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HomeMy WebLinkAboutCCMinutes_2006_03_14Brookings City Council March 14, 2006 The Brookings City Council held a meeting on Tuesday, March 14, 2006 at 4:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Michael Bartley, Julie Whaley (via phone from 4 to 5 p.m. and present from 6:47 p.m. to adjournment), Ginger Thomson, Tim Reed (present from 4 to 5 p.m. and 6 p.m. to adjournment), and Michael Reitz. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Reitz, seconded by Reed, to enter into Executive Session at 4:05 p.m. for personnel issues with the City Council, Whaley via telephone, and City Manager present. All present voted yes; motion carried. A motion was made by Reed, seconded by Bartley, to exit Executive Session at 5:00 p.m. All present voted yes; motion carried. 5:00 p.m. Work Session Reed and Whaley were not present for the 5:00 p.m. session. Board of Equalization Process. Briefing by Joyce Dragseth, County Director of Equalization, and Shari Thornes, Brookings City Clerk. Video Lottery Ordinance. On February 14, 2006, Garner Hansen appeared before the City Council to request a review of the local video lottery ordinance that limits the number of licenses in Brookings. He noted that his bar, Main Street Pub, is the only bar without a video lottery license. The Council took the following action regarding this request: ACTION: A motion was made by Reed, seconded by Reitz, to request the city attorney research this topic. All present voted yes; motion carried. The current ordinance and a memo from the City Attorney was provided to the Council. Steve Britzman, City Attorney, clarified that State law does not limit the number of video lottery licenses. The current limitation in Brookings is a local ordinance. State law provides guidelines for what can be considered in issuing licenses. State law allows any on -sale malt or liquor license holder to have video lottery. Britzman noted that Mr. Hansen's facility, Main Street Pub, currently allows minors access to the premises. Hansen said there are certain days where they hold events for anyone 18 and older, but the 18, 19 and 20 year olds are sectioned off from the bar area. He felt his business was no different than a restaurant with a video lottery license. Britzman said minors can't play the machines and state law mandates criteria that can be considered about physical proximity to video lottery machines. In 2001 the City Council established a local limitation on the number of licenses allowed based on population. Britzman noted that the Council has clear authority to limit the number of licenses and to set reasonable limits for licenses issued. The ordinance states it is based on population with periodic calculation updates. Have there been any changes to increase the number of licenses? It was noted that there are no limits by the state or city on the number of on -sale malt beverage licenses issued in Brookings. Tom Bozied said increasing the number of licenses has an economic impact on the quality of life. In 2001 the City Council made the decision to limit the number. Based on information at that time, the more licenses equates to more gambling rather than the theory that the same level of gaming is spread over more locations. Munsterman has gathered 3 to 4 years of data from the State Lottery Commission. Currently $10 million is gambled in Brookings, increasing an average of 3 percent per year for the last four years. The more access allowed the more usage. This reduces money being spent on retail and other areas. His opinion was video lottery has a negative impact on economic development and has always been opposed from a strictly economic perspective. 83 Hansen noted that video lottery provides funding for schools and other state programs and that 50% of the gaming is returned to citizens. A motion by Reitz, seconded by Thomson, to place this item on a future agenda for discussion. Bardey,Bezdichek,Reitz and Thomson voted yes,Munsterman voted no,motion carried. Ordinance First Reading Polic� Bezdichek expressed concern about the current procedure for first readings of ordinances. It is confusing for the public. He cited a recent newspaper article that � stated the city had given an approval to an issue;however,it was on a fitst reading which doesn't mean approval. There is also confusion between ordinances and resolutions. Resolutions don't require a second reading. He cited several other governmental entities that do not vote on first readings and recommended xeview of the curxent proceduxe. Bardey agreed that there is confusion when to take comments from the public and council. He suggested reading new ordinances at the fixst meeting noting when they would be scheduled for "second" ox"public heaxings." T'his would not require a motion and vote. No discussion from council or public would be allowed at the reading that would prejudice the issue. Britzman said the City has always taken gxeat care to xecord that two readings were held of an ordinance and previously a vote was needed to be documented that it took place. He agreed that the statute doesn't require voting twice. A motion