May 4, 2015 - Watertown, SD

Transcription

PROPOSED AGENDA
CITY COUNCIL REGULAR MEETING
CITY HALL
23 SECOND STREET NORTHEAST
WATERTOWN, SOUTH DAKOTA
Monday, May 4, 2015
6:30 PM
Call to Order
Prayer
Pledge of Allegiance
Roll Call
1. Approval of consent agenda
a. Approval of the minutes of the Council meeting held on April 20, 2015
Supporting Documentation
b. Approval to write-off uncollectible ambulance accounts receivable in the
amount of $12,778.38 Supporting Documentation
c. Approval to write-off four uncollectible accounts receivables in the amount of
$562.74 Supporting Documentation
d. Declaration of surplus property and authorization to sell at public auction or
dispose of as junk Supporting Documentation
e. Appointment of Mark Stein to the Plan Commission/Board of Adjustments
and Dan Albertsen as the Board of Adjustment alternate
f.
Approval of business license applications for Adam Cooney as a Gasfitter
($50), Tyrel Wik as a Gasfitter ($50), Allen Brudwick as a Gasfitter ($50),
and S.E.W. Enterprises, Inc. as a Sign Installer ($250) Supporting Documentation
2. Approval of agenda
3. Application for a name and location transfer of a retail (on-off sale) malt beverage
license from Rock McGillivary (inactive), 72 Paradise Drive to D&M Entertainment,
Inc. d/b/a DBA Silver City Casino, 22 9th St. SW Supporting Documentation
a. Public hearing
b. Council action
4. Proposed lease of the Airport Cold Storage Building to Travis Schleusner
a. Public hearing
b. Council action
5. First reading of Ordinance No. 15-12 adding a new Section 12.1013 defining
security guards within and for the City of Watertown Supporting Documentation
6. First reading of Ordinance No. 15-13 amending zoning district boundaries by zoning
property located between Willow Creek Drive and Highway 212 to C-3 Highway
Commercial District Supporting Documentation
7. First reading of Ordinance No. 15-14 temporarily amending zoning district
boundaries by rezoning Bramble Park Zoo from A-1 Agricultural District to C-2 Local
Commercial District Supporting Documentation
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8. First reading of Ordinance No. 15-15 amending Section 24.0703 regarding
Condominium Platting Procedures of the Revised Ordinances of the City of
Watertown
9. Authorization for Mayor to sign a Lease agreement between the City of Watertown
and Missouri River Energy Services
10. Consideration of Change Order No. 2 (final) to the contract with McLaughlin &
Schulz, Inc. decreasing the contract amount by $6,676.20
11. Authorization for the Mayor to sign the Tiger Grant Application
12. Authorization for Mayor to sign an agreement with HDR, Inc. for consulting services
in preparing the Tiger Grant Application
13. Authorization for Mayor to sign an agreement for professional services with Golf
Course Architects, LLC for design and consultant services for the golf course
improvement project in the amount of $43,200
14. Consideration of bids for the Zoo fencing project
15. Authorization for Cattails Crossing golf course to advertise for bids for a renovation
project
16. Authorization for the Upper Big Sioux Watershed Department to advertise for bids a
project to include two small dams and related constructed wetlands
17. Consideration of lease agreement with the Watertown School District and the
Watertown Youth Soccer Association Supporting Documentation
18. Old Business
19. New Business
20. Liaison member reports
21. Executive Session pursuant to SDCL 1-25-2
22. Motion to adjourn
Rochelle M. Ebbers, CPA
Finance Officer
The City of Watertown, South Dakota does not discriminate on the basis of race, color,
national origin, sex, religion, age or disability in employment or the provision of services.
ADA Compliance: The City of Watertown fully subscribes to the provisions of the
Americans with Disabilities Act. If you desire to attend this public meeting and are in need
of special accommodations, please notify the City Finance Office 24 hours prior to the
meeting so that appropriate auxiliary aids and services are available.
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Item #1a- April 20th City Council Meeting Minutes
OFFICIAL PROCEEDINGS
CITY COUNCIL, CITY OF
WATERTOWN, SOUTH DAKOTA
April 20, 2015
nd
The City Council met in regular session at 6:30 PM in the Council Chambers, City Hall, 23 2 Street NE. Mayor Steve
Thorson presiding. Present upon roll call: Aldermen Danforth, Meisenheimer, Solum, Rieffenberger, Buhler, Roby,
Tupper, Wilkins, Albertsen and Alderwoman Mantey.
