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HomeMy WebLinkAboutCCMinutes_2005_08_09 � 435 Brookings City Council Tuesday, August 9, 2005 Bud�et Session. The Brookings City Council held a Budget Session on the 2006 Budget on Tuesday,August 9, 2005 at 3:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Michael Bartley, Tim Reed, Julie Whaley, Ginger Thomson, and Michael Reitz. Tom Bezdichek was absent. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Alan Lanning provided a list of the city subsidy requests for 2006 totaling $145,300. Representatives from the Boys and Girls Club were present to respond to questions. Lanning commented that the Club wanted three years of city funding. Dennis Micko said the three years represented the time they would be in their current facility. It was understood it would be an annual appropriation. Lanning is concerned that it's not a city department and they can't operate without a$40,000 city subsidy. Now,the group is requesting an additional $1.5 million for a capital project that isn't in the city's financial plan. If the City Council chooses to fund that � project,they will need to give direction what in the city budget not to fund. The condition of the general fund budget will be a trading situation now and in the future where there is no real revenue growth. Any growth from sales tax is being depleted by personnel and insurance costs. Bartley asked what wasn't funded in 2005. Lanning will provide a complete list of those requests. Thomson asked if the$25,000 for powntown Brookings Inc. was for salary or operating expenses. Doris Roden, DBI Program Manager, said that amount is stated in Resolution No. 83- 04. Those funds are part of the economic development model. Reed asked if the revenue growth was net or gross. Lanning responded that it was net for the general fund. Munsterman said the utility transfers declined in 2005 and will continue to decline. Lanning said the city's overall revenue growth is very sma11. Micko said the Club is requesting$40,000 for operating expenses. The Club sees the city as a partner in the future serving to promote safety in the community keeping kids off the streets and out of trouble,potentially reducing court system costs. MOTION: A motion was made by Munsterman,seconded by Reed,to direct the City Manager to fund the Boys and Girls Club at the$40,000 level with the understanding that he will come back to the Council with a budget reflecting these changes. Discussion: Bartley asked if the funding would continue annually or could it fall under the Park and Recreation Department. Lanning said he considers it as a subsidy as it is a private organization and not part of city government. Lanning reviewed the second penny funding prioriry rating. He noted that there are a number of pendang second penny funding projects under consideration. If the Council chooses to fund this at$1.SM or any portion of that, then some projects will need to be removed from the immediate dist. On the motion, a11 present voted yes; motion carried. Whaley asked about the funding budgeted for the Bob Sheldon Complex. Lanning said there are a number of repairs that are needed. She asked if private funding was considered. Whaley also raised questions about the high school pool. City swimming programs are currently offered at the poo1. The pool addition will create a new access and compliance with the ADA. Whaley asked about usage numbers and how many use the SDSU pool. Reitz noted that $500,000 is budgeted for the SDSU Wellness Center. Will that facility have a pool? There were questions about funding two pools. - . Bartley questioned expenditures for some neighborhood parks(Moriarty, Sarah Renee). He recommended waiting a year until there was enough development around them to warrant - construction. Lanning said there are private funds for Moriarty Park. Reed noted that the biggest increases in general expenses are in the Park and Recreation Departments. He recommended the Council review an overall plan with the parks. � �, � � � Reed also would like to see a 20 year CIP for the Fire Department. Lanning said the Fire Dept. is currently on a 20 year equipment plan. Bartley said the 2020 Comprehensive Plan identifies areas of growth and fire coverage needs. Lanning will check with the Fire Chief. Reed noted the unexpected expenditure for the Fire Dept. floor. He questioned if some capital funds should be set aside for these types of emergencies. Lanning said there is a$50,000 fund to cover those issues. Thomson questioned the status of the city ta�ci subsidy. Lanning worked with BATA regarding a regional transportation system to provide fixed routes; however,there are some problems yet to be worked out. He hopes to seek grants for a system, but must continue to subsidize the current provider. Thomson questioned if the Taxi service and BATA were a duplication of services. Lanning said he has examined both services and they do not duplicate each other. Lanning is considering implementing a mil-levy to provide county-wide service with fixed in town and out- of-town routes. There was consensus of the Council to direct the City Manager to develop a plan to fund the Boys and Girls Club at$100,000 per year for five years commencing in 2006. An update on the downtown streetscape project is scheduled for August 23`d. The project costs range from $357,000 (grant amount)to $1.2 million. Action Meetins. The Brookings City Council held an action meeting on Tuesday,August 9, 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 A�enda. First reading of Ordinance No. 28-05,An Ordinance Amending