HomeMy WebLinkAboutCCMinutes_2007_11_27 435
. Brookings Ciry Council
November 27, 2007
The Brookings City Council held a meeting on Tuesday, November 27,2007 at 4:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Bardey, Ryan Brunner,Tim Reed, Ginger Thomson, and Tom Bezdichek. City
Manager Dennis Falken,City Attorney Steve Britzman, and City Clerk Shari T'hornes were also
present.
Toint Meeting with Brookings County Commission. The Ciry Council met in joint session with
the Brookings County Commission from 4:00 p.m. to 5:00 p.m. All members of both entities were
present for the discussion. Topics included: Rail Authority partnership, Space needs update for City
and County, Futuxe use of the Swiftel Center and County Resource Center, Research Park
Infrastructure and establishment of a County Transportation Boaxd. Another joint meeting will be
scheduled in January 2008.
Swiftel Center&4-H Partici�ation. Allyn Frerichs submitted the following report as a result of his
meeting with representatives of the Brookings County 4-H Horse Clubs and the Brookings Riding
Club on November 10`". Items discussed included: 1) Status of outdoor axena noxtheast of Larson
Ice Center, 2) Current schedule of events and practices, 3) Facility needs for hoxse show events and
practice involving 4-H and Riding Club, 4) Potential budget and funding available, and 5) Feasibiliry
of combining effnrts with a large holding pen/storage facility to also accommodate needs of -
outdoor arena.
Outdoor Arena. When County Ag facilities were adjacent to Pioneer Park, a lighted outdoor riding
arena was maintained by the Brookings Riding Club and used extensively for several Riding Club
shows each summer, as well as by 4-H horse events and pxactice. During the move to the Swiftel
Center site, some effort was made to cxeate a new outdoox riding arena,but it has never been fully
completed. To be complete, the arena needs lighting (pxeferable,not mandatory),better
maintenance of show ring base material, restrooms, concession area, storage and an announcers
booth with P.A. system. Portable bleachers owned by the county ate still available.
Current Schedule Of Events And Practice Times. The annual 4-H horse show is held in mid July
each year, and uses the holding baxn wing of the ice arena. Holding the event indoors works fine as
there is then no problem with inclement weather. A very nice outdoor facility might change that,as
long as an indoor facility was available for standby.
Practice times are not stricdy scheduled,but 4-H membets are allowed to come to the outdoor arena
on weekends or evenings. Better maintenance of the arena riding surface,lights and restrooms
would encourage more use.
The Riding Club has reduced their annual local show schedule to only one per summer, and that is
held indoors. They indicate for a variety of reasons, their budget to host a local show is too small to
allow for more than one show per season with a rental facility. An adequa.te outdoor facility might
increase the number of summer shows they would host.
Facilit�Needs for Outdoor Arena Com�letion:
1) Lighting is not mandatory,but would increase potential hours of use,encouraging late evening
use on hot summer days and at either end of the outdoor season April-October. Lighting,
formerly used at the outdoor hockey rink at Larson Park,has been offered for this purpose.
Thexe would be some installation and xelocation costs.
2) Restrooms: A small restroom facility open all summer is a high priority item to accommodate
more outdoor arena use.
3) Outdoor shows require a P.A. system and announcers booth,preferably one that could remain
on site.
4) Storage for certain items and equipment used in the shows would be more accessible if
permanendy on-site.
5) A small concession facility for show events would be most convenient if permanendy on site.
6) The riding suxface (dirt/sand) needs some additional material added,however,regular
maintenance with grooming equipment is the most critical need.
7) Location of these support facilities needs to be adjacent to the outdoor arena,preferable ciitecdy
south, or on the east or west sides.
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Estimated Budget Costs and Potential Funding Sources
1) Lighting and arena ground maintenance can probably be handled through a combination of
private sources,volunteer labox and city/county help.
2) The most efficient way to provide the other support services would be a small multi-use seasonal
building, constructed along the south edge of the outdoor arena. Several floor plans have been
developed,however a current accurate cost estimate is not available.
3) The Brookings Riding Club did not indicate if they would have funds to assist in complerion of
the outdoor arena support facilities.
Brookings 4-H Horse Clubs received a private donation three years ago, designed to be used for the
benefit of 4-H Horse Clubs in Brookings County. Currently there is just under$30,000 in that
account, none of which has been used to date. It is their opinion that upgrades to the outdoor
riding arena would be an appropriate use of these funds. It is unknown whether other donations or
sources of money could be found to increase the funds available.
Feasibilit�of Combuung Efforts with New Swiftel Center Seasonal HoldingBarn/Storage Facilit�:
The preferred location of a future holding barn/storage building as a support faciliry fox Swiftel
animal events is direcdy east of the Larson Ice Center. An alternate location could be adjacent to
the south of the outdoor arena,but is quite limited in space available and is a greater distance from
the Swiftel Centex/Ice Arena.
Cost of constructing a small multi-purpose building for the outdoor arena,whether as a stand-alone,
or within a larger holding barn,probably would not change a great dea1, other than perhaps the
utility service extension necessary for water/sewer and electricity. There could be design problems
trying to locate the multi-purpose building/holding barn at the outdoor arena location,and still have
the ideal setup for the 4-H/Riding Club use.
Frerichs concluded saying there does not appear to be a significant financial or logistical benefit to
either the 4H/Riding Club organizations or to the City of Brookings/Swiftel Center in trying to
combine efforts in a joint building effort. The compromise necessary to accommodate this plan
would outweigh any benefits.
Munsterman noted that he believed the majority of the Council didn't want to review the current
policy regarding animals in the red rink. He questioned where to go from here.
Bartley said he'd like to see the policy reviewed one more time. He said the City Council doesn't
manage any other city building in town, so why are we managing this one? He recommended the
Council review the policies as written and make changes. He'd like to see the management fall
under the city manager and not the council. This issue doesn't need to be political. Once under the
city manager,if the Council doesn't like his decision it's still the Council's puxview to discuss it with
him.
Whaley said the Council needs to evaluate the cost of a new structure. The estimates they've seen
are from 2004 and updated numbers including water and sewer axe needed in order to make a
decision. The Council needs to know the Center's"wish"list and bare minimum needs list in order
to make decisions.
Reed agreed saying it would be important for the Council to have the bare m;nimum list and the
wish list. He noted that the Swiftel Center has storage needs and if there's an opportunity for
improvement that should be considered.
Bardey asked Tom Richter if the Swiftel Center was working on a master plan and if that plan would
be presented to the Council in the near future. Richter, Swiftel Center Executive Director, said yes,
they have a plan but it doesn't include additional animal holding facilities because the city already has
facilities built for that. Bardey asked if the only xeason the Swiftel Center isn't using the Ice Center
for that purpose is due to the current policy. Yes. Bartley said the Council needs to first review the
policy before looking at building estimates. The Swiftel Center's expansion needs will have
significant cost.
