Proceedings_City of Hot Springs March 16, 2020

Proceedings

Unofficial Minutes of the Regular Meeting of the
Common Council of the City Of Hot Springs
March 16, 2020
A regular meeting of the Common Council of the City of Hot Springs, South Dakota, was convened on March 16, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor George Kotti presiding
Members Present: Ray Ecoffey, David Burris, Bill Lukens, Bob Nelson, Ron Richards, Alison Ritterbush, Craig Romey and Caitlin Turner
Staff Present: City Administrator John Gregory, Finance Officer Misty Summers-Walton, MCC Staff Karl Bochert, Development Coordinator Scott Sogge and City Attorney Garland Goff
All actions recorded in these minutes were by unanimous vote unless otherwise stated.
In light of the COVID-19 pandemic, the Mayor announced that City facilities would remain open on a day by day basis with a current limit of 50 people maximum per facility. Based on daily input from the SD Department of Health, Fall River Health Services and medical providers, city personnel would determine whether city facilities would remain open and under what limitations. Residents were urged to maintain good hygiene habits and if not feeling well to stay home. Those exhibiting symptoms such as a cough, fever and difficulty breathing, please get tested for the coronavirus through your healthcare provider.
Agenda: Mayor Kotti removed item “a” under personnel, and item “l” under new business from the agenda. Moved by Nelson, seconded by Ritterbush, to approve the amended agenda
Minutes: Moved by Romey, seconded by Turner, to approve the regular council meeting minutes from 3/2/20
Claims: Moved by Nelson, seconded by Richards, to approve the bills in between of $145,300.91
Bills In Between: March 16, 2020: City of Hot Springs, $23,482.70, General Payroll; City of Hot Springs,  $5,429.11, Golf Payroll; City of Hot Springs, $9,658.58, Water Payroll; City of Hot Springs, $6,785.81, Sewer Payroll; City of Hot Springs, $11,685.48, Evans Plunge Payroll; City of Hot Springs, $16,872.07, Payroll Deductions; Wellmark BC/BS, $29,005.63, Premium; Dearborn National Life, $130.20, Premium; SDRS, $17,311.04, Retirement Reporting; SDRS Supplemental, $320.00, Happe, Wainman, Summers-Walton Retirement Reporting; Chamer of Commerce, $5,363.97, 80% LLD; Fall River Sanitation,  $13,725.70, Payments Collected; SD Dept of Revenue,  $2,994.70, Sales Tax Reporting; Golden West, $1,896.81, Monthly Charges; ETS, $24.13, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $384.80, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $203.97, City/Water Monthly Credit Card Processing Fee; Custer-Fall River Regional Waste Mgt, $26.21, Solid Waste Landfill Fees; Total: $145,300.91
Moved by Turner, seconded by Burris, to approve the current claims of $146,511.80, with a claim to SDML for $42 on page 1 removed due to cancelation of the event
Current Claims: March 16, 2020: A & B Welding, $244.93, Utility Clamp, 3 Sliding Clamp; A & H Truck Salvage, $60.00, Door Glass (F-700); Ace Hardware, $1,133.73, 2 Ice Buckets, 2 Mops, Windex,; Alsco, $64.79, Towels, Urinal Mats, Mops; B. H. Technologies, Llc, $10,810.00, Jan & Feb 2020 Monthly Rate, B; Badger State Recovery Inc, $95.55, 637 Lbs Document Shred; Best Western Plus Ramkota, $150.00, Lodging 3/2 & 3/3/20 J. Happe ; Bill’s Heating & Air Condition, $581.83, Replace Bearing, Sensor Confer; Black Hills & Badlands Tourism, $5,495.26, 2020 Vacation Guide Full Pg Ad; Black Hills Energy, $1,019.70, Hs Xmas Lights On Demand Acct; Bomgaars Supply, $146.06, 2 Bits, Nut Driver, Strainer/B; Century Business Products, $316.16, Feb 2020 Printer Contract; Chamber Of Commerce, $1,138.83, 80% Lld Municipal Tax Dist 2/2; Core & Main Lp, $4,904.88, Omni 2 R2 100G 17Ll 4Whl, 2 Me; Vamc, $650.75, Cwt Worker 27 Hrs at $9.50Hr; Dean Kurtz Construction, $73,196.78, Wet Well Reconstruction Pymt #; Fall River Auto, $140.23, Steering Stablizer; F. R. County Auditor, $1,156.91, Feb 2020 Hwy Fuel Usage; Fall River County Herald Star, $873.45, Feb 3Rd Proceedings, Notice Of; Gall’s Llc, $212.23, 1 