|
A regular meeting of the Philip City Council was held on Monday, June 2, 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, David Schofield, John Kangas, Monte Palecek and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Tom Lesselyoung, Utility Coordinator Carol Schofield, Police Chief Kit Graham, Del Bartels with the Pioneer Review; and later, Council Member Dan Walker and City Attorney Gay Tollefson.
Absent: none.
Motion was made by Kangas, seconded by Vetter to approve the agenda as presented with an addition to review a request from the local AARP to purchase an American Flag for the Old School House Park. Motion carried.
Motion was made by Palecek, seconded by Schofield to approve the minutes of the last meeting as published by the Pioneer Review. Motion carried.
Motion was made by Schofield, seconded by Palecek to approve payment of the bills from the appropriated funds. Motion carried.
Gross Salaries - May 30, 2008:
Gross Salaries: Adm. - $4293.46; Police - $5350.79; Pool - $693.10; Public Works - $2858.26; Rubble Site - $299.44; Sewer - $744.08; Street - $4766.66; Water - $2031.46
AFLAC Employee Supplemental Ins.- 05/08 221.28
EFTPS S.S., Medicare, Withholding- 05/08 4931.05
SDRS Employee Retirement- 05/08 2560.59
Additional Bills - May 2008:
Automated Fuel Systems, Inc. 2700 Gal. Aviation Fuel - 05/08 13627.98
Airport Improv. Project:
Kadrmas, Lee & Jackson, Inc. Prelim. Design/Surveys thru 5/3/08 1727.72
Bidding/Neg. thru 5/3/08 3920.19
This Months Bills:
Alltel Cell Phone 04-05/08 77.98
Bad River Rural Water Systems City Shop Water 04-05/08 28.30
Brant's Electric Bulk Water Wiring Check - 05/08 45.90
Century Business Products, Inc. Copies - 05/08 8.62
Copier Maint. Contract 05/08-05/09 360.00
CNH Capital Supplies - 05/08 14.04
Dakota Care Ins. Employee Health Ins. - 06/08 7350.31
Delta Dental Ins. Employee Dental Ins. - 06/08 522.50
D.M. & E Railroad Storm Sewer #91130 06/08-05/09 120.00
Farm Plan Supplies - 05/08 221.38
1st Choice Realty Cust. Deposit Refund - 06/08 100.00
1st Nat'l Bank - Philip Postage - 06/08 104.07
1st Nat'l Bank - S.F. SRF Loan #01 Pay #139 - 06/08 3591.18
SRF Loan #02 Pay #115 - 06/08 2163.90
SRF Loan #03 Pay #18 - 06/08 2223.41
Fitzgerald Oil Co. Fuel - 04/08 119.04
Golden West Telephone/Internet 05-06/08 644.64
Grossenburg Implement Supplies - 05/08 4.40
Haakon Co. Treasurer Office Rent - 06/08 60.00
HD Supply Waterworks Meters/Resale/Supplies - 05/08 1045.69
Konst Machine & Welding P.D. Vehicle Repairs - 05/08 6.79
Morrison's Pit Stop Fuel/Batteries - 05/08 93.40
O'Connell Construction Gravel/Top Soil - 05/08 273.44
One Call Systems (10) Locates - 04/08 9.50
Petersen's Variety Supplies - 05/08 13.94
Pioneer Review Publishing - 05/08 570.33
Pool & Spa Center Pool Supplies - 05/08 132.05
Quill Adm/R.Site Supplies - 05/08 260.26
RVS Software Utility Bill Cards - 05/08 361.70
Sheehan Mack Sales & Equip. Sweeper Parts - 05/08 761.82
SD DENR Drinking Water Fees - FY2009 600.00
SD Dept. of Revenue Sales Tax Payable - 05/08 310.28
Water Coliform Testing - 04/08 12.00
SD Federal Property Agency Fire Dept. Supplies - 04/08 123.00
SDML (2) Elected Official Reg. - 06/08 40.00
SDML Workers' Comp. Fund Work Comp Ins. 06/08-01/09 3971.00
SPN & Assoc. Floodplain Review - 05/08 2635.00
Tollefson, Gay Attorney Retainer - 06/08 150.00
Triple XXX Spraying Lagoon Spraying - 05/08 610.00
USDA RD Loan Pay #42 - 06/08 3069.00
US Postal Service PO Box Rent/Stamps - 06/08 351.00
United Systems Tech. (USTI) Payroll/AP Checks - 05/08 452.95
VISA - UMB Bank Travel Exp.04-05/08 397.95
Waste Connections dba Walker Refuse Residential Collection - 05/08 4240.53
Dumpsters - 05/08 119.60
Wells Fargo Bank Go Water Bond Pay #20 - 06/08 26975.00
GO Bond Agent Fees 01/08-06/08 375.00
West Central Electric Electric Charges 04-05/08 2353.13
WR/LJ Rural Water 3,090,000 gals - 05/08 3862.50
Contract Min - 05/08 3000.00
Old Business:
FO Van Lint presented the Council with a letter from Governor Rounds awarding the City $175,000 in Community Development Block Grant (CDBG) funds to assist in financing the proposed School Drainage Project. The total cost of the project is estimated at $300,000.
