HomeMy WebLinkAboutCCMinutes_2006_06_27 161
Brookings City Council
June 27, 200G
The Brookings Ciry Council held a meeting on Tuesday,June 27,2006 at 4:00 p.m. at City Hall with
the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,Julie
Whaley, Ginger Thomson,Michael Bartley,Tim Reed,and Michael Reitz (arrived at 4:28 p.m. and
left at 6:28 p.m.). Interim City Manager Dennis Falken, City Attorney Steve Britzman,and City
Clerk Shari Thornes were also present.
Brookings Munici�al Utilities.
Steve Meyer, Brookings Municipal Utitities, and members of his staff provided the Council with
information on BMU's financial status through Apri12006.
(Reitz arrived at 4:28 p.m.)
5:00 P.M. WORK SESSION
U�date on Televised Meetings. Representatives of the City Council,City Staff,BMLJ and the
radio station toured the City of Siou�c Falls City Council Chambers on June 23`�and were provided
with a demonsttation and information on the televised meeting system.
Debt Discussion. Rita Thompson, Finance Manager,provided an overview on the issues of debt
limit and promissory notes for South Dakota Municipalities. The Council reviewed reports that
illustrated the change in debt from the end of 2004 to the end of 2005 and an analysis of the City's
debt ratio to its debt limit.
Discussion on Western Avenue Street Assessment. Jackie Lanning,City Engineer,reported that
the residents along Western Avenue recendy submitted a petition to pave a portion of UUestern
Avenue fxom 20`�Street South to the South boundary line of Esther Heights. She said Western
Avenue is a collector street and is designed to be a curb and gutter street built to a width of 41 feet.
The landowners along the street would pay the cost for a standard residenrial street,and the city
would pay for the extra width and thickness. The cost is estimated to be approximately�60 to $70
per front foot,which would include design, staking,street, and stoxm sewer.
The petition submitted contains signatures from approximately 35%of the frontage along this
project. One landowner woxked with the City Engineer's Office to obtain a sample petition and the
names of the owners along this project. The landowne�discussed the project with their neighbors
to obtai.n the signatures. They indicated that the owners who signed the petition stated that they
would be interested in an assessment cost of$20 to $30 pex front foot. This cost would essentially
cover paving the e�sting gravel surface.
In the past, street assessments were always built with the corxect street design,which would include
curb and gutter and paving. One landowner indicated they would like a more temporary pavement
at this time, and to build the street with curb and gutter at a later date. In 2003, Council approved a
temporary pavement for a poxtion of Western Avenue from the south boundary of Timberline
Addition to Trail Ridge Road.
Lanning said the city would not want to do a street project in a temporary fashion. It is the city's
intent to only build a road once with a one-time assessment to the owners and the city maintains the
road. .
No council recommendations were made and no action was taken on this issue.
Discussion and update on Utilit,y Services to the new DOT Site. Falken reported that the State
Department of Txansportation is moving forwaxd with planning for their new building located on
34`�Avenue. The new building will require water main and sewer main to be extended to this site.
The proposed utilities will"close the Ioop" by installing water and sewer north on 32"d Avenue and �
then easterly connecting with 34`}'Avenue.
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There has been a recent budget amendment stipulating income in the Industrial Fund xesulting from
land sales in the Industrial Parks. The income from land sales would need to fund several projects:
• water and sewer main to the DOT site
■ water main in the Telkamp Industrial Park (Southern end of 32"d Avenue)
• grant match for streets in Telkamp Industrial Park (Southern end of 32°d Avenue)
Falken said former ciry manager Alan Lanning worked with BMU staff on the issue of hixing BMU
to install the water and sewer main to the DOT site. T'here is a pxojected cost savings for this woxk
of appro�xnately$100,000. This would be a partnering project,where the street department would
assist in scxaping topsoil,the City would hire surveying services,and the BMU staff would install the
facilities. The cost savings are estimated since this project has not gone to bidding. The anticipated
cost savings would allow the balance of the industrial fund to be spent for the utility needs and grant
match for the Telkamp Industrial Paxk. All work in either industrial paxk would be funded by the
industrial fund. It is our understanding that this is the only project that BMU would be requested to
install utilities.
