MINUTES OF REGULAR MEETING

The City Council of the City of Volga, SD, met for a regular meeting, Monday, November 7, 2011 at 6:30 PM beginning with a tour of the Volga Community Center.  The meeting convened at 7:00 PM, in the conference room of City Hall; Mayor Mary Bjerke presiding.  Members present: Keith Benson, Dave Rankin, Marty Strasburg, Ken Fideler, and Roger Anderson.  Members Absent:  Kelly Vander Wal.  Also present:  City Attorney Steven Britzman, City Administrator Steve Meyer, Fire Chief Clint Kooima, Finance Officer Nicole Rawden, Revenue Billing Specialist Melanie Hageman, Electrical Superintendent Brent Brown, Water Wastewater Operator Jon Hauge, and Kathi Granum from the Volga Tribune. 

Following the Pledge of Allegiance, Fideler moved to approve the amended agenda with the removal of executive session.  Anderson seconded the motion.  All in favor; motion carried.
 
Anderson moved to approve the minutes of the October 3, 2011 regular meeting. Strasburg seconded the motion.  All in favor; motion carried.

Fideler moved to approve the following claims and ordered them paid.  Strasburg seconded the motion. All in favor; motion carried.  Claims received after the October 3, 2011 meeting were added to this month for approval.
 
CLAIMS

Fideler made a motion to approve RESOLUTION 2011-35 A RESOLUTION ESTABLISHING CERTAIN COMMERCIAL CHARGES FOR WATER AND WASTEWATER SERVICES OF THE CITY OF VOLGA, SOUTH DAKOTA BE IT RESOLVED by the City Council of the City of Volga, South Dakota, that effective November 1, 2011, the following water and wastewater usage charges shall apply to commercial customers. Commercial Water Service. A minimum monthly base rate of Seven and 00/100 ($7.00) Dollars shall be charged for water service provided to each separate commercial unit in the City, with the monthly charge based on a rate of 80/100 Dollars ($.80) for every 1,000 gallons of usage.  Commercial Water Service – Customers Located Out of City. A minimum monthly base rate of Seven and 00/100 ($7.00) Dollars shall be charged for water service provided to each separate commercial unit, with the monthly charge based on a rate of One and 40/100 Dollars ($1.40) for every 1,000 gallons of usage.  Definition. A separate commercial unit is a single location occupied by a service designated as commercial service due to their electrical requirements.  Commercial Wastewater Service. A minimum monthly base rate of Seven and 00/100 ($7.00) Dollars shall be charged for wastewater service provided to each separate commercial unit in the City, together with a charge of One and 50/100 ($1.50) Dollars per Thousand gallons of flow multiplied by the use of water service at the location for each month.  Commercial Wastewater Service – Customers Located Out of City. A minimum monthly base rate of Seven and 00/100 ($7.00) Dollars shall be charged for wastewater service provided to each separate commercial unit, together with a charge of Two and 80/100 ($2.80) Dollars per Thousand gallons of flow multiplied by the use of water service at the location for each month.  Definition. A separate commercial unit is a single location occupied by service designated as a commercial service due to their electrical requirements.  Passed and approved this 7th day of November, 2011.  CITY OF VOLGA, SOUTH DAKOTA.  s/Mary A. Bjerke, Mayor ATTEST:  s/Nicole A. Rawden, Finance Officer .  Strasburg seconded the motion.  All in favor; motion carried.

Strasburg made a motion to approve RESOLUTION 2011-36 A RESOLUTION ESTABLISHING CERTAIN RESIDENTIAL CHARGES FOR GARBAGE SERVICES OF THE CITY OF VOLGA, SOUTH DAKOTA BE IT RESOLVED by the City Council of the City of Volga, South Dakota, that effective November 4, 2011, the following garbage charges shall apply to customers receiving garbage collection services billed through the City of Volga.  Residential Garbage Collection Service. A minimum monthly base rate of Twelve and 80/100 ($12.80) Dollars shall be charged for garbage collection service provided to each separate residential unit in the City.  Garbage collection provided by Cooks Wastepaper & Recycling shall occur every Friday with recycling service occurring on the second and fourth Friday of every month.  A garbage container will be provided to every paying customer for weekly garbage pickup.  Customers will need to provide their own recycling containers.  Residential Senior Garbage Collection Service. A minimum monthly base rate of Six and 40/100 ($6.40) Dollars shall be charged for garbage collection service provided to each separate residential senior unit in the City.  Senior garbage eligibility is defined as anyone 65 years of age or older and living alone.  Garbage collection provided by Cooks Wastepaper & Recycling shall occur every Friday with recycling service occurring on the second and fourth Friday of every month.  A garbage container will be provided to every paying customer for weekly garbage pickup.  Customers will need to provide their own recycling containers.  Passed and approved this 7th day of November, 2011.  CITY OF VOLGA, SOUTH DAKOTA.  s/Mary A. Bjerke, Mayor ATTEST:  s/Nicole A. Rawden, Finance Officer .  Benson seconded the motion.  Additional discussion was held.  On roll call:  Benson, Yes; Rankin, Yes; Strasburg, Yes; Fideler, Yes; and Anderson, Yes.  Motion carried.
 
