HomeMy WebLinkAboutCCMinutes_2006_02_28 71
Brookings City Council
February 28, 2006
The Bxookings City Council held a meeting on Tuesday, February 28,2006 at 4:30 p.m.,at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Michael Bartley,Julie Whaley, Ginger Thomson (via phone from 4:30 to 5:30 p.m. and 6:00 to 6:08
p.m.),Tim Reed, and Michael Reitz. City Manager Alan Lanning, City Attorney Steve Britzman,and
City Clerk Shari Thornes were also present.
Buxton Grou� Presentation. Amy Wetzel,Vice Pxesident for Western Region for B�ton,
presented information to the City Council regaxding statistics used fox attracting retailers. Buxton is
the industry leader in customer analytics and retail site selection technology,providing strategic
target marketing reseaxch services to major retailers, cities and economic development groups
thxoughout the United States. Using over 450 years of executive retail,marketing and community
management experience,Buxton pioneered the use of demogxaphics,psychogtaphics,drive time
analysis, and lifestyle characteristics for xesearch purposes. The City of Watertown has contracted
with the Buxton group for a number of years to assist them in attracting retail opportunities to their
ciry.
Wetzel said the Community ID provides retailer matching fox specific retail concepts based on tlie.
buying habits and lifesryles of the consumexs living in yout trade area. It is the only one of its kind
that factually identifies exacdy what concepts should be in your community. T'hey work in 150
public sectors in 29 states. They identify a community's drive time trade area,household profile
(lifestyle traits, dominant segments) traffic counts,and trade area demand.
The problem with demographics data is that it's an average of various statistics (age, sex,race) from
old Census information. It doesn't paint an accurate picture in terms of buying power.
Demographic data is too general and too stale identifying people and not customers. Demographics
doesn't explain what people like to buy or define a true trade areas. Community ID is convenience
based shopping data on how we live on the basis of time.
Retailers make location decisions based on the density of customexs. In the next 2 years,only 11
new indoor malls will open. Age and mobility dynamics axe keeping customers closer to home.
Retailers typically plan new stores 2 years in advance. This data gives them the ability to make more
decisions about location strategy. Retailers also advance in locations using sophisticated computer
technologies to understand who their consumers are.
Community ID focuses on "psychographics" --its customers,not people,identified based on
lifesryles,puxchase behavior, and media habits. Theit companq buys that information. They are the
largest purchaser of consumer spending information and lifestyle data (a consumers'ptopensity to
buy based on previous purchases). In the United States all households falt into 1 of 66
psychographic segments. Their company matches those buying segments to retailexs matching to
the best fit. They profile up to 3 sites to determine drive time, establish household profiles, define
dominant segment households, analyze trade area demand and then identify up to 20 matching
retail/rest concepts and provide marketing materials for attracting the retailer. It takes 35 business
days to develop the pxoduct. The data is good for approxirnately 2 years,noting that reta.il is
constandy changing. The cost is $63,000.
Februarv 28`h Agenda. The City Manager Yesponded to questions pertauung to the action items on
the agenda.
City staff introduces upcoming topics for future agendas
A. Agenda Briefing. Shari Thornes,Brookings City Cletk,pxovided a briefing on the future
agenda items.
B. Council Invitations. Thornes reviewed the City Council's upcoming invitations and
obligations.
City Council Member introduction of topics for future discussion.
A motion was made by Bartley, seconded by Reed, to schedule action on the Bi�ton proposal at
either the Maxch 14`h or Maxch 28`�meeting. All present voted yes;motion carried.
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An executive session for the City Manager performance review will be added to the March 14`�
agenda at 4:00 p.m.
6:00 P.M. CIT'Y COUNCIL MEETING
Consent enda: Ordinance No. 01-Ob on the BMU Franchise Agreement and the Research Park
Funding Request were both removed from the agenda to the March 14`�meeting. A motion was made by
Reed,seconded by Whaley, to approve the consent agenda which included:
A. Council Agenda.
B. Council Minutes. Qanuary 17, 2006,January 24,2006,February 14,2006).
C. Action to award bids for yard waste bags. Only one bid was received from Tide Seaxch
(formally Gemlu�c Corporation) at a price of$22,450 for 50,000 bags or$.449/bag.
