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PROPOSED AGENDA CITY COUNCIL REGULAR MEETING CITY HALL 23 SECOND STREET NORTHEAST WATERTOWN, SOUTH DAKOTA Monday, February 2, 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 January 20, 2015 b. Appointment of Mark Stein to the Board of Adjustments as an alternate c. Approval of applications for abatement/refund of property taxes as recommended by the Codington County Director of Equalization (exempt property, error, elderly freeze, property loss) d. Approval of bills & payroll and authorization to pay 2. Approval of agenda 3. Application for a new retail (on-off sale) wine license to Spies Corporation, d/b/a Cowboy Country Store #2, 509 9 th Ave SE a. Public hearing b. Council action 4. Ordinance No. 15-03 amending Section 11.0410 regulating prohibited wastes at the Watertown Regional Landfill a. Second reading b. Council action 5. First reading of Ordinance No. 15-04 amending zoning district boundaries by rezoning a portion of Willow Creek Village from R-3 Multi-Family Residential District to R-1 Single Family Residential District 6. Authorization for Mayor to sign acceptance letter for the Hazard Mitigation grant for two new early warning sirens with a 25% local match 7. Authorization for Mayor to sign the Golf Professional Agreement with Pearson Golf Management for 2015 8. Consideration of request for funding for the Veterans Memorial in the amount of $4,250 9. Consideration of bids received for the 2015 Alley Improvements and Cemetery Road projects 10. Authorization for Fire Department to apply for a Hazard Mitigation grant for one early warning siren
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PROPOSED AGENDA CITY COUNCIL REGULAR MEETING CITY …

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Page 1: PROPOSED AGENDA CITY COUNCIL REGULAR MEETING CITY …

PROPOSED AGENDA CITY COUNCIL REGULAR MEETING

CITY HALL 23 SECOND STREET NORTHEAST

WATERTOWN, SOUTH DAKOTA

Monday, February 2, 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 January 20, 2015

b. Appointment of Mark Stein to the Board of Adjustments as an alternate

c. Approval of applications for abatement/refund of property taxes as recommended by the Codington County Director of Equalization (exempt property, error, elderly freeze, property loss)

d. Approval of bills & payroll and authorization to pay

2. Approval of agenda

3. Application for a new retail (on-off sale) wine license to Spies Corporation, d/b/a Cowboy Country Store #2, 509 9th Ave SE

a. Public hearing

b. Council action

4. Ordinance No. 15-03 amending Section 11.0410 regulating prohibited wastes at the Watertown Regional Landfill

a. Second reading

b. Council action

5. First reading of Ordinance No. 15-04 amending zoning district boundaries by rezoning a portion of Willow Creek Village from R-3 Multi-Family Residential District to R-1 Single Family Residential District

6. Authorization for Mayor to sign acceptance letter for the Hazard Mitigation grant for two new early warning sirens with a 25% local match

7. Authorization for Mayor to sign the Golf Professional Agreement with Pearson Golf Management for 2015

8. Consideration of request for funding for the Veterans Memorial in the amount of $4,250

9. Consideration of bids received for the 2015 Alley Improvements and Cemetery Road projects

10. Authorization for Fire Department to apply for a Hazard Mitigation grant for one early warning siren

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11. Authorization for Fire Department to apply for a grant through the South Dakota Public Assurance Alliance Workers Compensation program for a power cot with a 40% local match