Motion by Solum, seconded by Mantey, to approve the following item on the consent agenda: minutes of the
Council Meeting held on April 6, 2015 and approval of application for abatement/refund of property taxes for
record #12161 in the amount of $1,713.28. Motion carried.
Mayor Thorson added approval of Resolution No. 15-11 to Plat Turbes Addition and approval of Resolution 15-10
to Plat Root Addition, item 11 for sanitary sewer services in Kittleson’s Addition was removed. Motion by
Meisenheimer, seconded by Rieffenberger, to approve the agenda as amended. Motion carried.
Motion by Tupper, seconded by Danforth, to approve Resolution No. 15-11 for the Plat of Turbes Second Addition.
Motion carried.
This being the time scheduled for the public hearing on the name and location transfer of a retail (on-off sale) malt
beverage license from Rock McGillivary, (inactive), 72 Paradise Drive, to D& M Entertainment, d/b/a DBA Silver
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City Casino, 22 9 At. SW, Lots 1 & 2 Little River City Addition, the Mayor called for public comment, hearing no
comments, motion by Mantey, seconded by Buhler, to approve the transfer as presented. Motion by Mantey,
seconded by Buhler, to withdraw the motion to approve the transfer as presented and move the public hearing to
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the May 4 Council meeting. No action was taken.
Motion by Buhler, seconded by Albertsen, to approve Resolution No. 15-09 for the annexation of Root Addition.
Motion carried.
Ordinance No. 15-10 amending zoning district boundaries by zoning property to C-3 Highway Commercial District
was placed on its second reading and the title was read. This being the time scheduled for a public hearing on
Ordinance No. 15-10, the Mayor called for public comment. Hearing no comments from the public, motion by
Tupper, seconded by Albertsen, to approve Ordinance No. 15-10 as presented. Motion carried.
Motion by Buhler, seconded by Mantey, approving Resolution No. 15-10 for the Plat of Root Addition. Motion
carried.
Motion by Danforth, seconded by Albertsen, to approve Resolution No. 15-12 for the annexation of East Woods
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18 Addition. Motion carried.
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Ordinance No. 15-11 amending zoning district boundaries by zoning property east of 25 St. East to R-1 Single
Family Residential District was placed on its second reading and the title was read. This being the time scheduled
for a public hearing on Ordinance No. 15-11, the Mayor called for public comment. Hearing no comments from the
public, motion by Buhler, seconded by Wilkins, to approve Ordinance No. 15-11 as presented. Motion carried.
Motion by Wilkins, seconded by Tupper, authorizing the Police Department to apply for a grant from the Bureau of
Justice Assistance to replace 24 Bulletproof Vest. The grant covers half the cost of each vest. Motion carried.
Motion by Wilkins, seconded by Mantey, authorizing the Police Department to apply for a grant from the Office of
Highway Safety for radar equipment and a speed display trailer, there is a 20% local match for the grant totaling
$3,907. Motion carried.
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Motion by Tupper, seconded by Rieffenberger, authorizing the Mayor to sign a Memorandum of Understanding
with the Codington County Detention Center for ambulance services. Motion carried.
Motion by Buhler, seconded by Albertsen, authorizing the Fire Department to advertise for bids for two Turn-Key
Warning sirens. Motion carried.
Motion by Danforth, seconded by Mantey, authorizing the Parks Department to apply for a grant from the South
Dakota Department of Health West Nile Virus Prevention for an additional fogger in the amount of $14,450.
Motion carried.
Motion by Solum, seconded by Tupper, approving Shooters Bar to hold three street dances/outdoor events on
June 5, July 25 and August 22, 2015. Motion carried.
Acting City Engineer Sarah Caron presented the tabulation of bids received for the Miscellaneous Drainage
Improvements Project. Bids were opened at 10:00 AM on April 10, 2015 and are as follows: AP & Sons
Construction total bid of $143,029.23; Deutsch Excavating, LLC total bid of $113,098.80; J&J Earthworks, Inc. total
bid of $116,445.40 and Ronglien & Sons Excavating, Inc. total bid of $146,269.90. Motion by Rieffenberger,
seconded by Wilkins, to approve the bid of Deutsch Excavating, LLC in the amount of $113,098.80. Motion carried.
Motion by Rieffenberger, seconded by Danforth, authorizing the Finance Office to issue a check in the amount of
$3,500 to Springwood LTD Partnership towards the purchase of a new sign. Motion carried.
