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HomeMy WebLinkAboutCCMinutes_2009_09_22 46 � Brookings City Council September 22, 2009 The Brookings City Council held a meeting on Tuesday,September 22,2009 at 5:00 p.m.,at City Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley,John Kubal, Mike McClemans, Mike Bartley, Jael Thorpe, and Tom Bezdichek. City Manager Jeff Weldon,City Attorney Steve Britzman,and City Clerk Shari Thornes were also present. Presentation by Habitat for Humanity on "Brush of Kindness" Program. Connie Swain, Executive Director for the Brookings Area Habitat for Humanity spoke about their newest initiative called "A Brush with Kindness." ABWK is a home renovation program for low-income homeowners, elderly and disabled who are unable to keep up with the exterior maintenance of their home. Policy Discussion regarding the Rossible pre-screening of economic development requests. This item is on the agenda pursuant to a request made by Council Member McClemans on July 14, 2009. McClemans noted that applications for city funds are due by June 15�' annually prior to the budget process. He suggested that someone in economic development conduct an analysis of those applications with respect to what is being requested and outcomes involved of the applications. He further suggested that analysis and recommendation and plan be provided to the City Council. He's looking for more substance and comparatives. Bartley asked if he's looking for more deve(opment of the request prior to coming to the City Council. He said the city manager has the ability to seek more information and make that recommendation. If the Council isn't getting enough information, then direct the manager and he can determine what additional substan�e and analysis is needed. Kubal noted that the City sees many economic development requests come forward with, in many instances, glowing promises. He's like to see some evidence, which may be difficult If a program or project hasn't been tried in Brookings, perhaps comparatives from similar sized cities. Whaley expressed concern about requests coming in after the deadline. The funding application process is publicized. Applicants submitting big capital requests after the deadline have had an expectation for the Council to completely change planning directions and find them money, putting everyone in an uproar. Those funding requests need to be brought forward through the City Manager and not have complete surprises, especially when others' funding is cut or not funded at all and then for the Council to hear and fund a late submittal. Bartley said there isn't adequate time for the Council to do all the fact finding and validation on these large projects. It takes time to handle them properly, that's why it's important that these requests are received on time and put into the future budget process to go through the necessary steps. That has been done in this case, but the confusion with the SDSU request is that the Council thought it was for 20 I 0 and that wasn't the case. Reed noted that in the National League of Cities and ICMA book, the role of the city manager also includes that of being the economic development person. However, in Brookings those are shared responsibilities and because of that sharing he'd like to see an interface between the city and BEDC where the BEDC weighs in on individual funding requests on how they relate to economic development strategy. McClemans said the process should seek a certain amount of neutrality and lack of duplication. Maybe the economic development or BEDC director is leaning towards bringing people to town. If the City and BEDC coordinate, duplication will be reduced and we'll get more bang for the buck. Weldon said there are a variety of issues on the table. As for a policy and process on subsidies, the council adopted a comprehensive and detailed policy on subsides including criteria. The process involves the Council getting a full copy of everything that has been submitted. Some 465 appfications involve economic development and some don't. Applicants are not generally invited to make presentations. However, there was a deviation with the Performing Arts Center request because it was so unique. As part of the city manager's budget proposal, he will make a recommendation on funding on all applications submitted. His recommendation will indicate how he feels each funding request fits into the city's budget and mission. He's unclear if the Council wants that process changed. Weldon said he works closely with the BEDC on tax increment projects, land and building purchase requests, and anything else economic development related. The City's community development director and city engineer also attend BEDC meetings and provide an additional level of input and understanding on each economic development project. As to neutrality, Weldon said it's his job as chief policy advisor to make recommendations on each issue and the Council wouldn't want him to be neutral. He has an obligation to give the facts and his recommendation on how each issue and project would affect the City. Review of the subsidy policy