Section 78- 34 Of The Code Of Ordinances Of The City Of Brookings, South Dakota And Pertaining To The � Municipal Sales And Service And Use Tax Of The City Of Brookings, South Dakota,was added to the agenda. A correction to the July 5, 2005 minutes was noted. A motion was made by Whaley, seconded by Reitz, to approve the consent agenda which included: A. Adoption of the agenda as amended. B. Action to approve the July 5,July 12,July 19, and July 26 City Council Minutes. C. Action to appoint David Peterson to the Utility Board(5/Ol/07). D. Action on Resolution No. 66-05, a Resolution Authorizing the Mayor to sign an Agreement for Federal Aviation Administration Grant AIP Project No.3-46-0005- 17-2005/2006. RESOLUTION NO.66-OS RESOLUTION AUTHORIZING MAYOR TO SIGN AN AGREEMENT FOR FEDERAL AVIATION ADMINISTRATION GRANT AIP PROJECT NO.3-46-0005-17-2005/2006 WHEREAS,the Brookings City Council desires funding for the services,equipment and construction for Airport Improvement Project No.3-46-0005-17-2005/2006;and WHEREAS,The City of Brookings is obligated to and hereby agrees to be reimbursed by the Federal Aviation Administration for 95% and SD State Aeronautics Department for 2%of the allowable costs incurred in accomplishing Airport Improvement Project No. 3- 46-0005-17-2005/2006;and WHEREAS, that Federal Aviation Administration is hereby requested to authorize Airport Improvement Project No. 3-46-0005-17-2005/2006 in accordance with the approved grant agreement. NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents related to an agreement for the Federal Aviation Administration Grant AIP Project No.3-46-0005-17-2005/2006. All present voted•yes; motion.carried. 437 Resolution No. 64-05. A public hearing was held on Resolution No. 64-05, a Resolution determining the necessity of repairing or installing sidewalks in the City of Brookings at the expense of abutting property owners. All present were given the opportunity to be heard. A motion was made by Bartley, seconded by Whaley, to approve Resolution No. 64-05. All present voted yes; motion carried. PROPOSED RESOLUTION NO.64-05 RESOLUTION DETERIVIINING THE NECESSITY OF REPAIRING OR INSTALLING SIDEWALKS IN THE CITY OF BROOHINGS AT THE EXPENSE OF ABUTTING PROPERTY OWNERS 2005-OiSWR SIDEWALK REPAIR PROJECT BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2005-01 SWR Sidewalk Repair Project. 2. Such sidewalks shall be to the width and of the materials prescribed by Section 605 "Sidewalks"and Section 701.3-16 of Ordinance No. 532 entitled"An Ordinance Providing Rules, Regulations and Standards to Guide Land Sub-division in the City of Brookings and Within Three Miles of the City Limits Thereof'and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. TABLED ITEM: Ordinance No.21-05. A motion was made by Bartley, seconded by Reitz, to remove the item from the table(Ordinance No. 21-05, an Ordinance pertaining to an application for a Conditional Use for a Motor Vehicle Repair Shop in the Residence R-2 District). All present voted yes; motion carried. Discussion: Dan Hansan, City Planning and Zoning Officer,reported that a standard rental inspection by the city code enforcement officer found both units of 901 5�"Avenue were occupied by renters. The owner was notified that the act of physically moving off the property was a violation of the home occupation permit. In October 2004 the City Planning Commission received a petition from the property owner asking for reinstatement for the home occupation. Hanson said a"Conditional Use"or"Special Exception"means to confer a favor for something that is not normally allowed in a particular zoning district. In order to receive this exception, a property owner must abide by certain conditions. In October the owner was asked if he resided at the property and he responded that he did not. For that reason,the Planning Comtnission denied the request. Further discussions ensued since October. The owner was granted a deferment until May of 2005 to reapply for a conditional use. During that time he would need to comply with the home occupation conditions. Since August 2004 the applicant was been fully aware of the criteria for a home occupation. In June 2005,the property owner reapplied for a conditional from the Planning Commission. The Planning Commission cited several findings of fact in their reasons for denial. Under a conditional use permit request an applicant supplies site plan and detailed map of the property. However, the only thing this property owner has done is to complete a one page applicant form. City staff has provided all data. There has been no effort by the applicant to help his cause for any presentations. Since the property owner moved off the property,the registration use permit was declared null and void. It is also difficult to assess the current property status. There are 8 to10 vehicles on site in inoperable condition. However, staff is unable to determine if this is part of the business. Brad Winker,property owner, claimed this action started as a personal vendetta against him. The entire block has not been parceled off; it is all one legal description. He moved a second house on same property and lived in the house next door. Since that time,he has parceled off Lot 5,but has always lived there over the last 27 years. He owns several vehicles, some antiques 438 and others not. He has a farm and things associated with a farm. He plans to build an addition to the house, but is waiting to find out if the shop can remain. He felt there was no reason for the shop not to remain. If the Council denies his request,he is going to