OFFICIAL PROCEEDINGS OF THE
CITY OF WEBSTER, SOUTH DAKOTA
Council room, City Hall, Webster, South Dakota, October 5, 2009, Mayor Mike Grosek presiding. Present: Dave Jesme, Roger Monson, Wayne Klungseth, Wally Pribyl, Jim Grimes and Attorney VanderLinden. Absent: Morgan Dorsett. Others present: Wes Williams, Lonnie Anderson, Gary & Vivian DeJong, George Thompson, Sandy Schock, Pat Roth, Terry Gaikowski, and Carl Pulvermacher.
Motion by Monson, seconded by Grimes to approve the minutes from the September 8th meeting. Motion carried.
Motion by Jesme, seconded by Pribyl to approve the following payroll and bills: Payroll (net) Admin. $3327.88, Liquor $3613.00, PT B. Anderson $1016.31, OT D. Nash $103.62, Library $2140.38, Street $4873.34, Police $8908.68, ST T. Kiefer $167.43, W. Koens $151.83, G. Premus $188.94, D. Roth $155.47, Animal Control S. Hargis $152.27, Sewer $2812.16, Water $1805.42, OT A. Larson $62.30, Cemetery $1849.94, L. Gaikowski $601.89, S. Majeske $1106.06, Park L. Erdahl $963.30, Golf Course J. Aadland $133.91, L. Bjerke $1063.08, L. Carson $408.19, H. Coon $565.82, D. Davidson $323.53, A. Gaikowski $33.47, A. Garry $227.65, N. Guffin $1186.22, Ballfields S. Hesla $41.56.
Claims: SD State Treasurer $5741.26-sales tax, Postmaster $188.19-mailing utility bills, A and S Hardware $685.13-supplies, Aberdeen Chrysler Center $173.25-parts and labor, Alco Discount Store $31.55-supplies, Alltel $94.01-cell phone, American Bottling Company $98.40-resale, AFLAC $572.21-insurance, American Water Works $165.00-membership, A-OX Welding Supply $10.23-supplies, Auditor-Petty Cash $146.15-supplies and postage, Avera Queen of Peace Hospital $66.50-testing, Banyon Data Systems $2310.00-software support, Bituminous Paving $67510.10-seal coating and hot mix, Buhl’s of Britton $194.55-services, City of Webster $2033.28-utilites for city and employee prepayments, Clark Engineering $44100.00-fees, Coca Cola $147.00-resale, Dakota Supply Group $908.54-supplies, Day County Sales and Service $130.98-parts, Dependable Sanitation, Inc. $500.42-fees, Don’s Repair $440.16-supplies, Ellwein Brothers $33584.65-merchandise, Emery-Pratt $300.90-books, First National Bank of Sioux Falls $14076.47-SRF loan sewer, First National Bank of Sioux Falls $5558.24-SRF loan water, Galls $179.28-police clothing, Gene’s Service $42.00-service, HD Supply Waterworks $706.91-supplies, Health Pool of SD $22756.26-insurance, Hedahls Auto Parts $26.78-parts, Holland Family Distributing $28.00-resale, Holmquist Construction $249.86-repairs and labor, ITC $399.42-phone service, Johnson Brothers $13905.70-merchandise, Lake Region Electric $48.81-airport lights, Lumber Store N More $30.62-supplies, M & T Fire and Safety $286.00-labor, McLeod’s Printing & Supply $87.64-traffic tickets, Midcontinent Communications $126.04-internet and cable services, Midwest Golf Cars $895.00-car rental, Northland Auto Center $17.90-parts, Northside Implement $324.60-parts and labor, Northwestern Energy $7125.04-utilities,
Office Equipment $268.49-supplies, Pepsi Americas $8.48-rental, Plains Stump Grinding $458.75-services, Porter Distributing $9778.50-merchandise, Prairie Auto Parts $292.82-parts, Reporter and Farmer $839.46-legals, ads and supplies, Republic Beverages $11509.94-resale, Ryan’s Candy $213.37-supplies and resale, Safety Benefits $55.00-registration, SD Department of Revenue $368.00-lab fees, SD Municipal League $15.00-election workshop, SD Retirement System $5909.44-contributions, SD Supplemental Retirement $175.00-contributions, SD Unemployment Ins. Div. $1812.43-3rd qtr contributions, Serocki Excavating $741.83-hot mix, Siebrecht Agency $2200.00-appraisal services, Sinner Auto Body $60.00-parts and labor, Sioux Valley Coop $4161.63-gas and diesel, South Side Repair $1103.36-parts, Sportsmans Cove $34.99-supplies, Stan Houston Equipment $113.54-supplies, Superior Tech Products $201.50-golf supplies, Titan Machinery $310.73-parts and labor, Danny Valsvig $80.00-reimbursement, Watertown Co-op Elevator $87.20-supplies, WEB $15194.94-water, Webster Liquor Store $292.44-golf resale, Webster Lumber & Home Center $156.41-supplies, Webster Tire $300.00-tires and repairs, Wohlenberg, Ritzman & Co. $10900.00-services, City of Webster $193.60-apply bond of good faith, Chris Johnson $6.40-refund bond, Payroll taxes $9235.44. Motion carried.
Motion by Jesme, seconded by Monson to approve the Police, Finance and Liquor reports. Motion carried.
Wes Williams was present to discuss the need for heaters in the City’s three sirens. In the past winters ice has built up in the sirens causing fuses to blow. Williams has checked with American Signal Company on prices. Heaters will cost a total of $767.37 and Northwestern could wire them in. Motion by Klungseth, seconded by Pribyl to order the heaters. Motion carried.
Motion by Monson, seconded by Grimes to accept the preliminary audit report for the years 2006 and 2007 as prepared by Wohlenberg, Ritzman & Co. Motion carried. The City had signed a letter of intent to hire the firm for future audits but due to the delay of getting audit reports back, Attorney VanderLinden notified the firm of the City’s desire to cancel services. The City has received quotes from two other auditing firms. After discussion, motion by Jesme, seconded by Pribyl accepting the quote from East, VanderWoude & Co. contingent on Wohlenberg’s agreement to cancel services. Motion carried. The 2008 audit could be started by the end of November.
Motion by Monson, seconded by Klungseth to approve appointing Roger Monson to the committees previously held by former councilman Tony Geffre, and appointed Elizabeth Gravley, City Health Doctor, and Jim Helms to the Planning Committee. Motion carried.
Motion by Jesme, seconded by Klungseth to approve the resolution increasing burial fees as follows:
RESOLUTION #126
INCREASING FEES FOR CEMETERY BURIALS
WHEREAS; the City of Webster has established the following fines, fees and designations in support of Ordinance #439, Ordinance Book,
WHEREAS; the City of Webster is required to have on file in City Hall a list of complete charges and designations,
THEREFORE, BE IT RESOLVED by the City Council of the City of Webster, South Dakota, this 5th day of October, 2009, that the following fees be adopted for cemetery burials and have been recorded in the minutes of the City. This resolution shall take effect on November 1, 2009.
Burials $350.00
Saturday or Sunday services are $50.00 extra
Adopted October 5, 2009
Effective November 1, 2009
Published October 12, 2009
_________________________________
Mike Grosek, Mayor
_______________________________
Linda Hoberg, Finance Officer
Motion carried.
The mayor informed the council the quote received for new windows at the golf clubhouse is good through January, 2010.
Motion by Grimes, seconded by Jesme to set a hearing for transfer of an alcoholic beverage license for Day County Inn & Suites from Jim Zenk to Wes Torke. The hearing is set for 7:05 p.m. on November 2, 2009, at City Hall. Motion carried.
Motion by Jesme, seconded by Pribyl to set a variance hearing for Carman Sakariason, 615 East 12th Avenue, to place a storage building closer to the side lot than City ordinances allow. The hearing is set for 7:10 p.m. on November 2, 2009, at City Hall. Motion carried.
