Milbank City Council Proceedings • May 11, 2020

Milbank City Council Proceedings
May 11, 2020
PURSUANT TO DUE CALL AND NOTICE THEREOF, a regular meeting of the City Council was duly held via teleconference at 7:00 PM. The following members were present: Mayor Pat Raffety, Councilmen Steve Wiener, Mike Hanson, Joel Foster, James Johnson and Scott Hoeke. Absent: none. Present from the staff: Attorney Mark Reedstrom, John Forman, Boyd VanVooren, Cynthia Schumacher, Brandy Blauert, Kevin Schuelke, Dick Poppen, Darin Thiele, Scott Meyer and Ron Krause. Public present: Bobbie Bohlen, Mark Wegner, Kathy Ward, Laurie Folk, Holli Seehafer, Josh Karels and Dawn Hoeke.
Mayor Raffety called the meeting to order, and the roll call was taken.
Mark Wegner, President of the Sisseton Milbank Railroad (SMRR), reported the Twin Cities Western Railroad Company purchased the SMRR in 2012. The SMRR is operating on 1880’s rails. The federal BUILD grant targets rural areas for infrastructure improvements. Roberts County has agreed to sponsor the federal US DOT BUILD grant. If awarded, the entire line through Grant and Roberts Counties would be rebuilt. Wegner stated having a vibrant long-term freight rail infrastructure with competitive freight rail options will lead to more economic growth in northeast SD. Wegner requested a letter of support for the project from the Milbank Council. 
A motion was made and seconded to authorize the Mayor to sign a letter of support. Motion carried by roll call vote, 5-0.
Minutes – A motion was made and seconded to approve the minutes of the April 13 and May 1, 2020 meetings. Motion carried 5-0.
Consent Agenda – A motion was made and seconded to amend the Consent Agenda. Motion carried 5-0.
A motion was made and seconded to approve the Consent Agenda as amended. Motion carried 5-0.
Consent Agenda
1. Amend seasonal salaries: Alec Bien-$10.25; Riley Gauer-$10.25, Jacob Karges-$10.25; Charles Schamber-$12.00 effective 4-13-20.
2. Declare 2014 Ford utility police Interceptor surplus, appraise and sell by sealed bids, June 5, 2020, 9:00 a.m.
Water – Administrator Forman stated they are reviewing a maintenance agreement for the water storage tanks.
Street – The department has been busy with general spring maintenance, sweeping residential streets, prepping gravel roads for dust control, preparing the mowers and mosquito spraying equipment.
Resolution 5-11-20 pertaining to stop and yield signs around the school areas and on Viola and Seventh Street was introduced. Following discussion, a motion was made and seconded to table the resolution allowing further review.  The Council members are encouraged to drive-walk the areas and provide feedback. 
Rubble Site – The site has been busy. Several house demolitions and tree removal jobs have brought a large volume in. J&J has removed most of the crushed concrete supply from the site with plans of bringing in the crusher to restock.
John Hickman has taken care of the scrap metal and some electronic removal from the site at no cost. The Council reviewed the disposal fess for electronics. Following discussion, a motion was made and seconded to reduce the collection fees of television to $10/Grant County residents and $15/non county residents. Motion carried 5-0. 
Administrator Forman and Chief VanVooren discussed the use of security cameras at the rubble site to eliminate after hour access by residents and contractors. The cameras would integrate with the existing city security camera system. The estimate is $3,675. The Council requested additional information for the July meeting. 
Baseball Complex – No report.
Finance – A motion was made and seconded to approve the April Treasurer’s Report. Motion carried by vote, 5-0.
A motion was made and seconded to approve the bills list, $100,348.93. Motion carried 5-0.
