Loading...
HomeMy WebLinkAboutCCMinutes_2005_05_10 375 Brookings City Council May 10,2005 The Brookings City Council held an action meeting on Tuesday, May 10, 2005 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Michael Bartley, Tim Reed, Julie Whaley, Ginger Thomson, and Michael Reitz. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda. Authorization for the Mayor to sign a letter in support of the Santee Sioux Tribe's regional economic development proposal and a discussion regarding the use of the Larsen Ice Center Red Rink were added to the agenda. A motion was made by Reed, seconded by Whaley, to approve the consent agenda which included: 1. Adoption of the agenda as amended, and 2. Approval of April 26th Minutes. All present voted yes; motion carried. Mavor's Awards for Historic Preservation. The following individuals were presented with the 2005 Mayor's Awards: 715 Fourth Street, Martin& Gloria Kloster, "Architectural Restoration" & "Historically Appropriate Landscape"; 911 Fifth Street, Lany&Diana Zwieg, "Porch Restoration"; John Awald, "Friend of Preservation"; and the 1921 Building, Steve McCarthy, Mac Construction, "Overall Restoration&Adaptive Reuse." Ordinance No. 09-OS-Aquatic Center. A public hearing was held on Ordinance No. 09-05, a Conditional Use to establish a Public Recreation Facility on the East 210 feet of Lot l, Block 1,Avery's Addition and Lots 1-4, Block 1, Gentle's Addition(Hillcrest Aquatic Center at 1440 6�' St.). No comments were made. A motion was made by Reed, seconded by Whaley, to approve Ordinance No. 09-05. All present voted yes; motion carried. Ordinance No. 10-05-Boardin�house. A public hearing was held on Ordinance No. 10-05, a Conditional Use to establish a Boardinghouse for four(4)persons on Lot 9, Block 3, First Addition(211 6th Ave.). No comments were made. A motion was made by Bartley, seconded by Bezdichek,to approve Ordinance No. 10-05. All present voted yes; motion carried. Ordinance No. 11-OS-Rezoning. A public hearing was held on Ordinance No. 11-05, a petition to rezone all or portions thereof of Block 5, Randi Peterson' Addition from a Residence R-2 District to a Residence R-3 District(l lth to 12th Ave. and 7�'to 8th St.). Hearing: o Kyle Prodoehl, applicant, said the application was reasonable and consistent with land use of this block, that several people were in favor, nearby blocks are also R3 zoning, and a nearby house was recently granted R3 status. o Dean Krogman, representative of the Durland Family, supported the rezoning. o Randy Hillestad, 70611`h Ave., supported the rezoning. o Pat Fishbacl� Brookings Historic Preservation Commission Chair, stated that the BHPC, at their April 7th, expressed concern that the action taken by the Planning Commission on April S, 2005 has the potential to harm historic properties in that area and encroach upon areas which contribute to the character of the city. There are properties in this block which have retained their original materials and are significant in contributing to the historic integrity of Brookings housing stocl� In addition, the action taken by the Planning Commission contradicts the SDSU Student Housing Research report provided to the City Council on April Sth. According to that report "SDSU officials relayed to us (the "Discovery sub committee") their desire in a few areas regarding student housing and the ability to create a quality learning environment for their students. One of the points in the report states :"Would like a 3-4 block buffer zone with no apartments around the SDSU campus. When apartments are located adjacent to campus, this proximity creates a convenient social environment that can lead to inappropriate behavior. " The timing of the Planning Commission action to rezone a block immediately adjacent to the University creates confusion. We would suggest that the City Council disapprove this action at this time. o Ryan Brunner, SDSUSenate President, noted that this block isn't located near a residence hall and there is a fraternity on the block. The students are in favor of this rezoning. o Mark Kelsey noted that 12 blocks surrounding this block are R2, not R3. He clarified the number in support is 64%, not in the 70s. He didn't believe R3 zoning in a developed area of town was � 37fi appropriate. In 1960s it was thought that everything north of 6`h Street would be apartment buildings and that didn't happen. R2 zoning gives some protection to people that live there and allows owners some options to provide rental housing. Why is the rezoning being asked for? The SDSU Housing Report was not evaluated in this decision. He recommended a review of the