PROPOSED AGENDA CITY COUNCIL REGULAR MEETING CITY HALL 23 SECOND STREET NORTHEAST WATERTOWN, SOUTH DAKOTA

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1 PROPOSED AGENDA CITY COUNCIL REGULAR MEETING CITY HALL 23 SECOND STREET NORTHEAST WATERTOWN, SOUTH DAKOTA Monday, February 4, 2013 Call to Order Prayer Pledge of Allegiance Roll Call 7:00 PM 1. Approval of consent agenda a. Approval of the minutes of the Council meetings held on January 22, 2012 b. Authorization to write off uncollectible ambulance accounts receivable in the amount of $10, c. Approval of business license applications for James Stimson as a Pipe Layer ($250), Dan Davis as a Pipe Layer ($250), Ekern Plumbing, Heating and Air for Gas Fitter Contractor ($250), and David Ekern as a Gas Fitter ($50) d. Acknowledge notice of intent to conduct raffles by the Lake Area Zoological Society and Watertown Fraternal Order of Police e. Approval of applications for abatement/refund of property taxes as recommended by the Codington County Director of Equilization (tax exempt property, elderly freeze, entry error) f. Approval of bills & payroll and authorization to pay 2. Approval of agenda 3. Application for temporary location transfer and return of a retail (on-sale) liquor license owned by Zeus, Inc., d/b/a Second Street Station as follows: a. For the period of 5:00 PM, February 15, 2013, to 12:00 AM February 16, 2013, from 15 2 nd St. SW to 1910 West Kemp i. Public hearing ii. Council action b. For the period after 12:01 AM, February 16, 2013 from 1910 West Kemp to 15 2 nd Street SW i. Public hearing ii. Council action 4. First reading of Ordinance No amending zoning district boundaries by zoning a portion of Mobil Outlot 1 to C-3 Highway Commercial District 5. First reading of Ordinance No amending zoning district boundaries by rezoning 202 and th St. SE from R-2A Single Family Attached Residential District to R-3 Multi-Family Residential District 6. First reading of Ordinance No amending zoning district boundaries by zoning Hosanna Church Addition located in the 1500 Block of 14 th Ave. NE to R-1 Single Family Residential District 7. Consideration to provide local match funds not to exceed $5,000 for a Watertown Transit Bus Grant

2 8. Consideration of bids received for the Phosphorus Removal Facility Project 9. Old Business 10. New Business 11. Liaison member reports 12. Executive Session pursuant to SDCL 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 American 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.