court. Bezdichek asked Winker if he had done anything in the last 30 days to improve the appearance of the property. Winker said he had been working inside. There was a discussion regarding the installation of a fence. Winker claimed that city staff told him a fence could not be installed. Bartley said there was no continuance of the home occupation from father to son. The applicant did not apply for a home occupation permit when the father left the business as required by the ordinance. The city not enforcing the codes is not relevant; it has allowed the applicant more than sufficient time to comply. The applicant continued to operate without a valid permit and made no attempt to satisfy the requirements of the home occupation ordinance when he finally did request a permit. The applicant did not live in the home when he applied for the permit as required by the ordinance. The ordinance requires that the home occupation use of the property not be identifiable or cause a nuisance to the neighborhood,which includes in this case used cars, tractors, and misc. salvage that is stored on this and adjoining properties the applicant controls. Additionally, a sign is in violation of the ordinance because of its size. Storing used equipment or parts outside that is related to automotive repair is not allowed in a home occupation permit. The location, in close proximity to Sexauer Park, and the residential areas surrounding the property indicate that it is not suitable for an automotive repair shop. MOTION: A motion was made by Bartley, seconded by Whaley, to approve Ordinance No. 21-05, an Ordinance pertaining to an application for a Conditional Use for a Motor Vehicle Repair Shop in the Residence R-2 District. Reitz suggested that city officials meet with Winker to get some of these issues done. He hates to shut him down. Hanson clarified that any residential property can erect a six foot fence on side or rear yard. Whaley recommended the City issue the conditional use,but give the owner 60 days to comply with the conditions. Thomson noted that the owner has had a couple of opportunities to clean up the property. She asked him why he hadn't done that. Winker said everything on site are things he has purchased. All of it is agriculture land and it will continue to have ag related materials stored there (i.e. hay bales). Munsterman asked if the installation of a fence would change the findings of fact in this case. Britzman said the Council can do any remedy that is consistent with zoning ordinance. Britzman noted that the city is trying to address the condition of the property overall with a public nuisance complaint the city is currently pursuing. Reitz asked if the city could make a list of what conditions needs to be met. Hanson noted there are 14 items that the owner must comply with in order to qualify as a home occupation. Regardless of conditional use,the maintenance complaint will be carried on and it has nothing to do with home occupation request. Hanson said a major issue is access to the property. The owner won't give any proof that he resides on property. The city needs to investigate and confirm that he lives there a.nd he won't allow access. Gary Aguiar asked what the policy decision was suggesting this was an administrative issue. He recommended employing a mediator in the issue. David Kneip agreed that the city should negotiate with Winker and not put him out of business. Britzman offered to mediate the situation. � 43 � Lanning said this is a good lesson in giving direction to staff. The Council put him in an impossible situation about talking to Winker to find a solution. What criteria was the Council asking the city staff to forgive? The Council asked him to negotiate and he can't because the City Code is specific. City staff doesn't have the power to forgive any of the 14 criteria. MOTION: A motion to amend by Bartley, seconded by Bezdichek,to table until September 13,2005 to allow.time for staff to help draft conditions to this request. Discussion: The City Attorney will meet with Winker to review the rules that apply to determine any misunderstandings of the rules. He will also discuss the current condition of properry, summarize and return to the Council. All present voted yes;motion carried to table to 9/13/O5. Ordinance No.26-OS—Utilitv Board Ex Officio Member. A motion was made by Bartley, seconded by Reitz,to approve first reading of Ordinance No. 26-05, an Ordinance Amending Section 86-43 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Position of Ex Officio Member of the Utility Board of the City of Brookings, South Dakota. All present voted yes; motion carried. Second reading on 8/23/O5. Ordinance No. 27-05—Hosnital Board of Trustees Ex Officio Member. A motion was made by Thomson, seconded by Reitz,to approve first reading of Ordinance No. 27-05, an ordinance Amending Section 42-94 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Position of Ex Officio Member of the Hospital Boazd of Trustees of the City of Brookings, South Dakota. All present voted yes; motion carried. Second reading on 8/23/O5. Ordinance No. 28-OS-Sales & Use Tax. A motion was made by Whaley, seconded by Reed,to approve first reading of Ordinance No. 28-05, An Ordinance Amending Section 78-34 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Municipal Sales and Service and Use Tax of the City of Brookings, South Dakota. All present voted yes; motion carried. Second reading on 8/23/O5. Resolution No. 65-OS—Brookin�s Event Center.Inc. Board of Directors Liaison. A motion was made by Bartley, seconded by Thomson,to approve Resolution