occurred within the last two years. He said Performing Arts Center funding request followed the same process, but the funding isn't for 2010, so there's some breathing room. McClemans noted that the city has limited funds and limited bonding capabilities with many heavy issues still out there facing the city. He doesn't have a problem with spending money on campus, but is not sure to what degree is appropriate. Reed asked if there was any specific action desired at this time or if there's specific information council members feel they aren't getting. There needs to be consistent agreement on what everyone needs when a project comes through. The City Manager is following the City Council's current policy. Is a review and possible revision desired? Weldon said all applications are put on the disk and provided to the Council. All members have an opportunity to weigh in on every application submitted. He and city staff try to anticipate Council questions and he tries to provide information in a comprehensive manner without making it overwhelming in order that the Council has enough information to make good decisions. If he is falling down on that, he would need to know that as well. McClemans said the City Manager is not falling down in that area and the Council has a subsidy policy and an application in place. However, the manager may need more direction from the Council in allocating what type of funding should be brought forward. He suggested more planning be done on the use of the 25/75% second penny sales tax funds. Weldon noted the city finance manager has assembled financial projection charts to anticipate cash flow, revenue and projects which may be helpful to the Council in addressing some of those issues. ACTION: A motion was made by Mayor Reed, seconded by Whaley, that at a future Council meeting before the end of the year, the Council review 2"d penny and subsidy application process. All present voted yes; motion carried. City/Count�loint Facilit� The Council held further discussion regarding the City's space needs to include the County Resource Center space at the Swiftel Center and co-locating county and city administrative buildings. Reed said Council needs to decide if they are interested in co-locating and if they are, how much would be needed to go through the process and the timeline. Bartley said there is interest in the community for a one-stop government center downtown for convenience and customer service. The decision now is if the city wants to join forces with the county. There'd be a lot of hard work involved to accomplish this, but he thinks it's a good plan and the City should move forward. There is a pressing need for law enforcement and he thinks it would be beneficial to make a decision before it becomes critical. Reed noted there are two sites under consideration for a joint facility. Both could become unavailable. Bartley said the City would need to be serious and move forward. One location is the back half of the 300 block of Main facing 5`h Avenue. The other spot is the 500 block of 46 � Third Street on the south side to the alley. AI Heuton's task force looked at four sites that also included the senior citizen center, the 1921 building, and the 5`h Street Gym. Kubal asked if the proposal would be all or nothing. Would the facility include all administrative services from both governments? He wasn't sure if there's enough similarity in functions between the two. He could visualize a phased in approach. The collocated law enforcement center makes sense to him. He did note that many county seats through the nation have combined with municipalities, but wasn't certain that it all has to go in one big movement. A justice center would be an incredible first step. McClemans said he didn't feel he could make a decision to co-locate without knowing the cost of the expansion. He's not opposed to collocation, but not until he knows costs. Reed asked McClemans if he would support the project if the information came back as positive and it saves money. McClemans said yes, with a sensible cost. Whaley said the City has approached the county for last 2 %z years about this issue, but the County has had plans and meetings and they are much further down the road. She is very opposed to a joint facility and feels the city should continue with its own projects. The County is in a rush and the City doesn't rush. She's in favor of building to the north adjacent to the current city hall and expand the police into the current city hall building. Thorpe agreed that the City needs to know the financial details, but in general would be in favor of a collocated facility. She noted it would be very complicated but would save overhead and there'd be more opportunities for idea sharing with all the staff in the same place. Bezdichek thinks it would be difficult for the city and county to orchestrate a collocation and he leans towards the city going forward with their own plans. Bartley encouraged the Council to think outside the box. He said they can do all kinds of different things if they can get over idea that we have to be separate. ACTION: A motion was made by