was made by Bardey, seconded by Reitz, to direct the city attorney to dxaft a new poliry. All present voted yes;motion carried. March 14`�Agenda. The City Manager responded to questions pertaining to the action items on the agenda. Lanning noted that Resolution No. 26-06 would be added to the agenda. An additional executive session fox pricing strategies would also be added to the meeting. City staff introduces u�coming to�ics for future agendas. A. Agenda Brie�ing. Shari Thornes,Brookings City Clerk,provided a briefing on the future agenda items. B. Council Invitations. Thornes reviewed the Ciry Council's upcoming invitations and obligations. Executive Session. A motion was made by Bezdichek, seconded by Bardey,to entex into Executive Session at 5:50 p.m. to consult with legal counsel on pricing strategies with the Council, Attorney,Manager and Clerk present. All present voted yes;motion carried. A motion was made by Reitz, seconded by Bartley, to exit Executive Session at 6:05 p.m. All present voted yes;motion carried. Reed arrived to the meeting at 6:05 p.m. 6:00 P.M. CITY COUNCIL MEETING. Consent Agenda: Resolution No. 26-06 was added to the agenda as Item 21. An executive session regarding pending contractual issues was added at the end of the meeting. Open Council comment was also added to the end. A motion was made by Reed, seconded by Reitz, to approve the agenda. All present voted yes;motion carried. 2004 Preliminary Audit Report by Dick Ellis,Wohlenberg Ritzman& Co. LLC. Dick Ellis provided an overview of the preliminary audit report for 2004 noting that it was a clear opinion with no problems. No action taken. Presentation of Year-End Financial Statements. Rita'Thompson,Finance Managex,noted that 2005 was another good yeax in where the city was over on revenues and under on expenditures resulting in increased cash balances of$800,000 and a fund balance over$1.2 million. 2005 was approximately 3 percent under budget. She noted that conservative revenues estimates are used in case of unexpected problems. Sales tax revenue was higher than projected. Interest income was up an additional$125,000 due to the new investment policy. Lanning announced that the Ciry's bond rating had increased from a BA3 to A.A2,which is a substantial increase. 84 2005 Annual Re�orts from City Boards, Committees and Commissions Annual repoxts were provided to the Council. No discussion or acrion occurred. If Council members have questions on any report, the specific board will be invited to a work session. Ordinance No. 02-06—Conditional Use. A public hearing was held on Ordinance No. 02-06, pertaining to an application fox a Conditional Use fox a Community Center in the Residence R-2 District. Motion was made by Reed, seconded by Reitz, to appxove Ordinance No. 02-06. A motion to amend was made by Bardey, seconded by Reitz,to require the conditional use only apply to the current owner, Fisst United Methodist Church. All present voted yes on the amendment. On the main motion as amended, all present voted yes,motion carried. Ordinance No 03-06—Bud,get Amendment A motion was made by Thomson, seconded by Reed, to approve first reading of Ordinance No. 03-06,Budget Amendment#1,An Ordinance Entided"An Ordinance Authorizing a Supplemental Appxopriation To The 2006 Budget For The Purpose Of Providing Fox Additional Funds For The Operation Of The City. All present voted yes; motion caxried. Second reading on March 2g`h Ordinance No. 01-06—Franchise. A motion was made by Bartley, seconded by Thomson, to approve Ordinance No. 01-06,An Ordinance Granting A Franchise To Brookings Municipal Utilities,To Construct, Operate,And Maintain A Cable Television System In The City Of Brookings, South Dakota, Setting Forth Conditions Accompanying The Grant Of The Franchise; Providing For Regulation And Use Of The System;And Prescribing Penalties For The Violation Of Its Provisions. Steve Myers,President of the Board of Directors of Bxookings Municipal Utilities,gave the following presentation. "The BMU board was established in 1970 and is xesponsible for the management and control of the Water,Wastewater, Electric and Telephone departments in the city of Brookings. The foux board membexs serving with me have all been appointed to the Utility Board by current or previous City Councils or Commissions. Current Utiliry Boaxd members include our vice president,Mr. George Prest; our secretary,Ms. Barbara Ward-Doherty,along with Mr. Gail Robertson and Mr. Dave Peterson. For about a decade telephone companies all over the countty have been adding subscription television to their product line in ordex to respond to competition from wireless and cable television providers who have been depleting their customer base. Past BMU boards and the staff have been monitoring changes within the telephone industry and their impact on our local telephone company. Increased competitive activities during the last two years prompted the staff and utility board to devote more efforts to seriously study the proposition of offering video service to oux customers. As board members,we take our role seriously.We are committed to educating ourselves in order to make decisions that are in the best interests of our community.We undertook an in-depth examination of the telecommunications industry,including trends and public policy issues.We also studied the significant economic impact that municipal ownexship of the telephone company has on this community,and developed a detailed business plan and market study for owning and operating a subscription television service. You have been provided with a bindex of more than 500 pages of documentation that was assembled as a result of that examination. 