Richter noted that the Center's storage issues are addressed in the study. �
Brunner asked how much private funding was involved in the Ice Center project. Frerichs said
$800,000 from one donor and another$600,000 including labor from another source for a total of
$1.4 million. He estimated the total funding breakdown as 15% from BISA, 15-20%private, and
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65-70% from ciry. Richter noted that$740,000 of city funds was shifted from the Swiftel Center to
the ice arena to help get that project done (holding barn axea). Richter said that amount had been
set aside by the Swiftel Center Board to construct animal holding barns but the decision was made
when planning the ice center that holding barns would have limited use and if those funds were put
towards the ice center it could be a multipurpose facility.The ice center project also needed those
funds to get over the hump to get the project done.
Munsterman asked how much of the $740,000 went into the multipurpose aspect of the project.
Frerichs didn't know; that part wasn't bid separately,but he knew it was more or less that amount.
Brunner said he struggles with this issue becanse of the private dollars invested with the idea of ice
skating. He wants to take the people who put in private dollars into consideration.What were their
intended uses for? Was it for shaxed use with other events to include animals?
Thomson asked if it was common for Midwestern communities with ice axenas to host horse shows.
If so, did staff have any idea if it was common foY those two entities to have conflicts with the
multipurpose aspect? Frerichs didn't know but Aberdeen's Center is used for those types of events
as is Windom,MN. Richtex said he could pxovide a list of shared facilities. He said communities
build these facilities with public and some private partnership and are built primarily for ice skating,
but paxt of year the building sits dark and they'd rather use it than let it sit empty. Many opt to do
that. The Larson Ice Center was designed for just that. He personally attended most of the
planning design meetings for that facility and knows it was ctesigned for occupancies of animals in
the off season when ice wasn't in the building.
Thomson said she'd like to see a list and talk to those communities, their ice skating groups, and
their city councils or cominissions.
Tom Honkomp,Brookings�ce Skating Association (BISA) representation, said he had heaxd this
several times that the facility was built for animals as well as other things,but doesn't know if that is
true. He knows the red rink was built for year-round ice. The BISA organization would like to
expand their progxam into the summer months. They'Ye hoping to use the facility 8 or 9 months pet
yeax. They know the Swiftel Center uses its facilities to build their programs. However,if the city
allows the Swiftel Center to use the Ice Center for 6 months it cuts off their ability for hockey to
have camps and spring leagues. The red rink was primarily designed for ice skating but could be
used for auctions and other types of events. The group is hoping to expand its programs into the
spring and summer,but that would be difficult if they don't have access because it's a holding barn
for horses. BISA doesn't want to be cut short in their ability to lengthen the season and its income.
Thomson asked why they haven't had year-round ice.
Honkomp said they have year-round ice in their 10 year plan,but the program needs to grow more
to do so. BISA has been in this facitity since 2002. They do want to attempt to utilize the building
more. They have used it in August for camp. He noted that ice skating can't go anywhere else, and
asked the Council not to sell them short. There's been a lot of blood, sweat and tears that went into
this project.
Reed asked if the camps bring people from other communities. Honkomp said yes, the Convention
Visitor's Bureau has done an economic unpact analysis on the event. He noted that BISA requested
to be on the council agenda for this meeting but couldn't get on. The skating program brings
people and income into the community.
Reed asked if the profit potential from those camps could offset the costs of the ice and the facility
and could help fund the other 6 months of the progxam. Yes,the organization could come up with
a business plan with expected profit. He noted that they are non-profit and funds are reinvested
back into the program and the facility. They did the mezzanine two years ago and hope to fuush the
bleachers in 2010. The BISA organization is happy to work out some realistic plan to generate
income to help facilitate the facility.
Baxdey said it is ixnportant for the City Council to determine where to get involved in this process
and it's equally important to have all the information. Facilities such as these are best managed by
people who do these things such as the city managex and the facility management company. If BISA
wants year round ice with a plan to pay for it that would be a management decision the city manager
and facility management company would look at. 'This is what he's interested in;the best use of the
facility. Until that time if there's management decisions to best use that property, those should be
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made by the City Manager and not the City Council. The Council is constraining the use of the
facility by the policy which is politically charged. Their essential isn't a policy that allows the city
manager to make decisions because under the current language the City Council can overtide
everything. He feels the city council must step back from this issue.
Munsterman asked the City Council for dixection on this issue. Do they want to review the poliry or
proceed ahead with specs on stalls and an out building?
Bezdichek said this policy has always been a discussion item and its interpretation is always the issue.
The City Council doesn't oversee the soccer complex, the school gyms, etc. and this ice arena should
be overseen by the Park Board and City Manager. The Council needs to back away and let those
city departments determine how its facilities are run. Volunteer contributions have always been a
big part of many other facilities in town. There are many volunteers who put in time and that's
when they start to ta.ke ownexship. It becomes a difficult issue to talk about when people are so
passionate for these progxams,but they are living and breathing programs which is what we need in
Brookings. The policy should state the issue be first handled by the park board, then the city
manager and only to the council as a last resort.
Thomson agreed with Bezdichek that it would be a good idea to review the policy. That wouldn't
pre-empt anything others are talking about.
Brunner said he likes bringing decisions to the city level,but he also likes the poliry currendy in
place. That has a lot to do with the amount of volunteer and private funds involved.
Fxerichs said he needed to clarify the City's current poliry;ice and hockey always have first priority
in the red rink. That's specific in the agreement and the City is in no way suggesting with a summer
proposal that they'd forgo that for an animal event. Ice is the priority;however, he's not received a
proposal for summer ice but it is certainly a possibility.
Bartley said there are volunteer hours and funds invested in altnost every facility the ciry has and the
management of those facilities isn't run by the Council.
Falken said staff needs ditection. They could spend a lot of time designing another building that's
only set up 2 or 3 times per yeax. It doesn't make sense to spend money on a facility for such
limited use. There needs to be communication with all parties (city manager,BISA, city staf� to
develop a business plan that makes sense to use the facility year round. It doesn't make sense to
design another building—that is very expensive. All these issues need to be considered before city
council direction is given.
Munsterman asked when the horse shows are next year. Richter said the 2008 Quarter Horse Show
is in May. They'd need to bid the Arabian Show by June. Munsterman asked how much notice is
needed to rent the tents. Richter didn't know, they could already be rented. He will also check with
the Quarter Horse Show to see if they could make the event work without it being covered. He
noted that they need to know as a management entity what the policy is if the city wants to attract
those types of events. If they don't, that is fine. He just needs to know. There's a good chance the
Swiftel Center will be able to sign the Quarter Horse Show,but will need to know if a covered
warm-up area is a deal-breaker. He needs direction to know whether to bid the Arabian Show.
