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BRANDON CITY COUNCIL AGENDA Council Chambers – 308 S. Main July6, 2020 6:00 p.m. 1. Call to Order and Pledge of Allegiance 2. Roll Call and Determination of Quorum 3. Approval of Agenda 4. Approval of Minutes A) June 11, 2020 Briefing Meeting (4) B) June 15, 2001 Regular Meeting (5-10) C) June 18, 2020 Canvassing Board (11-12) 5. Approval of Claims (13-16) 6. Old Business A) Second Reading of Ordinance No. 611 Amending Chapter 5-2-7 Permitted Open Burning (17-18) 7. Adjourn CALL TO ORDER OF THE NEW COUNCIL Oath of Office to Alderman Vickie David, Tim Jorgenson and Jack Parliament 1. Call to Order 2. Approval of Agenda 3. Visitors/Timed Items/Public Comment A) Public Comments: Those wanting to address the Council will be heard at this time but are limited to five (5) minutes. No action will be taken on any action requested at this time due to the twenty-four-hour public notice requirement. B) Public Hearing: 1) Two Day Retail On-Off Sale Malt Beverage and SD Farm Wine License for A Homestead Brew at McHardy Park – July 17 and 18, 2020 (19-20) 2) Two Day Retail On-Off Sale Malt Beverage and SD Farm Wine License for Severance Beer LLC at McHardy Park – July 17 and 18, 2020 (21) C) Election of Council President (Fish) and Vice President (Clark) 4. Standing Committee Reports A) Golf Course 1) Design Build Flood Repair Project B) Parks and Recreation 1) Pool Improvements Project Bids (22-25) 2) Use of Tallgrass Park for Graduation: Jason Kjenstad (26) The City is following CDC guidelines in trying to reduce exposure to the COVID-19 virus. The City will be utilizing Zoom Meeting to encourage public participation in the meeting in lieu of attending the meeting in person. If you wish to utilize Zoom to attend the meeting this meeting you may join at https://us02web.zoom.us/j/87626102283?pwd=OW5MMEM0UzNpcHd6TGZacEY4NW9kQT09 Meeting ID: 876 2610 2283 Password: 57005 Page 1

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Page 1: BRANDON CITY COUNCIL AGENDA Council Chambers – 308 S. … › vertical › sites › {23CB10F0-8C35... · 2020-07-02 · BRANDON CITY COUNCIL AGENDA . Council Chambers – 308 S

BRANDON CITY COUNCIL AGENDA Council Chambers – 308 S. Main

July6, 2020 6:00 p.m.

1. Call to Order and Pledge of Allegiance2. Roll Call and Determination of Quorum3. Approval of Agenda4. Approval of Minutes

A) June 11, 2020 Briefing Meeting (4)B) June 15, 2001 Regular Meeting (5-10)C) June 18, 2020 Canvassing Board (11-12)

5. Approval of Claims (13-16)6. Old Business

A) Second Reading of Ordinance No. 611 Amending Chapter 5-2-7 Permitted Open Burning(17-18)

7. Adjourn

CALL TO ORDER OF THE NEW COUNCIL

Oath of Office to Alderman Vickie David, Tim Jorgenson and Jack Parliament 1. Call to Order2. Approval of Agenda3. Visitors/Timed Items/Public Comment

A) Public Comments: Those wanting to address the Council will be heard at this time but are limited to five (5)minutes. No action will be taken on any action requested at this time due to the twenty-four-hour public noticerequirement.

B) Public Hearing:1) Two Day Retail On-Off Sale Malt Beverage and SD Farm Wine License for A

Homestead Brew at McHardy Park – July 17 and 18, 2020 (19-20)2) Two Day Retail On-Off Sale Malt Beverage and SD Farm Wine License for Severance

Beer LLC at McHardy Park – July 17 and 18, 2020 (21)C) Election of Council President (Fish) and Vice President (Clark)

4. Standing Committee ReportsA) Golf Course

1) Design Build Flood Repair Project

B) Parks and Recreation1) Pool Improvements Project Bids (22-25)2) Use of Tallgrass Park for Graduation: Jason Kjenstad (26)

The City is following CDC guidelines in trying to reduce exposure to the COVID-19 virus. The City will be utilizing Zoom Meeting to encourage public participation in the meeting in lieu of attending the meeting in person. If you wish to utilize Zoom to attend the meeting this meeting you may join at https://us02web.zoom.us/j/87626102283?pwd=OW5MMEM0UzNpcHd6TGZacEY4NW9kQT09 Meeting ID: 876 2610 2283 Password: 57005

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C) Public Safety

1) Inspections Report (27-28) 2) Wage Adjustment: Dan Francis (29) 3) Review of Chapter 13-2 Noxious Weeds (30-34)

D) Administration

1) Resolution #16-20 Dissolving Tax Increment District #3 (35-36) 2) Appoint Finance Officer Smith as Ex-Officio Member of Community Foundation Board 3) Appoint City Administrator Read as Ex-officio Member to the Brandon Chamber of

Commerce 4) Update on Corson Railroad Crossing (37-40) 5) Resignation of Paul Bosch from Planning & Zoning Commission (41-42) 6) Appointment of Chuck Parsons to Planning & Zoning Commission (43) 7) Appointment of Council Representative/Planning & Zoning Commission Chair 8) Administrative Volunteer: Andrew Betanzo (44) 9) Midco Pedestal Request (45-55)

E) Streets 1) Work Report (56) 2) Wage Adjustment: Brad Top (57) 3) Purchase of Equipment (58-60)

F) Water and Sewer

1) Aspen Forcemain Project Change Order #1 (61-63) 2) Aspen Forcemain Project Final Pay Application (64-65) 3) Water Filter Media Replacement Project Change Order #1 (66-67) 4) Water Filter Media Replacement Project Pay Application #4 and Final (68)

G) New Business H) Executive Session if Necessary

I) Adjournment

Individuals in need of assistance in attaining access to the meeting, please contact City Hall within 24 hours of the meeting time for special arrangements.

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SUPPLEMENT TO THE AGENDA July 6, 2020

MEETINGS

1) Monday, July 6, 2020

City Council meeting at 6:00 p.m. in the Council Chambers

2) Wednesday, July 15, 2020 Park Committee meeting at 5:15 p.m. in the Council Chambers

3) Thursday, July 16, 2020 City Council Briefing at 5:30 p.m. in the Council Chambers Planning & Zoning Commission at 6:30 p.m. in the Council Chambers

4) Monday, July 20, 2020 City Council meeting at 6:00 p.m. in the Council Chambers

5) Thursday, July 30, 2020 City Council Briefing at 5:30 p.m. in the Council Chambers

OTHER 1) 2020 Elected Officials Workshop (69-70)

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BRIEFING MEETING MINUTES The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, June 11, 2020 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson and Chuck Parsons. Others present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Public Works Director, Rollie Hoeke; Police Chief, Joe Weir and Golf Course Manager, Andrew Bauer. Mayor Paul Lundberg was present via Zoom. Absent: Dave Kull. The Council discussed items on the agenda for the upcoming June 15, 2020 regular Council meeting. No formal action was taken. At 6:32 p.m., hearing no further business, the meeting adjourned. ____________________________ ______________________________ Christina Smith Paul Lundberg Municipal Finance Officer Mayor