Marlene Knutson with the Central Enhancement District is working on the pre-environmental paperwork needed for the project and once the official grant documents are received, Council has authorized Mayor Hart to sign the documents and return them for processing.
Van Lint asked Council to contemplate a time line and to consider when they would like to proceed with the development of plans and open bids for the project? She noted that the City should consider meeting with the School Board to discuss the project and bidding as well as possibly developing an agreement between the City and School regarding the project.
By general consensus of the Council, Van Lint is to contact the School to schedule a time during their next regular School Board Meeting to discuss the project. Those attending the meeting on behalf of the City are the Street Committee, PWD Lesselyoung and Mayor Hart.
PWD Lesselyoung updated the Council on the Ash St. sewer line. He noted that John Heltzel is planning to relocate the sewer line at 302 and 304 Ash St. this week. Once those sewer lines are relocated to Ash St., the City will install a new line connecting those services to the manhole on the corner of Ash St. and S. West Ave. and abandon the current line running south of those properties.
New Business:
The June 2008 Citizens' of the Month, Jerry and Pam Ingram and Ingram Hardware, were recognized at this time. They were nominated by Joy Klima for their effort to slow the use of plastic bags that take twenty years to recycle. They are providing their customers with environmentally friendly green bags that are free of charge and help keep our environment safe. The green bags are only one of the many facets of their business as Jerry and Pam are also very involved with their family and community. Thanks Jerry and Pam and Ingram Hardware for doing your part in helping keep our environment safe and being a long outstanding business and significant citizens in our community!
Council reviewed the Alcohol Law changes that were approved during the last Legislative Session. Three out of the six law changes were noted as possibly pertaining more to the City of Philip. The first one being House Bill (HB) -1126, which changes all on sale wine licenses to on/off sale wine licenses. At this time, the City does not have any issued wine licenses, but may in the future. The second one is Senate Bill (SB) - 126, which changes the number of on-sale liquor licenses a town or county may issue. Currently, City Ordinance 34-109(D) restricts the number of available liquor licenses in the City to three. The third law is HB-1203, which allows on-sale licensees to sell and consume alcoholic beverages on sidewalks and walkways that abut the building of a licensed premise.
FO Van Lint noted that if the Council is in favor of any of the Alcohol Law changes, an Ordinance is required to issue such licenses. The Ordinance process is also regulated and can not begin until the laws go into effect on July 01, 2008.
Council Member Palecek questioned if City Attorney Tollefson or the Finance Office would be able to draft the Ordinances?
FO Van Lint stressed that Tollefson's expertise will be needed and also mentioned that the SDML may have some sample draft ordinances available for review in the near future.
By general consensus of the Council, City Attorney Tollefson was requested to further review HB-1126, SB-126 and HB-1203.
Motion was made by Kangas, seconded by Vetter to approve the employee health insurance increase of 7.5%, effective July 01, 2008. Motion carried.
At 7:15 p.m., as previously advertised, Mayor Hart announced that it was time to open bids for LP/Propane for the year of July 01, 2008 thru June 30, 2009, and asked for any bids from the floor. With none forthcoming, the following single bid was opened.
Midwest Cooperatives - $2.10 per gallon
Council stated that the price is higher than anticipated and mentioned the possibility of calling for bids on an as needed basis. This would allow the City to purchase from either of the local propane suppliers depending on which one is offering the lowest price at the time. It was noted that the County purchases their fuel this way and if the propane costs should lower in the next year, the City will be able to take advantage of the lower costs.
Following review, motion was made by Palecek, seconded by Walker to reject the single bid received from Midwest Cooperatives as it is higher than anticipated. Motion carried with all members voting aye.