Bardey said the cost benefit might not be there. Or maybe the ted rink isn't available. Richtex said
it's a ciry owned facility that he manages and is trying to present the facts.
Munsterman recommended if BISA has something they are working on to present it so the Council
knows exacdy what they are thinking about because it could affect the plans of what Richter bids on
in the future.
Richter noted that it's only a limited window to use the red rink. With 8-10 month ice, thexe might
be a window;however with 12 months there are no options. .
Falken said before it comes back to the Council, all paxties will need to meet and discuss with the
Parks Department the proposal for extended ice and potential costs.
Munsterman agreed that the conversation between all parties should continue and the City Manager
will bring the issue back to the Council when it's xeady.
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Lic�uor License Process. Bardey said the City has xeceived a couple applications for the one
remainuig liquor operating agreement. The policy established in 2005 was to leave it on the "shelf,"
but the Council could entertain opening up the process for applications by majority vote.
He also noted the City of Brookings is working on a bill to introduce in this Legislative Session for
additional liquor licenses for restaurants. He felt it was difficult to promote the need for additional
licenses when the City still has an unissued license. The City has been holding the license in hopes of
a hotel-type facility with a restaurant;however, at this point in time it doesn't appear that this will
happen in the neat future and the City should make ma�mum use of its operating agxeements.
ACTION: A motion was made by Bartley, seconded by Whaley, to advertise for
applications for the one remaining liquor operating agreement.
Discussion: Reed said it's a tuning issue and he's not comfortable accepting applications yet. If
we're telling the Legislature it is so important for economic development,it is better to hold it with
the idea is to get a hotel jrestaurant in. Reed felt the development idea needed to be discussed more.
He suggested opening up the process in suc months,but for now he felt it should stay closed.
Whaley noted that the city had the licenses changed to convention style for the Brookings Inn and
StauYOlite Inn a couple years ago. It's time to let the Legislature know that we need them. If we're
holding one it isn't making any revenue for the ciry.
Thomson said she didn't see that holding the license as that detximental to the legislative process. It
shows that Brookings has a very distinct idea of what it expects and having been prudent with its
licenses. She didn't think the city's input on the proposed legislation would be impacted that much.
She would agree to wait until after Legislature meetings to open up the pxocess on this license.
Brunner said as to the proposed legislation,keeping this license could be taken in different ways.
The Legislature could question why Brookings hasn't given out their one remaixiing license. But if
the application process were opened now and the Council receives a number of applications,that
would demonstrate how much interest is out there. That may help Brookings in the legislative
session to expand liquor licenses for restaurant use.
Thomson clarified if the Council opens up the application process it doesn't mean it has to give out
a license to any of the applicants.
Reed noted that past applicants have put a lot into presentations and cautioned the Council about
"dangling a carrot" and not awarding a license.
Bardey noted that the timeframe would take at least 30-60 days to allow for publication and receipt
of applications and the eaxliest the Council would see applications would be January or Febtuary
with a March issuance.
Reed said what happens in this Legislative Session may change what the Council does with this
license. If the Council decides to go forwatd and open up the application pxocess and then decides
none are good enough, those applicants have done a lot of work.
Bartley said the proposed bill would be for unlimited restaurant licenses with a 50% food provision.
The Council could tie strings to this opexating agreement to make it look like the bill. T'he Council
could limit applications to only what it is asking for and if the applicants don't meet the criteria, the
Council won't issue the license.
Munsterman tecommended the Council visit the policy fixst xegarding liquor operating agreement
applications and criteria. Otherwise, the applicants won't know what the Council is looking for.
Reed agreed.and stated that he was 90% sure that he'd vote for someone to get it if the application
pxocess were opened up. If the Council commits to doing this,it should be quite sure that they will
give the license out at the end of the process.
AMENDMENT: A motion was made by Munsterman, seconded by Thomson, to amend
the main motion to place this item on the December 4`''work session to discuss setting
policy before accepting applications on this operating agreement.
440
Discussion: Munsterxnan said the purpose of discussing this issue first would be to define the
criteria for this last operating agreement. The Council could choose to make the criteria much
naxrower and not give it to a place that doesn't serve food or a hotel may be required. That would
limit the number of people who would apply and that way others that don't qualify don't go through
the work of an application.
Bezdichek asked why the Council wouldn't open up the process to anyone.
On the amendment, all present voted yes, except Bezdichek voted no;motion carried. On the main
motion as amended,all present voted yes, except Reed and Bezdichek voted no,motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Item #16 regarding Research and Technology Center xates was xemoved from the
agenda to be scheduled for December 11`h. A motion was made by Brunner, seconded by Reed,to approve
the consent agenda which included:
A. A.genda, as amended.
B. Action on bids for Fite Dept. equipment to Metro Fire of Ham Lake, MN, for a
"Deployable Raker System,Monopod Pulley Kit, &Waler System" in the amount of
$19,950. Bids were opened on November 19, 2007. Others bids included Ed M Feld
Equipment Company for$21,255; Clarey's Safety Equipment for$21,970, and Paratech
Incorporated for$24,225.
C. Action on Resolution No. 73-07, awarding Bids for Miscellaneous Electrical
Improvements, Brookings Regional Airport.
Resolution No.73-07 '
Resolution Awarding Bids on Airport Miscellaneous Electrical Imptovement Project
AIP#3-46-0005-019-2006
Wheteas,the City of Brookings held a bid letting on Novembex 13,2007;and
Whereas,the City of Brookings received the following bids for the Airport Miscellaneous Electrical
Impxovement Project AIP#3-46-0005-019-2006:
Brookings Electric Construction,Inc.,Bushnell,SD $45,990.32
Strata Corporarion,Grand Forks,ND �47,880.00
Moorhead Electric,Inc.,Moorhead,MN $60,287.50
Muth Electric,Mitchell,SD $65,562.50
Now Therefore,Be It Resolved that the low bid of Bmok.ingr Electric Con.rtruction,Inc.of Bu.rhnell,SD for
the Bid of$45,990.32 be aaefited
D. Action on Resolution No. 74-07, CCO#1 (Final) for 2007-06STI, Chip Seal Project.
Resolution No.74-07
A Resolution Authorizing Final Change Order(CCO#1 Final)
for 2007-06STI Chip Seal Project
The Road Guy Construction,Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for 2007-06STI
Chip Seal Project:Construction Change Order Numbet 1 Final. Adjust estimated bid quantities to"as
build"quantities for a total decrease of$9,G94.00.
E. Action on Resolution No. 75-07, CCO#1(Final) P3245(00) PCN H015,22°d Avenue from
11`� Street South to 20"`Street South Asphalt Resurfacing and Pavement Marking Project.