Shirt, Jacket, Thermal, Ear ; Garland Lee Goff, $2,472.80, Feb 2020 Legal Services Render; Happe Jason, $347.12, Meal & Mileage Reimbursement 3; Hawkins, Inc, $1,686.30, Azone Bulk, Bleach & Alkali; Hills Toilet Service, $25.00, March Port-A-Pot Rental; Hillyard/Sioux Falls, $238.65, 1 Cs Trash Bags, Cleaning Pads; John Deere Financial, $14,061.27, 1550 Terrain Cut Commercial Fr; Julianne Standen, $30.00, 6 Patches Applied; Marco Technologies Llc, $40.73, 1/25/20 - 2/24/20 Printer Cont; Midcontinent Testing Laborator, $466.50, Feb Water Testing Fees, Testin; Nelsons Oil & Gas, $7,778.00, 9577 Gal Propane; Premier Pyrotechnics Inc., $5,000.00, Bid Support Of Cohs Fireworks; Qualified Presort Service, Llc, $549.40, Feb 2020 Water Bill Postcards; Rapid City Journal, $220.24, 512-2 Notice - Denr Affidavit; Rapid Delivery, $14.38, Delivery Chge Door Glass A&H T; Rushmore Communications,Inc., $220.00, 2 Tested & Reset Radio Console; Sd Dept. Of Revenue, $21.20, Title, Registration, Plates 20; Sadell Neuhardt, $62.56, Mileage& Meal Reimbursement 3/; Sams Club, $131.66, Paper, Tape, Pens, Note Pads,; Servall, $52.48, Towels 3/3/20; South Dakota One Call, $8.96, Feb Message Fees; Sturdevants Auto Parts, $270.29, Bearing Cup, Bearing; Misty Summers-Walton, $87.36, Mileage Reimbursement Fhafoa M; Usa Bluebook, $9,551.39, Well Well Equipment - 4 Ball C; Wilson Electric Llc, $675.75, New Exhaust Fan Mens Restroom,; Yesco Outdoor Media, $107.69, Advertising - 21807N Sr79 Mm27; Total: $146,511.80
Public Hearing: Mayor Kotti opened the public hearing at 7:10PM-A hearing on the proposed amendment to Chapter 155 Zoning Code, creating a Planned Unit Development (PUD) numbered §155.032 (F)(1) Titled PUD #1 Mammoth Site. Comments were heard from-Preston Gabel, COO/Business Manager of the Mammoth Site, provided a summary of sites history, development and the PUD proposal, which includes a correction to an issue with a previously vacated alley. Resident Gary Smith, asked for clarifications on parking plans, indicating he had personally been impacted by the overflow parking issue in July of last summer. Mr. Gabel provided information regarding an ongoing issue with Google Maps that brought visitors to the staff parking lot on the back side of the building, a sign has been placed at the entrance to that lot with directions to the visitor parking lot and Google has once again been notified and indicated that they have corrected the issue. Mr. Smith asked if additional facilities would increase parking needs and if so, would there would be enough. Mr. Gabel said that historically less than half of their interns bring vehicles and the students would be bused in. Currently there are 40 spots in the staff parking lot which provides more than enough room. Councilman Dave Burris asked Mr. Smith if his questions were answered and said he used to live on 18th St and knows what he is talking about. Mr. Gabel said the PUD plans add another parking lot so with additional development more parking will be added. Mr. Smith questioned the amount, safety and disposal of chemicals being used to process animals in the lab, he is concerned that they are being dumped in the City system and the chemicals being used are hazardous. Dr. Jim Mead, Director of Research at the Mammoth Site addressed the concerns. He clarified the two different things he thought were related to the concerns the first being water that is used for preservation of dead animals for comparative testing which would be washed down the drain when no longer needed, and the other related to the chemical which is used on the bones which is an acetone or ethanol base and is applied to the bone directly and either absorbed or evaporated. He confirmed the chemical does not get into the water system, it does not go down the drain and it is not being dumped. Mr. Smith asked about the smell and Dr. Mead stated he couldn’t help with that. Councilwoman Ritterbush asked for clarification from Dr. Mead, asking he clarify if he was stating there is not an odor, or he couldn’t help. He was unsure of the odor being