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A regular meeting of the Philip City Council was held on Monday, July 7, 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, John Kangas, Dan Walker, 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, Tom Struble, City Attorney Gay Tollefson, Del Bartels with the Pioneer Review; and later, Jim Moriarity, Bob Thorson, Victor Franklin, Gay Logan and Terri Pelle representing the Philip Chamber of Commerce.
Absent: Council Member Dave Schofield
The agenda was reviewed with the addition of reviewing the terms of the Lake Waggoner Golf Course lease with the City and authorizing the Finance Officer to re-open the Golf Course checking account as well as a building permit presented by Sonny LaBeau.
Motion was made by Palecek, seconded by Kangas to approve the minutes of the last meeting as published by the Pioneer Review. Motion carried.
Council Member Palecek questioned the bill presented by the Pioneer Review in the amount of $2500 for the Match Bronc Ride. FO Van Lint confirmed that the proper documentation has been received for advertising and ticket printing for the event.
The Council directed the Finance Office to contact Branden West, the Match Bronc Ride event coordinator, for an update on the event at the next Council meeting.
Motion was then made by Kangas, seconded by Palecek to approve payment of the bills from the appropriated funds. Motion carried.
Gross Salaries - June 30, 2008:
Gross Salaries: Mayor & Council - $3275.00; Adm. - $4293.46; Police - $5350.79; Pool - $3286.92; Public Works - $2858.26; Rubble Site - $165.48; Sewer - $943.20; Street - $4766.66; Water - $2031.46
AFLAC Employee Supplemental Ins.- 06/08 221.28
EFTPS S.S., Medicare, Withholding- 06/08 6159.52
SDRS Employee Retirement- 06/08 2560.59
Additional Bills - June 2008:
All Star Auto 2004 Chevy Pick-up - 06/08 12200.00
Swimming Pool Petty Cash - 06/08 50.00
School Drainage Project:
SPN & Assoc. Pre. Design/Contract - thru 6/21/08 5200.00
(Approved contingent upon contract approval later in meeting.)
This Month's Bills:
Alltel Cell Phone 05-06/08 77.98
Aqua Products K.C. Supplies - 07/08 27.14
Arnold Pool Co. Pool Thermometer - 06/08 31.63
Bad River Rural Water Systems City Shop Water 05-05/08 23.50
Cenex Harvest States Fuel/Propane 05-06/08 3103.11
CNH Capital Supplies - 06/08 92.50
Commercial Pool & Spa Supplies - 06/08 68.62
Coyle's Super Valu Concession/Supplies 05-06/08 348.78
Dakota Care Ins. Employee Health Ins. - 07/08 7899.58
Delta Dental Ins. Employee Dental Ins. - 07/08 522.50
Display Sales Co. (2) State Flags - 06/08 117.00
Farm Plan Pool Paint/Supplies 05-06/08 877.93
1st Nat'l Bank - Philip Utility Postage - 07/08 105.66
1st Nat'l Bank - S.F. SRF Loan #01 Pay #140 - 07/08 3591.18
SRF Loan #02 Pay #116 - 07/08 2163.90
SRF Loan #03 Pay #19 - 07/08 2223.41
Fitzgerald Oil Co. Fuel 05-06/08 199.20
Golden West Telephone/Internet 06-07/08 627.86
Grossenburg Imp. Supplies - 06/08 35.75
Haakon Co. Treasurer Office Rent - 07/08 60.00
Haakon School 27-1 2008 Open Gym 750.00
Highway Improvements, Inc. 1,964 LF Asphalt Crack Sealing 2828.16
I-90 Fuel Services Fuel - 06/08 1736.11
Ingram Hardware Supplies 05-06/08 716.40
Morrison's Pit Stop Fuel/Repairs/Supplies - 06/08 545.88
NAPA Auto Parts Supplies - 06/08 31.55
Northwest Pipe Supplies/Culvert - 06/08 1315.06
O'Connell Construction 91.73 T Gravel - 06/08 412.79
Occupational Health Network Pre-Employment - 06/08 38.00
One Call Systems (9) Locates - 05/08 8.55
Petersen's Variety Supplies - 06/08 46.85
Petro Tech Fuel Signs - 06/08 37.61
Philip Motor, Inc. Parts/Repairs 05-06/08 61.96
Philip Standard Oil Chgs/Supplies - 06/08 88.90
Pioneer Review Publishing - 06/08 827.43
Match Bronc Ride Advertising 2500.00
Prouty, Debbie Salvage Reimb. - 06/08 248.10
Rock & Roll Lanes Pool Concession Candy - 06/08 90.80
Quill Supplies - 06/08 159.31
SPN & Assoc. Jim Avenue Survey - 06/08 2194.50
SD Dept. of Revenue Sales Tax Payable - 06/08 623.36
Water Coliform Testing - 06/08 12.00
Title/Plates Transfer - '04 Chevy 6.00
SD Federal Property Agency Fire Dept. Supplies 05-06/08 136.00
SDML 2008 Handbook Supplement 10.00
Smith's Fire Extinguisher Inspection/Recharges/Tests - 06/08 140.65
Summit Signs & Supply, Inc. Reface 2 Signs - 06/08 30.00
Tollefson, Gay Attorney Retainer - 07/08 150.00
USDA RD Loan Pay #43 - 07/08 3069.00
VISA - UMB Bank Supplies/Travel Exp.- 06/08 440.50
Waste Connections dba Walker Refuse (3) Dumpsters 5/19-5/31 52.85
Residential Collection - 06/08 4274.85
Dumpsters - 06/08 213.20
