Milbank City Council Proceedings

January 20, 2020

PURSUANT TO DUE CALL AND NOTICE THEREOF, a regular meeting of the City Council was duly held at City Hall at 7:00 PM. The following members were present: Mayor Pat Raffety, Councilmen Steve Wiener, Joel Foster, James Johnson, Evan Grong, Mike Hanson and Scott Hoeke. Absent: none.  Present from the staff: John Forman, Boyd VanVooren, Cynthia Schumacher, Don Settje, Dick Poppen, Darin Thiele, Scott Meyer, Ron Krause, Corey Hooth, Jake Folk, Ted Bray, Paige Zempel, Carl Bostrom and Kiel Zinter. Present from the public: Holli Seehafer, Ben Shelstad, Bo Shelstad, Mark Leddy, Peyton Bauer, Keira Steffen, Vaughn Kriesel, Janell Korstjens, Jenna Korstjens, Estella Schweer, Taylor Ulmer, Nycole Korstjens, Laurie Folk, Tracy Upton, Greg Thomas, Tom Nealon, Jerry Jungers, Mike Locke, Amy Locke, Craig Wellnitz, Bobbie Bohlen and Max Gonzenbach.

Mayor Raffety called the meeting to order and the roll call was taken.

Tom Nealon, First District Association of Local Governments, was present to discuss the Pre-Disaster Mitigation Plan. Nealon explained the plan needs to be updated every five years to be eligible for FEMA funding.  The city needs to identify hazards, hazard vulnerabilities and mitigation projects. 

Mark Leddy, on behalf of the Milbank Community Foundation (MCF), updated the Council on repairs and current capital projects taking place at Unity Square.  He emphasized the MCF is concerned about their long-term ability to maintain the facility. He stated the plan from many years ago to start a non-profit foundation that assumes the recreation responsibilities of governmental entity simply has not worked as originally planned.  The MCF feels it is time for the city of Milbank to retake and revitalize its role of providing recreational opportunities for its citizens.  Therefore, the MCF would like to transfer ownership and operation of Unity Square to the City of Milbank effective January 1, 2021.

Mayor Raffety stated it’s time to consider this proposal and decide if the City of Milbank should be back in the recreation business.

Raffety established the following committees to examine the status of the facility and its operations.  Councilman Grong, Finance Officer Schumacher and Mayor Raffety will review the finances and capital expenditures.  Councilmen Hanson and Wiener, Administrator Forman and Mayor Raffety to conduct a building inspection. Councilmen Johnson, Hoeke and Foster were asked to review all programming, current and proposed and their related costs.   

Several Scouts troops and leaders were present to observe the city council and gain government meeting exposure.  

A motion was made and seconded to approve the minutes of the December 9 and December 27, 2019 meetings. Motion carried 6-0.

A motion was made and seconded to approve the Consent Agenda. Motion carried 6-0.

Consent Agenda

1. Accept the resignation of Ryan Spanton effective 1/9/20. 

2. Advertise for wastewater maintenance worker.

3. Approve First District agreement for the GIS website, $4,500.

4. Approve First District agreement to Update the Zoning Ordinance & Map, $5,000.

5. Designate the Grant County Review as the official city newspaper for FY 2020.  

6. Approve Ron Krause Sr. as Park/Cemetery Manager, 6-5, 1/13/20.

7. Approve update to Employee Policy Manuel, Section 7.10 Holidays and Appendix A – 

    2020 Salary Grid 

DEPARTMENT REPORTS

Police – Councilman Hanson gave the monthly report. A grant was received to equip all the patrol vehicles with AEDs.

Police Chief VanVooren paid tribute to Officers Corey Hooth, Ted Bray and Jake Folk for their dedication and years of service to the Police Department.  Officer Corey Hooth has been with the department 18 years. Ted Bray, 12 years of service and Jake Folk, eight years.  All three officers served as reserves before joining the department full time.

Planning & Zoning – The matter of approving and recommending Tax Incremental District Three plan, City of Milbank was presented to the City Council. After discussion of the same, and after public comment on the proposed tax incremental district, member Hoeke moved that the following resolution be passed. Motion was seconded and passed 6-0.