referred to and confirmed there may be an odor from the water specimens may soak in. Councilman Burris asked if the facility gets inspected by the State or any Colleges to which Dr. Mead responded in the negative saying that there is no need for that type of testing. Mr Gabel stated they are not required to undergo inspections since they do not buy, consume or dispose of the chemical used in amounts that warrant inspection. Councilman Lukens asked if they had any waste permits or waste accumulation to which Mr. Gabel responded that they don’t need to and further explained the process for preserving their bones. Mayor Kotti asked that conversation remain focused on the approval of the PUD. Councilman Nelson asked for clarification whether the processing of the bones and the use of the chemical would be impacted by the approval of the PUD, Mr. Gabel confirmed they would remain the same. Mayor Kotti, thanked the Mammoth Site for the detailed, thorough and well-engineered work done on the PUD. Hearing no other comments the public hearing was closed at 7:28 p.m.
Communications from the Public: Wally Cachro representing the BID Board told the Council that they approved a budget with a contribution to the City Fireworks display of $5,000. He said they are also planning to put solar lights on the two City of Hot Springs Welcome signs and asked for Council approval to additionally appropriate money from the BID fund current cash reserves for the project.
Resident Scott Haines discussed his concerns with the mud hole on the end of Fresno Ave. Mayor Kotti said the concern should be brought to the Public Works committee and asked that it be added. Councilman Nelson visited the area and said it is obvious that something needs to get done.
Resident Gerald Collogan spoke to the Council about the Main St. Arts & Crafts Festival and the steps the committee takes to ensure the event, which has occurred for the last 44 years, is self-supporting. For the last 43 years the committee has an established line item within the budget for park improvements. They pay an electrical fee of $15 and they pay insurance for the activity, they also provide cleaning, security and garbage services for the event. Mr. Collogan stated he called Custer and Hill City and neither of those cities charge, he sees why the city charges private individuals but feels his event should not be charged. Councilman Romey asked why he thinks a family should pay but they shouldn’t as both events have the potential to bring people and tax dollars to town.
Personnel: Moved by Ritterbush, seconded by Romey, to approve personnel action (b-i); Nikki Willard SHGC Custodian $10.90/hr. effective 2/2/20, Bobbie Herrington Recreation Instructor $10.60/hr. effective 3/3/20, Shyann Stewart Recreation Instructor $10.60/hr. effective 3/20/20, Jeremiah Priem SHGC Maintenance Technician $11.25/hr. effective 3/9/20, Ron Foster, SHGC Clubhouse Golf Cart Maintenance & Driving Range Operator $10.50/hr., effective 1/8/20, Greg Foust SHGC Clubhouse Attendants $9.55/hr. effective 3/31/20, Karen Foster SHGC Clubhouse Attendant $10.30/hr. effective 3/31/20, Ellen Heafner SHGC Clubhouse Attendant $10.55/hr. effective 3/31/20
Committee Reports: Committee reports were heard by; Administrative and Finance: Chairman Bob Nelson, Vice Chair Caitlin Turner-city is looking at lots in the Coldbrook area as potential surplus property, MCC heating system crisis discussed, Recreation program needs replacement laptop, 2 new-3 week programs; Music & Movement and Wrestling, request to add 100 hours per year to director approved hours, replace 8 PD computers, Windows 10 updates 24 at $95 each, Citizen complaint regarding previously purchased surplus property on Garden St. Airport Advisory Committee: Bill Lukens, next mtg. 3/30 8 a.m. at Airport, note this is a Monday. Custer/Fall River Regional Waste Management District: Ron Richards, new officers elected, closing an inactive cell, next mtg 5/14 7 p.m. at MCC Downtown Historic Preservation Commission: Craig Romey- Administrator Gregory provided update; Wesch Oak bldg. delinquent