Proceedings_City of Hot Springs January 21, 2020

Proceedings

Unofficial Minutes Of The Regular Meeting Of
The Common Council Of The City Of Hot Springs
January 21, 2020
A regular meeting of the Common Council of the City of Hot Springs, South Dakota, was convened on January 21, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor George Kotti presiding
Members Present: David Burris, Ray Ecoffey, 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, Police Captain Bill Wainman and City Attorney Garland Goff
All actions recorded in these minutes were by unanimous vote unless otherwise stated
Agenda: Moved by Romey, seconded by Turner, to approve the agenda
Minutes: Moved by Turner, seconded by Ritterbush, to approve the regular council meeting minutes from 1/6/20
Claims: Moved by Lukens, seconded by Burris, to approve the bills in between of $181,004.48
Bills in Between: Jan 21, 2020: City of Hot Springs, $24,818.46, General Payroll; City of Hot Springs, $5,429.40, Golf Payroll; City of Hot Springs, $10,382.83, Water Payroll; City of Hot Springs, $6,966.10, Sewer Payroll; City of Hot Springs, $11,645.04, Evans Plunge Payroll; City of Hot Springs, $17,493.94, Payroll Deductions; Wellmark BC/BS, $27,419.41, Premium; Dearborn National Life, $126.90, Premium; SDRS, $17,151.36, Retirement Reporting; SDRS Supplemental,  $320.00, Happe, Wainman, Summers-Walton Retirement Reporting; Chamer of Commerce,  $2,455.57, 80% LLD; Barnyard Veterinary,  $731.79, December 2019  Contract/Animal Boarding ACO; SD Dept of Revenue,  $4,216.53, Sales Tax Reporting; Golden West, $1,896.06, Monthly Charges; ETS / ELAVON, $154.22, Golf Course Monthly Credit Card Processing Fee - DEC 2019; Heartland Payment Systems,  $696.93, Evans Plunge Monthly Credit Card Processing Fee - DEC 2019; Heartland Payment Systems,  $257.47, City/Water Monthly Credit Card Processing Fee - DEC 2019; SD Re-Employment Assistance,  $487.75, 4th QTR Unemployment Reporting; Custer-Fall River Regional Waste Mgt,  $28.10, Solid Waste Landfill Fees; US Bank Wealth Management,  $47,726.62, SRF Clean Water/Drinking Water Loan Payment; US Bank Corporate Trust Services, $600.00, EP Bond Issue Annual Administrative Fee; Total: $181,004.48     
Moved by Turner, seconded by Richards, to approve the current claims of $24,794.04
Moved by Nelson, seconded by Romey, to approve the 2019 Accounts Payable tabling the claim on pg. 3 to Rods Excavating of $561.23, new total of $12,325.75
Current Claims and Accounts Payable: Jan. 21: A & B Welding, $64.49, Cutting Tip; Ace Hardware, $846.18, Spot Light; Alsco, $64.79, Towels, Mops, Urinal Mats; B. H. Technologies, Llc, $2,485.00, Laptop; Bomgaars Supply, $1,791.22, Garden Hose, 2 Shutoffs; Brosz Engineering Inc, $1,282.50, Jennings Ave Bridge Engineer C; Builders Firstsource, $88.42, 4 Sandblasting Abrasive; Chamber Of Commerce, $10,000.00, 1St Half Media Postion/Cohs; Croell Inc, $566.55, Base Course; Cwd, $1,102.69, Gloves, T-Paper, P-Towels; Vamc, $1,287.25, Cwt Worker 28 Hrs at $9.50/Hr; Dollar General -Regions 410526, $119.80, T-Paper, P-Towels, Trash Bg, W; Fall River Auto, $326.91, Wrench Set, Torch Fuel; F. R. County Auditor, $1,381.64, Dec 2019 Hwy Fuel Usage; Fall River County Herald, $863.82, 1 Yr Subscription; Garland Lee Goff, $2,375.40, Dec 2019 Legal Services Render; Hawkins, Inc, $1,273.20, Azone Bulk, Bleach & Alkali; Hills Toilet Service, $115.00, Jan 2020 Port-A-Pot Rental; Hillyard/Sioux Falls, $319.92, 2 Cs Napkin Liners, 2 Cs Trash; John Deere Financial, $18.82, Thermostat, Gasket; Kzmx Radio, $40.00, Holiday Xmas Campaign; M. G. Oil Company, $3,118.56, Gas/Diesel; Midcontinent