MINUTES OF CITY COUNCIL PROCEEDINGS

MENNO, SOUTH DAKOTA

July 3, 2006

 

Mayor Larry Tolzin called the city council to order at 6:30 p.m. on July 3, 2006 in the council room at city hall. Council present: Dennis Aisenbrey, Galen Guthmiller, Gary Herman, John Huber, Jerome Kotalik, and Darrell Mehlhaf, Finance Officer Peggy Thranum, City Attorney Kenneth D. Bertsch and Superintendent Fred Sayler (entered at 8:38 p.m.). Karen Dolan, Ray C. and Shirley Mettler, Sharon and Darrell Guthmiller, Erik Kaufman, Christian Sorlien, Daniel Guthmiller, Rachel Stokes, and Shirley and Edwin Auch were also present.

 

Herman moved to approve the agenda with the following additions Amendment E and Thank you. Kotalik seconded, all present in favor; motion carried. A thank you was received from the Eileen Klaudt family.

 

REGULAR MEETING ITEMS: Mehlhaf made a motion to approve the minutes of the June 5 regular meeting and the following corrections to the May minutes: To be added to payroll: Water $813.71 and Sewer $813.73. Huber seconded, all present in favor; motion carried.

 

Guthmiller moved to approve the June finance report. Herman seconded, all present in favor; motion carried.

 

FINANCE REPORT:

 

  General

  Water

   Sewer

Garbage

Perpetual Care

Sales Tax

Totals

Checking 5-31-06 Balance:

106,010.91

42,335.60

27,440.77

30,434.13

576.28

52,185.60

258,983.29

     Warrants:

(45,889.16)

(10,959.47)

(5,452.91)

(5,804.56)

0.00

0.00

(68,106.10)

     Receipts:

37,528.67

8,238.48

3,723.96

5,627.50

303.00

6,789.08

62,210.69

     Interest:

59.16

23.79

15.44

18.17

 

35.41

151.97

Checking 6-30-06 Balance

97,709.58

39,638.40

25,727.26

30,275.24

879.28

59,010.09

253,239.85

Water Restricted Cash

 

(3,600.00)

 

 

Restricted

 

(3,600.00)

General Purpose CD's

50,000.00

 

 

 

Account

 

50,000.00

Designated Purpose CD's

57,578.98

20,000.00

11,605.41

1,502.03

45,146.00

 

135,832.42

Total Cash Assets:

205,288.56

56,038.40

37,332.67

31,777.27

46,025.28

59,010.09

435,472.27

Profit or (Loss) for the month

(8,301.33)

(2,697.20)

(1,713.51)

(158.89)

303.00

6,824.49

(5,743.44)

 

RECEIPTS: Water 8083.48; Sewer 3723.96; Garbage 5552.50; Late Fees 30.00; Ambulance 3620.47; City Hall Rent, South Central Child Development 15.00; Tree & Park CD Interest 4.52; Pool Gate Receipts 2900.00; Pool Concession Receipts 531.27; Gravel, Robert Heckenlaible 40.00; Special Assessments-Principal 354.49; Special Assessments-Interest 41.66; Permit for Consumption of Alcohol, Schnitz 12.50 and Beer Garden 12.50; Temporary Malt Beverage Permit, Menno Baseball Association 10.00; Malt Beverage Renewals: Off Sale-Beer Garden 75.00 and Country Pride 75.00, On-Off Sale-Schnitz 125.00, Klaudt Service 125.00, and Pit Stop 125.00; Bad Check Fee, Ben Vis 20.00; Cemetery CD Interest 80.45; Cemetery Lots, Philip Neuharth Jr. (2) 150.00; Galls, Inc., Ambulance Supply-Overpayment 38.93; Department of Health, Mosquito Control Grant 917.88; Sales Tax, 1% 6789.08 & 2% 6786.36; 5% License 458.76; Mobile Home Real Estate 489.11; Real Estate Taxes 20,466.83; Penalty & Interest 22.94; Water-On Fee, Casper Dosch 10.00, M.E. Ulmer 10.00, & Power Show 10.00; Water Deposit, Karen Wollman 100.00; Reconnect Fee, Ben Vis 25.00; RU Site-Shingles, Massey Construction 35.00; RU Site, White Goods, Jill Haberman 20.00; RU Site, Painted Wood, Jim Sattler 10.00 and Menno School 10.00; Perpetual Care Cemetery Lots, Philip Neuharth Jr. (2) 150.00;  Cemetery Donations, Alfred Hauck for August J. Hauck 40.00, Archie Klaudt for Janice Klaudt Johnson10.00 and City Council & Employees (Private Donations) for Eileen Klaudt 103.00; Interest Earned 151.97. Total Receipts: $62,362.66.