RESOLUTION 1-13-20D

RESOLUTION APPROVING AND

RECOMMENDING OF

TAX INCREMENTAL DISTRICT PLAN NUMBER THREE, CITY OF MILBANK

WHEREAS, the Planning Commission of City of Milbank, South Dakota, received an application to create a Tax Incremental District and thereafter prepared a Notice of Hearing held on December 2nd, 2019 advising interested parties that they were being given a reasonable opportunity to express their views on the proposed creation of a Tax Incremental District on real property consisting of the following parcels:

District Legal Description: Leo P Flynn Third addition Lot 2 & 3 Block 1

All Located in the City of Milbank, Grant County, South Dakota, including within and adjacent rights-of-ways.

WHEREAS, such Notice was published in the official newspapers in City of Milbank not less than ten (10) nor more than thirty (30) days from the date of the hearing which was held on December 2nd, 2019

WHEREAS, a copy of the Notice was sent prior to publication by first-class mail to the Chief Executive Officers of the following taxing entities:

Grant County Commission

City of Milbank

Milbank School District

Grant County Water District

WHEREAS, a hearing was held on December 2nd, 2019, as provided in such Notice, and all interested parties were allowed a reasonable opportunity to be heard on the proposed Tax Incremental District Three plan; 

NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Milbank, South Dakota:

Authority and declaration of necessity.   Pursuant to SDCL §§ 11-9-4 & 11-9-13, City of Milbank - City Council hereby declares the necessity to form a tax incremental district in the City of Milbank. 

NOW, THEREFORE, IT IS HEREBY RESOLVED:

Authority and Declaration of Necessity.  The City Council declares the necessity for the approval of Tax Incremental District Number Three plan, City of Milbank, Grant County (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9, and finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the County and the City of Milbank.

Findings.  The City Commission makes the following findings with regard to economic development:

More than 50% of the property in the District by area will stimulate and develop the general economic welfare and prosperity of the city by developing affordable housing;

Improvements to the District will significantly and substantially enhance the value of all property within the District;

The aggregate assessed value of the District plus the tax incremental base of all other existing Districts in the City does not exceed Ten (10%) percent of the total assessed valuation in the City;

Creation of District.  There is hereby created, pursuant to SDCL Chapter 11-9, Tax Increment District Number Three, City of Milbank, South Dakota.  The District is hereby created on the day this resolution becomes effective which shall be twenty (20) days after publication of this resolution.

Boundaries of District.  The Boundaries of the district are determined to be as follows: 

Leo P Flynn Third addition Lot 2 & 3 

Block 1

Adoption of Tax Increment Plan. The City Council of the City of Milbank does hereby adopt the Tax Increment Plan Number Three as presented.

Passed this 20th day of January 2020

Aye: 6  Nay: 0  Absent: None.

Pat Raffety, Mayor

ATTEST

Cynthia Schumacher, 

Finance Officer

A motion was made and seconded to approve Resolution 1-13-20A. Motion carried 6-0.

RESOLUTION 1-13-20A

Whereas, Locke Homes, Inc, a South Dakota Corporation, Owner(s) of hereinafter described real property has submitted to the governing board a proposed plat of “Lots 1, 2, 3 and 4 of Ward’s Second Addition to the City of Milbank, South Dakota”, and the Board of City Council of said City having examined the proposed plat and it appearing that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to law.

Mike Cordingley, Chairman,

Planning Commission

NOW, THEREFORE, BE IT RESOLVED that said plat and survey be and are hereby in all things accepted and approved.  

Dated this 20th day of January 2020.

Pat Raffety, Mayor

ATTEST

Cynthia Schumacher, 

Finance Officer

A motion was made and seconded to approve Resolution 1-13-20B.  Motion carried 6-0.

RESOLUTION 1-13-20B

Whereas, Scriver Garage Condos, LLC, Owner(s) of hereinafter described real property has submitted to the governing board a proposed plat of “Block 1; and Lots 1, 2, 3, 4, 5, 6 and 7 in Block 1 of Scriver Garage Condos Addition to the City of Milbank, Grant County, South Dakota, and the Board of City Council of said City having examined the proposed plat and it appearing that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to law.

Mike Cordingley, Chairman, 

Planning Commission

NOW, THEREFORE, BE IT RESOLVED that said plat and survey be and are hereby in all things accepted and approved.  

Dated this 20th day of January 2020.

Pat Raffety, Mayor

ATTEST

Cynthia Schumacher, 

Finance Officer

A motion was made and seconded to approve Resolution 1-13-20C. Motion carried 6-0.