3 OFFICIAL PROCEEDINGS CITY COUNCIL, CITY OF WATERTOWN, SOUTH DAKOTA January 22, 2013 The City Council met in regular session at 7:00PM in the Council Chambers, City Hall, 23 2 nd St NE. Mayor Gary Williams presiding. Present upon roll call: Aldermen Wilkins, Solum, Jones, Solberg, Rieffenberger, Thorson, Buhler, Christians, Meisenheimer and Danforth. Motion by Solberg, seconded by Buhler, to approve the following items on the consent agenda: minutes of the Council Meeting held on January 7, 2013; acknowledge the notice of intent to conduct a raffle by the Vietnam Veterans of America of Northeast South Dakota; appointment of Connie Ward and Virgil Borns to the Business Improvement District Board; application of business license application for Andrew Jondahl Gas Fitter ($50) and Jordan Raml Gas Fitter ($50). Motion carried. Motion by Thorson, seconded by Rieffenberger, to approve the agenda as presented. Motion carried. This being the time scheduled for the public hearing on the proposed airport farm lease agreement of acres for a total of $49, with Todd and Loren Fleming the Mayor called for public comment. Hearing no comment from the public, motion by Christians, seconded by Wilkins, to approve the proposed farm lease agreement as proposed. Motion carried. Ordinance No adding a new section regulating the election of Council President and Council Vice- President within and for the City of Watertown was placed on its second reading and the title was read. Motion by Danforth, seconded by Solum, to approve Ordinance No as presented. Motion carried. Ordinance No adding a new section requiring a license to engage in soliciting within and for the City of Watertown was placed on its second reading and the title was read. Motion by Meisenheimer, seconded by Danforth, to approve Ordinance No as presented. Motion carried. Motion by Wilkins, seconded by Christians, to approve Resolution No establishing the fee for a soliciting license at $ Motion carried. Motion by Christians, seconded by Solum, to approve Resolution No and providing for the salaries of municipal employees for the year Motion carried. Motion by Solberg, seconded by Jones, to approve the 2013 renewal of the Policy for general liability, public officials liability, auto liability, and law enforcement liability with South Dakota Public Assurance Alliance and authorize payment in the amount of $161, Motion carried. Motion by Solberg, seconded by Wilkins, to approve the Fire Department to apply for the three HMEP grants for Hazmat training for a total of $26,000. Motion carried. Motion by Thorson, seconded by Buhler, to approve the Fire Department to apply for a Watertown Community Foundation Grant in the amount of $71,000 for the building of a Training center. Motion carried. Motion by Wilkins, seconded by Christians, to advertise for bids for two patrol cars and one utility vehicle for the Police Department. Motion carried. Motion by Solberg, seconded by Meisenheimer, to authorize the Mayor to sign an agreement with Motorola Solutions for maintenance in the amount of $14, Motion carried.

4 Motion by Christians, seconded by Danforth, to authorize the Mayor to sign an agreement with Physio Control in the amount of $20, for technical service support of Life Pak monitors. Motion carried. Motion by Danforth, seconded by Jones, to authorize the Mayor to sign agreements with First District for services related to the development and hosting of the City/County GIS website in the amount of $4,500 and for services related to monthly updates, support, and technical assistance for the GIS system in the amount of $20,070. Motion carried. Motion by Buhler, seconded by Christians, to authorize the Mayor to sign an agreement with the South Dakota Department of Transportation to allocate $81, of fuel tax funds for the Airport Fuel Farm project. Motion carried. Motion by Solberg, seconded by Rieffenberger, to authorize the Mayor to sign an agreement with American Engineering Testing for asphalt testing on the FBO ramp and hangar taxiway reconstruction project in the amount of $2, Motion carried. Motion by Rieffenberger, seconded by Buhler, to authorize the Mayor to sign a Supplemental Services Agreement with Airco for the Airport. Motion carried. Street Superintendant Mike Rye presented the bid received for the sale of the 1999 Street Sweeper. Bids were opened at 1:00 PM on January 15, 2013 and are as follows: Bob Endres $12,600.00; City of Lake Preston $11,826.00; T&J Parking Lot Maintenance $11,169.79; Rustad & Associates $10,090.00; and Sweepers & Sweepers $8, Motion by Thorson, seconded by Solberg, to approve the bid from Bob Endres in the amount of $12, Motion carried. Motion by Solberg, seconded by Danforth, to convene in executive session for the purpose of discussing contract negotiations. Motion carried. Motion by Solberg, seconded by Solum, to reconvene in open session. Motion carried. Motion by Christians, seconded by Solberg, to authorize the Mayor and Finance Officer to enter into a purchase agreement with the Watertown Development Company to convey Lot 17 in the Endres Industrial Park for an economic development purpose for a price of $45, Motion carried. Motion by Danforth, seconded by Buhler, to adjourn until 7:00 PM on February 4, 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. Dated at Watertown, South Dakota, the 22 nd day of January, ATTEST: Rochelle Ebbers, CPA Finance Officer Gary Williams Mayor

