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EmailJuly 14. 2010 9:24AM
Name Change
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHEHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 10-2477
NOTICE OF HEARING
IN THE MATTER OF THE CHANGE OF
NAME OF JOHN CHRISTOPHER LEE BOETTCHER,
TO ALL INTERESTED PERSONS:
NOTICE is hereby given that Janet McKenzie, the natural mother and guardian of John Christopher Lee Boettcher of Minnehaha County, South Dakota has filed her Petition for Change of Name with the Clerk of the above-entitled Court, praying for an Order changing the name of John Christopher Lee Boettcher to John Christopher Lee McKenzie and that the 26th day of July, 2010 at the hour of 1:30 o’clock P.M. of said day, or as soon thereafter as the matter can be heard, in the Circuit Courtroom, Second Judicial Circuit, Minnehaha County, South Dakota, has been and is set as the time and place when and where said petition will be heard and notice is given that any person interested in said name change may appear and show cause whey the Petition should not be granted.
Dated June 22nd, 2010.
ABOTT & ABBOTT, By:
/s/ Caryl H. Abbott
Caryl H. Abbott
Attorney for Petitioner Janet McKenzie
1401 E. Rushmore – PO Box 650
Brandon, SD 57005-0650
Phone: (605) 582-6075
C-6/30-7/21 Name Ad#1277763
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on July 1, 2010 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Mindy Hansen, Blaine Jones, and Dan Mostek. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Director of Human Resources, Dan Oakland; Police Chief Dave Kull; Building Inspector, Dave Swier; and Interim Public Works Director, Rollie Hoeke. Absent Mayor Larry Beesley.
The Council discussed the items on the agenda for the upcoming July 6, 2010 regular Council meeting. No formal action was taken.
At 6:35 p.m., having no further business, Council President Blaine Jones declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
Published once at an approximate cost of $20.22.
C-7/14 Brief Ad#1280227
Brandon
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on July 6, 2010 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Mindy Hansen, Blaine Jones and Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Attorney, Gregg Greenfield; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Clerk, Bonnie Nelson; Director of Human Resources, Dan Oakland; Police Chief Dave Kull; and Interim Public Works Director, Rollie Hoeke.
Alderman Brooks moved Alderman Mostek seconded to approve the agenda as presented. Motion carried.
Alderman Mostek moved Alderwoman Hansen seconded to approve the minutes of the June 17, 2010 briefing meeting, and the June 21, 2010 regular meeting, regular meeting. Motion carried.
Alderman Jones moved Alderman Brooks seconded to approve the following claims. Motion carried.
All Star Pro Golf, Golf Course Supplies, 134.04; Argus Leader Media, Publications, 202.39; Batteries Plus, West Nile Supplies, 119.50; Blaine’s Service, Various Dept Supplies, 563.49; Border States Electric, Water/Sewer supplies, 547.92; Brandon Valley School District, Fuel, 3,100.93; Brock White Co, Street Supplies, 497.88; Butler Machinery Company, Various Dept Supplies, 381.99; Calibre Press, Police Training, 344.00; Cardmember Services, Various Dept Supplies, 797.82; Dakota Supply Group, Sewer Supplies, 30.72; Dennis Olson, Travel Expense, 75.00; Dex Media, GC Advertising, 68.05; Division of Motor Vehicles, Park Supplies, 6.00; EnviroMaster, Golf Course Supplies, 54.71; Express Way, Police Supplies, 13.18; Farmer Brothers Coffee, Lounge Resale, 222.08; Fastenal Company, Various Dept Supplies, 1,154.44; Ferguson Waterworks, Water Meter Supplies, 9,377.47; Frisbee Plumbing & Heating, Golf Course Repairs, 165.00; Galls, Police Supplies, 73.12; Garretson Sportsmen’s Club, Police Training, 500.00; Gary La Frentz, Sewer Refund, 337.09; Geotek Engineering & Testing, Aspen Blvd Improvements, 1,750.00; Golf Solutions LLC, Pro Shop Resale, 259.00; Grainger, Sewer Supplies, 155.80; Graybar, Park Improvements, 1,411.80; Hawkins Water Treatment, Water Chemicals, 3,977.80; HD Supply Waterworks, Water Meter Supplies, 562.13; Heiman Fire Equipment, Safety Training, 480.00; Inter-Lakes Community Action, May Bus Expense, 9,206.11; Jensen Electric, Various Improvements, 13,595.29; Joe & Tammi Pearson, Sewer