Proceedings_City of Hot Springs February 3, 2020


Unofficial Minutes of the Regular Meeting of the
Common Council of the City Of Hot Springs
February 3, 2020
A regular meeting of the Common Council of the City of Hot Springs, South Dakota, was convened on February 3, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor George Kotti presiding
Members Present: David Burris, Bill Lukens, Bob Nelson, Ron Richards, Alison Ritterbush, Craig Romey and Caitlin Turner
Members Absent: Ray Ecoffey
Staff Present: City Administrator John Gregory, Finance Officer Misty Summers-Walton, MCC Staff Karl Bochert, and Development Coordinator Scott Sogge
All actions recorded in these minutes were by unanimous vote unless otherwise stated.
Agenda: Mayor Kotti requested to removed item D under new business (hearing for use permit-Adcock daycare) Moved by Nelson, seconded by Romey, to approve the amended agenda
Minutes: Moved by Romey, seconded by Burris, to approve the regular council meeting minutes from 1/21/20
Claims: Moved by Turner, seconded by Ritterbush, to approve the bills in between of $119,934.40
Bills In Between: Feb 3, 2020: City of Hot Springs, $25,238.91, General Payroll; City of Hot Springs, $1,460.96, General Payroll-Leave Payout; City of Hot Springs, $5,461.44, Golf Payroll; City of Hot Springs, $11,052.11, Water Payroll; City of Hot Springs, $6,978.38, Sewer Payroll; City of Hot Springs, $12,544.80, Evans Plunge Payroll; City of Hot Springs, $17,757.85, Payroll Deductions; City of Hot Springs, $293.57, Payroll Deductions-Leave Payout; City of Hot Springs, $2,953.04, Council Payroll; City of Hot Springs, $545.59, Council Payroll Deduction; AFLAC, $972.14, Premium; Avesis, $130.00, Premium; Delta Dental,  $1,078.48, Premium; Hot Springs Fire Department, $7,500.00, Allotment; Credit Collection Bureau, $378.52, Garnishment; Office of Child Support Enforcement, $1,698.00, Garnishment; Black Hills Energy, $12,332.51, Utilities; Battle Mountain Humane Society, $650.00, Monthly Contract/Animal Boarding ACO; Jessica Luther, $1,085.00, Water Meter Reading; Premier Pyrotechnics, $5,000.00, 2020 Fireworks Contract; Angostura Irrigation District, $4,823.10, 2020 Irrigation Season; Total: $119,934.40
Moved by Lukens, seconded by Turner, to approve the current claims of $57,449.44; Moved by Nelson, seconded by Burris, to approve the 2019 accounts payable total of $1,501.46
Current Claims/Accounts Payable: Feb. 3, 2020: Ace Hardware, $1,305.66, T-paper, light bulbs, connector; Albertson Engineering, $1,469.00, Re-Inspection Wesch-Oak Bldg 7; American Red Cross, $38.00, Lg Certification S. Hawthorne; Argus Leader Media, $504.05, 1 Yr Paper Subscription Renewa; Auto Connection Of Custer, $100.00, Water Deposit #2619; Bierschbach Equipment & Supply, $392.00, Dump Rental Sewer Collection S; Black Hills Energy, $9,992.69, Monthly Charges; Black Hills Special Services, $585.00, Dec 2019 Cleaning (No Windows); Bomgaars Supply, $433.38, Chainsaw Grinding Wheel; Builders Firstsource, $77.06, 4 2X2-8 Furring Strip; Credit Collections Bureau, $19.52, Collection Fees Client #25022; Cybrarian Corp, $749.95, Software License Renewal 2/1/2; Darcie Engel, $206.64, Mileage Reimbursement 1/15/20; Dean Kurtz Construction, $18,540.18, Wet Well Restoration Project P; Dollar General -Regions 410526, $14.85, 3 Bx Wet Jet Pads; Dooley Oil, Inc., $225.06, 4 Cs Phillips X-C Oil For Resa; Ecolab Pest Elim, $242.56, Jan 2020 Pest Control; Fall River Auto, $299.22, Wiper Fluid Resevoir, Trailer; Fall River County Herald, $10.71, Proceedings Nov 30; G & R Controls, $512.50, 6 Mo Preventative Maint. Servi; Garland Lee