Milbank City Council Proceedings • June 8, 2020

Milbank City Council Proceedings
June 8, 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, Joel Foster and Scott Hoeke. Absent: James Johnson. Present from the staff: Attorney Mark Reedstrom, John Forman, Boyd VanVooren, Cynthia Schumacher, Kevin Schuelke, Dick Poppen, Scott Meyer and Ron Krause. Public present: Bobbie Bohlen, Laurie Folk, Holli Seehafer, Josh Karels, Renee Osborne and Kathy Ward.
Mayor Raffety called the meeting to order, and the roll call was taken.
Mayor Raffety read the Proclamation proclaiming June 21, 2020 as June Comstock Day.  
EXECUTIVE PROCLAMATION
CITY OF MILBANK 
OFFICE OF THE MAYOR
Whereas, South Dakota was founded with hard work, perseverance, sharing and love of family; and
Whereas, June Comstock was born on June 21, 1920 in Howard, SD; and 
Whereas, June met Frances “Fran” Comstock, and the two were united in marriage in 1942; and, 
Whereas, June and Fran were blessed with four children; and
Whereas, the Comstock family moved to Milbank, SD, in the early 1950’s; and
Whereas, June will be remembered for her love of sewing, and making Christmas ornaments for grandkids and others; and
Whereas, it is fitting and proper as Mayor to recognize the contribution and tenure of this fine individual, who is celebrating their 100th birthday on June 21, 2020;
Now Therefore, I, Pat Raffety, Mayor of the City of Milbank, South Dakota, do hereby proclaim June 21, 2020 as 
JUNE COMSTOCK DAY
in Milbank, and I join her family and friends in wishing her a fulfilling and happy 100th birthday. In Witness Whereof, I hereunto set my hand.
Pat Raffety, Mayor
Attest: 
Cynthia Schumacher, Finance Officer
Public Comments -
Bobbie Bohlen, GCED discussed an expansion to the Milbank Industrial Park. Bohlen stated an expansion is needed however the $3 million estimate does not make it cost effective.  She stated fortunately EDA funds and DOT funds have been made available.  It is the desire of GCED to apply for these funds through grant applications.  The proposed expansion would add 47 acres, 38 buildable lots and connect Hwy. 12 to 12th Avenue.
Bohlen asked the Council to consider a commitment of $400,000 to the project, a split over the 2021 and 2022 budgets. She stated without the grant funds, the expansion would not happen and no funds would be necessary from the city. 
Minutes – A motion was made and seconded to approve the minutes of the May 11, 2020 meeting. Motion carried 4-0.
Consent Agenda - A motion was made and seconded to approve the Consent Agenda.  Motion carried 4-0.
Consent Agenda
1. Approve bid for 2014 Ford Utility Police Interceptor: Kay O’Farrell-$2,520.  
    Other bid: Yousef Dabbagh-$1,868.
2. Approve amendment to Kelly Kutter’s ground maintenance contract to include 1.5 acres at Lake Farley, $750/mo.
3. Authorize the Mayor and City Attorney to sign the CARES Act Airport Grant Agreement. (Grant No. 3-46-0034-017-2020)
DEPARTMENT REPORTS
Water – Administrator Forman reviewed the 10-year perpetual maintenance contract proposed by Maguire Iron, Inc. for the water storage tanks. Council discussed the cost and concerns of the contract. No action was taken.
Street – Councilman Hoeke read the monthly report. 
Resolution 6-8-20A was discussed. A motion was made and seconded to amend Resolution 5-11-20 to Resolution 6-8-20A. Motion carried. A motion was made to approve Resolution 6-8-20A. Motion failed for lack of second.
Administrator Forman explained the lease is up on the current JD tractor. A new lease was discussed. A motion was made and seconded to approve the new lease as presented; three-year lease, $9,742.90/annual. Motion carried 4-0.
A plan for street traffic and sidewalk installation in the area of the new school was reviewed. Fifth Avenue was proposed to be west bound one-way traffic. Summit Street was proposed to be east bound one-way traffic. Sidewalk installation was recommended on the north side of Seventh Avenue between Viola Street and Ninth Street and the west side of Ninth Street from Seventh Avenue to Summit Avenue. A motion was made and seconded to direct Administrator Forman to move forward and have the sidewalks installed. Motion carried 4-0.
Rubble Site – The monthly report was read. Access issues, to the rubble site were discussed. No action was taken.  
Baseball Complex – No report.
Finance – A motion was made and seconded to approve the May Treasurer’s Report. Motion carried by vote, 4-0.
A motion was made and seconded to approve the bills list, $192,287.82.  Motion carried 4-0.