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Motion by Wilkins, seconded by Mantey, to adjourn until 6:30 PM on May 4 , 2015. Motion carried.
The City of Watertown, South Dakota does not discriminate on the basis of race, color, national origin,
sex, religion, age, or disability in employment or the provision of service.
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Dated at Watertown, South Dakota, the 20 day of April, 2015.
ATTEST:
__________________________
Rochelle Ebbers, CPA
Finance Officer
__________________________
Steve Thorson
Mayor
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Item #1b- Ambulance Write-Offs
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Item #1c- Uncollectible Accounts
Accounts Receivable Write Off List
Account
WT-0506
WT-0516
WT-0525
WT-0537
Name
David Clyatt
Lee Malcolm
Sydney Flipse
Harlen Stevenson
Amount
$ 65.00
$ 221.30
$ 226.40
$ 50.00
Invoice
Fluid Spill
Street Sign Repair
Street Sign Repair
Late Penalty on Fire Protection Services
Comments
Sent to Collections
Sent to Collections
Sent to Collections
Credit Penalty
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Item #1d- Surplus Sale Inventory
CITY OF WATERTOWN
2015 SURPLUS PROPERTY SALE
MAY 16, 2015
NO.
1
2
3
4
5
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59
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61
62
63
ITEM
Donkey shelter, 12' by 8'
Chicken Building 8' by 8'
Pigeon Building, bolted to concrete slab
3 bird egg incubators ( all may need repair)
31 Incandescent gym Light Fixtures, 300 Watt base
Precor Elliptical Exercise Machine
Detecto Physician Scale
(4) Goodyear Wrangler ATS Tires 265/70/17 Tires useable
Schumacher Instant Power Battery Jump Pack 1850
(3) plastic trunk organizers 28 x 42
(2) ATV storage trunks with blinkers
small red tool box with torch kit
(2) camera tripods for parts
(2) desk mount keyboard trays
Streamlight flashlight rechargeable
(2) 12 volt flashlight chargers
(1) 110 volt charger
Protocol Megaphone
Misc. Earbuds 2 sets
Misc. headphones 3 sets
Felt Pinnacle golf ball
Radar Detector
Nintendo DS
Kodak Easy Schare CD82 camera
Ipod 8gb
PSP charging cord
black flashlight
silver cane
Winchester hunting knife
folding knife
sunglasses and case
black TC hat
landscaping decorative glass balls
Multi tool
Axe
Tri Tronics Pro 200 G3 transmitter
Craftsman Diagnostic Tool
Gray Tool Chest with tools
Smith and Wesson handcuffs and case
leatherman tool
camo knife
aluminum cargo carrier for receiver hitch
Ironman Poster
Christmas Stocking with candles
World Trivia Challenge Game
History Documents jigsaw puzzle
9'2" Power - V Boss Rapid Tech 2 Snow Plow SN# 31282
1995 Ford F-350 End gate
Olympic 942 Chain Saw (carburetor work)
Submersible Hudromatic Pump Model #S4NXB0000
YSI Pro 20 Dissolved Oxygen Meter
(2) Orion 3 Star Benchtop pH Meter
Miscellaneous Scada equipment and cabinets, see list
(12) bailers 1.5 inch diameter
Ammonia Distillation Unit
Casio PCR-T275 Cash Register
Black Hills gold watch (from lost and found was never claimed)
DEPT
Zoo
Zoo
Zoo
Zoo
Park & Rec
WCRC
WCRC
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Police
Landfill
Landfill
Landfill
Landfill
Wastewater
Wastewater
Wastewater
Wastewater
Wastewater
Wastewater
Wastewater
Library
Library
AMOUNT
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CITY OF WATERTOWN
MAY 16, 2015
NO.
64
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1
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1
2
3
ITEM
1989 Ditch Witch 2020 Trencher
2006 Matix Treadmill Model MX T3x SN# TM940111(motor)
(4) Georgia Pacific Sofpull Paper Towel Dispensers
Stainless steel sink and faucet (fair condition)
(4) Aluminum Signal cabinets
(7) Painted yellow Aluminum Signal cabinets
(2) Super single Daton truck rims
(1) Locker Wall type
(1) Locker Wall type 12 compartment
Emerson TV SN# V42324515
(1) Tire and Rim
(1) Tire
(9) File Cabinets
Tecumseh Generator (doesn’t work)
Apex TV Model AT2708
(1) Spool wire, antennae type, black
Table, 3 shelf
(1) Steel Desks
1 Picture
DEPT
Utilities
Fire Dept.
