HomeMy WebLinkAboutCCMinutes_2006_05_23 141
Brookings City Council
May 23, 2006
Ioint Meeting with Event Center Board & County Commission. The Brookings Ciry Council
held a joint meeting with the Event Center Board and County Commission on Tuesday,May 23,
2006 at 4:00 p.m., at City Hall with the following members present: Mayor Scott Munstertnan,
Council Members Tom Bezdichek,Michael Bardey,Julie Whaley, Ginger'Thomson,Tim Reed, and
Michael Reitz. City Manager Alan Lanning,City Attorney Steve Britzman,and City Clexk Shaxi
Thornes were also present.
Tom Richter, Swiftel Center Executive Director,provided a brief history of the Swiftel Center. In
October 1997 a seven membex management board composed of City Commission and County
Commission appointtnents was esta.blished. A non-profit corporation was established under the
guidance of then city attorney A1 Glover who also became legal counsel for the Board. The original
philosophy of the board's purpose changed and the City decided to own the facility and keep the
board to manage the facility.
In 2001 the Event Center Boaxd entered into a management agreement with Compass Management
for daily management of the facility. Tlvs contract is between Compass and the Event Center Board
Inc. This relationship remains today.
Since that time it has been determined that ta�ces and interest have been accruing on the
management fees and capital purchases. The State Departtnent of Revenue audited the Event
Center Board and Swiftel Center fxom the period of November 2001 to November 2004 and
determitied there was a tax liability of$63,000. The Center has paid the state$11,000 in taxes due.
Their attorney objected on the remaining balance on the position that this was a rnunicipality entity
and not tax liable. Last month a judge ruled against the Centex and has notified the City that it still
owes the remauung taxes.
Bezdichek asked who advised the city to pay the$11,000 and where did the funds come fxom.
Richter said their attorney,A1 Glover, advised them to do so out of the city's general fund.
Alan Lanning said a tax liability e�cists and the three boards are meeting today to discuss a resolution
to the continued accrual of the tax liability. After the judge ruled against the city, the city hired the
firm of Cuder and Donohue from Sioux Falls. They have xecommended a course of action to
eliminate futute tax exposure. In order to eliminate the management contract tax, the Compass
Management Company needs to contract directly with the city of Brookings and eliminate the
relationship with the Event Center Board. Changing the contract will eliminate the city's tax liability
on the management contract. We still need to examine the capita,l putchases issue.
Bezdichek asked who was paying for the Cutler-Donohue fees. Lanning said the City's operating
budget.
Lanning said the city needs to alter the contractual relationships to remove the tax liability. There
are problems with the current structure. If Compass contracts directly with the city the management
fees are not taxable.
An audit will determine the final tax exposure. Small capital items for daily operations remain
taxable under the current management arrangement.
Bezdichek asked if the capital property was under the previous caterer (Lance Park). Only a small
amount—appro�cimately$50,000.
Lanning said the ciry needs to change the relationship by removing the Event Center Board as the
non-profit management boaxd,retaining it as advisory only. This would allow the city to enter into a
contract directly with Compass. An amendment to the agreement between the city and county
would also be needed to ensure the County retains its previous rights.
The Event Center employees would remain employed by Compass Management and would not be
city employees.
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Richter noted that the year before the audit the Sio�Falls Arena was audited and in the same
situation. Cutler and Donohue examined the issue making the same recommendations.
Emil Klavetter,Brookings County Commission,asked if the problem started when the city hired
Compass. No, the problem started when the non-profit corporation/board was established. He
asked what brought about the audit. Lanning said it was random and our turn.
Tim Harvey, Event Center Board Chair, said the board and employees conducted research to ensure
they wexe doing things correcdy. They met with a Dept. of Revenue representative in 2002 that did
a spot audit. The Board was advised they were doing everything correctly. He noted that the same
DOR representative later said he didn't realize the Center was city owned and operated.
Bezdichek suggested the city dissolve its relationship with Compass and hire the Event Center staff
and manage the faciliry. Lanning said it would cost the city much more than the$80,000 per year if
it took on the management and employment.
Dennis Falken,Brookings County Convnission Chair, asked if the ECB has to be dissolved to
enable the city to contract with Compass. Yes. Would the agreement between the city and county
be rewritten? Britzman said yes,the e�sting agreement would be amended.
Klavetter asked if the County Commission fell under the management issue. No.
Richter said the Counry's intetests with 4H Achievement Days,maintenance and the Horse Show
would continue.
Lanning said the goal of this meeting was to get all the effected parties together and advise everyone
of legal counsel's recommendations on what needs to get done.