Bartley, seconded by Bezdichek, to move forward with a co- located facility with the County and City on office space, but also law enforcement; planning within one year Discussion: Reed was concerned that the Iaw enforcement piece would muddy the waters. Bartley said he thinks it's a critical need. Kubal agreed that law en forcement was the primary need and should start there be fore looking at basic administrative needs. On the motion, Bartley and Reed voted yes; Bezdichek, Kubal, McClemans, Thorpe and Whaley voted no; motion failed. ACTION: A motion was made by Mayor Tim Reed, seconded by Council Member Mike McClemans, to move forward with a co-located facility with county and city on administrative office space, planning to occur within one year and all sites will be evaluated during the process. Vote: Whaley, Bezdichek and Kubal voted no; Bartley, McClemans, Reed and Thorpe voted yes; motion carried. City Council Member Ex-Officio Reports. Whaley reported that the Hospital purchased land to the south. She updated on the building project and the timeline is tight with proposed groundbreaking on November I S` Whaley also reported that the long term care board met and should have their report completed by October 315L 6:00 P.M. REGULAR MEETING. Consent Agenda. Action on the auditing services contract with BKD, LLP and action on Resolution 92-09 were removed from the consent agenda. A motion was made by Thorpe, seconded by McClemans, to approve the consent agenda: A. Action to approve the agenda as amended. B. Action on Resolution No. 86-09, directing Preparation Of Assessment Roll, Dividing Assessments Into Installments, And Providing For The Collection Thereof For Street Assessment Project 2008-03STA (Downtown Streetscape Project). 467 Resolution No. 86-09 Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof for Street Assessment Project 2008- 03STA Downtown Streetscape Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: I. More than twenty days have elapsed since the adoption and publication of Resolution No. I I-08, A Resolution of Necessity for Street Assessment Project No. 2008-03STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No. 2008-03STA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in her office showing the total cost of said improvement as follows: Assessment cost of $288,583.27, Engineering, inspection, fiscal, legal expense, publication of$17,314.99 for total expense of$305,898.26. 4. The total cost of said project is as follows: Bid Schedule No. I Base Bid - $3,687,292.50; City Assumed Cost of$3,398,709.23 and Assessment Cost $288,583.27 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefiu upon each lot or tract of land contiguous to the sidewalk constituting said improvement. 6. The assessment shall be divided into ten (I 0) equal annual installments. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is zero percent (0%). C. Action on Resolution No. 87-09, Resolution Awarding Bids For Airport Fuel System Removal and Site Restoration Project. Resolution No. 87-09 Resolution Awarding Bids for Airport Fuel Tank Removal and Site Restoration Project Whereas, the City of Brookings opened bids for the Airport Fuel Tank Removal and Site Restoration Project on Tuesday, September 15, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for the Airport Fuel Tank Removal and Site Restoration Project: V�Ahlers Excavating, Inc., Brookings, SD at$56,357.70 and Prussman Contracting, Inc., Brookings, SD at$101,869.40. Now Therefore, Be It Resolved that the low bid of VJ Ahlers Excavating, Inc., Brookings, SD for the Airport Fuel Tank Removal and Site Restoration Project in the sum o f$56,357.70 is accepted. D. Action on Resolution No. 88-09, Concurring in the Placement of Stop Signs at the intersection of 7th Street and 6th Avenue. Resolution No. 88-09 Concurring in the Placement of Stop Signs at the intersection of 7`'' St. and 6�' Ave. Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. 46 � Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of stop signs on 7`h Street at its intersection with 6`h Avenue. E. Action on Resolution No. 90-09, A Resolution Authorizing Change Order No. 1 (CCO#I) for 2009-085T1, Street Maintenance and Overlay Project, Bowes Construction, Inc. Resolution No. 90-09 A Resolution Authorizing Change Order No. I (CCO#I) for 2009-08STI Street Maintenance and Overlay Project Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2009- 08STI Street Maintenance and Overlay Project: Construction Change Order Number I: Cold pavement concrete milling for a total increase of$1,271.48. F. Action on Resolution No. 9 I-09, A Resolution Authorizing Change Order No. I (CCO#I) for 2009-025TA, 15th Street South, Camelot Drive and Christine Avenue Assessment Project, Bowes Construction, Inc. Resolution No. 9 I-09 A Resolution Authorizing Change Order No. I (CCO#I) For 2009-02STA I 5th Street South, Christine Avenue and Camelot Drive Street Assessment Project- Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2009- 02STA I 5�' Street South, Christine Avenue and Camelot Drive Street Assessment Project: Construction Change Order Number I - Remove 