Falken noted that a verbal agreement was made with Utilities on this project. The intent was the
Utilities could do the work themselves and save money. He found out that local contractors had not
been notified about the ciry's plans to do the woYk themselves. He said this project had moved
along to the point where the Utilities Department had rented equipment, started the plans,city
entered into some design work, and think at this point want to make notification. Lanning had told
him that since the money was appropriated the city manager had the right to get the work done.
However, as interim Falken didn't feel comfortable moving forwaxd without bringing this issue back
to the Council.
He also noted that a contract with DOT stated the utilities work would be done by July 15C and that
date wouldn't be possible. DOT suggested moving the date back to Novembex 1S`but they also
asked to delay the closing of the shop building vacation until January 1,2008.
Falken said not having to puxchase the land on October 15t was a positive thing since no bridge loans
would be needed for the January date.
Falken recendy contacted local contractors to bring them up to speed on the project.
Roger Prunty,Prunty Construction, objected to the city doing the work and requested an
oppoztunity to bid on the project.
ACTION: A motion was made by Munsterman, seconded by Whaley, to direct the City Managex to
set out for bids on a private level. All pxesent voted yes;motion caxried.
ACTION: A motion was made by Bartley, seconded by Reed,to amend the contract with the State
Department of Transportation to change the utility improvements date from July 1,2006 to
November 1,2006 and the date to close and vacate the property from October 1,2007 to January 1,
2008. All present voted yes;motion carried.
Briefing on Essential Ait Service Selection Process. Falken reported that the contract with Mesa
Airlines will be expiring on September 30, 2006. The Departnnent of Transportation is accepting
bids for the new EAS contract in Brookings,which will begin October 1,2006. The bids will
include routes and service providers. Future Council action will include a letter of recommendation
on the selection of a service provider and route for the City of Brookings Essential Air Service.
Action is tentatively scheduled for July 11`�.
Briefing on July agenda items. Shari Thornes,Brookings City Clerk,provided a briefing on
future agenda items.
Review of�une 27�'6:00�.m. meeting,to�ics. The Interim City Manager responded to questions
pertaining to the action items on the agenda.
BrieSng on u�coming council invitations and obligations. Thornes reviewed the City
Council's upcoming invitations and obligations.
6:00 P.M. CITY COUNCIL MEETING
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Consent A�enda: A motion was made by Bartley, seconded by Reed, to amend Resolutions 62-06 and 63-
06 for Council action. All pYesent voted yes;motion carried. A motion was made by Bardey, seconded by
Reed, to approve the consent agenda which included:
A. Agenda, as amended.
B. Minutes: Action to approve the June 12,2006 and June 13,2006 Bxookings City Council
Minutes.
C. Action to approve Resolution No. 51-06, designating the official newspaper.
Resolurion No.51-06
Resolution Designating Official Newspapet
Pursuant to SDCL 9-12-G,the City Council of the City of Brookings,South Dakota,hexeby
designates the Btookings Register as the official newspaper for the City of Brookings for the ensuing
year.
D. Action to approve Resolution No. 53-06,designating Pioneer Park for Arts Fesdval.
Resolution No.53-06
A Resolurion Authorizing the Brookings Summer Festival
Committee to Have Exclusive Use of Pioneer Park
WHEREAS,the Brookings Summer Festival will be held in Pioneer Park on J�y s-ia,2006,
and
WHEREAS,the Siunmer Festival Committee has xequested the exclusive use and control of
Pioneei Park and its facilities fox said festival,plus additional days for preparation and take-doum,and
WHEREAS,the Summer Festival Committee has provided evidence of liability insurance
coverage including the City of Bxookings as named insured,and
WHEREAS,the Summer Festival Committee has agreed to accept xesponsibility fox the
conduct of the Suxnmer Festival on said pxemises,now therefore,
BE IT HEREBY RESOLVED that the use of Pioneer Paxk and its facilities as a public park
shall ternunate for the period of July 5 through July 12,2006.
BE IT FURTHER RESOLVED,that the City Council does hereby grant the exclusive use
of Pioneer Park and its facilities during the Bxookings Summex Festival to the Summer Festival
Committee.