Bezdichek said he had a problem with paying any ta�c or legal fees and felt the Board's attorney was
responsible.
Harvey said the initial board that established the governance of the Center investigated the tax
ramifications. There was never any indication that anything was wxong. The Board only recently
was notified by the state that they felt something was reported incorrectly. Now that they are aware,
the Board is focused on resolving the problem and moving forwaxd. In Harvey's time on the Board
there was neveY a definitive xesponse fxom the state that these items were taxable.
Lanning said with this change the Event Center will be brought into the city's budget process in the
status as an enterprise fund.
Falken clarified that the county portion of the facility would remain separate. Yes. He said the
County would like to see the Event Center Board continue as an advisory group. Britzman said the
ciry would work directly with Compass. It was further clairifed that the County's representation on
the Board would continue. The county rental portion of the facility is not taxable.
Britzman said he would work with the State's Attomey to modify the agreement.
Lanning noted that the auditor of the city has recommended a change in status for the past two
years.
R.ichtex said the State is also urging the Finance Manager to show the Center as a department in the
city's books. T'he Center is already treated as a department with him attending the city's weekly
management meetings. The Sioux Falls Axena is the same.
Lanning said the city would address a budget amendment at the end of the year for the tax liability
payment.
Reitz asked if the Center were under the City,would Britzman be the legal counsel. Yes.
Bartley recommended the Board remain as advisory so the city and county have representation on
an advocacy board.
Bezdichek continued to object to the city paying the fines. Dean Gulbxanson,Event Center Board
member, said the Board has discussed this issue. The attorney's erroxs and omissions clause may
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apply to this case, but it could get sorted out latex. Bezdichek argued that the city accepts
responsibility once it pays.
A motion was made by Reed, seconded by Reitz, to pursue the following actions: 1) Dissolve the
Event Center Boaxd's non-profit status and end its relationship with Compass Management, 2)
Enter into a new management contract between the City of Brookings and Compass Management,
and 3) Amend the agreement between the City and Counry to protect all previous interests. All
present voted yes;motion carried.
5:00�.m. Work Session:
2007 Budget Process. The draft budget calendar was distributed for Council review. Lanning held
a prelimuiary discussion with the management team with instructions on allowable personnel and
opexating increases. Fox the first time in three years city departments will be allowed a small
increase of up to 2%in their operational budgets. They were further instructed to find an additional
5%in revenues for line items where they have the ability to charge for revenues. Lanning noted that
bLUlding permit fees will increase 5%.
Draft Cam�aign Finance Ordinance The Council reviewed a draft local campaign finance
ordinance prepared by the City Attorney. Britzman said he modeled the ordinance after the School
Boaxd and County reporting requirements. If adopted, Ciry Council candidates woutd have the
same reporting requirements. Thexe is no guidance in state law because cities are exempted from
this requirement. The City could use the repoYting forms developed by the Secretary of State. The
timeframes mirrox state law.
ACTION: A motion was made by Reed, seconded by Thomson, to bring this ordinance for fixst
and second reading and amend the language to file an additional report 45 days past the election (not
termination report). All present voted yes;motion caxried.
Charter Revision Request On April 18,2006, Gary G.Aguiax, 712 Second Avenue,submitted a
letter to the City Clerk requesting the Ciry Council consider amending the City Charter to xequire a
run-off election whenever no mayoral candidate receives a majority of votes cast. He noted that in
two of the last three mayoYal elections in Bxookings the winning candidate received less than a
majority of votes cast.
No members of the Council voiced interest in making this change. State law mandates cities with
populations over 25,000 to hold run-off elections whenever a majority win is not achieved.
No action was taken.
Review of May 23`�6•00�m meetin�topics The City Manager responded to questions
perta.ixiiizg to the action items on the agenda.
Briefing on Tune agenda items Shari Thoxnes,Brookings City Clerk,provided a briefing on
future agenda items.
Council Invitations. Thornes xeviewed the City Council's upcoming invitations and obligations.
City Council Member introduction of topics for future discussion
o A��ointment Policies. Reitz requested a review of how long a position on a city volunteer
board can be left vacant. A motion was made by Reed, seconded by Whaley, to schedule this
item for the June 13`''work session. All present voted yes;motion caxried.
o Charter Revisions. Bartley suggested the Council develop a list of suggested Charter revisions
and then form a Charter Commission. The Council agreed that this should wait until October
2006 after the budget process is completed. No action was taken.
o Sur�lus Lic�uor Store Site. Bezdichek asked when the old liquor store building was scheduled for
surplus. The building wiil be vacated in August. A motion was made by Reed, seconded by
Whaley, to schedule this item for the June 13`h work session. All present voted yes;motion
carried.