Fideler made a motion to accept the first reading of ORDINANCE 2011-07 Supplemental Appropriations Ordinance of the City of Volga, South Dakota.  Strasburg seconded the motion.  All in favor; motion carried.

Anderson made a motion to approve RESOLUTION 2011-37 Whereas, the City of Volga desires to transfer the following budgeted funds:  Transfer of Electric Fund Retained Earnings to General Fund $100,661.35 Transfer of Water Fund Retained Earnings to General Fund $100,661.35 Transfer of Waste Water Retained Earnings to General Fund $      -0- Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health or safety and support of the municipal government and its existing public institutions; and emergency is hereby declared and said Resolution shall be effective upon passage and publication thereof.  Dated this 7th day of November, 2011.CITY OF VOLGA, SOUTH DAKOTA. s/Mary A. Bjerke, Mayor ATTEST:  s/Nicole A. Rawden, City Finance Officer.  Rankin seconded the motion.  All in favor; motion carried.

Anderson made a motion to approve application for The City of Volga/Deeders, has filed applications for renewal of a Package (off-sale) Liquor License and a Retail (on-sale) Liquor License in the premises on Lot 11 and 12, Block One, Original Plat, City of Volga, South Dakota, for a period of one year beginning on January 1, 2012.  Benson seconded the motion.  All in favor; motion carried.

Benson made a motion to approve application for The City of Volga/LBJ, LLC, DBA/Lucky Dog Casino has filed an application for renewal of Retail (on-sale) Liquor License in the premises on E 120’ Outlot “B”, Frandsen’s 4th Addition, City of Volga, South Dakota, for a period of one year beginning on January 1, 2012. Anderson seconded the motion.  All in favor; motion carried.

Strasburg made a motion to approve application for Edman Enterprises, In., DBA/Valley Mart, has filed an application for renewal of a Package (off-sale) Liquor License in the premises on the Lot 1 Exc N 140 of Block 5, Eastland Addition, City of Volga, South Dakota, for a period of one year beginning on January 1, 2012.  Anderson seconded the motion.  All in favor; motion carried.

Anderson made a motion to accept the first reading of ORDINANCE 2011-08 An Ordinance Amending Ordinance Number 95 of the City of Volga, South Dakota and Pertaining to Transient Merchants in the City of Volga, South Dakota.  Fideler seconded the motion.  All in favor; motion carried.

Fideler made a motion to approve RESOLUTION 2011-38 BE IT RESOLVED that in accordance with SDCL 35-1-5.3, prior authorization for persons to consume or blend alcoholic beverages on Friday, November 11, 2011, in the Community Center, is hereby given. All such consumption or blending shall occur during the private party Lerdal. Said property shall be considered for purposes of the Resolution to be the location of a special license and shall not constitute a public place as defined by Ordinance 145 of the City of Volga. Sale of alcohol beverages shall not be permitted at any time at the above described location. There shall be no consumption of any alcoholic beverage by any individual who is under twenty-one years of age. This permit shall commence at 12:00AM on November 11, 2011 and shall conclude at 11:59 PM on November 11, 2011.  Dated this 7th day of November, 2011 CITY OF VOLGA, SOUTH DAKOTA s/Mary A. Bjerke, Mayor, City of Volga ATTEST: s/Nicole A. Rawden, City Finance Officer.  Strasburg seconded the motion.  All in favor; motion carried.

Strasburg made a motion to approve RESOLUTION 2011-39 BE IT RESOLVED that in accordance with SDCL 35-1-5.3, prior authorization for persons to consume or blend alcoholic beverages on Saturday, November 12, 2011, in the Community Center, is hereby given. All such consumption or blending shall occur during the private party Lerdal. Said property shall be considered for purposes of the Resolution to be the location of a special license and shall not constitute a public place as defined by Ordinance 145 of the City of Volga. Sale of alcohol beverages shall not be permitted at any time at the above described location. There shall be no consumption of any alcoholic beverage by any individual who is under twenty-one years of age. This permit shall commence at 12:00AM on November 12, 2011 and shall conclude at 11:59 PM on November 12, 2011.  Dated this 7th day of November, 2011.  CITY OF VOLGA, SOUTH DAKOTA s/Mary A. Bjerke, Mayor, City of Volga ATTEST: s/Nicole A. Rawden, City Finance Officer.  Anderson seconded the motion.  All in favor; motion carried.

Anderson made a motion to approve RESOLUTION 2011-40 BE IT RESOLVED that in accordance with SDCL 35-1-5.3, prior authorization for persons to consume or blend alcoholic beverages on Saturday, November 26, 2011, in the Community Center, is hereby given. All such consumption or blending shall occur during the private party Lundin. Said property shall be considered for purposes of the Resolution to be the location of a special license and shall not constitute a public place as defined by Ordinance 145 of the City of Volga. Sale of alcohol beverages shall not be permitted at any time at the above described location. There shall be no consumption of any alcoholic beverage by any individual who is under twenty-one years of age. This permit shall commence at 12:00AM on November 26, 2011 and shall conclude at 11:59 PM on November 26, 2011.  Dated this 7th day of November, 2011.  CITY OF VOLGA, SOUTH DAKOTA s/Mary A. Bjerke, Mayor, City of Volga ATTEST: s/Nicole A. Rawden, City Finance Officer.  Benson seconded the motion.  All in favor; motion carried.

