City of Big Stone City Council Proceedings, November 2, 2020

City of Big Stone City Council Proceedings

 

November 2, 2020
5:30 p.m.
The Big Stone City council met in regular session on Monday, November 2,  2020. Meeting began at 5:30 p.m. with Mayor Wiik presiding. Roll Call: Roscoe, Athey, Redfield, Brown and Longhenry present. Stecker absent. Others present: George Boos, Bob Athey, Bob Goergen, Bryan Austin, Pat Kaiser, Deputy Mark Leusink, Sonny Kaiser, Teresa Goergen, Sue Christensen, Karen Halverson, Maria Loughlin, Chris Folk, Anne Lester, Laurie Maas, Julie Enstad, Doug Enstad, Ashley Stoel, Kristin Roe, Shelly Haggerty, Stacy Hennings, Ben Gere, Margaret Kuefler, Kaitlyn Burdorf and Becky Swezey.
The Pledge of Allegiance and the South Dakota state pledge were recited. Motion to accept the minutes from the October meeting was made by Redfield and seconded by Roscoe. All in favor. Motion carried. Motion to accept the minutes from the special meeting was made by Brown and seconded by Longhenry. All in favor. Motion carried.
The following claims were presented for payment.
World Pay, $385.23; World Pay, $309.19; IRS, $3,188.96; Aflac, $224.50; WM, $4,233.56; Dept. of Energy, $17,921.58; Missouri River, $9,414.00; Missouri River, $5,556.63; Internal Revenue, $2,770.47; MN Dept. of Rev., $1,198.46; SD Dept. of Labor, $984.57; SD Dept. of Rev., $2,373.73; SD Dept. of Rev., $6,504.36; Southern, $878.56; Republic, $709.50; Republic, $411.00; Aflac, $224.50; Bank of America, $217.89; Bernatello’s Foods, $96.50; Bernatello’s Foods, $42.00; Boos Jennens Law Firm, LLC, $1,610.00; Cintas, $158.06; Cintas, $158.06; City of Big Stone City, $4,137.79, Utilities; City of Sioux Falls, $ 43.50; Coca-Cola Bottling, $117.00; Coester Schwandt Law, $700.00; Electro Watchman, $195.00; Ellwein Brothers, $10,119.20; Games Unlimited, $100.00; Granite Ice, $31.50; Harry’s Frozen Foods, $403.00, Pizza; Heritage Printing, $54.00; Infotech, $385.00; Johnson Brothers, $3,015.04; MacDaddy’s, $324.38; Midco Business, $41.50, Sewer Telephone; Midco Business, $41.50, Sewer Telephone; M-R Signs, $260.12; Nelson Electric, $268.37; NW Energy, $43.44; Ortonville Independent, $440.00, Advertising; Pepsi Beverages, $314.46; Porter Distributing, $837.40; Postmaster, $26.35, Water Samples; Pro Auto Sales & service, $80.00; Quill, $13.69; Quill, $131.76, Supplies; Railroad Management Co., $284.85; Renae Espland, $75.00, Deposit return; SD Dept. of Health, $512.00, Lead/Copper testing; SD GFP, $321.00; SD One Call, $13.44; Silver Springs LLC, $513.11, Granite Fines; Sturdevant Auto Parts, $273.69, Sykora Plumbing, $71.00; Terex, $9,324.03, Truck #4; The Valley Shopper, $627.10, Advertising; Tidbits, $280.00, Liquor store ads; Titan Machinery, $278.61, Truck #4; US Postal Service, $316.40, stamped envelopes; Valley Office Products, $39.31, UPS; Verizon, $140.48; Xerox Corp., $20.09; Retirement, $1,977.22; Grant Co Auditor, $7,500.00; Milbank Winwater, $62.91; Rural Water, $9,352.00; Health Pool of SD, $4,988.97; Bollig, $1,478.75; JRH Auto, $95.65; Missouri River, $2,538.00                    
Motion to pay the presented claims was made by Brown and seconded by Redfield. All in favor. Motion carried.
Deputy Mark Leusink gave the following report for October: Hours worked within city: 100. Citations: 7. Warnings: 9. This month we responded to: Two traffic accidents, two medical calls, one hunting complaint, one suspicious vehicle complaint, theft investigation, follow up with coroner investigation. 