Goff, $3,777.20, Jan 2020 Services Rendered; Hillyard/Sioux Falls, $661.62, Liquid Swabby, Crème Clean, Gl; Ingram Library Services, $376.72, 21 Books; Insurance Benefits, Inc., $2,500.00, 2020 Airport Liability Insuran; Kimball-Midwest, $1,292.58, 50 Ss Cs, 50 Ss Hex Nut, 2 Thr; Marco Technologies Llc, $79.65, Jan 2020 Copier Contract; Micromarketing Llc, $41.99, 1 Audio Book/Cd; Mplc, $133.01, 2020 Umbrella License Renewal; Native Sun News, $60.00, 1 Yr Subscription; Nebraska Salt & Grain Co., $4,889.25, 29.12 Tn Ice Slicer Salt; Northwest Pipe, $1,073.07, 300’ Pipe, Bonnet Valve, 2 Tub; Overdrive, Inc., $1,100.00, Tier 2 1 Yr Digital Cyberlibra; Overhead Door Company, $1,201.12, Full Pm For 7 Shop Doors, Repl; Pete Lien & Sons, Inc, $72.25, 5.78 T Sand (For Garbage Truck; Quality Inn & Suites, $225.00, 3 Nights, N. Cronin, 12/2 - 12; Rod’s Excavating, $561.23, Grit Flushing Related To Pine; Servall, $74.35, Towels 1/21/20; Simon North Region Sd, $2,116.93, Roadstone Base Course; Sonnys, $29.42, Butter, Coffee, Parm Cheese; Sturdevants Auto Parts, $519.41, Ignition Switch, Oil Filter; The Cit Group, $854.29, 114 Mens Swimsuits; Theresa Maas, $605.20, Jan 2020 Cleaning; Twilight First Aid & Safety, $50.75, 2 Bx Lens Wipes, Cream, Antibi; Usa Bluebook, $155.18, Hydrant Diffuser; Verizonwireless, $582.65, Monthly Charges; Westside Storage &  Car Wash, $200.00, 100 Carwash Tokens; Total: $58,950.90
Moved by Turner, seconded by Richards, to approve the Wells Fargo credit card claims of $4,203.30
Credit Card Claims: Feb. 3, 2020: Amazon - 2 3’ restraint lanyard, $138.46; Office Depot - Banker boxes, $19.99; Office Depot - Banker boxes, $99.99; Amazon - 2 10pk vacuum bags, $42.38; Amazon - 50 warning stickers, $16.28; Viking Gives Midwest - 2 snow plow poly skins, $910.36; DRI Tracker Software Products - PDF xchange editor plus sgl user license 1 yr software, $58.04; SD Dept of Ag - 2020 Pesticide turf & ornamental; aquatic recertifications, $100.00; Amazon - 3 t-shirts, $55.74; Amazon - 2 10pk USB’s, $61.98; USPS -  postage for guest return of item(reimbursed by guest), $8.30; Lifeguard Store - 12 whistles, 12 seal rite mask kits, $121.20; SwimOutlet - 84 swim goggles. $344.54; Amazon - 2 advanced strip remover, 2 indoor/outdoor rope lights, $519.65; Miles Kimball - 30 vinyl table covers, $376.71; Amazon - Projector stand, $59.60; Amazon - Folding door gate, $225.00; - Svc charge 12-18 / 1-17-20; insurance & postage purchased, $479.13; Amazon - 5 dvd’s, 17 books, $349.96; Amazon - loop scissors, $12.99; American Library Assn - 2020 membership dues, $148.00; SD Library Assn - Membership 2020 D. Johnson, $55.00; Total: $4,203.30    
101 General Fund: $3,109.61
620 Golf Course: $100.00    
621 Evans PlungeL: $993.69
Communications from the Public: Susie Simkins-Fall River County Department of Equalization: Reviewed the nine (9) requested tax abatements being presented to the City Council per SDCL 10-18-6 for approval tonight
The Mayor provided an update regarding the Wesch-Oak Building, the City Administrator has obtained estimates for the structural engineering design considerations for abatement or stabilization; $2,000 for abatement design plans and $1,200 for stabilization design plans, the City is pursuing a forced Sheriffs sale on potentially 3 properties in Fall River County owned by HS Citizens for Progress, we are currently awaiting action from the County Sheriff’s Office. This is to attempt to force the satisfaction of a previous debt by HS Citizens for Progress still owed to the City. The Mayor said ideally someone will step up at the sheriff’s sale buy it and at least save the façade.