12. Authorization to advertise for bids for a Utility Tractor and Aerator for the Golf Course

13. Old Business

14. New Business

15. Liaison member reports

16. Executive Session pursuant to SDCL 1-25-2

17. 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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OFFICIAL PROCEEDINGS CITY COUNCIL, CITY OF WATERTOWN, SOUTH DAKOTA January 20, 2015 The City Council met in regular session at 6:30 PM in the Council Chambers, City Hall, 23 2nd Street NE. Mayor Steve Thorson presiding. Present upon roll call: Aldermen Danforth, Meisenheimer, Roby, Rieffenberger, Buhler, Tupper, Wilkins, Albertsen and Alderwoman Mantey. Absent was Alderman Solum. Motion by Mantey, seconded by Buhler, to approve the following item on the consent agenda: minutes of the Council Meeting held on January 5, 2015; authorization for Mayor to sign annual maintenance agreement with Grabar Voice and Data for NICE NPX Recorder in the amount of $2,590; authorization for Mayor to sign annual Household Hazardous Waste agreement with Veolia for the April 25, 2015 event and authorization for the Mayor to sign annual maintenance agreement with Motorola Solutions for the radio consoles in the amount of $15,051.36. Motion carried. Mayor Steve Thorson removed the consideration of a borrow agreement for Willow Creek Development and added Consideration of an Addendum to the FBO Agreement with Airco Aviation to the agenda. Motion by Roby, seconded by Meisenheimer, to approve the agenda as amended. Motion carried. Ordinance No. 15-02 amending Section 2.0102 regulating the permitted locations of alcoholic beverage establishments within and for the City of Watertown was placed on its second reading and the title was read. Motion by Tupper, seconded by Mantey, to approve Ordinance No. 15-02 as presented. Motion carried. Ordinance No. 15-03 amending Section 11.0410 regulating prohibited wastes at the Watertown Regional Landfill was placed on its first reading and the title was read. No action taken. Motion by Rieffenberger, seconded by Danforth, approving Resolution No. 15-04 rate schedule amendment for users of the Landfill as presented. Motion by Buhler, seconded by Rieffenberger, to amend the Resolution changing the specific dollar amount reference from Section 1 (b) and (c) for untarped materials to “any untarped materials shall be charged at twice the normal rate per ton…”. Motion carried as amended. Motion by Albertsen, seconded by Buhler, authorizing the Mayor to sign Township agreements to provide fire protections services with Elmira, Kranzburg Village, Rauville, Richland, Pelican, Kranzburg, Sheridan, Lake and Kampeska townships. Motion carried. Motion by Tupper, seconded by Mantey, authorizing the Mayor to sign an agreement for engineering services with HR Green, Inc. for the Wastewater Ultraviolet Disinfection Improvement Project not to exceed $41,000. Motion carried. Motion by Buhler, seconded by Danforth, authorizing the Mayor to sign an agreement for engineering services with Houston Engineering, Inc. for the Landfill Cell #6 Design and Site Stormwater Analysis Project in the amount of $14,600. Motion carried. Motion by Rieffenberger, seconded by Mantey, authorizing the Mayor to sign a State Water Plan Application for Kittelson Addition Sanitary Sewer Extension. Motion carried. Motion by Tupper, seconded by Albertsen, authorizing the Mayor to sign an agreement with First District for GIS Planning and Zoning Services for 2015 in the amount of $20,070. Motion carried. Motion by Meisenheimer, seconded by Roby, authorizing the Mayor to sign an agreement with First District for the GIS website for 2015 in the amount of $4,500. Motion carried.

