dozvntown, Churches, Librarie.r, and Schools.
Having.rpent 9yearr on Planning and Zoning and 6year.c on the Board ofAdju,rtment, over theyearr I have heard
from the public when.romething affect.r them in their neighborhood and feel they.rhould have a.ray.
I am not again.rt EMD�ign.r, but I do not think we,rhould have an open poliey when it come.r to their location in a
residential area. I feel that thought and consideration,chould be con.ridered a.r to the type of location. Such a.r the
location to an arterial.rtreet zvith.rtop lights and multiple.rtreet lighting(example: 8'h St So. /Medary Ave.—rotary
,rign), or a neigh�orhood,rtreet�ith.rtop.rign.r and widely.rpaced street lzghting. (Example: 4'b St. /Medary Ave. —
Old Sanctuary). Thi.r.chould be a part of the con,rideration in i.r.ruing a conditional u.re permit.
A.r a citi�en thi.r is ho2v I u�ould like to have.reen the.rignage outcome.
• Dozvntourn—No EMD signage, but a conditional usage for Level 1, 2, 3,4 (example: Hibbin�MN
Mann Theatre.r).
• Charrche.r/ Librarief—No FMD.rignage, but a conditional usage forLevel l, 2, 3, 4.
� School.r—Level One, but a conditional u.rage for Level 2, 3, 4.
Once again, through the democratic proce.r.r, the people mo.rt affected in the.re neighborhoods around churche.r, librarie.r,
and.rchool.r zvill have input on the type of.rignage. If the churches, librarie.r and.rchool.r can make their ca.re for these
level.r under a conditional u,re they svill be allosved.
I feel we should not ju.rt allow an open.rignage approach to the.re area.r where the public live.r, the homeownerr in the,ce
neighborhood.r de.rerve a right to voice their concern.
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Asyou are aware, churche.r, librarie.r and.rchool.r can build in any re.ridential�oning.
I�va.r hoping that the planning and�oning would have put the.re level.r on and put conditional u.rage on.ro that there
ju.rt i.rn't an open.rignage policy.
Plea.re con.rider the Level.r 1, 2, 3, 4 ivhich the planning and�oning did not�vhen it come.r to EMD.rign.r in the
dou�ntoavn school.r, librarie.r, and churche.r
Sign.r urith EMD function.r categori�ed by level.r
Electronic Me.r.rage di.tplay.rign.r. Electronic me.r.rage di.rplay.rign.r have the ability to vary the ivay in u�hich
communication i.r conveyed. The.re variation.r.rhall be regulated by e.rtabli.rhing limit.r on the function.r that the.re.rign.r
perform. These function.r are categori�ed a.r follou�,r:
1. Level 1—Static Di.rplay(Me.rsage changed urith no tran.rition)
a. Operational Limidations. Such di.rplay.r shall contain.rtatic me.crage.r only, and.rhall not have
movement, or the appearance or optical illu�ion of movement, of any part of the.rign.rtructure,
de.rign, or pictorial.regment of the sign, including the movement or a�ij�earance of movement of
any illumination or the fZa.rhing, blinking, .rcintillatin� or varying of light inten.rity.
b. Minimum Di.cplay Time. Eacb message on the sign must be di.rplayed for a minimum of three
.recond.r
c. Me.c.rage Change Sequence. A minimum of 0.3 seconds of time with no mes.ra�e di.rplayed.rhall
be pmvided betJVeen each me.r.rage di.rplayed on the sign. �
2. Level2—Static Di.rplay(Fade/Di.r.rolve Tran.rttions)
a. Operational Iimitatfon.c. Such di.rplay.r.rhall contain.rtatic me.c.rage.r only, changed only
through distolve or fade tran,rition.r, or rvith the u,re of other subtle transitions and frame�ect.r
that do not have the aj��iearance of moving text or image.r, but svhich may otherwi.re not have
movement, or the appearance or optical illu�ion of movement, o,f'any�art of the,rign.rtructure,
de.rign, or pictorial.regment of the.rign, including the movement of any illumination or the
fla.rhin� blinking, .rcintillation or varying of light intensity.
b. Minimum Di,rplay Time. Each me.r.rage on the.►zgn must be di,rplayed for a minimsrm of three
.recond.r.
c. Me.r.rages that do not change thmugh di.c.rolution or fading.rhall have a minimum of 0.3 second,r
o time with no me.r.rage di.rplayed between each me.c.cage.