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MINUTES The Brandon City Council met in regular session at 6:00 p.m. on June 15, 2020 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Chuck Parsons and Mayor Paul Lundberg. Others present were City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; City Engineer, Tami Jansma; Police Chief, Joe Weir; Fire Chief, Robert Dykstra; Park Superintendent, Devin Coughlin; Golf Course Manager, Andrew Bauer and Public Works Director, Rollie Hoeke. Director of Human Resources, Julie Nelson was present via Zoom. Alderwoman Clark moved Alderman Parsons seconded to approve the agenda. Motion carried. Alderwoman Fish moved Alderwoman Clark seconded to approve the minutes of the June 1, 2020 regular meeting. Motion carried. Alderman Kull moved Alderman Jorgenson seconded to approve the following claims. Motion carried. VENDOR DESCRIPTION AMOUNT Alliance Communications Utilities 2,489.34 Alternative HR Development Professional Services 3,443.89 Barb Sperlich Professional Services 300.00 Beal Distributing, Inc. GC-Resale 1,753.15 Blaine's Service Repairs 29.95 Border States Electric Supplies 69.47 Borns Group Utility Billing 1,324.31 Brandon Ace Hardware Various Dept. Supplies 2,395.37 Brandon Lumber Co. Supplies 178.77 Builders Supply Company Repairs 2,375.00 BV Media Group Publications 1,281.57 BV School District Fuel 3,446.32 Cardmember Services Various Dept. Supplies 3,699.83 Century Business Products Copier Agreement 219.96 Cintas Supplies 37.00 Coca-Cola/Chesterman GC-Resale 357.49 Coffee Cup Fuel 36.31 Core & Main Supplies 12.60 Craig Riley Refund 40.94 Crescent Electric Supply Improvements 280.97 Culligan Water Conditioning Utilities 86.40 Dakota Beverage GC-Resale 1,930.05 Dakota Fluid Power Repairs 35.47 Dakota Resources Professional Services 4,280.73 Dakota Supply Group Supplies 71.49 Department of Public Safety Supplies 90.00 Direct Technologies, LLC Software 602.00

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Empire HVAC Repairs 151.79 Expressway Fuel 80.20 First Rate Excavate Inc. Improvements 226,209.12 Geotek Engineering & Testing Services Professional Services 7,624.00 H & W Contracting LLC Improvements 231,956.52 H2ose It Carwash Supplies 300.00 Hawkins Water Treatment Chemicals 1,897.22 Heartland Paper Company Supplies 20.72 Interstate Office Supplies Supplies 200.13 Johnson Brothers Famous Brands GC-Resale 1,204.40 Ludens, Inc. Equipment 5,650.00 Manley Tire & Oil Repairs 77.34 Marv's Sanitation Service Utilities 571.75 Matt Parrott & Sons Company Supplies 655.13 Med-Star Paramedic Ambulance, Inc. June Payment 4,166.67 Menards Sioux Falls East Supplies 159.08 Metro Construction Well #8 Improvements 67,004.78 Meyer Laboratory, Inc. Supplies 102.76 MidAmerican Energy Utilities 473.90 Midstates, Inc. Clothing 384.08 Midwest Oil Company Fuel 426.65 Midwest Turf & Irrigation Repairs 18.93 Minnehaha Community Water Corp. Utilities 83.50 Minnehaha Register of Deeds Professional Services 180.00 Myrl & Roy's Paving, Inc. Repairs 320.84 Oakridge Nursery Supplies 1,552.50 Orkin Professional Services 120.00 Overhead Door Hired Repairs 255.10 Pepsi-Cola GC-Resale 865.54 Performance Press Supplies 18.75 Pfeifer's Implement Company, Inc. Repairs 235.20 Pitney Bowes Lease Agreement 168.90 Productivity Plus Supplies 360.89 R & L Supply Supplies 55.70 Republic National Distributing Co. GC-Resale 717.90 Sam's Club GC-Resale 683.34 Sioux Falls Networks Software 355.00 Sioux Falls Utilities April WW Discharge 101,130.18 Soukup Construction, Inc. Improvements 683,582.52 SD Department of Revenue May Sales tax 6,566.85 Staples Advantage Supplies 709.01 Sturdevant's Auto Parts Supplies 661.63 Summit Companies Supplies 12.00 Sunshine Supplies 324.24 Sysco Lincoln GC-Resale 2,040.02 The Rainmakers Inc. Improvements 275.91 Tony's Catering GC-Resale 247.50 Toro NSN GC-Service Agreement 155.00

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Tri-State Hood Cleaning Repairs 435.00 Turfwerks Repairs 188.83 US Postmaster Utility Billing 1,300.05 Verizon Wireless Utilities 495.20 VFW Post 4726 Senior Citizens 1,500.00 Vogel Motors Hired Repairs 127.14 Xcel Energy Utilities 2,288.08 Zimco Supplies 1,000.00 First National Bank Hemlock Blvd Restoration 314,901.84 First National Bank GC Equipment Loan 1,124.98 City Administration May 28, 2020 Payroll 3,399.74 Finance Office May 28, 2020 Payroll 4,243.26 Government Buildings May 28, 2020 Payroll 138.52 Engineer May 28, 2020 Payroll 2,929.59 Police May 28, 2020 Payroll 21,541.55 Building Inspections May 28, 2020 Payroll 3,429.08 Street Department May 28, 2020 Payroll 7,544.28 Park Department May 28, 2020 Payroll 6,407.77 Economic Development May 28, 2020 Payroll 523.85 Water Department May 28, 2020 Payroll 7,915.81 Sewer Department May 28, 2020 Payroll 3,620.40 Golf Course Grounds May 28, 2020 Payroll 7,891.25 Golf Course Lounge May 28, 2020 Payroll 3,920.14 Golf Course Pro Shop May 28, 2020 Payroll 3,646.38 Golf Course Community Room May 28, 2020 Payroll 829.65 941 Payroll Taxes May 28, 2020 Payroll 22,622.55 SD Retirement System May 28, 2020 Payroll 22,267.14 SD Retirement System Supplemental May 28, 2020 Payroll 712.50 TASC Flex Plan May 28, 2020 Payroll 624.96 Accounts Management May 28, 2020 Payroll 75.00 Alderman Parsons moved Alderwoman Fish seconded to approve the consent calendar which contained the following items: a plat of Lot 11A Block 9 Sunrise Estates Addition; a plat of Lots 6B & 7B Block 1 Brandon Industrial Park First Addition; a plat of Lot 2 Block 1 Howey Addition and a plat of Lot 2A Block 7 Brandon Terraces Addition. Motion carried. Jeremy Olson, employee of the City of Brandon and member of the Benefits Committee was present for discussion regarding the Employees Health Insurance renewal. ORDINANCE #608 Alderman Parsons moved Alderman Jorgenson seconded to give first reading to Ordinance #608: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-14-5(H)(6), ADDITIONAL USE REGULATIONS, SIGN REGULATIONS, PERMANENT SIGNS, CB AND GB. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parsons aye. Motion carried.

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PACKAGE OFF-SALE LICENSE A public hearing was held, as advertised, to consider an application for a package off-sale liquor license for Casey’s General Store #2186 at 101 W. Holly Blvd. Alderman Parsons moved Alderwoman Clark seconded to approve the application as presented. Motion carried. RETAIL ON-OFF SALE WINE & CIDER LICENSE A public hearing was held, as advertised, to consider an application for a special event of alcoholic beverage license to Wilde Prairie Winery. Alderwoman Clark moved Alderman Parsons seconded to approve the application as presented. Motion carried. MCEDA – JESSE FONKERT Jesse Fonkert, MCEDA Executive Director, was present for discussion. Jesse started this position on April 1, 2020 and wanted to introduce himself to the City Council. APPEAL OF VARIANCE – 1601 E. RUSHMORE DRIVE Mitch Lynch, 1601 E. Rushmore Drive, filed an appeal of the May 21, 2020 decision of the Board of Adjustment to deny his Variance Application. Mitch wants to construct a 3rd stall garage that would encroach the setback requirements. Applicant Mitch Lynch was not present for discussion. Alderman Parsons moved Alderwoman Fish seconded to affirm the decision of the Board of Adjustment. Motion carried. ORDINANCE #609 Alderwoman Fish moved Alderman Kull seconded to give second reading to Ordinance #609: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR 2020. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parsons aye. Motion carried. ORDINANCE #610 Alderwoman Fish moved Alderwoman David seconded to give second reading to Ordinance #610: TITLE: THIS CHAPTER SHALL BE KNOWN AS THE CITY OF BRANDON TELEVISION FRANCHISE ORDINANCE. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parsons aye. Motion carried. LEASE/RENTAL AGREEMENT FOR GOLF COURSE The Golf Course Committee report was heard. Alderman Parsons moved Alderwoman Clark seconded to approve the lease agreement with Miller & Sons for a range picker, beverage cart and maintenance cart in the amount of $609.40/month, as presented. Motion carried. REQUEST TO USE GOLF COURSE PARKING LOT A request was received from DJ Jer Music Events to use the golf course parking lot on July 4, 2020, from 6:00pm-10:00pm, for a Family Game Show Party. Recommendation from staff was to deny due to this day being a busy day at the golf course and suggested moving to a park. Applicant, Dave Holmquist, was present was discussion. Alderman Parsons moved Alderwoman

