COUNCIL PROCEEDINGS



COUNCIL PROCEEDINGSREGULAR MEETING FEBRUARY 04, 2013A regular meeting of the Philip City Council was held on Monday, February 4, 2013, at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse. Present were Mayor Michael Vetter, Finance Officer Monna Van Lint, Council Members Greg Arthur, Jennifer Henrie, Jason Harry, Marty Gartner, Trisha Larson, and Marion Matt. Also present were Deputy Finance Officer Brittany Smith, PWD Matt Reckling, Police Officer David Butler, Del Bartels with the Pioneer Review, Jeff McCormick with SPN & Assoc., Charles Allen, Gary Stephenson; and later, Carol Schofield.Absent: NoneMotion was made by Harry, seconded by Arthur to approve the agenda as presented. Motion carried.Motion was made by Matt, seconded by Gartner to approve the minutes of the last two meetings as published in the Pioneer Review. Motion carried.Motion was then made by Arthur, seconded by Harry to approve the payment of the bills from the appropriated funds. Motion carried.Gross Salaries – Jan. 31, 2013: Adm. - $5111.59; Police - $6085.73; Public Works - $3187.59; Street - $4945.19; Water - $2308.80 AFLACEmployee Supplemental Ins.- 01/13323.75EFTPSS.S., Medicare, Withholding- 01/134893.52SDRSEmployee Retirement- 01/132884.59Airport Improv. Projects:Kadrmas, Lee & Jackson, Inc.MIRL Const. Adm Eng. thru 12/29/121119.86Pine St. Phase III Project:Pioneer Review Bid Notice Publishing - 01/1371.48SPN & Assoc. Overlay Bid/Neg. Eng. thru 1/26/13480.00Wood/Walden Ave. Improv. Project:Pioneer ReviewBid Notice Publishing - 01/13138.02SPN & Assoc.Bid/Neg. Eng. thru 1/26/136880.00Wood Ave. Survey/Plat thru 1/26/131047.50This Month's Bills:AT&T MobilityCell Phone 12/12-01/1382.02Black Hills ChemicalSupplies – 01/1365.98Cenex Harvest StatesFuel – 01/13633.82D&T Auto Parts Supplies – 01/1354.70Dakotacare Health Ins.Employee Health Premium – 02/1311153.55Delta Dental Ins.Employee Dental Premium – 02/13688.901st Nat’l AgencyAmbulance Ins – 20132225.001st Nat’l Bank - PhilipUtility Billing – 02/13118.111st Nat’l Bank – S.F.SRF Loan #02 Pay #171 – 02/132163.90SRF Loan #03 Pay #74 – 02/13 2223.41Fitzgerald Oil Co.Fuel/Supplies/LP – 01/13892.78G&G ExcavationPump Shut Off/Risers – 01/13165.00Glock Professional, Inc.Butler Reg. Fees – 02/12195.00Golden WestTelephone/Internet12/12-01/13587.80Haakon Co. TreasurerOffice Rent– 01/13500.00Heartland Waste Mgmt, Inc.368 Residential Collection – 01/134011.20Ingram HardwareSupplies – 01/1347.34Koffler, MichaelCust. Deposit Refund – 02/13100.00Midwest Radar & Equip.PD Radar Cert. – 01/1380.00Moses Building CenterSupplies – 01/133.65Neve’s Uniforms & Equip.PD Uniforms – 01/13120.98Petersen’s VarietySupplies – 01/134.48Petty CashFiling Fees/Postage – 01/1335.50Philip Motor, Inc.Supplies – 01/1328.58Philip StandardPD Oil Chg – 01/1377.95Pioneer ReviewPublishing – 01/13481.17SD Airport ConferenceReckling/Van Lint Reg. – 02/13120.00SD Dept. of RevenueSales Tax Payable – 01/13301.01Water Coliform Testing – 01/1313.00SD Dept. of TransportationGraham Safety Conf. Reg. – 02/1350.00SD Labor Law Poster Service(3) 2013 Labor Poster Sets183.75SD One CallLocates 10-12/1211.55SD Police Chief’s Assoc.2013 Membership Dues96.09Technology CenterHard Drive – 02/13129.00Tollefson, GayAttorney Retainer – 01/13200.00Twilight, Inc.Service & Supplies – 01/1388.30USDA RD Loan Pay #98 – 02/133069.00U.S.T.I.AP Checks – 01/13257.95VISA-UMB BankCoyle/Reckling Pesticide Recert-01/13100.00WR/LJ Rural Water 2,554,000 gals. – 01/123192.50Contract Min. – 01/122500.00Airport Water – 01/1240.00South Shop Water – 01/1220.00____________________________________________________________________Total Expenditures – 02/04/13 $46,849.83Old Business: PWD Reckling updated the Council on the Lift Station wet well repairs. He noted that weather permitting, the City Engineer, Harlan Quenzer with SPN & Assoc., will be in town next week to inspect the well. He stressed that all safety precautions will be taken in order to lower one of them down the well for the inspection.Council was advised that the West River Museum property, legally described as the West 50’ of the North Half of Lot 02, Block 02, Original Town, City of Philip, SD, has been deeded to the City of Philip per the Council’s prior consent. Following the filing of said deed, a lease agreement for the maintenance of the property has been entered into with the Philip Garden Club. They will be developing the area into a park.Council reviewed a request from Demeon Brown, representing John Parsons, to extend the hangar lease for Mr. Parsons’ airplane beyond the deadline of May 30, 2013. Mr. Brown is concerned that the airplane will not be in flying order by the previous established deadline and asks that the Council continue to house the airplane until such time. In turn, he is guaranteeing that payment for the hangar lease will be made six months in advance.It was noted that the City has not had any interest in renting the space that their airplane is occupying. Following discussion, motion was made by Arthur, seconded by Matt to approve Mr. Brown’s request contingent upon receipt of the guaranteed six months of advance payments for the hangar lease. Motion carried. New Business:Wood/Walden Ave. Utility and Street Improv. Project:Jeff McCormick, engineer with SPN & Assoc., reviewed the following bids for the project, noting that the engineer’s estimate for the project is $1,320,000.00. The bids were opened at 4:00 p.m. today in the presence of the Street Committee, Mayor, and Finance Officer.MainLine Contracting, Rapid City, SD - $1,616,919.15R.C.S. Construction Inc., Rapid City, SD - $1,340,397.00Site Work Specialists Inc., Rapid City, SD - $1,495,558.35Quinn Construction Inc., Rapid City, SD - $1,563,810.00Carstensen Contracting Inc., Pipestone, MN - $1,423,134.25Highmark, Inc., Black Hawk, SD - $1,398,123.90Menning Backhoe, LLC, Mitchell, SD - $1,459,848.58Hills Material Company, Rapid City, SD - $1,729,961.05First Rate Excavate Inc., Sioux Falls, SD - $1,654,470.25Rosebud Concrete Inc., Winner, SD - $1,326,375.50Mr. McCormick reported Rosebud Concrete, Inc. is the low bidder and they have met all of the bid requirements, providing all of the necessary documentation. He voiced no concern for awarding the bid at this time, advising that the approval would need to be made contingent upon on the City’s funding agency's review and approval. Mayor Vetter pointed out that Rosebud’s bid for the curb and gutter (C&G) is $22.00 per lineal foot which is approximately 33% higher than the engineer’s estimate of $15.00 per lineal foot. The property owners were previously notified of the estimated amount so in his opinion, this needed to be addressed. He did mention that Rosebud’s bid for C&G amounts per lineal foot was within the range of the other bids received; with the lowest cost being $18.70 per lineal foot and the highest being $30.91 per lineal foot. FO Van Lint reminded everyone that the even though the actual costs for C&G are higher than the estimate, the property owners will still only be responsible for 40% of the final costs with the City paying the remaining 60%. She noted that the property owners will be contacted in the near future with the actual costs once the bid amounts are applied to the special assessment role. Mr. McCormick confirmed that he would be updating the special assessment figures with the actual costs per the awarded bid amounts.Following review, motion was made by Gartner, seconded by Matt to approve the low bid from Rosebud Concrete Inc. in the amount of $1,326,375.50 for the Wood/Walden Ave. Utility and Street Improv. project. The bid is approved contingent upon the City’s funding agency's approval. Motion carried with all members voting aye. It was noted that the project start date will be determined at a later date.Motion was then made by Arthur, seconded by Gartner to authorize the Mayor’s signature on the Application for the Notice of Intent for General Permit for Temporary Discharges & Water Use Permit through the SD Dept. of Env. & Natural Resources for the above referenced project. Motion carried. Motion was made by Harry, seconded by Arthur to authorize the Mayor’s signature on the Application for the Notice of Intent to Obtain Coverage under the SWD General Permit for Storm Water Discharge Associated with the above referenced project’s construction activities. Application to be submitted through the SD Dept. of Env. & Natural Resources. Motion carried.Mayor Vetter brought forth the discussion of the property owner’s responsibility for the service line replacements from the back of curb to their private residences. It was noted that City policy places the responsibility on the property owner for the water service from the curb stop to the residence and from the main to residence for sewer service. In the instance of the City doing an improvement project, the City is responsible for the replacement of the water and sewer service lines from the new water and sewer mains to the back of the curb on the properties. Property owners that desire replacing any additional service line on