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HomeMy WebLinkAboutCCMinutes_2007_11_13 422 Brookings City Council November 13, 2007 The Brookings City Council held a meeting on Tuesday, November 13,2007 at 4:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,Mike Bardey (via phone),Ryan Brunner,Tim Reed and Ginger Thomson. Council Member Tom Bezdichek was absent. City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari"I'hornes were also present. Downtown Streetscape Project. Randy Fischer, DesignWorks,presented the Council and public with the semi-final downtown streetscape design. History: The Downtown Streetscape Project has been underway for many years. In 2004,the Ciry solicited Request for Proposals for an update to the Downtown Streetscape Master Plan. The Streetscape Design Committee selected Designworks, Inc. (Randy Fisher,Landscape Architect) of Rapid City who partnered with Civil Design, Inc. (Caxey Bretsch,Professional Civil Engineer) of Brookings. The master plan was updated for Main Avenue from 6`h Street to Front Street, as well as provided improvement concepts for the area bounded by 6th Street and 3`a Street, and 3`d Avenue to 5`h Avenue. T'here were many different concepts shown in the master plan,including optional parking areas,a centexline bike lane on Main Avenue,and round-abouts at the intersections of 4�' Street and 5`h Street and Main Avenue. There were also discussions regarding the condition of the undergxound water and sewer mains and services. Brookings Municipal Utilities indicated that they would replace the water and sewer mains if the street portion of Main Avenue was removed during the construction process. During 2007, a donation was offered to the City of Brookings to fund the replacement of the street,which provided the opportunity to replace the underground utilities. This offered the protection of the streetscape improvements to minimi�e the chance of a potentia.l water or sewer repair to damage the streetscape improvements. City staff and Brookings Municipal Utilities staff have been meeting with the downtown business owners to discuss the water and sanitary sewer portion of the project. The utility project was described, and the City proposed replacing the water sexvices with 4"pvc lines. The price of copper lines is expensive, and the 4" pvc services were slighdy higher in cost than the 1" copper water services. The advantage of installing 4" pvc water services is to provide for fixe protection to all of the buildings for current or future uses. Most downtown property owners indicated their opinion regarding the water and sewer service replacement, and the majoriry of the comments were positive. T"he consultants have been laying out the design plans for the Downtown Streetscape project. The main concept of the project is to allow for an inviting walking atmosphere and provide for a destination for people. The design of Main Avenue will provide a street the same width as there is cuxrendy. However,there will be a"bump out node" at each intersection. These "nodes"will allow for attractive landscaping features, as well as shortening the crosswalk distance for people crossing Main Avenue. One other important change will be installation of stop signs at 4`'' Street&Main Avenue and 5`� Street&Main Avenue. This will also provide for traffic calming with a cost savings over the price of signals. Statistically, stop sign intersections are safer than signalized intersections. Other improvements in the streetscape project will be new trees. The current trees are large and will be replaced with a more appropriate tree for this location. T"he downtown streetscape project also includes new sidewalk,which may be a combination of gray and colored concrete with the possibility of pavers or stamped concrete. Other amenities for the streetscape project include new period street lights,benches and landscaping features. Housing StudX. A1 Heuton,BEDC Executive Director,provided the Ciry Council with an overview of the housing study results commissioned by the Vision Brookings. Heuton said he and the group felt a study was important to provide a baseline maxket analysis and to identify future housing needs. It will also be valuable when applying for State Housing Authoriry funding. The study addresses housing development issues, affordability, future housing demand and best practices. As for affordable housing, there are a number of detached single family homes being built. Heuton noted that there are many other affordable housing options besides single family homes. They asked 423 the consultant for information on affordable housing solutions other communities have used and Yecommendations on how to pYOCeed. He noted that his group wanted a moxe detailed analysis in this study and not just a reiteration of census data. Vision Bxookings is not at the point where they are publicly xeleasing the study. They will determine how and when it is released. Heuton said when the study is public there will be a good executive summary of findings;however, to understand the study it will be important to read the entire document. The development trend projections axe conservative. Many things could impact the need for additional housing in the Brookin�s area. This study is a start and by no means a final solution. Consultants met with a variety of stakeholders to identify growth potential. They held a series of focus group meetings that included representatives from local industry, city utilities, contractors, realtors,lenders, central xesidents and SDSU students. Othex information gathering included personal interviews, a home buyers' survey, and industrial employee surveys. 