CLAIMS 6/8/2020
Al’s Body Shop supplies,$54.00; American Engineering Testing, testing, $322.60; Anderson Chemical Co., sanitizer/dispensers, $2,398.82; Apex Ironworks, parts, $308.19; AT&T Mobility, cell phone, $396.86; Auto Value Parts Store, parts, $4.57; Banner Associates, Inc., engineering, $31,666.12; Berkner Excavating & Gravel, repairs/screened dirt, $2,491.46; Biggs, Hope, deposit refund, $60.10; CHS, gas, $1,446.04; City of Milbank, deposit to final bills, $51.86; Climate Control Inc., dust control, $6,048.60; Corporate Technologies, service agree/equipment/software, $6,029.00; Creative Product Sourcing, Inc., DARE supplies, $447.59; Dakota Fence Co., parts, $49.89; Deere Credit Inc., lease, $9,455.61; Eastside Car Wash, truck wash usage/rental, $159.34; Energy Laboratories, Inc., testing, $2,346.00; First Bank & Trust, supplies/fees/equipment, $1,188.15; Food- N-Fuel, gas, $84.71; Forman, John, supplies, $138.10; Gesswein Motors, vehicle service, $33.42; Grant County Auditor, services, $2,525.00; Grant County Review, publications, $363.45; Hartman’s Family Foods, supplies, $31.57; Heiman Fire Equipment, repairs/boots, $1,994.95; Helms & Associates, engineering, $1,016.25; Hillyard- Sioux Falls, supplies, $637.84; ITC, telephone/internet service, $978.50; J&J Earthworks Inc., Main Street Project, $68,230.18; John Deere Financial, parts, $92.68; Kelly Kutters LLC, mowing contract, $13,216.67; Lacal Equipment Inc., parts, $286.17; Lewis Drug Stores, supplies, $54.34; Maguire Iron Inc., tank inspection, $4,200.00; Michael Todd & Co., parts/brooms, $1,893.88; Milbank Ford -Mercury, vehicle repairs, $302.96; Milbank Glass & More, supplies, $120.00; Milbank Winwater, parts, $2,000.05; NAPA Auto Parts, parts/supplies, $146.18; NW Energy, natural gas, $299.26; Otter Tail Power Co., electric, $15,244.17; Praxair Distribution Inc. , service air system, $26.25; RC Technologies Inc., services, $45.95; Roger’s Electric Motor, repairs, $93.90; Running’s Supply, Inc., parts/supplies, $805.75; Schnell, Dean, deposit refund, $88.04; SD DENR, water permit, $1,450.00; SD Dept of Revenue & Regulation, sales tax, $464.73; SD One Call, one calls, $73.50; Seehafer Hardware, supplies, $52.97; Share Corp, supplies, $312.46; Star Laundry & Cleaners, rugs, $103.73; Sturdevants Auto, parts, $203.35; Twin Valley Tire, tires/tire service, $297.20; UPI, gas, $1,890.59; US Postal Service, postage, $360.00; Valley Rental & Recycling, recycling agreement, $650.00; Vessco, Inc. , parts, $756.14; Western Consolidated Coop, chemicals, $321.03; Whetstone Home Center Inc., lumber/supplies, $3,057.68; Whetstone Valley Electric, electric, $938.42; Wilbur Ellis, FBO Contract, $1,200.00; Xerox, copier lease, $231.80; Zee Medical Services, supplies, $49.20 
$192,287.82 
A motion was made and seconded to approve the malt beverage & SD wine license application for: Comes Investments DBA Pizza Hut. Motion carried 4-0. 
No action was taken on the License Transfer from Scott & Pamela Jackson, Midtown Liquors to DCDS LLC, DBA Cocktails & Corks. Mayor Raffety stated, with Councilman Hoeke abstaining from the vote, there was not enough Council members to vote on the application.  
Mayor Raffety called a special meeting to be held June 10, 2020 to take action on the public hearing.
A discussion to re-open the Visitor Center was held. A motion was made and seconded to reopen the building for normal business, Wednesday June 10, 2020, but to leave the Community Room closed to discourage large community gatherings. Motion carried 4-0.
May Salaries: Mayor/Council $1,400; Finance $14,990; Police $25,963; Fire $1,627; Street $9,985; Rubble Site $835; Park $8,178; Water $4,713; Wastewater $12,212.
Planning & Zoning – A variance for a second detached accessory structure requested by Ted Bray, 305 Lakeview Dr, was approved.
Upon recommendation of the P&Z commission, a motion was made and seconded to approve Resolution 6-8-20.  Motion carried 4-0.
Resolution 6-8-20
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 public utility easement in the City of Milbank and appointed the Milbank Planning & Zoning Commission to conduct a public hearing and investigation. Notice of said public hearing was given in the Grant County Review on May 20, 2020 and May 27, 2020.