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Fish seconded to deny the request as presented. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parsons aye. Motion carried. Alderman Kull moved Alderwoman Clark seconded to allow the use of McHardy Park instead. Motion carried. COMMUNITY ROOM Alderman Parsons moved Alderwoman David seconded to approve the hiring of Matthew Pich for the Community Room at $9.30 per hour. Motion carried. FOOD TRUCK REQUEST The Parks & Recreation Committee report was heard. A request was received from Christy Gulbrandson to have a food truck serve their family reunion on August 1, 2020 at McHardy Park. Alderwoman Fish moved Alderwoman Clark seconded to approve the request as presented. Motion carried. MCHARDY PARK MOVIE NIGHTS Alderwoman Fish moved Alderwoman David seconded to approve youth movie nights to be held at McHardy Park on June 25, July 10, July 24, August 7 and August 21 to include food vendors. Motion carried. ORDINANCE #611 The Public Safety Committee report was heard. Alderwoman Clark moved Alderwoman David seconded to give first reading to Ordinance #611: TITLE: AMENDING CHAPTER 5-2-7 PERMITTED OPEN BURNING. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parsons aye. Motion carried. 2020 HEALTH INSURANCE RENEWAL The Administration Committee report was heard. Administration submitted a recommendation to City Council. Casey Sonju was present for discussion. Alderwoman Clark moved to accept the Wellmark non-grandfathered plan with 5% employee premium contribution and not the recommendation of wages at this time and omit the wellness program currently in place. Motion failed for lack of a second. Alderwoman Fish moved Alderman Jorgenson seconded to keep the current grandfathered plan, with 5% employee premium contribution starting January 1, 2021. A roll call vote showed David, Fish, Jorgenson, Kull aye; Clark, Parsons nay. Motion carried. SPECIAL MEETING FOR CANVASING BOARD A special meeting will be held on June 18, 2020 at 5:00pm to canvass the election of June 16, 2020. EMPOWER BRANDON MOU AMENDMENT Alderman Parsons moved Alderwoman Clark seconded to approve the MOU with Dakota Resources extending the Community Coaching by an additional 3 months, at no additional charge. Motion carried.

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JANUARY-MAY SALES TAX RECEIPTS Sales tax receipts for January-May 2020 were presented. HOLLY BLVD IMPROVEMENTS PAY APP The Streets Committee report was heard. Alderwoman Fish moved Alderwoman Clark seconded to approve pay application #10 to First Rate Excavate in the amount of $226,209.12 for the Holly Blvd. improvements project. Motion carried. CORE AREA PHASE I PAY APP Alderwoman Clark moved Alderman Jorgenson seconded to approve pay application #3 to Soukup Construction in the amount of $683,582.52 for the Core Area Phase I project. Motion carried. TRAILER PURCHASE Alderman Parsons moved Alderman Jorgenson seconded to approve the purchase of a 2020 20’ split tilt bed PJ trailer from Ludens, Inc. in the amount of $5,650.00. Motion carried. MAIN AVE INTERCEPTOR SEWER PROJECT PAY APP The Water & Sewer Committee report was heard. Alderman Kull moved Alderwoman David seconded to approve pay application #9 to H & W Contracting in the amount of $231,956.52 for the Main Ave. interceptor sewer project. Motion carried. WELL NO. 8 PAY APP Alderwoman Clark moved Alderwoman David seconded to approve pay application #4 to Metro Construction in the amount of $67,004.78 for the well no. 8 pump house and transmission line. Motion carried. At 7:01 p.m. Alderwoman Clark moved Alderwoman David seconded to go into executive session to discuss potential litigation, per SDCL 1-25-2.3. Motion carried. At 7:07 p.m. Mayor Lundberg declared the executive session ended. At 7:08 p.m. on a motion by Alderwoman Clark seconded by Alderman Jorgenson the meeting was adjourned. A roll call vote showed Clark, David, Fish, Jorgenson, Kull aye; Parsons nay. Motion carried. ______________________________ _____________________________ Melissa Labahn Paul Lundberg Municipal Recording Clerk Mayor

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SPECIAL MEETING MINUTES

The Brandon City Council met in a special meeting session at 5:00 p.m. on Thursday, June 18, 2020 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Chuck Parsons and Mayor Paul Lundberg. Others present were: City Administrator, Bryan H. Read and Finance Officer, Christina Smith. Absent: None. Alderman Parsons moved and Alderman Jorgenson seconded to approve the agenda. Motion carried.

MINUTES OF CANVASSING BOARD The City Council of Brandon, South Dakota, acting as the Canvassing Board, met on Thursday, June 18, 2020, at 5:00 p.m. to canvass the results of the Annual Municipal Election that was held on Tuesday, June 16, 2020.

The meeting was called to order by Mayor Paul Lundberg. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Chuck Parsons and Mayor Paul Lundberg. Others present were: City Administrator, Bryan H. Read and Finance Officer, Christina Smith. Absent: None.

Alderman Parsons moved Alderwoman Clark seconded to approve the following election results. Motion carried.

Inasmuch as the poll book was found to be in order, and that the total votes cast for Alderman were 590, and that Candidate Jack Parliament received 372 votes, and that Candidate TJ Cameron received 218 votes, therefore Jack Parliament is declared elected as Alderman -Ward III for a four-year term. Inasmuch as Tim Jorgenson filed the only petition as a candidate for Alderman in Ward I, that he be declared elected from Ward I to a four-year term. Inasmuch as Vickie David filed the only petition as a candidate for Alderman in Ward III, that she be declared elected from Ward III to a two-year term.

Alderman Kull moved Alderwoman David seconded to approve the following election results for Initiative Question - Fireworks. Motion carried.

Inasmuch as the poll book was found to be in order, and that the total votes cast for the Initiative Question - Fireworks were 1494, and that Yes received 867 votes, and that No received 627 votes, therefore Yes is declared the winner.

At 5:04 p.m. Mayor Lundberg declared the Canvassing Board meeting was adjourned.

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At 5:04 p.m. on a motion by Alderwoman Clark seconded by Alderman Jorgenson the meeting was adjourned. A roll call vote showed Clark, David, Fish, Jorgenson, Kull aye; Parsons nay. Motion carried. ____________________________ ______________________________ Christina Smith Paul J. Lundberg Municipal Finance Officer Mayor

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VENDOR DESCRIPTION AMOUNTA-1 Septic Professional Services 150.00AE2S Professional Services 6,509.50AFLAC June Premium 1,253.95Alica Thiele Election 200.00All Star Pro Golf, Inc. GC-Resale 350.56American General Contractors, Inc. Repairs 1,110.45Beal Distributing GC-Resale 4,081.55Bonnie & Harvey Lamfers Reimbursement 1,111.69Border States Supplies 344.03Borns Group Utility Billing 1,760.32Boyce Law Firm Professional Services 7,599.00Brandon Golf Course Thank you Mixer 668.75BV Media Group Publications 1,336.32Century Business Products Copier Contract 1,649.00Coca-Cola/Chesterman Co. GC-Resale 694.47Coffee Cup Fuel 421.67Concrete Materials Supplies 1,895.72Core & Main Repairs 2,280.50Corson Village Sanitary District June Refund 1,049.75Dakota Beverage GC-Resale 1,740.25Dakota Fluid Power Repairs 177.47Dakota Pump & Control Inc. Repairs 766.97Dakota Supply Group Repairs 5,113.96David Swier Election 200.00Delta Dental of SD July Premium 2,993.30Dennis Olson Reimbursement 10.00Detco Supplies 732.78DGR Engineering Professional Services 54,692.60Division of Motor Vehicles Supplies 21.20Ellaine Henriksen Election 200.00EnviroMaster, Inc. Supplies 70.00Fastenal Company Supplies 908.02Ferguson Waterworks Meters 36,020.48FleetPride Supplies 41.63Frisbee Plumbing & Heating Repairs 175.49G & H Distributing Supplies 55.98Galls Equipment 13,621.94Geotek Engineering Professional Services 1,592.00Girton Adams Company Supplies 48.75Hawkins Water Treatment Chemicals 3,714.48HDR Engineering Inc Professional Services 76,399.43Heartland Paper Supplies 230.84Horizon Pet Care Supplies 46.22Hydro-Klean, LLC Improvements 49,500.00Incode (Tyler Technologies) Software 2,287.50Inter-lakes Community Action Transit 15,618.66Jack's Uniforms & Equipment Equipment 297.89John Murawski Election 200.00Johnson Bros of South Dakota GC-Resale 1,896.50