Refund, 1,691.39; Knudtson Collision Repair, Police Repairs, 240.00; Kramer Fence, Lift Station Repairs, 99.65; Krayco Window Treatments, Govt Bldg Repairs, 177.50; Kristi Harkin, Pool Refund, 65.00; Lacey’s Chemical Restrooms, Park/GC Rentals, 821.00; MC & R Pools, Pool Supplies, 41.83; Midwest Turf & Irrigation, Golf Course Supplies, 105.80; Minnehaha Community Water Corp, Utilities, 58.00; Mobile Communications, Golf Course Supplies, 30.00; Monick Pipe & Supply, City Admin Supply, 55.42; Myrl & Roy’s Paving, Street Supplies, 761.28; Newman Traffic Signs, Traffic Supplies, 259.27; Newton Manufacturing Company, Pro Shop Resale, 213.80; Nordstrom’s Automotive, Inspections Supplies, 238.00; Oakridge Nursery, Park Supplies, 598.49; Palisades Oil Comp, Fuel, 2,891.18; Performance Press, Pool Supplies, 271.43; Pheasantland Industries, GC Advertising, 52.95; PING, Pro Shop Resale, 166.51; Pitney Bowes, Lease Agreement, 177.00; R & L Supply, Park Supplies, 285.74; Ramada Inn, Travel Expense, 248.85; Recreation Supply Company, Pool Supplies, 379.79; Republic National Distributing, GC Resale, 1,213.10; Roskens Dakota Pizza, Comm Room Supplies, 124.00; Sanders Printing, Water Supplies, 186.15; Schonstedt Instrument Company, Water Repairs, 401.31; Schuneman Equipment, Golf Course Repairs, 385.32; Science of Solutions, Water Chemicals, 976.26; SD Dept of Rev, Water Testing, 264.00; SD Golf TV, GC Advertising, 190.00; Seal Pros Inc, McHardy Soccer Complex, 26,038.88; Second Chance Rescue Center, May calls, 303.58; Sioux Falls Networks, Professional Services, 340.00; Sioux Falls Two Way Radio, Police Supplies, 219.90; Sioux Falls Utilities, May Wastewater Agreement, 10,240.67; Sioux Valley Energy, Ice Rink Improvements, 557.61; Sioux Valley Energy, Utilities, 17,861.53; Splitrock Landscaping & Nursery, Park/Street Supplies, 1,225.00; Sprint, Utilities, 190.91; Sue’s Sparkle Service, June Cleaning Service, 300.00; Tammi Pearson, Sewer Refund, 1,011.20; Turfwerks, Golf Course Repairs, 195.40; Verizon Wireless, Utilities, 744.86; Vogel Motors, Police Repairs, 371.00; William Cushing, Pool Refund, 25.00; Wittek Golf Supply, Golf Course Supplies, 286.06; Council, June 24, 2010 Payroll, 6,801.55; Mayor, June 24, 2010 Payroll, 1,513.09; City Administration, June 24, 2010 Payroll, 2,235.95; Planning & Zoning, June 24, 2010 Payroll, 1,025.07; Safety Committee, June 24, 2010 Payroll, 138.50; Tree Board, June 24, 2010 Payroll, 83.11; Deputy Finance Officer, June 24, 2010 Payroll, 2,015.51; Police, June 24, 2010 Payroll, 15,468.50; Building Inspections, June 24, 2010 Payroll, 2,739.00; Street Department, June 24, 2010 Payroll, 5,608.24; Summer Rec, June 24, 2010 Payroll, 1,808.94; Pool, June 24, 2010 Payroll, 12,157.10; Park Department, June 24, 2010 Payroll, 6,618.81; Chamber of Commerce, June 24, 2010 Payroll, 1,104.37; Water Department, June 24, 2010 Payroll, 3,802.68; Sewer Department, June 24, 2010 Payroll, 3,199.77; Golf Course Grounds, June 24, 2010 Payroll, 7,516.57; Golf Course Lounge, June 24, 2010 Payroll, 3,701.67; Golf Course Pro Shop, June 24, 2010 Payroll, 8,502.00; Golf Course Community Room, June 24, 2010 Payroll, 2,305.05; 941 Payroll Taxes, June 24, 2010 Payroll, 24,108.10; MN Child Support Pymt Center, June 24, 2010 Payroll, 431.47; OFC/Child Support Enforcement, June 24, 2010 Payroll, 174.92; SD Retire System Supplemental, June 24, 2010 Payroll, 755.00; SD Retirement System, June Contribution, 16,588.03; TASC Flex Plan, June 24, 2010 Payroll, 1,797.47; Johnson, Rodenburg & Lauinger, June 24, 2010 Payroll, 65.00; AFLAC, Insurance-Employee Pays, 1,057.71; Delta Dental, Insurance, 1,996.60; Modern Woodman, Life Insurance, 1,174.66; TASC, Insurance Deductible, 1,120.00; Wellmark BCBS, Health Insurance, 36,349.12
Alderman Brooks moved Alderman Jones seconded to give a second reading to Ordinance #472. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Mostek moved Alderman Brooks seconded to give a second reading to Ordinance #473. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
The Golf Course Committee report was heard. Alderman Bruning moved Alderwoman Hansen seconded to accept Janet Soper’s resignation and hire Curtis Scadden at $14.00 per hour to do janitorial duties and cart mechanic work at the Golf Course, on a part time basis, starting June 30, 2010. Motion carried.
