MINUTES OF CITY COUNCIL PROCEEDINGS

MENNO, SOUTH DAKOTA

February 4, 2008

 

Council President Dennis Aisenbrey called the city council to order at 7:30 p.m. on February 4, 2008 in the council room at city hall. Council present: Dennis Aisenbrey, Galen Guthmiller, Jerome Kotalik and Darrell Mehlhaf (Gary Herman, John Huber and Mayor Larry Tolzin absent) and Finance Officer Peggy Thranum, Superintendent Fred Sayler and City Attorney Kenneth D. Bertsch (entered at 7:38 p.m.) Bill Headley, Alfred Schaeffer, Calvin Rempfer, Erik Kaufman, Aaron Matthaei, Earl Keller, La Verne Mensch, Steve Mereness and Shane Torgrude were also present.

 

Guthmiller moved to approve the agenda. Kotalik seconded, all present in favor; motion carried.

 

REGULAR MEETING ITEMS: Mehlhaf moved to approve the minutes of the January 7 regular meeting. Kotalik seconded, all present in favor; motion carried.

 

Guthmiller made a motion to approve the January finance report. Mehlhaf seconded, all present in favor; motion carried.

 

FINANCE REPORT:

 

  General

  Water

   Sewer

Garbage

Perpetual Care

Sales Tax

Totals

Checking 12/28/07 Balance:

60,106.17

8,238.32

8,956.53

22,205.70

664.28

28,558.16

128,729.16

Sewer CD #41388

 

 

8,429.06

 

 

 

8,429.06

     Warrants:

(23,545.79)

(5,389.32)

(2,771.64)

(3,993.81)

0.00

(1,111.59)

(36,812.15)

     Receipts:

17,582.75

7,480.26

5,246.19

4,553.00

0.00

8,041.30

42,903.50

     Interest:

37.10

6.99

13.44

15.41

 

24.02

96.96

Checking 1/31/08 Balance

54,180.23

10,336.25

19,873.58

22,780.30

664.28

35,511.89

143,346.53

Water Deposits Held

 

(2,800.00)

 

 

Restricted

 

(2,800.00)

General Purpose CD's

50,000.00

 

 

 

Account

 

50,000.00

Designated Purpose CD's

117,606.40

31,338.12

43,478.99

2,643.72

47,667.62

 

242,734.85

Total Cash Assets:

221,786.63

38,874.37

63,352.57

25,424.02

48,331.90

35,511.89

433,281.38

Profit or (Loss) for the month

(5,925.94)

2,097.93

2,487.99

574.60

0.00

6,953.73

6,188.31

 

RECEIPTS: Water 7460.26; Sewer 5246.19; Garbage 4485.00; Late Fees 90.00; Ambulance 2049.09; Ambulance Claims Interest .10; City Hall Rent, Menno School 60.00; Tree & Park CD Interest 4.52; NSF Fee, Lorie Lehr  20.00; Franchise Fee, Golden West 825.42 & Mediacom 566.44; Cemetery CD Interest 194.83; Sales Tax 1% 8041.30 & 2% 8041.30; Highway & Bridge 1822.10; Alcohol Beverage Fund Remittance 1127.60; 5% License 654.56; Real Estate Taxes 1106.47; Penalty & Interest 36.92; 25% Road Tax 213.06; Wheel Tax 770.34; Water: On Fee, Willard Hellwig 10.00 and Off Fee, Jim Massey 10.00; RU Site Fees 48.00; RU Site-After Hours Admits (2) Pro Tree Service 20.00; Interest Earned 96.96. Total Receipts: $43,000.46. (Deposited Sewer CD #41388 $8429.06-to help pay for new lift station pumps)

 

Kotalik made a motion to approve the following warrants. Guthmiller seconded, all present in favor; motion carried.