tax issue discussed by FRCO Treasurer and Liz Amlie from the State Historic Preservation Office discussed their role in the Wesch Oak bldg. issue and also the potential of grant $ for downtown fire victims. RCS estimates for demolition are available, next mtg. 4/1 5 p.m. at Library Evans Plunge Advisory Committee: Alison Ritterbush-next mtg. 3/19 Noon at EPMS. Parks, Recreation, Beautification and Cultural Development: Dave Burris-committee will not support dropping any fees for use of City Parks, Dog Park development still being discussed, next mtg. 4/4 1 p.m. at MCC. Planning and Zoning Commission: Alison Ritterbush-next mtg. 3/18 6 p.m. at CH. Public Safety: Bill Lukens-next mtg. 3/18 1PM at CH. Public Works: Chairman Bob Nelson, Vice Chair Ray Ecoffey-pothole and alley repairs requested by Keller Apts., RV parked on private property, resident request dead end sign to be added on Clark Ave. Air burner curtain discussed as potential long term solution to brush pile management, LUOT wants 3 swags throughout town, next mtg. 3/31 1 p.m. at CH Southern Hills Economic Development: Caitlin Turner-no meeting scheduled, Southern Hills Golf Course Advisory Committee: George Kotti-no meeting, course opened a couple days in March, Volunteer Fire Department: Ron Richards-discussed the River St. fire, reaction time was 7.5 minutes, discussed inability to access the rear of bldgs. Thanked surrounding responding agencies. Received $4K grant for Silo rescue equipment, approved Zion Henderson as Vol. fire fighter. The public is welcome to attend committee meetings.
Ordinances: Moved by Lukens, seconded by Romey, to approve second reading of Ordinance 1208-An Ordinance revising Title IX General Regulations; Chapter 90 Animals §90.08 (A)(2)&(3) regarding animal boarding fees and Chapter 93 Fire Prevention and Protection §93.06 Fireworks to set allowable dates for private use of fireworks and §93.08 storing gun or blasting powder, a roll call vote was taken with all members voting in favor
Ordinance 1208
An Ordinance Revising Title Ix General Regulations; Chapter 90 Animals And Fowl §90.08 Fees, Licenses; Remedies, And Chapter 93 Fire Prevention And Protection §93.06 Fireworks And §93.08 Storing Gun Or Blasting Powder
WHEREAS, the City of Hot Springs, pursuant to SDCL 9-19-3 may amend and revise ordinances as may be necessary; and
WHEREAS, the City of Hot Springs has previously adopted ordinances regulating fire prevention and protection within the City; and
WHEREAS, the City of Hot Springs has identified the need to modify the existing ordinance to clarify animal impoundment fees and allowable dates for private use of fireworks and restrictions regarding the storing of gun and/or blasting powder
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title IX General Regulations, Chapter 90 Animals and Fowl §90.08, and Chapter 93 Fire Prevention and Protection §93.06 and §93.08 be revised and amended as follows:
Chapter 90 Animals and Fowl.
§90.08 FEES, LICENSES; REMEDIES
(2) Any animal impounded under § 90.07 may be reclaimed as provided for in this section upon payment by the owner of the impoundment fee for each animal reclaimed, any charges for veterinarian services rendered, and any additional sum for each day each animal has been kept in the animal shelter. The Animal Control Officer may destroy any sick or injured animal which has been impounded without holding it for three days, if its condition is such as to make its earlier destruction necessary or desirable. All animals destroyed under this section shall be destroyed by a humane procedure.
Chapter 93 Fire Prevention and Protection.
§93.06 FIREWORKS.
(A) Approved fireworks for individual use shall be permitted to be discharged within the City on the dates defined in SDCL§34-37-16.1 (June twenty-seventh to the first Sunday after July fourth and December twenty-eighth to January first). Fireworks approved for discharge include those that may be legally sold in the State of South Dakota per SDCL§34-37-5. All other fireworks shall not be permitted to be discharged within the City.