4' of Curb and Gutter, unclassified excavation, repair of a water valve and change of asphalt from Class G Type I 85% quartzite to Class G Type I for a total decrease of$I,486.64. G. REMOVED FROM CONSENT - Action to authorize the City Manager to sign a contract for auditing services with BKD, LLP. H. REMOVED FROM CONSENT -Action on Resolution No. 92-09, a Resolution Authorizing City Manager to Sign an Agreement for Federal Aviation Administration Grant, AIP Project No. 3-46-0005-22/2009, Conduct Wildlife Hazard Assessment. On the motion, all present voted yes; motion carried. Audit Services. A motion was made by Reed, seconded by Whaley, to authorize the City Manager to sign a contract for auditing services with BKD, LLP. All presen�voted yes; motion carried. Resolution No. 92-09. A motion was made by Kubal, seconded by Bartley, to approve Resolution No. 92-09, a Resolution Authorizing City Manager to Sign an Agreement for Federal Aviation Administration Grant, AIP Project No. 3-46-0005-22/2009, Conduct Wildlife Hazard Assessment. Council Discussion: Bezdichek was under the assumption this was the previous Wildli fe Hazard Assessment Weldon stated they were able to secure some additional funding for two projects: 1) to help pay a portion o f the increase in the contract, and 2) pay for the Wildli fe Assessment This documentation is accepting a grant in the amount o f 95% of'the cost of the project, totaling$55,822. The State's share will be $I,175 and the City's $I,763. This study is a result o f the bird strikes on aircraft at the airport in the past, and is independent of the Environmental Assessment Mike Wilson, Airport Manager, stated the $44,880 in the 20 I 0 Budget is for USDA Wildli fe Services to perform the Wildlife Assessment However, FAA funding does not allow federal agencies to condud this study if private entities are available. There are only seven people in the nation eligible to do this type 469 o f study; one o f which is located out o f Aberdeen. Not being able to use the USDA for the study plays a part in the increase in cost Bezdichek asked where it is stated this study is required to be conducted. Wilson stated the requirement is a result of the Hudson River crash. Following that incident, a national review o f bird strikes was done and it was found we had a geese strike in 2003 which caused substantial damage to an aircra ft. We also have had five strikes between 2002 and 2005 involving both seagulls and geese. This assessment should have been done at that time, but it was not. Bird strike information formerly was not made public. It is now public information. Bezdichek asked about the conclusions drawn from this study. Wilson stated one conclusion would be to remove all crop land from the airport and the second would be, along with the Wildli fe Hazard Management Plan, to specify what animals are a problem, and where the seagulls are located in the area. The Wildlife Biologist has been on site doing preliminary assessments. Visiting the Landfill and other seagull food sources will also be done. Wilson clarified crops, as soybeans are currently planted at the air�ort, would be re�laced with crops which do not attract birds and s�ecific warm-season grasses. In essence the cropland would be converted to hay land. Bezdichek questioned i f a Wildli fe Assessment Study had been done previously or if'this would be the f rst one conducted. Wilson stated all commercial service airports, and now general aviation airports, must have these studies conducted. Bezdichek questioned i f other airports in South Dakota, such as Sioux Falls or Watertown, have had these studies done, and why would the FAA want to s�end additional money to conclude a possible answer they already have such as which crops do not attract certain birds. Wilson stated each study is speci fic to the individual airport and there are certain crops local wildli fe pre fer, and this will also �rovide ways to control the wildli fe in our area. Bezdichek questioned i f no other stote study could be used for these conclusions. Wilson stated Brookings is unique with Six Mile Creek being within I,000 feet of one of the runways and there are no other South Dakota airports with water that close. Bezdichek stated his frustration lies with the FAA and how they frivolously spend money. This study will not be com�leted for another 12 months. He has lost most all competence in the FAA and will not support any required studies or mandates from them. Weldon clari fied this grant will take the place o f the $42,000 budgeted in 2010. The bird strikes at the Brookings airport were found by the sa fety o�ce in Chicago. This study must be done, in order to keep in obligation o f the airport grants received in the past Kubal asked who will bear the cost and what will be the outcomes, especially with the predetermined outcome of a Wildlife Hazard Management Plan. Wilson clarified the cost of the plan itself is included in this projec� but, any costs that the Wildli fe Hazard Management Plan finds that we need to change, will be city costs, such as cropland, or putting the hay in instead of the cropland. Bezdichek