West Central Electric Electric Charges 05-06/08 2391.52
West Central Machine & Auto '99 Ranger Brake Repairs - 06/08 249.50
West Payment Center 2008 SDCL Pub. - 06/08 16.00
WR/LJ Rural Water 3,618,000 gals - 06/08 4522.50
Contract Min - 06/08 3000.00
Zeeb Pharmacy Concession/Supplies 06-07/08 755.97
Old Business:
PWD Lesselyoung updated the Council on the Ash Street sewer line. He noted that Street/Sewer Supt. Coyle oversaw the work necessary to complete and install the new sewer lines at 302 and 304 Ash St. to the main on Ash St. The old service line running south of the properties will be disconnected and abandoned following the construction of an addition to the property at 302 Ash St.
Council reviewed the Jim Ave. survey completed recently by Paul Reiland with SPN & Assoc. It was noted that several properties located along Jim Ave. are encroaching in and on the seventy foot (70') wide platted public right-of-way.
FO Van Lint stated that the survey was completed following a request by a property owner on Jim Ave. that was hoping to obtain a variance from the City to build within what was assumed to be the public boulevard right-of-way.
She asked the Council for their recommendation as to what action should be taken with the recent information gathered from the survey and noted various options for them to consider, i.e. leave the property as is; vacate a portion of the right-of-way taking into consideration the utilities located within that area; or, a possible land exchange with the property owners. She also requested authorization to file the Surveyor's Affidavit with the Haakon Co. Register of Deeds Office as recommended by Mr. Reiland and supply a copy of the survey to the property owners on Jim Ave.
Palecek stated that in his opinion, the City could not vacate enough of the street and would like to see the City leave it as is and correct the issue if curb and gutter is ever installed on the street.
Following discussion, motion was made by Palecek, seconded by Kangas to leave the property of Jim Ave. as is at this time. Motion carried with all members voting aye.
Motion was then made by Kangas, seconded by Palecek to authorize FO Van Lint to send copies of the survey to the property owners abutting the right-of-way along Jim Ave. and file a copy in the Haakon Co. Register of Deeds office. Motion carried.
City Attorney Tollefson updated the Council on the alcohol law changes reviewed during the June meeting. She noted that these law changes were discussed at a recent Municipal Attorney's Assoc. meeting and a draft ordinance has now been developed and made available through the SD Municipal League. She has reviewed the draft ordinance provided and recommends this format be utilized in developing an ordinance regarding Senate Bill (SB) - 126 for the City. A first reading may be held at the August Council meeting.
(Note: This draft ordinance only applies to SB-126. The other two laws reviewed at the June meeting: House Bill (HB) -1126 and HB-1203 are not inclusive with the draft ordinance and will need to be considered and developed in order to allow these types of licenses.)
City Attorney Tollefson then presented an update to the Council on the Civil Suit filed by Emily Kroetch claiming that her property is located outside the City limits.
Tollefson began by complimenting FO Van Lint on her many hours of research and hours she has spent compiling information regarding the municipal corporate boundaries of the City of Philip. She noted that not only time in the office, but travel time was also incurred due to the fact that Philip was originally a part of Stanley County before Haakon County was established.
Tollefson noted that all the documentation gathered by Van Lint has been compiled into a chronological format and, as requested, copies have been provided, not only to Tollefson, but to Ms. Kroetch's attorney, Ralph "Chip" Kemnitz, as requested by them.
Tollefson reported that recently, she has received two separate correspondences from Dan Van Gorp, who works with Mr. Kemnitz. The first correspondence states that they, Kroetch & Kemnitz, are resigning themselves to the fact that her property is located within the City limits, but would like to know if the City would be willing to allow the property to be removed from the City limits. This would allow her to have a goat so she doesn't have to mow her lawn as it takes her several hours to accomplish this task. Also, it was noted that she would appreciate the City not dumping raw sewage on her land.