(B) All individual use fireworks shall not be permitted when:
a. The Black Hills Area Fire Danger for the Southern Hills that includes Custer and Fall River Counties is Very High or Extreme; as specified on the United States Forest Service Wildland Fire Assessment System “WFAS – Severe Fire Danger Mapping System”.
(C) The City reserves the right to perform fireworks displays for public entertainment purposes at its discretion. The City shall consult with the Hot Springs Volunteer Fire Department and the Fire Chief prior to such displays.
Discharge of fireworks outside the hours of 8:00 AM to 11:00 PM on the allowed dates may result in a violation and fine associated with Title IX Chapter 95.03(A)(1) Nuisances Prohibited
Fine - Fines for offenses under this chapter shall be a maximum fine of an amount as set by the City Council from time to time.
Section 93.08 STORING GUN OR BLASTING POWDER
No person shall keep or store any gunpowder or blasting powder or other like substance for commercial use or resale, except in such place or magazine as shall have been approved by the Fire Chief and the Development Coordinator for that propose.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor.
Dated this 16th day of March 2020.
Approved:
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
First Reading: 3/2/2020
Second Reading: 3/16/2020
Published: 3/26/2020
Effective: 4/16/2020
Moved by Nelson, seconded by Turner, to approve second reading Ordinance 1209-An Ordinance revising Title XI Business Regulations; Chapter 111 Alcoholic Beverages §111.02(H) and Chapter 112 Pawnbrokers §112.01, §112.02 §112.03, §112.06, §112.07, §112.08, §112.11, §112.13, §112.15, §112.16 and §112.17 to remove all references to second hand dealers and Chapter 114 Public Amusements §114.02 remove skating rink licenses, a roll call vote was taken with all members voting in favor
Ordinance 1209
An Ordinance Revising Title Xi Business Regulations; Chapter 111 Alcoholic Beverages §111.02(H), Chapter 112 Pawnbrokers §112.01, §112.02, §112.03, §112.06, §112.07, §112.08, §112.11, §112.13, §112.15, §112.16 And §112.17 And Chapter 114 Public Amusements §114.02
WHEREAS, the City of Hot Springs, pursuant to SDCL 9-19-3 may amend and revise ordinances as may be necessary; and
WHEREAS, the City of Hot Springs has previously adopted ordinances regulating businesses within the City; and
WHEREAS, the City of Hot Springs has identified the need to modify the existing ordinances to clarify hours of sale for malt beverage and wine dealers, remove regulations and licensing of second hand dealers and skating rinks.
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title XI Business Regulations, Chapter 111 Alcoholic Beverages §111.02(H), Chapter 112 Pawnbrokers §112.01, §112.02, §112.03, §112.06, §112.07, §112.08, §112.11, §112.13, §112.15, §112.16 and §112.17 and Chapter 114 Public Amusements §114.02 all be revised and amended as follows:
Chapter 111 Alcoholic Beverages
§111.02 Classes.
(H) Hours of sale for malt beverage and wine dealers. No on-sale or off-sale licensee licensed under § 111.02(B)(3) or (B)(4), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or anytime on Christmas Day. The sale, service and consumption of alcoholic beverages on Sunday and Memorial Day is allowed.
Chapter 112 Pawnbrokers
§112.01 DEFINITIONS.
PAWNBROKER.
(1) Any person who:
(a) Engages in the business of lending money on the deposit or pledge of personal property, other than choices in action, securities or evidence of indebtedness; or
(b) Purchases personal property with an expressed or implied agreement or understanding to sell it back at a stipulated price.
(2) Any PAWNBROKER may affect the purchase of second-hand personal property for resale purposes under the terms of this chapter by acquiring any pawn ticket of his or her own issue by transfer.
§112.02 LICENSE.
No person shall carry on the business of pawnbroker without first applying for and securing a license. The annual license fee for pawnbrokers shall be in an amount as set by the City Council from time to time.
§112.03 FIXED PREMISES.
(A) No person shall engage in business as a pawnbroker unless said person has a fixed premises where said business is conducted, either on a continuing basis or from time to time, and unless said person has first obtained a license to engage in that business at the premises.