Resolution No.75-07
Resolution Authorizing Final Change Order(CCO#1 Final)For P3245(00)
PCN HO15 22"d Avenue Asphalt Sutfacing and Pavement Marking Project ,
from 11�'Street South to 20�'Street South
BE IT RESOLVED by the City Council that the following change order be allowed for
P324S(00)PCN H015 22°d Avenue South Paving and Striping Project.Construction Change
Order Number 1 Final: Adjust estimated quantities as"as build"for a total decrease of
$75,9G8.62.
F. Action on Resolution No. 76-07, CCO#1 (Final) P3245(00) PCN H018,22nd Avenue
&om 6th Street South to Highway 14 Bypass Asphalt Resurfacing and Pavement
Marking Project.
Resolution No.76-07 �
Resolution Authorizing Final Change Order(CCO#1 Final)
for P3245(00)PCN H018 22°d Avenue Asphalt SurEacing and Pavement Marking Project
from 6�'Street to Hwy 14 Bypass
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BE IT RESOLVED by the Ciry Council that the following change order be allowed for
P3245(00)PCN H018 22"d Avenue South Paving and Striping Project. Construction Change
Ordet Numbex 1 Final: Adjust estimated quantities as"as build"for a total decrease of
$72,653.85.
G. Action on Resolution No. 77-07,authorizing the city managex to sign an operating
agreement with the Pavilion for a convention liquor license.
Resolution No.77-07
Park Place Inc. (Dba Pavilion)Operating Agreement
BE IT RESOLVED by the city of Brookings,South Dakota,that the Ciry Council hereby approves a
Lease Agreement for the Opexating Liquor blanagement Agreement between the City of Brookings
and Paxk Place Inc(dba Pavilion),Lance Paxk,owner,for the purpose of a liquor manager to operate
the on-sale establishment or business for and on behalf of the City of Brookings at the Pavilion
located at 2500 6th Street.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on
behalf of the City,which shall be for a period of ten years with a renewal in five(5)years.
H. Action on Resolution No. 78-07,2008 Medical Insurance Contribution Rates.
Resolution No.78-07
Establishing 2008 Medical Insurance Monthly Contribution Rates for the City of Btookings
Health Insucance Pcogtam
WHEREAS,Resolution No. 109-96 established a self-funded program for the provision of health
insurance for City employees;and
WHEREAS,establishing a corridor fund fox sharing of savings and risk for a specified claimant
allows savings to the Health Plan;and
WHEREAS,the Brookings City Council intends to establish the levels of employee and employer
contribution to fund the program;
NOW,THEREFORE,BE IT RESOLVED,that the 2008 employee and employer contributions to
the self-funded health insurance program be established as follows:
City General Public Safety Employees&
Non-Represented PS Employees
Employer's Employee's TOTAL Employer's Employee's
Share(75%) Share(25%) Share(85%) Share(IS%)
Single $380.18 j126.73 $506.91 $430.87 $76.04
EmployeejMinor $652.60 $217.53 $870.13 �739.61 $130.52
Dependents
Employee/Spouse $812.91 $270.97 $1,083.88 $921.30 $162.58
Family $1,008.94 $336.31 $1,345.25 �1,143.46 $201.79
I. Action on Resolution No. 79-07,2008 Dental Insurance Contribution Rates.
. Resolution No. 79-07
Establishing 2008 Dental Insurance Monthly Contribution Rates for the City of Brookings
Dental Insurance Plan
WHEREAS,BE IT RESOLVED that the 2008 employee and empioyer contributions for the dental
insurance plan be established as follows:
City Genexal&Public SaEety
Employees
Employer's Employee's TOTAL
Share(75%)oE 2008 Share
single rate
Employee only $24.74 $8.24 $32.98
Employee/Spouse $24.74 $38.52 �63.26
Employee/Child(xen) $24.74 $40.26 $65.00
Family �24.74 $63.38 $88.12
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J. Action on Resolution No. 80-07, a Resolution Approving The Payment.Of The
Insurance Premium Tax Proceeds To The Brookings Volunteer Firefighters Deferred
Compensation Plan.
Resolution No.80-07
A Resolution Approving the Payment of the Insurance Premium Tax Proceeds to the
Brookings Volunteer Firefighters Deferred Compensation Plan.
WHEREAS,the City of Brookings receives annually a share of the Insurance Premium Tax which is
distributed by the State of South Dakota and is allocated by the Brookings County Auditor among the
certified fire depactrnents servicing the County of Brookings;and
WHEREAS,the Insurance Premium Tax,pursuant to SDCL 10-44-9.6,may only be used to pay �
operating expenses,pension contributions and the cost of capital improvements of fire departments;
and
WHEREAS,the City of Brookings has previously used the Insurance Premium Tax exclusively'to
fund the Volunteet Fire Fighters Compensation Plan and desires to formalize this practice by
Resolution of the Ciry of Brookings,
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of$rookings,
South Dakota,as follows:
That the City of Brookings hereby designates that the Insurance Premium Tax which is allocated
annually by the Bxookings Counry Auditor shall be used,in accordance with SDCL 10-44-9.6,only to
pay operating expenses of the Brookings Fire Department,for pension contributions by the City of
Brookings to the Brookings Volunteer Fire Fighters Deferred Compensation Plan,and fox capital
improvements of the Brookings Fire Department.
On the motion, all present voted yes;motion carried.
18`reading—Ordinance No. 40-07—Budget. First Reading was held on Ordinance No. 40-07:
An Ordinance Entided"An Ordinance Authorizing a Supplemental Appropriation to the 2007
Budget for the purpose of providing for additrional funds for the Operation of the City. Public
Hearing.• December 4, 2007
1"Reading—Ordinance No. 41-07—Conditional Use First Reading was held on Ordinance
No. 41-07: A conditional use permit to establish a major home occupation (poxtrait studio) on the
east 104.7 feet of Outlot 7, excluding Lot H-1 in the SW '/4 of�Section 35-T110N-R50W (1632 Main
Avenue South). Public Hearing: December 11, 2007 �
2°d Reading—Ordinance No.35-07—rezonin� A motion was made by Reed, seconded by
Brunner,to xemove Ordinance No. 35-07 from the table. All present voted yes;motion carried.
Public Hearing: Eric Lowe,land ownex on the north side of the properCy, said a group of homes on
the north side of this area are to be developed and a few acres would be adjacent�to those homes
(north of where 15`h Street will go). Those acres would be R3 under the proposed rezoning. He and
the other homeowners would like to see those acres get zoned R2 and leave the remaining as R3.
Scott Hodges,applicant, said the type of housing they're intending for is a larger scale association-
maintained type community, similar to the Summer Hill and Meadow Green developments which
are fully landscaped designed properties. There would be less control over what is installed if the
Council doesn't approve what is proposed.