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Item #1a- January 20, 2015 Council Minutes
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Motion by Albertsen, seconded by Mantey, authorizing the Mayor to sign the following documents for the 19th St. Urban Systems Reconstruction Project: Urban Surface Transportation Program Funding agreement, Right-of-Way Certificate, Utilities Certificate and Bid Letting Authorization. Motion carried. Motion by Roby, seconded by Tupper, authorizing the Mayor to sign an agreement for engineering services with Aason Engineering for the Sanitary Sewer Extension Project not to exceed $900. Motion carried. Motion by Danforth, seconded by Buhler, approving Amendment No. 1 to the engineering services contract with AECOM for the Wastewater Facility ArcFlash Study and SCADA Upgrades Project increasing the contract amount $8,325.14. Motion carried. Motion by Buhler, seconded by Danforth, approving Amendment No. 1 to the engineering services agreement with Houston Engineering, Inc. for the Landfill Scale Project increasing the contract amount $4,800. Motion carried. Motion by Danforth, seconded by Albertsen, approving Amendment No. 1 to the engineering services agreement with HDR for the Wastewater Alkalinity Feed Addition project increasing the contract amount $48,248. Motion carried. Motion by Mantey, seconded by Roby, approving Change Order No. 1 (Final) to the contract with K-Scale, LLC for the Landfill Weigh Scale Replacement Project decreasing the contract amount $1,000.10. Motion carried. Parks Director Jay DeLange presented the tabulation of bids received for the Golf Course golf carts. Bids were opened on January 6, 2015 at 10:00 AM and are as follows: Yamaha Golf Utility EFI carts $593.04 per cart with a total annual cost of $26,686.80 and 35.8 mpg, Carb carts $543.96 per cart with a total annual cost of $24,478.20 and 33.4 mpg; Miller & Sons Golf Carts EFI carts no bid, Carb carts $559.50 per cart with a total annual cost of $25,177.50 and 32.7 mpg and NB Golf Cars EFI carts $585.12 per cart with a total annual cost of $26,330.40 and 35.0 mpg, Carb carts no bid. Motion by Buhler, seconded by Danforth, to approve the bid from Yamaha Golf & Utility Carb carts in the amount of $543.96 per cart. Motion carried. Motion by Tupper, seconded by Rieffenberger, authorizing the Airport to advertise for bids for Airport hangars. Motion carried. Motion by Albertsen, seconded by Rieffenberger, authorizing the Engineering Department to advertise for the following bids: Sidewalk Accessibility Improvements, Uptown Alley Reconstruction (Midway Alley), Sanitary Sewer Rehabilitation Project, Summerwood Concrete Street Improvement Project, Manhole Rehabilitation Project and Miscellaneous Drainage Improvement Project. Motion carried. Motion by Danforth, seconded by Buhler, authorizing the Mayor to sign an Addendum to the Fixed Based Operator Operating Lease by modifying the monthly lease rate to the 2014 amount of $789.42 and modifying the user charges to be based on the actual net gallons of aviation fuel sold each month. Motion carried. Motion by Danforth, seconded by Tupper, to convene in executive session for the purpose of discussing contract negotiations. Motion carried. Motion by Buhler, seconded by Danforth, to reconvene in open session. Motion carried. Motion by Buhler, seconded by Danforth, authorizing the termination of the existing agreement with Dependable Sanitation effective January 31, 2015 and authorizing the Mayor to sign a new agreement with Dependable Sanitation for residential recycling services effective February 1, 2015. Motion carried. Motion by Tupper, seconded by Albertsen, authorizing the transfer of up to $10,000 from the contingency account to the Chamber of Commerce to assist in the funding of the 2015 Cookin’ on Kampeska event. Motion carried.

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Motion by Buhler, seconded by Mantey, to adjourn until 6:30 PM on February 2, 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. Dated at Watertown, South Dakota, the 20th day of January, 2015. ATTEST: __________________________ __________________________ Rochelle Ebbers, CPA Steve Thorson Finance Officer Mayor

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Item #1c- Abatements
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Item #3- Retail Wine Application
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ORDINANCE NO. 15-03

AN ORDINANCE AMENDING SECTION 11.0410 REGULATING PROHIBTED WASTES AT THE WATERTOWN REGIONAL LANDFILL

BE IT ORDAINED by the City of Watertown that Section 11.0410 (3)(e) and Section 11.0410 (4)(g) of the Revised Ordinances of the City of Watertown be deleted as follows: 3. The city landfill shall not accept the following items:

e. Petroleum contaminated soils with a concentration of over one hundred (100) parts per million of petroleum distillates or derivatives. (99-9)

4. The city landfill may accept the following special wastes for alternative disposal provided they are separated and handled according to federal, state and city rules and regulations.

g. Petroleum contaminated soils with a concentration of over one hundred (100) parts per million of petroleum distillates or derivatives. (00-5) (Ord 08-05; Rev 05-30-08)

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 15-03 was published in the Watertown Public Opinion, the official newspaper of said City, on the 7th day of February, 2015.