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26 NOTICE OF HEARING RETAIL (on-sale) LIQUOR LICENSE Pursuant to Section of the SDCL 1967 and any amendments thereto, NOTICE IS HEREBY GIVEN, that the City Council of the City of Watertown, Codington County, South Dakota have fixed Monday, February 4, 2013, at 7:00 P.M. in City Hall, Council Chambers, 23 Second Street NE as the time and place to consider the following application for temporary transfer of an Alcoholic Beverage License to operate within the City of Watertown, SD for the current licensing period, which has been presented to the governing body and filed in the office of the Finance Officer. TRANSFER RETAIL (On-Sale) LIQUOR LICENSE For the period of 5:00 PM, February 15, 2013 to 12:00 AM February 16, 2013 From: Zeus, Inc., dba: Second Street Station, 15 2 nd St SW, Lots 1-2 less N97 & Lot 3 less N91 & all of Lot 14, Block 34, Second Railway Addn To: Zeus, Inc., dba: Second Street Station, 1910 West Kemp, W17 of Lot 60, & all of Lots 61-71, W110 of Lots 72-82, & all of Lots 83-93, Way s 4 th Lake Drive Addn. For the period after 12:01 AM, February 16, 2013 From: Zeus, Inc., dba: Second Street Station, 1910 West Kemp, W17 of Lot 60, & all of Lots 61-71, W110 of Lots 72-82, & all of Lots 83-93, Way s 4 th Lake Drive Addn. To: Zeus, Inc., dba: Second Street Station, 15 2 nd St SW, Lots 1-2 less N97 & Lot 3 less N91 & all of Lot 14, Block 34, Second Railway Addn NOTICE IS FURTHER GIVEN, that any person interested in the approval or rejection of said application may appear and be heard. At the time and place so fixed, the City Council will consider such application and all objections thereto, if any, prior to the final decision thereon. 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. Dated at Watertown, South Dakota, this 23 rd day of January, Publish: January 26, 2013 Published once at the approximate cost of Rochelle M. Ebbers, CPA Finance Officer

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31 ORDINANCE NO An Ordinance Amending Zoning District Boundaries by Zoning a portion of Mobil Outlot 1 to C-3 Highway Commercial District BE IT ORDAINED by the City of Watertown, upon examination of the Petition for Zoning of property to the City of Watertown by owner, Cole Petroleum Products, Inc., of the real property legally described as: N165 of the E132.5 of Mobile OL 1, SE1/4, Section 35-T117N-R53W of the 5 th P.M., Codington County, South Dakota. and based on the report and recommendation of the City Plan Commission in its Resolution No , that the zoning designation of said property, annexed in accordance with City Council Resolution 13-07, be established as C-3 Highway Commercial District pursuant to Watertown Revised Ordinance 21.28; and BE IT FURTHER ORDAINED that the new zoning designation referenced above include the adjacent public right-of-way. BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended. 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 No was published in the Watertown Public Opinion, the official newspaper of said City, on the 23 rd day of February, First Reading: February 4, 2013 Second Reading: February 19, 2013 Published: February 23, 2013 Effective: March 15, 2013 Rochelle M. Ebbers, CPA Attest: Rochelle M. Ebbers, CPA Finance Officer City of Watertown Gary Williams Mayor