study and didn't feel a vote right now was appropriate. o Kyle Prodoehl said the property's current duplex status would be reverted back to single family occupancy if the fraternity ever dissolved. o Dean Krogman said the area south the campus has had rentals since 1968 and suggested the highest and best use has to be a consideration for property owners. A motion was made by Bartley, seconded by Reitz, to approve Ordinance No. 11-05. Discussion: Dan Hanson clarified the difference between an R3 and R2 zone. New zoning restrictions have additional parking and landscaping requirements that limit the size of the units. On-street parking stays static no matter what happens to the zoning. Historic designatian review of the area was suggested. All present voted yes; except Whaley voted no; motion carried. Ordinance No. 12-05—Code of Ordinances. A second reading was held on Ordinance No. 12-05, amending Chapter 82 to the Code of Ordinances pertaining to speed limits (This ordinance is for a 15 mph speed limit designation on Medary Ave. from 8th St. to North Campus Drive). Hearing: Leon Pesal opposed the Ordinance citing that arrytime traffic is slowed the traffic load is increased. A motion was made by Reed, seconded by Thomson,to approve Ordinance No. 12-05. A motion was made by Whaley, seconded by Bezdichek to table, until representa.tives of the Brookings Police Dept.,University Police Dept. and Traffic Safety Committee could be present to provide further information. All present voted yes to TABLE. Public Hearing—HvVee Temuorarv Liauor License. A public hearing and action was held on a temporary liquor license for HyVee to be held at the American Legion on June 4, 2005. No comments were made. A motion was made by Whaley, seconded by Reed, to approve the license. All present voted yes; motion carried. Resolution No.38-OS—Street Assessment. A public hearing and action was taken on Resolution No. 38-05, a Resolution of Necessity for Street Assessment Project 2005-08STA. No comments were made. A motion was made by Bartley, seconded by Reed,to approve Resolution No. 38- O5. All present voted yes; motion carried. RESOLUTION NO.38-OS RESOLUTION OF NECESSITY STREET ASSESSMENT PROJECT 2005-08STA Be It Resolved by the City Council of the City of Brookings, South Dakota,as follows: The City Council of the City of Brookings hereby declares the necessity of paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows: Alley from 12th Ave.to 13th Ave.between Sth St.and 6th St. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley: One and one-half inch(1 '/Z") asphalt surface course on a one and one-half inch(1 '/z")asphalt stabilized base course on a six inch(6")crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost is$36.00 per linear foot of alley. The estimated cost per linear foot of alley for paving with one and one-half(1 '/z") bituminous mat on a one and one-half inch asphalt stabilized base course on a six inch crushed gravel base course to be paved to a width of 18 feet is$36.00 or$18.00 per side of alley. 4. A description of classes of lots to be assessed is as follows:All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 5. The method of apportionment of benefits is as follows:T'he cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the goveming body to accrue to all such lots and tracts from the construction of the improvement. The interest to be charged on the unpaid balance shall be 10%. 6. The above described improvement shall be hereinafter referred to as Street Assessment Project No.2005-08STA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. Resolution No. 39-05—Street Assessment. A public hearing and action was taken on Resolution No. 39-05, a Resolution of Necessity for Street Assessment Project 2005-09STA. Hearing: Clark Sweeny asked questions regarding the payment and long-term maintenance of the alley. 377 The Ciry Engineer responded the cost if$,1800 per side and the city provides for all future maintenance. A motion was made by Bartley, seconded by Thomson,to approve Resolution No. 39-05. All present voted yes; except Whaley abstained; motion carried. RESOLUTION NO.39-OS RESOLUTION OF NECESSITY STREET ASSESSMENT PROJECT 2005-09STA Be It Resolved by the City Council of the City of Brookings, South Dakota,as follows: The City Council of the City of Brookings hereby declares the necessity of paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows: Alley from 2nd Street S.to 3rd Street S.between 6th Avenue S.and 7th Avenue S. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley:One and one-half inch(1 '/Z")asphalt surface course on a one and one-half inch(1 %z")asphalt stabilized base course on a six inch (6")crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost is$36.00 per linear foot of alley. 4. The estimated cost per linear foot of alley for paving with one and one-half(1 '/z")bituminous mat on a one and one-half inch asphalt stabilized base course on a six inch crushed gravel base course to be paved to a width of 18 feet is$36.00 or$18.00 per side of alley. 5. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 6. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The interest to be charged on the unpaid balance shall be 10%. 7. The above described improvement shall be hereinafter referred to as Street Assessment Project No.2005-095TA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. Deputv Mavor. A motion was made by Munsterman to nominate Tim Reed. Motion died for lack of a second. A motion was made by Reitz, seconded by Thomson,to nominate Tom Bezdichek as Deputy Mayor. All present voted yes; motion carried. Santee Sioux Tribe Letter of Suuport. A motion was made by Reed, seconded by Whaley,to approve a letter of support from the Mayor to Governor Rounds for the Santee Sioux Tribe Economic development proposal. Discussion: o Munsterman read the draft letter. o Thomson asked about the Governor's involvement in the proposed promotional efforts. Munsterman said the Governor has the sole ability to increase the number of machines from the current 250 number. That increase would help create a destination resort for the area. o Bartley said he wasn't aware that the Santee Sioux Tribe asked for our support. The letter states the city fully supports our partnership with Flandreau and the Tribe regionally. He noted that Brookings doesn't currently have a regional economic development plan that has been totally approved or fully realized. He was concerned about making commitments before the model is adopted. He would be willing to endorse them as a regional destination and their request to the Governor. o Reed expressed concern regarding the lack of notice of this issue. o Whaley was in favor of the proposal. A motion was made by Reed, seconded by Thomson,to table. All present voted yes; except Whaley and Munsterman voted no. Motion carried to TABLE. Larson Ice Center Red Rink. Alan Lanning requested council interpretation of the policy to determine if the following event was consistent or inconsistent with the policy. Description: The Arabian Horse Show in June is scheduled to use the blue rink as the performance arena for their show June 21-26�'. As planned, the floor in the blue rink will have the special sandJclay mix hauled in for the show. On June 4�'the blue rink is rented by the Brookings Rabbit Club for their annual spring rabbit show. The rabbit show must be held on a � 7 $ concrete floor for ADA accessibility and convenience of the exhibitors. A scheduling issue has arisen, since the Swiftel staff would like to have the sand hauled in before June 4th, so that other work can take priority during the first two weeks of June, getting ready for the show. There are no other events scheduled in the blue rink between now and June 21 St. In order to accommodate Swiftel's request, it has been tentatively decided to move the rabbit show to the red rink. There may be a question or concern if the red rink is used for the rabbit show, due to a statement in the Larson Ice Center Policy adopted by the City Council on Apri16, 2004, which states, regarding the red rink: No live animal events (other than the 2005, 2006, 2007 Arabian Horse Show already approved prior to this agreement). It is believed that the intent of the "No Animal" statement in the policy agreement was directed toward what might be described as more traditional farm animals (horses, cattle, sheep etc.). A rabbit show is a carry-cage event; all judging is done on tables, etc. There is really no chance of damage to the floor or any other negative effects. The show has been held in the old ice arena and in the red rink the yeax it opened and the blue rink the last two years. Discussion: Whaley spoke out against any animals ever being in the red rink and to follow the policy. Bartley recommended the Park and Recreation Board reexamine the rule. No action was taken. Open Council Discussion. The city attorney is working on a draft joint powers agreement to be used for the regional economic development plan. Adiourn. A motion was made by Reitz, seconded by Whaley, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:15 p.m. y ookin s D unsterman,Mayor �,o��.�; T: ��r•• ,,�•.�,� �o:m n% e,�v °�o Q� �pA :� N�� Ui��O O�'Th4,'•o... ''�•• r/�/v[�'� D Shari Thornes, City Cler