 

WARRANTS APPROVED: Payroll: Council 483.96; Mayor 161.61; Finance 515.70; Building 118.90; Police 2287.65; Streets 2100.17; Cemetery 115.44; Ambulance 539.41; Libraries 258.42; Development 110.36; Water 725.66; Sewer 725.65; Garbage 151.78; Group Insurance, Wellmark BCBS 1638.48, AFLAC 143.36 & Principal Life 587.26; Menno State Bank, Payroll Taxes 2122.06; SDRS, Retirement 951.36. Professional Services: Rocky Zeeb’s Garbage Service 3228.75 Utilities: Golden West Co., Phone 314.04; NorthWestern Energy, Electricity 2704.24; Verizon Wireless, Police Cell Phone 70.14. Water Fund: B-Y Water, 1.391 M. Gallons 3462.00; City of Sioux Falls, Bacteria Testing 40.56; Ken’s Electric, Pump House Heater R&M 140.31; Petty Cash, Postage 2.32; Postmaster, Stamped Envelopes 44.30; Western Office Plus, Toner 13.20. Sewer Fund: Ken’s Electric, Lift Station R&M 40.82; Postmaster, Stamped Envelopes 44.30; SCPI, Notice 77.00; Western Office Plus, Toner 13.20 Garbage Fund: SD State Treasurer, Sales Tax 257.42; Postmaster, Stamped Envelopes 44.30; Western Office Plus, Toner 13.20. Sales Tax Bond Fund: Menno State Bank, Interest 1111.59. General Fund: Menno State Bank, Security Box Rent 20.00; Heiman Fire Equipment, Annual Fire Extinguisher Inspection 42.00; Heritage Pharmacy, Office Supply 7.56; Hutchinson County Auditor, Tax Listing 25.00; J.D. Evans, Grader Blades 1052.50; Klaudt Service, R&M-Police 935.38-Street 135.00, Supplies-Police 395.70-Street 336.41-Snow Removal 348.35-Ambulance Supply 116.60; Lower James RC&D, 2008 Dues 55.00; Luikens Repair, Pay Loader R&M 276.57; Menno Hardware, Snow Shovel 14.95; Menno Lumber, Snow Shovel 18.85; Petty Cash, Council- Finance-Development Supplies 43.64; Planning & Development District III, 2008 Dues 1010.00; Postmaster, Stamped Envelopes 88.60; SDATT, 2008 Dues 239.35; SCPI, Publishing 395.77; Walter Welding, Grader R&M 65.00; Western Office Plus, Toner-Binders 60.44; Yankton Press & Dakotan, Pool Bids 16.24.

 

SCHEDULED BUSINESS: 7:33 p.m. There were no applications for pool manager. Mehlhaf made a motion to re-advertise for pool manager. Kotalik seconded, all present in favor; motion carried.

 

One quote was received for cemetery mowing. Mehlhaf made a motion to accept the quote for cemetery mowing from Bonnie Heirigs for $580 per cutting using her own equipment and furnishing her own insurance. Guthmiller seconded; all present in favor; motion carried.

 

City Attorney Ken Bertsch entered the meeting at 7:38 p.m.

 

7:35 p.m. La Verne Mensch and Earl Keller addressed the council concerning sump pumps draining into the City’s sewer system. The City had previously notified property owners that sump pumps are not allowed to drain into the City’s sewer system. Keller indicated that sump pump discharge hoses will freeze up if placed outside during the winter months. The council indicated that it is against state regulations to drain surface water into the sewage system because an excess of water doesn’t allow the bacteria in the ponds to do their job. The City has no authority to make exceptions from state regulations.

 

Keller believes part of the problem is the city’s because we have no drainage in town. The council is hoping some of the drainage problems will be eliminated with the highway project. A storm sewer that will tie into the one along Highway 18 is planned between New Hope Assembly and the Garden Gate which will drain the area to the south. Mensch stated the City needs to clean out the drainage ditch around the ball field so the water can get out of town. He presented papers showing the ditch is registered in Olivet as a natural drain and may be cut 1-3 feet deep. The city engineer will be contacted to study how this ditch is to be cleaned out and if bigger culverts should be put in to help with the drainage.