Motion by Pribyl, seconded by Grimes to approve Scott Sjurson attend the safety conference in Chamberlain on November 18th and 19th. Motion carried.
The City received an insurance reimbursement check for $1,040.00 which reflects depreciation holdback on banners destroyed by last year’s windstorm. This is the final insurance payment from the storm. After all costs are in, the City has spent at least $50,000.00 of its own funds on storm cleanup and repairs to City properties and buildings. $2,676.81 was received from the state for the airport project. This reimburses the City for engineering costs. Motion by Pribyl, seconded by Grimes to supplement the ball field and airport budgets for these amounts and to approve the current pay request of $1,690.61 for Helms Engineering. Motion carried.
Motion by Grimes, seconded by Jesme approving Linda Hoberg attend the election workshop in Aberdeen on November 6th. Motion carried.
Motion by Jesme, seconded by Grimes to apply for a $5,000.00 Homeland Security Grant for police equipment. The grant pays 100% of the equipment costs. Motion carried.
Motion by Grimes, seconded by Monson accepting the fuel bid from Sioux Valley Co-op as follows: Unleaded gas $2.295, Diesel #2 $2.235, Diesel #1 2.335. All councilmen voting aye. Motion carried.
7:00 p.m. This being the time and place for opening the bids for the sale of land described as: North 150 feet of the South 467 feet of the East One-Fourth of Lot 1, Walker’s Addition. One bid of $5,001.00 was received from Aaron Johnson. Motion by Pribyl, seconded by Monson to accept the bid and order title work done on the property along with approving the following resolution authorizing the transfer of city property to Aaron Johnson:
RESOLUTION
WHEREAS, the City of Webster has declared the North 150 feet of the South 467 feet of the East One-Fourth of Lot 1, Walker’s Addition as surplus property; and
WHEREAS, the City has had the above mentioned property appraised and offered the same for public sale by sealed bids, therefore;
BE IT RESOLVED that the City Council of the City of Webster on October 5, 2009, authorized the Mayor and the City Finance Officer to execute all instruments that are necessary in connection with the transfer of the following described real property to Aaron Johnson, 220 3rd Street South, Bristol, SD 57219:
North 150 feet of the South 467 feet of the East One-Fourth of Lot 1, Walker’s Addition to the City of Webster, Day County, South Dakota.
This resolution authorizes the transfer of the above described property to Aaron Johnson.
Dated this 5th day of October, 2009. ______________________________________
Mike Grosek, Mayor
______________________________________
Linda Hoberg, Finance Officer
Motion carried.
7:10 p.m. This being the time and place for variance hearings for Adrian Rumpza, 111 West 2nd Street to build a garage closer than five feet from the side lot line, and Dennis Kurkowski, 86 East 2nd Avenue, to build a garage larger than City ordinances allow and constructed with steel exterior. Being no objections, motion by Jesme, seconded by Klungseth approving the variances. Motion carried.
7:15 p.m. Gary and Vivian DeJong were present to discuss the lagoon project with the council. Gary read a statement objecting to the placement of the ponds across the road from their residence. DeJong cited reasons for their objections, including odor from ponds, decrease their property value, and stated they should have been informed as to the site chosen. DeJong stated they do not want to stop the project as they realize the necessity but asked the engineer to make changes according to their suggestions. Lonnie Anderson, Clark Engineering, explained the project, indicating initial sites looked at were near the present lagoon but acres were tied up in easements. The current site does not have easements on the property. Site has existing wetlands that collect water and flow to ponds. The City will control pumping the water to different cells and water will be treated that is pumped to the new site. City currently discharges two to three times each summer to Waubay Lake. Anderson explained the plans had to be submitted by October 1, 2009, to SD DENR and that state criteria has to be met. DENR will review along with Rural Development and then the City will receive a final set of plans.