Rochelle M. Ebbers, CPA First Reading: January 20, 2015 Second Reading: February 2, 2015 Published: February 7, 2015 Effective: February 27, 2015 City of Watertown Attest:

__________________________

_____________________________ Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

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Item #4- Ordinance 15-03
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ORDINANCE 15-04

An Ordinance Amending Zoning District Boundaries by Rezoning a Portion of Willow

Creek Village Addition from R-3 Multi-Family Residential District to R-1 Single Family Residential District

BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change Zoning by owner, Willow Creek Development, of the real property legally described as:

Easterly approximately 35+/- feet of Lot 4 and Lots 5-8 of Willow Creek Village Addition to the Municipality of Watertown, in the County of Codington, South Dakota

and based on the report and recommendation of the City Plan Commission in its Resolution 2015-01, that the property in Willow Creek Village Addition be, and is hereby, rezoned from the existing designation of R-3 Single Family Residential District, pursuant to Watertown Revised Ordinance §21.20 to R-1 Single Family Residential District pursuant to Watertown Revised Ordinance §21.14,

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.

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 15-04 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___day of ________, 2014.

Rochelle M. Ebbers, CPA First Reading: February 2, 2015 Second Reading: February 17, 2015 Published: February 21, 2015 Effective: March 13, 2015

City of Watertown Attest: __________________________ _____________________________ Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

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Item #5- Ordinance 15-04
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R3

C3

R3

2ND AVE SE

WILLOW CREEK DR

/ 1 inch = 150 feet

Willow Creek Village AdditionRezone Request

R-3 Multi-Family Residential to R-1 Single Family Residential

0 15075 Feet

Requested Area to be Rezoned to R1

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Item #6- Siren Map
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AGREEMENT THIS AGREEMENT, made and entered into this ____day of _______________, ______ by and between the City of Watertown, acting by and through its Watertown Parks, Recreation & Forestry Board of Watertown, South Dakota, who will oversee the administration of this Agreement, hereinafter known "CITY" and Levi Pearson, d.b.a. Pearson Golf Management. L.L.C., hereinafter collectively known as "GOLF PROFESSIONAL" and is subject to the following terms and conditions: 1. Purpose. The purpose of this Agreement is to establish the terms and conditions under

which CITY shall contract with GOLF PROFESSIONAL for services at the Cattail Crossing Golf Course located at 351 South Lake Drive, Watertown, South Dakota. It is expressly acknowledged and agreed by the parties hereto that GOLF PROFESSIONAL's worker status, whether collectively or individually, is as an Independent Contractor; based on CITY's analysis utilizing IRS Form SS-8 "Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding." This Agreement is further intended to serve as evidence of GOLF PROFESSIONAL's leasehold privileges in the following legally described property:

Block I Golf Course Addition to the Municipality of Watertown Located in the NE1/4 Section 27, Tll7N R53W of the 5th P.M. Codington County. The E1/2 of the NW1/4 and the SW l/4 of the NW1/4 Section 27, T117N R53W of the 5th P.M. Government Lot 1 Section 27, T117N R53W of the 5th P.M. less the following; That part of Watertown Water Co. Outlot 1 lying in Government Lot 1; Lot 1 of Lots 1 through 6, a Subdivision of "Watertown-Lake-Kampeska Country Club Outlot #1" in Sec. 27 T117N R53W of the 5th. P.M., Codington County, South Dakota.; Lots 1 through 7 and Lot 2A of Haywoods Beach, a Subdivision of part of the Watertown Country Club Outlot 1 in Sec. 27 T117N R53W of the 5th. P.M., Codington County, South Dakota. That part of Jackson Park lying in Government Lot 1.

as required under Paragraph D of the Uniform Alcoholic Beverage License Application. 2. Term. This Agreement shall be effective for a period of one (1) year and will commence on February 2, 2015 and terminate on December 31, 2015. 3. Compensation.

A. CITY agrees to pay GOLF PROFESSIONAL nine and one-half percent (9½ %) commission on all daily green fees, punch cards, season ticket sales, cart rental sales, daily & season cart course use and driving range for 2015. It is expressly agreed by the parties that no commission shall be payable or be deemed to accrue on any amount paid or collected for applicable sales taxes.

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Item #7- Golf Course Agreement
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B. CITY agrees to pay GOLF PROFESSIONAL 95% of all net (after sales tax) revenue collected for the Recreation Division's summer youth and adult golf lesson programs and youth league monthly as revenue is received and added to commission payment. GOLF PROFESSIONAL is responsible for all associated expenses related to providing lessons and league.