7'he 2006 census bureau statistics indicate Brookings increased by only 39 people and the County lost 25 people. In 2000 there wexe 200 to 300 vacant housing units cited. Heuton said these projections are suspect. Building permit statistics show Bxookings is builcling ovex 120 new houses pex year and has for a number of yeaxs. He noted that it will be unportant to pay close attention to household and population estimates,because the building permits research shows an increase by 650 to 750 housing units during that time. This is all good information for business recruitment and future planning. Household compositions are expected to change. From 2005 to 2015,we should e�ect 445 more households in the 25-34 age range and over 1,200 more households in the 55-74 age range. This will have serious implications on what types of housing is needed. AnotheY question is the student population needs. Rentals are 54% as compared to a 32% statewide average. This affects affordability and buying income power. As for housing inventory, the study includes building permit data. From January 2000 to June 2007 theze were 1,064 building pernuts issued for new housing of all types (130 units per year). During that same period 200 units were added in oudying communities. The consultant conducted a windshield survey of the oldex homes to assess condition and classified the properties in major and minor repairs. The study finds thexe are 27 homes that should be removed. Two hundred ninety need major repair and 452 in need of minor repair. Consideration of renter and home owner rehab programs could be something the Ciry would want to consider to xeduce these issues. The study included a very detailed rental housing analysis. Within laxger rental units the study cites 0%vacancy, 2.7%vacancy with subsidized rentals, and 5%vacancy for special needs units. The study confixmed that the city is in short supply for xental housing. The study pxovided"best practices"ideas from a number of other communities with xespect to land costs,lot sizes, street widths, modular homes, community involvement, design criteria, subdivision design,lease purchase options, and new urbanism options. The final findings on housing unit demand in 10 years are based on three demand factors: household growth,replacement for lost units, and pent up demand for latent housing. The demand for normal gxowth could be much higher if work force recnutment is increased. Brookings will need 800-850 owner occupied units from 2005-2015 and an additiona1300 rental units. Pent up demand could add 150-200 additional rental units now to satisfy. Changes in communiry policy,in terms of number of unrelated persons residing in a home, could have an impact one way or another on fizture industxy growth. Current ownership rate in the 25-34 age bracket is 48%. There's a need for first time home buyer and rental opportunities. 424 There's also an empty nester trend for the 55-74 age bracket wanting no maintenance housing with high amenities (golf courses,townhouses,mastex plan areas). There's also a trend to locate these types of communities adjacent to universities. Brookings and SDSU have an opportunity to take advantage of a niche growth market as a future retirement/community development. Heuton said there are 22 recommendations listed in the study, but it will be important to read the document in its entirety. He noted that the study is not public yet. Tem�orary Zoning Controls and Proposed Costs Related to the Airport Pro�ect Deputy Mayor Tim Reed took over as chair of this discussion only. Jackie Lanning noted that the City Council held a work session on October 23,2007 to discuss several a,irport issues, one of which was the issue of temporary zoning controls for parcels within the City limits. Notices were sent by first-class mail to the landowners shown on the enclosed mailing list,as well as the Bxookings County Commissioners,Brookings Township Commissioners, and Trenton Township Commissioners alerting them of this work session. Lanning and consultants Andy Olson, Greg Albert,and Bob Babcock discussed the following options taking into consideration future RPZ for new alignments and looking at temporary zoning in city limits, 1) do nothing, 2) tempoxary zoning controls for land use for future RPZ, or 3) temporary zoning controls for height restrictions. Andy Olson,HNTB, said the city is in the middle of the planning process and it's very common to institute temporary zoning controls to protection the different routes under consideration while the planning process is completed. This protects the viability of all options under consideration with zoning controls. He presented various options with estimated costs, estimating$36,000 for all critical surfaces. This involves all surfaces, an analysis and base topographical mapping with ground contours. This must incorporate the vertical service based on the runway end. There's no cost to proceed with the RPZ protections. The cost is associated with the height restrictions. Whaley asked how long it would take. Mid January. Robb Sexauer,Airport Board President, said it is impexative to do the height protections,without it the pilots are flying blind and it just creates more problems. Jim Bailey,Airport Board member,agreed citing it was worthwhile to spend money to keep the city out of ttouble. (Bartley online at 5:54 p.m.) Who would pay for the height zoning controls? Olson said that isn't included in the current grant and he hasn't asked if this would be eligible for FAA funding. A motion was made by Reed,seconded by Thomson,to refer back to staff on funding and place on the November 27�`action agenda. All present voted yes, except Munsterman abstained,motion carried. Consent Agenda: Action on the city manager contract was moved up on the agenda. A motion was made by Reed, seconded by Whaley, to approve the consent agenda which included: A. Agenda, as amended. B. October 23,2007 Minutes. C. Action to award bids for a Marquee for the Swiftel Center to Daktronics,Inc. for $105,000. No other bids were received. Bids were opened on November 8,2007. D. Action on bids fot snow removal. Bids were opened on October 16�'for the annual snow removal equipment bid awards. Attached is a copy of the bid tab showing the results of the bid letting. Those areas marked with an arrow are the contractoxs recommended for acceptance of the bid. Three (3) Blades with wings: Bowes Construction was awarded bids one and two with vehicle number 140G,with chains $110,no chains $100. Bowes Construction was awarded bid three with vehicle number 140H @ $110/hr and with no chains at$100/hr; One (1) 3- to 6- Yard Loader and One (1) Loader w/Reversible Blade: Bowes Construction was awarded to bid one with vehicle number 980G, 6 cubic yards at$118/hr and bid two was awarded to Prunty Construction with vehicle number 624G in the amount of$160/hr. (Bids were also xeceived from but not accepted from Bowes vehicle numbers 966E@$105, 966F@$105, 960F@$100, 950E@$98, and 950G@$98); 14 End-Dump trucks: Prussman Contracting was awarded the bid for 4 vehicles, # 20 @ 20.8 CY for$85/hr,#21 @ 20.6 CY for$85/hr, #22 @ 20.5 CY for 425 $85/hr, #23 @ 20.5 CY for$85/hr;Bowes Construction was awarded the bid fox 4 vehicles, #T7 @ 16.4 CY at$65/hr, #T8 @ 16.4 CY at$65/hx, #T23 @ 16.4 CY at$65/hr and #T24 @16.4 CY at$65/ht;Consolidated Ready Mix Inc.was awarded the bid for 2 vehicles, #5050 @ 21.4 CY@$100/hr, #5060 @ 21.4 CY @ $100/hr; and Prunty Construction was awaxded bid for 3 vehicles, #28 @ 18 CY @$80/hr, #29 @ 13 CY @ $80/hr, #24 @ 13 CY @ $80/hr. No other bids were received. Airport Snow Removal: Bids were awarded the following: Bowes Construction—CAT 966E loader—5 cubic yards at$105/hr, CAT 140G Grader w/wing at $100/hr, CAT 950F One-way plow at$115.00 per hour, and T23 truck— 16.4 cubic yards at $65/hr. No other bids were Yeceived. E. Action on Resolution No. 70-07, Final CCO for 2007-01SWR Curb & Gutter and Sidewalk Replacement Project. Resolution No.70-07 A Resolution Authorizing Final Change Order(CCO#1 Final)Fot 2007-01SWR Sidewalk and Curb&Gutter Project Ausueim Excavating BE IT RESOLVED by the Ciry Council that the following change order be allowed for 2007-01SWR Sidewalk'and Cuxb&Gutter Project:Construction Change Order Number 1 Final. Adjust estimated bid quantities to"as build"quantities including the additional woxk to remove and install sidewalk bridge slab,clearing and grubbing and drop inlet apron for a total decrease of$2,597.76. F. Action on Resolution No. 71-07, a resolution of Intent to Lease Real Properry (Freeland Addition). Resolution No.71-07 Resolution of Intent to I.ease Real Property BE IT RESOLVED by the governing body of the City of Brookings,South Dakota,that the City of Brookings intends to enter into a Lease with Foundation Seed Stocks Eor a period oE one(1)year, commencing on March 1,2008 and ending February 28,2009 and pextaining to the following described property:The designated farmland on the Brookings Freeland Addition,forty(40) acxes moxe or less in Section 18,T110,R49 in the City of Brookings,Brookings County,South Dakota. The Lease will be an amount of One Hundred Five Dollars($105.00)pet acxe for faxrnland annually, payable fixst half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described pxoperty is to be sold by the City of Brookings. If a portion of the leased land is sold,the number of acres to be paid for will be adjusted at the unit price per acre. BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on November 13, 2007 at 6:00 o'clock P.M.at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. G. Action on Resolution No. 72-07, a resolution of Intent to Lease Real Property (Telkamp &Weise Addition). Resolution No.72-07 Resolution of Intent to Lease Real Property BE IT RESOLVED by the governing body of the City of Brookings,South Dakota,that the Ciry of Brookings intends to entex into a Lease with Foundation Seed Stocks for a period of one(1)year, commencing on March 1,2008 and ending February 28,2009 and pertauvng to the following described propexty: The designated farniland on the Brookings Telkamp and Wiese Addition,foriy- nine(49)acres more or less in Sections 19&30,T110,R49 in the City of Brookings,Brookings County,South Dakota. The Lease will be an amount of One Hundred Five Dollars($105.00)per acre for farmland annually, payable first half on Apri11 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portiori of the leased land is sold,the number of acres to be paid for will be adjusted at the unit price per acxe. BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on November 13, 2007 at 6:00 o'clock P.M.at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease xeal properry. H. Action oh Resolution No. 67-07, a Resolution Designating O�cial Newspaper. Resolution No.67-07 Resolurion Designating Official Newspaper PURSUANT to SDCL 9-12-6,the City Council of the City of Brookings,South Dakota,heteby designates the Brookings Register as the official newspaper for the City of Brookings for the ensuing year. 426 I. Action on Resolution No. 68-07, a Resolution Designating Banks As Depository. Resolution No.68-07 Resolution Designating Banks as Depository PURSUANT to SDCL 9-22-6 and 6.1,the City 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 Fargo Bank,Bank Star Financial,Dakotah Bank,Meta Bank, Home Federal Savings Bank On the motion, all present voted yes; motion carried. � Open Forum. Council Member Bartley requested discussion of issuance of operating agreements during the November 27�'woxk session. No one opposed. City Manager Contract. A motion was made by Thomson, seconded by Reed, to approve a contract between