The next correspondence received from Mr. Van Gorp, now states that they are very near admitting that she is in the City limits and would like the City to withdraw it there from. It takes her six hours to mow her yard and she would like to be able to have a goat or some other animal to help her. It also stated that she pays very little in taxes so the City would not be losing a large amount of tax dollars.
Mr. Van Gorp also notes that Ms. Kroetch asks the City to consider that she was led to believe by both Sandra Heaton, Haakon Co. Abstract, and Gay Tollefson that her property was not be located within the City when this matter began. This was based on the information Ms. Kroetch provided to both Ms. Heaton and Ms. Tollefson prior to the civil suit being filed. They feel that any reasonable review of an abstract or title insurance commitment would have arrived at the same conclusion.
The City's lift station was addressed in this correspondence. The first issue being that it is surrounded by a barbed wire fence, which they believe to be against City Ordinance.
The other issue being the raw sewage recently dumped on her property.
Last, but not least, they would appreciate an answer from the City Council during their July meeting as to whether or not they will allow her property be removed from the City limits to prevent any further action relative to the sewage dumping.
Tollefson stressed that, in her opinion, as no other reasons have been voiced by Ms. Kroetch's attorney, her reason for filing the suit against the City was due to the need for an animal to help maintain her yard. If this is the case, this has cost the City and its taxpayers a lot of money and time. The incurred costs of the law suit include, but are not limited to, additional attorney fees, Sandra Heaton's fees for research, FO Van Lint's research time and travel expenses, as well as evidentiary copies that were required in the initial interrogatories. The total expenses have not been compiled at this time.
Council Member Vetter questioned if the City could counter sue Ms. Kroetch for the costs incurred? Tollefson stated that she will have to research the counter suit option as some of these costs may be considered ordinary business of the City.
FO Van Lint stated that the City does have an easement for the sewer lift station and crossing with Ms. Kroetch. She and Mr. Kroetch were monetarily reimbursed for said easement.
It was also noted that Ms. Kroetch questioned the costs incurred by her late husband for a water line installation during the 1970's. In order for Kroetch to get City water at that time, he received permission from the City Council to tap the closest water main to his property, which was located on E. Oak St. This also required him to run a line under the railroad tracks as the City did not have water or sewer south of the railroad tracks until the early 1980's. The City's tapping policy then and still today states that a property owner desiring water service must pay installation costs from the water main to his or her property.
Tollefson noted that she did recommend Mr. Van Gorp and Ms. Kroetch attend this meeting of the Council to review their concerns and answer questions the Council may have. (Note: Neither party attended this meeting.)
Mayor Hart confirmed with PWD Lesselyoung that the barbed wire fence will be removed from around the sewer lift station and different fencing will be installed in the very near future. He also questioned Mr. Lesselyoung about the sewage discharge on Ms. Kroetch's property.
PWD Lesselyoung stated that the sewage discharge occurred during the June 6th, 2008, flood event. The lift station was inundated with flood water and the pumps could not keep up with the amount of storm water and sewerage that was coming in from the City's sewer mains into the lift station. During his and Street/Sewer Supt. Coyle's investigation of the problem, they found two vacant trailer house lots on Locust St. that did not have the appropriate sewer caps in place on their service and flood water was running into the sewer system. He stressed that they were in an emergency situation as the sewer mains were already starting to back-up and in order to prevent any sewage back-up into residential homes and/or businesses; they had to get rid of the excess by pumping it out of the lift station. He noted that the majority was river water, but also included some sewage. It was pumped out approximately 5 to 6 feet to the north of the lift station and flowed east to the river. All actions taken by the City to alleviate this emergency situation have been documented and filed.
Following the presentation and review of information by Tollefson and Lesselyoung, a motion was made by Council member Walker, seconded by Vetter to deny Ms. Kroetch's request to have her property withdrawn from the corporate limits of the City of Philip. Motion carried with all members present voting aye.
Tollefson will investigate the City's options relative to a counter suit and present her findings at the next regular meeting.
Executive Session: none.
Council reviewed the following building permits: Christine Andrus - 4'x 4' temporary sign; Ernest Clements - landscaping blocks; Ron and Nancy Haigh - remove retaining wall and re-grade front yard, replace sidewalks on east and south sides of house; Terry and Jennifer Henrie - concrete patio; Rod Knutson - demolish half of shed and remodel remaining half; Sonny LaBeau - 8'x 8' shed; Ralph McQuirk for BMT, Inc. - sewer & water lines extended, replaced lines with new, re-tapped City main sewer line; Mike Moses - install drain tile around east side foundation and construct 10'x 14' addition to east side of house; Trace and Jennifer O'Connell - replace shed with a 16'x 12' shed; Howard and Shirley Parsons - install drive over curb; Philip Health Services - sidewalk replacements; Scott and Stacy Pinney - replace shingles & fence; Scotchman Industries - private sewer line addition; Ray Smith - replace sidewalk & concrete in boulevard area; and, DeLayne Williams - install eave troughs, cover eave fascia, new decking on south porch, new steps off south porch with ramp and replace windows.