 

WARRANTS APPROVED: Payroll: Council; 534.10; Mayor 184.70; Finance 1588.57; City Hall 98.93; Police 3183.46; Streets 2670.68; Cemetery 108.81; Ambulance 354.12; Pool 3048.62; Parks 491.37; Library 227.62; Development 412.61; Water 1262.03; Sewer 1261.98; Garbage 308.97; Wellmark BCBS, Group Insurance 1321.64; Principal Life, Group Insurance 314.29; SDRS, Retirement 1668.28; Menno State Bank, Payroll Taxes 4094.32. Professional Services: Rocky Zeeb’s Garbage Service 4951.50; Bonnie Heirigs, Mow Cemetery (1) 530.00. Utilities: Golden West Co., Phone 436.54; NorthWestern, Electricity 1550.17; Verizon Wireless, Police Cell Phone, 69.51. Water Fund: B-Y Water, 3.458 M. Gallons 7596.00; Returned Check, Ben Vis 12.00; Deposit Refunds - Arlene Klaudt 50.00, Dennis Schutt, 50.00, and Mark Guthmiller 50.00; Mark Guthmiller Overpayment 6.94, Brown & Saenger, Paper 10.49; Hawkins, Supply 1663.20; Maguire Iron, Alarm Installation 2654.41; One Call Systems, Locates 8.63; Petty Cash, Postage 2.07; SDARWS, Class B Dues 210.00; Walter Welding, R&M 15.00. Sewer Fund: Returned Check, Ben Vis 10.00; Department of Revenue, Samples 223.00; Menno Hardware, Supply 31.32; Mettler Implement, Supply .75; One Call Systems, Locates 8.62; Petty Cash, Postage 31.18; Team Laboratory, Supply 682.50. Garbage Fund: Returned Check, Ben Vis 13.00; SD State Treasurer, Sales Tax 303.13. Sales Tax Fund: Sales Tax Bond Payment 42,426.81. General Fund: Elan, Ambulance & Police Supply 37.77 and Finance Room 177.00; Banyon Data Systems, Fund Account Support 770.00; Brown & Saenger, Paper 29.92; Department of Revenue, Pool Samples 24.00; Dust-Tex, City Hall Supply 44.00; Hawkins, Pool Chemicals 312.15; Heiman Fire Equipment, Supply 147.00; Klaudt Service, Police, Street, Ambulance, Park Supply & Park R&M 622.62; Menno Fire Department, Fire School, 6 Firemen at Brandon 1107.81; Menno Hardware, Supply 110.39; Menno Lumber, Building & Park R&M - Street & Pool Supply 275.44; Menno Mercantile, Street Supply & R&M 85.98; Mettler Fertilizer, Park Supply 35.10; Mettler Implement, Street, Pool, Park Supply 29.42; Petty Cash, Supplies 30.58; Marsha Schelske, EMT-I Recertification and Ambulance Supply 51.50; SD State Treasurer, Sales Tax-Pool 194.22; Second Century Publishing, Minutes-Ads 259.01; Simonsen Plumbing & Heating, Pool R&M 54.36; Clarence Simonsen, Nine Pounds Ambulance Laundry 20.25; Springfield Vocational Industry, Library Drop Box 700.00; Team Laboratory, Street & Park Supply 670.00; UPS, Postage 34.35; Van Diest Supply, West Nile Supply 828.75; Walter Welding, Park R&M 12.00; Wholesale Supply, Pool Concessions 383.15.

 

Kotalik made a motion to approve the warrants as presented. Herman seconded, all present in favor; motion carried.