D. Action on an abatement request from Jim Prothman for a portion of taaces from 2005
in the amount of$39.98 for a building on leased site located on the W80' of Lot 8 and
W80' of S1/2 Lot 9, Block 8, Folsom Addition.
E. Action to hold a special city council meeting on March 7'�from 4 to 5 p.m. regarding
drainage. •
F. Action to hold a planning retreat on March 16`� from 1 to 5 p.m.
All present voted yes;motion catried.
Ordinance No. 02-06—Conditional Use. A motion was made by Reitz,seconded by Whaley,to
approve first reading of Ordinance No. 02-06,pertaining to an application for a Conditional Use for
a Community Center in the Residence R-2 District. Di.rcu.r.rion: Keed a.rked for clarification if the area u�af
K2 or K3 �oned. All present voted yes;motion caxried. Public hearing on March 14�'.
Resolution No. 20-06—An�nexation. A motion was made by Bartley, seconded by Reed, to
approve Resolution No. 20-06, a petition to annex the N 1/2,NE 1/4,excluding all of Esther
Heights Addition and the south 78 feet of the east 1159 feet thereof in Section 3-T109N-R50W. All
present voted yes;motion carried.
� RESOLUTION NO.20-06
WF-IEREAS,The City of Brookings is authorized pursuant to South Dakota Codified Law 9-41
to annex conriguous territory upon receipt of a written petition, descxibing said temtory sought to be
annexed,signed by not less than three-fourths(3/4)of the legal voters and by the owner or oumers of not
less than three-fourths(3/4)of the value of said territory,and
WHEREAS,The City of Brookings desites to annex the following described propertq,to wit
The N '/z of the NE'/.,eaccluding all of Esthex Heights Addirion and the S 78'of the E 1159'thereof in
Section 3-T109N-RSOW
WHEREAS, The aforesaid land is conriguous to the present boundaries of the City of
Brookings,and
V�REAS The Ciry of Brookings has received a Petition for Annexation of Territory signed
by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less
than three-fourths(3/4)of the legal voters residing in said territory,now therefore,
BE IT RESOLVED By the City of Brookings,South Dakota,that the property described above
is hereby annexed to the City of Brookings.
Thomson left the meeting via phone at 6:08 p.m.
Review of Brookings Regional Housing StudX, Dick Edenstrom,First Planning District,
reviewed the Regional Housing Study prepared by his office. Edenstrom xesponded to questions
fxom the public and council. Whaley pointed out inconsistencies in the information pertaining to
unemployment numbers,and other statistics and asked for clarification. He was asked if the study
included rental data from Brookings realtors and multi-property owners. A representative of Mills
Property Management said their office was never contacted and they have over 100 units. The
Council asked that First District share the information with other sutrounding communities.
Lanning noted that the study is a tool to bettex understand the current baseline of housing. The
Council requested this item be placed on a work session and A1 Heuton be asked to attend and
provide background on community development and bring in the BEDC on use of the data.
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Discussion regarding inclusion of gender orientation in anti-discrimination language in citv
nolicies. Steve Marquardt,Committee Member,reported this issue was bxought to the Committee in
2003 and the Committee has woxked on it since. He gave the following xeport. "On May 26,2005,
Mayor Munsterman met with membexs of the Brookings Human Rights Committee and stated his
agreement to the Comrnittee's request for a hearing on this issue as a"special consideration"beyond
what is required by state law.The Mayor asked that the Cotnmittee provide documentation to show
that compliance with this request would not be unusual in the context of what other municipalities,
counties,state and governmental authorities have enacted into poliry.