Motion was made by Kangas, seconded by Palecek to approve the above permits as presented. Motion carried.
Mayor Hart, Council and those in attendance voiced their appreciation and thanks to Dan Walker for his many years of service to the City. He has held the position of Council member of Ward II since 1994. At this time he has resigned his position.
Mayor Hart asked for any comments from Mr. Walker about his experience with the City.
Mr. Walker stated that he has enjoyed his experience as a City Council Member, but feels it is time to step down and let someone new take on the challenges and rewards of the position. He feels it is very important to keep the new ideas flowing and to not be afraid to get involved. He also stressed that he appreciates everything he has learned from this experience; even why you have to say "no" at times.
At this time, Council Member Dan Walker removed himself from the Council table and wished his replacement, Tom Struble, luck. He left the meeting at this time.
New Business:
Tom Struble then took his seat at the Council table as the newly appointed Council Member of Ward II to complete the term vacated by Dan Walker.
FO Van Lint then administered the Oath of Office to John F. Hart, Mayor of the City of Philip.
Mayor Hart, in turn, administered the Oath's of Office to the following Council Members: Shirley Chin (elected), John Kangas (elected), Mike Vetter (appointed) and Tom Struble (appointed).
Election of Council President and Vice President was held.
Motion was made by Kangas, seconded by Chin to nominate Mike Vetter as Council President, that nominations cease, and a unanimous ballot be cast for Mr. Vetter. Motion carried with all members voting aye.
Motion was then made by Vetter, seconded by Palecek to nominate John Kangas as Council Vice-President, that nominations cease, and a unanimous ballot be cast for Mr. Kangas. Motion carried with all members voting aye.
FO Van Lint went on to review SDCL 9-13-28 regarding election laws and the time allowed for elected officials to qualify for office. The law states that an elected official must qualify by taking an oath of office within ten days after the first meeting succeeding the election. Currently, oaths of office are taken in July, which was in compliance with State law when the City was combining their election with the School and/or County in June each year. During the past few years, the City opted to combine their election with the School District and is holding its elections in April. Should the Council decide to continue the elections in April with the School, the oaths of office will need to be taken during the May Council Meeting as well as that being the time for the terms of office to begin and end.
Following discussion, motion was made by Vetter, seconded by Kangas to change the terms of office to begin in May in accordance with SDCL 9-13-28. Motion carried with all members voting aye.
At this time, Mayor Hart presented the new Council Committee Appointments for 2008/2009. They are as follows:
First name of the Committee list is the head of the Committee.
AIRPORT BUDGET BUILDING GARBAGE
Kangas Palecek Palecek Chin
Schofield Kangas Struble Vetter
Vetter Schofield Kangas Schofield
NUISANCE POLICE REC./HEALTH STREET
Chin Kangas Chin Palecek
Vetter Palecek Schofield Vetter
Struble Vetter Struble
WATER/SEWER
Kangas
Chin
Struble
Mayor Hart advised those present that the City has been greatly honored by the State of South Dakota and Governor Michael Rounds in that the City of Philip has been chosen as "Capitol for a Day". The City initially made application to host the event in 2004 and after four years, have been given the opportunity to showcase our community and to host Governor Rounds and sixty of his cabinet members, elected officials and key individuals from all areas of State Government and its Departments. Due to the Governor's schedule, the official date of the event has not been set, but they are considering late August or early September.
FO Van Lint noted that a meeting was held last week with staff from Governor Rounds' office. The initial planning stages are taking place with the City, Chamber and School brain storming and making preliminary plans for this exciting event. She stressed that this will be a huge event for our community and will require cooperation and assistance from a large number of our local volunteers and residents in order to assist in making it as successful and interesting as possible.
She went on to state that the Governor and First Lady are very youth oriented and the school will be involved in most activities as well as they have offered their facility to host the event. She then reviewed some of the events that will take place. They are as follows: roundtable meetings throughout the community; community tour; Project 8; Fatal Vision; Governor Rounds will meet with twenty to thirty high school students; EXPO featuring twenty-three State Departments; First Lady Rounds' cookbook signing; and, an evening dinner to include the Governor's speech and question and answer session. More information about the events will be provided later.
She then presented the Council with a budget request in the amount of $5,000 to help fund the event. Some of the costs for the event will include a catered meal, banners, table covers and decorations to name a few. She noted that she would recommend tickets be sold for the event with the dinner being free of charge. An idea being pursued is that of distributing the money raised from the ticket sales to the organizations that help with the event.
Following discussion, motion was made by Vetter, seconded by Palecek to appropriate $5,000 to the "Capitol for a Day" event. Motion carried.