'The purpose of this study was to address questions such as: • Where is the telecommunications industry headed? • Is Swiftel Communications on the right course to remain competitive? • Is it appropriate for a municipal utility,like Brookings Municipal Utilities, to engage in a competitive enterprise that is prone to risk? • In what ways does the city's ownership of the telephone company impact the community? The principle findings of the examination were these: 1. For more than a century, the Ciry of Brookings has effectively and efficiendp provided its own utility services,including telecommunications. Brookings residents have chosen to control their utility and the services it provides through a utility board comprised of local citizens. 2. Local ownership of telecommunications services has served the public interest by benefiting citizens through lower rates,profits reinvested in infrastructure or contributed to the City General Fund,local control,job creation,and economic development. 85 3. Technology and regulation have changed the telecommunications business dramatically and will continue to do so. The resulting competition from wireless companies and other competitors offering communications services has led to a decline in usage of traditional landline products that is irreversible. 4. The demand for high-speed data,including Internet access,will continue to grow, dictating the deployment of fiber optic cable to replace copper as the technology to deliver bxoadband services. 5. The telecommunications industry is evolving form a voice-centric system to a data.and broadband-centric system. Upon completion of this evolution,broadband is expected to be regaxded as an essential service. 6. There is a strong consumex demand in Brookings for bundled offerings of voice,high-speed Internet and video. Competitors will offer such bundles locally. 7. The municipally-owned fiber optic system can be used to deliver video services,providing an opportunity to bundle video with the city's e�sting high-speed Internet,landline and wireless products. Based on the findings of the examination,the board made the following conclusions: 1. Because ciry ownership of the telecommunications enterprise provides substantial ditect and indirect economic benefits to the city,and will continue to do so,it is in the best interests of the City of Brookings and its citizens to continue to invest in its municipal telecommunications company to ensure its long-term success. 2. Because municipal ownership ensures that local consumers have at least one provider to serve their needs fox essential,as well as advanced,communications services,and because it ensures that those services are reliable,up-to-date, and priced faitly,municipal ownership of the telecommunications enterprise is in the public interest. 3. Because pxoviding a complete range of telecommunications services is vital to maintaining its competitive position, the city's telecommunications enterprise should maximize the benefits of its investment in its fiber optic network by pursuing additional broadband services,including video. Since arriving at these conclusions, the business plan for video service has been incorporated into a 10-year Capita.l Improvement Plan, as well as a detailed annual budget. We publicly announced our intentions to offer television service four months ago. The boaxd and staff have appeared befoxe this council and have answeYed the questions posed by this group. We held public meetings to discuss the plan and solicit feedback from Brookings citizens.We heaxd no complaints at these informational meetings, and have seen no complaints in the media. On the contrary,we have heaxd itom many people who support this effoxt to offer Bxookings residents anothez option fox television service. Generally,people in Bxookings want choices.They want to choose who will provide them with bundled services of telephone, Internet and video. We are here today to request that Brookings Municipal Utilities be granted a franchise to construct, operate and maintain a cable television system in the city of Brookings. The ordinance before you, which was developed to reflect the requixements of Title 47 of the United States Code, sets forth the criteria by which this franchise request is to be considexed. It is the opinion of the Brookings Municipal Utilities Board of Directors that BMU meets or exceeds all of these standards. By providing qualiry, complex telecommunications services for more than a century,BMU has cdearly demonstrated its technical ability. By providing water,wastewater,electric and telephone services at competitive rates