does not believe the Brookings airport is so far dif�'erent than any other airport in South Dakota, and the in formation obtained by the FAA could not reasonably be used for our airpor� but instead $58,760 will be spent on this study. Kubal agrees it looks as i f there is a foregone conclusion, before the money is even spent, that they are going to say there is a wildiife hazard and we need to manage it. Kubal questioned what would happen i f we re fuse to do this study. Wilson stated i f this study isn't done, we wouid probably lose our federal funding and we would still have to conduct the study for a cost o f$45,000. In the worst case scenario we would be fourad in violation o f the airport grants received over the past 20 years and it could go as far as repaying every grant received as well as ; no longer having a federally funded airport. Kubal said it sounds like the better thing to do here is to � spend the money and condud the study. On the motion, all present voted yes, except Bezdichek and McClemans voted no; motion carried. Resolution No. 92-09 Resolution Authorizing City Manager to Sign an Agreement for Federal Aviation Administration Grant - AIP Project No. 3-46-0005-22/2009 Conduct Wildlife Hazard Assessment Whereas, the Brookings City Council desires funding to Conduct Wildlife Hazard Assessment for Airport Improvement Project No. 3-46-0005-22/2009; and 47 � Whereas, The City of Brookings is obligated to and hereby agrees to be reimbursed by the Federal Aviation Administration for 95% and SD State Aeronautics Department for 2% of the allowable costs incurred in accomplishing Airport Improvement Project No. 3-46-0005- 22/2009; and Whereas, that Federal Aviation Administration is hereby requested to authorize Airport Improvement Project No. 3-46-0005-22/2009 in accordance with the approved grant agreement. Now, Therefore, Be Resolved, that the City Manager is hereby authorized to sign all documents related to an agreement for the Federal Aviation Administration Grant AIP Project No. 3-46- 0005-22/2009. I 5` Readin.g— Ordinance No. 23-09. A first reading was held on Ordinance No. 23-09, an Ordinance to Change the Zoning within the City of Brookings for the North 320 feet of Block I I, McClemans Addition from a Residence R-I A District to a Residence R-3A District. Public Hearing: October 13, 2009 I S` Readin�— Ordinance No. 24-09. A first reading was held on Ordinance No. 24-09, an Ordinance to Change the Zoning within the City of Brookings for Lot 9, Block 2, University First Addition from a Residence R-3 District to a Business B-2 District. Public Hearing: Odober 13, 2009 Znd Reading— Ordinance No. 2 I-09. A motion was made by Bartley, seconded by Whaley, to approve Ordinance No. 21-09, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2010 Fiscal Year and providing for the annual tax levy and annual tax for all funds. Council Discussion: Bartley thanked city staf�'for iheir work and e�'ort put into the budget process. Reed expressed concerns with the sustainability o f the current budget into the future as the choices made today build on last year's budget Taxable sales from January through August were down 3% and he hopes it will be less than 5� by end o f year. He is concerned, as the first reaction to a down period is cutting capital and doesn't see this as a most wise decision. More expenses are created when capital is cut; equipment needs to be maintained if cannot aff'ord to replace. This causes what Reed explains as a large bubble. For example, the Street Dept equipment requirements in the next year is four to five times what is being done this year and is not financially feasible to do over one year's time. When something is put of�'over time, it is still there and becomes this bubble continually being pushed out If the second�enny money is eroded from the general fund, our improvements and investment ability in the large scale could be lost Investing has allowed the growth in sales and property tax bases. 1 f the second penny money is taken out, it is similar to cutting the Swi ftel Center subsidy and allocating those funds to the Forestry DepL or the Library. Reed questioned three dif�erent Capital Items and if they could be put of�for a year: 1) the concrete floor and turf mats in the Larson Ice Arena, 2) Swiftel Center Arena Lighting, and 3) automated irrigation at the Gol f Course. Weldon answered the issue o f the concrete floor and tur f mats in the Larson Holding Barn is driven by requests from the Soccer Association to have an indoor practice facility. There have been some sta f�'discussions o f a partnership in such a projecrt. The Swi ftel Center Arena Lighting includes a rollover of funds from the past two years for a total of$60,000 which wasn't spent, as it was known on improvement was needed in the lighting of the facility. The automated irrigation system at the Gol f Course is a prudent thing to do. Enterprise operations should be financially self su�cient if you can get them to that point and should be able to repay their ca�ital improvements. AMENDMENT: A motion to amend was made by Reed, seconded by McClemans, to consider the $170,000 expenditure for the Golf Course Automated Irrigation System loan paid back in four years or in a time determined by city staff, being no more than 10 years. Friendly amendment: Reed amended his motion to include `according to state requirements' and the second agreed. 