Milbank City Council Proceedings

Published by admin on Fri, 04/24/2026 - 12:02pm

April 13, 2026

Call to Order – The City Council met in regular session on April 13, 2026, at 6 p.m. in the Visitor Center, 1001 East Fourth Avenue, with Mayor Raffety presiding.

Roll Call – Present were Mayor Raffety and Council members Roger Briggs, Ryan Gruba, Josh Karels, Craig Weinberg, and John Weyh. Absent: Mindy Rogers. Staff present included Attorney Mark Reedstrom, Steve Pendergrass, Cynthia Schumacher, Kim Carlson, Corey Hooth, Kevin Schuelke, Jeremy Breon, and Boyd VanVooren. Members of the public present included Kyle Schwandt, Jackson Schwandt, Todd Kays, Josh Wollshlager, Duane Hastad, Nick Anspach, Brandon Schmieg, Mike Smith, Traci Stein, Chad Taecker, Tanner Aiken, Erek Holmquist, Brenda Kowski, Lisa Coomes, Tom Kowski, Becky Boswell, Mark Leddy, Jamie Henderson, and Nathan Watson.

Agenda – A motion was made and seconded to adopt the agenda and approve the consent agenda, with the deletion of the contract with Maguire Iron, Inc., for water tank (Big Blue) exterior coating improvements and protective overcoat application, not to exceed $98,975, from bond funds. Agenda adopted and consent agenda approved as amended. Moton carried 5-0.

Consent Agenda –

• Approve the minutes of the March 4, March 9, & March 30, 2026, meetings.

• Approve the claims list.

