MINUTES
OF CITY COUNCIL PROCEEDINGS
Mayor
Larry Tolzin called the city council to order at
Guthmiller moved
to approve the agenda with the following addition: Discussion of Lot Purchases
with Development Representative. Herman seconded, all present in favor; motion
carried.
REGULAR MEETING ITEMS: Herman made a motion
to approve the minutes of the November 6 regular meeting. Huber seconded;
all present in favor; motion carried.
Aisenbrey made a motion to approve the
budgeted transfer of $10,000 from the Garbage Fund to the General Fund.
Guthmiller seconded, all present in favor; motion carried.
Herman made a motion to accept the Homeland
Security Grant for water tower security by increasing the state grant revenue
by $6100 and the water repair expenditures by the same amount. ($3186.06 was
received in August and $2913.94 was received in November.) Kotalik seconded,
all present in favor; motion carried.
Aisenbrey moved to approve the November
finance report. Guthmiller seconded, all present in favor; motion carried.
FINANCE
REPORT:
|
|
General |
Water |
Sewer |
Garbage |
Perpetual Care |
Sales Tax |
Totals |
|
Checking |
76,480.05 |
30,509.20 |
33,400.62 |
31,561.49 |
1,199.28 |
21,908.48 |
195,059.12 |
|
Warrants: |
(31,862.99) |
(22,938.61) |
(10,505.38) |
(6,083.47) |
0.00 |
0.00 |
(71,390.45) |
|
Receipts: |
65,903.59 |
7,314.26 |
4,078.77 |
5,926.75 |
0.00 |
2,815.49 |
86,038.86 |
|
Interest: |
62.29 |
8.30 |
15.04 |
17.51 |
|
13.78 |
116.92 |
|
Checking |
110,582.94 |
14,893.15 |
26,989.05 |
31,422.28 |
1,199.28 |
24,737.75 |
209,824.45 |
|
Water Restricted Cash |
|
(3,500.00) |
|
|
Restricted |
|
(3,500.00) |
|
General Purpose CD's |
50,000.00 |
|
|
|
Account |
|
50,000.00 |
|
Designated Purpose CD's |
51,522.95 |
20,179.49 |
11,776.55 |
1,518.19 |
45,321.50 |
|
130,318.68 |
|
Total Cash Assets: |
212,105.89 |
31,572.64 |
38,765.60 |
32,940.47 |
46,520.78 |
24,737.75 |
386,643.13 |
|
Profit or (Loss) for the month |
34,102.89 |
(15,616.05) |
(6,411.57) |
(139.21) |
0.00 |
2,829.27 |
14,765.33 |
RECEIPTS: Water 6719.26; Sewer 4078.77; Garbage 5866.75; Late
Fees 115.00; Ambulance 1780.03; City Hall Rent, South Central Child Development
45.00 and Brad Knutson 25.00; Tree & Park CD Interest 4.52; Homeland
Security Grant, Water Tower 2913.94; Cemetery CD Interest 80.45; Sales Tax, 1%
2815.49 & 2% 2809.03; 5% License 175.49; Real Estate Taxes 57,645.67;
Mobile Real Estate 259.53; Penalty & Interest 49.93; Water Deposit, Neta
Byers 50.00 & Johna Scott 50.00, Clyde Mettler 100.00, Alison Sorlien
100.00, Marvin Guthmiller 100.00 and Dale Kessler, Sr. 100.00; Off Fee, Don
Zeeb 10.00 and Football Field 10.00; Reconnect Fee, James Harley 25.00, Mike
Wade 25.00 and Mike Wade 25.00; RU
Site-White Goods, Clifford Handel 10.00, Jerome Kotalik 10.00, Johnny Woehl
10.00 and Ron Diede 10.00; Painted Wood, Johnny Woehl 5.00, Don Zeeb 5.00,
Menno School 5.00 and Alton Mettler 5.00; Interest Earned 116.92. Total
Receipts: $86,155.78
WARRANTS APPROVED: Payroll: Council 580.94; Mayor
439.39; Finance 1030.87; City Hall 98.93; Police 2441.25; Streets 1817.55;
Cemetery 108.81; Ambulance 176.75; Parks 354.80; Library 261.89; Development
290.74; Water 791.38; Sewer 797.91; Garbage 721.01; Wellmark BCBS, Group
Insurance 1374.44; Principal Life, Group Insurance 532.70; SDRS, Retirement
1085.54; Menno State Bank, Payroll Taxes 2497.29. Professional Services:
Rocky Zeeb’s Garbage Service 4842.00. Utilities: Golden West Co. 326.13,
Phone; NorthWestern, Electricity 1400.61; Verizon Wireless, Police Cell Phone,
69.65. Water Fund: B-Y Water, 1.368 M. Gallons 3416.00; Deposit Refunds,
Melissa Deckert 100.00 and John/Lois Hazen 100.00; One Call Systems, Locates
6.90; NSF Checks, Rick Smith 11.00, Randy Woehl 13.50, and Christian Sorlien
36.00. Sewer Fund: Dept of Revenue, Samples 94.00; Lyle Signs, Pond
Signs 97.54; One Call Systems, Locates 6.90; Rural Medical Clinic, Hepatitis B
Vaccine 98.00; NSF Checks, Rick Smith 11.00, Randy Woehl 11.00, and Christian