3. Level 3—Static Di.�lay�I'ravel/Scroll Tranrition.r and Animation.r)
a. Operational Limitation.r Such di,rplay.r.rhall be limited to.rtatic di.rplay.r, me.crage.r that
appear or di.rappear form the di.rplay through di.r.rolve,fade, travel, or.rcroll mode.r, or.rimilar
tran.ritions and frame�ect.r that have text, animated graphics or images that a�ipear to move or
change in si�e, or be revealed.requentially rather than all at once. No fla.rhin� blinking,
.rcintillation or varying of light intensity.rhall be permitted.
b. Minimum Di.rplay Time. Each me.r,rage on the�ign murt be di,rplayed for a minimsrm of three
recond.r. Traveling mes.rages.rhall move at a rate no greater than 3 feet/.recond.
4. Level4— Video/Animation �
a. Operational Limftation.r. Video and animated me.r.rage.r.rhall not re.remble or prnduce image.r
that would appear or be like a beacon, searchlight,fla.rhing light, blinking light, o�'zciad tra�jf'ic
ngnal orgovernment,rign.
I mant to thank the City Counczl foryour time and consideratinn for this pmposal."
Ju.rtin Hyde, Planning Commzr�ion Chairman, noted thit is.rue came to the Planning Commis�ion late la.ct fadl due to
complaint.r regarding.rome animated.rign.r. The City Council enacted a orteyear temporary Zonirrg control on
animated.rign.r for the B-1 Di.rtrict and institutional u.rer in re�idential areas. A subcommittee�as ajipointed by the
Planning Commir.rion to.rtudy the i.r.rue. The gmup con.ri.cted of 10 memberr including repre.rentation fmm the Board
ofAdju.rtment, Downtown Bmoking.r Inc., the Brnoking.r Hi.rtoric Pre.reruation CommisSion, the Planning
Commi.r.rion, Daktronic.r, and citi�en.r. They met four time.r and had exten.rive di.rcu.rsion. At the la.rt meeting the
.rubcommittee voted that no change be made to the.rign ordinance and�rovided a r�port to the Planning Commi.r.rion.
At that time there u�a.r a letter pre.rented rai.cing concern,r about the committee'.r.rtructure, action.r, and voting
procedure.r. The Commi.r.rion reviewed thi.r i.rsue and felt the,cubcommittee report u�a,r fine and accepted it. He noted
that the Planning Commis.rion avas not obligated to follorv the.ratbcommittee'.r recommendation,r. Thatgroup sva.c
charged�vith a `finding of fact.r"mi.crion. Ba.red on the,ru6committee'.r report, the Planning Commi.r.rion di.rcu,r,red
thi,r i.r.rue at a.rerie.r of ineetings. Sta�provided the Commi,r.rion 2vith a number of d�erent ordinance.r and proj�o.red
change.r. The Commis.rion di.rcu.cred all of them at length. He noted that they didn't receive any public comment.
Hyde further noted that Daktronicr did provide a company r�pre.rentative available for que.rtion,r. The Commi,r.non
al.ro di.rcus.red the conditional use de.rignation zvith level.r a.r propo.red by Mr. Peter.ron. Hou�ever, the Commi,r.rion felt
the definitions became too tricky. For an ordinance to be e�ective, it mu.rt be underrtandable by an untrained perron.