Earlier, the Brookings Human Rights Committee,in its meeting on October 7,2004,approved the
following motion by unanimous vote: That a request should be made to the City Manager to restore
to the agenda of the Brookings City Council the recommendarion of the Brookings Human Rights
Committee,presented at the June 1, 2004,meeting of the City Council, that"sexual orientation"be
added to the list of pxotectec�classes or characteristics protected against discrimination in City hiring
and appointment, as stated in the Conflict of Interest Ordinance No. 10-03, Section 11 (1) and
Section 7.02(a) of Article VII of the Ciry Charter. The Coinmittee reiterates its request for a full
discussion of this issue by and before the Council in public session because the merits of this
recommendation and the issues involved have not been discussed in Council session and members
of the Committee have not been given an opportunity to explain fully to the City Council their
reasons fox this recommendation.
Our primary concern is that there should be no discximuiation in City employment and service, for
any reason. The specific cause fox the expression of this concern is the absence of protection for
persons of same sex orientation, and thus their vulnerability to discrimination.
Citizens of Brookings have a progressive record of being"Somepla.ce Special"in human rights and
inclusiveness. For example,the first pxoposal to include women in the membexship of Rotary
International USA came from District 5610, of which Brookings Rotary Club was and xemains a
member. Within a decade, this inclusive proposal became national policy.
The Mayor's invitation to present this request as a"special consideration"is in keeping with this
progressive record. It opens the door for Brookings to keep pace with progressive governmental
bodies and institutions in our community, state and nation, as shown by the following facts.
• Four major emp�oyers in Brookings —J.C. Penney,Wells Fargo, 3M and SDSU—include sexual
orientation in their anti-discxitnination policies, as does the Minnehaha County government and
Citigroup in Sioux Falls.
• Our federal government,under the"Further Amendment to Executive Ordex 11478 EEO in the
Federal Government" (5/28/98)prohibits federal government employment discrimination on
the basis of sexual oxientation. See htt�://www.eeoc.gov/federal/eo11478/eo13087.htm1 and
htt�://ww�v.fedglobe.org/actions/eo11478.1itm.
• More than 80% of Americans polled in the 1990s by Newsweek,Associated Press,and
Princeton Survey Research Associates supported equal employment rights for gays and lesbians.
According to a Gallup poll in May,2004, 89 percent of Americans think gays should have equal
opportunities in the workplace. "A recent Gallup survey finds a modest xebound in public
attitndes about gays and lesbians. ... The public remains divided about the origin of
homosexuality--whether it is due to nature or nurture--but Americans continue to give
overwheltning support fox gays to receive equal job opportunities."—Modest Kebound in Public
Acceptance of Homosexuals, by David W. Moore. May 20, 2004. See
htt�://w�vw.gallu�.com/noll/content/login.as�x?ci=11755
In addition:
• At the end of 2004,the following otganizations included sexual orientation in their primary
equal employment opportuniry or non-discrimination policy:
2,867 private employers, colleges and universities, up from 2,253 in 2003.
410 companies (82%) in Fortune's 500 list,up from 360 and 72%in 2003;and
49 of the top 50 Fortune list companies (98%).
• Sixteen (16) states and the District of Columbia extend the prohibition of discrimination on the
basis of sexual orientation to both public and private employment sectors.
• An additional eleven (11) states prohibit sexual orientation discrimination in their public work
forces.
• Thus more than half(2� of the United States provide some level of protection against anti-gay
discrimination.
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• Some 285 cities,counties and government organizations provided some level of protection
against employment discrimination on the basis of sexual orientation. Of these, 173 extend
protections to employment in the private sector as well (up from 152 in 2003.
Source for the above five bulleted points: The State of t.he 6Yiorkb/ace,�orLe.rl�iun. Ga�,
Bi.rc.ttral u�id Transger�dert�riieric•an.r 200� (Washington,DC: Human Rights Campaign
Foundation, 2005).
• More than three dozen major corporations—among them are BP, Coors Brewing Co.,Eastman
I�odak, General Mills, Honeywell,John Hancock Financial Services,Prudential Insutance,
Quaker Oats, Shell Oil, and Verizon Communications—publicly support the proposed Fedexal
Employment Nan-Discrimination Act(ENDA),which would oudaw job discxitnination based
on sexual orientation in all fifty states.