FLJRTHER,IT IS RESOLVED,that the Summex Festival Committee shall be responsible
for maintainuig said facilities and cleaning them and xetuming them to the City of Brookings in good
condition following the festival.
E. Action to approve on Resolution No. 52-06, designating official depositories.
Resolution No.52-06
Resolurion Designaring Battks as Depository
PURSUANT to SDCL 9-22-6 and G1,the Ciry Council of the City of Brookings,South
Dakota,designates the following banks as depositories for Municipal Funds of the City of Brookings
for the ensuing year:
First Bank&Trust
Wells Faxgo Bank
Bank Stax Financial
Bank First
1�1eta Bank
Home Federal Savings Bank
F. Action on Resolution No. 60-06,quotes for 2006-01SWR Sidewalk Repair Project.
Resolution No. 60-06
Resolution Awarding Quote
On 2006-01SWR Cutb&Gutter and Sidewalk Repair Project
Whereas,the Ciry of Brookings wishes to repaix cuxb&gutter and sidewalk at various locations in the
City;and
Whereas,the City of Brookings has requested quotes from five local concrete installation companies;
and
Whereas,the City of Brookings has received the following quote for the 2006-01 SWR Curb&Gutter
and Sidewalk Repair Pxoject:
Ludwig Concrete,Brookings,SD $39,450.00
Now Theiefore,Be It Resolved that the low quote of Ludwig Concxete for�39,450.00 be accepted.
164
G. Action on Resolution No. 62-06, authorizing the City Manager to sign a First
Amendment of Easement for Lot 1, Block 10,Telkamp Addition.
Resolurion No.62-06
Resolution Approving First Amendment to Easement
Whexeas,the City of Bxookings has designated a One-Foot No Access Easement on the Plat
of Lot 1,Block 10,Telkamp Addition,in the SW'/4 of Section 19,Township 110 North,Range 49
West,
DUhereas,the plat was xecorded on June 25,1996 at 425 pm in Book 20 of Plats,Page 50
and;
Whereas,the City of Brookings has been requested to vacate the South twenty-two feet
(S22�of the North one-hundred one Eeet,two inches(N101'-2'�of the no access easement rights
granted to the City along the eastern boundary of Lot 1,Block 10,Telkamp Addition for the purpose
of constructing a driveway with exit-only traffic and;
Now,Therefore,Be It Resolved that the City of Brookings Ciry:�Ianager is authorized to
sign the First Amendment to Easement.
Passed and approved this 27th day of June,200G.
FIRST AMENDMENT TO EASEMENT
This Fixst Amendment to Easement(this"First Amendment'�is made as of the 27th day of
June,2006 (the"First Amendment Date'�,by the CITY OF BROOKINGS,SOUTH DAKOTA,
(the"City")a municipal corporation.
WITNESSETH:
WHEREAS,a One-Foot No Access Easement was previously granted to the City of
Bxookings on Lot 1,Block 10,Telkamp Addition,in the SW'/.of Section 19,Township 110 North,
Range 49 West,as shown on plat recorded on June 25,1996 at 4:25 pm in Book 20 of Plats,Page 50;
and
WHEREAS,the City,as the sole beneficiary and holder of the easement,desires to specify
the location of the easements granted under such Easement as hereinaftet set forth.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficienry of
which axe hereby acknowledged,the City does hereby amend the Easement as follows:
1. �cation of Easement Area. The One-foot No Access Easement is hereby amended by
vacating the South Twenty-two feet(22�of the Noith One-Hundred one feet,two inches(101'—2'�
of the no access easement xights gxanted to the City along the eastern boundaxy of Lot 1,Block 10,
Telkamp Additicm.
2. Terms of Easement. Except as othexvvise herein set forth,all othex tenns and conditions of
the Easement shall remain unchanged and the Easement shall iemain in full force and effect.
IN WITNESS WHEREOF,the City has executed this First Amendment as of the date first
above written.
H. Action on Resolution No.63-06,authorizing the City Manager to sign a First
Amendment of Easement for Lots 8 &9, Block 11, Second Addition.