Motion was then made by Kangas, seconded by Palecek to call both of the local propane suppliers, Midwest Cooperatives and Fitzgerald Oil Company, on an as needed basis for the lowest propane price available. Motion carried with all members voting aye.
Council went on to review the Philip Volunteer Fire Department's Special Events License Application for a dance on July 05, 2008. A copy their insurance as well as a letter of acceptance has been received from adjoining property owner Barry Knutson. The department has hired two security guards for the event.
Mayor Hart asked Chief Graham for his recommendation on this request. Chief Graham reiterated that he has no problems with the proposed plans.
Motion was made by Schofield, seconded by Chin to approve the Philip Volunteer Fire Department's Special Events License Application as presented. Motion carried.
At 7:20 p.m., as previously advertised, a public hearing was held on the application of Keven Morehart for a variance to the building regulations ordinance #11-601(a), side yard requirements of five feet (5') in a residential district. Application was made for a four foot (4') by ninety-five point seventy five foot (95.75') variance on the west side of Lot 02, Block 01, Eastern Acres to the City of Philip, SD.
With no one appearing for or against the requested permit, Mayor Hart asked the Building Committee for a recommendation. It was noted that the adjoining neighbor, Ron Mann, has signed a letter of no contest to the requested variance.
Following discussion, motion was made by Kangas, seconded by Palecek to approve the four foot (4') by ninety-five point seventy five foot (95.75') variance on the west side of Lot 02, Block 01, Eastern Acres, as presented and advertised, from Keven Morehart. Motion carried.
Council reviewed a request from Christine Andrus to waive the City Peddler's Licensing Fees for local farmers, gardeners and craftspeople to host a Community Farmer's Market this summer. The vision is to buy and sell produce and wares grown and made in Haakon County and the surrounding area to benefit everyone and encourage the local economy to stay in town and shop locally throughout the community on the weekends. She stated that she has been working with the Chamber of Commerce and the event will be held weekly in the Firehall Park on Saturday's from 2:00 p.m. to 6:00 p.m., starting June 15 or July 1 and run through August 31, 2008. The request further stated that she would appreciate the City's help in making this a success and would ask that a "Special Event" status be assigned to the market in order for peddler's licensing fees to be waived.
Council further reviewed City Ordinances, #10-201, #10-204 and #10-301 pertaining to peddler's licensing and fees. It was noted that the Council has the option to waive such fee as stated in #10-204, an exception to the ordinance is that for any agriculture product or article raised or manufactured by such peddler or solicitor in this state as well as #10-301, that allows stands of a temporary nature or days of public events when authorized by the City Council. Copies of the complete Ordinances are on file in the Finance Office.
Council Member Vetter questioned if City Sales Tax applies to all of the items being sold at the market? FO Van Lint stated that the vendors should have a valid S.D. Sales Tax License and collect State and City Sales Tax.
Following review, motion was made by Vetter, seconded by Kangas to waive the Peddler's Licensing Fees for the Community Farmer's Market event to be held as stated above for the year 2008 in accordance with Ord. #10-204 and #10-301. Motion carried.
Council reviewed the following building permits: George Ainslie - fence addition; Jim Bouman - 48' x 20' addition to garage; Karla Kroetch - fence; Ron Larson - replace concrete sidewalk & boulevard; Mike and Debbie Miller - deck awning and re-roof house; Keven Morehart - tabled permit for a 16' x 48' concrete driveway; Old School House Park - old outhouse on concrete slab; Swift Construction for Victor Pugh - 10' x 18' deck; Thomas Rodriquez - renew sidewalk, deck, fence, shed and landscape permit issued 4/2/07; Bob and Monna Van Lint - replace window, repair and/or replace deck and fence; Duke Westerberg - install sewer check valve and replace steps at front and rear doors with patio.
Motion was made by Kangas, seconded by Walker to approve the above permits as presented with the exception of Jim Bouman's permit being approved contingent upon the Building Committee's review. Motion carried
Jerry Hemeyer with the SD Rural Water and Wastewater Association provided the City with information relative to a new revolving loan fund through the association and USDA Rural Development. The loans are available for smaller projects relating to water and wastewater and may not exceed $100,000 or 75% of the total project cost whichever is less.
At 7:30 p.m., as previously advertised, a public hearing was held on the request of the following establishments for renewal of Malt Beverage Licenses for 2008/2009.