their property, have the option to make arrangements with the awarded contractor or a contractor of their choice at their expense. Mr. McCormick stated that the sewer mains will be replaced on both N. Wood Ave. and Walden Ave. These will be replaced up to the point of the existing water service curb stop or as close to the property line as may be practical. Should the sewer service line be of good quality PVC pipe, it will be connected at that point. Mr. McCormick then advised that a new water main will also be installed on Walden Ave. in addition to the sewer main. This brings about a unique situation for one property owner, Tami Carstensen, as the connection of the water service to her property could be shortened by connecting the property to the new main. Currently her water line extends from the water main on High St. and travels downhill to the south-side of her property. The new water and sewer service could enter the east-side of her property. The Council was then questioned if they plan to follow the replacement policy for improvement projects during this project’s proposed water and sewer main replacements or if they plan to make exceptions?Mayor and Council posed questions about Carstensen’s service line; if it is metered, past reported water leaks, water flow and/or pressure complaints. In addition, would the City benefit from moving her service line and connecting to the new main on Walden Ave.?PWD Reckling stated that in his opinion, moving her service line to the main on Walden Ave. would benefit the City. This would remove an unnecessary service line connection as well as risks for uncountable water loss if the line would incur another leak. He reported that her service line has experienced at least one leak in the past that he is aware of and unfortunately, the water is not metered until it enters her home. In addition, she has not made any complaints of water flow or pressure.Council Member Arthur agreed with PWD Reckling, stating that it would be more of a benefit to the City than the property owner in this situation. It was noted that the expenses to move Carstensen’s service line would include approximately 25 to 30 feet of new water line. The bid from Rosebud for this is $32.00/foot for one-inch water service pipe for a rough estimated cost of $900.00.Council Member Larson suggested that the City may benefit from contracting with a local contractor for this work considering the bid costs from Rosebud Concrete. Council Member Henrie mentioned and Gartner confirmed that he is in favor of the possibility of cost-sharing the expense like that of the special assessments for C&G, driveway approaches, etc. in certain circumstances such as Carstensen’s.FO Van Lint noted that Carstensen made the inquiry as she would like to be made aware of the potential costs that will be incurred to connect with her existing service line and made no mention of a favor from the City.Mayor Vetter went on to stress that the Council needs to take precautions when making these types of decisions as it will be setting precedence. If the City incurs the expenses to move her service line, it needs to be justified that it is to the benefit of the City.Following a lengthy discussion, motion was made Matt, seconded by Gartner to follow the replacement policy for improvement projects during this project’s proposed water and sewer main replacements with the exception of Carstensen’s service line. Additional information and cost-sharing options will be gathered for Carstensen’s service line. Motion carried.E. Pine St./Wray Ave. Overlay Project:Mr. McCormick went on to review the following bids for the E. Pine St./Wray Ave. Overlay project, noting that the engineer’s estimate for the project is $209,000.00. He noted that the bids were opened today in conjunction with the Wood/Walden Ave. project bids.Bituminous Paving, Inc., Ortonville, MN - $288,516.00Sacrison Paving Inc., Whitewood, SD – $259,259.59Simon Contractors of SD, Rapid City, SD - $281,129.80J&J Asphalt Company, Rapid City, SD - $217,135.10Hills Material Company, Rapid City, SD - $229,974.00Morris Inc., Pierre, SD - $267,288.00Mr. McCormick reported that J&J Asphalt is the low bidder for the project. He noted that he is not familiar with this company and advised the Council of their options for the bid. One being that they can award the bid at this time or wait until further reference checks and research on the contractor can be completed. The research would include McCormick contacting the references listed in their bid documents which