Resolution No.63-06
Resolution Appioving First Amendment to Easement
Whereas,the City of Btookings has designated an easement for the purpose of constructing
and maintaining a concrete retaining wall along the north properry line of Lot 9,Block 11,Second
Addition in the City of Bxookings and;
Whereas,the easement was dated the 15th daq of July 1975 and;
Whereas,the Ciry of Brookings has been tequested to vacate the East ten feet(E10�of the
West Thirry Feet(W30�of the easement rights granted to the Ciry along the north property line of
Lot 9,Block 11,Second Addition for the purpose of removing a portion of the concxete cetaining wall
and;
Now,Thezefoxe,Be It Resolved that the City of Bxookings City Manager is authorized to
sign the First Amendment to Easement.
Passed and approved this 27th day of June,2006.
FIRST AMENDMENT TO EASEMENT
T'his First Amendment to Easement(this"First Amendment")is made as of the 27th day of
June,2006(the"Fiust Amendment Date"),by the CITY OF BROOKINGS,SOUTH DAKOTA,
(the"City'�a municipal corporation.
165
WITNESSETH:
WHEREAS,an easement was pxeviously granted to the City of Brookings fox the North
Sixty-five feet(N65�of Lots 8 and 9,Second Addition in the City of Brookings,for the purpose of
consttucting and maintaining a conciete retaiiung wall;and
WHEREAS,the City,as the sole beneficiary and hoider of the easement,desires to specify
the location of the easements granted undex such Easement as hereinafter set forth.
NOW,THEREFORE,fox good and valuable considexation,the receipt and sufficienry of
which are hexeby acknowledged,the City does hereby amend the Easement as follows:
1. Location of Easement Area. The easement fox the purpose of constructing and maintaining
a concrete retaining wall along the north pxoperty line is hereby amended to vacate the East Ten feet
(E10�of the West Thirty feet(W30�of the easement rights granted to the City along the north
properry line oELot 9,Block 11,Second Addirion.
2. Terms of Easement. Except as othenuise herein set forth,all other terms and conditions of
the Easement shall remain unchanged and the Easement shall remain in full force and effect.
IN WITNESS WHEREOF,the City has executed this Fixst Amendment as of the date first
above written.
I. Action on Resolution No. 61-06,declaring surplus property.
Resolution No.61-06
Appraising and Authorizing Sale of Surplus Property
WHEREAS,the City of Brookings has surplus items as listed in a Notice of Sale that aze no longer
necessary ox useful for City purposes,and it is the desire of the City to dispose of saxne as surplus ,
property;
NOW,THEREFORE,BE IT RESOLVED,that all the attached listed properry declaxed surplus by
the Ciry Council.
FURTHER BE IT RESOLVED by the City Council that the piopexry be offexed fox sale at public auction on
J�y a�,zoo�.
i lexk: computer cords;En�neering 18"w x 27"h x 12"d wooden cupboard,(3) 16"computer
monitors,Typing stand for letters,Microphone base(approx. 6"tall),of6ce chair,HP Deskjet 890C Printer
with 1 color cartridge; I F: Oldex Shop Vac vacuum,(2)Leaunark inkjet printets,Hewlett Packard inkjet
printex,Pair computer speakers,(4)Panasonic fax machimes,Box tonex cartridges for Panasonic fax machine;
LIBRARY: (5)Gateway'IBR3 450 computers,Dell Optiplex G�110 computer,HP V6400 computer,Gateway
computer Linksys router,Laser counter,(2) 15"monitors,(3) 17"monitors,(3)PC keyboards,Paraliel switch,
Joy stick,Computer speakers,Xexox printer pocuprint P8,Bag of headphones,VHS VCR Teknika,Kodak
carousel slide projector,Kodak carousel slide projector,Computer speakers—8 sets,VHS VCR Fisher,Epson
color 740 printer,Turn table,(3)Gateway super tloppy drives,Folding table,Video mailers,Garbage can—