No. 65-05, a Resolution Appointing a Liaison to the Brookings Event Center, Inc. Boaxd of Directors. Discussion: A question was asked about the status of the board and the Swiftel Center's incorporation in the city budget. Lanning said the first step will be to include the Swiftel Center in the city budget and the next step will be their internal budget incorporated into the city's budget as an enterprise fund. An evaluation of the relationship between the Board and executive director to determine what function they are currently serving. Some of that role is currently done by the city manager. The Board's role appears to be advocacy and smaller than it used to be. A separate management contract with Compass with the executive director as a city employee may be explored. Bartley said this action will guarantee that the city manager is the ex-officio member of boaxd right now. If board goes away,the resolution goes away. Reed said he will be absent on�August 23`d when the hospital and utility ordinances are voted on. He doesn't mind the Event Center Board,but feels the hospital and utility board actions would be closing down government. It will remove the people voted by people from the board, limiting access to people about that information. He would like to see 2 ex-officios and the city manager. Bartley said nothing would prevent a Council member from attending a meeting of Event Center Board,but appointment would not be required by resolution. This resolution would assure that the City Manager attends this Board(and Utility and Hospital)to provide continuity with budget items. He wants the city manager's representation and not two members from Council. If ex- officio appointments were so important, why are only three members currently appointed to any board? Reed said it would be good for new council members to see what benefits beyond that board. Appointments should be rotated. He recommended delaying action. 440 Lanning said there is a difference between being mandated to attend or the ability to just show up at meetings. If the Council mandates him to attend, he will attend, take notes and report back to Council. MOTION: A motion to table was made by Munsterman, seconded by Reed. Munsterman and Reed voted yes; Bartley,Bezdichek,Reitz, Thomson and Whaley voted no; motion failed. Munsterman said the city manager shouldn't be prohibited from attending sessions. He should attend if he feels he should be there without any ordinance changes. He believes the council attendance at these meetings has improved relations with the boards. � � Bartley said the city manager is an official member, council members could attend any board they chose to rather than by appointment. It is more appropriate for the manager to attend . meetings that need more information. That follows the Charter's intent. Munsterman asked where that point was discussed in the Charter. Britzman said that may be subject to interpretation of the Charter's philosophy. This is a fine point that has not been looked at from the perspective of the Charter philosophy in that he has not merged the Charter and the three separate ordinances pertaining to ex-officios prior to this at any time. Munsterman asked if city council members serving as ex-officio members was not in conflict with the Charter. Britzman said there is no specific rule about Council members attending a meeting as being prohibited or favored under the Charter. The philosophy is a matter of opinion. On the original motion, all present vote yes; except Munsterman and Reed,motion carried. RESOLUTION NO.65-05 A RESOLUTION APPOINTING A LIAISON TO THE BROOKINGS EVENT CENTER,INC.BOARD OF DIRECTORS. BE IT RESOLVED by the City Council of the City of Brookings,South Dakota(the"City"),as follows: WHEREAS,pursuant to an Ageement dated April 10,2000,and entitled"Brookings Area Multiplex,Inc.AgreemenY',the Brookings Area Multiplex,Inc.,now known as the"Brookings Event Center,Inc.",is managed by a Board of Directors,and WHEREAS,Section Five(5)of the"Brookings Area Multiplex,Inc.,Agreement"described above,provides in part: "In addition,the City Council of the City of Brookings and the Brookings County Co�:unission shall each appoint a representative as a non-voting liaison to such Board of Directors." � NOW THEREFORE,in accordance with Section Five(5)of the Agreement described herein,the City Manager or the designee of the City Manager is hereby appointed as a non-voting liaison to the Brookings Event Center,Inc.Board of Directors. Policy Discussion. The City Council discussed changing the city council meeting dates and format. City staff submitted the following city council meeting format ideas for discussion purposes: Meeting Types: 1. Annual Retreat—Goal Setting for the Year 2. Quarterly Work Session—Staff introduction of new large topics 3. Council Meetings (second and fourth Tuesdays)—Include Action and Discussion Items The Council reviewed a sample agenda that included a work session prior to a meeting. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. Work sessions would be open to the public. The Council Meetings would be structured with the following priority order: 1 St Consent Agenda(Housekeeping issues) 2"a presentations/Awards 3`d Public Hearings � 441 4�' Action Items 5�' Discussion items introduced by City Staff or City Council members The Council agreed to try the new format commencing in October. Adiourn. A motion was made by Whaley, seconded by Reed,to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:37 p.m. City o ��T� �� unsterman,Mayor o��A �� �`:' ✓/ G o�. ��ar�:�'' rnes,City Clerk SOUTH OP��