C. It is further acknowledged by GOLF PROFESSIONAL that as an independent contractor, no amount will be deducted by CITY from any compensation paid for any applicable income or other withholding tax.

4. Collection and Control of Revenue. GOLF PROFESSIONAL is responsible for collecting all revenue generated by operation of the course. All revenue derived from sale of season tickets, green fees, driving range, punch cards, and rental & usage fees for power golf carts is property of CITY and shall be deposited with the Watertown Parks, Recreation & Forestry Department twice weekly during the months of April and May; and weekly during the remainder of the season. GOLF PROFESSIONAL agrees to charge these items pursuant to the "Rate Sheet" attached hereto as Exhibit A and incorporated by reference. 5. Alcohol Sales. CITY, by and through its Parks, Recreation & Forestry Board, has approved issuance of a malt beverage license to GOLF PROFESSIONAL doing business as Municipal Golf Course, to allow for the sale and consumption of malt beverages under the following terms and conditions: A. GOLF PROFESSIONAL agrees to comply with all applicable provisions of SDCL Title 35 relating to the supply, delivery, sale and consumption of alcoholic beverages; B. GOLF PROFESSIONAL acknowledges and agrees that the privilege of engaging in alcohol sales at the Clubhouse shall automatically terminate upon the happening of any of the following:

i) Upon proof of violation by GOLF PROFESSIONAL, their agents or employees of any provision of SDCL Title 35, or any rule or regulation adopted by the Secretary of Revenue as provided in SDCL Title 35, or violation of any ordinance or regulation of CITY relevant of alcoholic beverage control;

ii) Upon termination of this Agreement by either party, whether with or without cause;

C. In the event of any event giving rise to termination of the malt beverage license described herein· occurs; GOLF PROFESSIONAL thereafter agrees to immediately surrender such license to CITY accompanied by GOLF PROFESSIONAL's written request for its immediate revocation and termination. GOLF PROFESSIONAL further, to the extent permitted by law, knowingly and voluntarily relinquishes its right, pursuant to SDCL §35-2-13, to a hearing prior to such revocation and termination and hereby acknowledges this Agreement shall be provided to the Secretary of the South Dakota

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Department of Revenue as evidence of GOLF PROFESSIONAL's knowing and voluntary right to a hearing prior to termination of the malt beverage license.

D. GOLF PROFESSIONAL agrees to acquire and maintain a policy of both commercial and liquor liability insurance for the golf course holding a malt beverage license in the following amounts:

One-Million Dollars ($1,000,000.00) Single Occurrence; Two-Million Dollars ($2,000,000.00) Aggregate

GOLF PROFESSIONAL agrees that the commercial liability policy will include a property enhancement providing coverage for both money and securities in the amount of Ten-Thousand Dollars ($10,000.00) for any single occurrence. GOLF PROFESSIONAL agrees that all insurance coverage required hereunder will name CITY as an additional insured and requiring notification by the issuer to CITY immediately upon any lapse or termination of coverage. In the event any such policy of insurance is terminated or lapses, for any reason, such termination or lapse shall give rise to an immediate termination of this Agreement, without need for notice prior to such immediate termination. GOLF PROFESSIONAL shall provide CITY a copy of all certificates of insurance required under this Agreement on an annual basis.

6. Obligations of GOLF PROFESSIONAL. Throughout the terms of this Agreement GOLF PROFESSIONAL agrees to the following:

A. Hours of Operation. GOLF PROFESSIONAL agrees that the Clubhouse shall maintain the following schedule of operation:

April 1 -15 10:00 a.m. -6:00 p.m. April 16 -30 8:00 a.m. -dark May 1 -Sept. 15 Mon. -Fri. 7:00 a.m. Sat., Sun. & Holidays 6:30 a.m. -dark Sept. 16 -30 8:00 a.m. -dark Oct. 1 -??? 10:00 a.m. -dark The date of course closure shall

be determined by the Golf Superintendent who shall notify the GOLF PROFESSIONAL in writing

It is expressly agreed by CITY and GOLF PROFESSIONAL that the Clubhouse may be closed anytime the course is closed. It is further agreed that GOLF PROFESSIONAL is required to adequately staff the clubhouse to ensure timely and efficient service to all patrons. From May 1 through September I5, a minimum of two staff will be required in Clubhouse. After September 15th, and until course closure, at least one person shall be in the Clubhouse whenever the course is open.