Source: Tf1e State of the l�'�ot�,�blace for LesGir�re. Gav, Bise�:ual a�ad T�an,�ender<�merie•an,c
2003 (Washington,DC: Human Rights Campaign Foundarion, 2004).
• Sexual orientation non-discrimuiatory ordinances are now internationally recognized as model
policies.When City Attorney Steven J. Britzman,in a November 20, 2003,memo to the City
Manager, confirmed the lack of such a sexual orientation law in South Dakota Codified Laws,
Attorney Britzman mentioned the inclusion of sexual orientation in the model Human Rights
Ordinance suggested by the Model Ordinance Service of the International Municipal Lawyers
Association, and added his conclusion that"South Dakota law would not prohibit a policy
prohibiting discrunination based upon sexual discrimination."
The members of the BHRC wish to place into the xecoxd two additional considerations regarding
this issue.
Is equal protection for sexual orientation necessary? The case for city government providing
equal protection under the law is present in a letter dated December 31,2003,to the City Manager
from outgoing BHRC Chairman Lawtence Novotny,who cited responses of Brookings residents to
the Committee's recent discrimination survey: "Three respondents stated they were victims of a
crime because of their se�al orientation. One person stated he was discriminated at either wotk ox
school due to his orientation. Other survey respondents reported witnessing discrimuiation based
upon se�al orientation." Certainly instances of discrimination on the part of various levels of
government have occurred throughout American history. It is entixely possible that this kind of
discxi.mination could occur in Bxookings city government, especially in the absence of a policy
against it. If it would occur here, there would be no recoutse to appeal under the e�cisting city
ordinances or chaxter.
BHBC members,rtron�advi.re again.rt u�aiting for further violation.c of human right.r to trigger the enactment of
human and civil right.c protection.r. The fznaneial cost that the City�vould bear in the�.rulting legal action alone
zvould argue for the wi.cdom of pmactive, not reactive, action. Added to this u�ould be the negative publicity
resulting from the City'.r defense of it,r termination of a citiZen'.r serUice for rea.ron.r of.rexual orientation.
The issue of choice: The American Psychological Association, at its "APA Online"web site,at
http://www.a a.org/pubinfolanswers.html,states its pxofessional opinion that sexual
orientation is not a choice,as follows: `7.r Sexual Orientation a Choice�No, human being.r can not choo.re to
be eithergay or straight. Sexual orientation emerges for mo.rt people in early adode.rcence�vithout any prior.rexual
e.xperience.Although tve can choo,re zvhether to act on our feeling.r,p.rychologi.rt.r do not con.rider.rexual orientation to be
a con.rciou.r choice that can be voluntarily changed."
The BHRC wishes to emphasize that,even if sexual orientation were a choice,certainly we would all
agtee that religion is also a matter of choice, and yet religious choice is a protected characteristic in
the Brookings City Charter "Section 7.02 -Prohibitions" and Ordinance No. 10-03 "Section 11.
Additional Prohibited Activities." Both of these Sections read as follows:
No person shall be aj�pointed to or removed from, or in any u�ay favored or di,ceriminated against rvlth r�.rpect to any
city position or a�pointive city admini.rtrative o�ice because of race,gender, age, handicaj�,religion, country of orzgin,
orpolitical a�zliation. Therefore,in terms of this language, the issue of choice is irrelevant.
The BROOKINGS HUMAN RIGHTS TRADITION and PROSPECT.
It may be true that"most" cities, counties and other governmental bodies still lack such anti-
discriminations laws or ordinances—including the laws of the State of South Dakota—but most
cities of South Dakota also lack a Human Rights Cor�unittee. By exercising the leadership to
establish a Human Rights Committee,Brookings has strengthened its claim to be "Someplace
Special."
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For a unit of government to reserve the right to dismiss employees and volunteers for cause of
sexual orientation means that in this matter the government's right would ovexrule the individual's
right to fair and equitable opportunities for service and employment.
