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A special meeting of the Philip City Council was held on April 21, 2009, at 3:30 p.m. in the Commissioner's Room of the Haakon Co. Courthouse.
Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Shirley Chin, Monte Palecek, Tom Struble, John Kangas and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Tom Lesselyoung, Del Bartels of the Pioneer Review; and later, Utility Coord. Carol Schofield.
Absent: Council Member Schofield
Mayor Hart called the meeting to order and announced that the Council would convene as a Board of Canvassing.
At this time, the Mayor and Council members of the City of Philip proceeded to act as the Board of Canvassers for the Municipal Election held on April 14th, 2009.
Council then reviewed the official Poll Books of the April 14th, 2009, election with the following official canvass results noted for the record:
Initiated Measure to Amend City Ordinance # 7-600 - Mail Boxes in Right of Way
Yes - 98 No - 114 Total - 212
Ward III - Council Member - 2 Yr. Term
Greg Arthur - 43 Trisha Larson - 34 Total - 77
Motion was then made by Palecek, seconded by Vetter to approve the official Canvass of the April 14th, 2009, Municipal Election as presented above. Motion carried with all members voting aye.
FO Van Lint presented certificates of election to Monte Palecek, Ward I Council Member and Tom Struble, Ward II Council Member as they ran unopposed.
With nothing further, the Council adjourned as the Election Canvass Board at 3:40 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: April 30, 2009)
PROCEEDINGS OF THE CITY COUNCIL
CITY OF PHILIP, SOUTH DAKOTA
SPECIAL MEETING CONTINUED
April 21, 2009
Mayor Hart called the meeting to order and announced that the Council would reconvene as the City Council.
Mayor Hart announced that he along with Glen Haines, City of Faith Mayor, will be proclaiming Friday, April 24th, 2009, as "Thomas Lesselyoung Day". This is in honor of Tom's retirement from the City of Philip Public Works Director for the last fifteen years and his previous employment with the City of Faith from 1974 to 1994.
Motion was made by Struble, seconded by Kangas to approve the 2nd reading of Ordinance #2009-02, Amending Section 4-108, Open Beer and Alcoholic Beverage Container. Motion carried with all members voting aye.
ORDINANCE #2009-02
AN ORDINANCE AMENDING SECTION 4-108 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 Section
4-108 is hereby established to read as follows:
4-108 OPEN BEER AND ALCOHOLIC BEVERAGE CONTAINER
It shall be unlawful to possess any bottle or container containing alcoholic beverage as defined in SDCL 35-1-1, on which the seal has been broken or any glass, can, or other container of alcoholic beverage in any public place, automobile, street, alley, sidewalk, or public park except when the City has issued a special event retailer's license pursuant to SDCL 35-4-11.4 and SDCL 35-1-5.3. In order for the City to issue such license, the applicant must be a civic, charitable, educational, or fraternal organization, which is sponsoring a special event, and such organization must comply with the regulations set forth on the Application for Special Events License.
Dated this 21st day of April, 2009.
/s/ John F. Hart, Mayor
ATTEST:
/s/ Monna Van Lint, Finance Officer
First Reading: April 06, 2009
Second Reading: April 21, 2009
Yeas: 05 Nays: 00
(Published: April 16 and April 30, 2009)
Council reviewed the following building and flood plain development permits as presented: Mel Smith on behalf of Dugan Stewart - 18' x 24' addition, 12' x 24' deck and move garage 65' to the east; and, West River Museum Society - dismantle existing buildings as they are a safety hazard and prepare the lot for future construction.
It was noted that the permit presented by Mel Smith to move the garage on Dugan Stewart's property has been changed. A new permit for this portion of the work has been filed today to move the garage to a different location, 502 Valley Drive, and will be presented for Council's approval at the May Council meeting.
Following review, motion was made by Palecek, seconded by Kangas to approve the above permit as presented with the exception of moving the garage on Dugan Stewart's property. Motion carried.
Motion was made by Vetter, seconded by Chin to approve the 2007 Audited Financial Report for the City of Philip. Motion carried with all members voting aye.