Officer Goergen gave the following report for October: Total hours: 48. Activity/Incidents: 
Chris Folk-Big Stone School/Little Lions presented to the council their plans for their own daycare building and requesting that the City goes in with the building of this center.
Pat Kaiser requested help from the city with smoke from an outside furnace. We will check into ordinances on this.
A motion to approve the second reading of Ordinance #2020-10(Midco Contract) was made by Longhenry and seconded by Redfield. All in favor. Motion carried.
Ordinance #2020-10
AN ORDINANCE AUTHORIZING THE GRANT OF CABLE COMMUNICATIONS FRANCHISES IN THE CITY OF BIG STONE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE(S).
The City of Big Stone City hereby ordains:
SECTION 1. SHORT TITLE AND DEFINITIONS
1) Short Title. This Ordinance shall be known and cited as the Cable Communications Regulatory Ordinance.
2) Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein.  When not inconsistent with the context, words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.  The word “may” is directory and discretionary and not mandatory.
  (a) “Basic Cable Service” 
  means any service tier which 
  includes the lawful retransmission 
  of local television broadcast signals 
  and any public, educational, and 
  governmental access programming 
  required by the franchise to be 
  carried on the basic tier. Basic Cable 
  Service as defined herein shall not 
  be inconsistent with 47 U.S.C. 
  §543(b)(7).
  (b)“Cable Programming Service” 
  means any Video Programming
  provided over a Cable System, 
  regardless of service tier other than:
  Video Programming carried on the 
  Basic Service Tier;
  Video Programming offered on a 
  payperchannel or payperprogram 
  basis; or
  A combination of multiple channels 
  of payperchannel or payperprogram 
  Video Programming offered on a 
  multiplexed or timeshifted basis so 
  long as the combined service: 
  consists of commonlyidentified 
  Video Programming; and
  is not bundled with any regulated 
  tier of service.
     Cable Programming Service as 
     defined herein shall not be 
     inconsistent with the definition as 
     set forth in 47 U.S.C. §543(l)(2) 
     and 47 C.F.R. 76.901(b) (1993).
  (c) “Cable Service” means the one-
  way transmission to Subscribers of 
  Video Programming, or other 
  programming service, and 
  Subscriber interaction, if any, which 
  is required for the selection of such 
  Video Programming or other 
  programming service.
  (d) “Cable System” or “System” 
  shall have the meaning ascribed to 
  it in federal law.
  (e) “Council” means the Big Stone 
  City, South Dakota City Council.
  (f) “Franchise” means an initial 
  authorization, or renewal thereof 
  issued by a franchising authority, 
  whether such authorization is 
  designated as a franchise, permit, 
  license, resolution, contract, 
  certificate, agreement, or otherwise, 
  which authorizes the construction 
  or operation of a Cable System or 
  other MVPD facility.
  (g)“Franchise Area” means the area 
  within the legal boundaries of the 
  Grantor.
  (h)“Grantee” is the Person which is 
  granted a Franchise in City 
  pursuant to this Ordinance, its 
  agents and employees, lawful 
  successors, transferees or assignees.
  (i)“Grantor” is the City of Big Stone 
  City.
  (j)“Gross Revenue” means only that 
  monthly revenue net of bad debt 
  received from Basic Cable Service, 
  digital services and equipment, and 
  Pay Television Services. The Term 
  “Gross Revenues” shall not include 
  any other revenue billed or received 
  by the Grantee including, franchise 
  fees, late fees, any fees itemized and 
  passed through as a result of 
  franchise imposed requirements, 
  cable ad sales, or any taxes or fees 
  on services furnished by Grantee 
  imposed directly on any Subscriber 
  or user by any municipality, state, 
  or other governmental unit and 
  collected by Grantee for such 
  governmental unit.
  (k)“Multichannel Video Program 
  Distributor” or “MVPD” means a 
  person such as, but not limited to, a 
  cable operator, a multichannel 
  multipoint distribution service, a 
  direct broadcast satellite service, an 
  OVS provider, or a television 
  receive-only satellite program 
  distributor, who makes available for 
  purchase, by subscribers or 
  customers, multiple channels of 
  video programming.
