Milbank City Council Proceedings, September 12, 2022

September 12, 2022

PURSUANT TO DUE CALL AND NOTICE THEREOF, a regular meeting of the City Council was duly held at City Hall at 7:10 PM. The following members were present: Mayor Pat Raffety, Councilmen Roger Briggs, Mike Hanson, Josh Karels, Mindy Rogers, Craig Weinberg. Absent: John Weyh. Present from the staff: Attorney Mark Reedstrom, John Forman, Cynthia Schumacher, Boyd VanVooren, Scott Meyer, Don Settje, Cody Pohlen, Darin Thiele, and Ron Krause. Public present: KC Blankenship, Elaine Will, Richard Will, Keith Weber, Ron Waletich, Betty Dockter, Jacob Ebsen, Matt Scott, Randy Twistol, Lance Johnson and Holli Seehafer.

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

PUBLIC COMMENTS – Several residents from the Vista Villa area were present to express concerns about current drainage issues and potential issues that could arise from the proposed storage unit facility west of the Vista Villa Addition. The residents requested assistance from the Council to review the drainage issues in the area and develop a drainage plan prior to allowing additional construction. No action was taken, and Administrator Forman was directed to assess the area drainage.

MINUTES – A motion was made and seconded to approve the minutes from the August 8 and August 15, 2022, meetings. Motion carried 5-0.

Consent Agenda – A motion was made and seconded to add the facility rental agreement with the Milbank Area Lions Swim Team, to the consent agenda. Motion carried 5-0.

A motion was made and seconded to approve the consent agenda as amended, 5-0.

Amended Consent Agenda

1. KMSD/Big Stone Radio - City Goes Country – Lake Farley, 10/1/22, 10:00 am-3:00 pm.

2. Approve Grant Authorization for FEMA Flood Mitigation Assistance for the Pribyl Park area.

3. Approve Facility Rental Agreement with the Milbank Area Lions Swim Team.

4. Intent to Lease – Resolution 9-12-22.

5. Intent to Lease – Resolution 9-12-22A.

RESOLUTION 9-12-22

City of Milbank - Resolution of Intent to Lease Real Property

Whereas, the City of Milbank, Grant County, South Dakota, now owns certain hay ground described as the Southeast Quarter of the Northeast (SE1/4 NE1/4) Section 16, Township 120 North, Range 50 West of the 5th P.M., Grant County, South Dakota, containing approximately thirty-three acres, more or less; and

Whereas, the City deems it advisable to lease the above-described real property to the highest bidder for up to two (4) years, for an amount exceeding $500 annual value; and

Therefore, Be It Resolved that a public hearing will be held on the 10th day of October 2022 at the Regular Council Meeting, to consider the adoption of the resolution authorizing the lease of the above-described real property to the highest bidder.

 

This Resolution was adopted at a meeting of the Milbank City Council held on the 12th day of September 2022.

Aye: 5 Nay: 0 Absent: John Weyh

Pat Raffety, Mayor

ATTEST:  Cynthia Schumacher, 

Finance Officer

RESOLUTION 9-12-22A

City of Milbank - Resolution of Intent to Lease Real Property

Whereas, the City of Milbank, Grant County, South Dakota, now owns certain farmland located within

1. Lot 1, Jurgens and Milbank Airport Addition, in Government Lots 3 and 4, all in the North Half of the Northwest Quarter (N1/2NW1/4) of Section 3, Township 120 North of Range 48 West of the 5th P.M., Grant County, South Dakota consisting of 18.76 acres and

2.Lot 1, Milbank Airport Fourth Addition in Government Lots 7, and 8 all in the North Half of the Northwest Quarter of Section 3, Township 120 North of Range 48 West of the 5th P.M., Grant County, South Dakota consisting of 21.79 acres.

Whereas, the City deems it advisable to lease the above-described real property for up to two (2) years; and

Therefore, Be It Resolved that the public hearing will be held on the 10th day of October 2022 at the Regular Council Meeting, to consider the adoption of a resolution authorizing the lease of the above-described real property.