Fire Dept.
Fire Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Street Dept.
Mayor
COMPUTERS/PRINTERS/HARDWARE
Dell Inspiron 8500 laptop
Dell Inspiron 600m laptop
Dell Inspiron 600m laptop
HP dc7600 Tower RS
HP dc7600 Tower Bldg Svcs
HP Compaq Evo D300S Tower
Dell Optiplex 170L Desktop (Library)
HP LaserJet 4L Printer
Gateway P4 Tower (Street)
Compaq S710 Monitor Model PE1123
Dell Monitor Model 828FI
Gateway 2000 Vivitron Monitor
Compaq V720 Monitor
HP DJ960c Ink Jet Printer
Mackie SR Series 4 Bus mixing Console SR24-4 VLZ Pro
harman/kardon subwoofer & satellite) Model HK395
Shure P4800 Soundplex Audio System Processor
Denon DN-780R Duall Wall Cassette Deck
Motorola Radius CP100 UHF Handheld Radios (x 5 in qty)
Replacement Lamp Bulb POA-LMP47
Wireless Lapel Mic Kit Model S1600
Rane ME15B Dual Equalizer
Dell Server
CheataHub Classic - 2040
8 Port Switch
D-Link Hub DA-808
Super Stack Dual Speed Hub
Various keyboards and mice
Konica 1312 Copier
Konica 7035 Copy Machine
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
IT
Event Center
Event Center
Event Center
Event Center
Event Center
Event Center
Event Center
Event Center
Event Center
Event Center
Police
Police
Police
Police
Police
Police
Street Dept.
Park & Rec
VEHICLES
1995 GMC Van VIN# 1GTEG25Z6SF555300
2002 Ford Condor Sterling Cargo Rear Load Garbage Truck
VIN# 49HaaDBV33DK69042
2002 EZ-GO Workhorse Serial #1549258 Gas with box
AMOUNT
Park & Rec
Landfill
Zoo
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CITY OF WATERTOWN
MAY 16, 2015
NO.
ITEM
4 1995 White Ford F-150 VIN# 2FTEF15N1SCA61478
5 1996 White Ford Crown Victoria VIN# 2FALP71W2TX182400
6
7
8
DEPT
Police
Street
AMOUNT
DEPT
AMOUNT
CITY OF WATERTOWN
MAY 16, 2015
Donated Items
NO.
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ITEM
2015 JUNK ITEMS
Hanns G Computer Monitor
HP Monitor
V7 Monitor
HP Computer
Voice Print Server
HP Computer
HP Computer
HP Computer
HP Computer
Dell Computer
Dell Computer
Dell Computer
HP Computer
HP Computer
HP Computer
HP Computer
(3) 55 gallon barrels of scrap metal
(1) 450 gallon Dumpster
(6) 300 gallon Dumpsters
(362) 95 gallon Blue Dumpsters
(2) Motorola 2 way radios
Old Turnout gear with parts missing or damaged
Transcription Pedal
To
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Watertown PD
Wastewater
Landfill
Landfill
Landfill
Zoo
Fire Dept.
IT
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Item #1f- Gasfitter Applications
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Item #1f- Sign Installer Application
APPLICATION FOR LICENSE
INSTRUCTIONS: File this application and the amount of your license fee with the City Finance Officer. All licenses, except those
issued under §12.0203 and §12.0206 expire December 31, each year, and applications for renewal should be filed with the City
Finance Office, PO Box 910, Watertown, SD 57201 before December 1st.