That propo.ral wa.r deemed too d�cult for an independentlberron to read and underrtand. Under the current
ordinance the signs aren't allo�ved to do fla.rhing any�vay. He guestioned if a conditional ufe zvould con.ctitute a prior
407
restraint. I.r this zvithin an importantgovernmental intere.rt? Holding hearing,r for three month.r on a conditional u.ce
could infringe on their free.rpeech rights for tho,re three months. Government action must fall 2vithin the realm of
health, zvelfare, or.rafety. The Planning Commi.rsion revierved Federal repor6.t and there were no.rafety i.r,rue.r cited for
FMD.rign.r. F,MD.rigns have been u.red for.rafety related notification, citing the.cign.c an the interstate as an
example. The Commi.rsion didn't feel.cafety wa.r a concern. Health wa.r not an issue. I.Ylelfare zn�eneral and u�ould
fall under comnzunity ae.rthetic.r;zvhich he questioned if the government.rhould 6e doing. Lr it a problem? Ba.red on
public participation, it doesn't aj�pear to be a problem. In hi.r opinion, there i.r no imj�ortantgovernmental intere.rt to
just�regulating the,re.rign.r. Should government regulate ae.rthetic.r? That can be left to too much per.ronad
inter�retation. The Planning Commis.rion haa already changed the definition.r for temporary.rign.c The total di.rplay
.ritie ha,r�een limited and they have been limited by di.rtrict. The ordinance i.r more re.rtrictive than it u.red to 6e. He
noted a letter from DBI that ava.c not submitted to the Planning Commi.r.cion tbat cited recent.ruruey re.rult.r. He noted
that mo.rt cited.rign,ri�e limits a.r their primary concern and the ordinance a.r proposed doe.r addres.r tho.re concern.r.A.r
for hi.rtoric pre.reruation, they could create a loc•al di.rtrict that�vould regulate.rigns. He reiterated that thi.r i.r a free
.cpeech i.r.rue and ba,red on the r�vieav of the lau�, he feels the ordinance is rea.ronable. He referenced a letter from the
Hi.rtoric Preseruation Commi.r.rion noting that all tho.re concern.r avere di,rcu.r.red by the Commi.r.rion.
Jery McCollough, Brooking.r Hi,rtaric Pre.reruation Commi,r.rion Chairman, stated he wa.r the author of that letter,
noting the information contained zvithin ivas correct. He said the Brook,ing.r Hi.rtoric Pre,reruation Commi.rsion i.r
concerned about maintaining the hi.rtoric character of Brooking,r and making the quality of life the.rame in the plan.
He re,ferred to the Vi.rion 2020 Plan a.r a guideline and al.ro looked at the City.r goal.r and found that neither
addressed the entire community'.r need.r. As to the downtown and in.ctitutional u,re.r in re.ridential area.r, the BHPC
feel,r their concern.r have been addre.csed by Mr. Peterson'r propo.ral for conditional u.re permit.c That way there aa�ould
be.rome.rort of public reviezv and comment of the.rign.r. Variou.r thing.c could happen�vith the.re.rign.r. Traditionally
churche.r are located on interior.rtr�et.r. Are lighted.rign.r a�ipmpriate� Collector,rtreet.r may have interior lighted
.rign,r. There could be a rvide variatiort of.rign.r and peoj�le im�iacted.rhould have,rome type of irrtbut. Si�e, color,
inten.rity, and hour.r di.rplayed can't all be addre.r.red in an ordinance. Each.cign.rhould require public revieiv. Within
the dozvntoavn area pu6lic revietv tvould al.ro be appropriate,particularly with the City avill be making a.rign ficant
inve,rtment an a new.rtreet.rcape. Public review in re.ridential area.r i.r e.rpecially important. All of the.re i.r.rue.r were
di.rcus.red by tbe sign.rubcommittee. He noted that member L.arry Fjeldos ha.r done a great job of.cummari�ing thofe
concern.r during one of the r�eeting.r but that summary wa.r not reflected in the minute.r He al�o noted that the
Planning Commi.rsion didn't r�ceive approved minute.r fmm the.rign committee becau.re the.rubcommittee didn't review
and a�iprove the document.c Committee memberr also reque,rted notification of future planning commi.crion meeting,r
regarding thi.r topic and no not�cation iva.rgiven. He clarified that the BHPC i.r not oppo.red to animated.rign.r.