The Police and Park & Recreation Committee reports were heard. Jerry Gillespie, Skateboard Park Manager, introduced himself to the Council and gave an update on the park hours and activities.
The Administration Committee report was heard. Alderman Mostek moved Alderman Jones seconded to approve the Mayor’s appointment of Brian Heidbrink to the Tree Board. Motion carried.
The Family Leave Act was discussed. Alderman Jones moved Alderman Brooks seconded to adopt Resolution #20-10 and make the necessary changes in the Personnel Manual. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #20-10
WHEREAS, the Brandon City Council, from time to time, updates the Brandon Personnel Manual, and
WHEREAS, the Brandon City Council has found it necessary to include a Family and Medical Leave Policy in the Manual.
NOW, THEREFORE, BE IT RESOLVED, that the following be included in the Brandon Personnel Manual, titled: 6.10 Family and Medical Leave Policy.
It is the policy of the City of Brandon to comply with the Family and Medical Leave Act of 1993 (FMLA) as required by law. The purpose of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law.
In accordance with the requirements of FMLA, employees who have been employed by the city for at least 12 months and worked at least 1,250 hours during the 12 months immediately preceding the proposed beginning date of FMLA leave may receive up to 12 weeks of FMLA leave with or without pay within a 12-month period calculated back from the beginning date of the FMLA leave, only for the purpose of caring for their newborn, newly adopted, or newly placed foster child, to care for a seriously ill child, spouse, or parent, for a serious personal medical condition rendering the employee temporarily unable to work, or for certain military-related needs. The City will require certification of an employees or family member’s serious health condition. Failure to provide timely certification may result in denial of FMLA.
If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee’s available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave. FMLA leave may, in certain circumstances, be taken intermittently. Failure to return to work after FMLA leave has expired will result in termination of employment.
Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period provided that the employee continues to pay the employee portion of the premium for that insurance as required. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee’s control, the employee will be required to reimburse to the city the amount paid by the city for the employee’s health insurance premium during the leave. Except as to key level employees, employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA. For more information about FMLA leave, contact the City Director of Human Resources or the City Administrator.
Dated this 7th day of July 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #19-10 that approves the Employer Election to Adopt Automatic Enrollment Provisions for the SDRS Supplemental Retirement Plan. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #19-10
A Resolution by the City Council of the City of Brandon for the Employer Election to Adopt Automatic Enrollment Provisions For the SDRS Supplemental Retirement Plan.
WHEREAS, SDCL 313-56 offers SDRS participating employer units the opportunity to choose to add automatic enrollment provisions for the unit’s employees that are hired on or after the effective date of July 1, 2009, or that are hired on or after the date of this election, whichever may be later, to the SDRS Supplemental Retirement Plan;
WHEREAS, the City of Brandon understands and agrees to the following points:
1. The decision to become an automatic enrollment unit shall be made by the City Council of the City of Brandon;
2. The City of Brandon shall become an automatic enrollment unit as soon as notice of the Council’s decision has been delivered in writing to the SDRS system;
3. That all regular full-time employees hired on or after the effective date of this election shall be automatically enrolled in the SDRS-Supplemental Retirement Plan; That all new employee identification data will be submitted to SDRS electronically via SDRS Form E-1;
4. That twenty-five dollars per month shall be deferred to the plan from the employee’s compensation, effective with the employee’s first pay date;
5. That the SRP deferral shall continue from the effective date of hire until the employee officially provides notice to the SRP of his/her election not to participate; Special Rule for Automatic Enrollees: if the employee elects not to participate in the plan within 90 days after his or her first pay date and gives notice of that election to the plan in a manner prescribed by the SDRS Board of Trustees, the deferred compensation amount and the associated gains or losses, less federal income tax withholding, shall be refunded to the automatic enrollee within 30 days of receipt of the final contribution.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brandon shall elect to add the automatic enrollment provisions as provided under SDCL 3-13, Deferred Compensation Plan for Public Employees, and agrees to the terms and conditions as set forth by SDRS, with an effective date of July 7, 2010.
Dated this 7th day of July 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Water and Sewer and Street Committee reports were heard. A dispatching position for the Brandon Public Transit Bus Service was discussed. Alderman Jones moved Alderman Mostek seconded to authorize Inter-Lakes Community Action to proceed with the hiring process to fill the position. Motion carried.
Jon Brown, City Engineer, gave an update to the Council on the Base Flood Elevation study. He is providing the requested information to FEMA and Minnehaha County. No formal action was taken.
Inter-Lakes Community Action requested approval of the 2011 Budget and Management Agreement. Alderman Jones moved Alderman Brooks seconded to approve the Management Agreement as revised by the City Attorney with clarification in the wording of insurance coverage for the busses and authorize the City Administrator to sign the necessary documents to complete the agreement. Motion carried.
Two repair estimates for Aspen Boulevard street improvements were presented. The Council advised Jon Brown, City Engineer, to take another look at the estimates and they will discuss them again at the next Council meeting.