metal,Office chaix,Stool(chaix)—wooden,Plant stand—metal;PARKS,RECREATTON&FORESTRY: 1986 Jeep
Wagoneer L'united,1975 Ford F150,Pickup tool box,�vlisc.Dooxs,Assorted light fixtures;POLICE DEPT.�4�
�Ietal Desks,Wooden Desk,Small Desk,(3)Swivel Back Chaixs,Lawn Figurine"Doe",Small Gtey Filing
Cabinet,Trinitron Sony Monitor,(4)Viewsonic vlonitots,(2) Gateway Monitoxs,(Z) Compaq Monitors,Mag
Monitor,(2)KDS Monitors,Noble View Monitor,Opt'tquest iVlonitox,(8)Monitox bases,(2)Motorola
Telephones,(5)printers,Fax machine,rypewritex,8-pozt woxkgroup switch,(2)answering machines,(12)
keyboards,computer speakers,panasonic tape player,(2)Intel modems,fax modem,adjustable foot rest,under
desk keyboard tray,(3)HP computexs,(4)Nobilis computexs,Compaq computer,(2) Gateway computers,(2)
Elite computers,wooden dispatch desk Men's Bikes: Black Trek,Purple/Green Trek 800 Sport,Blue
Schwinn,Blue unknown Make 10-speed,Black Schwinn(Woodland),Green Huffy,Green Huffy(All Texiain),
Blue Huffy Mm. (Discovery),Black Huffy Mtn.,B2ack Acapulco Mtn.,White/Purple Trek Mtn.,Blue Huffy
(Stone�ft.) Bo�'s Bikes:Blue Schwinn 20 inch,Blue Roadmaster,Red iVlurray(Explorer) Women's Bikes:
Purple Huffy,Biue Roadmastex Mt.Fury Girl's Bikes: Blue/Pink Huffy Single Speed,Silver Monteray Single
Speed,Purple/Pink Huffy 24 inch,Purple Murray,Purple Giant,Purple Murray Single Speed,Purple Murxay
(NIt. Climber),Gzeen Huffy(Timberline),Purple Huffy,Bxown Maxquee 15 Speed �1isc.Bikes:Bxown
Mongoose Mtn.,Gxeen Roadmastet Ivlt.Fury,Black Huffy(PxoSpoxts Cycle)Mtn,Green Huffy(Superia) 15
Speed,Red MGX 21 Speed,Blue Magna 18 Speed,Blue Huffy(Black Watex)Mtn.,Blue Roadmaster Mtn.
Sport,Black/Purple Roadmaster Club West Mtn.,Green Huffy�fax)Mtn.,Red Next Single Speed,Black
Huffy Single Speed 24 inch,Blue/Black Trek 24 inch Mt.Bike,Lt.Blue Roadmastex(Mt.Sport) 18 speed,
Black/Pink Roadmaster Renegade,Black Unknown l�iake or Ivlodel Banana Seat,Blue Next 20 inch,Green
Trek\�It.Bike,Blue Schwinn(Z Force) 20 inch,Pink Next 20 inch,Blue Huffy(Rocket)20 inch,Red Neatt
(Flatspin)20 inch,Blue/Silvex Quasax Mtn.,White Huffy(Rocky Pass),Yellow Next(Ultra Shock)Mm.,
Ylaroon Roadmaster(�ft.Pass),Blue/Silvex Next Mtn.,Black/Pink Next�Itn.,Red Magna(Great Divide),
Red Next(Wipeout)20 inch Dixt/Stunt Bikes:Silvex Mongoose 20 inch,Black Pacific 20 inch,Silver Next 20
inch,Black/Pink Roadmaster Mt.Sport,Blue Huffy(Fury),Red I�Zongoose Scooter: Red/Silver Street Craze
Scooter. STREET: 1981 Chevxolet 2x4,'/4 ton flatbed pickup--1GBGC24M8BJ157677,1987 4x4'/z ton
pickup--1GTEV14H3HF72735,manila file folders,(3)hand-held GE radios,2 wood side chairs with anns,2
metal side chairs with arms;LANDFILL&SOLIll WASTE COLLECTION; Landfill: 1973 Cat 816 Compactox,
Serial# 57 U 193,Appxoa�imately 18,000 houxs,Cab with heater;1965-70 Cat 955 Crawler Loader,Serial#60
A 11 358 Series H 3R 349,Unknown hours,Canopy;1983 Dodge 150 Pickup,Serial# 1B7HW14UXDS
436336,4 wheel drive;1 - 16 ft.x 16 ft. Overhead garage door,1 12 ft.x 16 ft.Overhead gatage doox,l4
Dumpsters various siaes;SWIFTEL CENTER: (2)She1f carts on wheels,(2)Desks,(2)Counter Tops,Cubical
panel,(4)32-gallon garbage cans w/lids,7-drawer medical cart,Cabinet(36x24x30),(28) 8'blue dxapes,(30) 8'
166
tan drapes,6-shelf cart on wheels,(4)Pallets of miscellaneous wood,Bucket of bolts,(5)Haxd hats,(2)Bag of
sign letters,Drill press(does not woxk),Weed triminer(does not woxk),Tool box,(10)Railxoad ties,(6)Steel
pipe,Wixe panel,(2) Sinks(1 stainless-1 porcelain),1976 Dodge pick up,1988 Dodge van,Forklift,Walk in
freezer condensing unit,Plastic Shelf,8'wood ladder,Plastic tub,Misc. snow stoppers,Brother fax machine
(needs work),(3)Wire shelving,(4)Wheel chairs,(2)Auto paper towel dispensers,(3)Metal flatbed carts,Misc.