The members of the Bxookings Human Rights Committee uxge the members of the Ciry Council to
consider whether a government right to discriminate against its own citizens'individual's human
rights is in accord with South Dakota values.
Brookings will continue to be"Someplace Special" as long as we continue to make progress and act
effectively to advance human rights in Bxookings.
The State of the Workplace is an annual report,published by the Human Rights Campaign
Foundation's Workplace Project. This report is a national source of information on laws and policies
surrounding sexual orientation and gendex identity in the workplace. The HRC Workplace
Project advises employees and employexs on the value of workplace diversiry. It collects, analyzes
and disseminates information to assist employees and employers in implementing policies and
procedures aimed at tteating gay,lesbian,bisexual and transgendex workexs equally."
Di.rcu.rsion:
Munstertnan asked if a policy change was necessary. Have thexe been problems? Do we have any
examples of discximuiation? Marquardt said the Committee conducted a survey in 2003 and found
three respondents indicating they had been discriminated against due to sexual orientation. Others
reported witnessing such discr'itnination. The Comnvttee advises against waiting foY additional
discrimination cases to appear before taking action.
Marquardt expressed concern that a unit of government,by not making this policy statement,would
reserve the right to dismiss employees and volunteers on the basis of se�cual orientation overruling
an individual to fair and equitable rights of employment.
Munstertnan asked if any ciry employees had been terminated on this basis. Is this something that
could happen in your mind? Lanning said employees are terxninated on the basis of performance.
Munsterman asked if someone did claim they were terminated for this xeason woutd there be
recourse. Britzman said under employment there are many remedies.
Bartley asked about offering of health benefits to domestic partners in ciry policies. What is the
city's policy of our health insuxance carriers? Lanning said it has not been addxessed and they've
never had a request. Baxdey asked if this issue of health benefits had been studied. No. Health
benefits are based on legal status that requires recognition.
Bardey asked if this change in policy would open up the City to additional confronta.tion on health
benefits. Britzman said no. This is a narrow focus on the language and doesn't address that issue.
Reitz asked if this policy change was adopted would it pertain to the hospital,utilities,employment
and other boards.
Munsterman asked if sexual orientation was a protected civil right tried in court of law and asked fox
case studies. Britzman noted that in 1998 the Federal government prohibited any discrimination
based on sexual orientation.
Reitz asked if the city has a law and the state or federal doesn't is the city subject to a lawsuit.
Britzman said the nature of this provision is one which has to have some basis or legal authority to
pass policy. What is the nature? It is anti-discrimination in intent. The City has the authority to
uphold law and prohibit discrimination. All othex ones are federally protected. The City can do
something that prohibits discrimination without any concern about the state not granting authority
to the city. The city clearly has the authority to establish a policy. The City can adopt policies that
are for the general welfare of citizens and are not specifically sanctioned by specific state statute if
Council determines it is in the best interest of the community and welfare of the people. The City
has ample authority to proceed to adopt these poliry changes.
No action was taken.
Presentation of Swiftel Center 2005 Year-End Re�orts Tom Richter,Swiftel Executive
Director,pxesented the Center's 2005 Yeax-End repoxt with the following summary of highlights:
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new food and beverage contract with Swanson out of Omaha,NE;completed kitchen at facility
with two fulltime staff on site; served 2000 people;hosted the first of three years of the Arabian
horse show;completed the RV park that will support events with 32 hook-ups including electric,
telephone,water,internet;completed air conditioning project; exceeded revenue budget projections;
estimated community economic unpact of$9.3M;event breakdown (194 events/267 event days);
and total attendance 101,420.
Discussion regarding revisions to Sunday Sales Ordinances.
Karl Steege provided handouts illustYating the 34 laxgest cities in the state ranked by population.
He personally called all the cities and found Brookings to be the only one not allowing on-sale malt
beverage sales on Sunday. He speculated that the smaller communities not on the list probably had
less government with less restrictions, so Brookings may be the only city in the sta.te that doesn't
allow sales 7 days pex week.
He requested the Council take action to revise the ordinance at a future meeting. He noted that all
businesses could use increases in economic development to compete. One more day per week
would amount to 14 percent. This change would allow businesses to operate 52 more days per year.