 

SCHEDULED BUSINESS: 6:35 p.m. Pool Manager Rachel Stokes informed the council of needed repairs at the swimming pool. The concrete is crumbling around the baby pool. She felt it might be more cost effective to redo the baby pool, but was unable to obtain an estimate for this at this time. She spoke with towns that had redone their bathhouses; Woonsocket’s cost $75,000 and Tyndall’s cost between $65-$70,000. Both towns used local contractors, had volunteers from the community help in the construction process, and used donations along with city funds. The City of Tyndall paid $17,000 toward the cost of their bathhouse; donations and volunteers paid the rest. She researched grants to help with these projects, SD Community Foundation, Land and Water Conservation Fund Grant, and Ronald McDonald House Charities; they will be contacted concerning funding. She stated they have an average of 60 children at the pool daily; this figure does not include those that use the baby pool. August 27 will be the closing date of the pool. The week of August 20th the pool may only be open in the evenings, as she and the lifeguards will be back in school. A schedule will be published when it becomes available. Stokes left the meeting at 6:45 p.m.

 

Mayor Tolzin stated several letters have been sent to Christian Sorlien asking him to clean up his property and nothing seems to have been done and wanted to know why. Sorlien stated people drop things off at his place of business at night or when he isn’t around that aren’t authorized to do so. He doesn’t know what to do about it except pick it up and states he has cleaned it up several times already. Attorney Bertsch suggested the city would put a notice in the paper that any discarded items are not authorized to be dropped off at Sorlien’s place of business without his consent. Bertsch stated he had been to Sorlien’s shop today and it is quite apparent that many items have been there for some time as the weeds are growing up around them.

 

The council inquired as to previous action that had been taken. The city finance officer stated letters asking Sorlien to clean up his property had been sent on September 10, 2003, December 17, 2004, March 4, 2005, (after receiving a written complaint concerning the appearance of his residence and his barking dogs), and May 24, 2006.  On June 12, 2006, the city attorney sent Sorlien a letter informing him the council would take action at the July 3 council meeting to declare his property a nuisance and order him to abate such nuisance in a reasonable amount of time and if he didn’t, the city would abate such nuisance. He was asked to show a good faith effort to abate such nuisance by immediately beginning to clean up his lots. In addition to these letters, the mayor has personally spoken with Sorlien several times asking him to clean up his properties.

 

Sorlien presented pictures to the council of violations to the ordinances by other people that he found. He was asked if he was filing a complaint against those people and he said yes. Bertsch stated we would ask those that Sorlien complained about to clean up their property, but he still needs to clean up his.

 

Mehlhaf made a motion to declare the area surrounding Sorlien Welding and Manufacturing at 158 W Poplar Street and his residence at 201 S East Street a nuisance and declare that such nuisance should be abated by the next city council meeting on August 7, 2006. If such nuisance has not been abated by that time, the city will abate the nuisance. Each day the properties are not cleaned up by the time indicated constitutes a separate criminal offense punishable by up to a $200.00 fine. Huber seconded, all council present and voting aye; motion carried. Sorlien is to put up a sign on his property stating things cannot be dropped off at his shop.

 

7 p.m. Karen Dolan presented the council with a list of code violations that they are forced to view everyday in their neighborhood concerning Chapter 15, Firewood and Chapter 22, Nuisances. Firewood is stored too close to the city right of way and not stacked in a neat manner. Uncovered trashcans are left beside the street and plastic trash bags are left to attract vermin and be ripped apart by dogs or cats; Dolan’s have to regularly pick up trash on their lawn. There is all types of junk; old bikes, machine parts, oil drums, uncut weeds, trailers, junked vehicles and farm equipment on trailers regularly parked on neighborhood streets. She asked that this complaint be recorded in the minutes and a clear indication of when action would be taken. The appearance of Sorlien’s place of business is a shameful eyesore. Some recent work has been done in moving junk, but hardly enough to conform to code.  This is a business matter, not a personal issue. Failure to maintain neat properties in a neighborhood affects the values of all properties in that neighborhood. Citizens should not be forced into confrontational situations with their neighbors. When daily civic business is neglected, everyday problems become personal problems. She heard at tonight’s meeting that some action was to finally be taken.