(B) For the purpose of this section, FIXED PREMISES shall include any non-mobile premises where such business is conducted and said owned or purchased second-hand articles are held according to the provisions of § 112.11, whether or not that premises remains in the same location during the period the license is in effect.
§112.06 CHANGE IN LOCATION OF LICENSED PREMISES.
If, during the effective period of a license issued under this chapter, a pawnbroker changes the location of the licensed premises within the city, such dealer shall inform the City Finance Officer of such change of location and shall have the new premises to be licensed noted on the license. There shall be no additional fee charged for changing the location of the licensed premises.
§112.07 RECORDS REQUIRED.
(A) Every pawnbroker shall keep books or records of pawn tickets in a manner satisfactory to the Chief of Police, where he or she shall accurately and intelligibly enter, in ink, in the English language, at the time of purchasing or receiving any personal property, and after requiring and observing
identification from the person seeking to pawn the property, a record of the following information:
(1) The name of the person from whom the property is purchased or received, his or her place of residence, and his or her date of birth;
(2) A detailed and accurate description of each article, which shall include, if available, the manufacturer’s name, style, model number, serial number, engraved initials or other identifying marks;
3) The date and time of transaction;
(4) The amount necessary for redemption;
(5) The date when the article is to be redeemed; and
(6) Any mortgage or bill of sale taken, or receipt of pawn ticket given.
(B) Every pawnbroker shall also record the date of disposition or redemption from pawn of said article or any part or portion thereof. Said disposition report shall be located in the same book and at the same place where the receiving records of said article are located.    
(C) Any person who fails to keep such records or fails to make the required entries therein, or shall intentionally or knowingly make any false or unintelligible entry, or any entry which he or she has reason to believe is untrue, or who shall fail to produce his or her records when requested by the city police officer during reasonable business hours, or who shall destroy or willfully permit such records to be destroyed or lost, shall be guilty of a misdemeanor.
(D) The records required by this section shall be maintained for one year after the date of purchase or receipt and shall be made available for inspection to city police officers during reasonable business hours.
§112.08 INSPECTION OF RECORDS OR LICENSE AND PLEDGED PROPERTY.
(A) The books or records required by § 112.07 to be kept by pawnbrokers shall be open to the inspection of city police officers during reasonable business hours.
(B) The pawnbroker shall produce and show any article pledged in connection with any loan.
(C) The licenses required by § 112.02 for pawnbrokers shall at all times be on display in a conspicuous place and available for inspection by city police officers during reasonable business hours. This division (C) shall not apply when the license is being taken to the City Finance Office to have a change of location recorded.
§112.11 HOLDING PERIOD; EXCEPTIONS.
(A) Any person licensed as a pawnbroker, who shall purchase any new or second-hand goods of any individual not engaged in trade, shall keep the same for inspection for ten days from the time of the transfer, except on written release from the Chief of Police or his or her designee. The above-mentioned property shall be held during this period on the licensed premises or some other secure location within the city and shall not be disposed of or altered from the form in which it was received during this period.    
(B) When articles are acquired by a pawnbroker in a group, they shall be kept together for identification purposes and not separated until the ten-day period has elapsed, unless released prior on written authorization by the Chief of Police or his or her designee.
§112.13 EFFECT OF HOLD ORDER.
The Chief of Police or any authorized police officer may, by written order, order a pawnbroker to hold any specified article or articles, deposited with or in custody of such pawnbroker, for purposes of further investigation by the Police Department, when said item or items are believed to be stolen. A hold order shall remain in effect for a period of 30 days commencing the day on which the hold order was delivered to the pawnbroker or second-hand dealer. A hold order shall supersede the provisions of §§ 112.11 and 112.12 and no sale or other disposition may be made of said article or articles while such hold order remains outstanding, unless released by officers issuing the hold order.
§112.15 UNLAWFUL TRANSACTIONS.
It shall be unlawful for any pawnbroker to accept any articles in pawn or purchase any second-hand personal property by acquiring a pawn ticket by transference from any person under 18 years of age, except for a minor accompanied by his or her parent or adult guardian who gives his or her written approval to said transaction.