the city of Brooking and Jeffrey W. Weldon as ciry manager. All present voted yes;motion carried. CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this 13th day of November,2007, by and between the CITY OF BROOKINGS, State of South Dakota,a municipal corporation, hereinafter referred to as "City", and Jeffrey Weldon,hereinaftex referred to as "City Managex". WITNESSETH: . � WHEREAS, the City desires to employ the services of Jeffrey Weldon as Ciry Manager;and WHEREAS,it is the desire of the governing board,hereafter referred to as the "Council",to provide certain benefits,to establish certain conditions of employment, and to set working conditions of said City Manager;and . WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE,in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Jeffrey Weldon as City Manager of the Ciry of Bxookings,to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and pxoper functions and duties as the Council may from time to time assign. Section 2. Em�loyment Status as "Exem�t" Exempt Status: It is agreed and understood that City Managex is an exempt employee and is not eligible for overtime under the Fait Labor Standards Act. Section 3. SalarX; City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of$103,000.00,payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City axe paid. The City Manager will be eligible for a one year anniversary pay increase,beginning January 1,2009, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter,in a percentage range equal to ox greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residencv. The City Charter requires that the Ciry Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. Section 5. Performance Evaluation. A. The Council shall conduct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific cri.teria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may fxom time to time determine, following consultation with City Manager. Further, the Mayor shall provide the City Manager with a summary written 427 statement of the Council's findings following the Ciry Manager's performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his pexformance evaluation and findings with the Council. B. Annually, the Council and City Manager shall define goals and performance objecrives that they determine necessary for the proper operarion of the City of Brookings and in the attainment of the Council's policy objectives and shall further establish a relative priority among.those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and City Managex also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that Ciry Manager must devote significant time outside normal office hours to the business of the City, and, to that end, City Managex will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Managex shall not engage in teaching, consulting or other non- City-connected business without the prior approval of the Council. Section 8. Moving and Relocation Ex�enses A. Ciry Managex shall obtain two (2) quotes fox costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay direcdy fox the expenses of packing and moving City Manager, City Manager's family,and City Manager's pexsonal property from Yankton to the City of Brookings,with said payment or reimbursement not to exceed the sum of$5,000.00,which shall include unpacking,any storage costs necessary, and insurance charges. B. The Ciry will provide City Manager with $1,000 per month for a period not to exceed four months to cover expenses and related costs for temporary housing until the time City Manager is able to relocate permanendy. C. Should City Manager leave the City Manager position in Brookings voluntarily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year— 100% reimbursement 2. Leave position within second year—50%reimbursement 3. Leave position within third year—25%reimbursement 4. Leave position within fourth year and thereafter—0%reimbursement. Section 9. Holidays.Vacation, and Sick Leave. A. The City Manager will be gxanted the same number of holidays as other management (exempt) employees of the City. B. Upon employment, the City Manager will receive a two week bank of vacation leave and will be given credit for ten (10) years of service,and,in accordance with City policy, the City Manager will accrue vacation time at the rate of thixteen and one-third (13.33) houts per month to accrue until the maxirnum allowed per City policy is reached. This particular policy will not apply to longeviry pay. C. Upon employment, the City Managex will receive a one hundred sixry (160) hout (4 week) bank of sick leave. The Ciry Manager will accrue sick leave in accordance with the City rate of 12 houxs per month to be used against the sick leave bank and continue to accumulate to the maximum allowed by City policy. Section 10. No Reduction of Benefits. Ciry shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health,life,dental,and vision insurance coverages at the same rate as other management exempt employees. As per City policy,the City will pay 75% of premiums fox health insurance for the City Manager and his dependents, 75%of the single premium towaxd all plans for dental and vision coverage, and 100%of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition, the City will offer City Manager participarion in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager's sole expense. 