At 6:43 p.m. on a motion by Alderman Brooks seconded by Alderman Jones the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $150.30.
C-7/14 Min 7/6 Ad#1280251
Brandon
ORDINANCE #472
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES.
WHEREAS, effective July 1, 2010, the Legislature made changes to SDCL 35-4-79 so the City needs to revise Chapter 2–4-1 to reflect these changes.
THEREFORE BE IT ORDAINED that 2-4-1 be amended by deleting (struck through) and adding (underlined) the following:
2-4-1 PERSONS UNDER TWENTY-ONE (21) BARRED FROM ON-SALE PREMISES: EXCEPTIONS TO ORDINANCE
A. No on-sale licensee may permit any person less than twenty-one (21) years old to loiter on the licensed premises or to sell, serve, dispense or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to subdivision (4), (6), (11), (14) or (17) of SDCL §35-4-2 (as amended) may permit eighteen year olds to sell and serve or dispense alcoholic beverages if not less than fifty percent of the gross business transacted by that establishment is from the sale of food alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, “to sell and serve alcoholic beverages”, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
Legislative History:
Ordinance No. 205, §3.a, 6/3/91.
Ordinance No. 472, 08/03/10.
Dated this 7th day of July, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 21, 2010
Second Reading: July 6, 2010
Published: July 14, 2010
Effective Date: August 3, 2010
Published once at an approximate cost of $32.84.
C-7/14 Ord 472 Ad#1280254
Brandon
ORDINANCE #473
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS.
WHEREAS, the Brandon City Council has received requests for private fireworks displays beyond the dates currently in ordinance.
THEREFORE BE IT ORDAINED that 7-1-5 be amended by deleting (struck through) and adding (underlined) the following:
7-1-5 PUBLIC DISPLAY PERMITS
The Chief of Police City Council may, upon application, issue a fireworks permit to individuals, groups or organizations for organized, public fireworks displays. The permit may be for any date of the year upon such terms and conditions as established by the City Council.
Legislative History:
Ordinance No. 131, §6 SDCL 34-37-13.
Ordinance No. 473, 08/03/10.
Dated this 7th day of July, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 21, 2010
Second Reading: July 6, 2010
Published: July 14, 2010
Effective Date: August 3, 2010
Published once at an approximate cost of $24.56.
C-7/14 Ord 473 Ad#1280256
SECOG
NOTICE OF PUBLIC HEARING
The public is invited to attend a public hearing and provide comments on the first draft of the 2011-2015 Transportation Improvements Program (TIP).
The 2011-2015 TIP is a five-year plan for proposed capital and operating expenditures for public transportation including potential funding sources.
The first draft of the TIP will be reviewed at a public hearing conducted at a meeting of the Technical Advisory Committee (TAC) of the Sioux Falls Metropolitan Transportation Planning Process at 1:30 PM on Thursday, July 22, 2010, in the Board Room of the SECOG Center located at 500 N. Western Ave., Sioux Falls, SD.
The participants of the Metropolitan Planning Process include: the Cities of Sioux Falls, Brandon, Harrisburg, Tea, Hartford and Crooks, Minnehaha and Lincoln Counties, the South Eastern Council of Governments (SECOG), the South Dakota Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration.
The specific official transportation planning study area boundaries include: within Minnehaha County, the Townships of Sioux Falls, Split Rock, and Wayne; within Minnehaha County, Sections 1 thru 4 and 9 thru 36, of Benton Township; Sections 13 thru 36 of Brandon Township; Sections 13 thru 16, 21 thru 28, and 33 thru 36 of Hartford Township; Sections 2 thru 11 and 13 thru 36 of Mapelton Township; Sections 18 thru 19 and 30 thru 31 of Red Rock Township; Sections 6 thru 7, 18 thru 19, and 30 thru 31 of Valley Springs Township; and within Lincoln County, the Township of Springdale; within Lincoln County, Sections 2 thru 11 of Dayton Township; the Township of Delapre except sections 7 thru 8, 17 thru 20, and 29 thru 32, of Township 100 Range 51; Sections 1 thru 12 of LaValley Township; Sections 1 thru 4 and 12 of Perry Township.
This hearing is open to the public and anyone with an interest is encouraged to attend. If you are unable to attend the hearing, you may request a copy of the documents from SECOG at 500 N. Western Ave., Suite 100, Sioux Falls, SD 57104 or access a copy of the document at http://www.siouxfallsmpo.org/Publications.htm Additionally, you may provide written comments on the first draft of the 2011-2015 TIP until August 6, 2010. Public notice of public involvement activities and time established for public review and comments will satisfy the Program of Projects requirements of Section 5307. Parties who are hearing impaired are invited to use Relay 1-800-877-1113, extension 367-5390. Please notify Nancy or Betty at SECOG (605) 367-5390 no later than 48 hours prior to the hearing if you have special needs for which arrangements will need to be made.
Published once at an approximate cost of $39.46.
