A regular meeting of the Philip City Council was held on Monday, March 3, 2008 at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse.
COUNCIL PROCEEDINGS
REGULAR MEETING
MARCH 03, 2008
A regular meeting of the Philip City Council was held on Monday, March 3, 2008 at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse. Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Shirley Chin, Monte Palecek, David Schofield, John Kangas and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Tom Lesselyoung, Utility Coordinator Carol Schofield, Police Chief Kit Graham, Police Officer David Butler, Roger Williams, Dan Schofield, Brad Wilson with the SDML Workers' Compensation Fund, Del Bartels with the Pioneer Review; and later, Ray Gibson, Kent Olson, Terri Pelle, Thor Roseth, Don Ravellette, Branden West, Doug West and Corky Thorson.
Absent: Council Member Walker.
Motion was made by Kangas, seconded by Palecek to approve the agenda as presented. Motion carried.
Motion was made by Schofield, seconded by Kangas to approve the minutes of the last meeting as published by the Pioneer Review. Motion carried.
Motion was made by Palecek, seconded by Schofield to approve payment of the bills from the appropriated funds. Motion carried.
Gross Salaries - Feb. 29, 2008:
Gross Salaries: Adm. - $4293.46; Public Works - $2858.26; Police - $5350.79; Street - $4766.66; Rubble Site - $220.64; Water - $2796.50
AFLAC Employee Supplemental Ins.- 02/08 206.28
EFTPS S.S., Medicare, Withholding- 02/08 4822.05
SDRS Employee Retirement- 02/08 2560.59
This Months Bills:
Alltel Cell Phone 01-02/08 77.83
Bad River Rural Water Systems City Shop Water 01-02/08 22.60
Black, Katherine Cust. Deposit Refund - 03/08 100.00
Brant's Electric Airport Repairs - 02/08 64.33
Century Business Products, Inc. Kyocera KM-2050 Copier - 02/08 3151.80
Dakota Care Ins. Employee Health Ins. - 03/08 7350.31
Delta Dental Ins. Employee Dental Ins. - 03/08 522.50
Emblem Enterprises, Inc. (100) P.D. Patches - 02/08 279.70
Farm Plan Supplies - 02/08 7.99
1st Nat'l Agency Insurance Policies 01/08-01/09 36858.00
Fire Dept. Ins. Policy 01/08-01/09 1862.00
1st Nat'l Bank - Philip Postage - 03/08 95.00
1st Nat'l Bank - S.F. SRF Loan #01 Pay #136 - 03/08 3591.18
SRF Loan #02 Pay #112 - 03/08 2163.90
SRF Loan #03 Pay #15 - 03/08 2223.41
Fitzgerald Oil Co. LP Gas - 01/08 9.00
Golden West Telephone/Internet 02-03/08 585.09
Grossenburg Imp. Supplies - 02/08 8.39
Haakon Co. Library 2008 Phone Allocation 970.00
Haakon Co. Treasurer Office Rent - 03/08 60.00
½ Teletype 01-06/08 900.00
Ingram Hardware Supplies - 02/08 25.70
Les' Body Shop Code Enf. Removal - 02/08 100.00
NAPA Auto Parts Supplies - 02/08 61.25
Petty Cash Copies/Postage/Supplies 01-02/08 35.00
Philip Standard Oil Chg/Fuel - 02/08 69.95
Pioneer Review Publishing - 02/08 311.88
Quill Supplies - 02/08 483.52
Rayman, Joe Cust. Deposit Refund - 03/08 100.00
SPN & Assoc. City Limits Review (Lawsuit) - 02/08 175.00
SD Airports Conference (2) Conf. Reg. - 03/08 100.00
SD Dept. of Revenue Sales Tax Payable - 02/08 319.97
Water Coliform Testing - 02/08 12.00
SDML (12) District 8 Reg. - 03/08 168.00
SD State Archives Copies (Research) -02/08 8.00
Tollefson, Gay Attorney Retainer - 03/08 150.00
USDA RD Loan Pay #37 - 03/08 3069.00
US Postal Service Stamps - 03/08 270.60
United Systems Tech., Inc.(USTI) Asyst Maint. Support 3/1/08-2/28/09 1685.00
VISA - UMB Bank Travel/Supplies/Lawsuit 01-02/08 905.93
Waste Connections dba Walker Refuse Residential Collection - 02/08 4171.95
Dumpsters - 02/08 119.60
West Central Electric Electric Charges 01-02/08 2599.74
WR/LJ Rural Water 3,764,000 gals - 02/08 4705.00
Contract Min. - 02/08 3000.00
Old Business:
Motion was made by Kangas, seconded by Palecek to approve the building and flood plain development permit filed by Jerry and Lu Roseth and Paulette Combs for 27.8' x 38.8' stick built or modular structure to be placed on an existing foundation contingent upon receiving an affidavit certifying the elevation of the lot from the property owner and/or the lot elevation determined by a certified land surveyor. Motion carried.
The Philip Ambulance's building permit filed and tabled in December 2007 to attempt to locate the existing sewer service on the north side of their property and possibly repair and reconnect to existing sewer services has been withdrawn.
Mayor Hart advised the Council that the State of South Dakota will be opening bids for the south Highway 73 project this Wednesday, March 5th, 2008. He questioned if the Council is interested in rebidding the Ash St. project, and if so when?
Motion was made by Palecek, seconded by Kangas to advertise and open the bids on April 7th, 2008. Motion carried.
