Milbank City Council Proceedings • July 13, 2020

Milbank City Council Proceedings
 
 
July 13, 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, Mike Hanson, James Johnson and Scott Hoeke. Absent: Joel Foster. Present from the staff: Attorney Mark Reedstrom, John Forman, Boyd VanVooren, Cynthia Schumacher, Dick Poppen, Scott Meyer, Darin Thiele, Don Settje and Ron Krause. Public present: Laurie Folk, Holli Seehafer, Josh Karels, Renee Osborne, Kathy Ward, Lance Hamman, Steve and Vicki Strege.
Mayor Raffety called the meeting to order and the roll call was taken.
A motion was made and seconded to approve the minutes from the June 8 and June 10, 2020 meetings. Motion carried 4-0.
A motion was made and seconded to accept the resignation of Officer Paige Zempel effective June 27, 2020. Motion carried 4-0.
A motion was made and seconded to approve the June Treasurer’s report.  Motion carried 4-0. 
A motion was made and seconded to approve the claims list, $356,468.68.  Motion carried 4-0.
CLAIMS 7/13/2020
Advanced Technologies Inc., shipping/printing/supplies, $771.43; American Engineering Testing, testing, $141.70; Anderson Chemical Co., sanitizer/dispensers, $1,337.88; AT&T Mobility, cell phone, $411.91; Auto Value Parts Store, parts, $155.88; Banner Associates, Inc., engineering, $10,448.45; Berkner Excavating & Gravel, street repairs, $1,139.78; Bituminous Paving Inc., asphalt, $41,328.36; BNS Sports, equipment, $185.00; Brent Powers Striping, street striping, $3,949.20; CHS, gas, $1,624.02; Climate Systems, PM Contract, $1,063.75; Colonial Research, supplies, $149.72; Companion Life Ins., admin fee, $10.00; Dakota Fence Co., parts, $83.67; Deere Credit Inc., lease, $8,816.73; Denny’s Septic Service, service tank, $130.63; Dewey’s Lawn Care, plantings, $30.00; Eastside Car Wash, truck wash usage, $34.02; EideBailly LLP, audit, $2,850.00; Engelstad Electric Co., electrical repairs, $1,906.94; Fastenal Co., parts, $172.18; Ferguson Waterworks #2516, software update/batteries, $2,206.27; First Bank & Trust, supplies/fees/equipment, $706.91; Food-N-Fuel, gas, $377.61; Galeton, gloves, $65.85; Gall’s LLC, uniforms, $214.25; Gesswein Motors, vehicle repairs, $241.27; Grant County Auditor, services, $2,525.00; Grant County Historical Society, building displays, $2,000.00; Grant County Review, publications, $305.18; Hawkins Inc., chemicals, $10,401.52; Helms & Associates, engineering, $5,397.50; Intoximeters, supplies, $357.00; ITC, telephone/internet service, $978.50; J&J Earthworks Inc., Main Street Project, $116,511.66; John Henry Foster Mn Inc., repairs, $1,176.40; Kelly Kutters LLC, mowing contract/spraying, $13,316.67; Kibble Equipment, parts, $72.09; Lewis Drug Stores, supplies, $70.57; Markve Insurance Solutions, insurance, $662.65; Milbank Communications Inc., repairs/supplies, $284.50; Milbank Ford -Mercury, vehicle repairs, $122.56; Milbank Winwater, parts, $464.89; Municipay LLC, software update, $125.00; NAPA Auto Parts, parts, $10.74; NW Energy, natural gas, $89.61; Otter Tail Power Co., electric, $14,448.22; P&H Construction, repair cemetery stones, $5,235.00; Peter’s Gravel, gravel, $3,027.88; Peterson, Connie, uniform patch, $4.00; Petty Cash, postage/fees, $56.82; Praxair Distribution Inc., service air system, $26.71; Quill Corporation, supplies, $227.91; Rausch, Elizabeth, deposit refund, $100.00; RDO Equipment, parts; $238.28; Roger’s Electric Motor, supplies/parts, $313.92; Running’s Supply, Inc., parts/supplies, $576.26; SD Assn of Rural Water Systems, dues, $850.00; SD Dept of Revenue & Regulation, sales tax, $412.12; SD One Call, one calls, $68.25; SD Public Health Lab, testing, $187.00; SDML, supplies, $60.00; Seehafer Hardware, supplies, $5.99; Share Corp, supplies, $924.15; Star Laundry & Cleaners, rugs, $99.51; Stoney Brook Ent. Inc., supplies, $207.00; Stryker, supplies, $91.35; Sturdevants Auto, parts, $339.87; Sweeney Controls, system repairs, $402.00; The Original Marketing Group, marketing agreement, $1,300.00; The Valley Shopper, help wanted ad, $85.04; Trapp Plumbing Co. Inc., clear mains/drains, $190.74; Twin Valley Tire, tires/tire service, $181.60; Up North Concere Paving, concrete repairs, $26,492.00; UPI, gas, $1,176.44; US Bank bond, payment, $52,951.51; US Postal Service, postage, $360.00; Valley Office Products, supplies, $479.82; Valley Queen Cheese Factory, dispensers, $230.00; Valley Rental & Recycling LLC, recycling agreement/ rentals, $730.00; Vanorny Tree Service, tree removal, $675.00; Whetstone Home Center Inc., lumber/supplies, $62.53; Whetstone Valley Electric, electric/supplies/repairs, $2,260.83; Wilbur Ellis, FBO Contract, $1,200.00; Wittrock & Sons, garbage service, $4,130.00; Xerox, copier lease, $267.98; Zems Carpet Cleaning, strip/wax floors, $           367.50 