July 6, 2020 Claims

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Justice Fire & Safety Equipment 600.50Kathryn Davis Election 200.00Kirsten Walrath-Noem Election 250.00Lacey Rentals Rental 264.00Landscape Golf Management, LLC Professional Services 14,000.00Law Enforcement Targets, Inc. Supplies 77.00Lawson Products, Inc. Supplies 440.75Linda Weber Election 250.00Lite Electric, LLC Professional Services 5,506.60Locators & Supplies, Inc. Supplies 303.38Malloy Supplies 70.11Manley Tire & Oil Service Repairs 27.05Mary Burggraaf Election 250.00Metro Construction Improvements 5,000.00Michaels Fence & Supply Supplies 374.22Midwest Turf & Irrigation GC Repairs 2,163.32Minnehaha Community Water Corp. Utilities 102.25Modern Woodmen of America July Premium 1,867.08Myrl & Roy's Paving, Inc. Repairs 4,483.96Nordstrom's Automotive Repairs 300.00Northwest Tire Inc. Repairs 252.00Nursery Wholesalers, Inc. Supplies 1,258.82Oakridge Nursery Supplies 41.60Orkin Professional Services 120.00Palisades Oil Co. Fuel 3,640.19Pfeifer's Implement Company, Inc. Repairs 1,544.82Pitney Bowes Supplies 80.74Pizza Ranch of Brandon GC-Resale 58.00Prestige Flad Supplies 265.40R & L Supply, Ltd. Repairs 158.02Reiter Enterprises GC-Rental 311.00Republic National Distributing Co. GC-Resale 667.25Revier Pressure Washers, Inc. Supplies 42.72SD Dept. of Health Professional Services 725.00SD Dept. of Transportation Professional Services 77.36SD One Call Utilities 346.08SD Unemployment Insurance Division 2nd Quarter 2020 806.66SF Area Chamber of Commerce Dues 200.00Sioux Falls Area Humane Society Professional Services 629.80Sioux Falls Rubber Stamps Works, Inc. Supplies 20.70Sioux Valley Energy Improvements 41,153.39Sioux Valley Energy Utilities 34,665.82Southern Glazer's of SD GC-Resale 446.85Stan Houston Equip. Co. Hired Repairs 236.00Staples Enterprises, Inc. Fuel 128.38Stockwell Engineers Professional Services 234,668.65Streicher's Supplies 2,064.40Sysco Lincoln GC-Resale 3,315.41T I Windows, LLC Professional Services 100.00Tactical Solutions Hired Repairs 401.00Todd Finn Election 200.00Tri-State Garage Door, Inc. Repairs 700.00

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TSP, Inc. Improvements 38,163.58US Postmaster Utility Billing 1,300.05USA Blue Book Supplies 54.47Verizon Police Utilities 483.70Verizon Utilities 505.20Wellmark BC/BS July Premium 54,881.39Xcel Energy Utilities 2,321.51Zimco Supplies 8,853.50

Total Claims 776,261.25

Principal & Interest PaymentsUS Bank Trust Dept. Bethany Drainage Project 9,653.70US Bank Trust Dept. Big Sioux Lift Station Bond 43,304.01First National Bank GC Equipment Loan 1,124.98

Total P & I 54,082.69

Payroll ClaimsCity Administration June 11, 2020 Payroll 3,399.74Finance Officer June 11, 2020 Payroll 4,261.78Government Buildings June 11, 2020 Payroll 133.91Engineer June 11, 2020 Payroll 2,929.59Police June 11, 2020 Payroll 24,682.45Building Inspections June 11, 2020 Payroll 3,402.24Street Department June 11, 2020 Payroll 7,762.48Park Department June 11, 2020 Payroll 9,080.64Economic Development June 11, 2020 Payroll 368.00Water Department June 11, 2020 Payroll 8,089.24Sewer Department June 11, 2020 Payroll 4,286.35Golf Course Grounds June 11, 2020 Payroll 10,990.15Golf Course Lounge June 11, 2020 Payroll 5,088.70Golf Course Pro Shop June 11, 2020 Payroll 5,108.60Golf Course Community Room June 11, 2020 Payroll 696.54941 Payroll Taxes June 11, 2020 Payroll 25,924.02Accounts Management Inc June 11, 2020 Payroll 75.00SD Retirement System Supplemental June 11, 2020 Payroll 712.50TASC Flex Plan June 11, 2020 Payroll 624.96

Payroll ClaimsCouncil June 25, 2020 Payroll 7,531.20Mayor June 25, 2020 Payroll 2,035.21City Administration June 25, 2020 Payroll 3,399.74Planning & Zoning Board June 25, 2020 Payroll 1,145.14Park Committee June 25, 2020 Payroll 701.86Finance Officer June 25, 2020 Payroll 4,308.44Government Buildings June 25, 2020 Payroll 129.29Engineer June 25, 2020 Payroll 3,122.43Police June 25, 2020 Payroll 21,694.92Building Inspections June 25, 2020 Payroll 3,395.54Street Department June 25, 2020 Payroll 7,354.05Park Department June 25, 2020 Payroll 9,475.23Economic Development June 25, 2020 Payroll 622.89Water Conservation Committee June 25, 2020 Payroll 480.22

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Water Department June 25, 2020 Payroll 8,653.65Sewer Department June 25, 2020 Payroll 3,972.97Golf Course Grounds June 25, 2020 Payroll 10,750.19Golf Course Lounge June 25, 2020 Payroll 5,458.94Golf Course Pro Shop June 25, 2020 Payroll 5,570.93Golf Course Community Room June 25, 2020 Payroll 718.01941 Payroll Taxes June 25, 2020 Payroll 27,314.63Accounts Management Inc June 25, 2020 Payroll 75.00SD Retirement System June 25, 2020 Payroll 23,103.14SD Retirement System Supplemental June 25, 2020 Payroll 712.50TASC Flex Plan June 25, 2020 Payroll 624.96

Total Payroll 269,967.97

Grand Total 1,100,311.91

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ORDINANCE NO. 611 AMENDING CHAPTER 5-2-7 PERMITTED OPEN BURNING

BE IT ORDAINED by the City Council of Brandon South Dakota that Chapter 5-2-7 Permitted Open Burning is hereby amended as follows: 5-2-7 PERMITTED OPEN BURNING

Any Open Burning, other than that listed below shall not be permitted unless prior, written authorization has been granted by the Brandon Volunteer Fire Department Fire Chief. The following types of Open Burning are permissible for the specific purpose and conducted accordingly. Such other Open Burning is permissible when no County Burn Ban is in effect and in conformity with the subsections set forth below.

A. Only charcoal and untreated, unpainted, clean, dry wood or manufactured fire logs less than two feet in length may be burned;

B. The fire must not be on a wood or wood composite surface and must be contained in a pit, ring or manufactured fire pit or chimenea, or outdoor fireplace not exceeding three feet in diameter and two feet in height;

C. Fire pits and rings must be located at least 15 feet away from structures (i.e. decks,

partition walls, fences, etc.) and combustible materials, must be no more than 18 inches in depth from ground level, must be a minimum of 6 feet from adjoining property lines, and must have an appropriate screen or cover;

D. Manufactured freestanding fire pits and chimenea must be located at least 15 feet from structures (i.e. decks, partition walls, fences, etc.) and combustible materials and a minimum of 6 feet from adjoining property lines, and must have an appropriate screen or cover;

E. All recreational fires must be supervised by at least one person 18 years and older

until the fire has been completely extinguished;

F. A garden hose connected to a water supply or fire extinguishing equipment or materials in an amount to sufficiently extinguish the open burning must be readily available.