Advanced Technologies Inc., shipping, $220.28; American Engineering Testing, testing, $432.60; AT&T Mobility, cell phone, $411.91; Auto Value Parts Store, parts, $265.29; Berkner Excavating, repairs, $448.40; Big State Industrial Supply, supplies, $239.76; Bituminous Paving, Inc., asphalt, $918.00; Border States Coop, grease, $390.00; Bostrom, Carl, supplies, $107.07; BSN Sports Inc., batting cage net, $775.00; CHS, gas, $1,936.85; City of Milbank, deposit to final bills, $178.42; Climate Systems, PM contract, $1,063.75; Companion Life Ins, admin fee, $10.00; Corporate Technologies, service agree/equipment/software, $8,117.00; Eastside Car Wash, truck wash usage/rental, $195.18; EideBailly, 2019 audit, $10,350.00; Elvik, Anna, deposit refund, $21.58; First Bank & Trust, supplies, $163.58; Food-N-Fuel, gas, $382.36; Galeton, supplies, $161.52; Gesswein Motors, vehicle repairs, $66.00; Grant County Auditor, services, $2,525.00; Grant County Register of Deeds, copies/recording fees, $34.00; Grant County Review, publications, $757.26; Hach Company, supplies, $1,694.96; Hawkins, Inc., chemicals, $1,683.76; Heiman Fire Equipment, imager, $2,130.05; Hilbrands, Ryan, clothing allowance, $33.99; Hillyard-Sioux Falls, supplies, 151.04; Insurance Benefits, Inc., liability insurance, $1,554.00; ITC, telephone/internet /upgrades, $4,211.18; Kromer Co. LLC, parts, $658.24; Midwest Powersports Inc., vehicle repairs, $347.49; Milbank Communications, supplies, $265.85; Milbank Ford -Mercury, vehicle repairs, $118.29; Milbank Winwater, parts, $3,136.23; NAPA Auto Parts, parts/supplies, $133.72; Nelson Valuation Services, appraisals, $700.00; Norm’s Auto & Truck Repair, vehicle repairs, $1,010.03; NW Energy, natural gas, $838.84; Otter Tail Power Co., electric, $17,740.36; Petty Cash, supplies/ postage, $8.09; Praxair Distribution Inc., service air system, $26.71; RC Technologies Inc., services, $45.95; Roger’s Electric Motor, parts/supplies, $42.15; Running’s Supply, Inc., parts/supplies, $868.77; SD Dept of Revenue & Regulation, sales tax, $317.00; SD One Call, one call, $24.15; SD Public Health Lab, testing, $86.00; Star Laundry & Cleaners, rugs, $92.28; Sturdevants Auto, parts, $345.43; Twin Valley Tire, tires/tire service, $358.59; Unity Square, community days, $13,000.00; UPI, gas, $961.41; US Postal Service, postage, $360.00; USA Bluebook, supplies, $1,556.39; Valley Office Products, supplies, $115.00; Valley Queen Cheese Factory, sanitizer/dispensers, $1,557.08; Valley Rental & Recycling LLC, recycling agreement, $650.00; Van Diest Supply Co., mosquito chemicals, $10,150.80; VanHoorn, Ron, soil testing, $199.60; Whetstone Sanitation, portable restroom, $25.00; Whetstone Valley Electric, electric, $955.12; Wilbur Ellis, FBO Contract, $1,200.00; Wittrock & Sons, metal pickup, $360.00; Xerox, copier lease, $214.49 
$ 100,098.93 
A motion was made and seconded to approve the malt beverage & SD wine license applications for: Grandstay Hotel, Habanero’s, The Back-Door Pub, The Pump, Top Hat Lanes. Motion carried by roll call vote, 4-0. Hoeke abstained.
The Council reviewed and made corrections to the city’s information on the pre-disaster mitigation plan. Administrator Forman stated the current pre-mitigation plan has expired. It is urgent that the plan be completed and submitted to FEMA as soon as possible to be eligible for FEMA funds with the occurrence of future needs.
Mayor Raffety made the recommendation that the Visitor Center remain closed. 
April Salaries: Mayor/Council $1,600; Finance $14,920; Police $25,845; Fire $1,627; Street $9,212; Rubble Site $810; Park $3,889; Water $4,415; Wastewater $12,968.
Planning & Zoning – Upon recommendation of the P&Z commission, a motion was made and seconded to approve Resolution 5-11-20. Motion carried 5-0.
Planning & Zoning – Upon the recommendation of the P&Z Commission, a motion was made and seconded to approve Resolution 5-11-20.
THIS LOT MERGER AGREEMENT is made this 11th day of May, 2020 by and between Boyd VanVooren and Annette VanVooren (hereinafter called “Property Owner”), and the CITY OF MILBANK, SOUTH DAKOTA, (hereinafter called “City”).
WHEREAS, Property Owner owns two or more contiguous lots located in a residential zoning district of the City; and
WHEREAS, Property Owner has applied for Building Permit Number 2020-26 to construct an accessory structure; and
WHEREAS, Property Owner desires to use the above described lots in service of a single principal residence; and
WHEREAS, merger of the lots is required by Section 17.24.
The City and Property Owner agree as follows:
1. Property Owner and City do hereby agree that the lots described as LOTS FIVE (5), SIX (6), SEVEN (7), OF THE PLAT OF SUBLOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), and NINE (9), OF HENZE SUBDIVISION OF LOT ONE (1) BLOCK THREE (3) OF BOHLEN’s FIRST ADDITION, CITY OF MILBANK, GRANT COUNTY, SOUTH DAKOTA, the plat for which is recorded in the Register of Deeds of Grant County in Plat Case 1, #157, and as more fully described in a deed from Phyllis F. Henze to Boyd VanVooren and Annette VanVooren dated February 18, 2010 and recorded at the Register of Deeds of Grant County in Book 113, Page 790 (“the Lots) are subject to the terms and conditions of this agreement. 