Kara Hagen and KC Carruthers discussed the revival and intentions of the Save our Sandstone (SOS)-Preserve our Future group. The goal is to preserve our beautiful sandstone buildings. They would like to partner with the City in pursuit of this goal. They would also like the City to obtain, and share estimates of cost comparisons for demolition vs stabilization of the Wesch Oak building. Both ladies thanked the Mayor, Council and City Administrator for the attention brought to this issue thus far and offered assistance related to extensive experience in construction and historical preservation. KC said that the Albertsons report is just an opinion and not an analysis, and should be required is a structural analysis. KC also discussed a bigger question which is, how did we get here, how do we make sure we don’t return here and how are we going to protect these gifts provided to us by our ancestors? Mayor Kotti shared that it is a complicated problem and although our goal is to save the building if possible, our first and foremost goal is to ensure safety. KC asked the about the legal ownership of the building, if the City were to demolish it, do they become the legal owners? The Mayor stated that is what we are working through with the current execution of judgment to determine if we can force a sale and allow someone to buy it and renovate or at least secure it. The time was 7:30 p.m. and the Mayor needed to open another scheduled hearing, Bob Nelson, asked that both Kara and KC stay until after the public hearings as he has a few more questions.
Public Hearing: Mayor Kotti opened the public hearing at 7:10 p.m. for the 26th Street Water Distribution System Improvement District Amended Assessment Roll. Duane Cruz, property owner in the district said he felt everything was done correctly up until the part where there was a lack of transparency. He asked for the reason for the significant increase in the assessment amount and disagrees that it was due to the rock since it was not a mystery that there was rock up there and any estimate should have had rock included. Mayor Kotti explained that the City, in order to keep the project economically feasible for property owners, was using new technology, the rock saw, which had not been used in this area previously. The City found that it took longer and required more blade replacements than originally estimated. Mayor Kotti also stated there was no attempt to hide anything. Councilman Nelson asked Mr. Cruz, if he had known the final cost at the time of the original estimate, if it would it have changed his mind at all, he said not at all and that his concern is primarily with the increased amount and lack of communication. Councilman Nelson discussed that, although the City was aware of the rock, they were surprised by the quantity, he also expressed his understanding of the concerns regarding communication Mr. Cruz raised and said they would be taken forward and the City will try to do better in the future. He thanked Mr. Cruz for sharing his concerns. Robert Hagen, a new property owner in the district asked to see additional support regarding the increase in assessment amounts. Finance Officer Walton said there are documents available for viewing at City Hall, prepared by City Engineer Tracy Bastian, discussing the changes in the project and the costs. They had been reviewed and discussed at both Public Works and Administrative and Finance committee meetings, but not mailed to property owners. No other comments were heard and Mayor Kotti closed the public hearing at 7:19 p.m.
Mayor Kotti opened the public hearing at 7:20 p.m. to consider vacating a section line right-of-way located in the Cold Springs addition. Attorney Pat Ginsbach, representing David Turnbull and Janelle Knuth, explained how the house his clients purchased at Jericho Rd. was built by the previous owners, right over the section line that separates the City from the County. His clients have requested, both the County and the City vacate that part of the section line. The County has approved their portion and tonight they are asking that City do the same. No other comments were heard, Mayor Kotti closed the hearing 7:21 p.m.