while at the same time transferring more than 23 million dollars to the city's general fund over the past decade,BMU has clearly demon.rtrated its fznancial ability. Additionally,the ciry of Brookings is legally qualified and entitled to oivn a subscription television service,and BMU is legally qualified and entitled to manage and control that business. In conclusion, after many months of intense study, the board of directors of Brookings Municipal Utilities,remains convinced that offering video service through Swiftel Communications is in the beat intere.rts of Brookings citi�en.r. Everyone who has a TV will xeap the bene5ts of competition.And all the 86 citizens of Brookings will conrinue to enjoy the financial benefits every year as a result of owning our own telecommunications company. On behalf of myself and the other board members I urge you to grant this franchise. Doing so will help ensuxe the future viabiliry of the ciry-owned utiliry,which is in the best interest of all Brookings citizens." I�Y/haley arrived at 6:47 p.m. Thomson asked the Boaxd if they would be returning for further council action. Yes, funding for the $8.5 million to install fiber and video services. Bartley asked the city attorney if the FCC controls the g�anting of franchises and requites that any franchise that meets critexia must be granted. Yes. Are the terms of BMU and Mediacom to expire at the same time? No,they are three yeaxs apart. Mediacom's was granted in 2003. Would it be appropriate to coordinate expiration dates and hold only one negotiation in 2013? Britzman said the ordinances are flexible enough that adjustments can be made to the agreements any time during the term. It is important for the business to have a full 10 yeaxs to work within that agreement. John Varvel,Mediacom Government Relations Manager,noted that Mediacom would entertain an extension to their agxeement in order to coincide with BMU. Mediacom is not opposed to another franchise and welcomes competition,but wants the same terms. He noted differences in the two agreements,particularly Mediacom's requirement to build out the entire communiry and felt that any competitor should be subject to same provisions as them. Jim Adkins,Swiftel,said their service territory was established by the PUC,based on 1994 Supreme Court decision on who would serve annexed axeas. ITC has the rights to 260 dwellings in Brookings in Western Estates and Hillside. Rich Helsper,BMU attorney,noted that these clients would be exclusive to Mediacom and in their favor and BMU is not legally allowed to enter that service area. All present voted yes, except Whaley voted no,motion carried. Resolution No. 22-06-Bid. A motion was made by Bartley, seconded by Reitz, to approve Resolution No. 22-06, awarding bids for the Liquor Store Remodeling Project. All present voted yes, except Whaley abstained,motion carried. RESOLUTION NO. 22-06 RESOLUTION AWARDING BIDS ON BROOKINGS LIQUOR STORE REMODELING PROJECT Whereas,the City of Brookings has xeceived the following bids fot the Brookings Liquor Store Remodeling Project: Kobbinr Con.rmrction j 361,331.27 Clark Drew Construction j'388,1 f 0.00 Now Therefore,Be It Resolved that the low bid of Bnbbin,r Conrtruction for d361,331.27be accepted Resolution No. 23-06-Bid. A motion was made by Whaley,seconded by Reed, to approve Res. 23-06, to reject bids for the Liquox Store Shelving Project. All present voted yes;motion carried. RESOLUTION NO. 23-06 RESOLUTION AWARDING BIDS ON BROOKINGS LIQUOR STORE SHELVING PROJECT Whezeas,the City of Brookings has received the following bids fox the Brookings Liquor Store Remodeling Project: Bid Package#1 No Bids Bid Package#2 Maloney,Inc. �27,572.64 Now Therefore,Be It Resolved that the low bid of Maloney,Inc.for�27,572.64 be zejected. City Manager 2006/2007 Contract& Performance Pa� Motion was made by Bartley, seconded by Reed,to table action on the city manager contract and performance pay to March 28`�. All present voted yes, except Reitz voted no,motion carried. Ordinance No. 04-06-Fowl. A motion was made by Thomson, seconded by Reed,to appxove first reading of Ordinance No. 04-06,An Ordinance Amending Article III And Article V Of Chapter 14 Of The Code Of Ordinances Of The Ciry Of Brookings,South Dakota And Pertaining To Proximity Of Fowl To Dwellings,Fowl At Large And Prohibited Animals In The Ciry Of Brookings,South Dakota. All present voted yes;motion carried. Second reading on March 28�'. 