This Resolution was adopted at a meeting of the Milbank City Council held on the 12th day of September 2022.

Aye: 5 Nay: 0 Absent: John Weyh

Pat Raffety, Mayor

ATTEST: Cynthia Schumacher, 

Finance Officer

DEPARTMENT REPORTS

Lake Farley – Administrator Forman updated the Council on the campground, soccer, and baseball field projects.

Park & Cemetery – Councilwoman Rogers reported the department is busy with routine fall maintenance, and installation of the new play equipment, restrooms, and shelters. 

Administrator Forman stated no bids were received for the backstop system, backstop pads, dugouts, or dugout benches. Forman is collaborating with vendors to obtain competitive prices.

Administrator Forman stated a camera had been ordered. Intentions are to install it at Lake Farley. 

The new precast restrooms have arrived and are being installed this week at Lake Farley and Jack & Jill parks. Crews have arrived to erect the new shelters. 

Unity Health & Fitness – Councilman Rogers reported the Summer Celebration is Saturday, September 17. The event will include yard games and inflatables, 3x3 basketball and cornhole tournaments, 4-H petting zoo, group fitness demonstrations, prizes, membership discounts and food truck vendors.

Flag football is underway with 166 participants. Keyes gave thanks to the vast number of volunteers. Cycle classes are at full capacity. Two new aerobic classes have been added. 

The pool heater was replaced, and the water is back up to proper temperature. The boiler installation will begin by month end. Chappell Central is on site installing the INET for the heating and cooling system. 

No bids were received for the Unity lobby remodel project. Banner Associates is collaborating with contractors to secure a quote and time frame for the remodel. 

Fire – No report.

Rubble Site – The area was mowed, and trees removed. The contaminated solid and compost piles were turned.

Street – Routine maintenance continues. Salt sand was delivered for the winter. 

Mayor Raffety reiterated that the part of Lloyd Street located between Virgil Avenue and Milbank Avenue is private property. Unfortunately, it is used heavily by the public. The owner has expressed he would like the city to take ownership of that track of land. Mayor Raffety communicated a formal request to the city needs to be made before any consideration would be given.

Airport – The quarterly pilots meeting was held. Additional hangar space is desired.

Finance – A motion was made and seconded to approve the August Treasurer’s report. Motion carried 5-0.

A motion was made and seconded to approve the bills list, $1,210,166.29. Motion carried 

5-0.