RESOLUTION 1-13-20C

BE IT RESOLVED: That in order to provide a coordinated effort and response to an emergency situation at the Lake Farley Dam, The Milbank City Council deems it advisable in the best interest of the City of Milbank to approve said updated Emergency Action Plan in response to an accident involving the Lake Farley Dam.

Passed and Approved this 20th day of January 2020.

Aye: 6  Nay: 0  Absent: None.

Pat Raffety, Mayor

ATTEST

Cynthia Schumacher, 

Finance Officer

December Permits: No permits issued.

Water – Councilman Wiener gave the monthly report. The pump for the underground storage tank was removed for repairs. The City is utilizing 82% spring water.

Administrator Forman stated that the water protection agreements have been sent to the property owners.  

Personnel – No report.

Finance – A motion was made and seconded to approve the December/ year-end Treasurer’s Report. Motion carried 6-0.

A motion was made and seconded to approve bills list, $359,936.91. Motion carried 6-0.

CLAIMS 1/13/2020

Adler Feed & Seed, supplies, $22.76; Advanced Technologies Inc., shipping, $75.16; American Engineering Testing, testing, $432.60; Apex Iron Works & Fabrication, expansion tanks, $1,743.95; AT&T Mobility, cell phone, $413.08; Auto Value Parts Store, parts, $556.97; Avera Medical Group, exam, $138.00; Ban-Koe Systems, Inc., fire inspection/monitoring, $1,615.00; Banner Associates, Inc., engineering, $390.00; CHS, gas/oil, $3,642.42; Climate Systems Inc., PM contract billing, $1,063.75; Corporate Technologies, service agreement, $584.00; Eastside Car Wash, snow removal/truck wash usage, $392.22; Electric Pump, parts, $5,599.92; First Bank & Trust, registration fee, $50.00; First District Assn of Local Govn’t, dues/GIS website maint., $13,579.11; Food-N-Fuel, gas, $37.00; Gall’s LLC, uniforms, $87.77; GCC Consolidated Ready Mix Inc., crane rental, $364.00; Gesswein Motors, service vehicle, $31.42; Grant County Auditor, services, $2,525.00; Grant County Review, publications, $301.12; Hanson, Nolan, snow removal, $320.00; Hartman’s Family Foods, supplies, $57.88; Heiman Fire Equipment, parts, $557.98; Helms & Associates, engineering, $297.50; Hillyard, supplies, $288.00; Hooth, Corey, clothing allowance, $100.00; ITC, telephone/internet service, $907.10; J&J Earthworks Inc., snow removal, $16,451.25; Kibble Equipment, parts/oil/skid steer, $70,917.33; Lewis Drug Stores, supplies, $66.47; Loeschke Ag Repair LLC, tractor repairs, $565.75; Michael Todd & Co. Inc., lightbar, $177.79; Midwest Power Sports, parts, $544.24; Milbank Communications, antenna kit, $44.50; Milbank Ford-Mercury, vehicle repairs, $277.02; Milbank Winwater, parts, $1,438.37; NAPA Auto Parts, parts/supplies, $2,521.53; Norm’s Auto & Truck Repair, equipment repairs, $350.00; Northern Balance & Scale, service and calibrate scale, $181.00; Otter Tail Power Co., electric, $18,241.97; Petty Cash, postage/supplies, $126.71; Praxair Distribution Inc. , service air system equipment, $26.25; Purchase Power, postage/meter fee, $2,355.95; RC Technologies Inc., services, $45.95; RDO Equipment, equipment repairs, $1,613.84; Roger’s Electric Motor, parts/supplies, $828.50; Running’s Supply, Inc., parts/supplies, $1,060.56; SD Airport Management Assn, dues, $25.00; SD Assoc of Code Enforcement, dues, $80.00; SD Building Officials Assn, dues, $55.00; SD City Management Assn, dues, $150.00; SD DENR, discharge permit, $3,500.00; SD DENR-Board of Operators, certification, $78.00; SD Dept of Revenue & Regulation, sales tax, $143.99; SD Government Finance, dues, $40.00; SD Human Resource Assn, dues, $50.00; SD Municipal Street Maintenance, dues, $70.00; SD One Call, one calls, $3.15; SD Police Chiefs’ Assn, dues, $99.69; SD Public Assurance Alliance, liability/property insurance, $112,653.12; SD Public Health Lab, dues, $90.00; SDML, dues, $2,793.50; SDML Workers Comp Fund, work comp ins., $25,880.00; Seehafer Hardware, supplies, $24.77; Star Laundry & Cleaners, rugs, $73.42; Street Graphex, name plate, $17.30; Sturdevants Auto, parts, $230.68; Twin Valley Tire, tire service, $94.29; Unity Square, membership dues, $200.00; UPI, gas, $1,428.67; US Bank, bond payment, $52,951.51; US Postal Service, postage, $360.00; Valley Office Products, supplies, $175.20; Valley Rental & Recycling, recycling agreement, $650.00; Wherry Snow Removal, snow removal, $410.00; Whetstone Home Center, supplies, $26.29; Whetstone Valley Electric, electric, $903.58; Wilbur Ellis, FBO Contract, $1,200.00; Wittrock & Sons, garbage service, $1,155.00; Xerox Corporation, copier lease, $260.52; Zempel, Paige, travel expense, $55.54 