  (l)“Open Video Services” or “OVS” 
  means any video programming 
  Services provided to any person by 
  a Franchisee certified by the FCC to
  operate an Open Video System 
  pursuant to Section 47 U.S.C. 573, 
  as may be amended, regardless of 
  the Facilities used.
  (m) “Pay Television” means the 
  delivery over the System of 
  payperchannel or payperprogram 
  audiovisual signals to Subscribers 
  for a fee or charge, in addition to 
  the charge for Basic Cable Service   
  or Cable Programming Services.
  (n)“Person” is any person, firm, 
  partnership, association, 
  corporation, company, or other 
  legal entity.
  (o)“Standard Installation” means 
  any residential installation which 
  can be completed using a drop of 
  one hundred fifty (150) feet or less.
  (p)“Street” means the surface of, 
  and the space above and below, any 
  public street, road, highway, 
  freeway, lane, alley, path, court,
  sidewalk, parkway, or drive, or any 
  easement or rightofway now or 
  hereafter held by Grantor.
  (q)“Subscriber” means any Person 
  who lawfully receives Cable Service.
  (r)“Video Programming” means 
  programming provided by, or 
  generally considered comparable to 
  programming provided by a 
  television broadcast station.
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS
3) Franchise Required. It shall be unlawful for any Person to construct, operate or maintain a Cable System or MVPD facility or to provide Cable Service, Video Programming or other MVPD services, including OVS, in the Grantor without a Franchise authorizing the same, unless applicable federal or State law prohibits the Grantor’s enforcement of such a requirement.
4) Grant of Franchise.  Any Franchise that is granted in City shall be subject to the terms and conditions contained herein.
5) Grant of Nonexclusive Authority.
  (a) A Grantee shall have the right 
  and privilege to construct, erect, 
  operate, and maintain, in, upon, 
  along, across, above, over and under 
  the Streets, public ways and public 
  places now laid out or dedicated 
  and all extensions thereof, and 
  additions thereto in Franchise Area, 
  poles, wires, cables, underground 
  conduits, manholes, and other 
  television conductors and fixtures 
  necessary for the maintenance and 
  operation in Franchise Area of a 
  Cable System.  
   (b) A Franchise shall be 
  nonexclusive, and Grantor reserves 
  the right to grant a similar use of
  said Streets to any MVPD at any 
  time, provided, however, that all 
  Franchises shall contain the same 
  terms and conditions as this 
  Franchise in order that one MVPD 
  is not granted a competitive 
  advantage over another. In the 
  event a MVPD commences 
  operation without a Franchise or is 
  granted a Franchise to operate by 
  the Grantor, the terms and 
  conditions of which do not comply 
  with this Ordinance, other Grantees 
  shall have the right either (i) to opt 
  in to the competitor’s Franchise by 
  providing ten (10) days prior 
  written notice to the Grantor; or (ii) 
 to petition the Grantor for 
  modifications to its Franchise, in 
  which case the Grantor shall work 
  in good faith with the affected 
  Grantee(s) to review and adopt 
  modifications which the Grantee(s) 
  deem necessary, review and 
  approval by Grantor shall not be 
  unreasonably denied.  
  (c) Before granting an additional 
  franchise, the Grantor shall give 
  written notice to all Grantees of any 
  new application, identifying the 
  applicant for such additional 
  Franchise and providing at least 
  thirty (30) days prior notice of the 
  date, time, and place at which the 
  Grantor shall consider and/or 
  determine whether such additional 
  Franchise should be granted. 
  (d) Every Franchise shall apply to 
  the entire service area of the 
  Grantor, as it exists now or may 
  later be configured.
  (e) In the event Grantor grants one 
  or more additional Franchises or 
  one or more non-franchised 
  MVPD’s commence providing Cable 
  Service in the Grantor, a Grantee 
  shall have the right to terminate or 
  reduce the term of this Franchise in
  its sole discretion. 
  (f) Neither City nor Grantee(s) may 
  unilaterally alter the material rights 
  and obligations set forth in this 
  Franchise. In the event of a conflict 
  between any other ordinance and 
  this Franchise, the Franchise shall 
  control. 