$356,468.68 
A motion was made and seconded to approve Resolution 7-13-20A.  Motion carried 4-0.  
RESOLUTION 7-13-20A
BE IT RESOLVED by the City Council of the City of Milbank, South Dakota that the following sum is transferred from the contingency fund to the following departments to meet the obligations of the city.
Council – Proceedings, 101-41100-42310, 1,000.00
Source of Funding – Contingency Fund, 101-41150-41150, 1,000.00
Dated this 13th day of July 2020.
Aye: 4   Nay: 0   Absent: Foster
This Resolution is effective upon passage.
Pat Raffety, Mayor
ATTEST:
Cynthia Schumacher, Finance Officer
Attorney Mark Reedstrom reported the City was granted and awarded a civil judgment against Rick Hanson, dba Hanson Salvage, in the form of an Abatement authorizing the City to abate the public nuisance from the Hanson’s property by removing all items to a distance of not less than fifty feet from the street line.  The cost of abating the public nuisance shall be recovered by special assessment against said property. Furthermore, this judgement and order for abatement shall have continuing effect.  
A motion was made and seconded to recess. Motion carried 4-0.
The Mayor called the meeting to order. Following a unanimous vote to approve the Mayor’s Appointment of Josh Karels as Ward 3 Councilman, Attorney Reedstrom administered the Oath of Office. Councilman Karels took his seat at the table.
A nomination was made for Scott Hoeke as Council President. Nominations ceased, and a unanimous ballot was cast for Scott Hoeke as Council President.
A nomination was made for Mike Hanson as Vice-President. A nomination was made for Steve Wiener as Vice-President. Councilman Wiener declined the nomination. Nominations ceased, and a unanimous ballot was cast for Mike Hanson as Vice-President.  
A motion was made and seconded to approve the Mayor’s employee appointments. Motion carried 5-0.
City Administrator – John Forman
Finance Officer – Cynthia Schumacher
Police Chief – Boyd VanVooren
Fire Chief – Kevin Schuelke
Asst Fire Chief – David Giesen, Justin Mathiason
City Attorney – Mark Reedstrom
A motion was made and seconded to approve the Mayor’s Committee Appointments. Motion carried 5-0.
Joel Foster – Airport, Finance
Mike Hanson – Fire, Park/Cemetery, Planning & Zoning, Police
James Johnson – Property Standards, Unity Square
Scott Hoeke – Baseball Complex, Rubble Site, Streets, Unity Square
Josh Karels – Park & Cemetery, Wastewater
Steve Wiener – Water, GCDC and Chamber Liaison
Pat Raffety – Finance, Housing, Personnel
A motion was made and seconded to approve the Reserve Police Officer Roster as placed on file in the office. Motion Carried 5-0.
A motion was made and seconded to approve the Fire Department Roster as placed on file in the office. Motion Carried 5-0.
Mayor Raffety read the Proclamation proclaiming July 28, 2020 as Alphonse Joseph Holtzmann Day.  
EXECUTIVE PROCLAMATION
CITY OF MILBANK - OFFICE OF THE MAYOR
WHEREAS, the quality of life in any community is directly reflective of the time, commitment, and dedication shown by its citizens; and
WHEREAS, Alphonse Joseph Holtzmann was born on July 28, 1920 in Highmore, SD; and
WHEREAS, Alphonse Joseph Holtzmann enlisted and served in the Coast Guard, from April 1942, until he was discharged in January 1946. His military job classification was radioman. His rank at the time of discharge was E-7 or Chief Petty Officer; and
WHEREAS, Alphonse married his beautiful bride, Alice, and they were married for 70 years. Together they had 9 children, 22 grandchildren, and 21 great-grandchildren: and
WHEREAS, Alphonse LOVES: Donuts, ice cream, popcorn, vegetables, and fruits fresh from the garden, telling others to live with integrity and commitment to faith, family, and community; and  
WHEREAS, it is fitting and proper as Mayor to recognize the contributions and tenure of this fine individual, who is celebrating his 100th birthday on July 28, 2020,
NOW THEREFORE, I, Pat Raffety, Mayor of the City of Milbank, South Dakota, do hereby proclaim Tuesday, July 28, 2020 as
ALPHONSE JOSEPH HOLTZMANN DAY
In Milbank, and I join his family and friends in relaying the community’s best wishes for a wonderful 100th birthday to one of our community’s finest.