T/C-7/14 NOPH Ad#1280264
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHEHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 10-2477
NOTICE OF HEARING
IN THE MATTER OF THE CHANGE OF
NAME OF JOHN CHRISTOPHER LEE BOETTCHER,
TO ALL INTERESTED PERSONS:
NOTICE is hereby given that Janet McKenzie, the natural mother and guardian of John Christopher Lee Boettcher of Minnehaha County, South Dakota has filed her Petition for Change of Name with the Clerk of the above-entitled Court, praying for an Order changing the name of John Christopher Lee Boettcher to John Christopher Lee McKenzie and that the 26th day of July, 2010 at the hour of 1:30 o’clock P.M. of said day, or as soon thereafter as the matter can be heard, in the Circuit Courtroom, Second Judicial Circuit, Minnehaha County, South Dakota, has been and is set as the time and place when and where said petition will be heard and notice is given that any person interested in said name change may appear and show cause whey the Petition should not be granted.
Dated June 22nd, 2010.
ABOTT & ABBOTT, By:
/s/ Caryl H. Abbott
Caryl H. Abbott
Attorney for Petitioner Janet McKenzie
1401 E. Rushmore – PO Box 650
Brandon, SD 57005-0650
Phone: (605) 582-6075
C-6/30-7/21 Name Ad#1277763
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on July 1, 2010 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Mindy Hansen, Blaine Jones, and Dan Mostek. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Director of Human Resources, Dan Oakland; Police Chief Dave Kull; Building Inspector, Dave Swier; and Interim Public Works Director, Rollie Hoeke. Absent Mayor Larry Beesley.
The Council discussed the items on the agenda for the upcoming July 6, 2010 regular Council meeting. No formal action was taken.
At 6:35 p.m., having no further business, Council President Blaine Jones declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
Published once at an approximate cost of $20.22.
C-7/14 Brief Ad#1280227
Brandon
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on July 6, 2010 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Mindy Hansen, Blaine Jones and Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Attorney, Gregg Greenfield; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Clerk, Bonnie Nelson; Director of Human Resources, Dan Oakland; Police Chief Dave Kull; and Interim Public Works Director, Rollie Hoeke.
Alderman Brooks moved Alderman Mostek seconded to approve the agenda as presented. Motion carried.
Alderman Mostek moved Alderwoman Hansen seconded to approve the minutes of the June 17, 2010 briefing meeting, and the June 21, 2010 regular meeting, regular meeting. Motion carried.
Alderman Jones moved Alderman Brooks seconded to approve the following claims. Motion carried.
All Star Pro Golf, Golf Course Supplies, 134.04; Argus Leader Media, Publications, 202.39; Batteries Plus, West Nile Supplies, 119.50; Blaine’s Service, Various Dept Supplies, 563.49; Border States Electric, Water/Sewer supplies, 547.92; Brandon Valley School District, Fuel, 3,100.93; Brock White Co, Street Supplies, 497.88; Butler Machinery Company, Various Dept Supplies, 381.99; Calibre Press, Police Training, 344.00; Cardmember Services, Various Dept Supplies, 797.82; Dakota Supply Group, Sewer Supplies, 30.72; Dennis Olson, Travel Expense, 75.00; Dex Media, GC Advertising, 68.05; Division of Motor Vehicles, Park Supplies, 6.00; EnviroMaster, Golf Course Supplies, 54.71; Express Way, Police Supplies, 13.18; Farmer Brothers Coffee, Lounge Resale, 222.08; Fastenal Company, Various Dept Supplies, 1,154.44; Ferguson Waterworks, Water Meter Supplies, 9,377.47; Frisbee Plumbing & Heating, Golf Course Repairs, 165.00; Galls, Police Supplies, 73.12; Garretson Sportsmen’s Club, Police Training, 500.00; Gary La Frentz, Sewer Refund, 337.09; Geotek Engineering & Testing, Aspen Blvd Improvements, 1,750.00; Golf Solutions LLC, Pro Shop Resale, 259.00; Grainger, Sewer Supplies, 155.80; Graybar, Park Improvements, 1,411.80; Hawkins Water Treatment, Water Chemicals, 3,977.80; HD Supply Waterworks, Water Meter Supplies, 562.13; Heiman Fire Equipment, Safety Training, 480.00; Inter-Lakes Community Action, May Bus Expense, 9,206.11; Jensen Electric, Various Improvements, 13,595.29; Joe & Tammi Pearson, Sewer Refund, 1,691.39; Knudtson