Motion by Monson, seconded by Grimes to approve the mayor signing the following loan resolution with USDA Rural Development for the sewer project:
LOAN RESOLUTION
(Public Bodies)
A RESOLUTIONOFTHE CITY COUNCIL OFTHE CITY OF WEBSTER
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS SEWER
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the City of Webster (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of TWO MILLION ONE HUNDRED FIFTY-SIX THOUSAND AND NO/100 DOLLARS ($2,156,000.00) pursuant to the provisions of South Dakota Codified Law; and
WHEREAS, the Association intends to obtain assistance from the United States Department of Agriculture,
(herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) in the planning. financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE, in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legally permissible source.
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facilityand such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government.
7. Not to defease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA. No free service or use of the facility will be permitted.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established, disbursements from that account(s) may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained. Also, with the prior written approval of the Government, funds may be withdrawn and used for such things as emergency maintenance, extensions to facilities and replacement of short lived assets.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA’s concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the purpose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed $1,496,000.00 under the terms offered by the Government; that the Mayor and ____________of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee.
The vote was: Yeas 5 Nays 0 Absent 1
IN WITNESS WHEREOF, the City Council of the City of Webster has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this 5th, day of October, 2009.
City of Webster
By _________________________
Mike Grosek
(SEAL)
Title Mayor
Attest:
___________________________
Title Finance Officer
Motion carried.
Larry Sauer and Andy Sauer were present to discuss an Eagle Scout project of installing a flagpole and light at the Soldiers Circle in the cemetery. The council instructed Andy to check into costs and report back at the November meeting.
Motion by Monson, seconded by Jesme to approve the following resolution approving legal services for the sewer project:
RESOLUTION APPROVING LEGAL SERVICES AGREEMENT
BE IT RESOLVED by the City of Webster that Meierhenry Sargent LLP be retained as bond counsel for the proposed Sewer Project Revenue Bond and that the Mayor and Finance Officer are authorized to negotiate and execute the form of the Legal Services Agreement on file with the City Finance Officer.
Motion by ___________ seconded by _________________.
Aye: 5
Nay: 0
Abstained: _________________________
Mayor
Attest:
________________________
Finance Officer
(SEAL)
Motion carried.
Motion by Pribyl, seconded by Grimes to approve first reading of Ordinance #452 authorizing the issuance, sale and delivery of not to exceed $2,156,000.00 sewer project revenue bonds. Motion carried.
Discussion was held on raising water and sewer rates effective January 1, 2010. Increases are needed to keep up with operating costs and the lagoon project.
Motion by Klungseth, seconded by Pribyl appointing a committee to review the land appraisals for the site of the lagoon. The negotiating committee will determine price to offer landowners. Motion carried.
The following building permits were approved with a motion by Jesme, seconded by Monson:
Kathleen Dean, 150 West 2nd Street, Pitch roof over porch, Value $500.00
Dennis Kurkowski, 86 East 2nd Avenue, Storage Building, Value $15,000.00
Gary Huggett, 207 West 1st Avenue, Storage Building, Value $1,500.00
Michael Lesnar, 138 West 1st Street, Garage, Value $10,000.00
Michael Dunse, 521 West 5th Street, Privacy Fence, Value $800.00
Dennis Daly, 103 West 1st Avenue, Storage Building, Value $2,500.00
Peter Waletich, 717 West 11th Avenue, Storage Building, Value $3,900.00
Daryl Valsvig, 1104 East 3rd Street, Storage Building, Value $400.00
Danny Valsvig, 1106 East 2nd Street, Storage Building, Value $400.00
Mike Grosek, 1300 Main, Store Addition, Value $175,000.00
Motion carried.
No further business, motion by Jesme, seconded by Klungseth to adjourn. Motion carried.
_______________________________
Mike Grosek, Mayor
_________________________________
Linda Hoberg, Finance Officer
This institution is an equal opportunity provider, and employer.
Published once at the approximate cost of ___________.