I�owever, they are not appropriate in re.ridential and the hi.rtoric commercial di.rtrict.r.
Martin Maca, DBI Pre.rident, di.rtributed a ma�i that highlighted the boundarie.r of the Central Bu.rine.r.r Di.rtrict and
the Brooking,r Commercial Hi.rtoric Di.rtrict. He.rtated for the record that DBI u�a.c oppo.red to the.rign ordinance as
propo.red by the City Planning Commi.r.rion. DBI feel.c electrnnic mes.ra$e di.rplay board.r will decrease the value of the
hi.rtoric fabric and devalue the prnpo.red neu�.rtreetscape to be com�ileted in 2008. He clarified that there i.r adready a
hi.rtoric district downtown located�vithin the B 1 Di,rtrict. It i.r a National Regi.rter of Hi.rtoric Place.c Di.rtrict and
tl�ere i.r a di,rtinction between the Central Bu.rine.r.r District and the Hi.rtoric Commercial District. One i.c a.rub.cet of
the other. Since F.MD.rign,r may be appropriate in CBD, .ruch a.r at City Pla�a orMetaBank, tho.re reguert.r could
6e handled through a conditional u.re permit. This proce.r.r�vould allow for public hearing and input. DBI i.r not
oppo.red to.rign.r, they are oppo.red to�vhat i.r pre.cented nosv and.ctron�.rugge,rt an amendment as a conditional u.re
permit. DBI furiher support.r a conditional uSe proce.r.r for.cign,r for in.rtitutianal u.res in re.ridential di.rtrict.r.
Public hearing clo.ced. ACTION: A motion was made by Bardey, seconded by Whaley to approve
Ordinance No. 30-07.
Council Discussion: Baxdey said the Council needs to consider that the Planning Commission and
its subcom�uttee did admixable work. He noted there are different sides to this issue. As the
Council considers the Planning Coinmission's work,he doesn't know if there's a huge objection to
what they've accomplished. The Commission did put forward further restrictions within the
oxdinance. He�felt the ordinance as proposed was a good place to start. A separate ordinance could
address the historic district inside the B1 zone. This ordinance addxesses the entire B1 District and
that is what is befoxe the Council now. Rather than voting down, he recommended approval. If
there are concerned parties that don't feel their story was heard, there are other steps to follow. He
urged the Council support the Planning Cor�unission's recommendation and also urged the
concerned parties to get their concerns to the Planning Comrnission.
Munsterman said he didn't feel comfortable voting for this ordinance because he felt it wasn't
complete. He recommended sending it back to the Planning Commission for thern to redo the
ordinance to include everything it needs and then bring back to the Council.
408
Thomson concurxed with the Mayor saying she felt"too fuzzy" to move forward with this
ordinance from here. She agreed it should be sent back to the Planning Commission and to make
suxe all interested parties are aware of these discussions and to make sure their representatives are
heard.
Reed asked how long the moratorium was in place. It was a one year moratorium expiring on
October 24, 2007. He asked if the moratorium should be extended until the process was done. He
agreed that the ordinance needs to go back to the Planning Commission. One area that needs more
focus, and there have been some suggestions,has to do with institutional uses. He suggested �
amending Table 5 in the proposed ordinance to include the language from subsection C as a
requirement for institutional uses ("no direct light or significant glare from the sign shall be cast
onto any adjacent lot that is zoned and used fox residential purposes"). He believed the same
consideration must be used for light, color and movement. The ordinance must also ensure that the
lights are pointed the correct direction to eliminate glaxe onto adjacent residential property. He
asked if there are any areas in town still zoned RB4. Yes, there are a couple left.
Whaley said she intended to vote for this ordinance. This was a place to start and could be added to
in the future, but we need to get started.