Reed asked if the rear of the proposed housing would face the rear of the housing along Yorktown
Drive. Hodges responded yes,just like Meadow Green. Thexe wouldn't be any parking lots and the
lawn would be sprinkled.
Darren Daggitt, neighbor,reiterated what Lowe said that there wouldn't be a buffer between the
back of their property and the new development. If the plan goes forwara as proposed, the
neighbors wouldn't have a problem. However, the property could be sold and a different plan could
be developed. The neighbors are asking for the protection of a R2 buffer.
Public hearing clo.red
A motion was made by Reed, seconded by Whaley,to approve Ordinance No. 35-07,an ordinance
rezoning Block 2,Nelson Fourth Addition excluding Lot 1 and the SW '/a of Section 36-T11-1�T-
R50W excluding the SE'/a and excluding the remaining platted axeas thereof from an Agricultural A
District to a Residence R-3 District and Business B-2 and B-2A Districts.
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Discussion: Reed asked when this project goes through the platting process wi11 the surrounding
properties taken into account. Dan Hanson said with traditional zoning an R3 use would allow for a
numbex of uses to include apartments and townhomes.
Keith Rounds, applicant, said the reason the project came to fruition is due to the new school. They
had other plans,but once school was done it put this project into an accelerated program. The
demand for this development may be strong enough that they move forwaxd soonet than the
proposed 5 year plan. They will address neighborhood issues with covenants,and they give their
cotnmitment to do that.
On the motion, all pxesent voted yes,motion caxried.
2"a Reading�—Ordinance No. 36-07—Signs. Public hearing was held on Oxdinance No. 36-07,
an ordinance renewing Ordinance No. 36-06 for one (1) additional yeax and pertaining to an
Ordinance amending the Zoning ordinances of the City of Brookings by establishing temporary
zoning controls concerning animated signs. No comments were made during the public hearing.
A motion was made by Reed, seconded by Brunner to approve Ordinance No. 36-07.
Discussion: Bartley said temporary zoning controls were originally designed for communities to use
for master plan uses when pxoperty was to be redeveloped as an emergency measure to protect use
of that property. He doesn't believe the sign ordinance rises to that level and he feels it's a misuse of
the ordinance by the Council. He doesn't think there is a great demand to extend the moratorium.
It's time to let it lapse. He said the fault lies with the City Council not following the Planning
Commission's recommendations. To impose a moratorium that isn't an emergency is bad policy.
Thomson asked why there was interest in extending the moratorium on the zotung. Was the
purpose to analyze it furthex?
Munsterman noted that the Chair of the Planning Commission was here and spoke to the Council.
He said there were also several individuals who didn't feel they were part of the process and didn't
feel they had input. Because of that the majority of the Council voted to send the issue back to the
Planning Coinmission. The Council didn't feel they should take action on the sign orclinance until
the Planning Commission sought the input from othexs. However, the moratorium expires on
Octobet 24, 2007. The idea with this ordinance is to reinstitute the moxatorium so thete's no
activity until the issue is resolved. The Council can lift the moratorium in a couple months when
input from groups is received.
Thomson asked if the concexn is regarding the historic districts and Main Street. Yes. She asked if
it's necessary to restrict signs for the entire year. Munsterman said no,it would probably only take
two rnonths. The Planning Commission needs to do some reseaxch and take input. Then the
Council can lift the moratorium, take action on the ordinance and be done with it.
Falken noted that it would be better to do the moratorium for one year rather than 60 days,and
then find out 90 days wete needed. He agreed that the city needs to resolve this issue and move
forward.
Bezdichek said he would be voting against this ordinance. He noted that the Planning Commission
agendas are published. Individuals opposed should have attended those meetings. They did speak
at a recent Council meeting and spoke their minds. The Planning Commission worked on this issue
with the help of Daktronics. He doesn't believe a moratorium ordinance is needed.
Bartley asked if there had been any applications brought forward since the moratorium expired.
Hanson said no. He is hoping to bring ordinances to the planning commission on December 4`''
Baxdey said the Planning Commission took a year to make recommendations on this issue. There's
been no public outcry, only individuals that didn't get what they wanted. The Council has now sent
this issue back to the Planning Commission to look at historic districts. He felt there were ways to
resolve this issue,but not putting restrictions on an entire district.
Reed noted the Council asked for this issue to go back to the Planning Commission on a majority
vote of the Council,which says there is still an issue. He felt if it doesn't come to resolution in thxee
444
months,then to be done with it. He sees this as a temporary issue until it comes back to City
Council from the Planning Commission as requested.
Brunner asked Hanson if he thought thexe'd be some action by the Planning Commission on
December 4`�'. Hanson said they would look at design review district for central business district
splitting into two areas.
Thomson thought it was a good idea to extend the moratorium and wait to see what the Planning
Commission comes back with on splitting out the districts.
On the motion,all present voted yes,except Bardey and Bezdichek voted no,motion carried.
Malt Beverage License Transfer. A public hearing was held on the trans£er of an on-off sale malt
beverage license from Delwyn Miller to John Schoon, Schoon's Pump N'Pak South, 1203 Main
Avenue South, Oudot 8,NE '/a of Section 35-110-50, except the North 55' thereof dedicated to 12�'
Street South. No public comments were made. A motion was made by Thomson, seconded by
Whaley, to approve. All present voted yes;motion carried.
Video Lottery License Transfer. Motion was made by Reed, seconded by Bardey, to transfer a
video lottery license from Delwyn Miller to John Schoon,Schoon's Pump N'Pak South, 1203 Main
Avenue South, Oudot 8,NE '/a of Section 35-110-50, except the North 55' thereof dedicated to 12`''
Street South. All present voted yes;motion carried.
Lic�uor and Wine License Renewals. A public hearing was held on the annual liquor and wine
license renewals: On-Sa1e Liquor Renewals: Applebee's / Porter Apple Co. B. Inc., Cubby's Sports
Bar& Grill / GDT Inc.,Danny's / David Olson Inc.,BPO Elks Lodge 1490, Fireside Restaurant&
Lounge,Jim's Tap,Lantern Lounge/Half Pint Ent. Inc., 9 Bar Nightclub,Pavilion, Pheasant Cafe&
Lounge,Prairie Lanes / Busick-Nelson Inc.,The Ram&O'Hares Ent LI.,C/The Ram,Ray's
Corner/Fergen Ent. Inc.,Safari Lounge Ltd., Skinner's Pub,VFW Post 2118,and the Ciry
municipal Liquor Store. On-Sale Wine Renewals: BraVo's, George's Pizza, Guadalajaras, Main
Street Pub, Old Sanctuary,Perkins Family Restaurant and Shamrock, dba. No public comments
were made. A motion was Whaley, seconded by Reed, to approve. All present voted yes;motion
carried.