PWD Lesselyoung informed the Council that a small portion, approximately six inches in diameter by two inches deep, of Kent and Shelia Olson's concrete curb radius was damaged during snow removal. He is not sure of the exact date of the occurrence or the equipment responsible for the damages.
He stated that he has contacted Ray Gibson with Gibson Concrete Construction on two separate occasions for a quote to complete the repairs to the curb. To date, a quote has not been received.
Council Member Palecek questioned the history of the complaint and damages?
FO Van Lint stated that Ms. Olson contacted the City Finance Office a few weeks ago regarding the damages to her curb from the City equipment during snow removal this winter. This was referred to PWD Lesselyoung and was investigated.
PWD Lesselyoung stated that the damages occurred on the north side of the curb radius on their driveway approach that was installed during the construction of their home. He noted that Olson's would prefer to have this repaired during the remaining replacement of the curb and gutter that was removed during construction of their home.
FO Van Lint also noted that Ms. Olson has also voiced concerns about future damages not only to her curb and gutter, but also the sprinkler heads located in the boulevard area. She mentioned the possibility of piling the snow in the middle of the street instead of in front of her property.
Ms. Olson was advised that the reasoning for piling the snow along the curb on the west side of Philip Ave. is to allow the dental and chiropractic office patients a safer means of travel without having to go around a snow pile. Furthermore, she advised Ms. Olson that there is no guarantee that damages to her curb and gutter will not happen again.
It was stressed that the City personnel strive to be as careful as they can when removing snow from the curb and gutters throughout town. There are times when the snow is piled up, the curb line is buried and not visible and sometimes results in damages to the curb.
Palecek further questioned who owns the curb and gutter? It was noted that it is the property owner's responsibility.
As discussed was the possibility of the City being required to replace and/or repair other curb and gutter due to damages during snow removal. This could possibly become an ongoing expenditure for the City.
Council Member Vetter suggested the idea of implementing a policy to review damages such as Olson's on a case by case basis. For instance, a new curb and gutter installed within the last year would hold precedence to that that was installed fifteen years ago.
Council Member Kangas also recommended that the City consider patching the area by drilling out the concrete, installing more rebar and patching it. With the damaged area being of that size, in his opinion, this would be an option.
Mayor Hart recommended the Council review the damages to Olson's curb radius and report back at the May Council meeting. At that time, he is also hopeful that Mr. Gibson will have a quote for the repairs ready for the City to review.
Council reviewed correspondence from the SD Dept. of Transportation (DOT) regarding available Transportation Enhancement Stimulus (TES) funds.
Mayor Hart stated that he has contacted Jim Hyde with the SD DOT office with regard to the City's proposed project for the sidewalk / bicycle path along Highway 73 aka Larimer Ave., from W. Elm St. to Bennett St.. According to Mr. Hyde, this project would be an eligible project for the TES funds.
It was also noted that the project preliminary design engineering was completed in 2004 and since that time, the City has pursued funding on two separate occasions. The SD DOT office surveyed the area, but unfortunately both funding applications were denied.
Mr. Hyde also informed Mayor Hart that during the survey completed by the SD DOT, the current sidewalk along Highway 73 aka Larimer Ave. from the Bad River bridge north to W. Elm St. does not meet ADA requirements. The City will need to apply for funding of Phase I of the project as Phase II will be developed in the future to rehabilitate the existing sidewalk so it will meet ADA requirements.
FO Van Lint advised the Council that she has also been in contact with Harlan Quenzer, Engineer with SPN & Assoc., and Marlene Knutson, Director of the Central SD Enhancement District, regarding an application to the SD DOT for funding. According, the Council will need to approve Resolution #2009-03, authorizing the Mayor to submit application on behalf of the City.
Council Member Vetter questioned the amount of funds the City will be requesting to complete the project?
FO Van Lint stated the maximum amount of available funding per applicant is $250,000 for construction costs. The TES funding will cover all of the construction costs with the City being responsible for the engineering, administration and maintenance costs. Furthermore, it was noted that when the project was designed in 2004, it was estimated at $108,000 which included engineering fees. She also noted that since that time, costs have increased considerably and feels that $250,000 would be sufficient to cover the construction costs.