B. GOLF PROFESSIONAL shall supervise play of Ladies' Day, Men's Day, conduct tournaments for ladies and men and assist sponsors of all invitational tournaments with one 9-hole course remaining open to the public. GOLF PROFESSSIONAL may elect to enter into a separate agreement with the Men’s and Women’s leagues to establish terms and conditions for GOLF PROFESSIONAL’s establishment of schedules of play. GOLF

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PROFESSIONAL is also encouraged to promote youth golf and offer golf etiquette classes.

C. GOLF PROFESSIONAL shall report any damage or injury to any property of CITY immediately to the Golf Course Superintendent.

D. GOLF PROFESSIONAL is responsible to keep and maintain the Clubhouse in a clean and orderly manner. For the purposes of this section, maintenance shall not be deemed to include structural repairs, or repairs to the HVAC, electrical and plumbing systems. GOLF PROFESSIONAL shall supply any needed cleaning and maintenance supplies; including, but not limited to napkins, silverware, glasses, cooking utensils, dishes, bathroom supplies, propane or natural gas and any other materials needed for food preparation. GOLF PROFESSIONAL shall pay for or provide any needed cleaning throughout the clubhouse including the food service area, food preparation area, grease trap, range and hood, and restrooms.

E. GOLF PROFESSIONAL agrees to operate the snack bar at all times when the Clubhouse is open.

F. GOLF PROFESSIONAL agrees to prohibit the consumption or possession of liquor, other than malt beverages which have been purchased on the premises.

G. GOLF PROFESSIONAL agrees to ensure all golfers register in the clubhouse before beginning play and that play be controlled in accordance with U.S.G.A practices as well as the Parks, Recreation & Forestry Board. To the extent possible GOLF PROFESSIONAL agrees to take whatever steps are reasonable and necessary to ensure all golfers proceed with play in a timely fashion.

H. GOLF PROFESSIONAL agrees to provide CITY a full and complete accounting of all operations on form provided by December 15th each year subject to verified audit.

I. GOLF PROFESSIONAL agrees to attend all meetings of the golf committee as well as the monthly meeting of the Parks, Recreation and Forestry Board during the months of April, May, June, July, August, September and October. November-March meetings are optional,

J. GOLF PROFESSIONAL agrees to open and close cart sheds to coincide with 6.A Clubhouse hours of operation.

K. GOLF PROFESSIONAL agrees to run all summer youth and adult golf lessons and youth golf league offered by the Recreation Division with CITY managing the registration of all participants and approving the fees charged. GOLF PROFESSIONAL acknowledges and agrees to employ qualified instructors meeting minimum instructor/student ratios. A financial report of all income and expenses related to the lesson and league program will be provided to the Recreation Superintendent by October 1st each year.

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L. GOLF PROFESSIONAL works with Golf Course Superintendent and meets on an as-needed basis to review operations.

M. GOLF PROFESSIONAL shall be responsible to pay for all natural and propane gas supplied to and for the clubhouse. A separate gas meter shall be installed for that purpose.

7. Obligations of CITY.

A. CITY agrees to provide a driving range, balls, baskets, ball dispenser, tokens, ball picker, as well as perform all maintenance on driving range and associated equipment. GOLF PROFESSIONAL will sell to customers tokens and will provide CITY a weekly summary of usage and revenue, based on cash register receipts. CITY will also pay the cost to clean the carpet in the clubhouse once every year.

B. CITY agrees that GOLF PROFESSIONAL be entitled to two (2) free non-assignable and non-transferable individual golfing passes.

C. CITY agrees to hire and compensate course starters/marshals and outside service staff. GOLF PROFESSIONAL will coordinate with Golf Superintendent in establishing the amount of staffing needed based on course activities and Golf Superintendent will establish duties for the outside service staff.