rope,Misc.metal,Ivlisc.pallets.
On the consent agenda, all present voted yes;motion carried.
Relay for Life. Delora Bennett has requested all the Council members sign a banner she will be
bringing to Washington,DC this weekend for the Relay for Life meeting out there. She was selected
to xepresent our region and would like to show support from our community.
18`Reading: Ordinance No. 24-06—Swiftel Advisory Comm. First reading of Ordinance No.
24-06, an Ordinance Establishing The Swiftel Center Advisory Committee. Public Hearing: July 11,
2006
2°d Reading: Ordinance No. 22-06—Rental Units. A motion to TABLE to July 11,2006 was
made by Bardey, seconded by Thomson,on Oxdinance No. 22-06 -An Ordinance Amending
Article VI,Rental Dwelling Units Of Chaptex 22,Buildings And Building Regulations Of The Code
Of ordinances Of The City Of Brookings And Perraining To E�cits With Certain Amendments
Thereto. All present voted yes;motion carried to TABLE to July 11,2006.
2"a Reading: Ordinance No. 21-06—Conditional Use. A public hearing and action was held on
Ordinance No. 21-06 - an ordinance for an a Conditional Use in the Residence R-3 District to
establish a community center on Block 7, Hyland Addition (2001 12th Street South). Motion was
made by Reed,seconded by Whaley,to approve Oxdinance No. 2�-06. All present voted yes;
motion caxried.
2"a Reading: Ordinance No. 19-06—Conditional Use. A public hearing and action was held on
Ordinance No. 19-06 - an oYdinance for a Conditional Use in the Residence R-2 District to establish
a major home occupation (pxofessional office) on Lot 12, College Addition (683 Faculty Drive).
Motion was made by Thomson, seconded by Reitz,to approve Ordinance No. 19-06. All present
voted yes;motion carried.
2"a Rea�ding: Ordinance No. 23-06—Cam�aign Finance. A public hearing and action was held
on Ordinance No. 23-06,an ordinance pertauung to campaign finance reporting requirements for
candidates. Motion was made by Bezdichek, seconded by Reed, to approve Ordinance No. 23-06.
A motion was made by Baxdey, seconded by Reitz,to strike the reference to "employment" from the
ordinance. On the amendment, all present voted yes except Munsterman and Reed voted no. (Reitz
left at 6:28 p.m.) On the ma.in motion as amended,ail present voted yes;motion carried.
Interim Cit�Managgr Contract. A motion was made by Thomson,seconded by Whaley,to
appxove the Interim Ciry Manager Conttact with Dennis Falken. All present voted yes;motion
carried.
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT is entered into this 27`�day of June, 2006,by and between
the CITY OF BROOKINGS, SOUTH DAKOTA, a municipal corporation (the City") and Dennis
Falken, Interim City Manager (the Employee").
