City of Big Stone City Council Proceedings • April 6, 2020

April 6, 2020

7:00 p.m.

The Big Stone City council met in regular session on Monday April 6, 2020. Meeting began at 7:00 p.m. with Mayor Wiik presiding. Roll Call: Athey, Redfield, Brown, Hughes, Roscoe present and Stecker arriving during pledges. Others present: William Coester via video conference, Bryan Austin, Bob Athey, Bob Goergen, Emily Sigler, Teresa Goergen, Julie Enstad, Alex Goergen, Mary Smithwick and John Wiik. 

The Pledge of Allegiance and the South Dakota State Pledge were recited. Motion to accept the minutes from the March 2nd meeting was made by Hughes and seconded by Redfield. All in favor, motion carried.

One bid was received and opened for street improvements from Bituminous Paving of Ortonville, Minnesota. Schedule #1 of the bid for granite chip seal totaled $12,888.00 and Schedule #2 for asphalt totaled $58,100.00. A motion was made by Hughes and seconded by Redfield to accept the bid as presented. All in favor, motion carried. 

A public hearing was held for a Three-Day Special Event Liquor License for the Fire Department. After a discussion and input from fire chief Joe Wiik a motion was made by Hughes to approve the license with the stipulation that the council can revoke it at any time due to the current COVID-19 pandemic and seconded by Athey. Voting in favor: Roscoe, Athey, Redfield, Brown and Hughes. Opposed: Stecker. Motion carried. 

A public hearing was held for a variance filed by Allan Mueller for seasonal parking of a recreational vehicle at 1502 Lake Street. A motion was made by Athey and seconded by Brown to approve the variance. Voting in favor: Roscoe, Athey, Redfield, Brown and Hughes with Stecker abstaining. Motion carried. Reminder campers will be allowed from April 1st to November 1st (weather permitting).

A public hearing was held to review Special Fireworks Retail License applications. Two applications were submitted to the City. The applications were for Ken’s Fireworks at 468 Main Street and Big Bang Fireworks at 507 Mitchell Avenue. A motion was made by Hughes and seconded by Redfield to accept both applications. Voting in favor: Roscoe, Athey, Redfield, Brown and Hughes. Opposed: Stecker. Motion carried. 

A public hearing was held to review an application for a Retail on Sale Liquor Restaurant License from Big Rock Grill and Casino. A motion was made by Redfield and seconded by Hughes to approve the application. All in favor, motion carried. 

The following claims were presented for payment.