CLAIMS 9/12/2022

Amazon, supplies/uniforms/equipment, $188.60; Advanced Technologies Inc., shipping/supplies/installation , $919.93; American Engineering Testing, testing, $251.00; Associated Supply Company, parts/chemicals, $581.62; AT&T, cell phone, $683.10; Auto Value Parts Store, parts/supplies, $566.98; Automaxx CDJR Inc, vehicle repairs, $862.50; Banner Associates, Inc., engineering, $35,561.85; Beacon Athletics LLC, youth baseball template, $297.00; Berens Market, supplies, $79.92; Berkner Excavating & Gravel, repairs/site prep, $15,917.47; BIB, background checks, $14.00; Big State Industrial Supply, supplies, $173.58; Black Strap Inc., road salt, $2,305.47; Balloonatic, summer celebration, $342.00; Bostrom, Carl, travel expense, $100.02; BSN Sports Inc., program equipment, $461.16; Card Pointe, card fees, $227.13; CHS, gas/oil, $3,056.59; City of Milbank, deposit refund, $156.74; Cole Papers Inc., supplies, $3,088.99; Companion Life Ins., admin fee, $10.00; Corporate Technology, service agreement/maintenance, $1,700.88; Dakota Playground, shades, $19,247.00; Dewey's Lawn Care, edging, $129.48; Duraedge Products Inc., infield mix, $24,062.50; Eastside Car Wash, rental fee, $85.00; Energy Laboratories Inc., testing, $2,619.00; Escalade Sports, basketball hoops, $958.40; FACe-Propay, transaction fees, $12.08; Ferguson Waterworks #2516, meters, $18,720.00; Fineday, Christine, refund, $40.00; Folk, Jake, travel expense, $14.00; Food-N-Fuel, gas, $109.92; GCC Consolidated Ready Mix Inc., sand, $22,865.21; Grant County Auditor, county services, $1,675.00; Grant County Development Corp, allocation, $17,500.00; Grant County Review, publications, $952.35; Hach Company, testing supplies, $580.26; Hawkins, chemicals, $6,069.57; Heartsmart, EAD batteries, $185.31; Heiman Fire Equipment, lights/helmets, $935.65; Hope Karels, training/travel expense, $446.44; Inland Truck Parts & Service, parts, $231.85; Instant Events, summer celebration, $207.77; Interstate All Battery Center, batteries, $173.00; ITC, telephone/internet service, $1,570.09; J&J Earthworks Inc., class 5 base/road work, $52,325.64; J&J Earthworks Inc., Baseball Field-Ph 1 project, $171,875.65; Jefferson Lines, shipping, $113.75; John Deere Financial, parts, $67.00; Kelly Kutters, mowing contract, $16,784.78; Les Mills United States Trading, virtual bundle, $598.00; Lewis Drug, supplies, $33.86; Linde Gas & Equipment, service air system, $48.87; MHM Contracting, LTD, concrete projects, $1,500.00; Mike's Stump Grinding, stump removal, $320.00; Milbank Area Chamber of Commerce, allocation, $14,500.00; Milbank Fire Department, building rent, $7,500.00; Milbank Glass & More, September rent, $                1,000.00; Milbank Refrigeration, building repairs, $109.95; Milbank Winwater Co., parts/drainage pipe, $33,467.28; Minn-Dak Fire & Safety, extinguisher maintenance, $667.35; Money Movers, NIHCA membership fee, $11.00; NAPA Auto Parts, parts/supplies, $623.52; NASM, training conference, $381.28; National Outdoor Furniture Inc., benches, $2,350.00; Natural Sand Company, root zone mix, $82,000.00; Nelson Electric. Inc., inspect pool heater, $163.27; Newman Traffic Signs, signs, $338.28; Nick's Repair, repair trimmer, $26.95; Nick's Tree Service, tree removal, $4,425.00; Nutrien Ag Solutions Inc., weed spray, $531.10; Otter Tail Power, electric, $21,408.38; Park Warehouse LLC, bike racks, $1,668.34; Petty Cash, postage, $52.55; R&A Fields, baseball field irrigation, $30,000.00; Raffety, Desiree, refund, $30.00; RCX Sports LLC, FB Jerseys, $311.00; Reedstrom, Mark, retainer fee, $1,000.00; Reimche Airspray LLC, FBO Contract, $1,200.00; Ricarie Software, applicant stack subscription, $99.00; Roger's Electric, supplies, $1,817.40; Running's Supply, Inc., supplies/parts, $2,299.82; Safeguard QBS, checks, $500.37; SD Department of Revenue, sales tax, $1,925.87; SD Public Health Lab, testing, $86.00; Share Corp, supplies, $1,588.03; Sioux Equipment, parts, $77.45; SiteOne Landscape, irrigation pipe/parts, $18,457.77; South Dakota 811, one calls, $61.95; Spotify, subscription, $10.64; Star Laundry & Cleaners, laundry service, $206.89; Stoney Brook Ent Inc., parts/equipment, $1,152.09; Street Graphex Inc., window decals, $144.00; Studio Imagen, sign, $270.00; Swenson Tree Service, tree removal, $1,400.00; The Original Marketing Group, billing, $250.00; Twin Valley Tire, tire service, $29.41; UPI, gas, $3,452.45; US Bank-SRF, bond payments, $501,420.04; US Postal Service, billing expense, $440.00; USA Bluebook, transmitter, $729.83; Valley Office Products, supplies, $370.22; Valley Rental & Recycling, recycling agreement, $650.00; West Central Communications, repairs/programming, $5,776.76; Whetstone Home Center, supplies/lumber, $398.99; Whetstone Sanitation, garbage service/clean port-pot, $1,299.00; Whetstone Valley Electric, electric/repairs, $2,597.06; Wiese Electric, electrical repairs/install heater, $17,437.17; Wireless World, screen protectors, $21.30; Wittenebel, Sarai, deposit refund, $43.26; WM Corporate Services, garbage service, $499.56; Wollschlager Concrete LLC, playground curb, $9,947.56; Xerox Corporation, copier lease, $225.38; Zoom Video Communications Inc, subscription, $111.81 