Adobe, subscription, $176.76; Advanced Technologies Inc., shipping/ supplies, $870.71; Agtegra, gas, $8,783.23; Al’s Body Shop, vehicle repairs, $1,010.00; Amazon, parts/supplies/table/chairs, $7,456.66; American Engineering Testing, testing, $343.75; American Water Works Assn, membership fee, $404.00; Apex, Unity prom expense, $500.00; Associated Supply Co., chemicals, $609.33; AT&T, cell phone/WIFI, $764.17; Auto Value Parts Store, parts, $5.99; Avera Medical Group, testing, $32.00; Banner Associates, Inc., engineering, $81,454.90; Basin Construction & Drain, Lake Farley storm shelter, $82,526.50; Breon, Esther, cleaning service, $1,787.00; Breon, Jeremy, travel expense, $928.18; Bryan Rock Products, red ball diamond, $1,869.80; Buffalo Ridge Construction, Pribyl concession stand, $1,208.48; Card Pointe, card fees, $950.26; Carlson, Kim, travel expense, $65.10; Carquest, parts, $232.65; Clarion Pointe, travel expense, $696.60; Climate Systems, maintenance agreement, $2,945.00; Cole Papers, supplies, $1,764.89; Corporate Technologies, IT managed services, $7,408.57; Dakota Storage Buildings, Pribyl concession-sheeting, $715.12; DANR, testing fee, $123.00; DCS Communications, radio license/repair, $895.00; Dinges Fire Co, safety equipment, $622.94; Do Bike & Fitness, treadmill, $6,163.99; Doheny’s Commercial, heater, $4,200.00; Duininck, repairs, $371.00; Eastside Car Wash, truck wash usage, $226.88; Foell, Matt, CDL physicals, $80.00; Folk, Jake, NASRO membership/ins deductible, $2,550.00; Food-N-Fuel, gas, $127.52; Freemotion Fitness Inc., parts, $183.41; Grant County Auditor, county services/Code Red subscription, $3,057.50; Grant County Review, publications, $2,047.29; Grant Roberts Rural Water, water service, $62.00, Haanen, Obinatanea, refund, $75.00; Hach Company, parts/chemicals, $8,529.27; Hagen, Abby, refund, $75.00; Hampton Inn, travel expense, $352.84; Hawkins, Inc., chemicals, $15,856.52; Helms & Associates, engineering, $14,811.16; Inland Truck Parts & Service, parts, $222.96; Interstate Power Systems Inc., generator service contract, $8,504.01; ITC, phone/internet, $1,992.69; J&J Earthworks, snow removal, $5,163.11; Jack’s Body Shop, vehicle repair, $287.00; Jefferson Lines, shipping/testing, $165.00; John Deere Financial, parts/tractor repair, $2,413.89; Kowski, Thomas, applicator license, $35.88; Laser Labs, tint meters, $358.00; Lewis Drug Stores, supplies, $20.97; Light & Siren, lightbar/mounts, $1,866.43; Linde Gas & Equipment, air system maint., $65.26; M&T Fire & Safety, safety equipment, $203.68; Michael Todd & Co, parts, $872.26; Milbank Glass LLC, repair door, $576.22; Milbank Winwater, parts, $358.72; MnN Cleaning Services, cleaning, $3,800.00; Moldenhauer Trust, Norman, water protection agreement, $5,890.40; Moldenhauer, Laverna, water protection agreement, $10,395.20; NAPA Auto Parts, parts/supplies, $626.62; Northern Truck Equipment, parts, $2,087.00; NW Energy, natural gas, $5,291.51; O’Reilly Automotive Inc., parts, $54.56; Otter Tail Power, electric, $26,052.56; Pendergrass, Steve, travel expense, $266.75; Petty Cash, shipping/supplies, $24.56; Pioneer Athletics, clay, $8,750.00; Plunket, pest control, $351.00; Pro Image Partners, electric, $360.00; Racarie, HR software, $109.99; Rebound Nile, architect cad subscription, $400.00; Reedstrom, Mark, retainer, $1,000.00; Rockbot, subscription, $31.86; Roger’s Electric Motor, motor, $1,467.28; Runnings Supply, parts/supplies, $894.58; Scholberg, Cindy, refund, $31.86; SD City Management Assoc, conference registration fee, $125.00; SD Public Health Lab, testing, $112.00; SDML, district meeting, $180.00; SDML Workers Comp Fund, wc audit, $7,315.00; Shade Valley Farms, FBO Agreement, $750.00; Share Corp, supplies, $181.60; South Dakota 811, one calls, $12.60; Star Laundry & Cleaners, laundry service, $595.25; Stoney Brook Ent Inc., supplies, $92.45; Street Graphex, soccer shirts, $894.57; Swenson Tree Service, tree removal, $1,400.00; Syn-Tech Systems, cloud hosting/maint agreement, $3,538.00; Teamlab, supplies, $447.00; Trapp Plumbing Co Inc., repairs/plumb Pribyl concessions, $2,904.97; Twin Valley Tire, tire service/tires, $6,146.53; US Bank, bond payment/fees, $53,601.51; US Postal Service, billing expense, $600.00; USA Bluebook, testing supplies, $713.14; Valley Liquor, Unity prom supplies, $213.22; Valley Office Products, supplies, $727.86; Valley Rental & Recycling LLC, recycling agreement, $900.00; VanVooren, Boyd, supplies, $455.41; Veen, Dylan, clothing allowance, $161.42; Weber, Donald, clothing allowance, $106.50; Whetstone Home Center, supplies/parts, $1,565.58; Whetstone Sanitation, garbage/portable service, $689.00; Whetstone Valley Electric, electric/repairs, $15,302.03; Wiese Electric, replace lights, $1,661.23; Xerox, copier leases, $483.00; Zem’s Inc., install washer, $50.00; Zoom Video Communications, subscription, $18.04.

$458,854.69

• Approve the treasurer’s report.

• Cancel June 2, 2026, municipal election.

• Award the Airport Engineering & Planning Services RFQ to SPN Helms Engineering & Surveyors for the Milbank Municipal Airport.

• Allocate $200,000 bond funds for implementation of the Emerald Ash Borer (EAB) Mitigation Plan.