I-90 Truck Haven Services, Inc. d.b.a. The Gas Stop - On/Off Sale Malt Beverage; Dale or Tami Morrison, Morrison's Pit Stop - On/Off Sale Malt Beverage; Benita Corcoran, Sundowner Bar - On/Off Sale Malt Beverage; Russell & Dorothy Hansen, Rock & Roll Lanes - On/Off Sale Malt Beverage; Doug West, BMT, Inc., 73 Bar & Lounge - On/Off Sale Malt Beverage.
With no one appearing for or against the requested license renewals, Mayor Hart noted that the property taxes are paid to date and asked Chief Graham if he had any comments relative to renewing the above licenses. Graham advised that he had no problems to note regarding the above licenses.
Following discussion, motion was made by Schofield, seconded by Palecek to approve the renewal of the above Malt Beverage Licenses for 2008/2009 contingent upon all appropriate fees and applications being submitted. Motion carried with all members voting aye.
Council reviewed a three (3) year audit contract fee proposal from Wohlenberg, Ritzman and Co. for fiscal years 2008 thru 2010 as follows:
___2008 2009 2010__
Audited Financial Statements $6450 $6775 $7115
Annual Report Preparation $1500 $1500 $1500
*Plus, out-of-pocket expenses being estimated at $1,000 - $1,500 per year.
It was further noted that if the City receives a minimum of $300,000 in federal funds in any given year, an A-133 Audit is also required. This audit reporting will be an additional $1,800 in addition to the fees as stated above.
Council Member Palecek questioned FO Van Lint's opinion on the proposal? FO Van Lint stated that the proposal is sufficient. She is very satisfied with Wohlenberg, Ritzman & Co. as they provide an excellent service the City as well as being an important educational resource for the Finance Office.
Following discussion, motion was made by Palecek, seconded by Schofield to approve the three (3) year audit proposals for 2008 thru 2010 from Wohlenberg, Ritzman and Co. as stated above. Motion carried.
Motion was made by Kangas, seconded by Schofield to authorize Mayor Hart's signature on the Airport Grant Agreements for the 2008 Airport Project. Motion carried.
Council reviewed the annual airport inspection report completed on May 19, 2008. The only noted correction was to mow the cross-wind runway. PWD Lesselyoung stated that the mowing has been completed as this time. The report also stated that the cracks on the approach and tie down area are to be repaired this summer with chip sealing and painting to be anticipated in 2009.
Departmental Reports:
The quarterly Police Department report was reviewed with Chief Graham.
Motion was made by Palecek, seconded by Schofield to authorize Officer Butler's attendance at a Glock Armor School in Brookings on July 15, 2008. This will allow him the ability repair the departments hand guns in future. Motion carried.
Chief Graham reviewed the Public Safety Interoperable Communications grant available through the Department of Homeland Security. The grant funds are available to upgrade radios on the statewide interoperable communications system and will cover 75% of the costs. The City will be required to pay the remaining 25%.
Graham then proposed purchasing three new Motorola radios for the Police Dept; one for each patrol car and one for the office. The City's estimated cost would be $1,596.60. He noted that the current radios work part-time and would be kept on hand as back-ups.
Graham went on to say that the County will be administering the grant for the community and will include the following entities: County, City, Fire Dept. and Ambulance Service. The Police Committee has approved the City's participation in the grant as the notification was required by May 30, 2008. He then requested formal approval from the Council to purchase three (3) Motorola radios through the grant.
Following discussion, motion was made by Palecek, seconded by Kangas to authorize the Police Dept. to pursue the purchase of three (3) Motorola radios through the Homeland Security grant with the City contributing 25% of the costs of the radios to be used by our municipality. Motion carried.
The quarterly Rubble Site report was not available as the Rubble Site Operator, George Ainslie, was not present.
The community was reminded that the City will be hosting two (2) additional free dump days: June 7th and 13th, 2008.
The monthly Street Dept. report was reviewed.
Motion was made by Schofield, seconded by Walker to approve the asphalt crack sealing quote from Highway Improvements, Inc. in the amount of $2,828.16. The City streets and parking lots to be cracked sealed are: swimming pool, W. Pine St., E. Pine St and Prairie Dr. Motion carried.
The monthly Water Dept. report was reviewed.
PWD Lesselyoung updated the Council on the water loss reported during the last few months. He stated that one leak has been located and repaired and another one is being inspected.