428 B. City shall furnish and provide City Manager with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System. In addition,the City shall also contribute three (3%) percent of City Manager's compensation to a deferred compensation plan selected by the City Manager. Section 13. Automobile. The City will provide the City Manager a car allowance of Three Hundred Dollaxs ($300) per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. Section 14. Dues, Conferences, and Subscriptions A. City agrees to budget and pay fox dues and subscriptions of City Manager necessary for his membership and full participation in national,regional, state, and local � associations/organizations desirable for his continued professional growth and advancement,and for the good of the City. B. Within budget considerations and Council approval, the City hereby agrees to hudget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City,including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, xegional, state and local governmental groups and committees for the good of the City. C. Ciry also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses,institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Ex�enses A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay direcdy such membership fees. B. The City shall reimburse City Manager for all employment-related expenses,�including, but not limited to meals,cost of xegistration,travel and mileage and any other subsistence costs relating to the conduct of Ciry Business. C. A City cell phone will be provided,however,if City Manager desires to use his personal cell phone, he shall be reimbursed the sum of Twenty-five Dollars ($25.00) per month. City- related phone calls received on City Manager's personal cell phone will be reimbursed if city- related calls result in overages on personal cell phone service. . Section 16. Indemnification. City shall defend,hold harmless and indemnify City Manager against any tort,professional lia.bility claim or demand or other legal action,whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and setde any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds xequixed of the City Manager under any law or ordinance. Section 18. Sus�ension and Termination. The City Manager may be suspended by a resolution approved by the affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed termination ("removal"). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing. The City Manager may request and shall be afforded a public , hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager's terminarion. After the public hearing,if one is requested, the City Council, by the affirmative vote of four (4) of its total membership, may adopt a final resolution of termination. T'he City Manager shall continue to receive full salary until the effective date of a fmal resolution of termination of employment. Section 19. Termination and Severance Pa� A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City,with or without cause, at any time. 429 B. Should the Council terminate the City Manager's employment without cause during any year of employment, the City Manager will receive s� (6) months of notice or severance compensation. In each instance, the Council will have absolute discretion as to whether to provide advance notice or to provide severance pay. City Manager shall also be compensated for all remainitig accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level paytoll. Severance compensation shall include all benefits provided in this Agreemerit. The obligation to pay severance compensation, howevex,will terminate when the City Manager has obtained a position of comparable responsibility and compensation. C. In the event the City Manager is terminated for cause or for a conviction of a cruninal offense, then,in that event, the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include,but are not limited to: (1) City Manager willfizlly and continuously fails or refuses to comply with the terms of this Agreement or the policies, standaxds and regulations of the City as are from time to tune established; (2) City Manager shall be found guilty of fraud, dishonesry,misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent,limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation In the event City Manager elects to voluntarily resign or retire,he shall give the City fourteen (14) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Employment The City, following consultation with the City Manager, may esta.blish any such other tertns and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time;provided, that such terms and conditions are not inconsistent with ox in conflict with the express provisions of this agreement, the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first xeduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager,upon request, shall provide the City's risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of City Manager The duties and responsibilities of the 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 City of Brookings, and such policies as shall be adopted from time to time by the City Council.The duties and responsibilities of the City 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 city manager's charge by or under this Agreement and the City Charter. The Ciry Manager shall: a. Appoint and,when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Chartex. The City Managex may authorize any administrative employee or officer subject to the City Managex's direction and supervision to exercise these powers with respect to subordinates in that employee or officer's departtnent, office or agency; b. Direct and supervise the administration of all departtnents, offices and agencies of the City, except as otherwise pxovided by the Charter or by other applicable law; c. Attend all Ciry Council meetings. The City 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 at City Council meetings; d. See that all laws,provisions of the City Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the City Manager's direction and supervision, are faithfully executed; e. Prepaxe and submit the annual budget and capital progxam to the City Council; 430 f. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Managex deems desirable ox the City Council may require; g. Submit updates annually on the date specified by the Ciry Council a five-year financial plan in such form as the City Manager deems desirable or the City Council may require; h. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; i. Make such other reports as the City Council may require concerning the operations of City departments,offices and agencies subject to the City Manager's direction and supervision; j. Keep the City Council advised as to the financial condition and future needs of the City; k. Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk,but no warrant shall be issued until the claim therefore has been approved by the Ciry Council, except as may be otherwise provided by ordinance or resolution; 1. Be the personnel director of the Ciry; m. Make recommendations to the Ciry Council concerning the affairs of the City; n. Provide support staff to assist the Mayor and other Council members;and o. Perform such duties as are specified in the City Charter or as may be requixed by the City Council. Section 24. General Provisions. a. 'This Agreement shall constitute the entire agreement between the parties. b. This Agreement shall be binding upon and inure to the benefit of the heirs �nd executors of the City Manager. c. Except as expressly pxovided herein,neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. d. Should any provision of this agreement or any portion thereof,be held unconstitutional, invalid, or unenforceable,the remainder of this agreement shall be deemed as severable, shall not be affected and shall remain 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. (Bartley o�Zine at 6:19 p.m.) 18`Reading—Ordinance No 36-07—animated signs temp zoning controls First Reading was held on Ordinance No. 36-07, an ordinance renewing Ordinance No. 36-06 for one (1) additional year and pertauung to an Ordinance amending the Zoning ordinances of the City of Brookings by establishing temporary zoning controls concerning animated signs. Public Hearing: November 27,2007 � 1"Reading—Ordinance No. 32-07—Boardinghouse First Reading was held on Ordinance No. 37-07: an ordinance approving a conditional use permit to establish a boardinghouse for four (4) persons on the east five feet(5') of Lot 6, all of Lot 7,Block 10, Morehouse Addition (725 9th Street). Public Hearing: Novembex 27,2007 � 2°d Reading—Ordinance No. 32-07—Speed Zones A motion was made by Whaley, seconded by Thomson,to apptove Oxdinance No. 32-07: An Ordinance Amending Article V of Chapter 82 of the Code of Ordinances of the City of Bxookings and Pertaining to Speed Zones with Certain Amendments Thereto. All present voted yes;motion carried. 2"a Reading—Ordinance No.33-07—rezoning, A public hearing was held on Ordinance No. 33-07: An ordinance rezoning the east 300 feet of the SE '/a of the SW '/a of Section 36-T110N- R50W from an Agricultural A District to a Residence R-1B District. No public comments were made. A motion was made by Brunner, seconded by Reed, to approve. All present voted yes; motion carried. 2"a Reading—Ordinance No 34-07—rezonin� A public hearing was held on Ordinance No. 34-07: An ordinance rezoning Nelson Third Addition and Lot 1,Block 1 Nelson Fourth Addition from an Agricultural A Disttict to a Residence R-1B Disttict. No public comments were nr}ade. A motion was made by Thomson, seconded by Whaley, to approve. All present voted yes;motion carried. (TABLED) 2"d Reading—Ordinance No. 35-07—rezonin� Public hearing was held on Ordinance No. 35-07: An ordinance rezoning Block 2,Nelson Fourth Addition excluding Lot 1 and the SW '/4 of Section 36-T11-N-R50W excluding the SE '/a and excluding the remaining platted 431 areas thereof from an Agricultural A District to a Residence R-3 District and Business B-2 and B-2A Districts. 1'u6lic hearing: Dan Han.ron, Planning and Zoning Administrator, .caid the petitionerr u�ere unable to attend the meeting due to a late conflict and have a.rked if there sva.r public te.rtimony to table the is.rue to November 27'�'tvhen they could be here in per.ron. Darrin Daggitt, 1134 Yorktoum Drive, .raid one of the i,r.rue.r brought up i.r that there i.rn't a bu�fer betu�een Yorktou�n Drive and thi.r�iropo.red re�oned area. According to what he learned from Dan Han.ron and the Planning Com�nis.rion, thi.r property is�oned K 1 but zvith B2 rule.r. The nezv area�ould be I�3 u�hich�vould re.rult in tavo d�erent�one.r meeting at hi.r.routhern property line. He presented a letter to the City Clerk.rigned by all abutting proper2y ownerr oppo.red to the re�oning. Becau.re there i.r no buffer, they recommend the area be re�oned to allow for 1 S'h Street to act a.r a buffer. Public Hearing Clo.red. A motion was made by Whaley, seconded by Brunner, to table to November 27``'. All present voted yes;motion carried to TABLE. Discussion with possible action on strategy on upcoming legislation. Munsterman asked the Council to consider the possibility of the city hiring a lobbyist to look at the upcoming issues on the liquor bill and the tax financing district for a rail corridor. Britzman said there is a 20 yeax old Attorney General opinion on the subject but knows of no further guidance. He recommended the Council delay action until he could research the issue. Munsterman noted that Chris Nelson, Secretary of State, saw no ptoblems with the city hiring a lobbyist. Munsterman reported that he spoke with Todd Meierhenry, Sio�Falls bond attorney,about drafting legislation for a rail corridor tax increment fmancing district. He would chaxge up to$2,500 to write the legislation. Munsterman requested authorization to move forwaxd on hiring Meierhenry. A