School Drainage Project:
The Council reviewed the impact analysis for the proposed project on the City's floodplain and environmental concerns regarding the Community Development Block Grant (CDBG) Storm Water Drainage Project at this time. A portion of the project is in and/or adjacent to an identified floodplain. The project ends at the corner of West Pine Street and West Ave. The FEMA flood insurance rate map shows the floodplain beginning at this intersection on Pine Street. A requirement of the environmental assessment process under the grant requires the Council to analyze alternatives to a project in and adjacent to a floodplain and to discuss the impacts of the action and any possible measures to mitigate the adverse impacts. As the storm sewer pipe for this project will connect into a storm water drainage inlet located on the north side of West Pine Street at "said" intersection, the project would be just outside the identified floodplain, but adjacent to it. Minor construction for the project may occur just inside the floodplain-street repair. The project is being undertaken to control damage due to localized flooding conditions and this is the most direct and economical construction route to prevent repeated damage to both public and private property in the "school hill drainage area" during periods of no more than 1" of rainfall and during periods of rapid snowmelt. Thus, for the health and safety of its citizens, the City plans to proceed with the project as planned with the construction recommendations of the City's consulting engineer and various State and Federal Agencies.
The Governor's Office of Economic Development has determined environmental exemptions for the project and has released CDBG funds for administration, design and engineering only, at this time.
Motion was made by Palecek, seconded by Vetter to approve the engineering agreement for the project as presented by SPN & Assoc. The estimated engineering costs are as follows: preliminary design - $7,000; final design - $16,000; bidding and negotiation - $5,000; and, construction - $30,000. Motion carried with all members voting aye.
Motion was made by Vetter, seconded by Kangas to approve the CDBG Administration Assistance Agreement with Central South Dakota Enhancement District (CSDED) in the amount of $8,000 with $7,500 of those costs being paid through the CDBG funds and $500 local matching funds. Motion carried with all members voting aye.
Motion was made by Vetter, seconded by Kangas to approve the Equal Opportunity Policy in accordance with CDBG grant requirements. Motion carried with all members voting aye.
Motion was made by Vetter, seconded by Kangas to approve the Relocation, Displacement and Acquisition Policy in accordance with the CDBG grant requirements. Motion carried.
Mayor Hart noted that PWD Lesselyoung, FO Van Lint, Street Cmt. members and himself recently met with a number of of the School Board Members regarding the Philip School Drainage project.
It was noted that numerous items regarding the project were discussed. The allocation of the CDBG funds have been recommended to be prorated between the City and School per each entities cost share of the project. Authorization was also given for City Attorney Tollefson to draft a contractual agreement between the City and School regarding the project. A right-of-way easement will also need to be pursued from one of the adjoining property owners of the project site. The proposed bid opening date would be November or December 2008 with construction to begin after school dismisses in May 2009. (The City had also planned to re-bid Ash St. for the third time in conjunction with the School Drainage Project.)
At 8:00 p.m., Bob Thorson and Victor Franklin met with the Council to review City Ordinance #7-600 (originally adopted as #2004-11 following its second reading on Dec. 06, 2004), prohibiting private structures located within the public rights-of-way.
Thorson and Franklin respectfully requested that the Council seriously consider either amending or rescinding this ordinance as it prohibits curbside mailboxes, which in turn deprives City residents of their entitlement to a free form of mail service.
It was stressed that they do not represent the United States Postal Service (USPS). The information they will share with the Council is from their numerous hours of research and has been gathered from USPS hand-outs, emails from USPS representatives and personal experience.
Mr. Thorson stated that from personal experience as a Contracted Rural Mail Route Carrier, he has had numerous people in the City request a curbside mailbox. He does not solicit for this service, but once he receives the request, he refers them to the local Postmaster then follows up with the citizen. According to those citizens, the Postmaster advises them that the City of Philip has an Ordinance that prohibits curbside mailboxes.
He further noted that in May 2007 he met with Cindy Lipp, Post Office Manager for the area, and discussed numerous USPS regulations. During their discussion, Ms. Lipp advised him that the postal service does not get involved in local decisions. This in turn, prompted him to obtain copies of the City's minutes from the Aug. 2, 2004, Council meeting, as well as a copy of the City's Ordinance relative to the prohibition of structures in the public-right-of-way, and in his opinion, the U.S. Post Mistress of Philip, Jody Kammerer, influenced the City Council's decision to adopt that ordinance. He then read the minutes to support his opinion, "Hart informed Kammerer that the City currently has no ordinance regarding curbside mailboxes. Kammerer asked the Council to get an Ordinance developed as soon as possible."
Mr. Franklin went on to state that Philip is the only known City within western South Dakota that has an ordinance prohibiting curbside mail delivery. According to the other communities contacted, this type of mail service is encouraged.