The City will be hosting a public hearing on the Community Development Block Grant (CDBG) application for the school drainage project on Monday, March 17th, 2008, at 3:30 p.m. in Commissioner's Room preceding the Board of Equalization meeting. The City of Philip intends to apply for $175,000 in CDBG funds to offset costs for the proposed drainage improvement project.
FO Van Lint noted that the City Office will be conducting a telephone income survey as required by the CDBG application guidelines. A majority of the Philip residents will be contacted for a short survey in hopes of identifying 51% of our population below the income guidelines that classify the City as an eligible grant recipient. She further requested authorization to publish a public notice advising the community that the City will be contacting them for this survey.
Motion was made by Kangas, seconded by Chin to authorize a public notice of the upcoming telephone income survey for the CDBG application. Motion carried.
Mayor Hart, Council and those in attendance congratulated and thanked PWD Lesselyoung for agreeing to remain in the employment of the City in the capacity of Public Works Director for an additional year prior to retiring.
New Business:
Due to the resignation of Council Member Arthur, the Council Vice President position is open and must be filled.
Council Member Chin nominated and moved that nominations cease to elect Council Member Vetter as Vice President. Motion was seconded by Kangas and carried.
Council reviewed the following building permits as presented: Philip Ambulance - remodel and replace sidewalk; Richard Stewart - 10' addition to carport; and, Doug West - 28'x 35' concrete slab.
Following review, motion was made by Palecek, seconded by Kangas to approve the permits as presented. Motion carried.
Motion was made by Kangas, seconded by Palecek to approve surplusing and disposing of the following items as stated. Motion carried.
Finance Office Inventory Items: Epson LQ-570e Printer, purchased 2/1/2003 for $270.00; Sharp AR-163 Copier, purchased 7/1/2001 for $2069.00; and, Sharp FO-2950M Fax Machine, purchase 12/1/2001 for $600.00 to gift to the Philip Vol. Fire Dept. or sell at the Philip Livestock Auction (PLA) Machinery Auction.
Municipal Building Inventory Items: 1,000 gal. Furnace Oil Tank, purchased with the municipal building to sell at the PLA Machinery Auction and Fuel Oil Furnace, purchased with the municipal building to be disposed of.
Street Dept. Inventory Items: 1979 International Dump Truck, purchased 8/1/1992 for $2000.00 and (11) Steel Street Light Poles to sell at the PLA Machinery Auction.
Airport/Rubble Site Inventory Item: 1967 Case W7 Loader, purchased 6/5/1967 for $12150.00 to sell at the PLA Machinery Auction.
Brad Wilson with the SD Municipal League (SDML) Workers' Compensation Fund presented the Council with their company information. He stressed that their company, not like a regular insurance company, is a member owned pool and endorsed by the SDML as well as the SD Assoc. of County Commissioners. Currently, there are 303 members of the pool. Cities are represented with four out of the nine board members being from cities within South Dakota. The company is based solely in South Dakota and all of the dollars stay here.
He further stated that as of Jan. 1, 2008, all members received a 5% rate reduction and a new policy for Volunteer Fire Dept. and Emergency Medical Technicians was adopted. The new policy provides a $50,000 death and dismemberment insurance coverage in addition to the statutory workers' compensation benefits provided.
The company works for the members with renewal credits, equity credits and loss control credits. An additional benefit provided to members free of charge is loss control services and training through Safety Benefits, Inc. Being endorsed by the SDML, this also provides lobbying on behalf of the cities during the legislative sessions.
Council Member Vetter questioned who determines the coverage per claim? Mr. Wilson stated that state statue determines the coverage and Claims Associates, a private company, handles the claims.
Mr. Wilson went on to request the opportunity to quote workers' compensation insurance for the City.
Mayor Hart noted that for many, many years, the City has kept all their insurance coverage locally. He stated that with this company and the dollars staying in South Dakota, it would behoove the City to give them the opportunity to provide a quote.
Mr. Wilson further stated that if the City would prefer to keep their local insurance agent, it would be possible if he or she would be willing to work with the SDML Workers' Compensation Fund.
By general consensus, Council agreed to receive a quote for workers' compensation insurance through Brad Wilson with the SDML Workers' Compensation Fund. He will be in contact with FO Van Lint.
Mayor, Council and those in attendance thanked Mr. Wilson as he left the meeting at this time.
At this time, the Festival Days Committees addressed the Council, noting that the event is scheduled for Aug. 1st - 2nd, 2008.
Ray Gibson stated that planning is being done for a dance in the alley and partially out into Center Ave. between The Steakhouse and 73 Bar and Lounge. He stated that this would promote more attendance at the dances and would allow the serving of alcoholic beverages in this area as it will be blocked off with only one entrance. It was noted that during the past years when the dance was located away from the bars, there was a lack of attendance. It seems that the bars are the gathering places. He further mentioned about allowing all ages within the area and controlling alcohol consumption through wristbands. He noted that everyone would have a wristband, one color for those over 21 years of age and a different color for those under the age of 21 years.
FO Van Lint stated that a new bill (HB 1203) may be in effect as of July 1st, 2008, that will allow the selling and serving of alcoholic beverages within public rights of way when located adjacent to or abutting a legally licensed liquor establishment.
Terri Pelle mentioned the Special Events Application and stated that she is still in the process of getting all of the information and plans together. She also noted that she has spoken with Don Carley about the wristbands and as in the past, they will be the bar owners' responsibility.