Mayor Kotti opened the public hearing at 7:30 p.m. for the Use Permit on Review application from Michelle Erickson to operate home daycare at 1446 Clark Alley in Hot Springs. Michelle spoke about her plans for the in home daycare, she plans to be running during regular hours and had heard that daycare is in high demand, she mentioned that she ran a daycare previously for 3 years. Mayor Kotti asked her if she was licensed through the State, to which she answered, no, when asked why not, she explained she was not interested in taking it that far at this time. Mayor Kotti asked how many children and what ages, she said when she did daycare in Aberdeen she was allowed up to 12 and is planning on 10-12 here, also in Aberdeen she was only allowed 4 kids under 2 with only 2 of those allowed to be infants. Councilman Burris asked her to clarify her hours of operation, she plans to do 7:15-7:30 in the morning until about 5:30 in the evening. Councilman Burris also asked if she had talked to neighbors to which she responded, yes they have all received the required notice. Councilman Romey said he thinks it is a great thing they are doing but his only concern is that the only access to the house is a one lane alley. Ross Erickson, Michelle’s Husband, said he understands the concern, stating he has personally brought in rock to support the roadway and that there is room to pull aside and let others pass. He also would request that the City step up and repair the condition of the alley. Councilman Burris said it would really be nice if we could get written comment from your neighbors, to which Mr. Erickson replied that they did send the required letters to neighbors with a notice of the date and time of the public hearing in which any concerns could be heard. Councilman Burris said he supports the idea and understands the need but recalls past issues with neighbors when access to their property becomes an issue and would really like to see their written consent regarding the proposed use. Mayor Kotti asked if there were any neighbors present. Bob Paul, who is not an immediate neighbor but lives in the area, applauded them for their efforts in wanting to do a daycare, but also shared his concerns with traffic on the alley, which he referred to as not highly maintained. Councilman Lukens, asked for clarity that this business is intended to just be a private business with no intention to bring foster children or children paid for by the state, Michelle confirmed his statement. Councilwoman Turner shared that she thinks it’s awesome what they are doing as there is a need and she is glad they are filling it, she also thinks that if any neighbors had issues they should have come tonight. Councilman Nelson said he had a few more questions and comments but stated since we are getting close to the next public hearing time he would save those until the vote on the use permit later in the meeting. He asked the Erickson’s to stick around. Ross said that they are not against the idea of getting State certified down the road and as far as the alley access goes he is looking forward to working with the City to take better care of it. Mayor Kotti asked that Councilman Nelson address the alley at the next Public Works meeting. Mayor Kotti closed the public hearing at 7:43PM
Mayor Kotti opened the public hearing at 7:43 p.m. for a Use Permit on Review-Quality Real Estate, to have to operate an RV Park and campground at approximately 12.5 acres of undeveloped property located on the US Highway 18 truck bypass in Hot Springs. Todd Wilson currently leases the property from Quality Real Estate and is planning to develop and operate the campground. He has been working on it for about a year now. Once the use is approved, his plan is to move forward towards final procurement. He has worked with the City and the State Highway Department regarding development. He plans to make it a world class facility, giving people a place to stay within the City. He said when he and his wife first settled here in their fifth wheel, there was no place to stay and they had to stay in Hermosa. That got them thinking that the area could use a park. They would love to go after the snow bird crowd which helps the Golf Course and Restaurants in town. Mayor Kotti asked if they have done any market research to see what clientele they may attract. Todd said yes, they have spoken to the Black Hills and Badlands Tourism Association and the Chamber, they both agree there is a high need in our area. Mayor Kotti asked what facilities will be provided. Todd said it is their intention to provide full hook ups, sewer, city water, internet services, TV, a swimming pool in a later phase and a pavilion for family gatherings, golf cart rentals, grocery store built into the office, and an RV wash. Councilman Burris asked if there are plans to have meal offerings. Todd said they have considered that, and thought about bringing in food trucks to see if there is a market for it. Councilman Burris asked if he had a projected design for the area, Todd said yes. Councilwoman Ritterbush said they provided P&Z a very good and detailed plan. Councilman Burris said it would have been nice to be provided that, he asked how many sites they plan on and how many stages of development. Todd responded between camp and RV sites, roughly 80 with some cabins and a teepee, they are anticipating 3 stages of development, with the initial stage taking place this year with roughly 20 sites, they would break ground for the building along the highway which would be completed by fall. The next year they would open up the sites down below and complete the bathhouse, the following year they would develop paved sites. Mayor Kotti reminded the Council that they are not approving the plan rather the use of the property. The project has been before P&Z where two options for progression were considered. Councilwoman Ritterbush confirmed P&Z has reviewed the plans and that it was determined that a use permitted on review would save the Wilson’s time and effort and is allowed per City Ordinance. Councilman Romey asked for clarification on the proposed location, Todd stated it would be east of the existing Forest Service building and that their intention is for their building to follow a similar architectural style. Councilman Richards asked if they have determined that water and sewer services are adequate to support his plans, Todd responded yes. Councilwoman Ritterbush asked if they also sent out letters to their neighbors, the answer was yes. Jane Lukens said she would like to see the plans because that is right down from where she lives and if you are asking us to approve it, I would like to know what we are approving. Finance Officer Walton explained that plans are available at City Hall for review. Councilman Nelson asked about plans for dealing with smoke in that valley. Todd mentioned that have discussed a 50 percent ratio of sites with allowed fire and small fire rings of approximately 2 feet. Councilman Burris asked if there will there be screens, Todd said there would be and they will always abide by any red flag warnings or fire bans. Councilman Nelson asked if it turns out it just isn’t working are you agreeable to reconsidering it. Todd said yes. Councilman Burris said many places don’t have pits at the site but there is a larger common spot. Todd said they do intend to have a pavilion and that site may suit something like that if needed. Councilman Romey said with campfires in the summer and early fall it would not stay in the valley any way. Councilman Nelson asked him to confirm that he would be picking up all the cost for water and sewer, Todd said yes. Councilwoman Turner asked to clarify if the plan is to eventually transfer ownership of the land once this goes through, and Todd said that is the plan. Mayor Kotti closed hearing the at 7:59 p.m.