City of Watertown, County of Codington, State of South Dakota
To the Honorable Mayor and City Council:
Application for license to engage in the business of____HANGING SIGNS______________
at the following location ______________WATERTOWN SD._____________________________________________
For the period of ______________1 YEAR_________________
Business Name:______S.E.W. ENTERPRISE, INC.____
Fee: $
New X
250.00
Renewal
Address:___5621 HWY 12 NE
City, State, Zip:_____WILLMAR, MN. 56201____________________
Phone #: __320-382-6268 or CELL # 320-212-8240 ____________
State Sales Tax License #________DON'T HAVE JUST DO LABOR AS SUB TO PERSONA FOR INSTALLS____________
Insurance Company:___________________________________________________Policy#:_______________________________
Insurance Certificate Attached: __X__Yes ____No
Print Name of applicant
Vehicle Inventory Attached:
____Yes __X__No
SCOTT WAGAR
Signature of applicant:___________
Date:______4/24/2015 ___________
TYPES:
Yearly:
15.0402 - Pipe Layer
11.0201 - Liquor Establishment
21.8010 - Sign Installer
17.0501 - Liquid Waste Hauler
21.1006 - Mobile Home Courts
12.1502 - House Moving Business
11.0407 - Commercial Garbage Hauler
12.1001 - Security Guard Business
20.06 - Gas Fitter\Contractor
19.09 - Taxicab Company\ Driver
12.0501 - Pawn Broker\2nd Hand Dealer
For City Office Use Only:
Temporary:
12.0203 - Transient Merchant
12.0206 – Solicitation Ordinance
Applicant is hereby approved:
________________________________________________
Department Head
City Council Approved on:__________________________
________________________________________________
Finance Officer
Fee Paid $______________ Treasury Receipt No.__________________ License or Permit No.______________________________
01/2011 – revised
F:\LICENSES\BUSINESS\LICENSE APPLICATION
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Item #3- RB-3788 Transfer
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Item #4- Schleusner Airport Agreement
NOTICE OF PUBLIC HEARING
The City Council of the City of Watertown will hold a Public Hearing on May 4, 2015 @
6:30 p.m. C.S.T., in the City Council Chambers located in Watertown City Hall located
at 23 2nd Street N.E., on a proposed Lease Agreement with Travis Schleusner for property
located at the Watertown Regional Airport, Watertown, South Dakota. At that time,
interested parties will be provided a reasonable opportunity to express their views on the
proposed Lease Agreement.
This notice is provided pursuant to the requirements of S.D.C.L. §9-12-5.2.
Rochelle M. Ebbers, CPA, Finance Officer.
Published once at the approximate cost of_________
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Item #5- Ordinance 15-12
ORDINANCE NO. 15-12
AN ORDINANCE ADDING A NEW SECTION 12.1013 DEFINING A SECURITY
GUARDS WITHIN AND FOR THE CITY OF WATERTOWN
BE IT ORDAINED by the City of Watertown that a new Section 12.1013 of the Revised
Ordinances of the City of Watertown be added as follows:
12.1013: SECURITY GUARD DEFINED.
As used in this Chapter, a “Security Guard” is any person, firm, partnership or corporation
engaged in the business of protecting premises, enterprises, properties or another person, and
shall also include any person who, if not an employee, is paid to collect money or examine
personal identification as a prerequisite for the entrance into a premises that is licensed to serve
alcoholic beverages.
The above and foregoing Ordinance was moved for adoption by Alderperson ____________,
seconded by Alderperson _______________, and upon voice vote motion carried, whereupon the
Mayor declared the Ordinance duly passed and adopted.
I certify that Ordinance 15-11 was published in the Watertown Public Opinion, the official newspaper
of said City, on the ___ day of ________, 2015.
First Reading: May 4, 2015
Second Reading: May 18, 2015
Published: May 23, 2015
Effective: June 12 , 2015
City of Watertown
Attest:
_____________________________
Finance Officer
__________________________
Steve Thorson
Mayor
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ORDINANCE 15-13
An Ordinance Amending Zoning District Boundaries by Zoning Property Located between
Willow Creek Drive and Highway 212 to C-3 Highway Commercial District
BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change
Zoning by owner, Morris Family LLC, of the real property legally described as:
The Southwest Quarter of the Southeast Quarter of Section 33, T117N, R52 West of the 5th P.M.,
Codington County, South Dakota, less the following parcels: County Auditor’s Tract 1A; Lot H1; that portion of Little’s First Addition in the SW1/4 of the SE 1/4 ; and Lot H-3; all located in
the SW1/4 of the SE ¼ of Section 33, T117N, R52 West if the 5th P.M., Codington County, South
Dakota.
and based on the report and recommendation of the City Plan Commission in its Resolution
2015-13, that the property be, and is hereby, rezoned from its existing designation to C-3
Highway Commercial District pursuant to Watertown Revised Ordinance §21.28,
BE IT FURTHER ORDAINED that the new zoning designation referenced above be extended
and applied to the centerline of the adjacent public right-of-ways.
BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended.
of said City, on the ___day of ________, 2015.
