Milbank City Council Proceedings – July 10, 2023

July 10, 2023

Call to Order - The City Council met in regular session on July 10, 2023, at 7:00 pm in the Visitor Center, 1001 East Fourth Avenue, Mayor Raffety presiding.

Roll Call - Mayor Raffety. Councilmembers: Roger Briggs, Mike Hanson, Josh Karels, Mindy Rogers, Craig Weinberg, and John Weyh.  Absent: none.

Staff Present: Attorney Mark Reedstrom, John Forman, Cynthia Schumacher, Corey Hooth, Kevin Schuelke, Dan Keyes, Darin Thiele, Dick Poppen, Donald Settje.

Public Present: Holli Seehafer and Kathy Ward.

Oath of Office – Attorney Mark Reedstrom administered the Oath of Office to elected Ward 1 Councilman John Weyh.  

Public Comments – There were no public comments. 

Minutes – A motion was made and seconded to approve the minutes of the June 12 and June 28, 2023, meetings. Motion carried 6-0.

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

1. Ratify hiring  Ashlynn Batchelor-Unity lifeguard-$14.51, effective 6/22/23. Ethan Seyer-Unity lifeguard-$14.51, effective 7/27/23.

2. Approve Commercial Garbage Collector Licenses: Waste Management, Sackreiter Investments DBA Whetstone Sanitation.

3. Approve Haulers of Recyclable Materials: Robert Sackreiter, Valley Rental & Recycling, LLC, Waste Management.

4. Approve Arborist’s Licenses: Swenson Tree Service, Milbank House Movers, Kenneth Vanorny, Jacobsen Tree Experts.

5. Accept resignation of Officer Ted Bray, effective 7/23/23.

Election of Officers –  A nomination was made and seconded to nominate Craig Weinberg as Council President.  Nominations ceased, and a unanimous ballot was cast for Craig Weinberg as Council President.

A nomination was made and seconded to nominate Josh Karels as Vice-President.  Nominations ceased, and a unanimous ballot was cast for Josh Karels as Council Vice-President.  

Mayor Appointments – A motion was made and seconded to approve the following employee appointments.  City Administrator John Forman, Finance Officer Cynthia Schumacher, Police Chief Corey Hooth, Fire Chief David Giessen, Assistant Fire Chiefs John Weyh and Justin Mathiason, City Attorney Mark Reedstrom.  Motion carried 6-0.

Council Committee Appointments were approved: Airport-Mayor Raffety. Milbank Area Chamber Liaison-Craig Weinberg. Finance-Craig Weinberg. Grant County Emergency Management-John Forman. Grant County Development Corporation-Mayor Raffety.  Housing-Josh Karels, Mike Hanson. Planning & Zoning-Craig Weinberg. Personnel-Mindy Rogers, Mike Hanson. Police-Josh Karels. Property Standards-Craig Weinberg, John Forman. Public Works-Mayor Raffety. Cemetery-Mike Hanson. Parks-Mindy Rogers, Mike Hanson. Rubble Site-John Weyh. Streets-Josh Karels. Wastewater-John Weyh. Water-Roger Briggs. Unity Health & Fitness- Mindy Rogers. 

Police Reserve and Fire Department Rosters - Both rosters were unanimously approved and placed on file.  

Department Reports

Water - Councilman Briggs stated the SD Board of Water and Natural Resources approved a SRF loan for $12,500,000 to improve the city wells and pumping station.  

Crews are on site to repair and paint the large water storage tank.  Therefore, only the small storage tank is in use, making it difficult to keep up with water demands.  Residents were reminded that water restrictions are in place.  The city is utilizing 48% spring water.

Project update: Thien Well Company has completed inspecting and cleaning the three wells.   The spillway by the springs has been undermined by water and will need to be repaired.  It was determined that well one and two are good, the pumps should be set deeper.  Well house one needs repairs.  Well three is old, and a new well is recommended. Banner Engineering will begin the design for the dosing building. Once electrical specifications are known, work will begin with Otter Tail Power to install a larger transformer.  Engineers are aiming to bid on the project this fall. 

The Council discussed upsizing the water main requested by Arvid Liebe, west of town, to provide adequate fire protection.  The cost of the upsize to the main, who should bear the cost, and the property being outside city limits was discussed.  Fire Administrator Schuelke stated, based on the scenarios discussed, a fire there would still be treated as a rural fire.  No action was taken.  