Whereas,the Ciry is contracting for the services of the Employee as its City Manager in an interim
capacity,and desixes to foxma.lize such contxactual rela.tionship,all in accordance with the laws of the
State of South Dakota as set forth in this agreement;and
Whereas, the Employee desires to accept such employment upon the terms and conditions set forth
herein:
Now,thexefore,in consideration of the mutual promises herein set forth,the parties agree as
follows:
Section 1. Duties:Working Hours.
a. The City shall employ the Employee as its City Manager to perform the functions and duties as
its chief administrative officex with all of the authority and powers provided thexefore under the laws
af the State of South Dakota,Brookings City Charter, City Governance and Ends Policies, and the
167
ordinances of the City and to pexform such other legally permissible and ptoper functions and duties
as the Governing Body of the City may fxom time to time assign.
Because the paYties anricipate that the Employee will perform many of his official duties outside the
nortnal woxking houxs for other City employees, the Employee shall be permitted to take
compensatory time off, at his discretion, during normal working hours.
The Interim City Manager will be gxanted the same number of holidays as othex City employees.
Section 2. Term.
a. The texm of this agreement shall be for the period commencing on June 5,2006 and shall
continue for an undetermined period of time which will be negotiated at a later date based on the
timeline of hiring of a new City ManageY.
b. Nothing in this agreement shall be construed to prevent,limit,or otherwise interfete with the
right of the Governing Body of the City to terminate the services of the Employee at any time or
with the right of the Employee to resign from his position as Interim City Manager of the City at
any time.
The parties explicitly acknowledge that the City shall seek a pertnanent City Manager, and the
Employee's obligation to serve as the Interim City Manager,and receive certain compensation for
such position pursuant to this Agreement, shall terminate upon the starting date of the pexmanent
City Manager.
Section 3. Em�lo�ment Status.
Exempt Status: It is agreed and understood that Employee is exempt from the overtime provisions
of the Fair Labor Standaxds Act,and is not eligible fox overtime.
Section 4. Com�ensation.
Employer agrees to pay Employee for services rendered pursuant hereto a weekly base salary of
$1,500.00,payable through the payxoll system at the same time as other employees of the Employer
are generally paid.
Section 5. Insurance.
a) City shall furnish and pxovide Employee with insuxance protection including compxehensive
general lia.biliry and errors and omissions coverage applicable to all acts or omissions of Exnployee
arising out of his/her empioyment.
b) Employer agrees to continue Employee's eligibility for retiree insurance to include life,health,
dental,vision, etc.
Section 6. Genexal Ex�enses.
Employer xecognizes that certain expenses of a non personal and generally job-affil�iated natute are
incurred by Employee,and hereby agrees to reimburse or to pay said general expenses,and the
Finance Manager is hereby authorized to disburse such monies upon xeceipt of duly executed
expense,receipts, statements or personal affidavits.
Section 7. Business Exuenses.
City shall reimbuxse Employee for all employment-related expenses,including,but not limited to
meals, civic club memberships, cost of registration, travel and mileage and any other subsistence
costs relating to the conduct of City Business. A City cell phone will be provided. City xelated
phone calls received on pexsonal cell phone will be reimbursed if those ciry xelated calls result in
overages on personal cell phone service.
Section 8. Indemnification.
Employer shall defend,hold harmless and indemnify Employee against any tort,professional liability
claim or demand or other legal action,whether groundless or otherwise,arising out of an alleged act
or omission occurring in the performance of Employee's duties. Employee shall be covered under
the City's liability insurance policies for covered acts or omissions occurxing in the performance of
Employee's duties as a city official at no expense to Employee. Employer shall be responsible for all
costs,including lost time and wages of Employee,incurred as a result of the defense,prosecution,
judgment or setdement of claims and suits, during the term of this agreement of thereafter,arising in
connection with the pexformance of Employee's duties as a City official.
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Section 9. Bond.
Employer shall bear the full cost of a public official bond required of the Employee under any law
or ordinance.
Section 10. Termuiation:
The Interim City Manager will serve at the will of the Council and may be termiiiated immediately in
the sole discretion of the Ciry with or without cause at any time upon the occurrence of any one of
the following events:
(a) Employee willfully and continuously fails or refuses to comply with the policies, standards and
regulations of the City as axe from time to time established;
(b) Employee shall be found guilty of fraud, dishonest,misappropriation of funds, embezzlement, or
other act of misconduct in the rendering of services on beha.lf of the City;
(c) Employee fails or refuses to perform faithfully or diligently any of the provisions of this
Agreement.