 

Mehlhaf made a motion to table this issue until April when the snow cover is gone to allow the engineer a clear view of the land. Kotalik seconded, all present in favor; motion carried. No decision on the sump pump issue was made.  

 

Mensch, Keller, Schaeffer and Rempfer left the meeting.

 

8:09 p.m. One bid was received for the concrete work and plumbing at the pool, Herrboldt Construction, Yankton $25,291. Two bids were received for the tuck-pointing: Midwest Masonry, Parkston $15,701 and Mid-Continental Restoration Co., Sioux Falls $11,451 for the removal and replacement of concrete blocks, Alternate #1 $6359 for a metal cap atop the wall and Alternate #2 $6880 Sandblasting exterior walls exposed to sunlight and giving one coat of Thorocoat.

 

Mehlhaf made a motion to accept the bid from Herrboldt Construction in the amount of $25,291 for material and labor, including all taxes, for demolition, new concrete w/rebar, removal of existing walls as indicated and adding new walls where indicated, new water lines, sewer locations as indicated, all new fixtures and shower heads at the Menno Swimming Pool. Guthmiller seconded, all present in favor; motion carried. The contractors will be notified of this delay.

 

Due to the fact there were some questions concerning the bids that could not be answered at the meeting, Mehlhaf made a motion to table the bid award for the tuck-pointing at the Menno Pool until the March council meeting. Guthmiller seconded, all present in favor; motion carried.

 

Steve Mereness and Shane Torgrude from Dakota Supply Group met with the council and explained the concept of the Orion Mobile Radio Frequency System, a flexible automated meter reading system for water utilities. Orion provides greater reading accuracy, elimination of “hard-to-read” meters, tamper and leak detection. The system can be installed on the Badger meters we have and will work with the Banyon software we have. Out of 353 active meters at this time, approximately 159 do not read their meter monthly. No decision was made. Mereness and Torgrude left the meeting at 9 p.m..

 

OLD BUSINESS: “To Do List”: Nothing was added to the list.

 

Kotalik made a motion to not surplus Out Lot 39, as it is part of a lease that is in effect until 2021 with an option to renew for another 25 years. It is also in line with the main drainage ditch of the city. Guthmiller seconded, all present in favor; motion carried.

 

Bill Headley stated they have been unable to obtain any costs for the sidewalk replacement at the Legion. As soon as they have this information, they will bring it to the council.

 

NEW BUSINESS: Mehlhaf made a motion to advertise for hay quotes for the 2008 season. Guthmiller seconded; all present in favor; motion carried.

 

Kotalik made a motion to advertise for lifeguards. Guthmiller seconded, all present in favor; motion carried.

 

Guthmiller made a motion to approve the following list of officers and members of the Menno Fire Department as elected at their annual meeting January 8, 2008. Mehlhaf seconded, all present in favor; motion carried.

Fire Chief: John Huber; Assistant Chief: Jai Walter; Secretary-Treasurer: Gary Herman; Assistant Secretary-Treasurer: Marsha Schelske; Foreman, City Truck: Jerry Fischer; Foreman, Rural Truck: Terry Goehring; Foreman, Rural Tanker: Scott Simonsen; Foreman, Rural Grass Unit: Daniel Mettler; Foreman, Department Grass Unit: Shannon Herrboldt; Foreman, Rescue Unit: Chris Buchmann. Members: David Bender, Tim Bender, Ronald Diede, David Fischer, Matt Fischer, Tom Fischer, Mark Hento, Brad Knutson, Jerome Kotalik, Ron Luikens, Audrey Maas, Daniel Mehlhaf, Fred Sayler, Roger Simonsen, Danielle Vis, and Mike Walters.

 

Mehlhaf made a motion to pay the Experience Works program as much as last year, $500. Kotalik seconded, all present in favor; motion carried.