• Street material bids. No bids were received. Approve quote submitted by Bituminous Paving Inc.: Schedule #1, hot mix material picked up – $81/ton. Schedule #2, Machine laid asphalt – $87/ton. Schedule 3, asphalt milling - $3.30/syd. Schedule #4, chip seal – $2.45/syd.

• Approve hire of Dave Heidemann, seasonal park, effective 3/24/26, $16.23.

• Approve Amendments: #1, an additional $13,900 to the Banner Engineering Inc. engineering agreement for the Milbank Storm Shelter at Lake Farley. This included modifying the design to increase the size of the building and altering programming requirements to meet the expectations of the grant requirements. Amendment #3, an additional $28,600 to the Banner Engineering Inc. engineering agreement for the Milbank Storm Shelter at Lake Farley.

This included coordination with FEMA to relocate the site from the original location. Design modifications and additions to accommodate an ADA-compliant shower room. Coordination with the contractor to attain certified FEMA-approved Louvers. Prepare a cost breakdown of building program spaces, building materials, equipment, and accessory items to separate the FEMA grant-approved building portions from the city building portions.

• Resolution 4-13-26 – Lot merger, Lots 5 & 6, Block 12 Hurley’s Addition.

RESOLUTION 4-13-26

LOT MERGER AGREEMENT

THIS LOT MERGER AGREEMENT is made this 4th day of March 2026, by and between Jason Humpton (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 26001 to construct a fence 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 17.47. The City and Property Owner agree as follows:

1. Property Owner and City do hereby agree that the lots described as HURLEY’S ADDITION LOT 5&6 BLOCK 12 (13,419.59 SF) the plat for which is recorded in the Register of Deeds of Grant County in Book 5, 016 and as more fully described in a deed from JAG Development LLC to Jason and Cynthia Humpton dated 9/22/2025 and recorded at the Register of Deeds of Grant County in Book 5 Page Book 130 pages 189 & 190 (“the Lots) are subject to the terms and conditions of this agreement.

2. Upon execution of this Agreement by all parties, the Lots shall be merged for the purpose of serving a single principal use as described by and under the conditions imposed by the City of Milbank.

3. This agreement shall be recorded with 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 resubdivided 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 hereunto set their hands and seals on the date and year first above written.

Jason Humpton,

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 13th day of the month of April, in the year 2026.

THE CITY OF MILBANK,

Grant County, South Dakota,

a municipal corporation,

By: Pat Raffety, Mayor

ATTEST:

Cynthia Schumacher,

City Finance Officer

• Resolution 4-13-26A – Adoption of the Grant County Pre-Disaster Mitigation Plan 2026-2031.

RESOLUTION #4-13-26A

Resolution Adopting the Grant County Pre-Disaster Mitigation Plan 2026 – 2031.

WHEREAS, Grant County received assistance in the preparation of the Grant County Pre-Disaster Mitigation Plan 2026-2031 from representatives of City of Milbank and received funding from the South Dakota Office of Emergency Management/FEMA; and

WHEREAS, several public planning meetings were held between December of 2024 and October 2025 regarding the development and review of the Grant County Pre-Disaster Mitigation Plan 2026-2031; and

WHEREAS, the Grant County Pre-Disaster Mitigation Plan 2026-2031 contains several potential future projects to mitigate hazard damage in City of Milbank; and

WHEREAS, the Federal Emergency Management Agency (FEMA) has rendered its approval of the Grant County Pre-Disaster Mitigation Plan on December 9th, 2025, and

WHEREAS, a duly noticed public hearing was held by the Grant County Pre-Disaster Mitigation Team on September 29th, 2025, to solicit public comment on the Grant County Pre-Disaster Mitigation Plan 2026-2031; and

WHEREAS, a duly noticed public meeting was held by the Milbank City Council to formally approve and adopt the final Grant County Pre-Disaster Mitigation Plan 2026-2031.