AFLAC, $224.50; RURAL DEVELOPMENT, $4,108.00, Sewer Bond Loan; FARNER BOCKEN COMPANY, $1,081.47; REPUBLIC BEVERAGE COMPANY, $1,096.10, Off Sale; REPUBLIC BEVERAGE COMPANY, $202.50, On Sale; REPUBLIC BEVERAGE COMPANY, $2,152.80, Off Sale; SOUTH DAKOTA DEPT OF REVENUE, $6,135.57, Light& Power; SOUTH DAKOTA DEPT OF REVENUE, $1,866.95, Municipal Liquor Store; INTERNAL REVENUE SERVICE, $2,782.46, Payroll Taxes; MINNESOTA DEPT OF REVENUE, $716.14, 1st Quarter 2020; SDCS, $353.08; SDCS, $353.08; SD UNEMPLOYMENT INSURANCE, $2,518.50; BANK OF AMERICA, $199.29, screamer siren; BERKNER PLUMBING & HEATING, $6,480.00, Shop Furnaces; BIG STONE AREA HARDWARE, $14.48; BORDER STATES INDUSTRIES INC., $50.12l; BRYAN AUSTIN, $67.00, SDMEA; CHS, $576.65; CINTAS CORPORATION, $592.89; CITY OF BIG STONE CITY, $4,081.34, Utilities; CNA SURETY, $541.80, Bond insurance; COCA-COLA BOTTLING CO., $182.00, Pop; COESTER LAW OFFICE, $1,058.00, Legal services, monthly retainer; DAKOTA SUPPLY GROUP, $147.61; ELLWEIN BROTHERS INC., $13,592.35, Off Sale Beer; EMILY SIGLER, $400.00, Deductible Reimbursement; GRANT COUNTY AUDITOR, $7,500.00, Sheriffs Contract April 2020; GRANT COUNTY REVIEW, $179.08; GRANT ROBERTS RURAL WATER, $8,542.00, Charges for Services; HARRY’S FROZEN FOODS, $233.50, Pizzas; HARTMAN’S SUPERVALU FOODS, $14.99, Condiments; HEALTH POOL OF SD, $6,890.38, Health Insurance; HERITAGE PRINTING, $47.50, Raffle Tickets; INFOTECH SOLUTIONS, $584.98, Computer support, monitor; IRBY TOOL & SAFETY, $12,019.44; JACOBSEN TREE EXPERTS, $15,250.00, Tree Removal; JOHNSON BROTHERS FAMOUS BRANDS, $5,744.59, Off Sale Liquor; KDIO, $370.00, Monthly Advertising; MAC DADDY’S DRIVE IN, $309.86, Gas Bill; MIDCO BUSINESS, $40.85, Sewer Telephone; MIDCO BUSINESS, $40.85, Sewer Telephone; MILBANK FORD, $151.41; MILBANK WINWATER WORKS, $344.32; MISSOURI RIVER ENERGY SERVICES, $1,504.00; NELSON ELECTRIC, INC., $852.64; NORTHWESTERN ENERGY, $131.13, Gas Bill; OMNI-PRO SOFTWARE, $12,500.00, Load Management Software; ORTONVILLE INDEPENDENT, $520.00, Advertising; OVERHEAD DOOR COMPANY, $1,351.02, Overhead door; PORTER DISTRIBUTING CO., $901.60, On Sale Beer; POSTMASTER, $26.35, Water Sample; POSTMASTER, $26.35, Water Sample; PRO IMAGE PARTNERS INC., $39.00; QUILL CORPORATION, $119.49; RAMKOTA HOTEL WATERTOWN SD, $91.99, SUPS Conf. Hotel; RESCO, $5,550.00; RONGLIEN EXCAVATING, INC., $1,303.05, Tree Removal; SD DEPT OF GAME, FISH & PARKS, $122.00. Monthly Billing; SOUTH DAKOTA RETIREMENT SYSTEM, $1,971.08; SOUTHERN GLAZERSS OF SD, $857.82; STURDEVANT AUTO PARTS, $89.05; TC CONSTRUCTION, $489.80, Shelves CC; VALLEY SHOPPER, $508.60, Advertising; VERIZON WIRELESS, $147.05, Cell phones; WESCO RECEIVABLES CORP., $10,490.77; WIESE ELECTRIC, $342.57, Replace light city office entrance; XEROX CORPORATION, $48.00, Monthly Maintenance/supply; Grant Co. Register of Deeds, $30.00, Record Resolution; Postmaster, $121.10; Utility Billing; Waste Management, $4,115.51; World Pay, $213.94, Monthly CC Fees; Dept. of energy, $18,075.39; Missouri River, $10,458.00; Missouri River, $22,730.74; Principal, $71.78; IRS, $2,622.97, Payroll Taxes; General Fund 101, $10,752.75, March Payroll; Liquor Fund 601, $6,909.03, March Payroll; Water Fund 602, $1,524.65, March Payroll; Electric Fund 603, $4,528.00, March Payroll; Sewer Fund 604, $1,168.13, March Payroll 

Motion to pay the presented claims was made by Redfield and seconded by Hughes. In favor: Roscoe, Athey, Redfield, Brown and Hughes with Stecker abstaining. Motion carried.  

Sheriff Owen submitted the following report for the month of March: Hours worked within the city: 112 hours 30 minutes, subject to call 24 hours per day. Written Citations:2. Written Warnings: 10. Investigations/ events and incidents responded to: 3. Some incidents responded to included: drug investigations, suspicious persons and theft. Our theft investigation led to the arrest of suspects in another jurisdiction. These suspects will also be facing charges in Grant County.

Officer Goergen submitted the following report for the month of March: Hours worked: 53 hours. Activity and incidents: traffic assist for fire, two snowmobile complaints, one damage to property investigation, seven traffic stops, two open doors, one traffic complaint, two assist other agency suspicious vehicles, one animal complaint, one medical assist and routine patrol. 

A motion was made to approve the second reading of Ordinance #2020-03 by Redfield and seconded by Hughes. All in favor, motion carried. 

Ordinance #2020-03

AN ORDINANCE REVISING

CHAPTER 5-2 OF THE REVISED

ORDINANCES OF THE CITY OF

BIG STONE CITY, SOUTH DAKOTA.

BE IT ORDAINED by the City of Big Stone City, South Dakota that Chapter 5-2 of the Revised Ordinances of the City of Big Stone City, South Dakota be amended to read as follows:

CHAPTER 5-2  ALCOHOLIC BEVERAGES

5-2-1 LICENSE REQUIRED:

No person shall sell, offer for sale, keep for sale, exchange, distill, manufacture, produce, bottle, blend or otherwise prepare within the City or within one mile of its territorial limits, any alcoholic beverage as defined by statute, without having a license therefore as required by state statute.