G. The use of flammable or combustible liquids is not permitted;

H. Propane fueled and natural gas fueled fire pits are allowed and must be located at

least 15 feet away from structures (i.e. decks, partition walls, fences, etc.) and combustible materials and must be a minimum of 6 feet from adjoining property lines. No screen is required on propane fueled or natural gas fueled fire pits;

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I. Commercially manufactured patio heaters are allowed and must only be used in an outdoor area. They must be placed on a level and stable surface to prevent tipping and they must be at least 3 feet or more, if recommended by the manufacturer, on all sides, from combustible materials.

Police and fire officials are authorized to require that a recreational fire be immediately extinguished if it is determined through investigation that the fire is not in compliance with the above rules, the smoke becomes a nuisance or is offensive to neighbors, or the burning is determined to constitute a hazardous condition.

Adopted this 6th day of July, 2020. _____________________________________ Paul Lundberg Mayor ATTEST: ___________________________________ Christina Smith Finance Officer First Reading: June 15, 2020 Second Reading: July 6, 2020 Publication: July 15, 2020 Effective Date: August 5, 2020

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: July 1st, 2020 From: Tami Jansma, City Engineer Subject: Pool Improvements Background/History: In 2018, the Park Advisory Board conducted a survey on the parks. Out of that survey, the Park Advisory Board decided to do a splash pad feasibility study which was completed in 2019. A dollar amount of $1,600,000 was estimated for the pool improvements. Discussion: Design was completed by TSP Architecture in 2020 and bid on June 16th, 2020. We had 4 companies bid on the project with Beck and Hofer Construction being the low bidder. Financial Considerations: The base bid with alternates came in at $1,341,100.00. The current contract with TSP includes construction administration ($27,830.00) with a total contract amount of $146,770.00. This puts the total cost of the project at $1,487,870.00. Conclusion/Recommendations: Recommend awarding the project to Beck & Hofer Construction. Park Advisory Board met on June 23rd and also recommends moving forward with the base bid plus alternates.

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Supporting documents must be attached to the Council Agenda Request Form.

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June 22, 2020 RE: City of Brandon-Pool Improvements Brandon, South Dakota TSP Project No. 04191728 Tami Jansma, City Engineer City of Brandon 304 Main Avenue, PO Box 95 Brandon, South Dakota 57005 Dear Tami - We have reviewed and discussed the bid information regarding the above referenced project. We recommend Beck & Hofer Construction, as general contractor, for this project. Their base bid for the project is $1,199,500 and their sum total for the 4 project alternates is $141,600 which totals an overall project bid of $1,341,100. This bid amount includes the defined scope in the project documents. Please let me know if you have any questions or comments. TSP, Inc. Jared Nesje, AIA CEO cc: Lindsey Dacy, PMA – TSP Inc.

Design Redefined

1112 N West Ave Sioux Falls, SD 57104

(605) 336-1160

teamtsp.com

Architecture

Engineering

Planning

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Project:

Project Location:

TSP Project No.:

Bid Date/Time:

Beck and Hofer

Construction

Schwartzle

Construction Peska Construction Visions Construction

Bid Security

Check

Bond X X X X

Prebid MeetingN/A N/A N/A N/A

Addenda

1 X X X X

Base Bid $1,199,500.00 $1,289,000.00 $1,557,000.00 $1,264,000.00

Alternates

#1 - Shade Structure$18,000.00 $20,000.00 $19,000.00 $21,300.00

#2 - South Patio$30,000.00 $40,000.00 $18,000.00 $35,800.00

#3 - Additional

Furnishings $31,000.00 $26,000.00 $27,000.00 $33,400.00

#4 - Not Used$0.00 $0.00 $0.00 $0.00

#5 - Closed Flume

Waterslide $62,600.00 $100,000.00 $57,000.00 $53,000.00

Remarks

Base Bid plus

Alternates $1,341,100.00 $1,475,000.00 $1,678,000.00 $1,407,500.00

CONTRACTOR NAME

Pool Improvements

Brandon, South Dakota

04191728.00

06/16/2020 - 10:00 AM - 304 Main Ave., Brandon, SD

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June 19, 2020

Christina Smith

Finance Officer

City of Brandon

PO Box 95

Brandon, SD 57005

Dear Christina,

I am writing this letter as requested for use of a Brandon Park Facility (Tallgrass Park) on July 18th,

2020 for a graduation reception for my senior son Ethan. Our family lives at 517 East Switch Grass

Trail which is directly across the street from Tallgrass Park so this works very well. The Jeff Barker

family and the Steve Tripp family are also joining us for receptions of their boys. With the limited

time to get graduation receptions completed we are just going in together and hosting a reception

from 2-4 pm on the 18th of July.

I currently have the park reserved from 12 – 6 pm on the 18th which will allow setup and take

down of the tent, chairs, food, etc... The purpose of this letter is to get approval for us to have a

food truck serving pizza and also an ice cream truck. Neither will be taking money, this is be

provided to our guest free of charge. If approved we will make sure they stop and purchase a

peddlers permit as you mentioned is a requirement. We are not requesting the ability to have

alcohol at this event. We appreciate our parks system in Brandon and look forward to having this

event at the park he grew up at. Thanks again for your consideration.

Sincerely,

Jason Kjenstad

517 E. Switch Grass Trail

Brandon SD 57005

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CITY OF BRANDON

Planning and Inspection Department 304 S. Main Avenue, P.O. Box 95 Brandon, SD 57005

Monthly Building Inspection-Code Enforcement-Permit Report June 2020

Code Enforcement Inspections: (50) field inspections conducted. Residential: **The City of Brandon has issued 22 new permits for Single Family Homes in 2020. **New- “Pocket Neighborhood” residential community -preliminary plans submitted for the Bluffs Addition. **Brickwood Addition-issued new 4 plex apartment building permit. Footings approved. Foundation walls set. Commercial: **Brandon Assembly of God Church: Pre-final inspection done-approved for full occupancy. Final parking lot work to be done. **OdeCo Business Condos: Building # 2-Tenant fit-out-rough ins approved for (Units 5 & 6). Building # 3 Unit C-3 pre final inspection approved. **Olson Contractors Storage Lot: Shell building complete. Tenant fit-out permit issued. Unit #7 New Shell building permit issued for contractors’ shop. **9th Street Storage (Engelien) Pre-final inspection performed. Need additional site work done. New storage warehouse building plans approved. **West Side Self-Storage Units: Rough framing approved for additional storage building. Need site work to be done. 2nd permit for duplicate self- storage bld-footings approved. Rough framing approved. Pre-final issued. **Brandon Industrial Park: N. Walnut Ave: New location for Soo Sanitary and Excavation-site/building plans approved. Rough framing for shell building approved. Under-ground plumbing set. Ownership change. **Brandon Industrial Park: Kloth LLC: Site and construction plans approved for a new commercial building. Pre-final inspection approved. **Heartland Business Park: Permit issued for Heartland Funeral home parking lot improvements. Work to be done Summer 2020. **Risen Savior Church-remodeling/addition project-reviewing initial construction plans. **Roof Systems-E. Birch Street-preliminary plans to construct a private boat storage building. Working with owner on site and construction plans. **Henkel Corporation: Final inspection approved for temporary office trailer on site. **Brandon Retail Center: Permit issued for new coffee house tenant space. Pre-final inspection approved. **Corson Industrial Park: Bridger Steel interior remodel job-rough framing approved.