Housing & Development – A motion was made and seconded to declare Lots 8 and 17, Block 59, Original Townsite surplus.  Motion carried 6-0.  Staff was directed to order appraisals and research an egress/ingress easement issues on Lot 8.  

Wastewater – Staff continues with routine maintenance, adjusting to low flows.

  Planning & Zoning – A motion was made and seconded to approve the second reading of Ordinance 848 –  Amending Chapter 17, Zoning Regulations.  Motion carried by roll call vote 6-0.

The Board of Adjustments approved a conditional use permit requested by Misty Lemke and Angie Bowen for the operation of a retail shop located at 520 S Dakota Street, Lots 8 & 9, Block 5, Merritt’s Addition.

June Permits

Building: John Gesswein-203 S 9th St-deck. Valley Queen Cheese Inc.-200 E Railway Ave-commercial addition. JAG Development 1107 Adams Dr-house/garage. JAG Development-1007 Adams Dr-house/garage. Justin Mathiason-202 N Dakota St-commercial accessory structure. Jeremy Lapp-104 S Viola St-deck.  David Loup-145 Diggs Ave-ramp. 

Moving: none. 

Fence: Miranda Koepke-512 S 5th St-wood privacy fence.

Roofing: Gail Folk-701 S Huron-asphalt. 

Special Event Permits: Ameriprise-Lake Farley,6/23/23-drivethru picnic.  Whetstone Valley Electric, Lake Farley, 7/26/23, employee picnic.  First Interstate Bank, 3rd Ave/2nd St parking lot, 7/13/23-customer appreciation lunch.  Milbank Area Chamber, Flynn Park, Tuesday afternoons 6/13 through 9/26/23, Farmers Market.  Milbank Area Chamber-Lake Farley, 7/4/23, 4th of July Celebration.

GCDC & Chamber – No report.

Lake Farley – Bids will be let for the baseball field fencing.

Property Standards – Council discussed the unsightliness of weeds growing along the sidewalks on highways 12 and 15.  Residents are being asked to remove and or spray them.  

Police – The department is authorized for eight officers. With the resignation of Officer Bray and reserve Nic Bray, the department is down to four certified officers, one uncertified officer  and two reserves.  Chief Hooth thanked Ted and Nic Bray for their many years of service to the city and community.  

Chief Hooth reported the Dodge squad needs extensive repairs.  Kevin Schuelke explained these repairs are common for this vehicle and if there were no other issues with the vehicle, he would recommend doing the repairs.  

The technology upgrades are moving forward with the purchase of five laptops.  Docking stations have been ordered.  A 2023 Tahoe will replace the 2016 squad.

Park & Cemetery – The soccer field bleachers arrived and have been assembled. Water drinking fountains were installed at Pribyl and Flynn parks.  There are over five hundred ash trees on the city cemetery and parks property.  The park crew has started removing them.  A quote was received for the removal of the trees in the cemetery around the headstones.  The Council was reminded there is a small budget for tree removal in 2023.  The 2024 budget will need to include additional funds.

Unity Health & Fitness – Staff is preparing for the 2023 Summer CommUnity Celebration to be held August 26, 2023.  Registration is now open for flag football and the FCA football camp.  Two pickleball court lines will be taped on tennis court number 4.  The bike pump track project is moving forward, to be completed in 2024.  The procurement of a new electronic sign was discussed as the sign at the Visitor Center has reached the end of life.

The Grant County Combined Appeal Program applications have been completed and submitted for assistance with youth programs and membership assistance.  

Draft ordinances will be submitted next month for the tracking and management of food truck vendors and regulations regarding the commercial use of parklands.   

The Bicycle/pedestrian trails committee held an open house providing opportunities for the public to express their questions, concerns and wishes.  

Fire – A generator will be obtained for the fire hall; this will allow the hall to qualify as a backup EOC.  The following changes were made to the roster – add Dustin Prisinger.  Remove Dave Ehlebracht and Adam German.  

Rubble Site – Hours of operation were discussed.  No action was taken.

Streets – The railroad project on Main Street will begin this week.  

Engineer Junker previously reported that state and federal funding for the local bridges is four to five years out.  Surveying and design could be started.  No action was taken.  

Airport – No report.

Finance – A motion was made and seconded to table the June treasurer’s report at the request of finance officer Schumacher.  Motion carried 6-0.

A motion was made and seconded to approve the bills list, $356,041.74. Motion carried 6-0.