 

Mehlhaf made a motion to approve the Equipment Lease between the City of Menno and the SD DOT for sweeping US Highway 18 through Menno between mileposts 394.5 to 395.0 and through Olivet between mileposts 389.5 to 390.0. The total amount of the lease shall not exceed $2000. Guthmiller seconded, all present in favor; motion carried.

 

Guthmiller moved to approve the following resolution. Kotalik seconded, all present in favor; motion carried.

 

RESOLUTION # 2-4-2008-02

CORPORATE RESOLUTION FOR CONTRACTING AUTHORITY

 

                WHEREAS, the City of Menno, South Dakota, [having as one of its departments] the Menno Fire Department, a municipal corporation, desires to enter a contract with the South Dakota Department of Agriculture concerning Fire Suppression, and

 

                WHEREAS, the undersigned are a quorum of the Governing Body of the city and are empowered to manage the business affairs thereof,

 

                NOW THEREFORE BE IT RESOLVED at a duly held meeting of the City Council, that John Huber, Fire Chief, is authorized to negotiate and sign all contracts between the city and the South Dakota Department of Agriculture concerning Fire Suppression on behalf of the city. Said authority shall be continuing until revoked in writing by a resolution served upon the office of the Secretary of Agriculture, Joe Foss Building, 523 E Capitol, Pierre, South Dakota, 57501-3182.

 

                Duly adopted and passed at a regular meeting of the governing body at the regular meeting of the Menno City Council in council chambers at city hall.

 

On this 4th day of February 2008. Signed: Dennis Aisenbrey, Council President; Galen Guthmiller, Councilman; Jerome Kotalik, Councilman; and Darrell Mehlhaf, Councilman.  Mayor Larry Tolzin, Councilman Gary Herman and Councilman John Huber were absent.

ATTEST: Peggy Thranum, Finance Officer

(SEAL)

 

Mehlhaf made a motion to appoint Gary Herman as the Lower James representative. Guthmiller seconded; all present in favor; motion carried.

 

Fire Chief John Huber will be given the information concerning the Pipeline Awareness & Emergency Response Meetings in South Dakota.

 

Aaron Matthaei presented the council with a list of sixteen different properties and complained that they were nuisance violations; he also provided pictures to support his claim. He went through each picture and stated what he felt the violations were and asked the council to take action on them. The city attorney pointed out that the policy in the past has been for the mayor to talk to the people individually. If the mayor wasn’t successful with a personal contact, then he brought the matter to the council. They then decided if the city attorney should take action. On the advice of the city attorney and due to difficulty of cleaning up during the winter months with snow and frozen ground, the council decided to wait until the mayor returns to give him a chance to resolve these issues before taking any further action. (The list of properties and pictures are available for viewing at the finance office during normal business hours.)

 

Sayler reported the sewer jetter has a strange hammering sound in the pump. He is to have Luikens Repair look at it first and if Luikens cannot determine what is wrong with it, Sayler should take it to Sioux Falls.

 

For Your Information: A thank you was read from the Menno Museum for the monetary support.

 

The minutes of the January 15 development meeting and SEFP reports were included in the council packets.

 

Mehlhaf made a motion to go into executive session at 9:35 p.m. to discuss a personnel issue with the city attorney. Guthmiller seconded. All present in favor; motion carried. 

 

Headley, Matthaei, Sayler and Kaufman left the meeting.

 

Mehlhaf made a motion to come out of executive session at 10:00 p.m. Guthmiller seconded, all present in favor; motion carried. No action was taken.

 

Guthmiller made a motion to adjourn at 10:01 p.m. until Monday, March 3, 2008 at 7:30 p.m. Kotalik seconded, all present in favor.

 

ATTEST:                                                                    CITY OF MENNO, SOUTH DAKOTA

 

 

                                                                                                                                               

Peggy Thranum, Finance Officer                                    Dennis Aisenbrey, Council President