Executive Session. A motion was made by Whaley, seconded by Thomson, to enter into
Executive Session at 5:30 p.m. for personnel reasons with the Council. All present voted yes;
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motion carried. A motion was made by Whaley, seconded by Reed, to exit Executive Session at 6:00
p.m. All present voted yes;motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Reed, seconded by Whaley, to amend the agenda by removing
the sidewalk bids since no bids wexe received and remove the front end loader bids from the consent
agenda. All present voted yes;motion caxried. A motion was made by Whaley, seconded by Reitz,to
approve the consent agenda which included:
A. Agenda as amended.
B. City Council May 9,2006 Minutes.
C. Action on Resolution No. 41-06,bids for 2006-06STI Street Maintenance Project.
Resolution No.41-06
Resolution Awatding Bids on Ptoject 2006-06STI
Street Maintenance Project
Whexeas,the City of Biookings has received the following bids for Project
2006-06STI Street Maintenance Project:
Schedule A Asphalt F.O.B.Plant Bowes Construction,Inc. �28,628.70
Schedule B Pavement Removal&Replacement Bowes Construction,Inc. �31,093.40
Schedule C Overlays Bowes Construction,Inc. $49,321.80
Now Therefore,Be It Resolved that the low bid of Bowes Construction,Inc in the total amount of
$109,043.90 for Schedules A,B,and C be accepted.
D. Action on Resolution No. 42-06,bids for 2006-01SWR Sidewalk Replacement Project
—NO ACTION—REMOVED FROM AGENDA.
E. Action on Resolution No. 43-06,declaring Fire Dept. equipment surplus.
Resolution No.43-06
Declaring Surplus Property
DV�-IEREAS,the City of Bxookings is the owner of the following described vehicles formerly used at
the Ciry of Brookings Fi�e Department:
Rescue II-1985 GMC 7000 - VIN#1GTH7D1Y1FV600404
Engine 2-1985 Chevy Truck - VIN#1GBM7D1E8FV217939
WHEREAS,in the best financial interest,it is the desire of the Ciry of Brookings to sell same as
surplus property.
NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of Brookings,South
Dakota,that this property be declared surplus property according to SDCL Chapter 6-13.
F. Action to approve a revised preliminary plat of a portion of Block 9,Moriarty Fourth
Addition.
G. Action on Resolution No. 44-06, approving stop signs at the intersection of 5th Street
and 15th Avenue.
Resolution No.44-06
Goncurring In the Placement of a Stop Signs
At the Intetsection of 5�'Sueet and 15�'Avenue
WHEREAS,Section 82-373 of the Revised Oxdinance of the City of Bzookings,provides for
appxoval by the City Council for placement of stop signs in locations other than along through stxeets.
NOW,THEREFORE,BE IT RESOLVED that the City Council concurs in the xecommendation of
the Txaffic Safery Committee and the City ivlanager and approves the placement of stop signs on 5�'
Street at its intersection with 15�'Avenue and on 15�'Avenue at its intersection with 5�Stxeet.
H. Action on bids for swimming pool water treatment chemicals. Action to award the bid
to Hawkins Chemicals of Sioux Falls and Minneapolis for $3.50/gal. Sodium Hypochloride,
$0.40/lb Hydrochloric Acid, $0.285/ga1. Calcium Chloride. No other bids were received.
I. Action on bids for a lease/purchase of mid-size articulating front-end loader.
REMOVED FROM CONSENT.
J. Action on bids for a lease/purchase of self-propelled rotary mower. Action to award
bid on lease/ urchase to Roelefson Im lement Com an of Toronto, SD for$33,344.00.
Bid Tab-Parks&Recteation
Rotary Mowet
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Lease/Purchase $rookings Equipment Co Roelofsen Implem.Co.
Ma 19,2006 BROOKINGS,SD TORONTO,SD
Schedule A
1. Base Bid-2006
Modei Vlower
*Total Of Pa ments �33,551.43 $33,344.00
1. First Pa ment 2006 $11,183.81 $11,114.67
2. Second Pa ment 2007 $11,183.81 $11,114.67
3. Tlurd Pa ment 2008 $11,183.81 �11,114.66
K. Action to purchase off the City of Miller bid for a 524J John Deere loader. 'The City of
Brookings Street Department is purchasing a 524J John Deexe loader for$121,775.00 from
RDO Equipment,Aberdeen,off the City of Miller's low bid. Their bid letting was held on
Maxch 6,2006.