SDCL 35-3-1; 9-29-7; SDCL Tit. 35 generally

5-2-2 ON-SALE LIQUOR LICENSES:

There shall be one retail on-sale liquor license available in the City of Big Stone City and that shall be issued to the municipality of Big Stone City at a cost of four hundred dollars ($400.00) annually, and used for the operation of the Big Stone City Municipal Bar and Liquor Store.

SDCL 35-4-11; 35-4-2; 35-3-7; 9-29-7

5-2-3 OFF-SALE LIQUOR LICENSES:

There shall be one retail off-sale liquor license available in the City of Big Stone City and that shall be issued to the municipality of Big Stone City at a cost of one thousand two hundred dollars ($1,200.00) annually, and used for the operation of the Big Stone City Municipal Bar and Liquor Store.

SDCL 35-4-2(5); 9-29-7

5-2-4 RETAIL MALT BEVERAGE LICENSES:

Malt beverage and wine produced by a farm winery licensee, being both package dealers and on-sale dealers at a cost of three hundred dollars ($300.00).

SDCL 35-4-2(16); 9-29-7

5-4-5 RETAIL WINE AND CIDER LICENSES:

Wine and cider retailers, being both package dealers and on-sale dealers at a cost of five hundred dollars ($500.00).

SDCL 35-4-2(12); 9-29-7

5-4-6 FULL-SERVICE RESTAURANT LICENSES:

An On-Premise Full-Service Restaurant Liquor License may be issued to a qualifying full-service restaurant meeting all of the requirements of SDCL 35-4-110 through 35-4-120 upon payment of the license fee OF seven hundred dollars ($700.00). A full-service restaurant liquor license may be renewed annually only if the requirements of SDCL 35-4-113 are fulfilled and the license fee is paid.

SDCL 35-4-111; 9-29-7

5-4-7 SPECIAL EVENTS ALCOHOLIC BEVERAGE LICENSE

A special on-sale license in conjunction with a special event within Big Stone City may be issued for a period not to exceed fifteen consecutive days, to any civic, charitable, educational, fraternal, or veterans organization in addition to any other licenses held by the special events license applicant. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds a retail malt beverage license in Big Stone City, and the license is to be used in a publicly owned facility. The fee for such Special Events Alcoholic Beverage License shall be set by Resolution of the Governing Board.

SDCL 35-4-124; 35-4-125 

5-4-8 OPERATING HOURS

No person shall sell any alcoholic beverage between the hours of 1:00 o’clock a.m. and 7:00 o’clock a.m. All alcoholic beverages shall be off the bar and tables and the establishment closed to customers on or before one-half hour after the sale of alcoholic beverages must stop.

SDCL 9-29-7

Passed First Reading: March 2nd, 2020

Passed Second Reading: April 6th, 2020

Published On: April 15th, 2020

Effective Date: May 5th, 2020 /s/ Deborah Wiik, Mayor

ATTEST:

/s/ Emily Sigler, Finance Officer

A discussion was held on the sewer bond and different options for financing or paying it off. A motion was made by Athey and seconded by Stecker to table the discussion until the May meeting and have time to gather more information on the subject. All in favor, motion carried.

Discussions were held on the Watermelon Feed at the 135th Celebration, summer rec and coaches pay for summer rec. The finance officer will be reaching out to other towns to see what they pay summer rec coaches and discuss more at the next meeting

A replat was submitted to the council by Casey Seward and Elizabeth Gabriella. After a discussion and verifying approval from Planning and Zoning, a motion was made by Athey and seconded by Redfield to approve the replat. All in favor, motion carried. 

Councilman Redfield informed the council on a few electrical ordinances that need updating and changing. Redfield and City Electrical Superintendent Bryan Austin answered any questions the council had. A motion was made by Redfield to increase the base charge per meter by $2.00 on residential and commercial accounts and to add a $20.00 base charge per meter for industrial accounts and seconded by Stecker. Voting in favor: Roscoe, Athey, Stecker, Redfield and Hughes. Opposed: Brown. Motion carried. All ordinance changes will be sent to the city attorney and presented at the next council meeting for approval. 

A motion was made by Brown and seconded by Hughes to send the finance officer to Finance Officer School in 2020 if it happens. All in favor, motion carried. 

Being no further business a motion to adjourn the meeting was made by Brown and seconded by Hughes. All in favor, motion carried. 

/s/ Deb Wiik, Mayor

ATTEST:

/s/ Emily Sigler

Finance Officer