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CITY OF BRANDON

Planning and Inspection Department 304 S. Main Avenue, P.O. Box 95 Brandon, SD 57005

**Brandon Fire Dept. issued permit for a new detached accessory structure. Framing approved. Need gutters/downspouts. **Faith Presbyterian Church-permit issued for expansion and remodeling project. Footing inspection approved. Rough framing approved. **Corson Industrial Park: New multi-purpose warehouse building. -Site work permit issued. footing approved. Rough steel framing approved. Tenant fit-out permit issued. **Old Brandon Industrial Park: permit issued for new storage unit building. Rough framing approved. **Anytime Fitness-permit issued for a commercial addition project. Footings approved. Rough framing in progress. **Spartan Fire Apparatus Company: issued permit for a partial reroof job. **Rovang Industrial Park: New warehouse: assembly/storage facility permit issued. Footings approved. Rough steel framing shell building approved. **Midco Communications: New communications building. Permit issued. Footings approved. **Cedar Place commercial complex: tenant remodel permit issued. Approved rough framing. **W. Holly Commercial Complex: tentative site plans submitted for Schelling properties to construct a (2) building strip retail center. **City of Brandon: Water Well Bld # 8-permit issued-footing and rough framing approved. **City of Brandon: Stone Ridge Estates-City Park Shelter: permit issued-footing and foundation walls set.

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Name Dan Francis

Job Title Police Officer

Department Police Dept.

Estimated Start DateEstimated Number of Hours per Week 40

Status: Full time x Regular xPart time Limited

Seasonal

Estimated Ending Date if Seasonal

New Step on Wage Scale 27-2

New Wage 20.90$

Effective Date 7/7/2020

Council Date 7/6/2020

Notes:Officer Francis has graduated from the SD Police Academy.

CITY OF BRANDONPAYROLL CHANGE/NEW HIRE FORM

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: July 2, 2020 From: Christina Smith Subject: Resolution #16-20 Dissolving TIF #3 Background/History: Tax Increment Finance(TIF)#3 was started in 2009 for the Hemock Blvd project. A TIF was created to pay for the Bond. Discussion: As of June 15, 2020, the Bond has been paid off. Once the bond has been paid off, we need to dissolve the TIF as the property tax money is not needed for the TIF anymore. Once the Resolution is signed, we send it to the state and county to dissolve the TIF. We want the TIF dissolved before the assessment process starts at the county. Financial Considerations: No financial considerations for this year. This will actually help the general fund next year. Conclusion/Recommendations: Approve the attached Resolution #16-20. Supporting documents must be attached to the Council Agenda Request Form.

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RESOLUTION #16-20

RESOLUTION DISSOLVING TAX INCREMENT DISTRICT #3 WHEREAS, Tax Increment District #3, hereinafter referred to as TID #3, was established on or about March 16, 2009; and WHEREAS, the positive tax increments during the term of this TID have been deposited in a special fund denominated “TIF #3 Hemlock Fund”, for the payment of the incurred authorized debt and expenses of the TID; and WHEREAS, all debts and expenses of TID #3 have been paid in full, and pursuant to SDCL 11-9-46, the TID shall terminate and the District will be dissolved when the payment of all projected costs and all tax incremental bonds and notes have been paid. NOW THEREFORE BE IT RESOLVED BY THE CITY OF BRANDON, that Tax Increment District #3 be, and it is hereby, dissolved inasmuch as the payment of all projected costs and all tax incremental bonds and notes have been paid in full. Adopted this 6th day of July, 2020. ______________________________ ATTEST: Paul J Lundberg, Mayor ___________________________________ Christina Smith, Finance Officer (Seal)

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: 7/2/2020 From: Tami Jansma, City Engineer Subject: Corson Railroad Crossing Background/History: Hemlock Blvd is technically under the township jurisdiction. The roadway is concrete surfacing and the railroad crossing is very rough. This roadway is the main access to the City of Brandon’s industrial park and the crossing needs to be replaced. Discussion: The Development Foundation has contracted with Sayre Engineers and CDI Engineering to come up with a temporary fix of grinding the railroad crossing down in an attempt to smooth the crossing. This project was bid out with no Contractor interested in the project. This crossing needs to be fully replaced with a drain tile system installed. I am currently in contact with Jeremy Wegner and Mark Gjevre at BNSF to come up with a plan to replace this crossing. Currently this stretch of roadway is not in the city limits and is still under the jurisdiction of the township. Chuck and I both met with the township board and they were willing to turn over the roadway to the City’s jurisdiction. There may also be federal funds available to help with the cost sharing of this project if the City takes over this section of roadway. Financial Considerations: CDI Engineering has surveyed the area and put together a bid set for the grinding of the crossing. No contractors are interested in this project and this was put together as a “quick fix”. Moving forward with the project would require putting together a set of plans for the replacement of the crossing with the addition of the drain tile, we would then have to bid the project, and do construction. Conclusion/Recommendations: This is a discussion topic, no formal action required at this time. Supporting documents must be attached to the Council Agenda Request Form.

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: 7/2/2020 From: Tami Jansma, City Engineer Subject: Volunteer Background/History: None. Discussion: Andrew Betanzo volunteered from 9am to 12pm on Wednesday July 1st and again on Monday July 6th. He helped with various office tasks such as filling in water usage numbers in an excel sheet, formatting word documents for Engineering Design Standards, and also cleaning/organizing water conservation items. Financial Considerations: None. Conclusion/Recommendations: Recommend approval of his volunteer hours. Supporting documents must be attached to the Council Agenda Request Form.

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: July 6, 2020 From: Midco Subject: Franchise Agreement/Pedestal Placement Background/History:

• Midco is currently in the process of constructing a fiber to the premise communications network within the City of Brandon to provide video, data, and voice services to residents and businesses.

• In January 2020, Midco formally requested a franchise agreement with the City of Brandon in order to provide cable services, per FCC regulations.

• On June 1st, 2020, the Brandon City Council held the 1st reading of an updated franchise ordinance and June 16th, 2020 the 2nd reading was held, and the ordinance was adopted unanimously.

• During negotiations over the updated franchise ordinance, Midco was informed there was a desire to limit the amount of above ground facilities maintained by the utility providers in Brandon.

• The relevant section of the franchise ordinance, Section 14-7-12 (7), which Midco agreed to, states that the Grantee must put facilities (i.e. pedestals) below ground in existing and future areas if the telephone and electric utilities are also below ground.

o 7. Unless the Grantee receives express written authorization from the City, the Grantee may not put its cables, wires, lines, towers, guides or any other conductors, converters, equipment or facilities above ground level in any area of the Franchise area (rather they must be buried), nor may Grantee retain its cables, wires, lines, towers, guides or any other conductors, converters, equipment or facilities above ground in any area of the Franchise area where both telephone and electrical utility distribution lines are later hereto placed below ground level.

• On June 16th, via email, the Brandon City Engineer informed Midco that the relevant section of

the franchise ordinance was intended to require Midco, as well as incumbent Alliance, to place all facilities below ground.

• On June 19th, via telephone, the Brandon City Administrator confirmed this requirement, while noting the current providers are “grandfathered” in areas they already have facilities.

• Midco disagrees with the City’s understanding of Sub. 7. • Following the June 19th conversation, also on June 19th, Midco, via email, formally requested a

waiver from this requirement, while preserving its objection, as allowed in the ordinance. • Midco has not received a response to request for a waiver despite being told an answer would be

received on or before COB on Friday, June 26th.

Discussion: • As noted in the formal request for a waiver (attached), requiring burial of all facilities within the

City of Brandon would lead to ongoing operational challenges with the network, increased yard disruptions and surface digging, and increased costs.

• Midco contends that enforcing this requirement against Midco, and not the other providers, is anti-competitive and contrary to the language in the recently enacted franchise ordinance.

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Financial Considerations:

• Midco estimates that complying with this requirement would add approximately $1 million in construction costs to the current project.

Conclusion/Recommendations:

• As allowed for in the current franchise ordinance, Midco requests a waiver from the requirement to place below ground vaults in current franchise areas where other providers are above ground.

• Midco is more than happy to match any communications network design requirements for future developments that all providers will be subject to.

Supporting documents must be attached to the Council Agenda Request Form.

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Direct Dial: 605-357-5835 Email: [email protected]

June 19, 2020 Via email Dear Brandon City Administrator,

On behalf of Midco, thank you for your work on the Franchise Ordinance. Please let me know if you would like Midco to provide the initial draft of the Midco Franchise Agreement for you to review. We routinely draft franchise agreements for other communities to expedite the process.