L. Action on Resolution No. 45-06, amending the 2006 Budget.
Resolurion No.45-06
A Resalution Amending the 2006 Budget
WHEREAS,there is a need to adjust the budget to respond to the need for equipment within the
Street Depaxtment and additional money is needed for extra width and thickness on varipus street
projects,
AND WHEREAS,Street Sealing as planned cannot be done because of the construction on Highway
14 through Bxookings,
A1�TD WHEREAS,the Governance&Ends Policies reqnire notification per Ends Poliry 1,Financial
Stability-Guideline D,and
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be
authorized to make the following budget adjustments to the 2006 previously amended budger
Budget Amendment#3
Expense
Public Works/Streets
Maintenance Street
Sealing (85,000)
Capital/Street Loadex 60,000
Capital/Street&
Sidewalk Improvement 25,000
Total General
Government 000
NOW,THEREFORE,BE IT RESOLVED that the 200G Budget is amended as described above.
M. Action on Resolution No. 46-06, Pertaining to Changing the Names of Streets.
Resolution No.46-06
A Resolurion of the City of Btookings,South Dakota
Pertaining To Changing the Names of Sueets
WHEREAS,the City Council is authorized under Article I,Section 741 to change the names of streets within
the city;and
WHEREAS,certain streets do not fit into the current street system
NOW THEREFORE,BE IT RESOLVED by the goveming body that the following changes be made:
Old street name: Division Avenue located between 8�'Street South and Txail Ridge Road
New street name: Crystal Ridge Road
Abutting legal descriptions:
■ Plat of Oudot 14 in the SE'/.of the NW'/+of Section 35-T110N-RSOW tecorded on Januarg 24,1967
in book 8,page 14
■ Plat of Lots 50 and 51 of Siowc Village of Indian Hills Addition recorded on February 27,1991 in
book 17,page 100
■ Plat of Airport Fouxth Addition recorded on February 12,1993 in book 18,page 66
■ Lots 14 and 15 of the Plat of Lots 5-15 of Onaka Village of Indian Hills Addition recorded on
December 22,1995 in book 20,page 29
• Plat of Lot 51A and street right-of-way of Sioux Village of Indian Hills Addition recorded on July 15,
1999 in book 21,page 91
• Plat of Blocks 2 and 3,Kreyger Fitst Addition xecoxded on September 8,2004 in book 23,page 138
• Plat of Lot 2,Cree Village of Indian Hills Addition recorded on May 9,2005 in book 24,page 30
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• Lots 131 of Onaka Village and Lots 34 and 35 of Wahpeton Village of the Plat of Lots 77A,100A,
120—131 and 200 of Onaka Village and Lots 25—43 and 56A of Wahpeton Village recorded on May
1 G,2005 in book 24,page 35
■ Plat of Block lA,Kreyger First Addition recorded on Apri124,2006 in book 24,page 100
The City Clerk is directed to file a copy of this resolution with the Register of Deeds and to request that the above
referenced plats be notated with the new street names and a reference to this resolution be added describing the
proper miscellaneous xecoxd.
N. Action on Resolution No. 47-06, a Change order for Liquor Store Remodeling
Project.
Resolution No.47-06
A Resolurion Authorizing Change Ordet(CCO#1)Fot Brookings Liquor Store Remodeling
Project-Robbins Construction,Brookings,SD
BE IT RESOLVED by the City Council that the following change oxder be allowed for Liquor Store
Remodeling Project:Change Order Number 1: Robbins Construction will complete the work of
finish change to floor in beer cave,signage revisions,8'x 8'fire door and frame at loading dock,
deduction for shelving reduction in beer coolers,and deduction for finish change on one set of
eazterior doors. Adjust base bid for Brookings Liquor Store Remodeling Project for a total increase of
$1,594.47. Inciease contract time by 5 calendar days.
O. Action on Resolution No. 48-06, declaring Street Department Equipment Surplus.
RESOLUTION NO.48-06
DECLARING SURPLUS PROPERTY
WHEREAS,the Ciry of Brookings is the owner of the following described heavy equipment formerly
used at the City of Bxookings Street Department: Two(2)2003 CAT 140H serial#9TN1579 motor
grader,and serial#9TN1583 motor grader
WHEREAS,in the best financial interest,it is the desire of the City of Brookings to sell same as
surplus property;
WHEREAS,the City Manager hereby authorized to appoint three qualified appraisers to appraise the
value of the propeity;
NOW,THEREFORE,BE IT RESOLVED bp the governing body of the City of Biookings,South
Dakota,that this property be declared surplus property according to SDCL Chapter 6-13.
On the consent agenda;all present voted yes;motion carried.
Bids - Front-End Loader. A motion was made by Whaley,seconded by Reitz,to table action on
the bids until June 13`�. All present voted yes;motion carried to TABLE.