It was also noted that at this time, only one dance for the weekend is being planned and that will be on Saturday night. Other plans for Friday are being pursued, i.e. karaoke night for all ages, etc.
FO Van Lint stressed that the application include all events planned for the weekend, i.e. parade, dances, etc
Mayor Hart questioned Chief Graham and Officer Butler's position on the proposed plans? Both Graham and Butler voiced no concerns at this time and agreed that last years Festival Days went very well.
Council Member Palecek questioned if the bar owners were going to provide security guards within the bars and dance area? This has not been determined.
Mayor Hart also questioned if the adjoining property owners to the proposed area requested to be closed off for the dances have been contacted? He stated that, as in the past, written permission will need to be provided from Barry Knutson and Pizza Etc.
Mayor Hart commended the committee for their foresight to come visit with the Council and recommended the application be submitted by the June Council meeting to allow sufficient time if there are any questions, concerns and/or changes that need to be made.
At this time, Branden West, Chairman of the Philip Annual Invitational Match Bronc Ride Committee, addressed the Council with a financial request to support the event scheduled for June 20, 2008.
Mr. West gave an update on last years performance and stated that this year is going to be just as big, with the top bronc riders in the nation, as well as local South Dakota riders. A free feed prior to the event is also being scheduled and they are relying on a lot of volunteers for this event. They have plans and the foresight that could make Philip become known as the Match Bronc Riding Capitol of the World.
The amount of funding being requested is $2500 to help promote and advertise this event with the City of Philip.
Mayor Hart commended Mr. West for bringing this event back to our community again this year. This event will bring people to Philip and support our local economy. He further noted that the City did not appropriate funds for this event in the 2008 budget. Should the Council determine to support the event with funds to promote and advertise the event, a transfer of funds from the contingency could be made. Furthermore, Mr. West will need to visit with the Council in July during the budget process for fiscal year 2009 funding.
Following review, motion was made by Chin, seconded by Vetter to approve the requested $2500 to help promote and advertise the event. Motion carried with all members voting aye.
Mr. West thanked the Council and confirmed that he would be in contact with them during the 2009 budget process.
Council reviewed the proposed amendments to Chapter 07 City Ordinances, Streets and Sidewalks, and City Ordinance #11-602, Fences and Walls.
Council Member Chin questioned the plans for the existing trees that were planted in violation of the current ordinance?
DFO Smith explained that due to the fact that there are numerous trees planted in violation of the current ordinance, it was the Building Committee's recommendation to start fresh with the new set back areas as stated in Ord. #7-107(a). She further referred to #7-107.1(f) which outlines and addresses the current trees being grandfathered in as well as trees planted after May 07, 2008, the effective date of the ordinance.
Following review and discussion, motion was made by Kangas, seconded by Schofield to approve the first reading of Ordinance #2008-01, Amending Chapter 07, Streets and Sidewalks, and Ordinance #2008-02, Revising Chapter 11-602, Fences and Walls. Motion carried with all members voting aye.
ORDINANCE #2008-01
AN ORDINANCE AMENDING CHAPTER SEVEN (07), STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE CITY OF PHILIP, SOUTH DAKOTA
BE IT ORDAINED by the City Council of the City of Philip, South Dakota, that the following Chapter 7 be adopted as follows:
7-101 DEFINITIONS
a) Public Property or Area - All lands and real property owned by the City of Philip, South Dakota, including areas dedicated to the City for public use such as parks, streets, alleys, boulevards, etc.
b) Boulevard - That area of public or publicly dedicated property included within the definition of "Public Property or Area" commonly found between the street and inner edge of the sidewalk. In areas where there are curbs, it is defined as the eight (08) feet from the back of the curb to inner edge of the sidewalk. In areas without curbs, it is defined as ten (10) feet from the street to inner edge of the sidewalk. (Refer to Ord. #7-101(d) for definition of edge.) When used herein, the term shall include all such property whether a sidewalk exists or not.
c) Private Property - All property not constituting public property.
d) Edge - The term "outer edge" shall be construed to be the edge nearest to the center of the street or alley, and the term "inner edge" shall be the edge furthest from the center of the street or alley.
7-102 OBSTRUCTING STREETS, SIDEWALKS, AND PUBLIC PLACES
No person shall obstruct any street, alley, sidewalk, or public place in the city in any manner, except as hereinafter provided.
7-103 RECEIVING GOODS OR MERCHANDISE
Any person receiving or delivering any goods or merchandise may place such merchandise on the edge of the sidewalk in front of his business for a period not to exceed three hours.
7-104 MATERIAL STORAGE - PERMITS
The Street Public Works Director may grant permission, in writing, to any person to deposit and keep materials for building along the edge of any public street adjacent to the building to be erected or repaired for a period of time not exceeding three months. Such material shall not obstruct or occupy more than one-third of the width of any sidewalk, street, or road and shall not impede the free flow of water in the gutter.
7-105 USE OF STREETS AND SIDEWALKS
No street s, alleyways, or sidewalks may be used in a fashion as to endanger or impede vehicular or pedestrian traffic.
7-105.1 CLEARANCE OF OVERHANGING PROJECTIONS OVER STREETS AND SIDEWALKS
Minimum clearance of overhanging projections over streets and sidewalks within the city shall be maintained. Sidewalk awnings and canopies shall have a minimum clearance of eight (08) feet. All signs shall have a clearance of ten (10) feet above the sidewalk and shall not extend beyond the outer edge of the sidewalk. For overhanging trees refer to Ordinance #7-107.2(d). All other overhanging projections shall have a minimum clearance of ten (10) feet above the sidewalk and sixteen (16) feet above the streets.