motion was made by Thomson, seconded by Brunner, to authorize up to$2,500 to hire Todd Meiexhenry to write legislation pertaining to the rail cortidor financing district. Discussion: Whaley suggested the Council hold a joint meeting with the county and regional mayors to seek participation before proceeding. Munsterman said he has talked to the regional mayors and the county about the rail authority concept. There was limited interest at this time,but they may want to be more involved later. Britzman clarified that Meierhenry is an attorney that would be hired to draft legislation revisions of tax increment financing and would not be retained for lobbying. He estimated at least 30 days would be necessary to research and draft the bill. On the motion, all present voted yes except Whaley voted no, motion caxried. Discussion and possible action regarding the City's Research and Technology Center rental rates. A motion was made by Whaley, seconded by Reed, to table to Decembex 11`h. All present voted yes;motion carried. Action to a��rove evaluation of a new on-site airport alternative Depury Mayor Reed took over as chair of the meeting for this item. Jackie Lanning, City Engineer,reviewed that the City Council held a work session on Octobex 23, 2007 to discuss sevexal airport issues. At that meeting,representatives from Heltns &Associates and HNTB Corporation presented a modified on-site alternative that had not been previously presented. This modified on-site alternative included,in part, changes to the Instrument Landing System and Crosswind Runway 17-35 as well as improvements to the taxiways. The consultants axe preparing estimated construction costs for: ■ Modified Onsite Alternative (ILS changes,reconstruct Crosswind Runway and taxiways) • Onsite Alternative (reconstruct Runway 12-30) ■ Offsite Alternative (new airport site) The modified on-site alternative has been added to the City Council agenda to allow for further discussion and possible action. Approval of this action item would add a task to the scope for the overall Envitonmental Assessment process to allow for further evaluation of the new on-site airport alternative. If this action item is approved,in February of 2008,representatives from Helms and 432 Associates and HNTB Corpoxation would present information for all three of the alternatives. After receiving this information, the Brookings City Council would decide to move forward with the Environmental Assessment on the xealignment and relocation alternatives, or solely on the new on- site airport alternative. If this action is not approved, the Environmental Assessment will continue to move forward with the evaluation of the on-site realignment alternative and the off-site relocation alternative. It is important to note that the Environmental Assessment process will be delayed if the modified on-site alternative is approved for further evaluation. Representatives from Helms &Associates and HNTB Corporation will present the information to the Ciry Council. Notices were sent by first- class mail to the landowners shown on the enclosed mailing list, as well as Brookings County Commissioners, Brookings Township Commissioners, and Trenton Township Commissioners alerting them of this meeting. Thomson asked if funding would be jeopardized if the city paused on the environmental assessment. No,however,it's a good idea to follow the E.A. recommendations. Preliminary cost estimates for onsite and offsite alternatives: 1) New alignment on e�sting site with a 10-year window rather than 20-year is $13M with a city share of$2.3-3M,2) New onsite alternative is very comparable costs with the existing runway reconstructed in 10 years at 5,200'instead of 6,000' and a new crosswind,$13M with $2.5-3M city share, 3) New offsite airport is the most expensive initially at a 20-year plan for$28M and$23M in a 10-year window with city share at$10M, however there would be 578 acres available for sale. Average value is $20,500/acre. There may be some limitations to what the city receives from the FAA. The city may have to front end funds and may not be reimbursed. Thomson asked for clarification for realigning the crosswind runway. 'This is due to RPZ problems. A new alignment would shift the crosswind and eliminate accident potential. Robb Sexauer,Airport Boaxd President,said the Boaxd was first advised of this alternative on October 22"d and was then presented to the Council on October 23`d. He reported that the Board is adamandy opposed to this new onsite alternative because it land locks the airport with dirninished use. T'he Board doesn't believe the City of Bxookings needs an antiquated aixport with no potential for growth,particularly when we're trying to bring in more industry. This plan is not looking to the future. The Council has two viable alternatives to consider and many volunteers put in a lot of time on those plans. To now consider this onsite alternative would be a slap in the face. He noted that the volunteers were not asked for their input on this option. It's already a convoluted process and arduous to understand. If the right decision takes longex, the Board is not opposed, but . consideration of this option is a very bad decision. He urged the Council to consider the two alternatives currendy undex environmental review. Harry Forsyth,Airport Board member, also noted that safety is a concern with the new�onsite alternative because there are less landing lights, shortened RPZ, and raised minimums from '/z to 3/a. As time goes by, airplanes will get faster so shorter runways with less RPZ approach doesn't make sense. This alternative would also lock in the FAA money and the airport couldn't move. He reiterated that the Board was opposed citing to study it would he a waste of time and money. Igor