Fideler made a motion to approve RESOLUTION 2011-41 BE IT RESOLVED that in accordance with SDCL 35-1-5.3, prior authorization for persons to consume or blend alcoholic beverages on Saturday, December 3, 2011, in the Community Center, is hereby given. All such consumption or blending shall occur during the private party Meyer/Brown. Said property shall be considered for purposes of the Resolution to be the location of a special license and shall not constitute a public place as defined by Ordinance 145 of the City of Volga. Sale of alcohol beverages shall not be permitted at any time at the above described location. There shall be no consumption of any alcoholic beverage by any individual who is under twenty-one years of age. This permit shall commence at 12:00AM on December 3, 2011 and shall conclude at 11:59 PM on December 3, 2011.  Dated this 7th day of November, 2011.  CITY OF VOLGA, SOUTH DAKOTA s/Mary A. Bjerke, Mayor, City of Volga ATTEST: s/Nicole A. Rawden, City Finance Officer.  Strasburg seconded the motion.  All in favor; motion carried.

Rankin made a motion to approve A Transformer Replacement Agreement with Layne Saathoff. This Agreement is entered into by and between the City of Volga, South Dakota, a South Dakota Municipal Corporation, hereinafter referred to as “City of Volga” and Layne Saathoff. 1. The City of Volga agrees to replace the transformer serving the former Land O’ Lakes building located in Volga and owned by Layne Saathoff with a smaller transformer at no cost to Layne Saathoff.  This work is expected to be completed in the Fall of 2011. 2. The City of Volga agrees that if the electrical load on the smaller transformer installed in the Fall of 2011 increases and therefore requires a larger transformer, the City of Volga will replace this transformer with a larger transformer to meet the electrical needs of the former Land O’Lakes building.  This replacement, if necessary, will be completed at the sole expense of the City of Volga. 3. The City of Volga also agrees that if the electrical load on the other transformers serving the building require a larger transformer, the City of Volga will replace these transformers with larger transformers to meet the electrical needs of the former Land O’Lakes building.  This replacement, if necessary, will be completed at the sole expense of the City of Volga. 4. This Agreement shall be limited to an Agreement with Layne Saathoff, the current owner, and shall terminate if Layne Saathoff sells or otherwise transfers ownership of the former Land O’ Lakes building.  In other words, this Agreement is not assignable and terminates if Layne Saathoff sells or otherwise conveys the former Land O’ Lakes building.  5. This Agreement is effective upon signing by all parties and the term or duration of this Agreement is limited to a term of fifteen (15) years.  6. The parties agree to cooperate in the timing of the transformer work so that electrical service interruption is minimized. 7. This Agreement is the parties’ final and complete agreement and terminates any prior oral and written understandings as to the subject matter of this Agreement.  Each party’s obligations under this Agreement will be fully enforceable after the term ends to the full extent necessary to protect the other party.  If any term of this Agreement is held to be illegal or unenforceable by a Court of competent jurisdiction, the rest of this Agreement will remain enforceable and valid.  This Agreement was negotiated between the parties, who had the opportunity to consult with legal counsel.  This Agreement may not be modified except by a written document signed by both of the parties’ authorized representatives.  This Agreement is binding on the parties and their successors and assigns.  IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto.  Dated: November 7th, 2011CITY OF VOLGA, SOUTH DAKOTA s/Mary Bjerke, Mayor ATTEST: s/Nicole A. Rawden, Finance Officer.  Benson seconded the motion.  All in favor; motion carried.

Committee Reports were given.  The following is a list of active Volunteer Fireman and First Responders of the City of Volga:  Gene Anderson, Matt Anderson, Russell Bjerke, Clint Bohnet, Brent Brown, Roger Deibert, Don Doescher, Randy Hope, David Jacobson, Brady Klocker, Jared Knutson, Jereme Knutson, Kelly Koerlin, Clint Kooima, Lucas Lembcke, Scott Matson, Dan Nelson, Paul Nelson, Michael Nieman, Thomas Papiernik, Jammey Rawden, Travis Renkly, Jamie Russell, Jeffrey Schmit, Jesse Swier, Brian Steffensen, and Kelly Vander Wal.  Strasburg made a motion to accept Benjamin Elliott, CPA with Independent Audit Services, PC proposal of $5,000.00 to perform the City of Volga two years ended December 31, 2011 audit.  Fideler seconded the motion.  All in favor; motion carried.  Fideler made a motion to accept the South Dakota Public Assurance Alliance liability and property insurance renewal in the amount of $31,661.72.  Rankin seconded the motion.  All in favor; motion carried. 

Fiderler made a motion to adjourn at 8:50 PM.  Strasburg seconded the motion.  All in favor; motion carried.

s/Mary A. Bjerke
Mayor

s/Nicole A. Rawden
Finance Officer