4Most Sport Group, LLC, 3rd quarter scheduled visit, 6,250.00; Advanced Technologies Inc., shipping, computers, supplies, 9,799.99; Amazon, supplies, equipment, parts, 576.21; American Red Cross, training supplies, 42.00; Associated Supply Co., supplies, parts, 538.20; AT&T Mobile, cell phone, 511.81; Auto Value Parts Store, parts/supplies, 947.13; Banner Associates Inc., engineering, 30,725.00; Benchmark Tool & Supply, laser, tripod, flags, 967.20; Berens Market, supplies, 11.83; BIB, background checks, 14.42; Big State Industrial Supply, supplies, 199.00; BSN Sports, windscreen, 765.00; Card Pointe, card fees, 548.75; CHS, gas, 1,402.38; City of Milbank, deposit to final bill, 100.00; Climate Systems, system repairs/service agreement, 2,194.88; Corporate Technologies Inc., managed services, IT support, 1,915.00; Crown Awards Inc.,

plaque, 98.81; Dewey's Lawn Care, supplies/repairs, 279.67; Eastside Car Wash, truck wash usage, 22.26; EideBailly LLP, audit fees, 13,000.00; Energy Laboratories, Inc, testing, 3,201.00; FACe - Propay, transaction fees, 12.17; Ferguson Water Works, meters, 29,160.00; Flexible Pipe Tools & Equipment, parts, 28.20; Folk, Jake, travel expense, 161.01; Food-N-Fuel, gas, 196.16; Freemotion Fitness, equipment  parts, 514.58; Galeton, supplies, 122.95; Google, YouTube subscription, 12.77; Grant County Auditor, county services, 1,000.00; Grant County Historical Society, displays, 2,000.00; Grant County Review, publications, 699.20; Hasslen Construction, pay request 1-splashpad project, 58,645.00; Hawkins, Inc., chemicals, 5,101.08; Heiman Fire Equipment, phos-chek/tools/light, 1,135.64; Interstate All Battery Center, batteries, 500.55; ITC, phone, internet, 1,610.61; J&J Earthworks Inc., class 5, 1,458.77; John Deere Financial, tractor repairs, 272.36; Karl Chevrolet, 2023 Tahoe, 41,407.00; Kelly Kutters LLC, mowing contract, 16,784.78; Lacal Equipment, Inc., parts, 512.88; Landmark, Julie, tile repairs, 26.92; Larson Elevator, elevator repairs, 2,385.23; Linde Gas & Equipment Inc., air system, 50.64; M&T Fire & Safety, rescue suits, 4,940.00; McLeod's Printing, election supplies/tickets, 209.90; Midwest Deep Tine LLC, field aerification, 3,236.29; Midwest Power Sports,  parts,

1,499.93; Milbank Ball Diamond Assoc., FIB funds-youth softball dues, 1,000.00; Milbank Ford-Mercury, vehicle service, 81.01; Milbank Winwater Co., parts, 901.54; MnB Cleaning Services LLC, cleaning service, 4,800.00; Moldenhauer Trust, Norman, water protection agreement, 5,890.40; Moldenhauer, Laverna, water protection agreement, 15,255.20; Money Movers, NIHCA membership fee, 11.25; NAPA Auto Parts, parts, supplies, 254.46; NW Energy, natural gas, 101.82; Oriental Trading, supplies, 7.01; Otter Tail Power Co., electric, 25,525.26; Outdoor Aluminum Inc., bleachers, 26,640.00; Petty Cash, postage, 56.34; Racarie, HR application support, 105.00; Ramptech, skate park equipment, 2,998.20; Redwood Toxicology Laboratory, test kits, 181.25; Reedstrom, Mark, retainer fee, 1,000.00; Reimche Airspray LLC, FBO Contract, 1,500.00; Runnings Supply Inc., supplies, parts, 1,732.78; Safeguard Business Systems, Inc, utility bills, 845.26; SD Dept of Revenue, sales tax, 1,948.66; SD Public Health Lab, testing, 270.00; SDSRP, program fee, 45.00; Settje, Donald, expense reimbursement, 29.05; Share Corp, supplies 748.75; Sirchie Acquisition Co., supplies, 199.67; Site One Landscape Supply LLC, insecticide, 581.43; South Dakota 811, one calls, 88.20; Spotify, subscription fee, 10.64; Squarespace.com, domains, 289.68; Star Laundry & Cleaners, laundry service, 908.75; Stengel Repair, repair Ranger, 407.55; The Valley Shopper, advertising, 520.87; Twin Valley Tire, tires, tire service, 381.87; UPI Petroleum, gas, 3,205.96; US Postal Service, postage, 452.60; USA Bluebook, supplies, 1,734.97; Valley Office Products, supplies, 811.30; Valley Rental & Recycling, recycling agreement, 650.00; Vessco Inc., parts, 1,907.63; West Central Communications, equipment, 97.90; Whetstone Electric, electric, 366.93; Whetstone Home Center, supplies, 392.33; Whetstone Sanitation, garbage service, 939.00; WM Corporate Services, Inc., garbage service, 2,258.18; Zoom Video Communications, Zoom video subscription, 112.88.