7-106 PLANTING AND MAINTENANCE OF TREES, SHRUBS AND BUSHES
The planting and maintenance of trees, shrubs and/or bushes on any real property within the boundaries of the City of Philip, South Dakota shall meet the following requirements:
7-107.1 PLANTING
a). Trees, shrubs and/or bushes must be set back a minimum of ten (10) feet from the back of any curb, where there are curbs, or, in areas without curbs, twelve (12) feet from the outer edge of the street or alley (refer to Ordinance #7-101(d).
b) Trees, shrubs and/or bushes must be planted at least three (03) feet from the property line on the side and rear yards when there is no street or alley abutting said property line.
c) All trees, shrubs and/or bushes must be planted at least ten (10) feet from any fireplug or water hydrant.
d) No trees, shrubs and/or bushes shall be planted within five (05) feet of any underground water, sewer or other utility line.
e) No trees, shrubs and/or bushes shall be planted so that its natural growth will eventually interfere with any above ground utility wire.
f) Where there are existing trees within the established set back area as established in Ord. #7-107.1(a), said trees, shrubs and/or bushes may NOT be replaced once they die or are removed for any reason. This shall apply to any trees, shrubs and/or bushes planted prior to May 07, 2008.
7-107.2 MAINTENANCE
a) All trees, shrubs and/or bushes adjacent to or in close proximity with any street light, traffic sign, electric line, sewer or water pipe or other utility line or pipe shall be kept in proper shape or condition, and shall, when necessary, be pruned or removed in a proper manner so that said tree, shrub and/or bush does not interfere with or hinder normal usage of said street, sidewalk, alley, utility, City maintenance crews and their equipment or block light from any such street light.
b) All trees, shrubs and/or bushes that have been identified as dead, diseased, broken, decaying or otherwise containing dangerous limbs and branches which pose a potential health hazard of danger to the public must be removed.
c) All trees, shrubs and/or bushes within the City limits of the City of Philip, South Dakota must be maintained at a height and in an area where such plant will not obstruct a clear vision of intersecting roadways or otherwise constitute a traffic hazard.
d) All trees, shrubs and/or bushes shall be trimmed so that no bough or branch thereof shall project lower than sixteen (16) feet above the surface of any street and eight (08) feet above the surface of any sidewalk.
e) It shall be unlawful for any person to cause damage or disease to any public tree by way of wire, string, nails, rope or the like.
7-107.3 PROPERTY OWNER AND/OR OCCUPANTS RESPONSIBILITIES
a) Every owner and/or occupant of property within the City of Philip, South Dakota, shall be responsible for the proper maintenance, care and pruning of all trees as defined in Ordinance #7-107.2 on their respective properties and when necessary, the removal of dead, diseased or otherwise dangerous trees or parts thereof.
b) The City and its representatives shall have the jurisdiction and authority to identify any trees, shrubs and/or bushes in violation of any of the provisions of Ordinance #7-107.2 and notify the property owner in writing of said violation of ordinance. The property owner will be given a minimum of thirty (30) days to correct the violation by pruning, trimming or removing the tree, shrub and/or bush. If the problem is not corrected within the thirty (30) day time frame, the City will have the violation corrected at the property owner's expense. Cross Reference: Chapter 03, Sections 3-303; 2002 Ordinance #2002-08; 6/ 23/02.
c) The planting of trees, shrubs and/or bushes within the established set back areas in Ord. #7-107.1(a), risk damage to sidewalks, curb and gutter. Damage to sidewalks, curb and gutter by said trees and/or tree roots will be repaired or replaced at the property owner's expense (also refer to Ord. #7-405 through 7-407). If the problem is not corrected within the thirty (30) day time frame, the City will have the obstruction corrected at the property owner's expense.
7-108 PRIVATE DRIVEWAYS
No person, firm or corporation shall construct any private driveway to any premises from a public street without first securing a building permit with authorization from the Public Works Director. All private driveways shall be constructed at the owner's expense and equipped with a drainpipe of not less than twelve inches to carry off the water. All such drainpipes shall be kept open by the owner or occupant of the premises.
7-109 EAVES PIPES
No person shall place or maintain any pipe, leading from the eaves of any building, in such a position that the water discharge thereby may flow upon or over any public sidewalk.
7-110 BURNING ON CITY STREETS
It shall be unlawful for any person to burn leaves or other material on any city street.
7-111 REMOVAL
Any obstruction or sign, which is placed in violation of these provisions, may after ten days written notice, be removed by the city at the owner's expense.
7-201 PERMIT REQUIRED FOR EXCAVATIONS
a) Any person, with the exception of utility companies (as defined in Subsection B), who shall make or cause to be made, any excavation within the City of Philip, must first obtain a building/excavation permit with the Public Works Director authorization and contact South Dakota One Call.
b) Utility companies who shall make or cause to be made, any excavation within the City of Philip, must contact South Dakota One Call prior to any excavation. Utility companies include electric cooperatives, telephone companies, cable companies, propane companies, fuel oil companies, and the City of Philip.
7-202 APPLICATION
Written application to the Building Committee and/or Public Works Director is required prior to issuance of a permit stating where the excavation is to be made, the extent thereof, in front of which lots, and for what purpose the excavation is to be made.