He stated that curbside mail delivery would only be available in residential areas, not business areas as this would require door-to-door mail delivery.
He then reviewed the City's previous concerns noted for parking and snow removal with curbside mail delivery. He stated that delivery time is between 10:00 a.m. and 2:00 p.m. which are "working" hours for most individuals and would alleviate a traffic rush by the Post Office in the morning hours. Also noted was his previous experience living in Iowa for 20 years with curbside mail delivery. He stated that snow removal was never a problem with mail delivery and believes that this would also be the case in Philip.
FO Van Lint noted that in 1999, Karen Hansen, the local Post Mistress at the time, visited with the Council regarding a request to place eight curbside mailboxes at the corner of Pine St. and Center Ave. for the Senechal Residents. She then questioned Mr. Franklin how this type of situation would be handled?
He stated that in the case of the Senechal Apt. building, it would require mailboxes installed inside the building with door-to-door delivery service. They are still in the process of obtaining more information on the door-to-door delivery service. The information they have at this time is from Ms. Lipp and according to her, a town must have a population of 2,500 to qualify for this service.
Mr. Franklin and Mr. Thorson both reiterated that their goal is to have the Council rescind or amend the Ordinance and questioned the Council if any more information is needed for this to happen. Their biggest issue is that citizens are deprived of free mail service.
Council Member Vetter questioned if the entire City would be allowed a curbside mailbox?
Mr. Thorson stated that curbside mailboxes would have to be located on the Rural Mail Route Carrier's designated line of travel which is regulated by the USPS for free mail service. For example, his route starts at the Post Office and travels north on N. Wood Ave., then west on Highway 14 and then north on Highway 73 out of town. He also returns to town the same route. Furthermore, this would also apply to those citizens living within a half mile radius of the route and could be allowed to place a mailbox on the route. Currently there are four Rural Mail Route Carriers leaving Philip and this would allow numerous citizens the option for a curbside mailbox free of charge. He also stated that the mailboxes could be located in one designated area on the block instead of each resident having their mailbox in front of their home.
Vetter then questioned about the location for the cluster of mailboxes on the route and how it is regulated as he is concerned that it may become an ugly cluster of mailboxes in one area as well as obstructing one person front property?
Mr. Thorson stated that the City, in cooperation with the USPS, could regulate the mail box placements in the boulevards. He gave an example of a map utilized in the Wall Post Office that outlines the properties located within the allowed area of a route, the Contractor's routes, mailbox routes and where mailboxes are allowed. This alleviates a lot of confusion when residents are wishing to install a curbside mailbox.
FO Van Lint stated that the City has received Ordinances from other cities that regulate mailbox location, property owners' responsibilities and types of mailboxes as well as compliance with the USPS regulations. The City would need to work with our local US Post Office to establish the mailbox placement areas as well any other requirements for curbside boxes. This would also be something that would need to be regulated through a building permit and maintained by the property owner.
A question regarding the delivery of mail if a mailbox is blocked was addressed. Mr. Thorson stated that his contract says that he, as a Contracted Mail Route Carrier, is not required to dismount from his vehicle to deliver mail. He also stated that he is not aware nor has he heard of any problems with curbside mail delivery in larger cities so he does not foresee any problems in our smaller community.
Mayor Hart questioned Mr. Thorson's contract with the USPS for mail delivery? Mr. Thorson stated that he is reimbursed for miles driven, fuel, hours driven and the number of boxes delivered to. It was noted that an annual route inspection is completed and his contract amount can increase or decrease depending upon the number of mailboxes on his route.
Vetter voiced concerns for mailbox clusters being located in the boulevards as the property owner wouldn't have any say as to their placement.
FO Van Lint stated that in her opinion, all of the current issues regarding payment for a post office box arose after the USPS reported that some properties receive free post office boxes and others have to pay for one, depending upon where you live.
She then recommended the Council canvas their individual wards to determine the City residents' points-of-view and opinion of curbside mailboxes. She stressed that they are the ones that will be affected if the Council would opt to rescind or amend the Ordinance and allow curbside mailboxes.
No action was taken and Mr. Franklin and Mr. Thorson were asked to revisit the Council at the next regular meeting.
Mayor, Council and those in attendance thanked Mr. Thorson and Mr. Franklin as they left the meeting at this time.
Motion was made by Kangas, seconded by Chin to authorize a direct deposit payment of the Dakotacare Health insurance monthly premiums. By authorizing the direct payment, the City will save $25 per month in administration fees. Motion carried.
Council reviewed the Special Events License Application presented by the Chamber of Commerce for the Philip Festival Days to be held Aug. 1st - 3rd, 2008.