Thexe could be a domino effect with other subsidiary businesses opening on Sunday. T'he Ciry
needs to encourage seven day per week retail. He estimated the increase to the override to
potentially generate an additional$2$,000 for the city. These businesses pay the highest t�ation in
the city due to the override and additional penny sales tax. The market is thexe. There are several
multiple day events businesses can't currendy attract because of the current ordinance. He noted
that is why the Swi£tel Centex is open all the time. It is all about event days and more opportunities
to generate revenue.
Munsterman asked for clarification on the current restriction. Britzman said right now in order to
sell beer or liquox on Sunday they must be classified as a restaurant,otherwise it is not permitted. Is
there special consideration for events on Sunday to allow for this? No.
Bezdichek asked for clarification on the definition of a restaurant and the percentage of sales of
food to beverages requirements. Britzman said the definition follows state statutes in that a facility
has the ability to serve prepared meals and seating for 50 patrons.
Bezdichek said since the Sunday sales ordinance passed,what would happen if facility's food sales
dropped to 25%and beverages to 75%. Would they no longer be allowed to be open and how is
that monitored? Britzman said the city is not measuring food verses alcohol. Bezdichek noted that
the ordinance stipulates 50%. Could the city shut down an establishtnent for dropping down to
49%on Sundays?
Bardey noted that there is an exemption in the current ordinance for the Multiplex (Swiftel Center).
Yes. Bartley asked why the city did that. The City can't be unfair with other establishments in town
and understands the rationale for this request. He was puzzled that Brookings doesn't comply with
other 15`class cities in the state.
Munsterman said the ordinance was created to allow for special events on weekends and the City
wanted to reserve that right. Bardey asked if that special consideration is allowed to others. No,just
the City's Swiftel Center.
Britzman noted that the 50% sales requirement is a�elevant criterion for all facilities.
Reed commented that the Swiftel Center is at an advantage to compete fox weddings and is city
subsidized. Would a change in this ordinance require increased city staffing levels if beer places
were open on Sunday? Tim Tompkins,Police Chief, said the police departtnent has minimal
staffmg for Sundays and having beer sales wouldn't change that. There would be increases in
business but two day weekend softball tournaments also increases business. He doesn't see
significant changes.
Bezdichek said the City needs to change with the times. The City needs to have sales revenue and
promote things to genexate our downtown locations. There are a numbex of shops and restaurants
downtown that are not currently open on Sundays. If there is a Nascar race on,some adults don't
want to go into a restaurant on Sundays and drink beer in front of children. Right now we have
minors in establishments with both drinks and food being served. People that want to watch a
sporting event and drink beer need a place to go. He suggested the food establishments could cater
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to those individuals, thexeby providing more business to others and hopefully geneYating more
stores being open on Sunday.
A morion was made by Reed, seconded by Whaley, to instruct the City Attorney to prepaxe an
ordinance that allows fox on-sale malt beverage sales on Sunday without the requirement of food.
All present voted yes;motion carried.
Presentation of Front Street Traffic Study pertaining to the proposed Depot Park project
The City was instructed to conduct a traffic analysis of the area to identify potential issues. HDR
Engineering, Inc. from Sioux Falls was hired to perform a traffic study. The traffic study examined
thxee intersections: 3`d Street/3`d Avenue, 3`d Street/Main Avenue and Front Street/Main Avenue.
City staff performed actual traffic counts at these three intersections this fall to determine the peak
times. Traffic counts were cornpleted fxom 6:30 to 9:30 am, 11:30 am to 1:30 pm and 3:30 to 6:30
pm and the data is included in the report.
Jackie Lanning,City Engineer, said there are many issues that would need to be resolved to
complete the vacation of Fxont Street and build the park. "The following list,in random order,
shows many of the identified issues, although there may be othex issues not yet identified:
• Vacation Process: The procedure to vacate a street must follow SDCL 9-45-7,8 and 9. A
petition must be signed by 100% of the owners of property adjouung the portion of the street
to be vacated. This petition must be submitted to the Planning Commission for a public hearing
and their xecommendation and subsequendy to the City Council foY a public hearing and final
action.