7-203 BOND OR DEPOSIT REQUIRED
The Building Committee and/or Public Works Director may require, prior to approving a permit, a deposit of money or bond sufficient to cover the cost of refilling the excavation and putting the street, sidewalk or public ground in the same condition as prior to the excavation.
7-204 DEPOSIT FORFEITED
If at any time within a year of permit issuance the Building Committee and/or Public Works Director determines that the work has not been properly refilled, he shall cause such work to be put in proper condition and charge the cost to the sum deposited or the sureties on the bond. The deposit shall be returned upon certification by the Public Works Director that all work required has been performed satisfactorily.
7-301 OBSTRUCTIONS - DUTY OF OWNER OR OCCUPANT
It shall be the duty of the owner or person in possession of any lot abutting any sidewalk to keep such sidewalk free of ice and snow at all times. When it is impossible to remove the snow and ice from such walk, the occupant shall sprinkle some suitable material upon same to prevent the walk from becoming slippery and dangerous to travel. Whenever two or more firms or families shall occupy the same premises, the duty of removing snow shall devolve upon the firm or family occupying the ground floor.
7-302 CITY MAY REMOVE SNOW AT EXPENSE OF OWNER/OCCUPANT
If the snow is not removed from any premises within 48 hours, the Public Works Director may have such snow removed at the expense of the owner or occupant.
7-401 PERMIT - SIDEWALK CONSTRUCTION
No sidewalk, curb or gutter shall be constructed in any street, alley or boulevard unless the person desiring to construct the same shall have first secured a building permit with the specifications and Public Works Director authorization for City Council approval.
7-402 CONFORMITY WITH EXISTING INSTALLATIONS
Where a sidewalk, curb or gutter has previously been installed, all additional sidewalks, curbs or gutters shall be constructed of concrete and shall conform to existing installations and shall be so constructed that the top surface thereof is on the same plane as existing installations.
7-403 NARROW STREETS AND ALLEYS
Where a sidewalk, curb, or gutter is constructed in a street or in an alley less than one hundred feet in width, such sidewalk, curb or gutter shall be constructed as herein provided, except that the distance from the center of such street or alley shall be prescribed by resolution of the Council upon application made for a permit.
7-404 NON-CONFORMING SIDEWALK
Every sidewalk hereafter constructed, which does not conform to the provisions hereof, shall be rebuilt by the owner of the adjacent lot, at his own expense, within a time designated in the notice given by the city.
7-405 REPAIRS
Every owner of a lot adjacent to a sidewalk shall keep such sidewalk in repair and any owner who shall fail to keep the sidewalk in repair when notified shall be liable to the city for any damage caused by neglect.
7-406 FAILURE TO REBUILD OR REPAIR
Whenever the Council shall deem it necessary to repair or rebuild any sidewalk, it shall notify the owner of the adjacent lot to rebuild or repair the sidewalk at his own expense within a time designated.
If such sidewalk is not repaired or rebuilt in the manner and time designated, the Council by resolution may cause the same to be repaired and the costs thereof shall be assessed against the owner of the adjacent lot abutting such sidewalk.
7-407 WHEELCHAIR CURB RAMPS
The City of Philip requires the installation of ramps at crosswalks, in both business and residential areas, when making new installations of sidewalks, curbs or gutters, or improving or replacing existing sidewalks, curbs or gutters, so as to make the transition from street to sidewalk easily negotiable.
7-501 DESIGNATION OF ADDRESS
Following generally accepted rules of address assignment, the City of Philip, South Dakota shall assign official street and road names and shall issue physical addresses to every dwelling unit, place of business or other locations, as deemed necessary within the corporate limits of the City of Philip, South Dakota.
7-502 POSTING OF DESIGNATED ADDRESSES
a) The owner or person in charge of any dwelling, building or business to which a physical address has been assigned, as well as the occupant of the same, will be notified by the City of Philip, South Dakota of the address assigned.
b) Within fourteen (14) days after the receipt of such notification, the owner or person in charge of the structure to which an address has been assigned, or the occupant must affix the assigned building number (address) to the structure, if the structure is visible from the named roadway, or to a sign post if the structure is not visible from the named roadway. In this case, the assigned address must be posted where the driveway leading to the addressed structure intersects with the named road. In either case, the assigned address must be clearly visible from the named roadway. The property owner, occupant or person in charge of the structure shall pay for costs and installation of the numbers.
c) It shall be the duty of such owner, occupant or person in charge thereof, upon affixing the new number; to remove any different number(s) which might be mistaken for, or confused with, the number assigned to said structure.
d) Each principle building shall display the assigned address to the frontage on which the front entrance is located. In case a principle building is occupied by more than one (01) business or family dwelling unit, each separate dwelling or unit must display a separate address.
e) Numbers shall read horizontally from left to right or vertically from top to bottom, shall be in plain, block vertical (not slanted), and of good proportion. Numbers indicating the official address of each principle building or each front address to such building shall be posted in a manner as to be legible and distinguishable from the roadway on which the property is located. The numbers shall be boldly contrasting in color to the building to which they are attached and shall be of a height not less than four (4"). If a building or dwelling is situated in such a way that the address cannot be easily seen from the roadway in front of said structure, then a sign or address post must be placed at the entrance of the primary driveway. Said sign or address post shall be placed in such a way that it can easily be seen from the roadway, in addition to the numbers attached to the building. The numbers on the sign or address post shall be boldly contrasting in color to the background to which attached, shall read horizontally from left to right or vertically from top to bottom, shall be in plain, block vertical (not slanted), of good proportion, and shall be of a height not less than four inches (4").
f) The owner or occupant or person in charge of any house or building, shall continually maintain the assigned numbers/letters in such a manner and location so the assigned numbers/letters are legible and distinguishable from the roadway on which the property is located.