6) Franchise Term. A Franchise shall be in effect for a period of Ten (10) years from the expiration date of the current franchise (November 14, 2020) or November 14, 2030, unless renewed, revoked, or terminated sooner as herein provided.
7) Territorial Area Involved. A Franchise shall be granted for the corporate boundaries of Grantor, as it exists from time to time.  In the event of annexation by Grantor, or as development occurs, any new territory shall become part of the area covered, provided, however, that Grantee(s) shall not be required to extend service beyond its present System boundaries unless there is a minimum of twenty-five (25) homes per cable mile as measured from the last fiber node or terminating amplifier.
8) Written Notice. All notices, reports, or demands required to be given in writing under this Ordinance shall be deemed to be given when delivered personally to any officer of Grantee or Grantor’s Administrator of this Ordinance as specified in a Franchise or deposited as first class mail with the USPS, and in the case of the Grantee’s address, sent to the address listed as the return address on the monthly franchise checks.  
SECTION 3 CONSTRUCTION AND OPERATIONS STANDARDS
1.) Conditions on Street Use.
  (a) A Grantee shall obtain all 
  required permits from Grantor 
  before commencing any 
  construction upgrade or extension 
  of the System.
  (b) The Grantor shall impose no 
  permit fees upon a Grantee.
  (c) If at any time during the period 
  of this Franchise Grantor shall elect 
  to alter, or change the grade or 
  location of any Street, alley or other    
  public way, a Grantee shall, at its 
  own expense, upon reasonable 
  notice by Grantor, remove and 
  relocate its poles, wires, cables, 
  conduits, manholes and other 
  fixtures of the System. If Grantor 
  reimburses other occupants of the 
  Street, a Grantee shall be likewise 
  reimbursed.
  (d) A Grantee shall, on request of 
  any Person holding a moving 
  permit issued by Grantor, 
  temporarily move its wires or 
  fixtures to permit the moving of 
  buildings with the expense of such
  temporary removal to be paid by the 
  Person requesting the same, and a 
  Grantee shall be given not less than 
  ten (10) days advance notice to 
  arrange for such temporary 
  changes.
  (e) A Grantee shall have the 
  authority to trim any trees upon 
  and overhanging the Streets, alleys, 
  sidewalks, or public easements of 
  Grantor so as to prevent the 
  branches of such trees from coming 
  in contact with the wires and cables 
  of the Grantee.
  (f) Nothing contained in this 
  Ordinance shall relieve any Person 
  from liability arising out of the 
  failure to exercise reasonable care 
  to avoid injuring Grantee’s 
  facilities.
   (g) In areas where all other utility 
  lines are placed underground, 
  Grantee shall construct and install 
  its cables, wires and other facilities 
  underground. In any area where one 
  or more public utilities are aerial, 
  Grantee may construct and install 
  its cables, wires and other facilities 
  from the same pole with the 
  consent of the owner of the pole.
  (h)A Grantee shall at all times 
  construct and operate its System in 
  accordance with applicable FCC 
  Technical specifications.
  (i) In the event that the use of any 
  part of the system is discontinued 
  for any reason for a continuous 
  period of twelve (12) months, or in 
  the event such systems or property 
  has been installed in any street or 
  public place without complying 
  with the requirements of this 
  Ordinance, or the rights granted 
  hereunder have been terminated, 
  cancelled or have expired, Grantee 
  shall, subject to the rights of the 
  City to acquire the system as 
  specified in Section 3.1.(j) herein, 
  promptly remove from the streets, 
  or public places all such property 
  and poles of such system other than 
  any which the City may permit to be 
  abandoned in place. In the event of 
  such removal, Grantee shall 
  promptly restore the street or other 
  area from which such property has 
  been removed to a condition 
  satisfactory to the City.
  (j) Any property of Grantee to be 
  abandoned in place shall be 
  abandoned in such a manner as the 
  City may prescribe. Upon 
  permanent abandonment of the 
  property of Grantee in place, it shall 
  submit to the City an instrument to 
  be approved by the City, 
  transferring to the City the 
  ownership of such property.