Testing Laborator, $80.00, Dec 2019 Water Testing; Northwest Pipe, $564.82, Corp Stop, 24 Ss Inserts, 16 C; Pacific Steel & Recycling, $1,544.22, 3 4X12 Alum Sheets; Peak Software Systems Inc, $2,575.35, Sportsman Core 1Yr Mbrship, Po; Pepsi, $413.15, Cups; Pheasantland Industries, $21.59, Evanston Ave Sign; Qualified Presort Service, Llc, $548.56, Dec 2019 Water Bill Postcards; Rapid Delivery, $13.23, Delivery Part From Liberty Dod; Sd Dept Of Transportation, $100.00, 2020 Sd Airports Conf Regis Ed; Sd Dept. Of Revenue, $17.00, Title & Regis Transfer 1995 In; Sams Club, $115.88, Coffee Filters; Servall, $109.94, Towels 1/7/20; Simon North Region Sd, $289.34, 3 Manhole Riser, Base Course; Sonnys, $24.57, 2 Dist Water, Vinegar, Soap; South Dakota One Call, $36.96, Dec 2019 Message Fees; Sturdevants Auto Parts, $239.33, 2 Wiper Blades; The Toro Company - Nsn, $155.00, Jan 2020 Irrigation It Support; Watch Guard, $631.00, Dvr Install Kit, Cable Assmbly; Yesco Outdoor Media, $107.69, 1/2 Share Billboard 21807N, Sr; Total: $37,119.79
Communications from the Public: Debra Johnston, spoke to the Council about her concerns regarding the recently cordoned off Wesch Oak building. She does not want to see history repeat itself and lose another historic sandstone building. She urged the Council to not make the easy decision and tear down the building but to take a step back and prove that it cannot be saved. She said we should do everything we can to save our sandstones as they are part of our history. She also mentioned other buildings in town in similar conditions, like the one by the theatre that is just sitting there, she said the City should get money to help restore these buildings, although it would be a major expense she feels it is well worth it. She asked what the City has in place to protect our historic buildings. Mayor Kotti stated that a non-profit organization owned the building and that organization has had a history of neglecting their properties in Hot Springs. A search warrant had to be issued for Albertson Engineering Inc. and City personnel to enter the building for the inspection. Awaiting the formal written results, the engineer did state the structure was in eminent danger of collapse due to a destabilized foundation, a sagging rotted main roof beam and rotted main floor area and support beams. Mayor Kotti noted the City has a responsibility to protect the public and adjacent property owners from such danger.
Robert Pleau addressed the Council regarding the building at 717 N. River St. and asked that we as a community seriously consider what it means that we have let the building deteriorate to the point that it needs condemned. He commented on the monumental task and thriving community Hot Springs was in the past to erect such beautiful sandstone buildings which he stated was a very special gift that we have failed to honor. While many neighboring communities are prospering we are allowing our historic sandstone building to fall down. He also asked that we take a step back and reflect upon what this community is all about stating our historical heritage is too important to lose. He stated that there are many individuals in this community willing to help us reverse the decline of our architectural heritage and to honor the inspiration of our founders. Mayor Kotti disagreed that this community is not moving forward, noting that building permits had increased substantially the past two years, and he agreed that our history is very important but stated that we have limited resources and we have a responsibility to protect the community.