Effective: June 12, 2015
City of Watertown
Attest:
_____________________________
Finance Officer
__________________________
Steve Thorson
Mayor
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Vicinity Map
Request to Zone
C-3 Highway Commercial
/
0
150
300 Feet
1 inch = 300 feet
BP
C3
WILLOW CREEK DR
AG
Property Requesting to be
Zoned C-3
R3
I1
C3
C3
C2 C3
29TH ST SE
9TH AVE SE
C3
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ORDINANCE 15-14
An Ordinance Amending Zoning District Boundaries by Rezoning Bramble Park Zoo from
A-1 Agricultural District to C-2 Local Commercial District
BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change
Zoning by owners, Watertown Parks, Recreation & Forestry Department, of the real property
legally described as:
All of Lots 1-2 of Bramble Park Addition to the City of Watertown, South Dakota and
That portion of Martins Park in the SE ¼ of Section 25 Township 117 N – R 53 W located
within the fenced in area of Exhibit “A”
and based on the report and recommendation of the City Plan Commission in its Resolution
2015-12, that the property be, and is hereby, rezoned from the existing designation of A-1
Agricultural District, pursuant to Watertown Revised Ordinance §21.12 to C-2 Local Commercial
District pursuant to Watertown Revised Ordinance §21.26,
BE IT FURTHER ORDAINED that such he zoning designation will only be effective
beginning from:
•
•
•
6:00 p.m. on Friday, June 26, 2015 to 10:30 p.m. on Friday, June 26, 2015. Whereupon
such property will automatically revert back to A-1 Agricultural District zoning without
further action by the governing body.
of said City, on the ___day of ________, 2015.
Effective: June 26, 2015, June 24, 2016, and June 23, 2017
City of Watertown
Attest:
_____________________________
Finance Officer
__________________________
Steve Thorson
Mayor
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ORDINANCE 15-15
AN ORDINANCE AMENDING SECTION 24.0703 OF THE REVISED ORDINANCES
OF THE CITY OF WATERTOWN.
BE IT ORDAINED by the City of Watertown, South Dakota that a Section 24.0703 of the Revised Ordinances
of the City of Watertown be modified as followed:
24.0703: PLAT EXEMPTIONS
This section is intended to provide exemptions to city platting rules and regulations. However, exemption of city platting
rules and regulations does not exempt the platting requirements of the register of deeds, Title Company and state law. The
following exemptions exist:
4.
Condo plats do not have to meet any requirements of this subdivision ordinance as long as land is surveyed, mapped,
or diagramed, and subdivided into sections or units and the following requirements are met. If all of the
requirements are met then the condo plat can be administratively approved. If not ALL of the requirements are met
then the condo plat must be approved separately by the Plan Commission and City Council.
a. That a Master Deed or Lease has been prepared in accordance with SDCL §43-15A-4,
b. The name of the plat must include the word “condominium” (ex: “Plat of Pine Knoll Condominium” or “Plat of
Windhaven, a Condominium”),
c. The plat cannot create public streets, alleys or dedicate any area to the public,
d. The plat cannot alter any area previously dedicated to the public, nor modify or remove any easements,
restrictions, or other encumbrances on the land.
e. The construction of the building(s) must meet the International Building Code and the International Fire Code,
f. That the primary structure meets the required setbacks of the proposed zoning designation,
The above and foregoing Ordinance was moved for adoption by Alderperson __________, seconded by
Alderperson ____________, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance
duly passed and adopted.
I certify that Ordinance 15-15 was published in the Watertown Public Opinion, the official newspaper of said
City, on the ____ day of _______, 2015.
Effective: June 12, 2015
City of Watertown
Attest:
_____________________________
Finance Officer
__________________________
Steve Thorson
Mayor
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Item #9- Missouri River Energy Services Agreement
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Item # 10- McLaughlin & Schulz Change Order
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Item #13- Herfort Norby Golf Course Agreement
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Item #14- Zoo Fencing Project Bid Tab
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Item #17- WYSA Agreement
LEASE AGREEMENT BETWEEN THE CITY OF WATERTOWN, WATERTOWN
SCHOOL DISTRICT 14-4
AND THE WATERTOWN YOUTH SOCCER ASSOCIATION
The City of Watertown (City), a municipal corporation, acting by and through its Parks, Recreation
and Forestry Board, agrees to lease to the Watertown School District 14-4 (District) and the
Watertown Youth Soccer Association (WYSA), organized under the laws of the State of South
Dakota, a specified area to operate high school soccer and a youth soccer program, subject to the
following terms and conditions:
1. Consideration. For good and valuable consideration, the City hereby leases to District and
WYSA the below described premises (“Premises”). No money actual money will exchange hands.