Sorlien 11.00. Garbage Fund: Brown & Saenger, Receipt Book 10.81; SD
State Treasurer, Sales Tax 320.91; NSF Checks, Rick Smith 13.00, Randy Woehl
13.00, and Christian Sorlien 13.00. General Fund: Freeman Ambulance
Service, EMT-B Class Registration (5) 2150.00 (SuAnne Knutson, Jessie Van Hove,
Johann Stokes, Heidi Wade, and Ryan Kenjalo); Ambulance Overpay, Leona
Weidenbach 410.69; Banyon Data Systems, Payroll Support 770.00; Bertsch Law
Office, Legal Fees 265.80; Brown & Saenger, Receipt Book-Timecards 25.99;
Business Forms and Accounting Systems, Paychecks 84.40; Dust-Tex, Bathroom
Paper Towels 44.00; Hawkins, Alkalinity Test Kit and Controller-Pool 2169.95;
Heiman Fire Equipment, Fire Hose Adapter 151.90; Hutchinson County Highway
Department, Additional Charge/Fuel-Asphalt 689.83; Klaudt’s, Fuel & Police
Car-Maintainer Tires 3683.77; Linweld, Ambulance Oxygen-Contract 274.90; Menno
Hardware, Building-Pool Supply 8.54; Second Century Publishing, Council
Minutes-Hearing Notice 149.83; Clarence Simonsen, 4.5# Ambulance Laundry 10.13;
Vantek, Street Radio-Batteries Ambulance/Fire 588.00; Western Office Plus,
Mic/Tape Recorder 34.49.
Huber made a motion to approve the warrants
as presented. Mehlhaf seconded, all present in favor; motion carried.
SCHEDULED
BUSINESS:
Herman made a motion to approve the renewal of the following liquor
licenses:
Kotalik seconded, all present in favor; motion
carried.
David Hoffman, Hutchinson County Emergency Manager,
visited with the council concerning Homeland Security funds for 2006.
Nancy Larsen, facilitator for the Southeast
Enterprise Facilitation Project, gave the council a presentation on what she
does as a facilitator, updated them on the Menno businesses she has helped and
asked for questions. Since 2002, she has had 27 client inquiries, 20 clients, 2
new businesses established, 1 existing business expanded, 4 existing businesses
retained, 15 and one-half jobs have been created or retained and she helped
with 16 business plans. Two businesses she assisted are closed, but 77.8% of
the businesses she assisted are still in business. SBA statistics state that
after two years, only 67% of new businesses are still in business. She thanked
the council for their support of the project. SEFP Board Vice President David
Hoffman and board member Glenn Kirschenman were also present.
Ken Bertsch entered the meeting at
OLD BUSINESS: “To Do List”: Aisenbrey asked if there was a reason
the old cement street signs were still needed. Sayler said he would check it
out and remove them if necessary.
We are searching for a grant to help with the pool
repair. If we could obtain a grant, we could do more extensive repairs. The
city engineer will be asked to look at the bathhouse for his recommendations on
redoing the plumbing and the structure. An LWCF grant would be a 50/50 match.
Two quotes were received from engineers to view the
sewer tapes. Michael Carr, DGR and Associates Company proposed an estimate of
$300-$350. Daniel Eisenbraun, Eisenbraun & Associates proposed a lump sum
fee of $900. Mehlhaf made a motion to have DeWild, Grant, Reckert and
Associates Company look at our sewer videos and make recommendations on their
findings. Huber seconded, all present in favor; motion carried.
Thranum reported receiving a new “Option of Probable
Costs” for Sanitary Sewer Improvements during the Highway 18 project. The new
total is $51,500, $3300 higher than the first option of $48,200. She also
received a fax concerning the roadway lighting for the same project. The cost
estimate for 24 lights is $185,000. We are responsible for 20% of the
construction costs or an estimated $37,000. Herman suggested doing the road
bore for the water line across
NEW
BUSINESS: Huber
made a motion to hold a special meeting Thursday, December 28 at
Guthmiller
made a motion to hold the January council meeting on January 8 at
Kotalik
moved to approve the following resolution, #2006-4. Huber seconded, all
present in favor; motion carried.