Councilman Nelson had follow up questions for Kara and KC, he asked, do you see this as a financial burden only of the City or do you see the financial burden being private purchasing and fixing up the property with the city helping to put things in place to see that work? KC said that is part of the difficulty not knowing about ownership of the building. What the group wants is say the City determines demolition would cost X amount, instead of spending on it demolition give that money to a group to look at a different path, in order to answer the question ownership matters, there are people who can come up with a lot of money to preserve the building, there are State and Federal Grants, we need to look at all option. Councilman Burris asked what the group is looking at doing or offering, is it money, time, products, labor, KC said we are a multifaceted group with many talents and skills to offer and are interested in a partnership, so many other questions need answered before knowing what that would look like. Councilman Lukens made 2 statements, 1 is the issue of time because of road construction and 2 is his concern for the safety of the people that would do the work. Mayor Kotti asked that the topic continue to be discussed at Public Works meetings. Councilman Nelson asked the group to acknowledge that the issue with this building can no longer be kicked down the road, stating there is less than a 2 year window before the road reconstruction takes place. Kara acknowledged they do understand and said the focus of the group is not just on the Wesch Oak building, once again the Mayor asked the topic continue to be discussed at the various committee meetings, and thanked KC and Kara.
Personnel: Moved by Ritterbush, seconded by Richards, to approve personnel action (a-d); Gordon Wempen, Class II Operator Water Dept., longevity increase $21.25/hr. effective 2/4/20, Sandy Hawthorne, EPMS Lifeguard $9.70/hr. effective 1/17/20, Kellie Sutter, EPMS Front Desk $9.55/hr. effective 1/27/20, Victoria Plybon, EPMS Front Desk last day effective 2/6/20
Committee Reports: Committee reports were heard by; Administrative and Finance: Chairman Bob Nelson, Vice Chair Caitlin Turner-the next meeting is 2/10 at 1p.m. at CH. Airport Advisory Committee: Bill Lukens, welcomed new airport mechanic business owner Rob Hagen, grazing lease discussed, committee determined due to the condition of the fence and the pasture, work should be done to improve both and it should not be used for cattle storage and feeding, applied for FAA grant for ramp extension, planning drone presentation, interest in building private hangars, summer help needed 16 hrs. per week 5/1-9/1, discussed QT POD recommending replacement now being referred to Admin/Finance. Custer/Fall River Regional Waste Management District: Ron Richards the next meeting is 3/12 at 7 p.m. at MCC, Downtown Historic Preservation Commission: Craig Romey the next meeting is 2/5 at 5 p.m. at the Library, Evans Plunge Advisory Committee: Alison Ritterbush the next meeting is 2/13 at 12 p.m. at EPMS. Parks, Recreation, Beautification and Cultural Development: Dave Burris the next meeting is 2/5 at 1 p.m. at MCC after the regular meeting there will be a meeting to discuss the possibility of a dog park. Planning and Zoning Commission: Alison Ritterbush the next meeting is 2/19 at 6 p.m. at CH. Public Safety: Bill Lukens the next meeting is 2/19 at 1 p.m. at CH. Public Works: Chairman Bob Nelson, current and future management of brush pile, recommending a one-time burn and future chipping, Wesch Oak building, report is available at CH public will be notified of any future action, the next meeting is 2/11 at 1 p.m. at CH. Southern Hills Economic Development: Caitlin Turner-they have switched to quarterly meeting and have yet to schedule the next one. Southern Hills Golf Course Advisory Committee: George Kotti-nothing to report. Volunteer Fire Department: Ron Richards the next meeting is 2/11 at 7 p.m. at the Fire Hall. The public is welcome to attend committee meetings.
