OFFICIAL PROCEEDINGS OF THE
CITY OF WEBSTER, SOUTH DAKOTA
Council room, City Hall, Webster, South Dakota, December 5, 2011, 6:30 p.m., Mayor Mike Grosek presiding. Council members present: Wally Pribyl, Dave Jesme, Wayne Klungseth, Jim Grimes, Roger Monson, and Morgan Dorsett. Others present: Attorney: Leon VanderLinden; staff: Linda Hoberg; Reporter and Farmer: George Thompson.
6:30 p.m. Webster Youth Center board members Vicki Kampa and Jodi Sichmeller were present and expressed the need for additional funding for operation of the Cat’s Place and presented a financial statement to the council. Kampa and Sichmeller stated expenses are up and asked the council to consider increasing their annual donation of $2,500.00. Council indicated they will review the financial statement and take this request under consideration.
Motion by Monson, seconded by Pribyl to approve the minutes from the November 7, 2011 meeting. All councilmen voting aye. Motion carried.
Motion by Monson, seconded by Pribyl to approve the following payroll and bills: Payroll (net) Admin. $3572.46, Liquor $3665.89, ST J. Holt $14.14, D. Nash 115.55, T. Woodell $34.45, Library $2254.05, Street $5281.34, ST M. Eisenbraun $124.98, Police $9077.08, ST T. Kiefer $934.94, G. Premus $615.50, A. Rohlf $313.82, D. Roth $335.94, S. Ryan $217.61, Animal Control S. Hargis $240.34, Sewer $3079.44, Water $1966.66, OT A. Larson $45.34, Parks R. Millim $336.58, City Hall $1985.68.
Bills: SD State Treasurer $3768.96-liquor and golf sales tax, USDA Rural Development $8042.00-loan payment, Postmaster $252.98-bulk mailing, A & B Business, Inc. $179.07-supplies, A and S Hardware $227.90-supplies, ALCO $4.48-supplies, American Bottling Co. $61.60-resale, AFLAC $624.76--insurance, A-Ox Welding Supply $10.85-supplies, Auditor’s Office-Petty Cash $121.04-postage and supplies, Bituminous Paving $747.84-hot mix, Booklist $109.95-subscription, Buhl’s of Britton $109.30-service, City of Webster 539.25-employee pre-payments and city water bills, Coca Cola $198.80-resale, Community Oil $350.70-oil, Cortrust Bank $2740.82-loan pymt new blade, Delaney, VanderLinden $3093.75-fees, Dependable Sanitation 331.79-garbage service, Don’s Repair $36.05-supplies, Ellwein Brothers $36287.60-merchandise, Emery-Pratt $264.41-books, Ferguson Water Works $19.33-supplies, Frito-Lay $49.56-resale, Galls $111.21-police clothing, Greg Johnson Construction $4615.31-labor and materials, Health Pool of SD $17514.73-insurance, Hedahls $77.09-parts, Heiman Fire Equipment $1533.90-upgrade equipment, Hofer Tree Service $160.00-services, Holland Family Distributing $85.50-resale, ITC $453.89-phone service, J.P. Cooke Co. $50.72-dog tags, Johnson Brothers $14004.83-merchandise, Johnson Lumber $4.79-supplies, Lake Region Electric $135.84-airport lights, Mereen-Johnson $154.80-labor, Midcontinent Communications $183.20-internet and cable service, Mike’s Jack & Jill $3.36-supplies, Milbank Winwater $71.04-supplies, Northland Auto $59.42-parts and
labor, Northwestern Energy $7231.14-service, Oasis Inn $62.00-lodging, Porter Distributing $9284.50-merchandise, RDO Equipment $92.97-parts, Reporter and Farmer $486.10-ads and legals, Republic Beverage $14637.75-merchandise, Ringgenberg Electric $1293.72, Andrew Rohlf $274.75-reimbursement, Stephen Ryan $300.00-clothing, Ryan’s Candy $362.06-merchandise and supplies, Sanford Hospital $90.00-CPR training, Schade Vineyard $756.00-resale, SD Dept of Revenue $107.00-lab fees, SD Public Assurance Alliance $219.99-insurance, SD Retirement System $6257.83-contributions, SD Supplemental Retirement $225.00-contributions, Sioux Valley Co-op $4687.76-fuel, Snaza Implement $58.16-parts, Sturdevants Auto Parts $394.10-supplies, TLC Marine Service $151.22-parts and labor, Verizon Wireless $150.27-cell service, VOA-Dakotas RSVP $2000.00-contribution, Watertown Co-op Elevator $1316.00-fertilizer, Watertown Lawn and Garden $3450.00-mowers, WEB Water $14669.84-water, Webster Auto Care $561.13-parts and labor, Webster Football Team $50.00-donation, Webster Tire Service $590.00-tires and repair, City of Webster $188.36-apply bonds, Jim Ladue $11.64-refund bond, Dacotah Bank $89.10-service charges, Payroll Taxes $9251.68. All councilmen voting aye. Motion carried.