  (k) All cable and passive equipment 
  for cable television reception 
  service installed by Grantee at a 
  subscriber’s location shall remain 
  the property of Grantee and 
  Grantee shall have the right to 
  remove said cable and equipment.  
  Upon termination of service to any 
  subscriber, the Grantee shall 
  promptly remove all its above 
  ground facilities and equipment 
  from the premises of such 
  subscriber upon his request.
  (l) No poles or other wire-holding 
  structures shall be erected by the 
  Grantee without prior approval of 
  the designated representative of the 
  City Council with regard to 
  locations, height, type or any other 
  pertinent aspect, which approval 
  shall not be unreasonably withheld.  
  However, no locations of any pole 
  or wire-holding structure of the 
  Grantee shall be a vested interest 
  and such poles or structures shall 
  be removed or modified by the 
  Grantee at its own expense 
  whenever the City Council or its 
  designated representative 
  determines that the public 
  convenience would be enhanced 
  thereby.
  (m) Where poles or other 
  wire-holding structures already 
  existing in use in serving the City 
  are available for use by Grantee, but 
  it does not make arrangements for 
  such use, the City Council may 
  require the Grantee to use such 
  poles and structures if it determines 
  that the public convenience would 
  be enhanced thereby and the terms 
  of the use available to the Grantee 
  are just and reasonable.
  (n) Where the City or a public utility 
  serving the City desires to make use 
  of poles or other wire-holding 
  structures of the Grantee but 
  agreement therefore with the 
  Grantee cannot be reached, the City 
  Council may require the Grantee to 
  permit such use for such 
  consideration as is just and 
  reasonable and upon such terms as 
  the Council determines the use 
  would enhance the public 
  convenience and would not unduly 
  interfere with the Grantee’s 
  operations.
  (o) Grantee shall at all times 
  maintain on file with the City 
  Auditor a schedule setting forth all 
  rates and charges to be made to 
  subscribers for basic cable service, 
  including installation charges.
  (p) During the term hereof, the City 
  may regulate rates only if 
  authorized to do so by Federal 
  Communications Commission 
  regulations and then such 
  regulation shall only be in 
  accordance with the provisions of 
  such regulations.
SECTION 4. SYSTEM PROVISIONS AND PUBLIC SERVICES
1.) Operation and Maintenance of System.  A Grantee shall render effective service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible.  
2.) Service to Schools and City.  A Grantee shall, subject to the line extension requirements of Section 2.5 herein, provide one (1) Drop and one (1) outlet of Basic Cable Service at no cost to two (2) City buildings to be mutually agreed upon by City and a Grantee. 
3.) PEG Channel. The Grantee shall allocate one channel to the City as a public, educational or governmental access channel. Until such time as the city files a written request with Grantee for full-time use of the channel, Grantee shall have the right to use that portion of the channel capacity that is not being used by the City.  Grantee shall have a reasonable period of time after notification to vacate its use of the channel. Grantee shall assist the City in obtaining the necessary licenses and frequency clearance to enable the City to use said channel.  
4.) Emergency Use.  In the case of any emergency or disaster, a Grantee shall, upon request of the City Council, make available its facilities to the City for emergency use. A Grantee shall comply with the mergandy alert requirements of federal law. 
SECTION 5. OPERATION AND ADMINISTRATION PROVISIONS
9) Indemnification of Grantor.
  (a) A Grantee shall indemnify, 
  defend, and hold harmless Grantor, 
  its officers, boards, committees, 
  commissions, elected officials, 
  employees and agents, from and 
  against all liability, damages, and 
  penalties which they may legally be 
  required to pay as a result of the 
  exercise of a Franchise granted 
  pursuant to this Ordinance, except 
  claims covered by worker’s 
  compensation insurance or any 
  claims arising from or related to 
  Grantor’s negligence. Nothing in 
  this Ordinance relieves a Person 
  from liability arising out of the 
  failure to exercise reasonable care 
  to avoid injuring the Grantee’s 
  facilities while performing work 
  connected with grading, regarding, 
  or changing the line of a Street or 
  public place or with the
  construction or reconstruction of a 
  sewer or water system.