NOW, THEREFORE BE IT RESOLVED that the Milbank City Council adopts the Grant County Pre-Disaster Mitigation Plan 2026-2031.

ADOPTED AND SIGNED this 13th day of April 2026.

Pat Raffety, Mayor

ATTEST:

Cynthia Schumacher,

Finance Officer

• Approve Resolution 4-13-26B – Acceptance of utilities in the JAG Development.

RESOLUTION 4-13-26B

A RESOLUTION ACCEPTING PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH THE JAG DEVELOPMENT PROJECT.

WHEREAS, the City of Milbank was presented with completed public infrastructure improvements associated with the JAG Development Project for approval on June 9, 2025; and

WHEREAS, said improvements include underground utilities, sidewalks, curb and gutter, and related appurtenances constructed in accordance with City standards and approved plans; and

WHEREAS, City staff have reviewed the improvements and determined them to be substantially complete and acceptable for public ownership and maintenance; and

WHEREAS, acceptance of these improvements is necessary to formally transfer responsibility for maintenance and operation to the City of Milbank;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Milbank, South Dakota, that the following public infrastructure improvements are hereby accepted:

- Jefferson Drive between 10th Avenue and 11th Avenue

- Eleventh Avenue between Adams Drive and east of Jefferson Drive (mid-street)

BE IT FURTHER RESOLVED that this acceptance includes all associated underground utilities, sidewalks, curb and gutter, and related improvements constructed within the above-described areas;

BE IT FURTHER RESOLVED that upon adoption of this resolution, the City of Milbank assumes responsibility for the maintenance and operation of said improvements in accordance with applicable City policies and standards.

Aye: 5

Nay: 0

Absent: Mindy Rogers

Dated this 13th day of April 2026.

Pat Raffety, Mayor

ATTEST:

Cynthia Schumacher,

Finance Officer

Presentations & Open Forum –

• Todd Kays, Director of First Planning District Association of Local Governments, explained that First Planning District, one of six regional planning and development districts in South Dakota, has served 11 counties and 76 municipalities since 1971. It is governed by a 35-member board. They are staffed with nine employees. Funding comes from membership dues (25%), federal funds (5%), state contractual work (14%), and mainly fee-for-service activities. First District supports municipalities in grant/loan applications and, if funded, in subsequent administration; also specializes in planning/zoning, research, GIS, and revolving loan funds (about $4 million in regional investment). Grant successes include $27M in grants/loans brought into the region last year; $21M of that was for distance-related projects. Notably, for every $1 in dues, $63 in state/federal money was leveraged.

Recent and current projects in the area include assistance with pre-disaster mitigation (PDM) plan updates – paving the way for storm shelter funding. Milbank was recently awarded a $2M grant and $15M loan (details pending) for sewer projects. They will partner with the Planning Commission to begin updating the comprehensive land use plan and to form a formal cooperative agreement between the City and County for land development planning.

• EverGuard Tree Solutions – Duane Hasted of EverGuard Tree Solution presented an alternative approach to Emerald Ash Borer (EAB) management, drawing on 52 years of experience in the tree industry. He introduced Biomentum Tree Care Solution, a non-chemical biological spray that combines beneficial fungi, bacteria, a comprehensive mineral suite, and amino acids derived from pig renderings. The product is applied to the trunk, foliage, and soil to stimulate tree health, accelerate regeneration, and provide natural EAB deterrence. Hasted noted that Biomentum is effective beyond ash trees, having been used to address hackberry decline, crabapple diseases, lilac issues, and evergreen conditions such as rhizosphaera needle cast.

Josh Wollschlager of River Bottom Tree Service echoed Hasted’s endorsement, noting that he treats every tree his company plants with Biomentum as standard practice. Since adopting the product, he has seen minimal tree loss and expressed strong confidence in its results.