Luke Broyles said he spent the last eight hours reading ordinances and documents from other City’s that protect their historic properties. He said he understood that the City currently holds a lien against HS Citizens for Progress for the demolition of another building they owned and they haven’t even paid for that. He feels it would be much cheaper to mud jack and repair the building then to demolish it. Mayor Kotti mentioned that mud jacking would not repair the major problem which is the roof and the support beams.
Martin Meyer wanted to reiterate what Robert Pleau stated. He understands the upcoming road project and the concerns related and appreciates that the City is moving forward with something. He stated he has sat up there and knows that you don’t get a lot of public comments so it’s obvious that the City is passionate about saving this building. He asked that the City start putting forward a conversation about saving our buildings as it seems criminal that these people can take money for repairs and not spend it. He said that the City should get with the State and take a look at it. He asked that we look at building it back up and supporting it as opposed to tearing it down as the community is in the top 10 most historic cities and those buildings are what have done that for us.
KC Carruthers echoed the previous sentiments shared and wanted to offer her time and energy to help with this. She stated that she has experience with historic preservation and is offering whatever help she can, stating she would be delighted to help in any way she can.
Greg Gunwall heard all the things that were said, and rejected the claim the City was deteriorating. He said our City is beautiful, and the work the City has undergone to purchase and grow the Plunge the Golf Course and the Library is proof of that. Whether the building goes down or stays up, if it must be taken down then shame on this whole city. He also mentioned the building next to City Hall where a beautiful piece of sandstone has fallen off and sits in the breezeway currently. He thanked the Council for everything they do for the City.
Mike Sommer said that the Wesch Oak is the big elephant in the room but mentioned other buildings in town that are sitting vacant and deteriorating. He asked what the ordinances on the books are when people buy buildings and do nothing with them. Mayor Kotti said there are no ordinances that determine what a private owner can or can’t do with their buildings. Mr. Sommer also echoed what KC said and offered his assistance to put something together to get deadbeat owners to do something with these buildings.
Mike Carruthers moved to Hot Springs one and a half years ago and voted with his feet, stating, Hot Springs is a lovely place to live and one incredible asset is our lovely buildings. He said that what we have heard tonight is that this building is the lightning rod toward future action regarding what should the City do to ensure that this doesn’t continue to happen and requested open communication going forward.
Council President Bob Nelson spoke to the public hoping to help explain why this topic has recently resurfaced stating two very important reasons; first is upcoming road reconstruction project that will come through town resulting in pretty heavy construction and second the concerns of an adjoining property owner who contacted Councilman Romey concerned about the danger to his building. The Public Works committee decided, with Council support, to have the engineering firm that reviewed the building in 2013 come back and reassess the condition. He shared the City Administrators summary of the inspection and shared that the Structural Engineer hired by the City issued an immediate evacuation of the building, due to imminent danger. He stated the structure is in danger of collapse at any time and ordered that barricades be installed by the Hot Springs Police Department. Councilman Nelson assured the public that the City is not rushing into this and that we are doing our due diligence. Nothing will be done until we get the report and then, to the degree that we are legally able to, the public know what we know. He stated that he doesn’t want to see the building come down either but also shared that we don’t own it and any cost incurred would need to be offset by taking those funds from other City services.
Robert Pleau once again addressed the Council and stated that when he last spoke with the Mayor he asked if there was or would be a second opinion, he said at the time the response he received made it sound like it was a done deal and that the building would be demolished. He asked again that the City look at alternatives saying he doesn’t want the City to take ownership of the building but maybe creating a partnership that could get the community back to functioning where our buildings are not falling down. He said the powers of the planning code allow for telling owners what they can and cannot do with their buildings.
Councilwoman Caitlin Turner addressed the public sharing that she was a 2014 graduate of Hot Springs High School and came back to this community, she said it is an exaggeration that kids are leaving this community. She also shared that her day job in the Fall River County Assessors’ Office has given her firsthand knowledge of the opinions of property owners in our City and County and she stated that the majority of property owners do not want more government interference in their affairs they want less. She stated that this town is not dying it is thriving and promised to share more facts surrounding this statement during her committee report for the Southern Hills Economic Development Organization report.