$359,936.91 

A motion was made and seconded to approve Resolution 1-13-20. Motion carried 6-0.

RESOLUTION 1-13-20

SALARIES 2020

BE IT RESOLVED by the City Council of the City of Milbank, South Dakota, the following salaries will be in effect for the second pay period of January 2020 through the first pay period of 2021, except where new employees are hired and police certification raises are given.

Name              2020 Grade     2020 Salary

Blauert, Brandy 4-4 $18.94hr

Bostrom, Carl 5-4 $20.60/hr

Bray, Ted 5-7 $22.45/hr

Folk, Jacob 5-7 $22.45/hr

Forman, John 10-8     $6,624.68/mo

Heidemann, 

David 1-2 $14.85./hr

Holland, Roger $10.00/hr

Hooth, Corey 7-8 $25.36/hr

Krahn, Sue Ann $11.30/hr

Krause Sr, Ron 6-5 $22.51/hr

Meyer, Scott 6-5 $22.51/hr

Morton, Jesse 4-1 17.24/hr

Poppen, Richard 8-10     $5,296.40/m

Schuelke, Kevin 6-2/fire chief             $1,627.00/mo

Schumacher, 

Cynthia 6-10 $25.87/hr

Settje, Don 6-6 $23.17/hr

Thiele, Darin 6-8 $24.53/hr

VanHoorn Jr. Ron 4-8 $21.20./hr

VanVooren, Boyd 9-6       $5,467.01/mo

Wherry, Richard $.60/meter

Zempel, Paige 5-2 $19.37/hr

Zinter, Kiel 5-1 $18.73/hr

Aye: 6  Nay: 0  Absent: None.

Dated this 20 day of January 2020.

This resolution is effective upon passage. Pat Raffety, Mayor

ATTEST

Cynthia Schumacher, 

Finance Officer

December Salaries: Mayor/Council $1,600; Finance $14,591; Police $27,033; Fire $1,559; Street $13,580; Rubble Site $809; Park $3,242; Water $5,179 Wastewater $13,850.

Fire – Councilman Grong read the monthly report.  

Street – The monthly report was read. A motion was made and seconded to approve hiring Jeff Loutsch, street maintenance worker, 4-3, $18.40. Motion carried 6-0.

Councilman Johnson, Councilman Hanson, Chief VanVooren and Administrator Forman met to discuss sidewalks and the bike path system.  Areas specifically addressed were Ninth Street between Fourth and Seventh Avenues and Seventh Avenue between the bike path and Viola Street. Also, Milbank Avenue from Middlebrook to Fourth Avenue.  

Mayor Raffety stated the maintainer/grader is not running. We need to evaluate if it is worth repairing.  

The Council discussed parking and traffic issues on the 400 block of Seventh Street and the possibility of changing that block to no parking.  Chief VanVooren was asked to contact the adjacent property owners.

Rubble Site – The monthly report was read. A large volume of trees is being collected due to an East River Electric project.

Legion Baseball Field Update – ICON representatives are expected to be at the February meeting.

Housing – No report.

Attorney – No report.

Airport – Aircraft emergency response training was held.

Wastewater – Councilman Foster read the monthly report. They have been busy working on the panel view; the VPN needs to be repaired.  

Property Standards – Administrator Forman stated 133 compliance letters were sent out in 2019.  Overall, property owners were compliant.  

Park – The ice-skating rink has been busy.

Adjourn –The next regular meeting will be February 10, 2020, at 7:00 PM.  A motion was made and seconded to adjourn.  Motion carried 6-0.

/s/ Pat Raffety,

Mayor

ATTEST:

/s/ Cynthia Schumacher,

Finance Officer