Ordinance No. 15-06—Rezonin� A public hearing and action was held on Ordinance No. 15-06,
a petition to rezone Lots 23 and 24 and the north six feet(6� of Lot 25, College Addition from a
Residence R-2 Distxict to a Business B-2 District (1605 6`� Street).
Discu.r�ion: Joan Tabor, 1602 7'�Street, e.xpre.csed concern about increa.red tra�'rc from changing the entrance.r. She
ad.ro cited noi,re and lo.rs of privacy a.r concernf
Mark Kose,McDonald°r Corporate, said they ar�not adding any additional curb cuts, only relocating an existing by
a fe�v feet. He doe.rn't believe it will add or delete any tra�c. Their objective to re�one is to get truck.r around the
building to get it o�the property. The remvdeled.rtore lvill provide trvo side-by-.ride drive through locations
(lhom.ron arrzved 6.•11 pm).
Bo.re said their intention ivas to get the prnper y purchased and pmperdy r��aned.ro they could u.re 24 feet of it to
relocate tra�c. Their other option is to kee�i tbe drivervay on Faculty Drive. Sometime in near future the City Will
limit parking on 16'h Avenue to le.r.ren the tra�c conge.rtion.
Dan Hanson said thi.r faczlity ha,r 4 acce.r.r drive.r and the city i.r in favor of eliminating any if they can. He noted that
16'�Avenue i.r a unique,rt�et in that the City never obtained the traditional right-of-�vay and ondy ha.r 40 feet.
SDSU ha.c requerted the city eliminate parking on that.rtr�et to reduce conge.rtion. The City feel.c the McDonald's
proj�o.ral is a rvin-zvin situation reducing acce.rs drive.c from 4 to 2. A.r a matter of la�v,McDonalc�r svould,ctitl be
allo�ved to have acce.r.r on all the.rtreet.r.
Mfke Hart.rhorne, local otvner/operator, said 70%of hi.r busine.crgoe.r thmugh the drive thmugh. Tra�'rcpotentially
e,�citing o�that.ctreet i.r le.r.r than 30%. The SD Dept. of Tran.rportation reque.rted they eliminate aae.c.c drives on
high�vay 14. He met svith SDDOT o�'rcial,r before the recon,rtruction pri�ject.rtar�ed to di.rcu.r.r option.r and they
recommended he in.rtall a centrali�ed entrance for safety rea.ron,r. He revieaved and agreed with theirproposal.
Haivever, the curr�nt building setting made a centrali�ed entrance im�io.rsible. So he decided to clo.re down and remodel
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during the road con,ctruction to create a modern facility avith a dual drive-through. Thi.r also eliminate.r tra�tc muting
concerns from tbe neighborhood during the con.rtruction. They purcha.red adjacent property to provide additional,rj�ace
and a bu�er.
Keed clarified that the Council is only voting on the re�oning and not the acce,c,r drive.r. Ye.c.
Cyndy O.rtlie, 1454 7`G Street, .raid traffic i.r more of a problem than people are acknou�ledging. A left hand turn o�
of 16'b onto 6iB Street i.r very d�cult and a.rolution i.r needed,particularly for the.ctudents
Pu6lic hearing closed.
A motion was made by T"homson, seconded by Whaley, to approve Ordinance No. 15-06.
Discussion: The Council clarified that they are taking action to rezone the area a.nd the street access
issue would be reviewed by the Traffic Safety Committee. All present voted yes;motion carried.
Ordinance No. 16-06. A public hearing and action was held on Ordinance No. 16-06,an
Ordinance Amending Section 2-63 of the Code of Ordinances of the City of Brookings,South
Dakota and Pertaining to Prohibited Discrimination in the City of Brookings, South Dakota.
Public Heair�rg.•
Steve Marquardt,Bmoking.r Human�ght.r Committee Member, .caid the Committee i,c bringing thu rrque,rt to the
City Council for inclurion of.rexual orientation into the group of pmtected classes. He restated his pre.rentation fmm
February 28, 2006.