Whereas, the Planning Zoning Commission did investigate and held a pubic hearing on June 1, 2020 hearing the testimony and evidence of the attending public. A motion was made and approved during the Planning & Zoning meeting to recommend the vacation of the public utility easement described as running between Charles Avenue and Fourth Avenue in Block 4, The public alley right-of-way was previously vacated. The property is identified as Flynn’s Addition, Lots 1-5, Block 4 and Lot 1A in Block 3 of Leo P. Flynn’s Third, City of Milbank, Grant County, South Dakota.
Therefore, Be It Resolved that the City Council of the City of Milbank does hereby grant the vacation of the above described utility easement.
This Resolution is adopted this 8th day of June, 2020.
Aye: 4  Nay: 0 Absent: James Johnson
Pat Raffety, Mayor
ATTEST:
Cynthia Schumacher, Finance Officer
April Permits: 
Building Permits: Boyd VanVooren-1214 S 2nd St-accessory structure. Brian Ninneman-1011 S Viola St-accessory structure. Kyle Schwandt-703 S 7th St-garage addition. Milbank Homes-801 E Milbank Ave-residential addition. Melanie Reiners-508 E 9th Ave-accessory structure. Cindy Gerdes-304 W 7th Ave-deck. 
Demolition Permits: none.
Sign Permits: none.
Roofing Permits:  Steve Wiener-1515 Elmwood Ave-asphalt. Raymond Will-607 S Viola St-asphalt.
Fence Permits: Michael Waldner-807 S 5th St. David VanHout-703 S 3rd St. Nicholas Olson-127 E Diggs Ave
Special Event Permits: None.
Fire – Chief Schuelke gave the monthly report.
Unity Square – An update on the repairs and improvements was given.
Attorney – The lack of progress with the clean up at 600 W Milbank Ave was discussed. Attorney Mark Reedstrom was directed to pursue action to abate the public nuisance.
Airport – The Council reviewed the proposal for a new fuel terminal at the airport. Forman explained there have been several issues with the existing fuel terminal and the software is obsolete. The replacement estimate is $15-16,000. A motion was made and seconded to purchase the new fuel terminal.  Motion carried 4-0.
Wastewater – Councilman Foster gave the monthly report.
Park – The monthly report was read.  The Council discussed opening and use of city parks and campground. A motion was made and seconded to open the parks and campground. With construction plans uncertain, no long-term camping reservation will be accepted.  Motion carried 4-0.  
A motion was made and seconded to approve the permit requested by It Only Takes a Spark for a luminary drive-through at Lake Farley, July 24, 2020.  Motion carried 4-0.
A motion was made and seconded to approve the permit requested by the Milbank Area Chamber of Commerce for a Lake Farley fireworks display, July 4, 2020. Motion carried 4-0.
A motion was made and seconded to approve the permit requested by the Milbank Area Chamber of Commerce for Farley Fest (revised), July 31-August 1, 2020. The event will include art vendors, food vendors, parade, and music concert. Motion carried 4-0.
A motion was made and seconded to approve the permit requested by the Milbank Area Hospital for the annual Race for Hope run, August 1, 2020.  Motion carried 4-0.
A motion was made and seconded to approve the Mayors appointments to the Park & Recreation Board: 2-year term – Heidi Wellnitz, Keith Weber, Steve Wenzl.  3-year term – Eval Marroquin, Brian Pauli, Jody Bear. 4-year term – Rondi Scholar, Brian Sandvig, Matt Wilson. Motion carried 4-0.
Police – The monthly report was given.
Executive Session – A motion was made and seconded to go into Executive Session pursuant to SDCL 1-25-2(3). Motion carried 4-0.The Mayor called the Council out of Executive Session.
Adjourn – A special council meeting was scheduled for Wednesday, June 10, 2020 at 5:00 PM. The next regular meeting will be July 13, 2020, at 7:00 PM. A motion was made and seconded to adjourn. Motion carried 4-0.
June 10, 2020
PURSUANT TO DUE CALL AND NOTICE THEREOF, a meeting of the City Council was duly held at City Hall at 5:00 PM. The following members were present: Mayor Pat Raffety, Councilmen Steve Wiener, Joel Foster, James Johnson, Mike Hanson, and Scott Hoeke. Absent: none. Present from the staff – John Forman, Cynthia Schumacher and Brandy Blauert.
Mayor Raffety called the meeting to order, and the roll call was taken.  
A public hearing was held for the liquor license transfer from Scott & Pam Jackson, Midtown Liquors to DCDS LLC DBA Cocktails & Corks, 107 E 4th Ave, the West 50’ of Lots 5 & 6, Block 16, Original Townsite to the City of Milbank.  No one present spoke against the request. Scott Hoeke stated at this time the business will stay at its present location. A motion was made and seconded to approve the license transfer from Scott & Pam Jackson to DCDS LLC. Motion carried 4-0, Hoeke abstained.
A motion was made and seconded to adjourn.  Motion carried 5-0
/s/ Pat Raffety,
Mayor
ATTEST:
/s/ Cynthia Schumacher,
Finance Officer
 

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