 $1,210,166.29 

The 2023 maximum tax call is $922,057.09. This includes a 3% CPI and a 2.4% growth rate. Mayor Raffety explained any part of the 3% CPI could be taken or banked for future use. The 2.4% growth could be taken in full or in part. However, any part of the growth not taken would be lost for future collection. A motion was made and seconded to approve the 5.4 % increase, tax call of $922,057.09. Motion carried 4-0, Weinberg abstained. 

Departments will begin the 2023 budget process shortly. Mayor Raffety appointed Councilmen Karels and Weinberg to review the salary grid for 2023. 

August salaries: Mayor/Council $1,600; Finance $15,286; Police $29,210; Fire $1,516; Street $11,645; Rubble Site $804; Recreation $23,559; Park $15,693; Water $5,677; Wastewater $14,615.

Water – Councilman Briggs reported DANR completed an inspection of the system. A new water main and serve was installed at Lake Farley. There were ten on the shut-off list. The city is utilizing 50% spring water with over one-million gallons distributed.

Planning & Zoning – Councilman Weinberg reported Darin Wixon applied for a conditional use permit for the construction of a commercial rental storage facility to be located on Government Lot 4, except lots A, C, D, E, F, & G, Blocks 1-5 Vista Villa Addition. Several Vista Villa area residents were present expressing concerns over added runoff to the area. The P&Z Commission tabled any action until the drainage issue could be reviewed. 

A variance requested by JanMark LLC for the construction of a commercial rental storage facility constructed within ten feet of the rear setback was approved. The property is identified as Lots 102 & 103, Brachts Addition. 

A variance requested by JanMark LLC for the construction of two commercial rental storage facility constructed within 25-feet of the front and rear yard setbacks was denied.The property is identified as Redman 2nd Addition south ½ of portion of Lot 2 lying east of Lot H-1.

The Commission reviewed a replat of Lot 13, Block 13, Original Townsite, and a vacation request of said lot. Both were recommended for approval. 

A motion was made and seconded to approve Resolution 9-12-22B. Motion carried 4-0, Councilwoman Rogers abstained. 

Resolution 9-12-22B-Resolution to Approve Plat

Whereas Valley Queen Cheese Factory Inc., Owner of the hereinafter described real property has submitted to the governing board a proposed plat of Lot 13, in Block 13 to the City of Milbank, Grant County, South Dakota and the Board of City Council 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.

Now Therefore, Be It Resolved that said plat and survey be and are hereby in all things accepted and approved.

Dated this 12th day of September 2022.

Pat Raffety, Mayor

ATTEST: Cynthia Schumacher, 

Finance Officer

A motion was made and seconded to approve Resolution 9-12-22C. Motion carried 4-0, Councilwoman Rogers abstained. 

RESOLUTION 9-13-22C

RESOLUTION TO VACATE PUBLIC PROPERTY

Whereas, the City Council, City of Milbank, Grant County, South Dakota, has authorized the City Administrator to give notice by publication pursuant to SDCL 9-45-08, of intent to vacate a portion of a public alleyway in the City of Milbank and appointed the Milbank Planning and Zoning Commission to conduct a public hearing and investigation. Notice of said public hearing was given in the Grant County Review on August 31, 2022, and September 7, 2022.