Should the Council ternvnate the Interim City Manager's employment with or without cause,the
Council will have absolute discretion as to whether to pxovide advance notice or to provide
severance pay.
Section 11. Voluntar�Resi�nation:
In the event Employee elects to voluntaxily resign or retire,he/she shall give the Ciry not less than
14 days advance written notice.
Section 12. Other Terms and Conditions of Em,�loyment•
The City,in consultation with the Employee,may fi�c any such other terms and conditions of
employment xelating to the performance of the Employee as it deems appropriate from time to time;
provided, that such terms and conditions are not inconsistent with or in conflict with the express
provisions of this agreement, the City charter or any other la.w or regulation. No such additional
terms ar conditions shall be effective unless first reduced to writing and furnished to the Employee
as mutually agreed by the Employee and the City.
Section 13. Risk allocation.
T'he Employee shall maintain continuously in force with respect to all such vehicles a policy
of liability insurance having min;mum limits identified in the City Vehicle Driving Policy.
The Employee shall provide the City's risk management office with appropriate proof of
compliance with the insurance requirements of this Section.
Section 14. Duties and Res�onsibilities• �
The duties and responsibilities of the Interim City Manager shall be in accordance with South
Dakota.state law, the Brookings City Charter, the City Governance and Ends Policies,all ordinances
and resolutions of the Ciry of Brookings, and such policies as shall be adopted from time to time by
the City Council.The duties and responsibilities of the interim manager shall include but not
necessarily be limited to the following list:
The City Manager shall be the chief administrative officer of the City,responsible to the Council for
the administration of all city matters placed in the manager's charge by or under this Charter. The
Ciry Manager shall:
A. Attend all Ciry Council meetings. The Ciry Manager shall, except when the governing body
may be considering suspension or removal of the City Manager,have the right to take part in
discussion but shall not vote;
B. Appoint and,when necessary in theix discretion,suspend or remove all city employees and
appointive administrative officers provided fox by or under this Charter. The City Manager- �
may authorize any administrative employee or officer subject to the manager's dixection and '
supervision to exercise these powers with respect to subordinates in that employee ox . .
officer's departtnent, office or agency; -
C. Make recommendations to the City Council concerning the affairs of the City;
D. See that all laws,pxovisions of this Charter and acts of the City Council, subject to
enfoYCement by the City Manager or by employees or officers subject to the manager's
direction and supervision,are fa.ithfully executed;
169
E. Make such other xeports as the City Council may require conceYning the operarions of City
departments, offices and agencies subject to the City Manager's direction and supervision;
F. Keep the City Council fully advised as to the financial condition and future needs of the
City;
G. Prepare and submit the annual budget and capital program to the City Council;
H. Submit updates annually on the date specified by the City Council a five-year capital pxogram
in such form as the City Manager deems desirable or the Council may requite;
I. Submit updates annually on the date specified by the City Council a five-year financial plan
in such form as the City Manager deems desirable or the Council may require;
J. Submit to the City Council and make available to the public a complete report on the
finances and admuustrative activities of the City as of the end of each fiscal year;and
K. Sign all warrants for the payment of money, and the same shall be countersigned by the
Clerk,but no waxxant shall be issued until the claim therefor has been approved by the City
Council, except as may be otherwise provided by ordinance or resolution (See Res. 79-99).
Section 15. General Provisions.
a) The text hereof shall constitute the entire agreement between the parties.
b) Other than those provisions relating to the Employee's obligation to serve as the Interim City
Manager, this agreement shall be binding upon and inure to the benefit of the heixs and executors of •
the Employee.
c) Except as expressly provided herein,neither party shall assign rights or delegate duties arising
from this agreement without first obtaining the express written consent of the ather.
d) Should any provision of this agreement or any portion thereof,be held unconstitutional,
invalid, or unenforceable,the remaindeY of this agreement shall be deemed as severable,shall not be
affected and shall xemain in full force and effect.
e) This agreement is governed by South Dakota law.
IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto.
CITY OF BROOKINGS
By
Scott Munsterman,Mayor
ATTEST:
Shari Thornes,Ciry Clerk
Dennis Falken, Interim City Manager
Adjourn. A motion was made by Reed, seconded by Whaley,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:45 p.m.
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