7-503 PENALTIES
A fine, not to exceed $50.00, shall be imposed in the event that the owner, occupant, or person in charge of any house or building refuses to comply with the terms of this ordinance by:
a) Failing to affix the address assigned within fourteen (14) days after notification, or
b) Failing to remove any old numbers affixed to such structure or primary driveway or elsewhere, which may be confused with the address assigned thereto within fourteen (14) days after notification, or
c) Failing to maintain the assigned numbers in a manner so the assigned numbers are legible and distinguishable from the roadway on which the property is located.
Each day in violation constitutes a separate offense.
7-600 PRIVATE STRUCTURES PROHIBITED IN THE PUBLIC RIGHTS-OF-WAY
a) It is unlawful for any person to erect, build, construct, deposit or place on or in any street, or any place where the public has the right of passage, in the public right-of-way, any building, structure, mailbox, or obstruction of any kind whatsoever.
b) That any building, structure, or mailbox placed in the right-of-way in violation of this Ordinance is hereby declared to be a public nuisance.
c) That violation of this Ordinance shall be a Class 2 misdemeanor.
d) That this Ordinance does not apply to any traffic control device or traffic sign.
This ordinance, once adopted, passed and approved will replace existing said Chapter 07 of the revised City of Philip Ordinances in its entirety.
Dated this 3rd day of March 2008.
/s/John F. Hart, Mayor
ATTEST:
/s/Monna Van Lint, Finance Officer
First Reading: March 03, 2008
Second Reading:
Yeas: 05 Nays: 00
Published: March 13, 2008
ORDINANCE #2008-02
AN ORDINANCE REVISING CHAPTER ELEVEN (11) - ZONING
OF THE REVISED ORDINANCES OF THE CITY OF PHILIP, SOUTH DAKOTA
BE IT ORDAINED by the City Council of the City of Philip, South Dakota, that the following Chapter 11, Section 602 be amended as follows:
11-602 Fences and Walls
A) As used in this ordinance, fence or wall shall include a fence, wall, column, pier, post, latticework, screen or any similar structure or any combination of such structures.
B) No person shall erect or maintain within the City of Philip, South Dakota, a fence wall unless it meets the following conditions:
- 1. Be set back in accordance with the boulevard area as defined in Ordinance #7-101(b).
- 2. When a fence and/or wall is to be constructed on side yards, it may be constructed on the property line, with the exception of construction on a corner lot, in which case Section B (01) will apply.
- 3. Be constructed and maintained at a height and in area where such structure will not obstruct a clear vision of intersecting roadways or otherwise constitute a traffic hazard.
- 4. Be thirty-six (36) inches or less in height if such structure is solid or closed so as to prevent vision, and is located in the front yard. Open vision type structure, such as chain link fences shall be forty-eight (48) inches in height or less when placed in a front yard.
- 5. Be eight (08) feet or less in height when located in a back yard or side yard. When a corner lot is involved, the property owner must limit the length of fence or wall at the eight (08) foot height or less to insure that the structure does not violate Section three (03) of this ordinance.
- 6. Be constructed and maintained in good condition so as to serve the purpose for which such structure was originally constructed, so that it shall not become unsightly to the neighborhood or otherwise constitute a nuisance.
- 7. Prior to the construction of any such fence, it will be required that whoever is constructing such fence obtain a building permit from the City.
- 8. Barbed wire or other sharp, pointed or electrically charged fence is prohibited as outlined in Ordinance #15-506.
- 9. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials to build a fence or wall is prohibited.
- 10. Fencing around athletic facilities and public property shall be exempt from the requirements of this ordinance.
Dated this 3rd day of March 2008.
/s/John F. Hart, Mayor
ATTEST:
/s/Monna Van Lint, Finance Officer
First Reading: March 03, 2008
Second Reading:
Yeas: 05 Nays: 00
Published: March 13, 2008
Council was encouraged to complete and return the Regional Development Survey on behalf of the Central South Dakota Enhancement District (CSDED) by March 21, 2008. The survey is a useful tool for funding for the district and a direction for our community.
Motion was made by Schofield, seconded by Palecek to approve the following Resolution #2008-03. Motion carried with all members voting aye.
RESOLUTION #2008-03
Opposing the enactment of provisions in U.S. S. 1300, The Aviation Investment and Modernization Act of 2007, and opposing any measure or amendment that would overhaul the current efficient and reliable fuel tax system used by general aviation in favor of new taxes and fees.
In support of H.R. 2881 and in support of the American Infrastructure Investment & Improvement Act approved by the U.S. Senate Committee on Finance which fund modernization efforts via the existing fuel tax system.
BE IT RESOLVED by the City Council of the City of Philip of the State of South Dakota
WHEREAS, the general aviation sector is a vital engine of growth in the State of South Dakota economy, providing jobs, economic opportunity and revenue;
WHEREAS, S. 1300 "user fee" taxes and any new taxes or fees outside the current funding structure could create significant economic harm and an increased bureaucratic burden on small businesses, small airports, and individuals and organizations that depend upon general aviation;
WHEREAS, given the geography of the State of South Dakota, a great many businesses, farms and communities depend upon small planes and general aviation for access to medical treatment, mobility, economic opportunity, disaster relief and a wide range of critical resources and services;
WHEREAS, the existing excise fuel tax system provides the necessary funding to achieve modernization of our National Air Transportation System and could generate modernization funding in a manner that would not be harmful to small towns and small businesses;
BE IT RESOLVED This Day the 3rd of March in the year 2008 that the City of Philip of the State of South Dakota respectfully opposes the enactment of the provisions of U.S. S. 1300 or any legislation that imposes new taxes and fees upon non commercial aviation, including "per flight charges," increases in aviation fuel and gas taxes above adjustments for inflation, or any other taxes and fees outside the current funding structure for the Federal Aviation Administration.