Following the presentation, the Council agreed that conventional, state-recommended injections will remain the primary treatment plan in accordance with Dr. Ball’s guidance. However, park staff should explore establishing small-scale trial plots to evaluate the biological approach, with the possibility of revisiting the program’s broader integration once results are available.

Action Items –

• Jamie Henderson with the Chamber of Commerce, presented requests for public property use in connection with two upcoming community events. Cinco de Mayo Festival on May 2, and Farley Fest on June 19-20, 2026. The Chamber requested a waiver of the park’s daily use fee, citing the events are free, community-oriented nature. A motion was made and seconded to reduce the daily fee to $100 for Cinco de Mayo and $200 for Farley Fest. Discussion touched on the city’s actual costs, including power consumption and vendor power charges, with the Council’s intent being to recover direct expenses while maintaining fairness to other park users. Motion carried 5-0.

• A public hearing was held to consider the Chamber of Commerce’s special liquor license applications for two upcoming community events: the Cinco de Mayo Festival on May 2 (2 – 10 p.m.) and Farley Fest on June 19 – 20, 2026 (10 a.m. – 12 a.m. daily). The Council discussed a request to waive the associated special liquor license fees but determined that, due to direct costs to the city, the fees would not be waived. A motion was made and seconded to approve the liquor licenses while retaining the license fees, carried 5–0.

• VanVooren noted that the Park and Recreation Board had reviewed and approved the Legion Field Use Policy for Council consideration. The policy covers scheduling, volunteer and cleanup requirements, city promotion, community engagement, alcohol use, and fees. A motion was made and seconded to approve the policy, with the amended admission-fee language specifying that the city will receive 50 percent of all admission fees, as determined during the approval process. The motion carried 5-0.

• The Council reviewed Ordinance 867, a supplemental budget related to a $175,000 donation received through the Milbank Ball Diamond Association/Heart of Milbank. The funds are designated for capital improvements at Legion Field. The MBDA requested that the funds be used to go toward a new concession stand, bathrooms, and concrete for the batting cage, as well as new fencing at Pribyl Park. Discussion arose regarding the proper allocation of budget line items between Legion Field and the general parks account. A motion was made and seconded to allocate the funds to the park capital and approve the first reading of Ordinance 867 as amended. Motion carried 5-0 by roll call.

• The Council reviewed three bids for the removal of trees relating to Emerald Ash Borer.

1. Nick’s Tree Service, $29 per diameter inch.

2. Glacial Lakes Tree Service, LLC, $37.25 per diameter inch.

3. Swenson Tree Service, $45 per diameter inch.

A motion was made and seconded to accept the three-year bid submitted by Nick’s Tree Service at $29 per diameter inch (DBH at 4.5 feet) with an annual cap of $100,000. The contractor shall take precautions to prevent property damage during removal work, address rutting, and complete site restoration. Motion carried 5-0.

• The Council reviewed two bids for the treatment of Emerald Ash Borer trees.

1. Nick’s Tree Service, $9 per diameter inch.

2. Glacial Lakes Tree Service, LLC. $9.85 per diameter inch.

Pendergrass explained that, due to a miscommunication, Dewey’s Lawn Care submitted a verbal quote of $10 per diameter inch.

A resident questioned the city’s plan for enabling private property owners to access discounted injection services. Council clarified the confusion between the bid language and the city’s intent; currently, no formal city/private partnership exists to offer such discounts. Nick Anspach, owner of Nick’s Tree Service, stated that he would honor the bid price for the treatment of a private residence.

A motion was made and seconded to accept the three-year bid for EAB treatment submitted by Nick’s Tree Service at $9 per diameter inch (DBH at 4.5 feet) with an annual cap of $90,000. Under the contractor’s agreement, the bid price will also be made available to private residents, subject to reasonable adjustments for changes in chemical prices. Motion carried 5-0.

Discussion Items –

• Citywide Spring Cleanup Days were scheduled for the week of May 31 – June 6, 2026. National Guard involvement is scheduled to assist. Rates to be determined and finalized at the May council meeting.