Motion by Jesme, seconded by Klungseth to approve the Finance, Police and Liquor reports. Motion carried.
Mayor Grosek informed the council that plans are to have the airport manager agreement updated by the end of the year. He has contacted Leroy Brown, airport manager, regarding renewing the agreement on an annual basis and putting the hay land out for bids.
Motion by Dorsett seconded by Grimes to set a special meeting for December 21st at 5:30 p.m. to finalize the salary resolution and finish any year end business. All councilmen voting aye. Motion carried.
Council set January 13, 2012 as the date for the city Christmas Party.
7:00 p.m. This being the time and place for the hearing on redistricting voting wards in the city. As no concerns were noted the council gave first reading to Ordinance #471 Amending Voting Ward Boundaries with a motion by Jesme, seconded by Pribyl. All councilmen voting aye. Motion carried.
7:15 p.m. Ron Block and John Shoemaker presented bids for installation of 170 ft. pipe in ditch north of Harlow’s property. Block indicated project is proposed to help Harry Knapp acquire parking space west of his building and by filling in the ditch Harlow’s would gain parking for buses. Block stated that Knapp has indicated he would pay for the pipe. Lonnie Anderson, Clark Engineering laid out guidelines for Webster Scale so proposals are figured according to engineer. Proposal figured in the amount of $20,650.00 for city’s cost includes cleaning ditch and pipe installation. Bid is figured as doing work this winter due to low water levels. Council discussed the fact that the ditch does need to be cleaned out as city has responsibility to maintain the natural drainage way since ditch drains storm water from west side of town. Council also discussed not being able to justify cost to install pipe as project does not benefit the city. Shoemaker informed the council that he would submit a new quote to the city if they were to clean the ditch.
Roland Larson attended the meeting to discuss the curb and gutter along East 5th Street and 13th Avenue. He stated his intention was to remove the curb by November 1st. Council informed Larson they prefer it left alone now and remove the curb next spring. Larson stated the only reason curb was put in was to drain water away from the 4-plex and they were experimenting with a new curb and gutter machine but did not work. Larson stated he understands the city’s position with curb and will remove it. Larson informed the council of his intent to remove the curb along the north side of his property on East 13th Avenue and not replace it and the curb on the west side of the 4-plex would be repaired. He indicated the north side could get done this fall weather permitting but all would be done by May 1, 2012.
7:10 p.m. This being the time and place for a hearing for the renewal of alcoholic beverage licenses. Motion by Jesme, seconded by Monson to approve the licanse applications for:
Herbert McKenneth Post No. 40, American Legion Club, 614 Main St. Retail (On-Sale Liquor)
Veterans of Foreign Wars, 521 West First St., Retail (On-Sale Liquor)
The Galley, 230 W Hwy 12, Retail (On-Sale Liquor)
The New Frontier, Steve Dolney, 500 Main St., Retail (On-Sale Liquor)
The Decoy, Cory Fields, 518 Main St., Retail (On-Sale Liquor)
Day County Inn and Suites, Jim Zenk, 801 W Highway 12, (Convention)
City Liquor Store, 100 E Hwy 12 (Off-Sale Liquor)
All councilmen voting aye. Motion carried.
Motion by Jesme, seconded by Monson approving hiring Jessica Larsen as fill-in liquor clerk at a starting wage of $7.25/hour. All councilmen voting aye. Motion carried.
Motion by Pribyl, seconded by Monson to pass the second reading of Ordinance #470, Water and Sewer rates as follows:
ORDINANCE #470
AN ORDINANCE AMENDING ORDINANCE #453
KNOWN AS THE WATER AND SEWER RATES ORDINANCE
PURSUANT TO SDCL 9-19-03
BE IT ORDAINED by the City Council of the City of Webster, South Dakota, that Ordinance #453, known as the water and sewer rates ordinance be revised as follows:
Domestic and Commercial Sewer Rates within the City shall be as follows;
Minimum of $23.00 for the first 17,000 gallons, $21.00 for each additional 34,000 gallons or fraction thereof. The gallons will be measured by the water gallons metered to or produced on the premises. There shall be a user fee of $23.00 per month for each residence, multiple family and commercial occupancy within the City of Webster. This shall include each apartment unit and every multiple community building.