356,041.74

A motion was made and seconded to approve Resolution 7-10-23, Northeastern SD Health Plan.  Motion carried 6-0.

RESOLUTION 7-10-23

A Resolution authorizing an Allonge to the City of Milbank Economic Development Revenue Bonds (Northeastern South Dakota Health Plan) Series 2015B and Authorizing Mayor and Finance Officer the Authority to Execute and Deliver the Allonge to Bremer Bank.  

Whereas, the City issued the City of Milbank Economic Development Revenue Bonds (Northeastern South Dakota Health Plan) Series 2015B, dated October 21, 2015; and 

Whereas, Bremer Bank (“Lender”) has requested that the City execute an Allonge to Bond (the “Allonge”), to address the elimination of the LIBOR Rate as the standard for setting interest the Bond and replace such with a new interest rate index as more specifically set forth in Allonge attached hereto as Exhibit “1”.  

Now Therefore Be it Enacted by the City Council of the City of Milbank, South Dakota (the “Issuer”) as follows:

Section 1. Authority for this Resolution.  This Resolution is adopted pursuant to the provisions of South Dakota Codified Law Chapter 9-54; and other applicable provision of low (collectively, the “Act”)

Section 2. Addendum Authorization.  The City Commission hereby authorizes the execution and delivery of the Allonge, including the Addendum, attached hereto as Exhibit “1”.  The Mayor and Finance Officer are authorized to execute the deliver the Lender such Allonge and the Addendum on behalf of the City.

Section 3. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperable or unenforceable to any extent whatsoever.  

Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. City of Milbank

Pat Raffety, Mayor

ATTEST:

Cynthia Schumacher,

Finance Officer.

  Ordinance 849 – 2023 Supplemental Budget Ordinance.  Mayor Raffety explained most of the items were originally budgeted for 2022.  However, they were not completed or invoiced until 2023.  A motion was made and seconded to approve the first reading of Ordinance 849.  Motion carried by roll call vote, 6-0.  

The arts council made a financial request.  Mayor Raffety directed staff to obtain a formal, written request detailing the desired assistance. No action was taken.

June salaries: Mayor/Council $1,600; Finance $19,437; Police $33,067 Fire $1,751; Street

$11,792; Rubble Site $944; Recreation $32,516; Park $22,026; Water $7,048; Wastewater $14,838.

Personnel – The Council reviewed  two proposals to complete a compensation study for the city of Milbank; Public Sector, $7,000-$8,500.  Economic Research Institute, $4,750-$6,600.  After reviewing both proposals, a motion was made and seconded to approve and secure services from Economic Research Institute, not exceed $6,600.  Motion carried 6-0.

Several city job positions remain open due to lack of applicants.  As a result, city staff has reached out to Lake Area Technical College to explore opportunities that might be available within the Build Dakota Scholarship Fund programs.   Various programs are available to assist students with tuition costs while partnering with future employers. 

Executive Session -A motion was made and seconded to go into Executive Session pursuant to 1-25-2(1). Motion carried 6-0. Mayor Raffety called the Council out of executive session.

A motion was made and seconded to hire Darin Thiele as Public Works Coordinator, effective immediately, step 18-8, $5,845.47/mo.  Motion carried 6-0.

A motion was made and seconded to approve a salary increase for Police Chief Corey Hooth, effective immediately, step 18-8, $5,845.47/mo.  Motion carried 6-0.

Adjourn – The next regular meeting is August 14, 2023, at 7:00 p.m. A motion was made and seconded to adjourn. Motion carried 6-0.

/s/ Pat Raffety, Mayor

ATTEST

/s/ Cynthia Schumacher, 

Finance Officer

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