87 Ordinance No. 05-06—Alcohol. A motion was made by Reitz, seconded by Whaley, to approve first reading of Ordinance No. 05-06, amending Chapter 6 of the City Code of Ordinances pertauung to Alcoholic Beverages (Section 6-4—Sunday Sales). Kip Phari.r,Pi��a.F�anch o2vner, ,rpoke in support of the ordinance. He felt it svould benefit other downtoum bu.rine,r.re,r and cause others to be open.All present voted yes;motion carried. Second reading on March 28`}'. Buxton Group—Community ID. Motion was made by Bardey, seconded by Thomson,to approve a proposal fxom the B�ton Group for a CommunitylD. Di,rcu.rsion: Lamung said the Buxton Group would pexform a detailed retail analysis of Brookings that is used to attract retailers. The data would be available in 45 days. He said the Chambex,DBI and BEDC were all in favor of obtaining this information. He noted that Brookings effective buying income (EBI) is 57%; the lowest of the top 10 cities. This data wi11 be beneficial in xecnuting new businesses and retaining existing ones. It will be a valuable tool. Watertown has had success with it.There was discussion how to disseminate the information. All present voted yes, except Bezdichek voted no,motion carried. Resolution No. 24-06—Purchase Ag�reement A motion was made by Bartley, seconded by Thomson, to approve Resolution No. 24-06,a Resolution Authorizing the Execution of Purchase Agreement. Discus.rion: Munsterman said the City has worked for three years to acquire the SD Departtnent of Transportation (SDDO'1� land located on HWY 14 and have finally arrived at the point of purchase. Lanning noted that the City had the chance two years ago to purchase 15 acres at$225,000 and chose not to. Later the SDDOT said the pxoperty was no longer for sale. Under a new Transportation Secretary,the SDDOT developed new plans to rebuild their highway shop on the same land. Using contacts in the community,the Mayor and city officials were able to meet with Governor Rounds in Febxuary at which time the city presented its need to purchase the land for economic development. The Governor agreed to sell the land, establishing the price at$4 million and set the terms of the sale. However, the city had to pxovide replacement land. To that end,the City has been able to secuYe 74 acres north of the Bypass from Brad and Judy Svennes for$1.3 million. A portion will be used to relocate the DOT. Thtee transactions are necessary to accomplish this sale. 'The concept for the land is retail and economic development. The City was approached by a developer to develop the 26 acres of DOT land,the noxth 35 acxes,and the 5 acres in front of Swiftel to investing$70-100 million to create 600,000 squaxe feet of retail space. The additiona154 acres of Svennes land would be used fox industrial paxk space. The entire plan was contingent on obtaining the Svennes land which was secured last week. No bonding would be required in this process. Munsterman said the Council has engaged in addressing a number of issues: 1) Pursuit of retail expansion efforts and opportunities, 2) Obtain replacement land for the SDDOT,and 3) Replacement of industrial patk land.The Council has comprehensively approached this issue. It's the city's strong financial position that has allowed it to take advantage of this opportuniry. Thomson said this is a tremendous opportuniry for retail development and commend the Mayor, Council and ciry staff for working so long to get these deals to cultninate. Bardey said the retail development and improved shopping will enhance employers'ability to attract and retain workers. A number of employees live in Sioux Falls and drive to Brookings. This project has the potential to make Brookings a destination for shopping. This is an exciting proposal and the community leaders that were involved with putting the pxoposal in front of the Governor were also excited. There has been the need for confidentiality in order to put this proposal together. The Council is pleased to announce it can move forward with this plan. And,like any plan,it will take 2 to 3 yea.rs to see the fnzits, but the city must start now. The City can't allow the DOT to build on that site and tie up the corner. It is the gateway to our community. 88 Reed asked if the details of the purchase agreement would come before the Council again? No, no further public action would be required. Key details on the land purchase have been shared at this meeting with the public identifying the propetties and price. Reed said there is risk in this piece of property in turning over to a developer,but the City must gain possession of that land for the entire future of Brookings. He wished there could be more public discussion but understood the time constraints. Bartley noted that the SDDOT felt the City was taking too long as it was with action at this meeting. Tom Bozied expressed concern that the public was unaware of this dea1. He questioned how the city could turn the land over to a private developer if owned by city without coming forth and making it public and looking at diffexent proposals. Lanning clarified that the City was not tutning over the land to anyone until an agreement was reached on the type of development. The Council will considex giving a period of time for an exclusive right to negotiate on the development of the property. They have entertained two proposals and selected one. The property will not be transferred until all conditions are satisfied. Bozied questioned if local developexs were involved. Lanning said the proposed developers own property in Brookings and if anyone locally has the financial horsepower to do an$80 million development,he'd be happy to talk to them. Bozied asked if the developex would pay full price for the land and if that was guaranteed. Lanning said no, the price will be determined after the developer has done their due diligence on the pxoject. An