Terri Pelle, representing the Chamber of Commerce, noted some changes to their application. She stated that the band will be set-up on Barry Knutson's property with the alley closed in between The Steakhouse and 73 Bar for alcohol sales. This will be the same set-up as that held last weekend during the Firemen's Ball. A dance area will still be set-up in the street from the alley south to the end of Center Ave. She also questioned who is responsible for security?
Mayor Hart questioned Chief Graham's position on the application? He stated that last weekend went very well. He noted that the bars and/or Chamber must provide their own security as they did last weekend. The City may want to consider hiring an additional Police Officer for the weekend, as we have done in the past. In this case, we could possibly hire Terry Deuter who has already been previously approved for said services to the City.
Ms. Pelle was advised that the City must be provided with a signed documentation from Mr. Knutson allowing use of his property for their intended purposes that weekend.
Following review, motion was made by Vetter, seconded by Chin to approve the Special Events License Application presented by the Chamber of Commerce for the Philip Festival Days to be held Aug. 1st - 3rd, 2008, contingent upon receiving confirmation from Barry Knutson with regard to the use of his property. Motion carried.
Motion was then made by Palecek, seconded by Vetter to authorize Chief Graham to hire an additional Police Officer for the Festival Days weekend at $15 per hour. Motion carried.
Council reviewed a request from Beau Ravellette, Sales Rep for Ravellette Publications, to sponsor an ad for the upcoming "Farmers Market" in the amount of $250.
It was noted that the City has already waived the peddler's licensing fees and authorized them to utilize public property as well as the installation of a temporary advertising sign for promotion of the event.
Council Member Palecek questioned the recent amount of requests for advertising allocations for community events? FO Van Lint stated that State Laws regulate what City funds can be used for and in this case, it would be to promote themselves, which would include advertising.
Following discussion, motion was made by Palecek, seconded by Vetter to deny the request to sponsor an ad for the "Farmers Market". Motion carried.
Motion was made by Palecek, seconded by Vetter to approve Resolution #2008-06 as follows. Motion carried with all members voting aye.
RESOLUTION #2008-06
AUTHORIZING USE OF STREET DEPARTMENT
RESTRICTED CASH
FOR PURCHASE OF A NEW VEHICLE
BE IT RESOLVED by the City Council of the City of Philip, South Dakota, that the Finance Officer is hereby authorized and directed to utilize $12,200.00 in the street department restricted cash, which was reserved for the 2008 Annual Appropriations Budget (Ord. #2007-07) for the purpose of purchasing a new vehicle for the street department.
Dated this 7th day of July 2008.
/s/John F. Hart, Mayor
ATTEST:
/s/Monna Van Lint, Finance Officer
(Publish: July 17, 2008)
Motion was made by Chin, seconded by Kangas to approve the 2008 Mosquito Control Grant Agreement with the SD Department of Health. Motion carried.
Motion was made by Palecek, seconded by Vetter to approve the 2009 budget request in the amount of $875.00 and the Cooperative Agreement with the Central South Dakota Enhancement District. Motion carried.
Airport Project Update:
Motion was made by Kangas, seconded by Vetter to approve Mayor Hart's signature on a State Financial Assistance Agreement for the 2008 Pavement Maintenance Project for the Philip Municipal Airport. Local cost share of this project is estimated at $500. The City previously approved utilizing its fuel tax revenue funds to finance the local share of this project. Motion carried.
Council Member Kangas questioned the SRE Building project in terms of starting and who is responsible for compensating the rising material prices?
He was advised that the contractual documents and "Notice to Contractor to Proceed" are arrived in the Finance Office today and are awaiting the Mayor's signature.
Departmental Reports:
The quarterly Administrative report was presented by FO Van Lint. Year to date revenues, expenditures, certificates of deposit and sales tax collections of $173,934.65 were reviewed.
The 2009 budget meetings will be held July 22nd, 24th and 25th, 2008.
The quarterly Airport report was reviewed.
The monthly Police Dept. report was presented and reviewed with Chief Graham.
The monthly Pool report was presented by Pool Coord. Carol Schofield.
Schofield reported of a possible pool closure from July 10th thru 12th due to lack of available lifeguards. It was noted that she contacted the Pool Cmt. in regards to contracting with lifeguards from Kadoka for those dates so the pool would not have to be closed. She stated she would appreciate the Council's authorization to contract with them for $60 per day.
Motion was made by Kangas, seconded by Vetter to authorize contracting with lifeguards from Kadoka on July 10th, 11th, and 12th, 2008, for $60 per day. Motion carried.
Council went on to review a pool application presented by Debbie Hansen as a substitute lifeguard. It was noted that she was not available to work on the dates noted above.
No action was taken at this time on Ms. Hansen's application.