BE IT FURTHER RESOLVED that This Day the 3rd of March in the year 2008 that the City of Philip of the State of South Dakota endorses and supports both H.R. 2881 and the U.S. Senate ‘American Infrastructure Investment & Improvement Act" which fully and adequately funds modernization through the existing fuel tax funding structure without the imposition of new fees or taxes upon general aviation.
Dated this 3rd day of March 2008.
/s/John F. Hart Mayor
/s/Shirley Chin, Council Member /s/John Kangas, Council Member
/s/Monte Palecek, Council Member /s/David Schofield, Council Member
/s/Michael Vetter, Council Member
ATTEST:
/s/Monna Van Lint, Finance Officer
(Publish: March 13, 2008)
Departmental Reports:
The quarterly Administrative report was reviewed with Finance Officer Monna Van Lint.
FO Van Lint presented and reviewed the 2007 Annual Report of the City of Philip (Annual Financial Statement and Management's Discussion and Analysis) with the Council. Van Lint noted that the revenues and expenditures were down from 2006 as the City did not have any major projects in 2007. She went on to ask for any questions or comments. The report is on file in the Finance Office.
Council Member Kangas commended Van Lint for an excellent job on the report.
Council reviewed the City's Depository Disclosure for the account balances ending December 31, 2007, as follows.
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DEPOSITORY DISCLOSURE - CITY OF PHILIP, SD
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FIRST NATIONAL BANK OF PHILIP, SOUTH DAKOTA
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Oct. 31, 2007
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Dec. 31, 2007
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GENERAL FUND
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Checking Account
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$ 302.58
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$ 662.99
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Petty Cash (Finance Office)
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$ 50.00
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$ 50.00
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Savings/Cash Mgmt Acct.
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$ 809,850.37
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$ 808,603.21
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CD #27909
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$ 73,000.00
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$ 73,000.00
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Restricted Cash
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$ 157,425.00
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$ 261,845.00
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Restricted Cash - R.Site Surcharge
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$ 32,269.68
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$ 33,136.48
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$ 1,072,897.63
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$ 1,177,297.68
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SPECIAL REVENUE - 2nd CENT SALES TAX
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Checking Account
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$ -
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$ -
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Savings/Cash Mgmt Acct.
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$ 55,495.54
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$ 55,724.87
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Restricted Cash
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$ -
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$ 55,495.54
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$ 55,724.87
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CAPITAL IMPROVE. FUND ST. IMPROVE.
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Checking Account
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$ -
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$ -
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Savings/Cash Mgmt Acct.
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$ -
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$ -
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Restricted Cash
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$ -
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$ -
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$ -
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$ -
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WATER
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Checking Account
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$ 3,077.69
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$ 3,072.88
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Savings/Cash Mgmt Acct.
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$ 227,431.18
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$ 239,299.88
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CD #27910
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$ 40,000.00
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$ 40,000.00
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Restricted Cash
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$ 28,488.00
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$ 25,988.00
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Restricted Cash - Rural Dev. Loan
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$ 25,000.00
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$ 25,000.00
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$ 323,996.87
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$ 333,360.76
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SEWER
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Checking Account
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$ 20.76
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$ 0.73
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Savings/Cash Mgmt Acct.
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$ 264,877.11
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$ 249,744.44
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CD #27911
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$ 2,000.00
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$ 2,000.00
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CD #27979
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$ 10,000.00
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$ 10,000.00
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Restricted Cash
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$ 10,000.00
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$ 10,000.00
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$ 286,897.87
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$ 271,745.17
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GARBAGE
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Checking Account
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$ 17.85
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$ 10.58
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Savings/Cash Mgmt Acct.
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$ 56,719.46
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$ 50,078.83
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CD #27982
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$ 20,000.00
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$ 20,000.00
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Restricted Cash
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$ 16,150.00
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$ 16,150.00
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$ 92,887.31
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$ 86,239.41
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Total Checking
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$ 3,418.88
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$ 3,747.18
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Total Petty Cash
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$ 50.00
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$ 50.00
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Total Savings/Cash Mgmt. Acct.
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$ 1,414,373.66
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$ 1,403,451.23
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Total Certificates of Deposits
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$ 145,000.00
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$ 145,000.00
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Total Restricted Cash
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$ 269,332.68
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$ 372,119.48
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Total Cash
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$ 1,832,175.22
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$ 1,924,367.89
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Council went on to review the City's Investment Policy of the City's Certificates of Deposit as well as the year to date budget and sales tax revenues.
Motion was made by Chin, seconded by Kangas to authorize the Finance Office to solicit Audit proposals and Annual Report preparation for a three (3) year contract, 2008 thru 2010. Motion carried.
Motion was made by Kangas, seconded by Palecek to establish a pay-out policy for resigning Council Members to pro-rate the quarterly pay by the months served plus meetings attended. Motion carried.
The quarterly airport report was reviewed.