exclusive xight to negotiate agreement is scheduled fox the Maxch 28`�meeting. On the motion,all present voted yes, except Reitz and Bedichek voted no,motion carried. RESOLUTION NO.24-06 RESOLUTION AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENT BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows: WHEREAS,for the express purpose of furthering economic gcowth and development of the City of Btookings,South Dakota,the City of Biookings desixes to purchase the following described real propertq: A parcel located in the Southwest Quarter of the Southeast Quarter (SW'/�SE'/,)of Section Nineteen(19),Township One Hundred Ten(110)Noxth, Range Forty-nine(49)West of the 5�'P.M.,City of Brookings,County of Brookings, State of South Dakota,containing 26.25 acres,more or less(the"Property'�,and WHEREAS,the above-described real pioperty has been offeied to the Ciry by the South Dakota Department of Transportation pursuant to a Purchase Agreement,the terms of which are satisfactory to the City of Brookings; NOW THEREFORE,IT I5 HEREBY RESOLVED by the City Council of the City of Btookings,South Dakota,as follows: A. That the Ciry acquice tide to the above-described property pursuant to a Purchase Agreement with the South Dakota Department of Transportation for the purposes of futthering economic growth and development of the City of Brookings,South Dakota;and B. That the Mayoz,City Clerk and City Manager are authorized to execute the Purchase Agreement and other required documents in accordance with this Resolution. Resolution No. 25-06—Purchase Agreement. A motion was made by Bartley, seconded by Whaley,to approve Resolution No. 25-06,a Resolution Authorizing the Execution of Purchase Agreement. All present voted yes,except Reitz and Bezdichek voted no,motion carried. RESOLUTION NO.25-06 RESOLUTION AUTHORIZING THE EXECUTION OF REAL ESTATE PURCHASE AGREEMENT BE IT RESOLVED by the Ciry Council of the City of Brookings,South Dakota as follows: 89 WHEREAS,for the expxess purpose of furthering economic gxowth and development of the City of$xookings,South Dakota,the City of Brookings desixes to purchase the following described pxopexty: North One-half of the Southeast Quarter(N'/zSE'/a)of Section Eighteen(18) except Lots H-1 and H-4 thereof and except that portion of the East Seven Hundxed Twenty Feet(E 7207 of the South Fouxteen Hundred Fifty Feet(S 1,450')of the Southeast Quarter(SE'/<)of Section Eighteen(18)which is a part of the North One-half of the Southeast Quarter(N'/�SE'/<)thereof in Township One Hundred Ten(110)North,Range Forty-nine(49)West of the 5Lh P.M.,County of Bxookings,State of South Dakota,and Wf-IEREAS,the property has been offered to the City puxsuant to a Real Estate Purchase Agreement,the texms of which are satisfactory to the City of Brookings; NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: A. That the City acquire tide to the above-described properry pursuant to a Real Estate Purchase Agreement with Brad A.Svennes and Judy Svennes for the purposes of furthering economic growth and development of the City of$rookings,South Dakota;and $. That the Mayor,City Clexk and City Managex axe authorized to execute the Real Estate Puxchase Agreement and other xequixed documents in accordance with this Resolution. Resolution No. 26-06—Purchase Agreement A motion was made by Thomson,seconded by Whaley,to approve Resolution No. 26-06, a Resolution Authorizing the Execution of Purchase Agreement. Df.rcu.r.non: Reed objected to taking action on a resolution that wasn't on the agenda. Britzman said the resolution was a housekeeping measuxe added at the request of the DOT. It would split the sale into two documents tather than one. He said the titniug isn't ideal,but the City is trying to meet the State's schedule on closing. The sepaxate resolution isn't absolutely necessary for the closing to occux. A motion was made by Bardey, seconded by Reed,to table Resolution No. 26-06. All present voted yes;motion carried to TABLE. Council Open Discussion. Reed noted that Council recendy discussed a local campaign finance ordinance and one of the reasons cited not to initiate one was that the School Board and Counry don't have them. However,he said that was incoxrect and both have campaign finance ordinance requirements. A motion was made by Reed, seconded by Munsterman, to direct the City Attorney to develop a local campaign finance oxdinance based ott SDCL 12-25 and place on the agenda for discussion. All present voted yes,motion caxried. Executive Session. A motion was made by Thomson, seconded by Whaley,to enter into Executive Session at 8:26 p.m. to consult with legal counsel on contractual matters with the City Council,Manager,Attorney and Clerk present. All present voted yes;motion caxxied. A motion was made by Reitz,seconded by Whaley, to exit Executive Session at 8:45 p.m. Alt present voted yes;motion carried. Ad�ourn. A motion was made by Reed, seconded by Thomson, to adjourn. All present voted yes;motion carried. Meeting adjourned at 8:45 p.m. City of ooki.ngs o . Munsterman,Mayor A ST: o ar, o�-°. ,o� ��?��� ��,NC�.•6�' 9O'Ci 2= °v��C' L�. f .� y' ,/ GI�G oz �� � �� � �M�� rnes,Ciry Cle