The monthly Swimming Pool report was reviewed with Pool Coord. Carol Schofield.
Motion was made by Chin, seconded by Vetter to approve hiring Krista Van Lint as a substitute lifeguard at $7.00 per hour. Motion carried.
Motion was made by Chin, seconded by Schofield to approve hiring Alisia Lopez as the water aerobics instructor at $7.00 per hour. Motion carried.
C. Schofield reviewed the Pool Policy Handbook and the Health/Rec. Committee's recommendation for changes to current policies.
The policy regulating the age of those supervising children under six (6) years of age at the pool was discussed. Currently, policy states that a supervisor must be fourteen (14) years old within the year to supervise and the Committee has recommended lowering that age to ten (10) or (12) years old. C. Schofield stated that the City needs to consider the liability as the lifeguards are there to protect and serve, not to baby-sit. Also, it is the parents' responsibility to ensure their children are being taken care of at the pool. In her opinion, a ten (10) year old is too young, but would agree to compromise to a twelve (12) year old being allowed to supervise.
She then stated that according to the Extension Office, there is no state law regulating the age of babysitters, but the American Red Cross does provide a babysitting course to those at least fourteen (14) years of age.
Health/Rec. Committee Member Vetter stated that this was his recommendation to lower the age. He noted that he is aware of numerous parents that would like their older children to take their younger children to the pool, but can not due to the age restrictions for supervisors.
Following discussion, motion was made by Vetter, seconded by Chin to change the policy regulating the age of supervisors as stated above to twelve (12) years of age for the 2008 season. This will be reviewed in future if problems arise. Motion carried.
The next policy discussed was that of pool customers not being allowed to stay in the pool area during break times. C. Schofield noted that for liability reasons, lifeguards are required to be on the deck watching whenever people are in the pool area. If the City would allow people to stay in the area during break times, the lifeguards would not get a break to re-hydrate and get out of the sun for a few minutes. She did state that if three lifeguards were working all of the time, this would not be an issue, but with the shortage of lifeguards, this is not an option.
FO Van Lint also stated that this issue was discussed last year with the Pool Task Force. It was reported that pool patrons do not have area to go during the break times. Recently, she has visited briefly with the Health/Rec. Committee about a possible solution to utilize part of the Tennis Court area for a shelter/break area in the future. This will need to be discussed further during budget meetings for 2009.
Health/Rec. Committee Member Chin stated that in some other communities, people are to leave the pool area and the lifeguards are to check the pool for safety and liability reasons.
By general consensus of the Council, the above stated policy will remain the same.
C. Schofield went on to note that the admission and pool pass prices will remain the same as last year. The pool is scheduled to open on June 11th with open swimming from 1:00 p.m. to 6:00 p.m. and adult swimming from 6:00 p.m. to 7:00 p.m. Water Aerobics will be held on Tuesday's and Thursday's from 6:00 p.m. to 7:00 p.m. during the months of June and August.
Council was informed that the SD Dept. of Transportation will be accepting Community Access Grants until Aug. 1, 2008. The grants are available for road improvements to elevators, schools, hospitals and business districts.
The Council reviewed and accepted with regret, Council Member Dan Walker's resignation from Ward II and commended him for his fifteen (15) plus years of service to the City. His resignation is effective following the completion of old business during the July 7, 2008, Council Meeting.
Public Comments:
None.
In Other Business:
The Finance Office will be closed the mornings of June 10, 11 and 13 and all day on June 12, 2008. FO Van Lint and DFO Smith will be gone to SDML Human Resources and Finance Officers' School.
The SD Building Officials' Association Meeting is June 19 - 20, 2008, in Spearfish. No one is attending.
The City Offices will be closed on Friday, July 04, 2008, in honor of the Independence Holiday.
Motion was made by Vetter, seconded by Chin to approve FO Van Lint and Council Member Chin's attendance at the Elected Officials Workshop on July 11, 2008, in Pierre. Motion carried.
Council reviewed a request from Mike West with the local AARP for the City to purchase an American Flag for the Old School House Park.
Council Member Palecek stated that the local National Mutual Benefit (NMB) donates American Flag to parks and such. He recommended Mr. West contact one of the local NMB members.
The next regular City Council Meeting will be held on July 07, 2008, in the Community Room of the Courthouse beginning at 7:00 p.m.
With no further business to come before the Council, the Mayor declared the meeting adjourned at 7:59 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: June 12, 2008)
|