Councilman Craig Romey discussed his conversation with the adjacent building owner, Steve Wynia, who has major concerns about the safety of his building. Romey stated that he also does not want to see the building torn down but if lives are in danger it must.
Personnel: Moved by Turner, seconded by Romey, to approve personnel action (a-b); Nate Cronin, Police Officer, step increase $20.32/hr. effective 1/8/20, Evan King, EPMS Lifeguard, last day effective 1/23/20
Committee Reports: Committee reports were heard by; Administrative and Finance: Chairman Bob Nelson, Vice Chair Caitlin Turner, Airport Advisory Committee: Bill Lukens, Custer/Fall River Regional Waste Management District: Ron Richards, Downtown Historic Preservation Commission: Craig Romey, Evans Plunge Advisory Committee: Alison Ritterbush, Parks, Recreation, Beautification and Cultural Development: Dave Burris, Planning and Zoning Commission: Alison Ritterbush, Public Safety: Bill Lukens, Public Works: Chairman Bob Nelson, Vice Chair Ray Ecoffey, Southern Hills Economic Development: Caitlin Turner, Southern Hills Golf Course Advisory Committee: George Kotti, Volunteer Fire Department: Ron Richards
Ordinances: Moved by Nelson, seconded by Burris, to approve the second reading of Ordinance 1206-An Ordinance Transferring two (2) lots in the Boulder Falls Addition from Rural Service District to Urban Service District, a roll call vote was taken with all members voting in favor
Ordinance 1206
An Ordinance Transferring two (2) lots in the Boulder Falls Addition from Rural Service District to Urban Service District
WHEREAS, certain real property in the City of Hot Springs, Fall River County, South Dakota, has been placed in Rural Service Districts No.1 and No.2, which real property is located in Sections Twenty-two (22), Twenty-three (23) and Twenty-six (26) of Township Seven South (T7S), Range Five East (R5E), Black Hills Meridian (B.H.M.); and
WHEREAS, some of said real property has been platted into lots and has now been sold and/or developed; and
WHEREAS, said real property should now be transferred from the Rural Service Districts (tax district code 61) to the Urban Service District (tax district code 6) of Hot Springs, South Dakota.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Common Council of the City of Hot Springs, South Dakota, that:
Parcel Number: 75115-00000-095-00
Subdivision: Boulder Falls Addition To Hot Springs
Deed Holder: Robert D & Debra E Mccarthy
Filing Date: 8/13/19
Legal: Boulder Falls Addn: Lot Gc-95 (.508 A)
Parcel Number: 75115-00000-058-00
Subdivision: Boulder Falls Addition To Hot Springs
Deed Holder: Harold L & Shirley M Green
Filing Date: 1/24/19
Legal: Boulder Falls Addn: Lot Gc-58 (0.509 A)
and with all of said property being located in Sections Twenty-two (22), Twenty-three (23) and Twenty-six (26) in Township Seven South (T7S), Range Five East (R5E), Black Hills Meridian (B.H.M.), Hot Springs, Fall River County, South Dakota are hereby transferred from Rural Service District to the Urban Service District of Hot Springs, South Dakota.
Dated at Hot Springs, Fall River County, South Dakota this 21st day of January, 2020
Approved:
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
First Reading: 1/6/2020
Second Reading: 1/21/2020
Published: 1/30/2020
Effective Date: 2/19/2020
Moved by Burris, seconded by Turner, to approve the second reading of Ordinance 1207- An Ordinance Revising Title IX-General Regulations, Chapter 92-Parks and Recreation, Section 92.12 Possession, Use or Consumption of Alcoholic Beverages/Glass Containers to add an exception at Brookside Park, a roll call vote was taken with all members voting in favor
Ordinance 1207
An Ordinance Revising Title Ix General Regulations Chapter 92 Parks and Recreation Section 92.12 of the Revised Ordinances of The City of Hot Springs Adding an Exception at Brookside Park
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 parks and recreation within the City; and
WHEREAS , the City of Hot Springs has identified the need to add an exception to section 92.12 regulating the possession, use or consumption of alcoholic beverages specifically in Brookside Park.