32 Prepared by: Engineering Department City of Watertown 23 Second Street NE P.O. Box 910 Watertown, SD (605) RESOLUTION NO A Resolution for Annexing a portion of Mobil Outlot 1 to the City of Watertown, Codington County, South Dakota WHEREAS, Cole Petroleum Products, Inc., owner of real property located at st Street SW in Codington County, South Dakota, currently outside city limits and described as: N165 of the E132.5 of Mobile OL 1, SE1/4, Section 35-T117N-R53W of the 5 th P.M., Codington County, South Dakota. did petition the Mayor and the City Council of the City of Watertown, Codington County, South Dakota, to include the said property within the limits of the City, pursuant to SDCL 1967 and acts amendatory thereof; and, WHEREAS, the City Plan Commission of the City of Watertown, in its Resolution No , has recommended that the above described property be annexed into the city limits with no zoning designation and the condition that the property be platted, and that an appropriate zoning designation be assigned to said property upon recommendation of the Plan Commission and following a public hearing of the City Council; and WHEREAS, there are no legal voters residing on the said property, and the property petitioned for annexation is contiguous to the City of Watertown and should be annexed thereto. BE IT FURTHER RESOLVED that the portion of the public right-of-way adjacent to the above described property be annexed with no zoning designation. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Watertown, Codington County, South Dakota, that the petition is hereby approved and the above described property is hereby declared to be annexed to the City of Watertown, South Dakota with no zoning designation. Dated at Watertown, South Dakota this 19 th day of February, The above and foregoing Resolution was moved by adoption by Alderperson, seconded by Alderperson, and upon roll call all voted aye whereupon the Mayor declared the resolution to be duly passed and adopted. I hereby certify that Resolution No was published in the Watertown Public Opinion, the official newspaper of said City, on the 23 rd day of February, Attest: Rochelle M. Ebbers, CPA Finance Officer City of Watertown Gary Williams Mayor Page 1 of 1

33 7TH AVE SW Mobil Outlot 1 (N165' of E132.5') Cole Petroleum Products, Inc. is requesting annexation and zoning of C ST SW ST SW 715 SW 21 ST ST ST SW ST SW ST SW ST SW ST SW I-1 A-1 I-2 Terex / 1 inch = 150 feet Persona ST SW ST SW 21ST ST SW I-1 I-1

34 ORDINANCE NO An Ordinance Amending Zoning District Boundaries by Rezoning 202 and th Street SE from R-2A Single Family Attached Residential District to R-3 Multi-Family Residential District BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change Zoning by owner, Watertown Resource Center, of the real property legally described as: Lots 1 through 4, Block C, Second Railway Addition and based on the report and recommendation of the City Plan Commission in its Resolution No , that Lots 1 through 4, Block C, Second Railway Addition be, and is hereby, rezoned from the existing designation of R-2A Single Family Attached Residential District, pursuant to Watertown Revised Ordinance to R-3 Multi-Family Residential District pursuant to Watertown Revised Ordinance 21.20, BE IT FURTHER ORDAINED that the new zoning designation referenced above include all adjacent public rights-of-way. BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended. 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 No was published in the Watertown Public Opinion, the official newspaper of said City, on the 23 rd day of February, First Reading: February 4, 2013 Second Reading: February 19, 2013 Published: February 23, 2013 Effective: March 15, 2013 Attest: Rochelle M. Ebbers, CPA City of Watertown Rochelle M. Ebbers, CPA Finance Officer Gary Williams Mayor

35 602 1 AVE SE AVE SE AVE SE ST SE ST SE C ST SE ST SE ST SE R2A AVE SE R ST SE ST SE ST SE AVE SE ST SE ST SE ST SE ST SE ST SE AVE SE ST SE ST SE ST SE ST SE ST SE ST SE ST SE AVE SE AVE SE AVE SE ST SE ST SE ST SE 6TH ST SE AVE SE 2ND AVE SE AVE SE AVE SE 5TH ST SE Watertown Resource Center (Request to rezone from R-2A to R-3) 1 inch = 100 feet / ST SE 123 SE 5 ST 4TH ST SE AVE SE AVE SE AVE SE AVE SE AVE SE 3RD AVE SE ST SE AVE SE ST SE