Transfer of Real Pro�ertv. Motion was made by Bartley, seconded by Brunner, to approve
Resolution No. 81-07, a Resolution Authorizing the Transfer of Real Property to Brookings
Economic Development Corporation,Inc. fox Economic Development Purposes. All present
voted yes;motion carried.
Resolution No.81-07
A Resolution Authorizing the Transfer of Real Property to Brookings Economic
Development Corporation,Iac.For Economic Development Purposes
BE IT RESOLVED by the Ciry Council of the City of Brookings,South Dakota as follows:
WHEREAS,the Brookings Economic Development Coiporation,Inc.desires to purchase
approximately ten acres of real property located in Freeland Addition,more accurately described as
Lot 1,Block 10,Freeland Addidon in the SE'/,of Section 18,R49W,T110N of the Ciry of
Brookings,South Dakota,for a price of$15,000 per acre,and
WHEREAS,for the express purpose of furthering economic gxowth and development of
the City of Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees
to sell,convey or otherwise transfer said property to a legal entity which is,or will be,conducting
business in the City of Brookings,South Dakota,and
WHEREAS,it is in the best interests of the City of Brookings that the City provide its
economic development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings;and
WHEREAS,the City is authorized to enter into this transaction as an economic
development activity undet the laws of the State of South Dakota;
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of
Brookings,South Dakota,as follows:
A. That the City convey tide to the above-described property to the Brookings Economic
Development Corporation,Inc. for sale of the above-described pxoperty to a business;and
B. That the Mayor,City Clerk and City Managec are authorized to execute the required
documents in accordance with this Resolution.
445
Presentation of City Quarterly Financial Re�orts Rita Thompson, Ciry Finance Manager,
reported that the City is doing we11 with the budget and spending has been conservative. On
December 4`h she will appeax before the Council to establish a reserve fund. She reviewed the
budget xepotts. Those reports axe available at City Hall or online. No action was taken.
2"a Reading�—Ordinance No. 37-07—conditional use A public hearing was held on Ordinance
No. 37-07: an oxdinance approving a conditional use permit to establish a boardinghouse foY four
(4) persons on the east five feet (5') of Lot 6, all of Lot 7,Block 10,Moxehouse Addition (725 9`h
Street).
Public hearing: Dr. David Nagelhout said he was interested in putchasing this propexty because he
has one daughter attending SDSU and potentially another. He's a native of Brookings, attending
high school and college here and now lives in Sioux Falls,but still has close ties to the community.
He requested the Council concur with the Planning Commission and grant this conditional use
permit.
James Pedersen pxesented the following statement to the Council: `2 am James Pedercen.A.ryou know
from my.rtatement to the Planning Commi.r.rion u�hichyou received,My avife and I live at 803 Harvey Dunn Street,
one block north of the 9th St./8th Ave. hou.ce that i.r up for boarding hou.re conditionad u.ce con.rideration. We also
oavn the hou.re at 716 9th St., ivhich we rent to our handicapped daughter. We join other neighbors who are here
tonight and tho.re could not be here to e.x�ire.cr our dee�i concern about u�hat i.r hapj�ening to our neighborhood.
As I advi.red the Planning Commi.r.cion, 16yearr ago, we bought our home on the corner of Harvey Dunn �8th
�ve. We were very aware of the mixed neighbor circum.rtances in the block to the.routh of u.c At that time, however
Sth Ave�va.r a divider.rtreet bet�veen famidy hnmes on the u�e.rt.ride of 8th Ave. and the.rtudent�ntal.r on the ea.rt rzde
of 8th Ave. No�v, if thi,c conditional u.re z,r a�iproved, there will be only tsvo family homes for the two blockr.routh of
u,r, the first houre and the la,rt bou,re, on the sve.rt side of 8'h Ave. bet�veen 8'�St. and Haruey Dunn St.
I kno�v that many of our neighborr,rhare the opinion that one le.rs famidy home in thi.r mixed family and rental
hou.ring hi.ctoric di.rtrict neighborhood ivould be a key loss. lY/e think it would not be in the be.rt intere,rt.r of Brooking.r
generally, and thi.r hi.rtoric neighborhood.r�iecifically. lYfe individual homeownerr, a.r my tvife and I, have inve.rted
significantly to improve and retain the hi.rtoric beauty of our family home.r in this neighborhood.
Mr. Kurt�of the Planning Commi.r.rion advi.red us on 19/6/07 that the ordinance.r�vould have to be changed before
the Planning Commi,r.rion could con.cider the.re kinc�r of neighborhood i.r.rue.r. So sve a�z he�z to advance thi.r po.r.ribility.
We know the Council is a.r concerned, as we are, about imprnving the 6i&gerpicture of community and neighborhood
guality living conditions in Brooking.r.
So,plea.ce repeat the deci.rionyou made on 10/9/07 zvhenyou denied the Planning Commi.r.cion's r�commendatian for
a fourperron boarding hou.re for 1010 1"Street. The di.rcus.rion of 10/9/07 applies doubly in thi.c neighborhood.
High-density parking i.r a huge problem, e.rpeeially during daytime hourr My�rife i.r not here tonight becau.re she i.r
getting ready of ten ladie.r to come to our hou.re tomarro2v for a�neeting. She i.r a.cking, tvhere will they park?Our
driveivay.rpace will accommodate only four carr and.rtreet parking zvill be gone by 8:00 a.m.
In addition to every thing that ha.r and aa�ill be.raid about boarding hou.re.r, con.rider the re.rult.r of the late.rt hou.cing
needs.rtudy. The need for a�'ordable family home ownerrhip wa.r front page nesur in the Kegi.rter 1�/17/07. (See
article from Brooking.r Vi.rion Coalition— `in the next >0 yearr Brooking.r urill need 850 additional owner occupied
home.r and only 300 additional rental hou.ring unit.r.')Family otvnerc can't compete for homepurchase.r when
boarding hou.re landlord.r are ma�rimi�ing income cash fZow from renter.r to fund infZated price.r of home.r.Al�o, often,
boarding hou.re and/or rental landlord.r minimi�e maintenance and uf�keej�inve.rtment.r, and.reldom do they con.cider
hi.rtoric improvement.r tvhich family otvnership i.r more likely to implement. The Council need.►-to con.rider way.r to he p
level the economicplaying field far home o:vnerrhip. Hou�can the city follow the Exi.rting L.and U.re Ma�i, 2vhich
.chosur thi.r neighborhood to be Loiv Den,rity Kesidential?
l�e under.rtand and respect the d'�cultyyou face in advancing con.rtructive change.c that Jvill deal with the.re chadlenging
need.c Tonight, can be step one, 1ve urge thatyou deny thi.r conditional u.re reque.rt for a boarding hou.re at 725 9th
Street. l.Y/hat are the next steps�We o�'er our help and.rupport for potential change.r in the related Hou�ing
Ordinance.r. IYIe believe.ruch change.r could begood forBrooking.r and al.co could j�ositively�irotect the long-term quadity
of the mixed and hi.rtoric hou.ring environment in the Near Univerrity-8`h Ave. neighborhood."Jame.r O. and Marilyn
R Peder.ren.