Council reviewed the engineer's plans for the project. It was noted that a retaining wall which encompasses a community sign in the hill side will be installed for safety and beautification purposes. This is also an eligible item within the funding.
Following discussion, motion was made by Vetter, seconded by Palecek to approve Resolution #2009-03, City of Philip Authorizing Application for SD Dept. of Transportation Stimulus Funds, Highway Pedestrian/Bicycle Corridor Connector Project. Motion carried with all members voting aye.
RESOLUTION #2009-03
City of Philip
Authorizing Application for
SD Dept. of Transportation Stimulus Funds
Highway Pedestrian/Bicycle Corridor Connector Project
WHEREAS, the City of Philip has identified the need to undertake Phase I of the Philip Pedestrian/Bicycle Corridor Project, which involves the construction of a pedestrian pathway linking the center of the City to the main highway junction point and the intersection of SD Highways 73 and 14, and;
WHEREAS, the City of Philip has or will secure the required permission for use of the State of South Dakota's highway right-of-way for construction of the project; and,
WHEREAS, the City of Philip has verified that the project meets all local zoning and planning regulations, and;
WHEREAS, the City of Philip will or has identified all necessary utility easements required for construction of the project, and;
WHEREAS, the City of Philip agrees to maintain the project area after completion;
NOW, THEREFORE BE IT RESOLVED that the Philip City Council duly authorizes the Mayor of the City of Philip to sign and submit a DOT Transportation Enhancement Grant application, requesting $250,000 for construction costs, and the City of Philip agrees to pay all engineering and other fees associated with said project.
Adopted and effective this 21st day of April 2009.
/s/ John F. Hart, Mayor
City of Philip, South Dakota
ATTEST:
/s/ Monna Van Lint, Finance Officer
(Publish: April 30, 2009)
Council reviewed correspondence from I-90 Fuel Services, Inc. regarding a credit card system upgrade for purchases at The Gas Stop in Philip. It was noted that if the City wishes to continue purchasing fuel and supplies at The Gas Stop, the City will need to apply for a new credit card through Shell, Inc.
DFO Smith noted that the credit card will be very similar to the current credit card system that is managed by I-90 Fuel Services, Inc. The only foreseen change will be collecting receipts for the purchases as they will not be provided in our monthly statement. She has spoken with Terri Pelle, Manager of The Gas Stop, and they are more than willing to save the receipts for purchases made with the City's credit card. The City office will collect the receipts at the end of each month from The Gas Stop.
FO Van Lint advised the Council that the City's credit cards at Kennedy Implement, CNH Capital, and Moses Building Center, Farm Plan, operate the same way. At the end of each month, the City Office collects the receipts to verify the purchases made in accordance with City policy.
Following review, motion was made by Kangas, seconded by Palecek to authorize application to Shell, Inc. for a store credit card to be held at The Gas Stop in Philip. Motion carried.
Carol Schofield, Pool Coordinator, presented the Council with a request to authorize Rose Bennett, Pool Manager, to attend a Certified Pool Operators (CPO) course on May 11th - 12th, 2009, in Sioux Falls. Schofield stated that the cost of the training is $225 and teaches the basic pool operations, i.e. pool chemicals, water testing, safety and health issues.
Following review, motion was made by Kangas, seconded by Chin to authorize Pool Manager Rose Bennett to attend CPO training in Sioux Falls on May 11th - 12th, 2009. Motion carried.
Motion was made by Chin, seconded by Vetter to authorize closing the City Finance Office from 1:00 p.m. to 5:00 p.m. on Friday, April 24th, 2009, for PWD Lesselyoung's retirement open house. Motion carried.
Mayor Hart reminded the Council that those attending SDML District meeting on Thursday, April 23rd, 2009, in Murdo will leave from the courthouse at 4:30 p.m.
With no further business to come before the Council, the Mayor declared the meeting adjourned at 4:03 p.m.
/s/John F. Hart, Mayor
ATTEST:
/s/Brittany Smith, Deputy Finance Officer
(Publish: April 30, 2009)
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