Whereas, the Planning and Zoning Commission did investigate and hold a public hearing on September 12, 2022, hearing the testimony and evidence of the attending public. A motion was made and approved during the Planning and Zoning meeting held on September 12, 2022, to recommend the vacation of the public street known as: 

Original Townsite, Lot 13, Block 13

Therefore, Be It Resolved that the City Council of the City of Milbank does hereby grant the vacation of a portion of a public alleyway described as alleyway between First Street and Second Street north of Fourth Avenue and south of Third Avenue. 

This Resolution is adopted this 12th day of September 2022.

Aye: 4 Nay: 0 Absent: John Weyh   Abstain: Mindy Rogers

Pat Raffety, Mayor

ATTEST: Cynthia Schumacher, 

Finance Officer  

The Commission approved the rezoning of Lots 1-13, Block 13, Lots 1-3, N 42-feet of Lot 10 and Lots 11-13, Block 48; Lots 1-4, Block 49, Original Townsite. Ordinance 844 would change the zoning from a B-1, Light Business to a I-1, Light Industrial. Upon the recommendation of the P&Z Commission a motion was made and seconded by the Council to approve the first reading of Ordinance 844. Motion carried by Roll call vote, 4-0. Councilwoman Rogers abstaining. Councilman Weyh absent.

August Permits: 

Building Permits: Robert & Pam Nelson-407 W 5th Ave-accessory structure. Ann Will-807 S Viola St-accessory structure. Michael Schoenberg-802 E 8th Ave-accessory structure. Gerald Dornbusch-604 Lincoln St-accessory structure. Andy Gingerich-403 S 2nd St-accessory structure. 

Demolition Permits: Valley Queen Cheese Factory-103 E 4th Ave-commercial building.

Sign Permits: Maxx Properties, LLC-802 S Dakota St.

Roofing Permits:  none.

Fence Permits: Jose Perez Lopex-518 S 3rd St. Shawna Carlin-807 S Viola St. River Street Properties-W 300’ Lot 6, Wise Ind Park.

Special Event Permits: none. 

GCDC & Chamber – Councilman Weinberg gave a preliminary recap of Farley Fest, saying final numbers are looking to be positive. 

Airport – No report.

Wastewater – Councilman Karels reported a state inspection of the facility was completed. The third quarter toxicity tests passed. Completed repairs on the jet rod truck, Track Ave lift station and waiting for parts to repair the generator. 

Police – Chief VanVooren explained that the city pays the County $20,000 for dispatching services. At the request of Sherriff Owen in 2019, the amount was increased from $12,000 due to the large volume of routine city calls being forwarded to the detention center. Due to changes within the 911 dispatch services in Watertown, the routine city after-hour calls are forwarded to the Watertown dispatch center. Chief VanVooren recommended, reducing the payment to the county back to $12,000. This amount is half of the $24,000 Grant County 911 dispatch fee. A motion was made and seconded to reduce the annual payment from $20,000 to $12,000 effective October 1, 2022. Motion carried 5-0.

The Council discussed working with the school district to implement a school resource officer. The cost of an additional officer would be shared with the school district. Chief Boyd attended the school board meeting reporting school board feedback was positive. A motion was made and seconded to approve advertising and hiring an additional officer. Motion carried 5-0.

A motion was made requesting Attorney Reedstrom and Chief VanVooren work with the school district to draft an agreement outlining expected duties and costs to each entity, to be presented at the October meeting. Motion carried 5-0.

Adjourn – The next regular meeting will be October 10, 2022, at 7:00 PM. A motion was made and seconded to adjourn at 8:30 PM. Motion carried 5-0.

/s/ Pat Raffety, Mayor

ATTEST

/s/ Cynthia Schumacher, 

Finance Officer

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