PWD Lesselyoung updated the Council on the Snow Removal Equipment (SRE) building plans. He noted that the proposed size of the building is currently 36' by 36'. The SD Dept. of Transportation and Federal Aviation Assoc. have approved the City's request for the location of the building to be constructed east of the existing structures. This may also require the relocation of electrical pole(s) and/or wiring.
The monthly Police Department report was reviewed with Chief Graham.
Motion was made by Kangas, seconded by Palecek to authorize Chief Graham to purchase two 223 rifles for each patrol car from Armalite, an Illinois company that will allow the City of Philip to purchase off the State of Illinois contract bid price for $709.00 each. Cases for the guns will also be purchased. The City appropriated $1000.00 per gun in the 2008 budget. Motion carried.
Chief Graham went on to review a request with the Council for Terry Deuter to be classified as an honorary/reserve member of the City of Philip Police Dept. Mr. Deuter is a Certified Firearms Instructor as well as a Certified Law Enforcement Officer. In order for Mr. Deuter to continue his certifications and go to trainings, he needs to be on a Police Dept. roster and will pay for the trainings at his own expense.
Furthermore, the SD Law Enforcement Standards require forty hours of continuing education and/or training in a two years time. Some of the requirements are for hand gun training, which is provided by the State at no charge to the City. The State does not have a qualification course to certify in shotguns and rifles. With Mr. Deuter being a Certified Firearms Instructor, he will be training the officers of the City of Philip Police Dept. at no charge to the City. He has also agreed to help the City during times when additional Police Officers are needed and he would be hired at that time, i.e. festival days.
Following review, motion was made by Palecek, seconded by Chin to appoint Mr. Deuter as an honorary/reserve member of the Philip Police Dept. Motion carried.
DFO Smith requested the Council established storage fees at the Municipal Building lot as well as fees for the Police Dept. to serve papers when needed, i.e. code enforcement. The recommendation of $5.00 per day storage fee would be in line with other storage facilities within the City and a $16.50 per civil service would be the same cost as the Haakon County Sheriff Office charges to serve papers.
Motion was then made by Kangas, seconded by Chin to establish storage fees at the Municipal Building lot at $5.00 per day and civil service charges of $16.50 per service of papers by the Philip Police Dept. Motion carried.
The monthly Street Department report was reviewed.
The monthly Water Department report was not available as Water Supt. Pearson is on vacation.
Public Comments:
Roger Williams addressed the Council with concerns of Lake Waggoner's water level as it seems to be well below the high water mark.
He went on to question if the contractors for the south Highway 73 project were planning to pump water out of the lake? It was noted that the City owns the Lake Waggoner land, but not the water in the lake. The water is owned and controlled by the State of South Dakota. In turn, any contractor or person wishing to utilize the water resource must apply to the State for water rights.
Mr. Williams further questioned the well water from the City's Hot Water Well and inquired if as much water as possible is going into the lake? He expressed concern for the local fishing clubs with there being very few fishing places left within the area due to the drought. Furthermore, the water is below the north boat ramp and causes difficulty for individuals to get there boats in the lake.
PWD Lesselyoung estimated that that the lake is three to four feet below full. He further explained that the well supplies the businesses out by the lake with water as well as the lake. He will look into the matter further.
In Other Business:
FO Van Lint advised the Council that the City will be having an election in Ward III with candidates, Shirley Chin as the incumbent and Greg Arthur. The Finance Office is pursuing a polling place and three poll workers for the April 8th election. She recommended the Council authorize hiring three election poll workers and establish a wage of $8.50 per hour plus $15 for training.
Motion was then made by Schofield, seconded by Kangas to establish wages for the election poll workers at $8.50 per hour plus $15 for training if needed. Motion carried.
Motion was then made by Palecek, seconded by Kangas to authorize FO Van Lint to hire three poll workers for the April 8th election in Ward III. Motion carried.
The Annual Airports Conf. is in Deadwood, March 5-6, 2008. PWD Lesselyoung and FO Van Lint will be attending.
Motion was made by Kangas, seconded by Schofield to authorize Street/Sewer Supt. Coyle and Asst. Reckling's attendance at the 2008 Annual Wastewater Seminar, March 11-12, 2008, in Oacoma. Motion carried.
The SD Building Officials meeting is March 25, 2008, in Rapid City.
The SDSU Horizon's seminar is March 26, 2008, in Philip. Council Member Kangas and DFO Smith will be attending.
The Solid Waste Operators workshop is April 1-2, 2008, in Deadwood.
Motion was made by Kangas, seconded by Palecek to authorize attendance at the SDML District meeting in Kadoka on April 10, 2008. Attending: Mayor, Council Members, PWD Lesselyoung, FO Van Lint, DFO Smith, Chief Graham and Utility Coord. Schofield. Motion carried.
The SD Assoc. of Code Enforcement meeting is April 30 - May 1, 2008 in Pierre. Please notify the Finance Office by March 31, 2008, if you plan to attend.
Council will meet in Special Session on March 17, 2008, at 3:30 p.m. in the Commissioner's Room for a public hearing and then at 4:00 p.m. to sit as Board of Equalization. Deadline to file objections is Thursday, March 13, 2008, at 5:00 p.m.
The next regular City Council Meeting will be held on April 07, 2008, in the Community Room of the Courthouse beginning at 7:00 p.m.
With no further business to come before the Council, motion was made by Palecek to declare the meeting adjourned at 8:43 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: March 13, 2008)
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