MINUTES
OF CITY COUNCIL PROCEEDINGS
Mayor
Larry Tolzin called the city council to order at
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
|
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
|
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,
Kotalik made a motion to approve the warrants
as presented. Herman seconded, all present in favor; motion carried.
SCHEDULED BUSINESS:
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
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
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:
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
Steve List will be sent a letter asking him to clean
up his property at
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
Herman made a motion to begin the annual
water meter reading the week of
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
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
Dated this 3rd
day of July, 2006.
ATTEST:
Peggy
Thranum, Finance Officer Larry
Tolzin, Mayor
(SEAL)
Huber
made a motion to:
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
Mehlhaf
made a motion to pay expenses for Herman to attend the STIP
informational meeting at District III in Yankton on July 6 at
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
Everyone
is encouraged to attend the STIP meeting to be held at the Davison County
Fairgrounds Facility at 3200 West Havens in Mitchell on
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
Peggy Thranum, Finance Officer Larry Tolzin, Mayor