Bezdichek agreed saying there seems to be a lot of effort that was put into the ordinance. The
Council could approve it now and make adjustments to it in the future. The important issue is
whether a subcommittee or chair publicized when the meetings were going to be held in order to get
public input. He noted that Ciry Council members,as citizens, could also attend Planning
Commission meetings. He was planning to vote for it and then the Planning Commission could
take it back for review for future adjustments. He did not like not approving it on a matter of a
technicality.
AMENDMENT: A motion to amend was made by Reed, seconded by Thomson,to add to table 5
(that all permitted institutional uses have subset"C" that states no direct light or significant glare
from the sign shall be cast onto any adjacent lot that is zoned and used for residential purposes.).
Discussion: Reed said there needs to be some protections in place for homes nearby. Living close
to a business himself,one time the business replaced bulbs and moved the light tilting it towards the
house and up. It was a dramatic difference. Brunnex suggested the Council co�sider a future
amendment or another ordinance relating to the historic districts in the future. He was concerned
about making major changes to the ordinance without all sides represented with two readings of the
ordinance. A different ordinance would allow both sides of the issue to come forward and changing
it tonight doesn't allow for that. He was supportive of passing the ordinance and getting something
on the books right now and then working with the Planning Commission to address the historic
district concerns. On the amendment;Brunner, Munstertnan and Reed voted yes;Bardey,
Bezdichek,Whaley and Thomson voted no;Motion Failed.
Reed said there were some ideas that had not gotten forwarded. Nothing was done wrong;it's just
there were some problems in the process. He noted that the Council didn't receive any written
documentation from the sign subcommittee. He felt there were better ways of handling the process.
Justin Hyde,Planning Commission Chair, said the Commission has already discussed every issue
that was brought up at this City Council meeting and all of that is reflected in the minutes.
Reed asked where the minutes were for both previous Planning Commission meetings and the
subcommittee. He noted that nothing other than the September 4,2007 Planning Commission
minutes were provided to the Council.
Hyde said the groups met throughout the spring and summer of 2007. He was asked when the next
planning commission meeting would be held. November 6`�.
Munsterman said he was sensing that the Planning Commission would not revisit the historic
aspects of this issue unless they are directed to do so. He felt the ordinance would not be changed
without direction from the City Council because what he was hearing from the chairman was the
Planning Commission had already thoroughly discussed these issues and they were done.
AMENDMENT: A motion to amend was made by Munsterman, seconded by Reed, to send this
ordinance back to the Planning Commission with reconsideration regarding historic districts and
institutional uses in residential axeas.
409
Larry Fjeldos,Planning Coinmission member and citizen,noted that the Planning Commission has
provided the Council with its recommendation which came about through all the information
presented. We have reasonable people on both sides of an issue and we can find solutions. He
reminded the Council that they axe dealing with a signage moratorium in effect. Thexe is a
recommendation before them fYOm the Planning Coinmission that has given their opinion after
receiving public testimony. There could have been more testunony solicited. He felt the Council
should look at moving this issue forward. The moxe an issue is left to lingex, the harder it is to find
a solution. What has been presented by the Planning Commission is reasonable for the information
that we have at this point in time. As for the other issues, they should be revisited. However, he
suggested the Council move forward on approving the ordinance. As for the ordinance as
presented,is it the best document possible? No,but it's a work in progtess. As for glare, no
reasonable person wants a sign blinking in their window. All the members of the different
commissions represented Yealize that. Howevex, there is only so much the government can do and
provide. What we're looking at here is the clashing of two issues. How do you handle the free
speech verses the issue of the intrusiveness of signs. Because of safety,many street lights are
brighter than signs.
Munsterman felt it was important to take time to get the ordinance done right the fitst time. He
wasn't in a hurry.
Bartley said he wasn't in favor of the amendment. He suggested the Council direct the BHPC to
woxk with the Planning Coinmission and other interested parties and get this moving forwaxd.
