Regular Meeting De Smet Common Council March 9, 2011

REGULAR MEETING DE SMET COMMON COUNCIL MARCH 9, 2011

The De Smet Common Council met in regular session on March 9, 2011, at 5:00 p.m., with the following present: G. Wolkow, Jensen, Lembke, Botkin, Whitaker, Skyberg, FO Wolkow. Absent: Larson. Also present: DFO Eichacker, Attorney Wilkinson, Rita Anderson, Donna Palmlund, Mayor Wolkow called the meeting to order. ANNOUCEMENTS: Mayor Wolkow wished Alderman Botkin Happy Birthday! MINUTES: The minutes of the February 9, 2011, regular meeting and the March 2, 2011, special meeting were approved as printed and furnished to the Council on motion by Skyberg, seconded by Lembke, all voting aye, motion carried. CLAIMS: Motion by Lembke, seconded by Jensen, to approve payment of the claims as presented, all voting aye, motion carried. The claims are as follows: Kim Eichacker, supplies 99.26; PAYROLL, 16,485.66; OASI, 3,166.04; IRS, withholdings 2,547.00; Farm Bureau Bank, health savings 750.00; AFLAC, premium 247.14; Conseco, premium 34.30; SDRS, premium/contribution 4,516.52; Cook’s Wastepaper & Recycling, contract 963.83; Postmaster, postage 168.00; Johnson Brothers Famous, liquor 1,942.60; Republic National, liquor 3,210.59; Ellwein Bros, liquor 13,182.15; Porter Dist., liquor 3,065.40; Office Peeps, computers 3,620.83; Dakota Backup, backup fees 118.88; Visa, supplies 105.99; Kingsbury County Auditor, contract law 4,875.00; Sioux Falls Two Way Radio SVC, license fees 50.00; Display Sales, banners 2,700.00; Cowboy Country Stores, fuel 55.53; Arbor Day Foundation, membership 25.00; O’Keefe Implement, pickup 18,900.00; Baker & Taylor, books 641.19; Dave’s AC & Heating, repairs/library furnace 63.78; Reader Service, books 47.40; SD Library Association, membership 25.00; Hawkins Inc., chemicals 1,783.02; Department of Revenue, labs 12.00; Team Laboratory Chemical Corp., chemicals 318.25; Aron’s Electric, hospital proj. 1,292.58; Automatic Building Controls, annual clinic inspection 262.00; REED Inc., loan pmt. 2,357.25; REED Inc., loan pmt. 1,448.41; SD Dept. of Revenue, sales tax 52.27; Rich’s Gas & Service, fuel 3,887.70; Share Corp, supplies 2,277.25; O’Keefe Implement, supplies 667.91; De Smet News, publications 288.32; Cook’s Wastepaper & Recycling, solid waste collection 200.24; SD Municipal League, registration 133.00; Trustworthy Hardware, supplies 86.58; City of De Smet, petty cash 56.74; Ottertail Power Company, utilities 3,888.78; North Western Energy, utilities 890.89; Qwest, utilities 453.62; Kingsbury Electric, utilities 251.06; Kingsbury Electric, maint. contract 220.00; State of SD, long distance 9.23; Wellmark, premium 3,348.36; Mediacom, internet 50.83. RUSITE LEASE: Dan Menzel currently leases hayland at the city’s Restricted Use for $275.00 year. Last fall the city constructed a new trench, thereby reducing the number of acres available as hayland so an adjustment to the lease payment needs to be made. Motion was made by Jensen, seconded by Botkin, to reduce the annual lease payment for the Resticted Use Site hayland to $240.00, all voting aye, motion carried. AIRPORT LEASE: Darrell Mandernach currently leases the airport cropland and has made a verbal request to the city to allow him to sublet a portion of the cropland to Sam Geyer. The terms of the lease require the city to provide written approval for any requests to sublet. Motion was made by Skyberg, seconded by Whitaker, to allow Darrell Mandernach to sublet a portion of the airport leased cropland to Sam Geyer, with the understanding that Mandernach will continue to be the responsible party for all terms and conditions of the lease, and will also be required to make the lease payment in full to the City, all voting aye, motion carried. NOAA LEASE PROPOSAL: The National Oceanic & Atmospheric Administration has submitted a proposal to the city for a lease agreement for the rental of approximately 2500 square feet at the airport to place meteorological equipment for wind monitoring purposes for a period of fifteen months. The rental payment to the city would be $125.00 per month to cover electricity and maintenance costs. Motion was made by Whitaker, seconded by Botkin, to approve the lease proposal of NOAA in the amount of $125.00/month to occupy 2500 square feet of property located at the airport, all voting aye, motion carried. AERIAL SPRAYING PERMIT: Motion was made by Skyberg, seconded by Whitaker, to approve the aerial spraying permit application of Thompson Farm Air LLC for the year 2011, the required bond and proof of insurance having been received; and to lease hangar lot #4 to Thompson Farm Air LLC for a period of 3 three years with an annual lease payment of $125.00; all voting aye, motion carried. 