D. CITY agrees to provide the computer, internet hookup, bank startup fees, batch fees and transaction fees for the ACH program. CITY is not responsible to provide a printer, ink, toner, thermal paper for credit card receipts or printer paper to the GOLF PROFESSIONAL.

8. Miscellaneous.

A. The parties acknowledge that this agreement may be terminated by CITY upon fifteen (15) days written notice to GOLF PROFESSIONAL of their failure to comply with any provision of this agreement.

B. This agreement represents the entire agreement of the parties and no other terms, either written or oral, exist. C. This agreement is to be construed and governed by the laws of the State of South Dakota. D. This agreement is not assignable or transferable by either party; whether individually or collectively by Pearson Golf Management, LLC.

E. GOLF PROFESSIONAL knowingly, intelligently, and voluntarily agrees to indemnify and hold harmless the CITY, and its employees, officers and agents, in whole or in part, from any claim, loss, damages, or expenses arising as a result of any activity or service

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performed under this Agreement, whether direct or indirect, whether to person or property, and including worker compensation claims.

F. GOLF PROFESSIONAL agrees to comply with all applicable federal, state or local law and ordinance while performing the services described herein.

IN WITNESS WHEREOF THE PARTIES HAVE HEREUNTO SET HANDS CITY: GOLF PROFESSIONAL: __________________________________ _______________________________ STEVE THORSON, MAYOR LEVI PEARSON PEARSON GOLF MGMT., LLC ATTEST: ___________________________________ ROCHELLE M. EBBERS, CPA, FINANCE OFFICER (SEAL)

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Item #8- Veteran's Memorial Request For Funding
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Bid Tabulation Sheet Engineer's Estimate McLaughlin & Schulz, Inc. 2015 Alley Improvements P.O. Box 201 Project No. 1501 Marshall, MN 56258 City of Watertown, South Dakota Phone: (507) 532-6550 1/23/2015 Fax: (507) 532-9577

ITEM ITEM UNIT ITEM UNIT ITEMNo. DESCRIPTION PRICE TOTAL PRICE TOTAL1 Unclassified Excavation 110 C.Y. $ 19.00 $ 2,090.00 $ 20.00 $ 2,200.00 2 Base Course 136 Ton $ 28.00 $ 3,808.00 $ 24.00 $ 3,264.00 3 Asphalt Concrete Composite 74 Ton $ 150.00 $ 11,100.00 $ 150.00 $ 11,100.00 4 6" Concrete Sidewalk 126 S.F. $ 12.00 $ 1,512.00 $ 10.50 $ 1,323.00

BID SCHEDULE #1 TOTAL $ 18,510.00 $ 17,887.00

ITEM ITEM UNIT ITEMNo. DESCRIPTION PRICE TOTAL1 Unclassified Excavation 326 C.Y. $ 19.00 $ 6,194.00 $ 16.75 $ 5,460.50 2 Base Course 527 Ton $ 28.00 $ 14,756.00 $ 21.50 $ 11,330.50 3 Asphalt Concrete Composite 208 Ton $ 105.00 $ 21,840.00 $ 105.00 $ 21,840.00

BID SCHEDULE #2 TOTAL $ 42,790.00 $ 38,631.00

Contractor

BID SCHEDULE #1,

ESTIMATED

ESTIMATED

Cemetery Roads: Construct 10 foot wide roads with 3 inch depth asphalt surfacing and 6 inch depth gravel base.

2015 ALLEY IMPROVEMENTS

Project No. 1501-B: Construct 10 foot wide alley with 3 inch depth asphalt surfacing and 4 inch depth gravel base from 2nd Avenue South to 3rd Avenue South and between 7th Street East and 8th Street East.

QUANTITY

BID SCHEDULE #2,CEMETERY ROADS

QUANTITY

TOTAL BASE BID SCHEDULES #1 & #2 61,300.00$ $ 56,518.00

Bid Assurance 10% Bid Bond

Bid Schedule #2 Total and Total Base Bid Schedules #1 & #2 have been corrected. Remarks & Corrections

Bid Tab

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Typewritten Text
Item #9- Cemetery Project Bid Tab