  (b) In order for Grantor to assert its 
  rights to be indemnified, defended, 
  and held harmless, Grantor must 
  with respect to each claim:
     (1)Promptly notify a Grantee in 
     writing of any claim or legal 
     proceeding which gives rise to 
     such right;
     (2) Afford Grantee the opportunity 
     to participate in and fully control 
     any compromise, settlement or 
     other resolution or disposition of 
     any claim or proceeding; and
     (3) Fully cooperate with 
     reasonable requests of Grantee, at 
     Grantee’s expense, in its 
     participation in, and control, 
     compromise, settlement or 
     resolution or other disposition of 
     such claim or proceeding subject 
     to paragraph two (2) above.
10) Insurance. A Grantee shall maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including contractual liability coverage, in protection of Grantor in its capacity as such.  The policies of insurance shall be in the sum of not less than Three Hundred Thousand Dollars ($300,000) for personal injury or death of any one Person, and One Million Dollars ($1,000,000) for personal injury or death of two or more Persons in any one occurrence, Three Hundred Thousand Dollars ($300,000) for property damage to any one Person and One Million Dollars ($1,000,000) for property damage resulting from any one act or occurrence.
11) Franchise Fee.  
  (a) A Grantee will pay Grantor a 
  monthly franchise fee in the 
  amount of five (5%) percent of 
  Grantee’s Gross Revenues.   
  (b) The franchise fee shall be 
  payable monthly, together with a 
  brief report showing the basis for 
  the computation. 
  (c) The period of limitation for 
  recovery of any franchise fee 
  payable hereunder shall be three (3) 
  years from the date on which 
  payment by Grantee is due. 
SECTION 6. REVOCATION,
ABANDONMENT, AND SALE OR TRANSFER
12) Grantor’s Right to Revoke.  Grantor reserves the right to revoke, terminate or cancel a Franchise, if after strictly following the procedures required by Section 7.2 herein, it is determined that a Grantee has violated any material provision of its Franchise or this Ordinance and has failed to substantially cure said violation.
13) Procedures for Revocation.
  (a) Grantor shall provide a Grantee 
  with written notice of a cause for 
  revocation and the intent to revoke 
  and shall allow Grantee sixty (60) 
  days subsequent to receipt of the 
  notice in which to substantially 
  cure the violation or to provide 
  adequate assurance of performance. 
  Together with the notice required 
  herein, Grantor shall provide 
  Grantee with written findings of 
  fact which are the basis of the 
  revocation.
  (b) Grantee shall be provided the 
  right to a public hearing affording 
  due process before the Grantor 
  Council prior to revocation, which 
  public hearing shall follow the sixty 
  (60) day notice provided in 
  paragraph (a) above. Grantor shall 
  provide Grantee with written notice 
  of its decision together with written 
  findings of fact supplementing said 
  decision.
  (c) After the public hearing and 
  upon written determination by 
  Grantor to revoke the Franchise, 
  Grantee may appeal said decision 
  with an appropriate state or federal 
  court or agency.
  (d) During the appeal period, the 
  Franchise shall remain in full force 
  and effect unless the term thereof 
  sooner expires.
  (e) Upon satisfactory correction by 
  Grantee of the violation upon which 
  said notice was given, the initial 
  notice shall become void.
14) Sale or Transfer of Franchise. No sale or transfer of a Franchise shall take place without the written approval of the Grantor, which approval shall not be unreasonably withheld.  All of the rights, privileges, obligations, duties, and liabilities created by this Franchise shall pass to and be binding upon the successor or assign of a Grantee.  Said approval shall not be required where a Grantee grants a security interest in its Franchise and assets to secure indebtedness.
SECTION 7.  MISCELLANEOUS
PROVISIONS
15) Franchise Renewal. Any renewal of a Franchise shall be done in accordance with applicable federal law.
2.) Amendment of Franchise. A Grantee and Grantor may agree, from time to time, to amend a Franchise.  Such written amendments may be made at any time.
3.) Marketing. A Grantee shall have the right to conduct direct selling in the Franchise Area, including door to door sales, notwithstanding any peddler or solicitor laws or regulations to the contrary. At least thirty (30) days prior to conducting such sales, Grantee shall register with the Grantor’s clerk the names of all salespeople who intend to market door to door within the City.