The pool admission policy for those entering and observing at the pool in street clothes was discussed. Recent complaints have been made regarding the current policy that states, everyone entering the pool must pay a $3 admission fee. It was noted that the policy has been in effect since 2000 if not before, but was not enforced until recently.
Schofield presented possible options to accommodate those individuals and they are as follows: (1) charge $1.00 admission fee; (2) free admission to those in street clothes; and, (3) authorize one name on the pool pass as an additional guardian or grandparent.
The option to authorize a guardian or grandparent's name on a pool pass to enter the pool in street clothes at no charge was discussed. This would only apply to those with pool passes.
Council Member Vetter spoke in favor of allowing those in street clothes to enter the pool at no charge. It was noted that the City will be losing $3 for each person entering the pool in street clothes, but in Vetter's opinion, he feels it would be the best solution to the recent complaints. He gave an example of a mom and dad coming to the pool with their child and paying $3 for the child. In other words, the policy would need to allow two people to enter free of charge and not restrict it to only those that have a pool pass to accommodate his example.
Following discussion, motion was then made by Vetter, seconded by Kangas to approve changing the admission policy to allow two people in street clothes free of charge for each paid swimmer effective immediately. Furthermore, this is not retroactive and those that previously paid the $3 admission charge for entering the pool in street clothes will not be reimbursed. Motion carried.
Schofield went on to advise the Council that the Forty and Eight Group has once again donated $150 to the pool for a "Free Swim Day" for any kids 18 years and under. She would recommend that the City host the "Free Swim" in conjunction with the Farmer's Market kick-off date, July 19th, or during one day of the Festival Days weekend, July 31st thru Aug. 2nd, 2008.
Motion was made by Vetter, seconded by Kangas to approve hosting the "Free Swim Day" on July 19th, 2008, in conjunction with the Farmer's Market kick-off day to also promote the new community endeavor. Motion carried.
Mayor, Council and those in attendance thanked the Forty and Eight for their continued support of our community and its youth by hosting the "Free Swim Day".
The monthly Street Dept. report was reviewed.
PWD Lesselyoung stated that they will be contacting the hot-mix batch plant located just west of town for a quote on hot mix to repair the pot holes through-out town.
The monthly Water Dept. report was reviewed with a new water loss comparison report.
PWD Lesselyoung stated that he will be visiting with Water Supt. Pearson with regard to contacting West River/Lyman Jones Rural Water Systems, Inc. to assist in locating any remaining water leaks.
The City's Surface Water Discharge Permit has been submitted for renewal.
Border States Paving has been issued a temporary permit to withdraw a maximum amount of 60,000 gallons of water per day from Lake Waggoner.
The Business District will be hosting a "sidewalk sale" on July 19th in conjunction with the Farmer's Market kick-off day. The community would also like to host a city-wide rummage sale during this time.
Motion was made by Chin, seconded by Vetter to inform the community and businesses that a one day sidewalk sale is permitted in accordance with the City's Ordinances regulating sidewalk use. This is a temporary event and does not apply. Motion carried.
FO Van Lint presented the Council with a request from the Lake Waggoner Golf Course regarding the lease agreement between then City and the Lake Waggoner Golf Course. In years past, the City maintained a checking account for the organization, which was closed due in large part to an audit recommendation and lack of activity within this account. Recently, it has been brought to her attention in reviewing this lease agreement that, according to the lease, the City is to maintain an account on behalf of the Lake Waggoner Golf Course and it is to be maintained in the City's parks and recreation program.
She then recommended the Council authorize reopening the account on behalf of the Golf Course with the stipulation that tax exempt donations made to the golf course must be deposited in this City account and the appropriate documentation authorizing the City to make expenditures from this account be provided to the Finance Office in the form of written documentation such as copies of Board meeting minutes noting board authorization to make said expenditures.
Motion was then made by Struble, seconded by Kangas to authorize FO Van Lint to reopen the City of Philip Lake Waggoner Golf Course checking account as outlined in the current lease agreement between the City and Lake Waggoner Golf Course and that the aforementioned stipulations as they relate to this account be enforced. Motion carried.
Executive Session: None.
Public Comments:
Mayor, Council and those in attendance expressed their sincere appreciation to Roger Williams and Kit Graham for all their hard work in cleaning out the Lake Waggoner bathroom for the public's use. Thank you both!
In Other Business:
The Elected Officials Workshop is July 11, 2008, in Pierre. Council Member Chin and FO Van Lint will be attending.
The SD Dept. of Transportation will be hosting public meetings in the near future to review the five year state-wide plans. Contact the Finance Office for more information.
The Public Risk Management Assoc. Annual Conference is Sept. 14th -16th, 2008, in Brookings. Contact the Finance Office by Aug. 4th, 2008, if you plan to attend.
The next regular City Council Meeting will be held on August 04, 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 9:20 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: July 17, 2008)
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