Allen Brannum.caid thi.r i.c an i.r.cue that ha.r come to hi.r attention through his employment a.c Director for Diversity
Enhancement for SDSU. SDSU had an active.ctudent organi�ation called Son.c�'Daughters in the pa.rt that
acted a.r a welcoming organi�ation for new,rtudent,r, but has�ince become dormant. He,raid it i.c important for every
.rtudent to have a�velcoming environment on campu.r and in the community. He.raid he was plea.red to r�nrt that the
organi�ation i.r reforming thi.r fall a.r the Gay/StraightAlliance. He ha.r had a number of inquirie.r about lack of an
actzvegay and le.rbian pre.rence on campu.r. Such individual.r often feel lo.rt and alone living quietly hut hoping to have
an environment to,rpeak about i.r.rues important to them. An additiona!reason thi.r i.r of concern i.c that he is.rerying
on a committee on the implementation of SDSU to Divi.rion 1. They are very concerned about the Univer.rity being a
welcoming environment for ald groups that may be.rubject to discrimination and it is incumbent for the in,rtitution and
for the community to provide a welcoming environment. He read the Divi,rion I anti-di,rcrimination policy that incdude.r
sexual orientation. Brannum,caid he stmn�endor.res all comment.r and recommendations made by the Committee
and hope.r thi.r danguage can be urritten into Brooking.r policy.ro that our community ivill be one that re,rpect.r all and
2velcomes all it.r citi�en.r here.
Chri.rtine L'Amour,poke saying ahe i.r a member of the Gay/StraightAldiance, born and raued in Brooking.r,
South Dakota. She i.r.rtraight, but ha.rgay friend.r and avant.r them to have a.rafe and�ekoming envimnment. She
lvant.r them to have the.came rights and prntection.r under the laiv that.rhe has and a.rked for the Council'.r support.
Public hearing closed.
Motion was made by Thomson, seconded by Reed,to approve Ordinance No. 16-06. Discussion:
Reitz didn't agree with doing moxe than is federally required and was concerned this requirement
would restrict the city manager. He didn't think this ordinance would make it more welcoming to
be in Brookings.
Munsterman said all people have the same rights and protections. If someone was discriminated
against with this language wouldn't they already be protected? Steve Britzman said they would not if
it were on the basis of se�al orientation. He noted that any type of employment claim is a complex
matter. If someone claims discrimuiation it may fall into several protected classes. It is hard to
make a prediction in advance. However,without the language there is no municipal protection for
discrimination based on sexual orientation. To include sexual orientation as a protected category
makes it clear that we won't discriminate and it gives protection for those that could potentially
suffer. Inclusion of this language would give an appointed pexson or employee a cause of action.
Without that overt statement their Yights may be unclear. They couldn't claim pxotection under city
ordinance.
Munsterman asked if an employee were terminated,would the city be following city poliry and
proceduxe based on performance. Yes.
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Munsterman said everyone is treated and protected the same if based on performance. Britzman
said the change makes a clear statement of policy about the city's intentions that discrimuiation on
the basis of sexual orientation will not be tolerated. This provides people with assurances they will
be protected and not discrimuiated against because it's a rule or regulation of city. This is to provide
ptotection of those who may feel they are at xisk. This ordinance makes a clear statement to those
making employment related decisions as to what the rule is. It is stated clearly in black and white
that discrim.uiation based on sexual orientation is prohibited. This provides some clear
understanding of everyone involved as to that particulat protected class --gay/lesbian. They know
their rights by having that stated.
Munsterman asked if the city has any history of discrimination lawsuits based on sexual orientation.
Britzman said the city has had discriinixiation claims but none on sexual orientation.
On the motion,Bartley,Thomson,Reed and Bezdichek voted yes and Munsterman,Reitz,and
Whaley voted no;motion passed.
Ordinance No. 17-06. A public hearing and action was held on Ordinance No. 17-06,An
Ordinance Amending Section 7.02 of the Chartex of the City of Brookings, South Dakota.and
Pertaining to Prohibited Discrimination in the City of Brookings, South Dakota. Motion was made
by Reed, seconded by Thomson,to approve Ordinance No. 17-06. Bardey,'I'homson,Reed and
Bezdichek voted yes and Munsterman,Reitz,and Whaley voted no;motion passed.
Ordinance No. 11-Ob—Draina�e. A motion was made by Whaley, seconded by Thomson,to
table action on Ordinance No. 11-06, amendments to the Subdivision Ordinance pertaining to
drainage plans to June 13�'. All present voted yes;motion carxied to TABLE.
Resolution No. 49-06—Annexation. A public hearing and action was held on Resolution No. 49-
06, a petition to annex the west'/2 of the NE'/a except the north 1,350 feet thereof of Section 34-
T110N-R50W(Summit Pass and West 7th Avenue South). Motion was made by Bartley, seconded
by Whaley, to approve Resolution No. 49-06. All present voted yes;motion camed.