Domestic and Commercial Water Rates within the City shall be as follows:
The minimum water within the City limits of Webster, South Dakota shall be nine dollars ($9.00) per month, up to 1,500 gallons minimum per month.
1st 100,000 gallons $6.00 per 1,000 gals
2nd100,000 gallons $5.75 per 1,000 gals
3rd 100,000 gallons $5.50 per 1,000 gals
There shall be an additional Distribution and Maintenance (DM) fee of $3.00 per month for each water user including each residence, multiple family and commercial occupancy within the City of Webster. This fee shall apply to all vacant structures or lots where city water distribution is available.
This Ordinance will become effective January 1, 2012.
1st Reading November 7, 2011
Approved and adopted December 5, 2011
Publish December 12, 2011
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Mike Grosek, Mayor
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Linda Hoberg, Finance Officer
All councilmen voting aye. Motion carried. The extra charge for water and sewer users outside city limits and the sewer surcharge will stay the same.
Police policy for inventory of motor vehicles was discussed and will be put on the agenda for the December 21st special meeting. Council asked attorney VanderLinden to review the proposed policy.
Motion by Klungseth, seconded by Pribyl to approve reimbursing patrolmen Andrew Rohlf $949.98 and Stephen Ryan $878.00 for vests. All councilmen voting aye. Motion carried.
The pay request from Clark Engineering in the amount of $12,241.17 for additional work for the lagoon and change order for the extra gate valve and time extension request were approved with a motion by Dorsett, seconded by Grimes. All councilmen voting aye. Motion carried.
Motion by Monson, seconded by Pribyl approving the pay request from Clark Engineering for $6,000.00 for aquatic center planning and transferring the same amount from the Sewer Fund to Pool Construction Fund for payment of the Clark Engineering invoice. All councilmen voting aye. Motion carried.
Motion by Monson, seconded by Dorsett to approve the pay request of $228,124.67 and change order from Ferguson Water Works for the water meter project. All councilmen voting aye. Motion carried.
Motion by Grimes, seconded by Jesme to approve the following resolution for the swimming pool lease:
RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A LEASE PURCHASE TRANSACTION IN A MAXIMUM PRINCIPAL AMOUNT OF $2,200,000, THE PROCEEDS OF WHICH WILL BE USED TO PAY THE COSTS OF ACQUIRING, CONSTRUCTING, INSTALLING, REMODELING, IMPROVING AND EQUIPPING THE CITY OF WEBSTER SWIMMING POOL; AND TO APPROVE THE EXECUTION OF CERTAIN TRANSACTION DOCUMENTS IN CONNECTION THEREWITH; AND THE RETENTION OF PROFESSIONALS INVOLVED THEREWITH.
WHEREAS, the Common Council (the “Common Council”) of the City of Webster, South Dakota (the “City”) has deemed it necessary to build a new swimming pool (“Swimming Pool Project”); and
WHEREAS, the City will be required to finance a portion of the Swimming Pool Project through a lease agreement (the “Lease”); and
WHEREAS, the Common Council has the power pursuant to SDCL §§ 9-12-1(2), 9-12-5.1 and 9-12-5.2 to lease-purchase real or personal property as it deems necessary.
NOW THEREFORE BE IT RESOLVED as follows:
- Declaration of Necessity. The Common Council finds and declares it necessary to cause the acquisition, construction, installation, remodel and equipping of the Swimming Pool Project and the entering into a Lease to finance a portion thereof.
- Authorization of Ground Lease, Lease, Transaction Documents, Bidding and Representatives. The Mayor and Finance officer of the City (the “Authorized Representatives”), acting jointly or individually on behalf of the City, are hereby authorized to enter into, execute and deliver a Ground Lease (the “Ground Lease”) and Lease Agreement (the “Lease”) in principal amount of not to exceed $2,200,000 at a maximum term of 20 years with an interest rate not to exceed 7.5%, all as the Authorized Representatives deem necessary and appropriate. All other related trusts, escrow agreements, contracts, documents, instruments, certificates and agreements necessary and incidental to the Lease (the “Transaction Documents”) are hereby approved. The execution of the Lease by the Authorized Representatives shall constitute conclusive evidence of approval of the principal amount and rental payments due pursuant to the Lease and the terms thereof.