471 Discussion: Bartley questioned i f there was any interfund loans similar to this involving other departments. Weldon answered there is an interfund loan from the Liquor Store to the Golf Course on seven Mowers which is an automatically scheduled repayment over five years. Rita Thompson stated an advance or a loan between funds cannot extend beyond more than f ve years according to state statute. This has been done previously with the Airport; involving an interfund loan from the landfill for air�ort equipment purchase. Weldon commented he would like some flexibility on being able to set up a re�ayment plan according to when the Golf Courses finances can sustain that repayment. Reed asked i f a loan could be forgiven. Thompson stated the loan could be forgiven. Britzman added the term could be to comply with state requirements for repayments over the duration o f the loan. Bartley clarified this $170,000 project is budgeted for next year and if'the budget would be reduced by $170,000. Reed stoted, no, it would be a payback. Bartley asked i f this was necessary since the budget stays the same. Reed feels it does, as it is an expenditure o f money this year. Bartley asked i f a Resolution would have to be done now or later as part o f the inter fund loan and the budget process. Thompson stated a Resolution would be done later on, as revenues and expenses are budgeted and this would be an asset and a liability. Bartley asked if it would be better of�to not include this in the budget process at this point, but make a Resolution later on for an interfund loan, Britzman added these are guidelines associated with the budget, and there is no reason why the budget couldn't be modified with this understanding at this time. It may not be crucial to the balancing of the budget, but it is something, if the council agreed that that was the plan or the guidelines for repayment that it could be appended to this budget with a motion. Weldon doesn't see any problem with having it as a budget amendment; it lays out the guidelines, but we would actually codify that in terms of a Resolution. Thompson stated a Section 8 could be added to the ordinance stating that would be a loan according to state requirements. Reed stated that is a prudent way o f working with the second penny money i f it can be �aid back from the funds that are using it. ON THE AMENDMENT #I: Bartley, Bezdichek voted no; Kubal, Thorpe, Reed, Whaley and McClemans voted yes. Motion passed. AMENDMENT#2: A motion was made by Reed, seconded by McClemans, to remove the $I 25,000 from the 5-year capital plan for the concrete floor in the holding barn. Discussion: McGemans asked Reed i f he wanted to remove it completely. Reed stated it could be pushed forward a year, but it doesn't seem as though there is a good plan for this yet It is one of those place-holders with no consensus o f what to do. Whaley stated as far as the floor goes, they could get the facility so practices could be held out there, and the restroom facilities could be something added later. Whaley doesn't see any reason to remove it from the CIP. McClemans is not sure pulling this f'rom the budget is necessary at this time. MOTION WITHDRAWN: Reed withdrew his motion. McClemans withdrew his second. Reed commented it is needed to look at the facilities plan for the Holding Barn Area and prioritize what needs to be done. Richter talked about the Swiftel Center lighting issues; wanting to be more efficient (green) and have brighter lighting for the competitions held in the facility. ON THE MAIN MOTION AS AMENDED, all present voted yes; motion carried. Ordinance No. 22-09. A public hearing was held on Ordinance No. 22-09, an Ordinance pertaining to an application for a Conditional Use for a taller broadcast tower height in the Business 6-2A District (tower height of 90 feet on Lot 6, Block I, Insbrook Park Addition, also known as 227 22"d Ave.). No public comments were received. A motion was made by Whaley, seconded by Bartley, to approve Ordinance No. 22-09. All present voted yes; motion carried. Proposed Sales Tax Legislation. The South Dakota Municipal League is encouraging municipalities to support legislative action to enact an additional penny sales tax. No action was taken. Executive Session. A motion was made by Whaley, seconded by Bartley, to enter into executive session for purposes of consulting with legal counsel employee contract negotiations 47 � at 7:23 p.m. with the City Attorney, City Manager and City Clerk present. A motion was made by Kubal, seconded by Thorpe, to exit executive session at 7:47p.m. Adjourn. A motion was made by Bartley, seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:49 p.m. CITY OF BROOKINGS �� C17y� F O�'�•• �N�O�•�� �: Ao:'�; ATI"ES �' �9� �`� F� Tim Reed, Mayor �n� '�tp� 9 0; � n�• � ;'� O•. , � �••••••... � �GrH DAK��P �hari Thornes, City Clerk �