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title IX General Regulations, Chapter 92 Parks and Recreation §92.12 be revised and amended as follows:
§92.12 POSSESSION, USE OR CONSUMPTION OF ALCHOLIC BEVERAGES/GLASS CONTAINTERS.
(A) In all city parks, no person shall consume any alcoholic beverages, except that the restriction shall not apply to malt beverages or wine as defined by SDCL § 35-1-1 or where alcoholic beverages are licensed to be sold. It is a Class 2 misdemeanor for any person to consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit granted by SDCL § 35-1-5.5. For purposes of this section, the term PUBLIC PLACE means any place, whether in or out of a building, commonly and customarily open to or used by the general public, and any street or highway.
Exception: Brookside Park: No person shall possess or consume any alcoholic beverage, including malt beverages or wine, in Brookside Park in the space from South Sixth Street to the southerly edge of the University Avenue Bridge. Possession and or consumption of the prohibited substances shall constitute a Class 2 misdemeanor
(B) Glass beverage containers of any type are not permitted in any park or recreation area with the exception of glass beverage containers enclosed by a silicone or silicone-like sleeve.
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 21st day of January 2020.
Approved:
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
First Reading: 1/6/2020
Second Reading: 1/21/2020
Published: 1/30/2020
Effective: 2/19/2020
Resolutions: Moved by Romey, seconded by Ritterbush, to approve resolution 2020-4: A Resolution to approve the 2020 Angostura Irrigation District Water Service Contract
Resolution No. 2020-4
Angostura Irrigation District Water Service Contract
WHEREAS, there has been presented to the City Finance Officer of the City of Hot Springs, South Dakota, Water Service Contract No. 2020-WSC101 entitled Angostura Irrigation District Water Service Contract for Non-Assessable Land, in connection with the land at the Hot Springs Municipal Airport;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hot Springs, South Dakota, that the Mayor of this City, George Kotti, is hereby is authorized and directed to execute the contract herein above described in the amount of $4,823.10 on behalf of the City of Hot Springs, South Dakota.
Dated January 21, 2020
Approved:
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
New Business: Moved by Lukens, seconded by Burris, to approve the agreement for services in 2020 with TruGreen to include services at Butler Park of $7,825.20, HS Public Library of $250 and Evergreen Cemetery of $3,255
Moved by Ritterbush, seconded by Romey, to approve the 2020 Premier Pyrotechnics contract for fireworks and authorize the finance office to make the payment in advance in order to receive the 12.5 percent additional product
Moved by Lukens, seconded by Burris, to approve the revised City of Hot Springs Basic Investment Policy to add South Dakota Public Funds Investment Trust to the list of authorized financial dealer and institutions
Moved by Turner, seconded by Nelson, to schedule a hearing for a Use Permit on Review from Michelle Erickson to operate a home daycare at 1446 Clark Alley in Hot Springs for February 3rd at 7:30 p.m.
Moved by Romey, seconded by Turner, to schedule a hearing for a Use Permit on Review from Steve Simunek of Quality Real Estate to allow the operation of an RV park and Campground on approximately 12.5 acres of undeveloped property located on the US Highway 18 truck bypass in Hot Springs for February 3rd at 7:40 p.m.
Moved by Lukens, seconded by Burris, to schedule a hearing on the amended assessment roll for the 26th Street Water Distribution System Improvement District for February 3rd at 7:10 p.m.