As you know, we’ve been discussing our pedestal and permitting concerns for some time. From those conversations, Midco understood that above ground pedestals would be acceptable.

This week, however, Tami at the City Engineering Office told Midco that we have to bury our pedestals, regardless of whether the other utilities in the area are buried. We were surprised to learn this given our Franchise Ordinance negotiations and prior conversations, but especially because the Ordinance’s plain language does not require Midco to bury all facilities if the existing utility providers have not buried their facilities.

7. Unless the Grantee receives express written authorization from the City, the Grantee may not put its cables, wires, lines, towers, guides or any other conductors, converters, equipment or facilities above ground level in any area of the Franchise area (rather they must be buried), nor may Grantee retain its cables, wires, lines, towers, guides or any other conductors, converters, equipment or facilities above ground in any area of the Franchise area where both telephone and electrical utility distribution lines are later hereto placed below ground level.

In analyzing this language more fully, the italicized language is a clarifying clause to the entire section, meaning that in either a new build or a replacement to existing facilities, burial is only required if the both the incumbent telephone and electrical utility have buried their distribution lines. We believe that any other reading would produce a legally absurd and unlawful result. Alliance, for example, would not be able to replace or repair an above-ground pedestal on its existing network. And Midco would have to bury all new facilities even when there are existing telephone and electrical utilities above ground. Midco’s example has an additional concern because requiring us bury all new facilities adds a significant expense and effectively deters competition.

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3901 North Louise Avenue Sioux Falls, SD 57107

Midco is an Equal Opportunity Employer/Disabled/Veteran

Alternatively, I am enclosing a request for waiver with supporting diagrams showing Midco’s pedestal design and clarifying that our pedestals are actually smaller than the incumbent provider’s pedestals. Please do not hesitate to contact me with any questions.

Sincerely, /s/ Andrew Curley Andrew Curley Director of Government Relations Enclosures

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To: City of Brandon Re: Formal Request as per Brandon Ordinance 14-7-12(7) Date: June 19, 2020 Hello, This letter is meant as a formal request by Midcontinent Communications (“Midco”) to place small above ground pedestals with our construction of the new advanced fiber to the premise network in Brandon. Our reasons are as follows:

• Underground pedestals (vaults) could be a safety hazard. Pedestal covers can be faulty, which could lead to serious injury if a pedestrian or pet steps on such a pedestal cover. Further, temporary connections will require a vault to remain open until a permanent line can be installed. These open vaults are a serious safety concern, especially in colder months with the snow cover. Above ground pedestals eliminate these safety risks.

• Underground pedestals could lengthen repair times and could prevent Brandon residents from receiving new services in a timely manner. Underground pedestals are virtually inaccessible during the winter and spring, and no vault is waterproof. If underground fiber is encased in ice from a wet fall, slush, or the thaw freeze cycle, getting to the fiber will be almost impossible. The resulting impact to customers would be longer repair times in the event of a cut, or an inability to install new cable or internet services.

• Undergrounding new utilities where existing utilities are already above ground will not provide the City with the desired aesthetic appeal. The proposed above ground Midco pedestals are actually smaller than the incumbent Alliance’s pedestals. Attached please find diagrams of our pedestals.

• Undergrounding will generate more calls to the City as the underground vaults will require more surface digging, soil removal, and labor to install in every lot. As a result, this will be more disruptive to Brandon residents’ properties. Underground vaults are larger than pedestals and will leave a 2’ X 3’ area of no vegetation in many areas of the City. Some areas will get a 4’ X 30” vault.

• It is not uncommon for property owners to place unauthorized screening of underground pedestals with landscaping materials, creating issues with access to equipment.

• There will have to be exceptions where the water table is high or in low-laying areas. It would be very impractical or even impossible to place a vault in these locations.

• Requiring new utilities to underground, while existing utilities do not, could be viewed as a violation of the Franchise Ordinance and as anti-competitive.

Midco is more than willing to match any other communications facility design of the pedestal/vaults going forward in new developments. However, Midco strongly believes it should be treated equally and be allowed above ground pedestals where the existing utilities are above ground. Thank you for your consideration.

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Ground line

Front View

12"

Fill from the bottom of ped to ground line with

3/8" pea rock

Run #6 bare ground wire from ground block to ground rod place inside large

hand hole

100' fiber pigtail from 1 X32 splitter in ped to hand hole

Place duct cap on 1.25" duct

1.25" duct to large vault

Appendix 8: FTTH PON Pedestal

#6 ground wire to ground rod in large vault

Midco fiber splicer will mount ground bar and

attach #6 to ground bar with #10 ground lug

Place Midco sticker 5" from top of pedestal

5"

Either a (1) 1 X32 splitter or (2) 1 X 32

splitter mounted in PON cabinet

Symbol for PON Pedestal on the Midco design map for

FTTH

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Appendix 8: FTTH PON Pedestal

Ground line

12"

Fill from the bottom of ped to ground line with 3/8" pea

rock

Run #6 bare ground wire from ground block to ground rod place inside large hand

hole

100' fiber pigtail from 1 X32 splitter in ped to hand hole

Place duct cap on 1.25" duct

Top view

Large Hand hole

Side view

35"

Run #6 bare ground wire from ground block to ground rod place inside large

hand hole

Place a 5/8" X 8 foot ground rod in either corner of large vault

1.25" duct to large vault

4" to 6" of 3/8" pea rock under large vault

Distance varies depending on area

Either (1) 1X 32 or (2) 1 X 32 splitter

Symbol for PON Pedestal on the Midco design map for

FTTH

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Ground line

Front View

12"

Fill from the bottom of ped to ground line with

3/8" pea rock

Run #6 bare ground wire from ground block to ground

rod place inside pedestal

50 foot fiber coil from pipe to end of Tyco splice case(Black is Distribution fiber and Blue is the F8

Fiber tap fiber)

Place duct cap on 1.25" duct

Appendix 9: FTTH Fiber Splice Pedestal

Midco fiber splicer will mount ground bar and

attach #6 to ground bar with #10 ground lug

Place Midco sticker 5" in the top center of

pedestal on each side of lid

Symbol for Fiber Splice Pedestal on the Midco design

map for FTTH

Button

Button

1.25" conduit to next fiber tap1.25" conduit to next fiber tap

¾” conduit for fiber service drop ¾” conduit for fiber service drop

Tyco 450 B or Tyco 450 C Case

NOTE: Distribution fiber in red on design map. Fiber tap fiber pigtail is represented by

a blue line on the design map

Corning pre-terminated fiber tap with either a 200, 300, or 400 foot

pigtail

1.25" conduit from PON Pedestal or fiber splice pedestal 1.25" conduit to next fiber splice pedestal

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Appendix 9: FTTH Fiber Splice Pedestal

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

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Ground line

Front View

12"

Fill from the bottom of ped to ground line with

3/8" pea rock

Appendix 10: FTTH - Fiber Tap Pedestal

Midco fiber splicer will mount ground bar and

attach #6 to ground bar with #10 ground lug

Design Symbol for Fiber Tap Pedestal on the Midco design

map for FTTH

NOTE: Distribution fiber in red on design map. Fiber tap fiber pigtail is represented by

a blue line on the design map

Corning pre-terminated fiber tap with either a 200, 300, or 400 foot

pigtail

2 4

5"

¾” conduit for fiber service drop¾” conduit for fiber service drop

Place duct cap on 1.25" duct

1.25" conduit from PON Pedestal or fiber splice pedestal

Place Midco sticker 5" from top

of pedestal

Run #6 bare ground wire from ground block to ground

rod place inside pedestal. Ground rod is only placed at an end of the line pedestal

Bolt Corning fiber tap to top pedestal bar

25"

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Appendix 10: FTTH - Fiber Tap Pedestal

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Splice Pedestal

(Vertiv 1420)