IN WITNESS WHEREOF, I have hereunto set my hand.
Pat Raffety, Mayor
ATTEST:
Cynthia Schumacher, Finance Officer
Public Comments – Steve and Vicki Strege addressed the council regarding drainage issues around their house. 
Lance Hamman requested the Council review the need for two handicapped parking spots in front of his place of business, leaving him with only one regular parking spot. Councilman Hoeke stated they would review the plans and would take his request under consideration.
DEPARTMENT REPORTS
Water – Councilman Wiener reported the nitrate, SOC and VOC test samples were sent in, all passed. Work continues on the Golden Anderson valve which caused red water issues in the distribution system. There were 15 on the monthly shut off list. The city is utilizing 50% spring water.
  Mayor Raffety stated the proposed long-term contract with Maguire Iron is not a viable option.  Maintenance will be handled by prioritizing needs and handling one project at a time.
The South Dakota Department of Environment and Natural Resources announced that the City of Milbank public water system has been awarded a Drinking Water Certificate of Achievement Award. Mayor Raffety congratulated and thanked the department.
Street – The monthly report was given. Resolution 7-13-20B was introduced which addresses traffic flow and parking in the new elementary school area. A motion was made and seconded to approve Resolution 7-13-20B. Motion carried 3-2; Aye-Hanson, Johnson, Wiener. Nay-Karels, Hoeke.
Resolution 7-13-20B
A resolution to amend certain provisions of Table I of the Milbank Municipal Code regarding areas where parking is prohibited.
THEREFORE, BE IT RESOLVED that Table I of the Milbank Municipal Code shall be amended to include the following:
No Parking at any time:
-The west side of 9th Street between 4th Ave (US HWY 12) and 7th Ave.
-The north side of Summit Ave between 7th St and 9th St.
-The south side of 5th Ave between 7th St and 9th St.
THEREFORE, BE IT RESOLVED that in accordance with Chapter 10.20 of the Milbank Municipal Code, a No Right Turn sign will be placed at the intersection of the Milbank Elementary School Exit and 9th St, directly across from 5th Avenue.
BE IT FURTHER RESOLVED that appropriate traffic control signs shall be erected in accordance with the provisions of this resolution.
Aye: 3- Hanson, Johnson, Wiener Nay: 2- Hoeke, Karels   
Absent: Foster
Pat Raffety, Mayor
ATTEST:
Cynthia Schumacher, Finance Officer
Rubble Site – The monthly report was given.
Baseball Complex – No report.
Finance – A motion was made and seconded to approve Resolution 7-13-20. Motion carried 5-0.
City of Milbank Resolution
Number 7-13-20
A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTUAL DOCUMENTS WITH THE STATE OF SOUTH DAKOTA FOR THE RECEIPT OF CARES ACT FUNDS TO ADDRESS THE COVID-19 PUBLIC HEALTH
CRISIS
WHEREAS, pursuant to section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (the “CARES Act”), the State of South Dakota has received federal funds that may only be used to cover costs that:  (a) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (b) were not accounted for in the budget most recently approved as of March 27, 2020, for the State of South Dakota; and (c) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and
WHEREAS, the City of Milbank acknowledges that the State of South Dakota, in its sole discretion, may retain full use of these funds for the purposes delineated in the CARES Act; and
WHEREAS, the City of Milbank acknowledges that in order to provide financial assistance to counties and municipalities in South Dakota, the State of South Dakota, in its sole discretion, may allocate CARES Act funds Act on a statewide basis to reimburse counties and municipalities as delineated herein; and
WHEREAS, the City of Milbank seeks funding to reimburse eligible expenditures incurred due to the public health emergency with respect to COVID-19; and
WHEREAS, the City of Milbank acknowledges that any request for reimbursement of expenditures will only be for expenditures that were not accounted for in the budget for the City of Milbank most recently approved as of March 27, 2020; and
WHEREAS, the City of Milbank acknowledges that it will only seek reimbursement for costs incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 