- Retention of Professionals. The Authorized Representatives are authorized to retain Meierhenry Sargent LLP as bond counsel and such other professionals as they deem necessary to carry out the intent of this resolution.
- Non Constitutional Debt. The lease payments shall be subject to annual appropriation and shall not constitute indebtedness for purposes of Article 13 Section 4 of the South Dakota Constitution.
- Tax-Exempt Lease. The City represents and covenants that it will not take any action which will, or fail to take any action which failure will, cause the interest component of the rental payments made pursuant to the Lease to become includable in the gross income of the holder for federal income tax purposes pursuant to the provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”) and regulations there under in effect of the date of the original execution of the Lease.
- Bank Qualified. The City expects that it and all entities subordinate thereto will issue no tax-exempt obligations in calendar year 2011 which, along with the Lease would aggregate more than $10,000,000. Accordingly, the Lease and any certificates of participation are hereby designated as a “qualified tax-exempt obligations” within the meaning of Section 265(b)(3)(B) of the Code.
- Further Authority. The Authorized Representatives shall be, and they hereby are, authorized and direct to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purpose of this Resolution, and to carry out, comply with and perform the duties of City with respect to the Lease, Ground Lease and Transaction Documents, to make alterations, changes or additions to the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.
- Severability. Any provision of this Resolution found to be prohibited by South Dakota law shall be ineffective only to the extent that such prohibited provision and shall not invalidate the remainder of this resolution.
Said motion was seconded by Alderman _______________ and upon vote being taken the following voted AYE: and the following voted NAY:
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ATTEST:
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Mayor
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Finance Officer
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All councilmen voting aye. Motion carried.
Council gave their approval to submit an application through the Day County Conservation District for a tree grant through the SD Department of Agriculture to plant trees at the lagoon site in 2012. Estimated project cost is $1,625.40.
Motion by Klungseth, seconded by Jesme to declare the old water meters as surplus property and have these appraised for sale. All councilmen voting aye. Motion carried.
Motion by Monson, seconded by Dorsett approving the mayor signing the Joint Cooperative Agreement with Northeast Council of Governments for calendar year 2012. Motion carried. The local share of $1,436.69 will be billed in January. NECOG provides planning, technical and grant assistance to local governments.
The plat showing Webster Development Corporation First Subdivision was approved with a motion by Jesme, seconded by Pribyl. All councilmen voting aye. Motion carried.
The City Zoning Committee is in the process of reviewing the revised planning and zoning ordinances for possible adoption. A comprehensive plan is required by state law for development of the City and the plan should be adopted ahead of the proposed zoning ordinances. Now that 2010 Census data and numbers are available, the council approved the finance officer contact Northeast Council of Governments to request assistance with the plan.
Motion by Grimes, seconded by Pribyl to approve first reading of Ordinance #472, Supplemental Appropriation Ordinance. All councilmen voting aye. Motion carried.
Council held further discussion regarding the clean out of the ditch and pipe installation behind Harlow’s Bus Garage and will notify Ron Block the City will pay for cleaning of the ditch at this time, unless a different proposal for pipe installation and placement could be submitted.
Council approved December 26th as the paid holiday for Christmas this year and approved holding the January council meeting on January 3, 2012 due to the New Year’s Holiday.
Motion by Monson, seconded by Grimes to approve the appointment of Eloise Hortness to the Library Board. All councilmen voting aye. Motion carried.
Motion by Grimes, seconded by Pribyl accepting the fuel bids from Sioux Valley Co-op for the month of December as follows: Unleaded gas $3.115, Super NL 10% Ethanol $3.065, #2 Diesel $3.805, #1 Diesel $4.145. All councilmen voting aye. Motion carried.
The following building and removal permits were approved with a motion by Jesme, seconded by Klungseth:
Hilltop Aerial, Inc., 14424 SD Highway 25, Addition to building, $15,000.00
Sandy Hayes, 1515 Main, remove house
Randy Hayes, 1517 Main, remove house
It should be noted that the building permit for Hilltop Aerial was approved pending airspace approval. All councilmen voting aye. Motion carried.
Motion by Monson, seconded by Dorsett to go into Executive Session as set forth in SDCL 1-25-2 for the purpose of personnel matters. All councilmen present voting aye. Motion carried. Council convened into Executive Session at 9:10 p.m. At 9:20 p.m. the council adjourned from Executive Session.
No further business, motion by Jesme to adjourn, seconded by Monson. Motion carried.
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Mike Grosek, Mayor
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Linda Hoberg, Finance Officer
This institution is an equal opportunity provider, and employer.
Published once at the approximate cost of ______________.