36 ORDINANCE NO An Ordinance Amending Zoning District Boundaries by Zoning Hosanna Church Addition, located in the 1500 Block of 14 th Avenue NE, to R-1 Single Family Residential District BE IT ORDAINED by the City of Watertown, upon examination of the Petition for Zoning of property to the City of Watertown by owners, James Orris and Rick Sunvold, on behalf of Hosanna Church, of the real property legally described as: The East 686 of the South 479 of Lot 2 of Mack Estates Addition, located in the Southeast Quarter of Section 20, Township 117 north, Range 52 West of the 5 th P.M., Codington County, South Dakota. which upon platting will be known as Hosanna Church Addition. and based on the report and recommendation of the City Plan Commission in its Resolution No , that the zoning designation of said property, annexed in accordance with City Council Resolution 13-10, be established as R-1 Single Family Residential District pursuant to Watertown Revised Ordinance 21.14; and BE IT FURTHER ORDAINED that the new zoning designation referenced above include all adjacent public rights-of-way. BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended. 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 No was published in the Watertown Public Opinion, the official newspaper of said City, on the 23 rd day of February, First Reading: February 4, 2013 Second Reading: February 19, 2013 Published: February 23, 2013 Effective: March 15, 2013 Attest: Rochelle M. Ebbers, CPA City of Watertown Rochelle M. Ebbers, CPA Finance Officer Gary Williams Mayor

37 Prepared by: Engineering Department City of Watertown 23 Second Street NE P.O. Box 910 Watertown, SD (605) RESOLUTION NO A Resolution for Annexing Hosanna Church Addition, located in the 1500 Block of 14 th Avenue NE to the City of Watertown, Codington County, South Dakota WHEREAS, Petitioners, James Orris and Rick Sunvold, on behalf of Hosanna Church, the owners of real property located in the 1500 Block of 14 th Avenue NE in Codington County, South Dakota, currently outside city limits and described as: The East 686 of the South 479 of Lot 2 of Mack Estates Addition, located in the Southeast Quarter of Section 20, Township 117 north, Range 52 West of the 5 th P.M., Codington County, South Dakota. which upon platting will be known as Hosanna Church Addition. did petition the Mayor and the City Council of the City of Watertown, Codington County, South Dakota, to include the said property within the limits of the City, pursuant to SDCL 1967 and acts amendatory thereof; and, WHEREAS, the City Plan Commission of the City of Watertown, in its Resolution No , has recommended that the above described property be annexed into the city limits with no zoning designation and the condition that the property be platted, and that an appropriate zoning designation be assigned to said property upon recommendation of the Plan Commission and following a public hearing of the City Council; and WHEREAS, there are no legal voters residing on the said property, and the property petitioned for annexation is contiguous to the City of Watertown and should be annexed thereto. BE IT FURTHER RESOLVED that the portion of the public right-of-way adjacent to the above described property be annexed with no zoning designation. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Watertown, Codington County, South Dakota, that the petition is hereby approved and the above described property is hereby declared to be annexed to the City of Watertown, South Dakota with no zoning designation. Dated at Watertown, South Dakota this 19 th day of February, The above and foregoing Resolution was moved by adoption by Alderperson, seconded by Alderperson, and upon roll call all voted aye whereupon the Mayor declared the resolution to be duly passed and adopted. I hereby certify that Resolution No was published in the Watertown Public Opinion, the official newspaper of said City, on the 23 rd day of February, Attest: Rochelle M. Ebbers, CPA Finance Officer City of Watertown Gary Williams Mayor Page 1 of 1

38 15TH ST NE 20TH ST NE 13TH ST NE BIRCH AVE NE ST NE R2 C2 R2 R1 R2 R1 AG C2 R3 13TH AVE NE the East 686' of the South 479' of Lot 2 of "Mack Estate Addition" which upon platting will be known as "Hosanna Church Addition" (request for annexation and R-1 zoning) Not in City Not in City Not in City 1 inch = 250 feet / 14TH AVE NE ST NE WASHINGTON DR NE 12TH ST NE 19TH ST NE LINCOLN AVE NE 17TH ST NE 16TH ST NE

39 Bid Tabulation Sheet PHOSPHORUS REMOVAL FACILITY PROJECT Project No Friday, January 18, 2013 Contractor Total Amount Bid Security Addendum Remarks Miller Electric $195, Bond X Engelstad Electric $208, Bond X KHC Construction $268, Bond X Engineer's Estimate $200,000.00

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