Collision Repair, Police Repairs, 240.00; Kramer Fence, Lift Station Repairs, 99.65; Krayco Window Treatments, Govt Bldg Repairs, 177.50; Kristi Harkin, Pool Refund, 65.00; Lacey’s Chemical Restrooms, Park/GC Rentals, 821.00; MC & R Pools, Pool Supplies, 41.83; Midwest Turf & Irrigation, Golf Course Supplies, 105.80; Minnehaha Community Water Corp, Utilities, 58.00; Mobile Communications, Golf Course Supplies, 30.00; Monick Pipe & Supply, City Admin Supply, 55.42; Myrl & Roy’s Paving, Street Supplies, 761.28; Newman Traffic Signs, Traffic Supplies, 259.27; Newton Manufacturing Company, Pro Shop Resale, 213.80; Nordstrom’s Automotive, Inspections Supplies, 238.00; Oakridge Nursery, Park Supplies, 598.49; Palisades Oil Comp, Fuel, 2,891.18; Performance Press, Pool Supplies, 271.43; Pheasantland Industries, GC Advertising, 52.95; PING, Pro Shop Resale, 166.51; Pitney Bowes, Lease Agreement, 177.00; R & L Supply, Park Supplies, 285.74; Ramada Inn, Travel Expense, 248.85; Recreation Supply Company, Pool Supplies, 379.79; Republic National Distributing, GC Resale, 1,213.10; Roskens Dakota Pizza, Comm Room Supplies, 124.00; Sanders Printing, Water Supplies, 186.15; Schonstedt Instrument Company, Water Repairs, 401.31; Schuneman Equipment, Golf Course Repairs, 385.32; Science of Solutions, Water Chemicals, 976.26; SD Dept of Rev, Water Testing, 264.00; SD Golf TV, GC Advertising, 190.00; Seal Pros Inc, McHardy Soccer Complex, 26,038.88; Second Chance Rescue Center, May calls, 303.58; Sioux Falls Networks, Professional Services, 340.00; Sioux Falls Two Way Radio, Police Supplies, 219.90; Sioux Falls Utilities, May Wastewater Agreement, 10,240.67; Sioux Valley Energy, Ice Rink Improvements, 557.61; Sioux Valley Energy, Utilities, 17,861.53; Splitrock Landscaping & Nursery, Park/Street Supplies, 1,225.00; Sprint, Utilities, 190.91; Sue’s Sparkle Service, June Cleaning Service, 300.00; Tammi Pearson, Sewer Refund, 1,011.20; Turfwerks, Golf Course Repairs, 195.40; Verizon Wireless, Utilities, 744.86; Vogel Motors, Police Repairs, 371.00; William Cushing, Pool Refund, 25.00; Wittek Golf Supply, Golf Course Supplies, 286.06; Council, June 24, 2010 Payroll, 6,801.55; Mayor, June 24, 2010 Payroll, 1,513.09; City Administration, June 24, 2010 Payroll, 2,235.95; Planning & Zoning, June 24, 2010 Payroll, 1,025.07; Safety Committee, June 24, 2010 Payroll, 138.50; Tree Board, June 24, 2010 Payroll, 83.11; Deputy Finance Officer, June 24, 2010 Payroll, 2,015.51; Police, June 24, 2010 Payroll, 15,468.50; Building Inspections, June 24, 2010 Payroll, 2,739.00; Street Department, June 24, 2010 Payroll, 5,608.24; Summer Rec, June 24, 2010 Payroll, 1,808.94; Pool, June 24, 2010 Payroll, 12,157.10; Park Department, June 24, 2010 Payroll, 6,618.81; Chamber of Commerce, June 24, 2010 Payroll, 1,104.37; Water Department, June 24, 2010 Payroll, 3,802.68; Sewer Department, June 24, 2010 Payroll, 3,199.77; Golf Course Grounds, June 24, 2010 Payroll, 7,516.57; Golf Course Lounge, June 24, 2010 Payroll, 3,701.67; Golf Course Pro Shop, June 24, 2010 Payroll, 8,502.00; Golf Course Community Room, June 24, 2010 Payroll, 2,305.05; 941 Payroll Taxes, June 24, 2010 Payroll, 24,108.10; MN Child Support Pymt Center, June 24, 2010 Payroll, 431.47; OFC/Child Support Enforcement, June 24, 2010 Payroll, 174.92; SD Retire System Supplemental, June 24, 2010 Payroll, 755.00; SD Retirement System, June Contribution, 16,588.03; TASC Flex Plan, June 24, 2010 Payroll, 1,797.47; Johnson, Rodenburg & Lauinger, June 24, 2010 Payroll, 65.00; AFLAC, Insurance-Employee Pays, 1,057.71; Delta Dental, Insurance, 1,996.60; Modern Woodman, Life Insurance, 1,174.66; TASC, Insurance Deductible, 1,120.00; Wellmark BCBS, Health Insurance, 36,349.12
Alderman Brooks moved Alderman Jones seconded to give a second reading to Ordinance #472. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Mostek moved Alderman Brooks seconded to give a second reading to Ordinance #473. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
The Golf Course Committee report was heard. Alderman Bruning moved Alderwoman Hansen seconded to accept Janet Soper’s resignation and hire Curtis Scadden at $14.00 per hour to do janitorial duties and cart mechanic work at the Golf Course, on a part time basis, starting June 30, 2010. Motion carried.