 

Daniel Guthmiller thinks Menno is a dying community and that everyone has something to complain about. He stated Menno is a farming community and a nice place to live and offers great events like the Fourth of July parade and the Power Show. He wanted to know why people couldn’t meet up and work out their problems. He felt people were friendlier in the past than they are today. The mayor stated the council met with open doors and this was the place to discuss things, not in other establishments in town. Daniel felt when you came to the council it was a loosing battle.

 

Bertsch asked Sorlien if he would allow people to come in and help him clean things up as Daniel Guthmiller suggested. Sorlien stated that would be great. After further discussion, no action was taken on this matter at this time.

 

Auch’s, Mettler’s, Darrell Guthmiller’s, and Dolan left the meeting.

 

OLD BUSINESS: 7:15 p.m. “To Do List” Kotalik mentioned the curb/gutter on the southeast corner of Main and Fifth is heaving. Maintenance was directed to take a saw and cut a 2-inch piece out to see if it would go back down. If this doesn’t help, it will have to be redone.

 

Herman mentioned the asphalt on the south side of the dip by the school and Walter Welding is bulging.

 

Ray Woehl has showers sitting behind his garage and is putting up a fence using sheet metal that does not comply with our fence ordinance. He has an accumulation of items around his residences at 129 and 131 N Pearl Street. Mehlhaf made a motion to notify Ray Woehl that he is in violation of the fence and nuisance ordinances and he needs to have them cleaned up by the next council meeting on August 7, 2006. If this is not done, the city will abate the nuisance. Each day the properties are not cleaned up by the time indicated constitutes a separate criminal offense punishable by up to a $200.00 fine. Huber seconded, all council present and voting aye; motion carried.

 

Steve List will be sent a letter asking him to clean up his property at 612 S High Street by the next council meeting on August 7, 2006.

 

It will cost between $7500-$8000 to lay one block of asphalt on the street north of the sale barn. The street would need to be prepared by the maintenance department first.

 

Mehlhaf made a motion to approve the following ambulance rates effective immediately; BLS-$200; BLS-E $275;

ALS-E $325 and Mileage-All miles @ $8.48. Herman seconded, all present in favor; motion carried.

 

NEW BUSINESS: Huber made a motion to set the date for the budget meeting on Thursday, July 13, 2006 to begin at 7:00 p.m. Aisenbrey seconded, all present in favor; motion carried.

 

Herman made a motion to begin the annual water meter reading the week of July 24, 2006. Kotalik seconded, all present in favor; motion carried.

 

Huber made a motion to approve the Fire Suppression Agreement between the Menno Fire Department and the SD Department of Agriculture, Wildland Fire Division and to have Fire Chief Shannon Herrboldt sign the agreement. This agreement supersedes all prior forest fire suppression agreements and becomes effective May 1, 2006 and will continue until November 30, 2011. Guthmiller seconded, all present in favor; motion carried.

 

Mehlhaf made a motion to pay expenses for Thranum to attend authorized agent training for SDRS on August 23 in Mitchell. Herman seconded, all present in favor; motion carried.

 

Herman made a motion to approve the following resolution concerning Amendment E. Aisenbrey seconded, all present in favor; motion carried.

RESOLUTION #2006-2

AMENDMENT E

 

                WHEREAS, an initiated measure self-titled as “The J.A.I.L. Amendment” has been designated as Amendment E by the Secretary of State and will appear on the November, 2006 general ballot; and

                                               

WHEREAS, Amendment E would abolish the doctrine of judicial immunity, create a special grand jury with an annual budget over two million dollars, allow for the creation of special court under the jurisdiction of the special grand jury apart from the Unified Judicial System and would allow for jury nullification (a measure previously submitted to and rejected by the electorate); and

 

                WHEREAS, the stated purpose of Amendment E is to correct the abuse of judicial power, and

 

                WHEREAS, the South Dakota and United States Constitutions and the laws made pursuant to these Constitutions by publicly elected officials currently provide remedies for the correction of any abuse of the judicial power; and

 