2. Term and Renewal. The initial term of this Agreement is from April 1, 2015 (“Effective Date”)
to March 31, 2024. Upon expiration of the initial term, District and WYSA shall have the collective
right to enter into a lease with City for the Premises for two (2) additional successive terms of ten
(10) years each. Any future lease agreements shall be under the terms and conditions mutually agreed
to by the parties at the time of renewal.
3. Premises. The Premises leased by the City to the District and WYSA are described as follows:
A portion of the SE ¼ of Section 5, Township 116, Range 52 West and
located at 1620 17th Street SE, Watertown, South Dakota
4. Surrender of Premises. District and WYSA each agree to separately surrender the Premises, or a
part thereof, in the event the demand is made by the United States government. District and WYSA
further agree to separately abandon the Premises, or a part thereof, whenever ordered to do so by a
court of law or whenever the City is ordered to terminate said agreement by an order of any court.
5. Use by District and WYSA. District and WYSA shall each separately give to City, or its
designee, a schedule of soccer functions, indicating the dates and times of usage by either the District
or WYSA. This schedule shall be provided prior to the start of the high school season each year
during the term of this agreement. In the event that scheduling changes are needed, the parties agree
that changes to the schedule will be requested, and all such requests shall be liberally granted by
City. The District will have priority for use of the fields for games and practice during the high
school soccer season.
6. Use by City. District and WYSA acknowledge and agree that the City may use the Premises when
not being used by District or WYSA.
7. Use by Others. District and WYSA acknowledges and agrees that City may allow other persons
or organizations to use the Premises, provided such use does not conflict with the approved schedule
of District or WYSA.
8. Maintenance and Utilities. City agrees to maintain and provide utilities for the Premises
throughout the term of this Agreement and neither District nor WYSA shall have any responsibility
therefore. District and WYSA agree to repair or replace any property damaged willfully by District’s
participants or WYSA's members or invitees which occurs while the Premises are in use by either
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District or WYSA. District and WYSA each separately agree, to the extent practical, to be
responsible for policing the Premises and to pick up and make ready for city collection all trash,
debris, and waste material of every nature resulting from the use of the Premises by itself or any of
their respective spectators in attendance at such Premises. District and WYSA each separately agree
to place all collected trash, recyclables, debris, and waste in a designated location for removal by the
City. District and WYSA agree to each separately promote and encourage recycling throughout the
Premises.
City agrees to provide water to the premises for the purpose of watering the playing field grass, use
in the concession stand and bathrooms. The City specifically reserves the right to restrict water
usage under this Agreement if water restrictions are placed on other water users within the City.
City agrees to provide electrical services for lighting and the concession stand.
City shall strive to maintain the Premises and all improvements in a state of high quality. City shall
be responsible for all maintenance of structures, fences, and non-advertising signage including the
on-going maintenance and cleaning of any permanent and temporary restroom facilities. City shall
winterize the concession stand and bathrooms at the end of the fall season. The City will mark the
field lines prior to the start of the high school season and in the spring prior to the start of spring
soccer and such other times as the parties agree.
9. Mowing and Landscape Maintenance. City shall be responsible for all mowing and landscape
maintenance throughout the entire Premises, including mowing, fertilizing, and weed control.
Playing fields shall be mowed on a regular basis during the soccer season in accordance with good
and customary playing field maintenance practices. City will provide herbicide as it determines
appropriate.
10. Construction. The parties anticipate that throughout the term of this Agreement, District or
WYSA may construct permanent improvements on the Premises. The parties acknowledge that any
permanent improvements to be placed on the Premises shall have prior approval from the City and
shall meet all applicable City codes and ordinances. District and WYSA will each separately be
responsible for obtaining all necessary permits and approvals for such improvements. Any
construction of buildings or any other improvements at or on the Premises, including those that may
be located in the flood plain, shall be in conformity with then existing codes of the City and subject
to the written approval of the Director of Parks, Recreation and Forestry or his designee prior to
issuance of any building permit. All improvements to the Premises constructed during any term of
this Agreement shall become property of the City.
11. Expense. City shall assume no additional expenses as a result of this Agreement or any of the
operations of District or WYSA except for those obligations described herein.