NOW, THEREFORE BE IT RESOLVED by the City (Council/Commission) of the City of Milbank that the Mayor of Milbank may execute any and all documents as required by the State in order to receive CARES Act funds.
It is further
RESOLVED that any request for reimbursement will be only for those costs authorized by the State that: (1) Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (2) Were not accounted for in the City budget most recently approved as of March 27, 2020; and (3) Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.
It is further
RESOLVED that the City will not request reimbursement from the State under the CARES Act for costs for which the City previously received reimbursement, or for which the City has a reimbursement request pending before another source.
Approved and adopted this 13th day of June 2020.
Pat Raffety, Mayor
City of Milbank, South Dakota
ATTEST:
Cynthia Schumacher, Finance Officer
City of Milbank, South Dakota
SDCF – Mayor Raffety explained that due to non-profit regulations and their potential of losing the 501(c)(3) status, the Milbank Community Foundation could not continue to handle the donations anticipated for Unity Square.  Mayor Raffety explained he had visited with the South Dakota Community Foundation. They would be able to administer the donations for a Unity Square endowment as well as a short-term pass thru account for immediate repairs.  
The Sales Tax Revenue Bond of 2011 is in the process of being refinanced.  Due to the lower interest rates, over a $200,000 interest savings will be realized.
Laurie Folk, Milbank Area Chamber, addressed the Council to inquire about a donation to help defray cost of this year’s Chamber fireworks display.  Due to this year’s COVID pandemic, sponsorships from the local businesses were not sought.  Councilman Wiener stated he would like to consideration the request at the next meeting.
June Salaries: Mayor/Council $1,400; Finance $15,525; Police $26,988; Fire $1,627; Street $9,819; Rubble Site $940; Park $8,531; Water $4,451; Wastewater $12,431.28.
Planning & Zoning – Administrator Forman reported a variance requested by Anthony Vojta, 303 Highland Drive, for the placement of a detached accessory structure within the required rear and side yard setbacks, was denied.  
Review of the zoning ordinances continues under the direction of First District Association of Local Governments.
June Permits: 
Building Permits: Ted Bray-305 Lakeview Dr-accessory structure. Valley Queen Cheese Factory – 200 E Railway Ave-commercial addn. Henry Harms-1005 S Viola St-addition. Ryan Dunnihoo-1109 S 7th St-Accessory Structure. Andrea Hagen-104 Aspen Ct-deck.
Demolition Permits: none.
Sign Permits: none.
Roofing Permits:  none.
Fence Permits: none.
Special Event Permits: It Only Takes a Spark-Farley Park-luminary drive-thru-7/24/20.  Milbank Area Hospital-Race for Hope Run-8/1/20.  Kiwanis Club of Milbank-Lake Farley Park- Tommy’s Popcorn Stand-7/4/20 to 10/30/20.
Fire – Councilman Hanson stated drills and meetings are returning to normal.
Unity Square – Mayor Raffety reviewed the stats submitted by The Original Marketing Group.  
Attorney – No report.
Airport – No report.
Wastewater – Maintenance was done on the digester compressor, the vac trailer, the pretreat electric room AC and the report program.
Park – Several trees were removed, other trees trimmed and low areas filled in the cemetery. The fence was reset at the softball fields. Berkner has been contacted to repair the path in Pribyl Park.  
Administrator Forman reported he has not heard back from the state regarding the Land Water Conservation Fund, (LWCF).  
Police – Councilman Hanson stated Officer Kiel Zinter has completed the academy and is certified. The officers have completed several training courses.  
Executive Session – A motion was made and seconded to go into Executive Session pursuant to SDCL 1-25-2(3). Motion carried 5-0. The Mayor called the Council out of Executive Session.
A motion was made and seconded to direct City Attorney Reedstrom to contact the Attorney representing the City in the Mogard case and inform her that the City does not wish to settle the lawsuit. Motion passed 4-1. Councilman Hanson voting against.
Adjourn – The next regular meeting will be August 10, 2020, at 7:00 PM. A motion was made and seconded to adjourn. Motion carried 5-0.
/s/ Pat Raffety,
Mayor
ATTEST:
/s/ Cynthia Schumacher,
Finance Officer
 

Category:

Grant County Review

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

Email Us

Facebook Twitter

Latest articles

Please Login for Premium Content