2ND READING ORD. II-9B: Motion was made by Lembke, seconded by Jensen, to approve the second reading of Ordinance No. II-9B, an ordinance to renew the cable franchise held by Mediacom Minnesota LLC, with the following negotiated terms: Mediacom agrees to extend their cable system into the Wilder Pass Addition at no cost to the subscribers; density requirements of at least 10 residences within one-quarter cable mile must be met before the cable system will be extended into an unserved area at no cost; the franchise fee of 3% is to be paid on Gross Revenues which shall include all cable system services; and the term of the agreement shall be 5 years with an expiration date of May 12, 2015; all voting aye, motion carried. FIRE PROTECTION AGREEMENT: Attorney Wilkinson reviewed the terms of a proposed fire protection agreement between the De Smet Fire Department and Spirit Lake Township, that includes an annual fee in the amount of $648.00 that will be deposited into an equipment fund for fire department purposes. Motion by Jensen, seconded by Botkin, to approve the Fire Proptection Service Agreement between the City of De Smet Fire Department and Spirit Lake Township, all voting aye, motion carried. EXECUTIVE SESSION: Motion was made by Lembke, seconded by Skyberg, to enter into executive session at 5:20 PM for the purpose of discussion of personnel and contract issues, all voting aye, motion carried. Motion was made by Skyberg, seconded by Jensen, to come out of executive session at 5:58 PM, all voting aye, motion carried. RECREATION/POOL STAFF: Applications received for the summer recreation staff positions were reviewed by DFO Eichacker. One application was received for each position. Motion was made by Skyberg, seconded by Lembke, to hire Jacob Foley as the Boys Summer Recreation Director and Kyla Roth as the Girls Summer Recreation Director, each for a summer salary of $1,800.00; and to establish the following recreation program policy: Summer recreation coaches will not be allowed to transport any recreation program participants to or from any out of town games in their private vehicles; all voting aye, motion carried. DFO Eichacker reviewed the 11 applications received for the pool staff positions. Motion was made by Lembke, seconded by Botkin to hire the following pool staff: Emily Sorenson, Pool Manager, $10.00/hour; Dayton Lembke, lifeguard $9.05/hour; Kelsey Feltman, lifeguard $8.00/hour; Andrew Foley, lifeguard $8.00/hour; Brittney Eichacker, lifeguard $7.75/hour; and Kelsey Poppen, lifeguard $8.00/hour; all voting aye, motion carried. SUMMER HELP: Motion was made by Whitaker, seconded by Botkin, to advertise for the following seasonal positions: 1 full time Streets Department & 1 part-time Parks Department, with applications to be reviewed at the April Council meeting, all voting aye, motion carried. BUILDING PERMIT: Motion by Skyberg, seconded by Whitaker, to approve the building permit application of Wes & Devon Clubb for a new house, all voting aye, motion carried. SPECIAL LIQUOR LICENSE: Motion by Botkin, seconded by Lembke, to approve the special liquor license application of the De Smet Fire Department for an event to be held on April 9, 2011 at the Grade School Armory between the hours of 5 PM and 2 AM, all voting aye, motion carried. DEVELOPMENT COORDINATOR: De Smet Development Coordinator Rita Anderson reported on the following ongoing activities: De Smet is “still in the running” as a location for the medical device manufacturing company from Minneapolis; Young Guns organizational meeting scheduled for March 19; USDA $99,000 grant funds have been received; working on scheduling a hospitality seminar to be conducted by Jim Thompsen for business employees in De Smet; attended Vermillion Watershed RC&D meeting February 17 in Salem; and working with Chamber to apply for SD Housing Authority Paint SD program. FEBRUARY OVERTIME: Motion by Skyberg, seconded by Jensen, to approve the overtime hours for the month of February as presented, all voting aye, motion carried. FINANCIAL REPORT: Motion was made by Lembke, seconded by Whitaker, to approve the Cash Balances Report as presented by the Finance Officer, all voting aye, motion carried. STREET MAINTENANCE CONFERENCE: Motion by Jensen, seconded by Botkin, to allow Street Supt. Ryan Petersen to attend the annual SDML Street Maintenance conference to be held in Oacoma on April 13-14, all voting aye, motion carried. DISTRICT 2 MEETING: Council members were reminded of the SDML District 2 Meeting being held in Volga on March 30. A delegation of seven City Council & staff members will attend. BOARD OF EQUALIZATION: The Council will meet as a Board of Equalization at 5 PM on Monday, March 21 at City Hall. The deadline for property owners to file a written appeal is March 17. ELECTION CANCELLATION: the following individuals have filed certificates of nomination in the office of the Finance Officer for the position(s) to be filled: Ward 1, Alderman, two year term, Gerald Skyberg; Ward 3, Alderman, two year term, Norman Whitaker; At Large, Mayor, two year term, Gary Wolkow. The position of Ward 2, Alderman, two year term, is vacant.