were reviewed. It was noted that the majority of their work history appears to be parking lots with the exception of two streets for the City of Rapid City. Mayor Vetter questioned if anyone in the audience was familiar with the company. With no information available, he expressed his reservations for awarding the bid without doing further research on the company. He would like reassurance that the City’s tax dollars will be spent on good quality work, especially in this high traffic area. Council Member Arthur then questioned the amount of work that the contractor is responsible for prior to overlaying the street? McCormick advised that they have included 650 square yards for repairs to the existing asphalt and 50 ton of asphalt leveling course. This work will be done prior to laying asphalt as well as the concrete that will be installed at the intersection of Hone St. and Wray Ave.FO Van Lint informed the Council that they have thirty days following a bid opening to award or reject the bids. It was also noted that the City appropriated $233,000.00 for this overlay project.Following discussion, motion was made by Matt, seconded by Arthur to table the bids for the E. Pine St./Wray Ave. Overlay project at this time. The Street Committee, Engineer, and Mayor are authorized to conduct further research and review of J&J Asphalt Company and award the bid if the findings are acceptable. Motion carried with all members voting aye.Mr. McCormick confirmed that he will contact their references and report his findings to the Mayor and Street Committee in order for a decision to be made within the next thirty days. Wood/Walden Ave. and E. Pine St./Wray Ave. Projects:Motion was made by Arthur, seconded by Gartner to authorize the Mayor’s signature on the SD Dept. of Transportation application for permit to occupy right-of-way for the above referenced projects. Motion carried with all members voting aye.Council reviewed the material testing proposals from American Technical Services (ATS) for the above referenced projects. The cost estimates for the Wood/Walden Ave. project is $18,273.00 and the E. Pine St/Wray Ave. project is $5,172.00.Mr. McCormick advised the Council that the majority of the services proposed by ATS are already covered under the project’s construction engineering agreements with SPN & Assoc. The only difference is that of the asphalt plant testing, which according to McCormick would be completed if necessary and at the Council’s discretion. He is confident that ATS’s proposal is an unnecessary expense.Following review, motion was made by Gartner, seconded by Harry to decline entering into the above referenced contract proposals from ATS. Motion carried with all members voting aye.Council went on to discuss the projects’ water use consumption during construction and the fees that will be charged to the contractors. Mr. McCormick stated that his office received inquiries during the bidding of the projects for a price quote for the water consumption that will be needed to control moisture during backfilling and rolling asphalt. He advised them that they would have access to water through the bulk water station or a hydrant meter at the regular city water rate of $5.00 per 1,000 gallons. He then questioned if these are the correct fees that will be charged to the contractors, noting that the City will be responsible to pay their water supplier for all water consumption. Mayor Vetter questioned if the City charges a hook-up fee for placing a meter on a fire hydrant? PWD Reckling advised that a fee for this service has not been established in which Vetter recommended the City consider implementing a fee to cover the City personnel’s time for this work.Motion was made by Harry, seconded by Gartner to allow the contractors to either pull water from a metered hydrant and/or the bulk water station at the established water rate of $5.00 per 1,000 gallons during construction. Motion carried. Motion was made by Matt, seconded by Gartner to approve the official plat of N. Wood Ave., bisecting Tracts I and J, located in 13-1-20, Philip Acreage, Haakon County, City of Philip, SD; and, authorize the City Official’s signatures thereon. Motion carried.Mayor, Council and those in attendance thanked Mr. McCormick as he left the meeting at this time.Airport:Council reviewed the project status update for the Land Acquisition and Environmental Assessment (LA/EA); and, both the project and construction status updates for the Medium Intensity Runway Lighting (MIRL) project as prepared by Rod