RESOLUTION NO.49-06
QUHEREAS,The City of Brookings is authorized pucsuant to South Dakota Codified Law 9-4-1 to annex
contiguous territory upon receipt of a umtten petition, describing said territory sought to be annexed,
signed by not less than three-fourths(3/4)of the legal voters and by the owner or owners of not less than
three-fourths(3J4}of the value of said territory,and
Wf�REAS,The City of Brookings desires to annex the following described ptoperty,to wit:
The west'/z of the NE'/.,except the noxth 1,350'thereof,of Section 34-TI l ON-RSOW,and
D�1I�REAS,The aforesaid land is contiguous to the present boundaries of the Ciry of Brookings,and
Vi1HEREAS The City 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 afoxesaid pxoperty and by not less than
thxee-fourths(3/4)of the legal voters resid'uig in said terxitory,now therefore
BE IT RESOLVED By the City of Brookings,South Dakota,that the property descxibed above is hereby
annexed to the City of Bxookings.
Ordinance No. 18-06. A motion was made by Whaley,seconded by Reitz, to approve first readi.ng
of Ordinance No. 18-06,An Ordinance Amending Article II of Chapter 22 of the Code Ordinances
of the City of Brookings and Pertauung to the 2003 International Building Code with certain
amendments thereto (drainage issues). All pxesent voted yes;motion caxried. Public hearing
scheduled for June 13�'.
House Movin�. A public hearing and action was held on a house moving request made by Dean
Gulbranson to move a one-story,ranch style house �om Brookings County to Lot 5,Block 1,
Esther Heights Addition, also known as 2228 David Cove. Motion was made by Reitz, seconded by
Reed, to approve the request. All present voted yes;motion carried.
Malt Beverage Renewals. A public hearing and action was held on malt beverage license
renewals. Motion was made by Thomson, seconded by Reitz, to approve the malt beverage license
renewals. All present voted yes;motion carried.
Barrell,725 Main Ave. So. Beer-On-Off
Carpy's Pub,700 22nd Ave. So. Beer-On-Off
Casino 2000, 622 25�'Ave. Beer-On-Off
Chevy Lounge/Nine Inc.,303 Main Ave. Beer-On-Off
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Danny's,703 Main Ave. So. Beer-On-Off
Edgebrook Golf Course, 1415 22�d Ave. So. Beer-On-Off
George's Pizza&Steakhouse,311 Main Ave. Beer-On-Off
Godfather's Pizza,610 Medary Ave. Beex-On-Off
Guadalajara,Village Square Mall#1 Beer-On-Off
King's Wok, 1819 6�St. Beex-On-Off
Main St.I'ub, (address) Beer-On-Off
Old Sanctuary,928 4th St. Beer-On-Off
Pizza Hut,418 6th St. Beer-On-Off
PnP Pub,318 2nd St.So. Beer-On-Off
PnP Pub South/D�lwyn Miller Inc., 1203 Main Ave. So. Beer-On-Off
Ray's Corner,401 Main Ave. Beer-On-Off
Safari Lounge,421 Main Ave. Beer-On-Off
Sixth Street Diner,223 6�St. Beer-On-Off
Skinner's Pub 302 Main Ave. Beex-On-Off
South Main Diner,615 Main Ave. So. Beer-On-Off
Swiftel Center,824 32nd Ave. Beer-On-Off
BP of Brookings,2420 6�St. Pkg.Beer
Casey's General Store,534 22na Ave. So. Pkg.Beer
Casey's General Store,620 8�St. So. Pkg.Beer
Casey's General Store, 122 West 6th St. Pkg.Beer
Gas N Mor,600 6�h St. Pkg.Beer
Hy-Vee Food Stoxe,700 22�d Ave. Pkg.Beer
Hy-Vee Gas,716 22nd Ave. Pkg.Beer
)im's Tap,309 Main Ave. Pkg.Beer
Kum&Go, 1005 6�St. Pkg. Beer
Kum&Go,3045 Le�evre Dr. Pkg. Beer
Newman's Kerr McGee,503 6�St. Pkg.Beer
Schoon's Pump-n-Pak,202 S.Main Ave. Pkg.Beer
Schoon's Pump-n-Pak South, 1205 Main Ave.So. Pkg.Beer
Wal-Mart Supercenter#1538,2233 6�St. Pkg.Beer
Annual Review of Old Sanctuary Alcohol Agreement. A motion was made by Bartley, seconded
by Reitz,to renew the Old Sanctuary Alcohol Agreement. A motion to amend was made by
Whaley, seconded by Bardey, to discontinue the annual review of the agreement and conduct a
review on a 5 yeax basis along with other operating agreements and the malt license to be considered
in the annual list af renewals. All present voted yes;motion carried. On the main motion as
amended, all present voted yes;motion carried.
Action on an appointment to the Utility Board a�DOintment. Motion was made by Reed,
seconded by Munsterman, to appoint Tim Harvey to the Utility Boaxd.