                WHEREAS, Amendment E would subject any person or group of persons who exercise judicial authority, including quasi-judicial actions such as members of zoning boards of adjustment, planning commission, and municipal governing bodies, to limitless liability; and

 

                WHEREAS, Amendment E prevents public money from being used to defend a public official from a claim brought by the special grand jury, subjecting the official to massive personal liability; and

 

                WHEREAS, a number of groups including the South Dakota Municipal League, the South Dakota Republican and Democratic parties, the South Dakota State Bar, and many others have voiced opposition to Amendment E because of the threat it poses to the judicial system and to public officials; and

 

                WHEREAS, the Legislature of the State of South Dakota has unanimously approved House Concurrent Resolution 1004 strongly urging the voters of South Dakota to defeat Amendment E “to protect our system of justice, to protect economic development” and “to protect citizens from frivolous lawsuits”; and

 

                WHEREAS, the City Council has determined that Amendment E would be contrary to the best interests of the City of Menno because of the potential damage Amendment E could do to South Dakota’s judicial system and the threat it poses to public servants who serve on many municipal boards, such as the Zoning Board of Adjustment, the Planning Commission, as well as the Menno City Council.

                                               

                NOW THEREFORE BE IT RESOLVED by the City of Menno that the Menno City Council joins with the South Dakota Legislature, the South Dakota Municipal League, and other groups and strongly urges the voters of South Dakota to reject Amendment E when voting at the 2006 general election.

 

                Dated this 3rd day of July, 2006.

 

ATTEST:                                                                                                CITY OF MENNO, SOUTH DAKOTA

Peggy Thranum, Finance Officer                                            Larry Tolzin, Mayor

(SEAL)

 

Huber made a motion to:

  • Block Fifth Street from Menno Mercantile to Walter Welding from 4 p.m. until after the Car Show on August 26, 2006. 
  • Set August 7 at 7:35 p.m. as the hearing date and time for a Temporary Malt Beverage Permit for the Menno Fire Department on August 26, 2006 from 3 p.m. until 10 p.m. at the Menno Fire Hall.
  • Allow the alley between the Schnitz and the Beer Garden to be blocked off and used for a dance the night of August 26 from 4 p.m. until 2 a.m. August 27. The band will quit playing at 1 a.m. on the 27th. The alley may be blocked with barricades in the morning and a fence will be put up prior to the dance.

Mehlhaf seconded, all present in favor, motion carried.

 

The SD Department of Environment and Natural Resources (DENR) will offer a free nitrate testing clinic at Menno City Hall on July 18 from 1-4:30 p.m. The goal of this project is to educate the public of the importance of water quality testing of private drinking water wells.

 

Mehlhaf made a motion to pay expenses for Herman to attend the STIP informational meeting at District III in Yankton on July 6 at 10 a.m. and for any council members that can attend the meeting in Mitchell on July 18. Guthmiller seconded. All present in favor; motion carried.

 

Sayler will be having surgery July 12 so will be off work through the end of July, possibly longer.

 

Council was reminded of the Elected Officials Workshop in Fort Pierre on July 14.

 

Everyone is encouraged to attend the STIP meeting to be held at the Davison County Fairgrounds Facility at 3200 West Havens in Mitchell on July 18, 2006 beginning at 7:00 p.m. Public input and support at this meeting will hopefully ensure the US Highway 18 Project through and around Menno stays on the 2007-2011 Five-Year Statewide Transportation Improvement Program (STIP).

 

Sayler stated repairs need to be done to the maintainer and the beige dump truck. He also stated we should be on the look out for a street sweeper, as they are continually repairing the same things on the one we have. Following discussion, Huber made a motion to okay the repairs needed to the maintainer and the dump truck. Guthmiller seconded, all present in favor; motion carried.

 

FOR YOUR INFORMATION: The packet from the June 20 MADC meeting and the SEFP report were included in the council packets.

 

Guthmiller made a motion to adjourn at 7:45 p.m. until Monday, August 7, 2006 at 7:30 p.m. Herman seconded, all present in favor; motion carried.

 

ATTEST:                                                                    CITY OF MENNO, SOUTH DAKOTA

 

                                                                                                                                               

Peggy Thranum, Finance Officer                                    Larry Tolzin, Mayor