OTHER: Other non-action items of discussion were as follows: February law enforcement report; concerned citizen letter; Mediacom letter; SD Code Enforcement Conference May 4-5 in Pierre; Mayor met with National Guard representative and they are not available to assist with a city-wide cleanup event this spring; and an equipment lease program available to municipalities through Case dealers that provides new equipment to the city with the only costs being insurance coverage, repairs and service work.

There being no further business the meeting was adjourned on motion by Lembke.

______ATTEST: Gary Wolkow, Mayor

______Eileen Wolkow, Finance Officer

Published once at the approximate cost of ______. CITY OF DE SMET STREET VACATE It was moved by Alderman Larson, and seconded by Botkin, to adopt and pass the following Resolution: RESOLUTION NO. 866 WHEREAS a Petition for Vacation of the North One Hundred Sixty Five Feet (N 165’) of Ingalls Avenue, which lies between Lot 7, Block 23, and Lot 1, Block 24, of Brown’s Addition, in the Southeast Quarter (SE ¼) of Section 28, Township 111 North, Range 56 West of the 5th Principal Meridian, City of De Smet, Kingsbury County, South Dakota, has been presented to the City of De Smet, pursuant to SDCL 9-45-7; and WHEREAS publication of a Notice of Hearing on the proposed vacation has been given and a hearing held and evidence and testimony presented; and WHEREAS the Petition and the evidence and testimony presented evidenced a necessary and compelling basis for vacating that portion of the street described thereon; and WHEREAS it is not now open or used and never has been opened or used by the public; nor has said street been used or traveled upon as a street at any time. NOW THEREFORE BE IT HEREBY RESOLVED that the North One Hundred Sixty Five Feet (N 165’) of Ingalls Avenue, which lies between Lot 7, Block 23, and Lot 1, Block 24, of Brown’s Addition, in the Southeast Quarter (SE ¼) of Section 28, Township 111 North, Range 56 West of the 5th Principal Meridian, City of De Smet, Kingsbury County, South Dakota, is hereby declared vacated and that portion of the property as vacated shall relict back to the adjoining property. On roll call, all voting “aye”, Resolution declared PASSED and ADOPTED on the 9th day of February, 2011. CITY OF DE SMET

______ATTEST: Mayor (Seal)

______City Finance Officer CERTIFICATION I, Eileen Wolkow, Finance Officer of the City of De Smet, Kingsbury County, South Dakota, hereby CERTIFY that the above RESOLUTION is a true and correct transcript of that Resolution adopted on February 9, 2011, at a regular meeting of the City Council of De Smet, South Dakota.

______Finance Officer