RESOLUTION NO. 2006-4
RESOLUTION OF THE CITY OF
MENNO, SOUTH DAKOTA APPROVING THE TRANSFER OF THE FRANCHISE AND CABLE
TELEVISION SYSTEM OF MEDIACOM MINNESOTA LLC TO GOLDEN WEST CABLEVISION, INC.
WHEREAS, Mediacom Minnesota
LLC (“Franchisee”) owns, operates, and maintains a cable television system
(“System”) in the City of
WHEREAS, on October 26, 2006,
Franchisee and Golden West Cablevision, Inc., a South Dakota corporation,
(“Transferee”), entered into an Asset Purchase Agreement (“Agreement”) pursuant
to which the System and Franchise will transfer (“Transfer”) from Franchisee to
Transferee;
WHEREAS, Franchisee and
Transferee have requested the Franchise Authority’s consent to the Transfer in
accordance with the Franchise requirements and have filed an FCC Form 394 with
the Franchise Authority; and
WHERAS, the Franchise Authority
has reviewed the qualifications of the Transferee and finds it to be a suitable
transferee;
NOW THEREFORE BE IT RESOVLED BY
THE FRANCHISE AUTHORITY AS FOLLOWS:
SECTION 1 .
The Franchise Authority consents to the Transfer in accordance with the terms
of the Franchise.
SECTION 2 . The Franchise Authority confirms that (a) the
Franchise was properly granted or transferred to Franchisee pursuant to
Resolution No. 9600; (b) the Franchise is currently in full force and effect;
(c) the Franchise will expire on March 30, 2012, subject to options in the
Franchise, if any, to extend such term; (d) the Franchise supersedes all other
agreements between the parties; (e) the Franchise represents the entire
understanding of the parties and the Franchisee has no obligations to the
Franchise Authority other than those specifically stated in the Franchise; and
(f) Franchisee is materially in compliance with the provisions of the Franchise
and there exists no fact or circumstance known to the Franchise Authority which
constitutes or which, with the passage of time or the giving of notice or both,
would constitute a material default or breach under the Franchise or would
allow the Franchise Authority to cancel or terminate the rights thereunder.
SECTION 3 .
Transferee may transfer the Franchise and the System, or control related
thereto to any entity controlling, controlled by, or under common control with
Transferee. The Franchise Authority acknowledges that any such transfer does
not trigger any right it may have to exercise any first purchase right or other
right to acquire the system.
SECTION 4 .
The Franchise Authority consents to and approves the assignment, mortgage,
pledge, hypothecation, or other encumbrance, if any, of the Franchise, the
System, or assets relating thereto, as collateral for a loan.
SECTION 5 .
The Franchise Authority waives any consent requirements that may be triggered
in the Franchise, local ordinance or state law by the trading stock on a stock
exchange or regularly on the over-the-counter markets, to the extent that there
is not an actual change in the ultimate working control of Transferee.
SECTION 6 .
This Resolution shall be deemed effective upon the date of enactment.
SECTION 7 .
The Franchise Authority releases Franchisee, effective upon the Closing Date of
the Agreement, from all obligations and liabilities under the Franchise that
accrue on and after the Closing Date; provided that the Transferee shall be
responsible for any obligations and liabilities under the Franchise that accrue
on and after the Closing Date.
SECTION 8 .
This resolution shall have the force of a continuing agreement with the
Franchise and Transferee, and the Franchise Authority shall not amend or
otherwise alter this Resolution without the consent of the Franchisee and
Transferee.
PASSED, ADOPTED AND APPROVED
this 4th day of December, 2006, by the City Council of
the City of
Ayes: Dennis Aisenbrey, Galen
Guthmiller, Gary Herman, John Huber, Jerome Kotalik and Darrell Mehlhaf
Nays: None
Absent: None
CITY
OF
By:
Larry Tolzin
ATTEST: Peggy Thranum Its:
Mayor
Herman
made a motion to approve the Cylinder Agreement with Linweld to provide
medical oxygen for our ambulance service. Mehlhaf seconded, all present in
favor; motion carried.
Mehlhaf
made a motion to give permission to the school to use the city’s talk
around channel so they have communication with the fire, ambulance and law
enforcement in case of emergency, if that is the
direction they wish to go. Huber seconded, all present in favor; motion
carried.
Ken
Bertsch, representing the Menno Area Development Corporation, asked the council
to consider making a donation to the corporation to assist in purchasing
property on
FOR YOUR INFORMATION: The packet from the November
21 MADC meeting and the SEFP report were included in the council packets.
Aisenbrey made a motion to adjourn at
Mehlhaf made a motion to reconvene at
Discussion was had on sewer repairs that need to be
done on Highway 18 when the state redoes the highway. Arens suggested checking
the condition of the manholes beginning with the
Arens was asked to look at the bathhouse at the pool
and give his recommendations for repair/improvements.
Herman made a motion to adjourn at
Peggy Thranum, Finance Officer Larry Tolzin, Mayor