4.) Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, unenforceable or unconstitutional by a decision of any authority or court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance and the remainder shall remain in full force and effect.
SECTION 8.  PUBLICATION,
EFFECTIVE DATE
16) Publication; Effective Date.  If applicable, this Ordinance shall be published in accordance with law.  The effective date of this Ordinance shall be November 30, 2020
Passed and adopted this _____day of _______________, 2020.
17) Acceptance.
  (a) Grantee shall accept this 
  Franchise by executing same. Such 
  acceptance by the Grantee shall be 
  deemed the grant of this Franchise 
  for all purposes. With its 
  acceptance, Grantee shall also 
  deliver any insurance certificates 
  required herein that have not been 
  previously delivered.
  (b) Upon acceptance of this 
  Franchise, Grantee shall be bound 
  by all the terms and conditions 
  contained herein.
  (c) Midcontinent Communications 
  is an Equal Opportunity/Affirmative 
  Action employer M/F/D/V.
  (d) Passed and adopted this 2nd day 
  of November, 2020.
A motion to approve the second reading of Ordinance #2020-09(Zoning of Property) was made by Brown and seconded by Roscoe. All in favor. Motion carried.
Ordinance 2020-09 (Zoning)
AN ORDINANCE ENTITLED, an ordinance to amend Section 1.03.01 adopted by Ordinance No 252, June 3,1996, as amended, of the Zoning Ordinance of the City  of Big Stone City .  
Be it ordained by the City Council  of the City  of Big Stone City , South Dakota:  that Section 1.03.01 adopted by Ordinance No. 252, June 3,1996, as amended, of the Zoning Ordinance of the City  of Big Stone City  be amended to classify the following property:
To R-Residential from A-Agricultural Lot A of Bogenreif First Addition, Consolidated Plat of Big Stone City.
Passed and adopted this day 2nd of November 2020.
/s/ Mayor
/s/ City  Finance officer 
A motion to remove Scott Stecker from the City council for lack of attendance was made by Athey and seconded by Longhenry. All in favor. Motion carried. The council will be seeking to fill this Ward 2 position.
Mary Smithwick from Big Rock Grill and Casino asked the council if they knew of anyplace where the US Post Office could possibly be moved to.
A resident asked to have the base water and sewer rates removed since they do not live in their house. It was discussed that as along as a house is one the property these base rates will stay in place as it has been done in the past.
    Being no further business, a motion was made to adjourn the meeting by Redfield and seconded by Longhenry and go into an Executive Session. Motion carried.
Next meeting to be held Monday, December 7, 2020 at 5:30 pm.
Being no further business a motion to go into Executive session  was made by Athey and seconded by Redfield. All in favor, motion carried. 
A motion to come out of executive session was made by Brown and seconded by Bruce. All in favor. Motion carried.
A motion was made by Athey and seconded by Roscoe to raise the wage of Pat Kaiser to $15.95 per hour. All in favor the motion carried.
   A motion was made by Longhenry and seconded by Redfield  to offer the finance officer $18.00 per hour. In favor: Brown, Longhenry, Roscoe, and Redfield. Opposed: Athey. Motion carried. 
A motion to adjourn the meeting was made by Brown and Seconded by Redfield. All in favor. Motion carried. 
November 5, 2020
5:00 p.m.
The Big Stone City council met in executive session on Wednesday November 5, 2020, Meeting began at 5:00 p.m. with Mayor Wiik presiding.  Roll Call: Roscoe, Athey, Redfield, Brown, Longhenry. 
A motion was made by Bruce and seconded by Darcy to adjourn from executive session.  Motion carried.
A motion was made by Longhenry and seconded by Roscoe to meet the request of the new finance office to pay $19.00 per hour. In favor: Longhenry, Roscoe, Redfield, opposed, Brown, Athey. Motion passed
Being no further business a motion to adjourn the meeting was made by Longhenry and seconded by Redfield. All in favor, motion carried
/s/ Deb Wiik, Mayor
ATTEST:
/s/ Patricia Kaiser
Finance Officer
 

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Grant County Review

Grant County Review
P.O. Box 390
Milbank, SD 57252
(605) 432-4516

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