Senn, Airport Engineer with Kadrmas, Lee and Jackson (KLJ).The MIRL project’s final pay request to Muth Electric, Inc. was not available at this time. Council reviewed the following building permits: Cork’s – sewer repair/replacement; and, David Fitzgerald – carport.Following review, motion was made by Arthur, seconded by Harry to approve the above the building permits as presented. Motion carried. Mayor Vetter advised the Council of the opportunity for Philip to benefit from the University of North Dakota’s (UND) “Pay it Forward” program. The university will be bringing in 40 students to work on March 9th, 2013. They will provide the labor with the stipulation that the community or organization provide the materials needed to complete the project or projects. Some examples of their past projects include cleaning up areas, painting, and entertaining at nursing homes. In these instances, some of the required materials would be yard tools, paint, etc.It was suggested to appoint a steering committee for the program. They would be responsible for identifying and coordinating the local projects with the UND’s contact person. Mayor Vetter and Council Member Henrie agreed to be on the committee.The City Finance Office has contacted various groups and organizations in the community to identify projects that would benefit from this program. Some potential project ideas included the new park being established by the Philip Garden Club, the baseball/softball fields, and entertaining at the nursing home to name a few. The concern is that the majority of projects would be outdoors and with the time of year they are coming, there is no guarantee that the weather will cooperate.Mayor Vetter stated that this is an unbelievable offer and it would be hard to turn it down, but unfortunately we also need to have work for them. The possibility to move their arrival date to later in the spring or summer was mentioned. DFO Smith confirmed that she would contact their project coordinator and inquire about possibly changing the date. If they are not able to change the date, project ideas will need to be finalized in the very near future or unfortunately, we will need to decline their offer. Smith also noted that if the projects can be found, the group will need a place to stay on the evening of March 8th. She will be in contact with the school and/or churches for this accommodation.Mayor Vetter then recommended that each Council Member contact at least one community member for project ideas and report their findings to the City Finance Office by the end of the week. Council reviewed the following L/P Propane bids received this month: Jan. 21, 2013Fitzgerald Oil Company $1.29/gal. Midwest Cooperatives$1.35/gal.Departmental Reports:The quarterly Police Dept. report was presented and reviewed with Officer Butler.The monthly Street Dept. report was reviewed.The monthly Water Dept. report was reviewedCouncil was informed that the first billing using the Asyst Utility billing program is anticipated for the March 1st utility bills.Public Comments: none.In Other Business:Nominating petitions for Council positions are due by 5:00 p.m. on Feb. 22, 2013.Motion was made by Matt, seconded by Gartner to authorize Street/Sewer Supt. Coyle's attendance at the SDARWS Basic Wastewater Treatment Training, Feb. 26-28, 2013, in Spearfish. Motion carried.Motion was made by Gartner, seconded by Harry to authorize Chief Graham’s attendance at the 2013 SD Transportation Safety Conference, Mar. 6-7, 2013, in Pierre. Motion carried.Motion was made by Arthur, seconded by Gartner to authorize Officer Butler’s attendance at the Glock Armorer’s Course, Mar. 12, 2013, in Pierre. Motion carried.Motion was made by Gartner, seconded by Harry to authorize PWD Reckling & FO Van Lint’s attendance at the SD Airport Conference, Mar. 27-28, 2013, in Oacoma. Motion carried.Council will meet in Special Session- March 18, 2013, at 4:00 p.m. in the Commissioner’s Room to sit as Board of Equalization. Citizens are advised that the official PT-17 form must be filed by with the Finance Office no later than 5:00 p.m. on March 14, 2013.The next regular Council Meeting will be held on Monday, Mar. 4, 2013, at 7:00 p.m. in the Community Rm. With no further business to come before the Council, Mayor Vetter declared the meeting adjourned at 7:55 p.m./s/ Michael Vetter, MayorATTEST:/s/ Brittany Smith, Deputy Finance Officer(Published once on February 14, 2013, at approximate cost of $_________) ................
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