12. Termination. If District or WYSA shall dissolve, become insolvent or otherwise unable to
fulfill the terms of this Agreement, or abandon the use of the Premises for one soccer season, this
Agreement shall be terminated. Discontinuation of use of all or part of the Premises for maintenance,
repair or rehabilitation purposes of the grounds shall not be deemed as abandonment.
The parties shall have the right to terminate the Agreement upon sixty (60) days written notice in the
event of substantial failure of the other party to perform in accordance with the Agreement’s terms.
Notwithstanding this provision, the Agreement will not be terminated for substantial failure if the
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party receiving such notice cures such failure within thirty (30) days of the notice being sent. If the
party in breach has attempted to diligently cure the breach, to the extent such breach cannot be
reasonably cured within thirty (30) days, the other party may grant such additional time to cure as it
deems appropriate, but is under no obligation to do so.
13. Liability. District and WYSA each separately agree that the City shall be held harmless from any
and all liability arising from any operation or use under this Agreement of the described Premises by
either District or WYSA or its agents or employees or any other person using the Premises in
conjunction with District or WYSA activities, whether to person or property. District and WYSA
further separately agree to defend the City against any and all claims arising from the operation or
use under this Agreement of the described Premises by it, its agents, employees, or any other person
using the Premises in conjunction with either District or WYSA activities. At the time of execution
of this Agreement, District and WYSA agree to each separately purchase and/or maintain bodily
injury and property damage insurance for each occurrence of injury or damage in the minimum
amount of One Million Dollars ($1,000,000) with participant’s injury liability of at least Five
Hundred Thousand Dollars ($500,000). The City shall be named an additional insured in said policy
or policies and the District and WYSA shall each separately furnish to the City evidence of insurance
by a certificate of insurance of required coverage. The parties agree that the City may adjust these
insurance requirements on an annual basis and will provide written notice to both the District and
WYSA of any additional requirements for insurance required by this Section.
14. Assignment or Subletting. This Agreement shall not be assigned, nor the Premises sublet, by
either the District or WYSA except on written consent and approval of the City.
15. Concession, Advertising, and Naming Rights. District and WYSA shall each have the separate
right to operate concessions for the sale of beverages, food, programs, and other items usually sold in
the public parks in conjunction with their respective events. WYSA shall have the right to sell
advertising space on the inside of the Premises boundaries, and all revenue derived from concessions
during WYSA events and advertising shall belong to WYSA.
City shall hold all naming rights for the facilities and Premises, and any naming of fields, buildings,
improvements or areas.
16. City Authority. All matters pertaining to the terms of this Agreement shall be subject to the
jurisdiction of the Parks, Recreation and Forestry Board and its designated authorized agents
consistent with the laws of the State of South Dakota.
17. Change of Contacts and Officers. WYSA agrees to notify the Director of Parks, Recreation and
Forestry of any changes in the officers of WYSA within thirty (30) days after said change. Attached
to and incorporated by reference into the terms of this Agreement are the names and addresses of the
current office holders of WYSA.
18. Non-Discrimination. District or WYSA shall not on the grounds of race, color, sex, creed,
religion, ancestry, national origin or disability discriminate or permit discrimination against any
person or group of persons in any manner prohibited by local, state, or federal laws. District and
WYSA further agree to comply with any requirements made to enforce the foregoing which may be
required of or by the City.
19. Relationship Between the Parties. This Agreement does not create any employee/employer
relationship between the City and the District or WYSA, their agents or employees.
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20. Integration. The parties agree that this Agreement constitutes the entire understanding between
them and that there are no other oral or collateral leases or understandings of any kind or character
except those contained herein.
21. Savings Clause. Should any of portions of this Agreement be declared void, the remainder of
the Agreement shall remain in full force and effect.
22. Choice of Law. This Agreement shall be governed by the laws of the State of South Dakota and
any action to enforce the terms of this Agreement shall be venued in the Third Judicial Circuit,
Codington County, South Dakota.
Dated this _____ day of _________________, 2015.
________________________________
Steve Thorson
Mayor
ATTEST:
_____________________________________
Finance Officer
(SEAL)
WATERTOWN SCHOOL DISTRICT NO. 14-4
BY:________________________________
Tammy Rieber
President of its School Board
ATTEST:
___________________________________
Rick Hohn
Its Business Manager
WATERTOWN YOUTH
SOCCER ASSOCIATION (WYSA)
BY:____________________________________
Dan Dahl
President of Its Board
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May 4, 2015 - Watertown, SD

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