The Police and Park & Recreation Committee reports were heard. Jerry Gillespie, Skateboard Park Manager, introduced himself to the Council and gave an update on the park hours and activities.
The Administration Committee report was heard. Alderman Mostek moved Alderman Jones seconded to approve the Mayor’s appointment of Brian Heidbrink to the Tree Board. Motion carried.
The Family Leave Act was discussed. Alderman Jones moved Alderman Brooks seconded to adopt Resolution #20-10 and make the necessary changes in the Personnel Manual. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #20-10
WHEREAS, the Brandon City Council, from time to time, updates the Brandon Personnel Manual, and
WHEREAS, the Brandon City Council has found it necessary to include a Family and Medical Leave Policy in the Manual.
NOW, THEREFORE, BE IT RESOLVED, that the following be included in the Brandon Personnel Manual, titled: 6.10 Family and Medical Leave Policy.
It is the policy of the City of Brandon to comply with the Family and Medical Leave Act of 1993 (FMLA) as required by law. The purpose of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law.
In accordance with the requirements of FMLA, employees who have been employed by the city for at least 12 months and worked at least 1,250 hours during the 12 months immediately preceding the proposed beginning date of FMLA leave may receive up to 12 weeks of FMLA leave with or without pay within a 12-month period calculated back from the beginning date of the FMLA leave, only for the purpose of caring for their newborn, newly adopted, or newly placed foster child, to care for a seriously ill child, spouse, or parent, for a serious personal medical condition rendering the employee temporarily unable to work, or for certain military-related needs. The City will require certification of an employees or family member’s serious health condition. Failure to provide timely certification may result in denial of FMLA.
If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee’s available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave. FMLA leave may, in certain circumstances, be taken intermittently. Failure to return to work after FMLA leave has expired will result in termination of employment.
Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period provided that the employee continues to pay the employee portion of the premium for that insurance as required. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee’s control, the employee will be required to reimburse to the city the amount paid by the city for the employee’s health insurance premium during the leave. Except as to key level employees, employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA. For more information about FMLA leave, contact the City Director of Human Resources or the City Administrator.
Dated this 7th day of July 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #19-10 that approves the Employer Election to Adopt Automatic Enrollment Provisions for the SDRS Supplemental Retirement Plan. A roll call vote showed Brooks, Bruning, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #19-10
A Resolution by the City Council of the City of Brandon for the Employer Election to Adopt Automatic Enrollment Provisions For the SDRS Supplemental Retirement Plan.
WHEREAS, SDCL 313-56 offers SDRS participating employer units the opportunity to choose to add automatic enrollment provisions for the unit’s employees that are hired on or after the effective date of July 1, 2009, or that are hired on or after the date of this election, whichever may be later, to the SDRS Supplemental Retirement Plan;
WHEREAS, the City of Brandon understands and agrees to the following points:
1. The decision to become an automatic enrollment unit shall be made by the City Council of the City of Brandon;
2. The City of Brandon shall become an automatic enrollment unit as soon as notice of the Council’s decision has been delivered in writing to the SDRS system;
3. That all regular full-time employees hired on or after the effective date of this election shall be automatically enrolled in the SDRS-Supplemental Retirement Plan; That all new employee identification data will be submitted to SDRS electronically via SDRS Form E-1;
4. That twenty-five dollars per month shall be deferred to the plan from the employee’s compensation, effective with the employee’s first pay date;
5. That the SRP deferral shall continue from the effective date of hire until the employee officially provides notice to the SRP of his/her election not to participate; Special Rule for Automatic Enrollees: if the employee elects not to participate in the plan within 90 days after his or her first pay date and gives notice of that election to the plan in a manner prescribed by the SDRS Board of Trustees, the deferred compensation amount and the associated gains or losses, less federal income tax withholding, shall be refunded to the automatic enrollee within 30 days of receipt of the final contribution.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brandon shall elect to add the automatic enrollment provisions as provided under SDCL 3-13, Deferred Compensation Plan for Public Employees, and agrees to the terms and conditions as set forth by SDRS, with an effective date of July 7, 2010.
Dated this 7th day of July 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Water and Sewer and Street Committee reports were heard. A dispatching position for the Brandon Public Transit Bus Service was discussed. Alderman Jones moved Alderman Mostek seconded to authorize Inter-Lakes Community Action to proceed with the hiring process to fill the position. Motion carried.
Jon Brown, City Engineer, gave an update to the Council on the Base Flood Elevation study. He is providing the requested information to FEMA and Minnehaha County. No formal action was taken.
Inter-Lakes Community Action requested approval of the 2011 Budget and Management Agreement. Alderman Jones moved Alderman Brooks seconded to approve the Management Agreement as revised by the City Attorney with clarification in the wording of insurance coverage for the busses and authorize the City Administrator to sign the necessary documents to complete the agreement. Motion carried.
Two repair estimates for Aspen Boulevard street improvements were presented. The Council advised Jon Brown, City Engineer, to take another look at the estimates and they will discuss them again at the next Council meeting.