Di.rcusrion: Bartley.caid the i.r.rues the Councid has with thi.r appointment are similar to the hos�iital albj�ointment and
the.re are very am�iortant appointment,r for the City of Bmoking.r and for this City Council a.r�ve represent thi.r
constituency. He.ruggested the Council needs to review the City Charter and make revi�ion.r to the appointrnent
pmcess. In his o�iinion, the current proce.r.r i.r in conflict urith the Charter'.r original intent that the con.rent and advice
of other council members be con.ridered. The proces.c right now is an appoint9nent by the Mayor�arith advice and
consent of the council. The City Council takes the.re aj�pointmentt very.reriou.rly. In this ca.re, there u�e�other
applicant.r. The Mayor had j�reviou.rly,rugge.rted a di�'f'erent applicant. During the "advice portaon"of the proce.r.r there
were recommendations for a d�erent candidate from several member.r of the board. He noted that the rest of the
Council doe.rn't have the ability to make tho.re appointment.r they can only vote the Mayor's recommendations uh or
dasvn. He clarified that he doesn't zvant to vote again,rt thi.c nominee. He advi.red Charter revisions.rbauld be
con,ridered on ho�v to handle tho.re tu�o appointment,r(Cltility Board and Ho.rpital Board). Both are unique and
d�erent.
Be�dichek said he would be voting again.rt the nomination. He.raid if the City Council gives the Mayor advice and
consent and the advice isn't taken, the sy.rtem break.c dourn.
Munsterman noted that Tvhen he.rent out hi.r apj�ointment recommendation during the aduice portion he ondy heard
back frorrr two Council members. That i.r�vhy he brought the i.ccue forward for action.
Whaley.raid.che pdanned to vote again,rt the nomination and any other.r bmught fonvard at thi.r meeting. She felt the
memberr can make recommendation.r to the Mayor but it is hi.c decz.rion whether to take the advice or not. She felt
people are involved in little.rcheme.r and�ilanned to vote again.ct everyone tonight. She al.co ha.r a p�nblem not
ajipointing ap�ilicant.r that ar�already on fi1e for a position and doesn't plan to support any nomination.r unles.r they
have been on file.
150
Thom,con didn't kno�v about the nomination until she got her council packet. She agreed urith Whaley and lvas
uncomfortable voting for thi.r appointment.
Beed.raid it i.r important to note that the aj�pointmentproces.r is due to the City Charter. The Mayor has the
caj�ability and i.r under his right to make appointment.r. There i.r a proce.rt. Counci!member.r have the right to vote a
nomination rrp or do�vn. Ho:vever, that vote ha.r to be on the merit of the per.ron who the Mayor ha.r recommended.
Thom.ron.raid the nomination should be urith the advice of the C'ouncil. Mun.rterman stated he only heard back fr»m
two council memberr. He que.rtioned�vhy the council ivon't appoint this Individual i.c trrrly qualified to.cerve. He ha.r
exj�erience,reruing on a utility board and ha.r.rerUed in other deaderrhip mle.r and Mun.rterman 1va.r dumb,founded why
the Council svouldn't rvant to afipoint someone u�ith the.re crzdential.r.
On the motion,Munsterman,Reed voted yes;Baxtley,Bezdichek,Whaley,Reitz, and Thomson
voted no;motion failed.
Action to set the date for the referral election on the Community Partnershi�Agreement A
motion was made by Bardey, seconded by Reitz, to set the date for the xeferral election on the
Community Parmership Agreement for the November 7,2006 General Election. All present voted
yes;motion caxried.
De�uty Mayor a�pointment. Motion was made by Bezdichek, seconded bq Whaley, to appoint
Tim Reed as Deputy Mayor for 2006-2007. All pxesent voted yes;motion carried.
City Manager Executive Search Firm. Motion was made by Bartley, seconded by Reitz,to select
Waters-Oldani as the Executive Seaxch Firm for the City Manager Recruitment and to assist in
brokering a deal for an interim city manager. All present voted yes, except Thomson abstained,
motion carried.
Executive Session. A motion was made by Reed,seconded by Whaley, to enter into Executive
Session at 7:11 p.m. for contractual matters with the City Council,City Attorney, City Manager,City
Clerk and BMU officials (Gail Robextson, George Prest, Steve Meyer,Dave Peterson) present. All
present voted yes;motion carried. A motion was made by Reed, seconded by Bezdichek,to exit
Executive Session at 7:48 p.m. All present voted yes;motion carried.
Adjourn. A motion was made by Whaley, seconded by Reitz,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:48 p.m.
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