• Infrastructute: Removal of Front Street
� Infrastructure: Removal of Paxk&Recreation Pasking Lot
• In£rastructure: Resolving utility issues on Front Street (Utilities involved: Electric,Telephone,
Possible: NWPS,Mediacom, others)
� Signal Upgrade at 3`d Street/3`d Avenue
• Street Upgrades (Stripin� on 3`d Stteet/3`a Avenue
• Parking Stall Removal on Main Avenue, 3`d Stteet and 3�Avenue
• Turning Radii Reconstruction
• ADA Issues with new turning radri
• State Historic Preservation Office review of project impacting the historic district.
� Fire Department and Police Department use of Front Street
Di.rcussion:
A1 Gregg asked why trains weren't figured into the study. Without Front Street traffic would back
up on Main Avenue. Could there be problems clearing the tracks in time with the light timing?
Lanning said the Ciry would have to wait to see if Front Street is there or not. Pre-emption of signal
must be looked at.
Bezdichek said Front Street is easier foY trucks to turn due to the angles.
Texry Knutzen objected to blocking the street for a private drive benefiting a few people and
impacting hundreds that would have to change their route.
Alan Lanning said the study indicates from a traffic standpoint if the street wexe closed there would
be an impact,but not significant enough to create a traffic pattexn hazard. However,there are a
number of othex considerations to address as cited above. He asked the Council if they wanted the
staff to continue with a full analysis and entire picture of the issue.
Reitz asked how much the study would cost. Lanning said$4500,but the city does traffic studies
regularly and it is not unusua.l to engage in this activity.
Reitz asked if there were any issues that made the issue an absolute deal killer. Lanning said 100%
of the properry owners must agree to vacate. The impact on ADA compliance is also significant
which would involve rebuilding four corners at Main.
A motion was made by Munsterman,seconded by Reed, to clixect the City Manager to bring back
three points to the council: 1) legality of vacating Front Street, 2) recommendations from police and
fire departments,and 3) the predicted costs if it was partially vacated and changed traffic patterns.
All pxesent voted yes,motion caYried.
�a
Consideration of implementing a local Campaign Finance Otdinance
On February 14''' the Council took action to further discuss adopting a local campaign finance
ordinance. The Council was pxovided with Campaign Finance informauonal materials from the
Secretary of State's Office. Campaign Finance laws are stipulated in SDCL 12-25. Cities have the
abiliry to adopt SDCL 12-25 in part or in whole,but the City would need to stipulate contribution
limits and reporting periods. These are not spelled out in state law for local city councils. Chris
Nelson, Secxetary of State,recommends cities adopt an ordinance that mirrors the state's and not
make the local oxdinance more xestrictive. Sioux Falls adopted an ordinance that is stricter than
state law and it has caused them some difficulties. They are considering revising their ordinance
after the April elections. The State Municipal League was contacted and they do not keep records of
what cities have adopted local ordinances. The Secretary of State's office believes it is only Rapid
City and Sioux Falls.
The majoriry of Council members were not interested in pursuing a local ordinance if other cities
didn't have one.
No action was taken.
�exual Orientation Issue. Bardey expressed concern that no action was taken on the issue raised
early in the meeting regarding anti-discrunination language pertaining to sexual orientati.on. He said
the City asked the Human Rights Cornmittee to review this issue and provide advice. He felt the
group deserved more consideration and that it is only fair that the Council take action and vote the
issue up or down. A motion was made by Bartley,seconded by Munsterman,to clixect the City
Attorney to prepaxe ordinance revisions that would prohibit discrimination based on sexual
orientation fot the Council to take action up or down. All present voted yes;motion carried.
Ad�ourn. A motion was made by Whaley, seconded by Reitz,to adjourn. All present voted yes;motion
carried. Meeting adjourned at 8:38 p.m.
City of Brookings
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1� . unsterman,Mayor
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