At 6:43 p.m. on a motion by Alderman Brooks seconded by Alderman Jones the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $150.30.
C-7/14 Min 7/6 Ad#1280251
Brandon
ORDINANCE #472
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES.
WHEREAS, effective July 1, 2010, the Legislature made changes to SDCL 35-4-79 so the City needs to revise Chapter 2–4-1 to reflect these changes.
THEREFORE BE IT ORDAINED that 2-4-1 be amended by deleting (struck through) and adding (underlined) the following:
2-4-1 PERSONS UNDER TWENTY-ONE (21) BARRED FROM ON-SALE PREMISES: EXCEPTIONS TO ORDINANCE
A. No on-sale licensee may permit any person less than twenty-one (21) years old to loiter on the licensed premises or to sell, serve, dispense or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to subdivision (4), (6), (11), (14) or (17) of SDCL §35-4-2 (as amended) may permit eighteen year olds to sell and serve or dispense alcoholic beverages if not less than fifty percent of the gross business transacted by that establishment is from the sale of food alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, “to sell and serve alcoholic beverages”, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
Legislative History:
Ordinance No. 205, §3.a, 6/3/91.
Ordinance No. 472, 08/03/10.
Dated this 7th day of July, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 21, 2010
Second Reading: July 6, 2010
Published: July 14, 2010
Effective Date: August 3, 2010
Published once at an approximate cost of $32.84.
C-7/14 Ord 472 Ad#1280254
Brandon
ORDINANCE #473
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS.
WHEREAS, the Brandon City Council has received requests for private fireworks displays beyond the dates currently in ordinance.
THEREFORE BE IT ORDAINED that 7-1-5 be amended by deleting (struck through) and adding (underlined) the following:
7-1-5 PUBLIC DISPLAY PERMITS
The Chief of Police City Council may, upon application, issue a fireworks permit to individuals, groups or organizations for organized, public fireworks displays. The permit may be for any date of the year upon such terms and conditions as established by the City Council.
Legislative History:
Ordinance No. 131, §6 SDCL 34-37-13.
Ordinance No. 473, 08/03/10.
Dated this 7th day of July, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 21, 2010
Second Reading: July 6, 2010
Published: July 14, 2010
Effective Date: August 3, 2010
Published once at an approximate cost of $24.56.
C-7/14 Ord 473 Ad#1280256
SECOG
NOTICE OF PUBLIC HEARING
The public is invited to attend a public hearing and provide comments on the first draft of the 2011-2015 Transportation Improvements Program (TIP).
The 2011-2015 TIP is a five-year plan for proposed capital and operating expenditures for public transportation including potential funding sources.
The first draft of the TIP will be reviewed at a public hearing conducted at a meeting of the Technical Advisory Committee (TAC) of the Sioux Falls Metropolitan Transportation Planning Process at 1:30 PM on Thursday, July 22, 2010, in the Board Room of the SECOG Center located at 500 N. Western Ave., Sioux Falls, SD.
The participants of the Metropolitan Planning Process include: the Cities of Sioux Falls, Brandon, Harrisburg, Tea, Hartford and Crooks, Minnehaha and Lincoln Counties, the South Eastern Council of Governments (SECOG), the South Dakota Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration.
The specific official transportation planning study area boundaries include: within Minnehaha County, the Townships of Sioux Falls, Split Rock, and Wayne; within Minnehaha County, Sections 1 thru 4 and 9 thru 36, of Benton Township; Sections 13 thru 36 of Brandon Township; Sections 13 thru 16, 21 thru 28, and 33 thru 36 of Hartford Township; Sections 2 thru 11 and 13 thru 36 of Mapelton Township; Sections 18 thru 19 and 30 thru 31 of Red Rock Township; Sections 6 thru 7, 18 thru 19, and 30 thru 31 of Valley Springs Township; and within Lincoln County, the Township of Springdale; within Lincoln County, Sections 2 thru 11 of Dayton Township; the Township of Delapre except sections 7 thru 8, 17 thru 20, and 29 thru 32, of Township 100 Range 51; Sections 1 thru 12 of LaValley Township; Sections 1 thru 4 and 12 of Perry Township.
This hearing is open to the public and anyone with an interest is encouraged to attend. If you are unable to attend the hearing, you may request a copy of the documents from SECOG at 500 N. Western Ave., Suite 100, Sioux Falls, SD 57104 or access a copy of the document at http://www.siouxfallsmpo.org/Publications.htm Additionally, you may provide written comments on the first draft of the 2011-2015 TIP until August 6, 2010. Public notice of public involvement activities and time established for public review and comments will satisfy the Program of Projects requirements of Section 5307. Parties who are hearing impaired are invited to use Relay 1-800-877-1113, extension 367-5390. Please notify Nancy or Betty at SECOG (605) 367-5390 no later than 48 hours prior to the hearing if you have special needs for which arrangements will need to be made.
Published once at an approximate cost of $39.46.
T/C-7/14 NOPH Ad#1280264
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