Sergeev, 1115 West 8`�Street South,recommended the Council consider the new alternative to help solve safety issues. Bob Forney,Trenton Township, said he like to see the bare mir,imum cost spent to get the airport into compliance. He questioned if the FAA could make a paperwork change on this issue. He didn't feel it made sense if the industry was moving towards lighter, faster jets. Maybe a 6,500' runway isn't needed. He also expressed concem that the City is banking on the FAA for funding, and if it doesn't take the money now it won't receive anymore for 20 years. He recommended the Council look at baxe minim�s to bring the airport into compliance. Robert Lees,a trustee of property proposed in the new offsite, said the ownexs are not interested in selling for the airport. Maria Kurtenbach-Cooper expressed concern about the length of the process and urged the council to carefully review all the options, because their business and livelihood hang in the balance. 433 Duane Bymers cautioned that the Council hasn't thought about what the taxpayers are going to be willing to pay for. He said it was almost a guarantee that whatever the Council decides will be put to a vote. He recommended the Council exhaust all the possibilities at the e�cisting location,because the public won't buy the big expensive option. Thomson asked if the city has surveyed the local corporarions who use jets or may consider using jets as to what criteria they needed now and in the future. ACTION: A motion was made by Brunner, seconded by Whaley, to continue with the dual track envixonmental pxocess and take the othex issues separately. AMENDMENT: A motion was made by Whaley to amend to evaluate the new onsite plan. Failed for lack of second. TABLE: A motion was made by Thomson to table to December 4`''. Failed for lack of a second. On the motion, all present voted yes;motion carried. ACTION: A motion was made by Whaley, seconded by Thomson, to continue with the dual track study, assess the new onsite alternative,get maxket values and move forward. Discussion: Brunner said he didn't like the new alternative and didn't see where it will help. The City would need to redo the runway and spend a large sum of money. The City is hoping to obtain a federal grant because we need to invest in the airport. This option would be less safe and landlock the airport for future growth. Aftex listening to testimony from the airport board,he doesn't see putting money, time, or pexsonnel into this option as beneficial. Whaley said the Council has been looking at this issue for a long time and noted geographic and development consttaints in various dixections. She feels it is time to move forward so everyone knows what the plan will be and move ahead. Reed said there is an onsite altexnative that is feasible, safe,and doesn't limit the length. He felt the other alternative would be wasting time and money. On the motion,Thomson and Whaley voted yes,Brunner and Reed voted no,Munsterman abstained. Motion Failed. Whaley urged the Council to reconsider stating in her opinion there was no way a new$30M airport would pass by the voters and we are jeopardizing a bare minimum option that would fix the problems. Reed noted that the other onsite realigntnent is the same cost as the new alternative presented. Britzman interjected that the Council either move to reconsider this issue or move on to the next agenda item. � Whaley again urged the council to reconsider and take a hard look at this option. Brunner said there are enough people that feel strongly about this option. He personally doesn't think it's a viable proposal;however, since the council action will be referable there's the possibility of ending up with nothing. It would be good to still have this as an option available to the City. However,if xeferred,having multiple options can't be a bad thing. RECONSIDERATION: A motion was made by Brunner, seconded by Reed, to move to reconsider. All pYesent voted yes, except Munsterman abstained,motion carried. On the previous motion, all present voted yes, except Munsterman abstained,motion carried. Mayor Munsterman took ovex the meeting. Action to a��rove a Letter of su,�port for the SDSU Enterprise Institute—EDA a�plication for grant funds and rec�uire cit�sup�ort for the ap�lication A motion was made by Reed, seconded by Thomson, to approve support for the SDSU Enterprise Institute. All present voted yes. Motion caxried. Presentation of Lic�uor Store Ouarterly Financial Re�orts Bill Purrington presented quarterly fmancial reports and responded to questions. The store experiences a$300,000 increase in sales. Council members felt clarification on where the override is listed in the reports is needed. Members 434 also asked for additional information on the store's gross profit margin, future marketing plans, and xeporting of previous years. � Presentation of 2006 Audited Financial Reports for the citv of Brookin�*s Dick Ellis,with Wohlenberg,Ritzman, Co.,LLC,reviewed the audited financial reports. He noted that this was the first time that the auditor did not write the financial statement,it was done by the finance manager and his office provided the opinion. The preliminary draft was sent to the Departrnent of Legislative Audit. Deficiencies noted were: 1) Investments related to Gilford Securities, 2) commercial paper investtnent, 3) accounting for capital leases. These issues have been recognized and will be corrected in the future. The final report will issued within the month. Ad�ourn. A motion was made by'Thomson, seconded by Brunner, to adjourn. All present voted yes;motion carried. Meeting adjourned at 9:01 p.m. City of Brookings G�tY•�FBR o�r'''��RP��.� cott . unsterman,Mayor o� '�• :v� z� l¢�9 t'�'.,� ,`e oq''�•, � P ! � V% Shari Thornes,City Clerk