446
Georgianna Olson agreed with Pedetsen noting the deterioxation around the univexsiry is a ciixect
result of the student rentals and boardinghouses. She objected to the request noting garbage,
patking and othex issues.
Kim Winterfeld, 928 7`''Avenue,made the following statement: `7 am Kim Wlinterfeld. I live at 928 7`�
Avenue. I oppore this boardinghouse. I alsa opposed the boardinghouse avhich wa.r�ranted thi.r.r�ring,ju.rt next door
to thi.r home. I attended both Planning Commi.r.rion meeting.r. I wa.r unable to attend thi.r.rpring.r City Council
Meetin� but did.rendyou each a letter e.xpr�.cring my concern.t. I agree 2arith all the remark.r Mr. Peder.ron said so
ivell. Allouring boardinghou.re.c doe.r have a negative impact on a neighborhood. A drive thmugh our neighborhood urill
.rhozv numerou.r rental.r and boardinghou.re.r in poor condition. Apartment.r have been.rquee�ed in. Manyyard.r have
Gecome�iarking lots. This makes it increasin�d�cult to attract familie.r and oTVner.r tvho maintain a quality
neighborhood.
We live in the Univer�ity Ke�idential Hi.rtoric Di.rtrict just block.r from Woodbine Cottage, the SDSU Pre.cident's
Home. Gary and I have won 2 Mayor.c Award.r for Hi.rtoric Pre.rervation in thi,r neighborhood. It i.r hard to
understand why the cidy re�vards Hi.rtoric Preservationyet alloav,r exception.r�vhich negatively a�fect ourpropery value.r
and contribute to the decline of our hi.rtoric neighborhood.
I hope the cozrncil svill.ru�port in keeping,rome quality in the hi.rtoric area around SDSU, our neighborhood, and deny
thi.r reque.rt."
Gary Winterfeld said he was very disappointed that another property was being considered for a
boardinghouse designation because in his opinion the neighborhood is already saturated with rentals
and boardinghouses. The pattern of losing£amily homes at this rate is very distuxbing and
boardinghouses don't make it any easier. There needs to be a balance between communiry needs
and SDSU growth. However,that neighborhood is at a breaking point: His vision is of a
neighborhood of well maintained single family homes and rentals fox a balance of students and
families.
Nagelhout said he shares these concerns of neighborhoods. What attracted him to this
neighborhood was that it's safe, convenient and close for his daughter. However,it is surrounded
by rentals and he understands the concerns and will make every effort to maintain this house in his
hometown. He used to live in a house one block away and has no desire to be a detriment to this
neighborhood. He said this would be his family living there and considers it"fanvly" housing.
Richard Howard made the following statement: `�ly name i.r Richard Ho�vard. My wife,Jane, and I
bought our home at 723 8'�Street in 1985. Like many o,f our home oumer neighbor.r, :ve have made rign�cant
inve.rtment.r to upgrade our home, svhich�va.r built in the late 1890.r.
For in.rtance, then have been at lea.rt 4 triplegarage.r built in our neighborhood in the la.rt 5year.r Wle regard thi.c a.r
evidence that home osvner.r are upgrading their home and the neighborhood.
Currently, there i.r a hou8.re for.rale acro.r.r the.rtreet from our home which i.r li,rted at,d'279,500.00. Thi.r
demonstrates the potential value of the older home.r in tbe neighborhood.
Like mo.rt familie.r in Brooking.r, our home i.r a rignificant inve.rtment and rve svould like our home to r�flect the value
of the imprnvement.r lY/ith the continued incr�a.re of the�ntal and boardinghou.re pmpertfes in our part of town, we
are concerned about the negative im�act thi.r i.r having and�vill have on the value of our family home.r.
Our neighborhood include.r the Ag Heritage Mu,reum, the South Dakota Art Mu,reum, and I�Voodbine Cottage. All
of these are p�nmoted by the South Dakota Touri.rm Department a.r place.r to virit in South Dakota. The integrlty of
the neighborhood svhere the.re�vell recogni�ed facilitie.r are located�zfZect,r on the City of Brookings and the state of
South Dakota. Vi.ritors to our city are probably more apt to drive around the 8'�Avenue neighborhood than hou.ring
areas in other parts of Brookfngs. Do rve svant viritor.r to our city to.ree a deterinrating housing area when visiting the
first Diui�ion I Univer.rity in South Dakota and the City of Brook,ing.r?
[Y>e urgeyou to carefully con,rtderyour action.r here tonight a.r it r�late.r to the aj��iearance and aesthetics of the
Univer.rity Hi.rtoric Neighborhood and on the�irnpery value.r and lifelong inve,rtment,r for the 8ib Avenue area
homeoavner.r."
R.ich Widman, 929 8�'Avenue,urged the Council to reject this request and to seriously look at this
issue before it becomes a major problem in the future. Brookings needs"mixed neighborhoods" to
keep it from looking like Vermillion. He has nothing against college students, but unfortunately we
need to start somewhexe. He noted that 30 people were present in the audience objecting to this
447
tequest. He again urged the Council to take a serious look at this issue and to make sure that
Brookings remains a beautiful place with a mix of families and college students.
Gary MoYk, 809 Harvey Dunn, commented on the parking problem in that axea noting that a check
of police logs would find his name citing concerns. He noted that he only calls 1 in 10 times there's
a problem. Laws are not upheld. Ordinances are not upheld. They alxeady have problems in that
neighboxhood and he sees this request as another potential problem. It sounds like a well thought
out plan, but its part of another slippery slope going downhill. He requested denial.
Cyndy Boesch, 628 8`''Avenue,has lived in her home fox 23 years. They bought their historic house
knowing it was a mixed neighborhood,but they've seen more detexioration and density than ever
thought possible. This axea is the gateway to the University, and going through that area gives
visitors their first impression of the city. Many times what they see is peeling paint,unmowed yards,
no trees, litter, furniture, and backyards bulldozed. She recently heard someone from out of town
tall�ing about her neighborhood and the deterioration and called it"Brookings, Slum Place Special."
Appxoving this boardinghouse just okays more density in the neighborhood and they don't need any
more. No one can park. No one can visit. They'xe embatrassed when people come to visit due to
the condition of houses in the area. Appxoving this boardinghouse will not unprove the
neighboxhood ox the City of Btookings.