§112.16 CONCEALING ARTICLES TO PREVENT IDENTIFICATION.
No pawnbroker shall conceal, secrete or destroy, for the purpose of concealing, any article purchased or received by him or her, for the purpose of preventing identification thereof by city police officers.
§112.17 EXAMINATION OF PREMISES BY CITY POLICE OFFICER.
No pawnbroker or any other personnel shall refuse, resist or attempt to prevent any city police officer without a warrant from examining the licensed premises occupied by the pawnbroker or second-hand dealer, or their secured premises within the city limits where property is stored, during reasonable hours for the purpose of discovering stolen property.
Chapter 114 Public Amusements.
§ 114.01 CIRCUSES, CARNIVALS AND TENT SHOWS; LICENSES.
(A) No person shall give or exhibit any circus or menagerie, or circus and menagerie combined, or any show, performance or other exhibition of skill or amusement, in any tent or on any vacant lot, without first obtaining a license and paying the required fee.
(B) The license fee for each circus shall be in an amount as set by the City Council from time to time for each subsequent day by the same company.
(C) The license fee for each street carnival shall be in an amount as set by the City Council from time to time per day.
(D) The license fee for each tent show or exhibition shall be in an amount as set by the City Council from time to time per day.
(E) The City Council may waive such license fees where the circus, carnival or tent show is sponsored by some local charitable, patriotic, fraternal or civic organization.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor.
Dated this 16th day of March 2020.
Approved:
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
First Reading: 3/2/2020
Second Reading: 3/16/2020
Published: 3/26/2020
Effective: 4/16/2020
Moved by Turner, seconded by Romey, to approve first reading of Ordinance 1210 revising Title XV Land Usage Chapter 155 Zoning Code to revise §155.03 (map), §155.032 (F)(1) Titled PUD #1 Mammoth Site, §155.070 (board of adjustment) a roll call vote was taken with all members voting in favor
New Business: Moved by Romey, seconded by Richards, to award the bid for purchase and complete removal of the dirty brass, copper and stainless steel scrap at the Waste Water Treatment Plant to the high bidder Duane for $3,000
Moved by Nelson, seconded by Burris, to deny the request to waive 13 park application fees from the Farmers Market Group for the 2020 Farmers Markets scheduled for July 10, 17, 24 & 31, August 7, 14, 21 & 28, September 4, 11, 18 & 25 and Oct. 2 (13X$20=$260). Comments were heard from Councilwoman Ritterbush & Turner in support of waiving the fees and from Councilman Nelson, Burris and Lukens in support of not waiving the fees. A roll call vote was taken with Burris, Ecoffey, Lukens, Nelson and Romey voting in favor of denying the request and Richards, Ritterbush and Turner opposed
Moved by Lukens, seconded by Romey, to deny the request to waive 3 park application fees for the 2020 Main Streets Arts and Crafts Fair scheduled June 26, 27 & 28th (3X$20=$60). A roll call vote was taken with Burris, Ecoffey, Lukens, Nelson and Romey voting in favor of denying the request and Richards, Ritterbush and Turner opposed
Moved by Ritterbush, seconded by Burris, to approve and publish the request for proposals for livestock grazing, storing and/or feeding at the HS Airport on two pasture areas identified as Area A - North Pasture containing approximately 75 +/- acres and Area B - South Pasture containing approximately 130 +/- acres
Moved by Burris, seconded by Romey, to certify and authorize the Mayor to sign the right of way certificate and the utilities certificate for Project No. BRO 8024(00) 18-1, PCN 06VF in Hot Springs Bridge Improvement Grant Project
Moved by Burris, seconded by Richards, to approve a tax abatement requested by the City of Hot Springs for $214.68 for parcel 75220-01000-00100 legally described as Cold Springs Addition Lots 1&2 Block 10, purchased by the City in 2006 as part of the Cold Brook Flood Channel construction, Turner abstained
Moved by Turner, seconded by Ritterbush, to approve a plat of Dalton tract revised and Uriah Luallin tract, located in NE1/4 section 14, T7S, R5E, BHM, Fall River County, South Dakota, prepared by Andersen Engineers dated 2/28/20
Moved by Nelson, seconded by Richards, to schedule a hearing for a Use Permit on Review from James D Rohde, owner and Melanie Adcock, tenant, to operate a home preschool/daycare at 2142 Minnekahta Ave. in Hot Springs for April 6th at 7:10 p.m.