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

Fiber Tap Pedestal

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PUBLIC WORKS DEPARTMENT WORK REPORT JULY 06, 2020 STREET DEPARTMENT: DISINFECTING & CLEANING AT SHOP CUT STREETS IN 2021 MICRO SEAL AREAS ASPHALT REPLACEMENT IN 2021 MICRO SEAL AREAS REPAIR ASPHALT AROUND VARIOUS WATER VALVES REPLACE GRILL IN F150 TRUCK REPAIR & REPLACE BARRICADES FOR PARADE REPAIR HYDRAULIC HOSE ON BACKHOE REPLACE BOARDS ON ’01 TRAILER PATCH POT HOLES THRU TOWN SIGN WORK PAINT UNEVEN SIDEWALKS PER REQUEST SAFETY MEETING FOR SEASONAL EMPLOYEES WATER DEPARTMENT: LOCATE CURB STOPS, UPDATE CARD FILE 201 ONE CALL LOCATES FROM 06-09-20 TO 06-30-20 DIG UP & REPLACE VALVE @ SPLITROCK BLVD & KEYSTONE DR CLEANING & DISINFECTING @ WTP & BOOSTER STATIONS FILL & FLUSH LINE IN NEW DEVELOPMENT FOR CONTRACTOR REPLACE SIDEWALK @ STONE RIDGE BOOSTER FROM SUMP LINE INSTALLATION READ WATER METERS DELIVER RED TAGS TO DELINQUIENT ACCOUNTS SHUT OFF & TURN BACK ON WATER SERVICES SEVERAL FINAL READINGS DELIVER NEW METERS COLLECT BAC-T SAMPLES FOR DENR SEWER DEPARTMENT: CLEANING & DISINFECTING @ ABOVE GROUND LIFT STATIONS WORK ON SETUP FOR TEMPORARY BYPASS FOR GOLF COURSE LIFT STATION & BETHANY LIFT STATION MOW LIFT STATIONS CHECK OVER GENERATORS INSTALL CONTROL PANEL @ RUSHMORE LIFT UNDERGROUND TRENCH INSPECTIONS(2 HRS) PLUMBING & GREASE TRAP INSPECTIONS(20 HRS) CHECK SEWER CALLS OTHER DEPARTMENTS: WEEKLY MAINTENANCE FOR ALLEY TO BACK OF CITY HALL, REPAIR WATER LEAKS IN BUILDING FOR GOLF COURSE, REPAIR MOP SINK FOR GOLF COURSE, SET PUMP IN SPLITROCK CREEK FOR GOLF COURSE, REMOVE TREE STUMP FROM LANDSCAPING FOR GOLF COURSE, HAUL TREES FOR PARKS DEPT, REPAIR BROKEN GENERATOR GAS LINE FOR PARKS DEPT, HELP WITH IRRIGATION PUMP FOR PARKS DEPT, CHANGE AIR FILTERS IN CITY BUIDLININGS

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Name Brad Top

Job Title Public Works Maintenance

Department Publi Works

Estimated Start DateEstimated Number of Hours per Week 40

Status: Full time x Regular xPart time Limited

Seasonal

Estimated Ending Date if Seasonal

New Step on Wage Scale 29-15

New Wage 26.34$

Effective Date 7/18/2020

Council Date 7/6/2020

Notes:

CITY OF BRANDONPAYROLL CHANGE/NEW HIRE FORM

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: 6/30/2020 From: Tami Jansma, City Engineer Subject: Aspen Blvd Force Main Project Change Order #1 and Final Pay Application #4 Background/History: This project was to replace the existing sanitary sewer force main and the water main approximately 10’ below the Split Rock Creek along the North side of Aspen Blvd near the Golf Course. The work also included adding in erosion control and shaping the ditch between the Golf Course and the bridge. DGR Engineering was the consultant engineer and the Contractor was Metro Construction Inc. Discussion: Additional work required for locating and installing the water main (9 hours at $500 per hour). Contractor spent 3 days looking for the existing water main on both sides of Split Rock Creek and is requesting compensation for the extra time it took for clearing and excavating around the high pressure gas main crossing which was at a skew. Financial Considerations: Even with the change order for $4,500.00, the final payment is below the original contract price by $4,470.11. Conclusion/Recommendations: Recommendation of approval for both the change order and the final pay application. Supporting documents must be attached to the Council Agenda Request Form.

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CITY OF BRANDON 304 Main Avenue, P.O. Box 95, Brandon, SD 57005 Telephone: (605) 582-6515; FAX: (605) 582-6831

Council Agenda Request

Date: 6/30/2020 From: Tami Jansma, City Engineer Subject: Water Treatment Filter Media Replacement Change Order #1 and Final Pay Application Background/History: Existing Greensand filter media was replaced with IMAR media. Construction was completed earlier this year. Discussion: Project was behind schedule and so the Contractor was penalized liquidated damages. There were also a few clean up items that the Contractor did not complete, and the City paid for these items to be completed. Therefore, that dollar amount have been taken out of the final pay application. Financial Considerations: Original contract price was $207,500.00, this change order negotiates a cost of $8,132.95 that the City incurred due to liquidated damages and some cleaning items. Conclusion/Recommendations: Recommendation to approve final pay application #4 and approve change order #1 to decrease the contact amount by $8,132.95. Supporting documents must be attached to the Council Agenda Request Form.

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208 Island Drive, Ft. Pierre, South Dakota 57532 • 605-224-8654 • fax 605-224-8655 • www.sdmunicipalleague.org

2020 Elected Officials Workshop

Wednesday, September 2, 2020 Ramkota Hotel and Conference Center • Pierre, SD

Agenda

9:00 a.m. Registration – outside Gallery A 9:30 a.m. Welcome and Introduction to the League – Gallery A Yvonne Taylor, Executive Director, South Dakota Municipal League 9:35 a.m. SDPAA – Protecting Public Entities Since 1987 Lynn Bren, Director of Member Services, SD Public Assurance Alliance 10:00 a.m. Meet the SDML Work Comp Fund Brad Wilson, CIC, AIC, SDWCS, Administrator, SDML Work Comp Fund 10:20 a.m. Municipal Officials and Employees Laurie Gronlund, Director of Human Resources, City of Pierre 11:00 a.m. Bids and Contracts Rod Fortin, Director of Local Government Assistance,

South Dakota Department of Legislative Audit 11:45 a.m. Lunch (plated lunch provided) – Gallery A 12:30 p.m. Financial and Compliance Matters

Rod Fortin, Director of Local Government Assistance, South Dakota Department of Legislative Audit

2:00 p.m. Open Meetings and Executive Sessions - Do’s and Don’ts Steven Blair, Assistant Attorney General, Office of the Attorney General 3:00 p.m. Conflict of Interest for Municipal Officials Steven Blair, Assistant Attorney General, Office of the Attorney General 3:30 p.m. Adjourn

S D M L South Dakota Municipal League

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208 Island Drive, Ft. Pierre, South Dakota 57532 • 605-224-8654 • fax 605-224-8655 • [email protected]

2020 Elected Officials Workshop Wednesday, September 2, 2020

Ramkota Hotel and Conference Center • Pierre, SD

The purpose of this workshop is to provide a basic crash course on local government.

$50.00 per person. Includes workshop material, the SDML Handbook for Municipal Officials ($60 value) and lunch.

Please be sure to register by the August 15th deadline.

∼ THIS WORKSHOP IS OPEN TO ALL ELECTED OFFICIALS ∼

REGISTRATION FORM

Municipality: ________________________________________________________________________ Please indicate Form of Government:

Aldermanic Aldermanic with City Manager Trustee

Commission Commission with City Manager Home Rule Please Print Name and Title as you would like it to appear on the nametag: Name Title Email

_______________________________ ______________________ ___________________________

_______________________________ ______________________ ___________________________

_______________________________ ______________________ ___________________________

_______________________________ ______________________ ___________________________

Number Attending ______ @ $50.00 = $_________________ Please return this form and payment by August 15, 2020* to: SD Municipal League *No refunds will be given after August 15, 2020 208 Island Drive Ft. Pierre, SD 57532

S D M L South Dakota Municipal League

SDML OFFICE USE ONLY: DATE:_______________ CHECK #:_______________ AMOUNT:________________

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