• Unity Health & Recreation Center Expansion – Four early concept plans were presented. The Park Board and staff are collaborating with contractors and product suppliers. A meeting is scheduled with Hasslen Construction.

• Brownfields Project – Sponsored by the South Dakota Department of Agriculture and Natural Resources (DANR), this initiative identifies properties where expansion, redevelopment, or reuse may be complicated by the presence of hazardous substances, pollutants, or contaminants. First District Association is partnering with DANR to develop a comprehensive inventory of potential commercial and industrial brownfield sites — including vacant lots, abandoned commercial buildings, and underutilized business properties that have stalled in redevelopment due to environmental concerns.

• Office 365 / IT Platform Transition Overview – Pendergrass provided an overview of the City’s ongoing evaluation of a transition from its current IT management platform. The City has been presented with an opportunity to participate in the State of South Dakota’s SecureSD Program, administered in partnership with Dakota State University. This initiative would facilitate a transition to a Microsoft 365 Government Community Cloud (GCC) environment and establish a verified milbanksd.gov domain. Local implementation support would be provided by TwoTrees Technologies, a state-aligned vendor.

The SecureSD program provides enhanced cybersecurity protections aligned with federal standards; government-grade email and data hosting (GCC environment); improved phishing, spoofing, and impersonation protections (Defender Plan 2); standardized identity management and multi-factor authentication; and alignment with state-supported IT infrastructure through 2028.

The transition covers full email migration, multi-factor authentication, Microsoft Defender deployment, and configuration of domain authentication standards (DKIM, DMARC, SPF) – all working together to significantly strengthen the City’s cybersecurity posture. Beyond operational improvements, adopting a .gov domain builds public trust by confirming the authenticity of official communications and reducing exposure to phishing and fraudulent activity.

Staff Reports –

• Police – Chief Hooth reported that SRO Folk has submitted the monthly activity report. Department staff participated in several professional training sessions and community engagement events during the month. The delivery of the new squad vehicle has been delayed due to an equipment backorder. DARE graduation is scheduled for May 14th.

• Fire – Schuelke reported they attended vehicle extrication training using new battery-operated tools. The fire truck expected two arrive in next two months.

• Severe Weather Awareness Week: sirens scheduled for April 15th. The fire siren will sound at 10 a.m. and the weather alert siren will sound at 10:15 am. A weather spotter class will be held April 23rd.

• Parks & Recreation – VanVooren reported that staff have been busy with ongoing projects at Lake Farley Park and Pribyl Park. Registration is currently open for most summer recreation programs and sports.

• Water/Wastewater – Breon reported that routine hydrant flushing is currently underway. A water main break on Bell Avenue has been repaired. He attended regional water conferences. Hydrant repairs have been scheduled.

• March Permits: John Trevett – 703 E. Milbank Ave. – moved garage. Kyle & Melanie Schwandt – 703 S. 7th St. – roofing, asphalt. Steve & Tonya Pendergrass – 1009 S. Viola St. – sign. Jacob & Britta Hanson – 107 S .Viola St. – accessory structure.

• March Salaries: Mayor/Council - $2,900. Finance - $25,088. Police - $42,751. Fire - $1,862. Streets - $25,078. Rubble Site - $950. Recreation - $6,071. Pool - $897. Fitness - $5,935. Unity - $12,855. Park - $12,401. Water - $11,555. Sewer - $22,352.

Executive Session – A motion was made and seconded to enter Executive Session pursuant to SDCL 1-25-2(1) personnel and 1-25-2(3) Legal. Motion carried 5-0. Mayor Raffety called the Council out of Executive Session.

Adjournment – The next regular meeting is May 11, 2026, at 6 p.m. A motion was made and seconded to adjourn at 8:30 p.m. The motion carried 5-0.

Pat Raffety, Mayor

ATTEST

Cynthia Schumacher,

Finance Officer

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