Moved by Lukens, seconded by Nelson, to authorize the Airport Manager to purchase the QT Pod Model M4000 Self-Serve Fueling Terminal. Funds to purchase and install the terminal will come from Contingency and are estimated at $14,815 broken out as follows; $13,295-cost of terminal after trade-in including shipping, $575- estimated installation, $945-1st yr. service plan. (Resolution to appropriate contingency will occur in the future) comments were heard by Councilmen Romey, Ecoffey, Nelson and Lukens
Moved by Romey, seconded by Turner, to designate Umiker Park as a City dog park, with the understanding the development and expense to develop the Park will come fully from a Board of Volunteers. Comments were heard by Councilman Burris, Richards and Romey and resident Gerald Collogan
Moved by Turner, seconded by Ritterbush, to approve and authorize the Library Director to sign the Independent Contract for Cleaning Services between the City of Hot Springs and Black Hills Special Services Cooperative for the 2020 Cleaning services at the Hot Springs Public Library at a cost of $730 per month
Finance Officer Report: Reported on the recent activities in the Finance Office which include not only the normal daily activities but also the management of the daily uncertainty throughout our community as we navigate through these unchartered waters related to this coronavirus pandemic. We are working to learn all we can each day to guide our actions and are working hard to communicate these changing directions to all employees and citizens. Our activities, facility hours, functions and focus is changing rapidly and in ways we were largely unprepared for, but our leadership and community is strong and we will get through this. Discussed the cancellation of many events including the upcoming SDML District meeting. Reviewed progress on the 2019 annual report, financial statements, internal control memo and notes to accompany the annual report. Continuing to work on various ordinance updates and a revision to the City wide fee resolution
City Administrator Report: Provided a progress update on repairs to the MCC geothermal heating system that incurred a significant water leak, which interrupted heating of the building. With the combined City resources and inner department cooperation, the water leak was identified, repaired and additional defective system isolation valves were replaced. The system will require some additional heat-exchanger components service work to be fully functional, but progress was made to avert a more serious water-loss problem. Presented a summary of the 2-week maintenance shut-down improvements at EPMS, work was accomplished with the cooperation of the City Streets/Maintenance department and EPMS Staff. Introduced an initiative SPRING CLEAN – HOT SPRINGS to be implemented by our Codes Enforcement official, Scott Sogge to abate some long-neglected nuisance issues, particularly in our residential neighborhoods. The program is a community effort and volunteers are encouraged to unite and support the process. Warning stickers will be placed on properties with apparent violations or complaint history. Property owners are encouraged to make immediate contact with the program administrator and develop an abatement plan of action. All enforcement actions will be in accordance with our published Title IX General Regulations, Chapter 95 - Nuisances. A summary of specific violations was also presented. The objective is to achieve voluntary nuisance abatement without the need to use the prescribed enforcement process.
Mayor Report: SD/DOT has sent a draft copy of an agreement to provide $2.8M funding for a suspension sidewalk along River Street. The agreement is under review by city staff and the Public Works committee along with a legal review. Under the proposal, the city would assume maintenance of University Avenue excluding the two bridges. Major concerns are how a major cost overrun would be handled along with the stringent design schedule requirements set by SD/DOT. There will be two informational meetings concerning the conceptual design for the suspended sidewalk designed to inform the public and answer any questions and receive feedback; one meeting will be at 2:00 p.m. and the other at 6:00 p.m. on Tuesday, March 24 at the Mueller Civic Center. According to the Mayor, the suspended sidewalk would provide a safer environment, enhance the ability of our downtown area to attract visitors and would define our River Street area for the next century.
Being no further business to come before the Council, moved by Ritterbush, seconded by Turner, to adjourn at 9:05 p.m.
Approved:     
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $396.27
Published: March 26, 2020

Fall River County Herald

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