2. Upon execution of this Agreement by all parties, the Lots 5, 6, 7, shall be merged for the purpose of serving a single principle use as described by and under the conditions imposed by Section 17.24.
3. This agreement shall be recorded at the Register of Deeds of Grant County at the expense of the Property Owner. 
4. For the purposes of complying with City of Milbank zoning and subdivision codes, lot lines separating the Lots, as shown on the referenced subdivision plat, shall no longer be considered as lot lines for any zoning or subdivision purpose, and the Lots shall, for building and development purposes be considered as a single lot. 
5. The parties hereby agree that the Lots shall not be unmerged or re-subdivided except in compliance with the ordinances of the City of Milbank. 
6. The parties further agree that this Agreement is intended to bind future use and development of the lots and shall survive any conveyance of the individual lots merged by this Agreement. 
7. Property Owner and City agree and understand that this Agreement shall not affect the legal description or title to the Lots. 
8. The obligations and benefits of this Agreement shall be binding upon and inure to the parties to the Agreement, their legal representatives, successors, and assigns. 
The parties do here unto set their hands and seals on the date and year first above written. 
Boyd VanVooren, Property Owner
Annette VanVooren, Property Owner
IN TESTIMONY WHEREOF, the said grantor has caused these presents to be executed in its corporate name, by the Mayor and the City Finance Officer of the said City of Milbank, Grant County, South Dakota, this 11th day of the month of May, in the year 2020.
THE CITY OF MILBANK, Grant County, South Dakota,
a municipal corporation,
By: Pat Raffety, Mayor
Cynthia Schumacher, 
Finance Officer
April Permits: 
Building Permits: Jeremy Johnson-1006 S Viola St-accessory structure. Russell Jury-203 E Milbank Ave-house/garage. Crestone Builders-904 E Milbank Ave-apartment complex. David Stengel-322 N Dakota St-accessory structure. Locke Homes-209 Track Ave-house/garage. Kevin Roggenbuck-1111 S Dakota St-attached garage. Mark Boerger-412 S 4th St-deck. 
Demolition Permits: Valley Queen Cheese Factory-309 S 1st St-house.
Sign Permits: Neon Pride-516 W 4th Ave.
Roofing Permits: Miles DeVries-209 N 1st St-steel. 
Fence Permits: Bryan Huber-701 E 12th Ave-wood. Eric Pulling-501 Kerrydon Dr-wood.
Tim Gonzales-701 S 3rd St-wood. Trey Jankord-221 W 3rd Ave-wood. Michael Waldner-807 S 5th St-wood.
Special Event Permits: None.
Fire – Chief Schuelke state all district and regional schools have been canceled. Small local drills continue.
Unity Square – The marketing plan will begin this week. Improvements continue including painting and carpeting.
Attorney – Administrator Forman obtained a quote to raze the structures at 208 ½ N. 1st St. The council determined the structure was unsafe. A motion was made and seconded authorized the demolition of said structure at a cost not to exceed $4,000. Motion carried 5-0.
Airport – Administrator Forman announced the FAA has granted additional funds to all airports. Milbank’s allotment is $20,000 for operation expenses. 
The City’s federal grant agreement for land acquisition was amended to 100% reimbursement instead of the original 90% reimbursement.
Wastewater – Councilman Foster read the monthly report. The plant is running good, chlorination began May 1st. 
Park – The monthly report was read. Seventy memorial trees were received and potted. Twenty loads of brush and trees were removed from below the dam. The docks were put in at Lake Farley.
Ordinance 829 – An ordinance to acknowledge and create the Milbank Park and Recreation Board was discussed. A motion was made and seconded to approve the second reading of Ordinance 829. Motion carried by roll call vote, 5-0.
The Council discussed opening and use of city parks. It was decided the park restrooms and campground would remain closed. The parks are open, no large groups activities are being permitted.
Police – Chief VanVooren reported that Officer Zinter will be returning to the academy. 
The Council reviewed the Law Enforcement Policies and Procedures Agreement with the SDPAA. Attorney Reedstrom recommended approval. A motion was made and seconded to approve the Policies and Procedures Agreement. Motion carried 5-0. 
Adjourn –The next regular meeting will be May 11, 2020, at 7:00 PM. A motion was made and seconded to adjourn. Motion carried 6-0.
/s/ Pat Raffety,
/s/ Cynthia Schumacher,
Finance Officer