Thomson was suppoxtive of referring the ordinance back to the Planning Corrunission. She asked
what the Council needed to do about the temporary zoning controls ending on October 24`�.
Martin Maca said he didn't understand why the Council would vote to approve a document that they
weren't 100% satisfied with. It's much easier to get things hammered out correctly in the front end
than later with amendments. He urged the Council to look at the ordinance again and get it right
from the start.
Justin Hyde said like any other zoning ordinances, there axe propex channels to follow. The
Planning Commission has already held meetings on this issue.
Reed noted that the Council wasn't provided with the documentation that explains the decisions.
Matt James,�sign committee membex, said he wasn't told that the subcommittee was going to vote
on the matter at their fouxth and last meeting. He provided his opinion but it wasn't included in the
vote. For the city to appxove an ordinance with free reign on these signs isn't a good starting place.
He recommended the Council error on a more restrictive side as a place to staxt. A conditional use
is a good starting place and adding that to an ordinance after the fact is backwards.
Doris Roden,DBI Program Manager, noted that meetings were not published in the paper and the
meetings were held at inconvenient times. DBI didn't monitor the issue in August and September
due to conflicts.
Dan Hanson noted that all signs have an internal light monitor. The external is more intense. Reed
said he is concerned about residents that are too close to a sign and potential glaxe. Hanson said
many situations ate diffexent. This ordinance is district based and not artexial street based.
Regulations under police powers must be administered uniformly under that district. The City can't
regulate the signs by street classification, only districts.
On the amendment;Brunner,Munsterman,Reed and Thomson voted yes;Bezdichek,Baxdey, and
Whaley voted no;motion carried.
On motion as amended; all present voted yes, except Baxdey,Bezdichek and Whaley voted no;
Motion carried to refer back to the Planning Commission.
2"a Reading—Ordinance No. 31-07—Rezonin� A public hearing was held on Ordinance No.
31-07: Action to rezone the west 1,920 feet of the north 1,320 feet of the SE '/a of Section 18-
T110N-R49W from an A Agricultural District to an Industrial I-1 District (north of Highway 14 By-
pass and East of I-29). A motion was xnade by Whaley, seconded by Bezdichek, to approve. All
present voted yes;motion carried.
410
Prelimina �ry P1at• Motion was made by Whaley, seconded by Thomson, to approve a preliminary
plat of Blocks 10-12, Freeland Addition. All present voted yes;motion carried.
Council Topics. Munsterman reported that the County Cominission has requested a}oint meeting
with the Council in the near future.
Reed referenced Section 94-227 (B) of the City Code regarding conditional uses related to posting of
signs. Currendy signs are posted for issues that go before the Planning Cornmission but are not for
the City Council. That decision is currendy up to the Planning and Zoning Director. Reed said he
would like to see that process changed to require the posting of signs for Council meetings. He feels
that many people don't understand the process and think an issue is completed after it goes to the
Planning Commission and they don't realize that the City Council will take the final action. A
motion was made by Reed, seconded by Thomson, to direct the city attorney to modify that section
of the ordinance to require signs are posted per section 94-227 during the same time frame prior to
the meeting and that this issue be discussed at the next planning session. All present voted yes;
except Bardey abstained;motion carried.
Executive Session. A motion was made by Whaley, seconded by Thomson, to enter into executive
session at 8:07 p.m. for personnel reasons with the Council,City Attorney,Acting City Manager,
Human Resources Director, and Clerk present. All present voted yes;motion carried. A motion
was made by Reed, seconded by Thomson, to exit executive session at 8:32 p.m. All present voted
yes;motion carried.
Adjourn. A motion was made by Thomson, seconded by Whaley, to adjourn. All present voted
yes;motion carried. Meeting adjoumed at 8:32 p.m. .
Ciry of Brookings
��+°.F•eo°p,��ti D. sterman,Mayor
W "r� A- ST:
p' MAR.9
� 1883
yas �••• 1 / /��l ! �.�//
Q SO
Shari Thornes,Ciry Clerk