Sam Nelson, SDSU Student Senator, said this neighborhood is zoned R2,which is a mixed use
neighborhood allowing for rentals. The allowable density is much greater than it curxendy is. It's at
the low end of density. Aesthetics is a concern and landlords need to keep up their properties.
Many times students agree with these property owners regarding the condition of the houses. He
said the Student's Association and City Council worked together to get an additional$60,000
approved to go towaxds code enforcement. The Association would support additional codes if the
Council felt it necessary in order to keep yaxds mowed. But,he didn't think it was fair to deny this
applicant an opportunity to provide a home for his daughter simply because other people haven't
kept their houses up. He could still purchase this house and tent it to three. The boardinghouse
designation would be for the fourth person. He didn't know how much difference one more person
would make.
Calla Hogue, 711 8`h Avenue, echoed the comments both for and against the proposal saying they
were valid on all sides. She said she wished it were such that we could pick and choose landlords
xather than rental units we operate,but that's not the way we do it. Unfortunately we have
boardinghouses and it's a slippery slope and that's a dangerous situation in that district. She told the
Council that they have a treasure up there around the univetsity with the older homes with a variery
of architectural styles and tree-lined streets. However,we're seeing continued deterioration and
some upgrades. She hears comments from property owners hesitating about doing any
impxovements because either they may not get their money back or they're not sure how much
longer they can last in the area. People axe being driven out of good decisions and their homes. She
and her husband own rentals and they have never designed a business plan based on coming to the
City Council for more people because they paid too much for a house. They'd also like to make
more money, but they make decisions based on what works in with the neighborhood. She urged
the council not to help a landlord corxect a bad decision or make a pxopexty more profitable. Rental
properties can handle two to three renters; however, four can become five or six and then they ask
their boyfriends over and it's really 12. She urged the Council to take a look at that treasure by the
university. This isn't just one boarclinghouse, but all boardinghouse requests. She urged the Council
to do what it can to enhance,preserve and restore that area.
Mark Kelsey, 711 8`h Avenue, noted that the applicant would be a fantastic landloxd and this
objection isn't personal. He objected to the process of a boardinghouse conditional on a sale. Is
this realtor-driven? He objected to landlords and realtoxs making extra profit at the expense of the
neighborhood.
Clark Hansen, 811 7`''Avenue, expressed concern about vacant houses in the area.
Nagelhout said he feels that this house is in an ideal location for student rentals and it meets all the
criteria that the Planning Commission has for these facilities. It has ample paxking and it's a large
house with several bedrooms. It had been a boardinghouse at that time when he lived in Brookings
with students living upstairs. He's not changing much by adding one additional person.
Mary Bibby, 822 8`"Avenue, spoke against the application and cited state statute regarding the
criteria to be considered for this request [State Statute 11-4-4.1 Ordinance authorizing conditional
448
use of real property- Content-Appxoval or disapproval of request:a) criteria stated in the Zoning
Ordinance, b) the objectives of the Comprehensive Plan, c) the purpose of the Zoning Ordinance
and its Yelevant zoning districts, and d� public testimony at the public hearing.] She said she
attended the Planning Commission meetin,g for this request and didn't hear any discussion on these
four points and thinks that the Council should look at the points that the state law requires. She
didn't feel the house met the criteria according to state law.
Public hearing closed.
A motion was made by Bardey, seconded by Bezdichek, to approve Ordinance No. 37-07.
Reed said he has always voted against boardinghouses and will again for this applicant. He clarified
that it has nothing to do with the applicant. The Council is concerned with the condition of
neighborhoods and during the last budget session voted to allocate additional money to do more
code enforcement. He didn't agree with the concept that one more isn't going to hurt. There's
more ftont yard and boulevaxd paxking in that area and it's tough to control. That's not necessarily
due to boardinghouses,but rather due to general density in the area. According to zoning, the R2
area has a certain density level. The City needs to use common sense to find what that level is.
Students return from classes and can't find parking so they park on the boulevards hoping they
don't get a ticket. He said anything the City does moving forward with this issue must involve the
students. Everyone that lives there understands it's mixed use. But boardinghouses change the
dynamics of a neighborhood.
Thomson noted it was strange that the Council continues to contradict the Planning Commission
and felt the Council needs to look at this issue of conflict more closely. She wondered if the
opponents to these issues aren't getring to the Planning Commission meetings to voice their
objections. She lived one block from campus for ten years and is very familiar with the area. She
didn't think it was necessary to have a fourth person in the house,but appreciated the applicant's
willingness to invest in the community.
Bezdichek said Brookings is a wondetful place to live and he's pleased the applicant wants to invest
here. He felt landlords increase the value of property in that area and it's a mixed neighborhood of
rentals and owner occupied. If a person buys that property they could have three unrelated persons
residing there. He felt paxents have more control ovex childxen in a xental. P�oardinghouses are a
stressful, emotional issue. He does agree that boardinghouses do have an impact on neighborhoods
and planned to vote against the proposal. The City has to preserve some of those neighborhoods
and there is character in that area next to the campus.
Brunner said he would be voting against the proposal. He did attend the Planning Commission
meeting and they axe doing their best to follow the ordinance. He suggested that the city needs to
revisit the issue on criteria and the defuution of a conditional use. The recent housing study should
provide a solid handle on this issue. But he felt it's not good government to keep overturning the
Planning Comnussion.We need to determine what is allowable for conditional uses and better
define the criteria. He suggested meeting with the Planning Commission to make those
recommendations to them. This isn't good government for this to continue to be an issue. We
want people to want to invest in Brookings and they need clear e�ectations of the criteria. He
recommended meeting with the Planning Commission in a work session.
On the motion,all present voted no, except Bardey voted yes;motion failed.
Upcoming Legislation Strategy. The City Attorney, Steve Britzman,provided the following legal
opinion regarding the Mayor's inquiry about whethet Home Rule powers may be exercised to
authorize the hiring of a lobbyist by the City of Brookings.
"Because the use of public funds to influence legislation is a matter of statewide concern, as
evidenced by the recent enactment of SDCL 12-27-20 which restricts use of public funds to
influence certain types of elections, I would recommend against use of home rule powers in this area
until the scope of SDCL 12-27-20 is further developed in the law. However, a nonprofit industrial
development corporation ox association of municipal officials,which may receive public funds or
dues, are not prevented from retaitung a lobbyist."
There was Council consensus since this is a gray area. It's best to get a private group or individual to
pay for a lobbyist.
449
Adjourn. A motion was made by Whaley, seconded by Thomson, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 8:17 p.m.
Ci Brookings
• S tt D unsterman,Mayor
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Sh ° s,City Clerk