Moved by Ritterbush, seconded by Burris, to re-appoint Wally Cachro to the BID Board for a three (3) year term, 2020-2022
Moved by Romey, seconded by Burris, to re-appoint Don Olstad and Wayne Hageman to the Planning and Zoning Commission for five (5) year terms, 2020-2024
Moved by Nelson, seconded by Burris, to table the approval of the burning of the brush piles at the City Maintenance facility and send it back to Public Works in order to get some input regarding procedures for the burning
Moved by Nelson, seconded by Turner, to approve travel/training request from EPMS Front Desk Attendant SaDell Neuhardt to attend the National Serve Safe Manager Certification training in Rapid City on 3/3/20
Moved by Turner, seconded by Burris, to approve travel/training request from Jason Happe, SHGC Superintendent, to attend the SD Golf Course Superintendent Assoc. Spring Conference in Sioux Falls, SD 3/2/20-3/4/20
Finance Officer Report: Thanked the Mayor and Council for the participation in the various committees of the City. The structure of these committees and the process in which the governing body contemplates the issues brought before it for consideration is powerful and ensures that all inputs are heard and considered and facts and data are gathered in order to facilitate decisions that represent the best possible actions are taken. Discussed the Finance Office progress on the 2019 financials; inventories are completed, end of year cash reconciliations are almost complete, all city debt has been confirmed, accrued and rolled forward, and now that the last payroll containing 2019 dates has been paid the work do accrue year end payroll and accrued leave liabilities is next. There is much more to be done in order to ensure the City is accurately reporting our year end financials in compliance with generally accepted accounting principles and updates will be provided as each step is completed. Shared information regarding the 7 open seats up for election this year and the number of signers required on nominating petitions for each of the seats. Discussed the upcoming workmen’s compensation payroll audit and what that means for the City, discussed progress on the total compensation statements and shared the efforts are still continuing to review and revise some outdated or unclear City Ordinances and updates to the City website.
City Administrator Report: Presented an overview of the City of Hot Springs Restricted-Use Solid Waste Facility (RUS) Permit and the current status of brush pile accumulation and operational responsibility, as outlined by DENR. Updated the City Council on the re-inspection of Wesch-Oak building performed by Albertson Engineering and the engineer’s determination of unsafe structural condition. Provided an update of the Chamber of Commerce - Board Member elections, Wind Cave operational concerns and Balloon Festival preliminary planning. Discussed a meeting with the State Veterans Home -Operational Staff to address replacement of a fence that was removed during the 26th Street Water improvements work that will be needed for protection of the planned solar field project in the immediate vicinity. Provided an update on the current SD-DOT Hwy 18/385 planning discussions, including: Jennings Bridge replacement schedule for bid documents, construction detour route planning and pedestrian crosswalk specifications. Additional updates were provided of the Evans Plunge youth membership considerations; Airport planning for retaining a maintenance person; and various committee discussions related to Ordinance review/revision.
Mayor Report: The Mayor met with David Thompson, the Wind Cave National Park Superintendent (Acting) to discuss concerns with the inoperative cave entrance elevator and potential negative impact on tourism if not repaired prior to the summer season. Mr. Thompson relayed that a complete study of the elevator system and its condition was recently completed and the park was in the process of contracting for repair. He estimated that repairs would be complete sometime in May, ahead of the peak visitor season. As a bonus, Mr. Thompson was familiar with the National Park Service’s Rivers, Trails and Conservation program which could be utilized to benefit the clean-up and revitalization of Fall River through Hot Springs. The Mayor reminded the Council and staff that along with addressing the immediate day to day issues that is important to keep focused on future opportunities to grow our community.
Being no further business to come before the Council, moved by Ritterbush, seconded by Romey, to adjourn at 9:20 p.m.
Approved:     
George Kotti, Mayor
Attest:
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $292.32
Published: Jan. 30, 2020

Fall River County Herald

EDGEMONT OFFICE: PO Box 660 Edgemont, SD  57735-0660   |   605.662.7201
HOT SPRINGS OFFICE: 334 S. Chicago St. Hot Springs, SD 57747 | 605.745.3930
Send news to: 
news.frcherald@gmail.com Send Ad requests to: ads.frcherald@gmail.com