 Resolutions: Moved by Nelson, seconded by Richards, to approve resolution 2020-5: A resolution amending the special assessment roll for the 26th Street Water Improvement District for a term of 10 years, a roll call vote was taken with all members present voting in favor
Resolution 2020-5
A Resolution Amending the Special Assessment Roll and the total amount assessed for the 26th Street Water Distribution System Improvement Project of the City of Hot Springs
BE IT RESOLVED as follows:
1. The previous assessment roll for the 26th Street Water Distribution System Improvement project, adopted by the City Council on January 21, 2019, has been amended to include additional property owners per SDCL§ 9-43-87 and 9-43-93 for assessment.
2. The previous assessment amount determined to be insufficient to pay for the total cost of the project which is calculated as the benefit the property owners receive pursuant to SDCL§9-43-80. The total costs of the project has increased because of extensive rock in developed area, which was no fault of the City.
3. Approval of Amended Special Assessment Roll. The amended special assessment roll filed December 30, 2019, for the financing of the 26th Street Water Distribution System Improvement, is hereby adopted and approved this 3rd day of February, 2020.
4. Levy of Assessments. There is hereby levied pursuant to and in accordance with SDCL Chapter 9-43 a 26th Street Water Distribution System Improvement in the amounts and covering the below described properties:
Name of Owner as shown by County Director of Equalization
Legal Description as of date of Resolution of Necessity
Total Amount Assessed
La Vera Chord, (2 parcels) 11 lots - Second Minnekahta Addn to Hot Springs: Lots 18 thru 28, Blk 43, $23,164.46
Duane & Jennifer Cruz,  11 lots - Second Minnekahta Addn to Hot Springs: Lots 1 thru 11, Blk 44, $23,164.46
Gregory Gunwall, 12 lots - Second Minnekahta Addn to Hot Springs: Lots 22 thru 33, Blk 41, $25,270.32
Jerry R. Cooper, 2 lots - Second Minnekahta Addn to Hot Springs: Lots 29 & 30, Blk 43, $4,211.72
Robert A. Hagen, 8 lots - Second Minnekahta Addn to Hot Springs: Lots 1 thru 8, Blk 43, $16,846.88
State of South Dakota, c/o Ryan Brunner, 8 lots - Second Minnekahta Addn to Hot Springs: Lots 16 thru 23, Blk 42, $16,846.88
Richard D. Wellnitz, 2 lots - Second Minnekahta Addn to Hot Springs: Lots 16 & 17, Blk 43, $4,211.72
Gary Crowley, 3 lots - Second Minnekahta Addn to Hot Springs: Lots 24 thru 26, Blk 42, $6,317.58
5. Payment of Assessments. The total assessment may be paid in 10 equal annual installments, to which interest at 5.25 percent per annum will be added before certification to the County Auditor, who will include both interest and principal amount to be collected along with ad valorem property taxes on above property. All special assessments shall be payable under Plan One-Collection by county treasurer pursuant to SDCL § 9-43.
6. Prepayment. Property owners may prepay the amounts of the assessment, within thirty (30) days without interest, at the City Hall office. After the thirty (30) day period, the unpaid balance will draw interest at the rate of 5.25 percent from the date of filing of the assessment roll. All installments paid before their respective due dates shall be paid in inverse order.
7. Filing of assessments. The Finance Office shall number said assessments consecutively, create the special tax book in accordance with SDCL 9-43, publish this resolution and deliver the special assessment roll and this resolution to the County Auditor.
8. Publish Notice. The Finance Office is directed to publish with this resolution a notice stating under which plan the special assessments are payable, that any such assessment or any installment thereof may be paid without interest to the municipal finance office within thirty (30) days after the filing of the roll, that such assessments may be paid at city hall, the due date, the date of filing the assessment roll with the County Auditor and the rate of interest.
Dated this 3rd day of February, 2020.
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
Moved by Turner, seconded by Ritterbush, to approve resolution 2020-6: A resolution to vacate a section line in Cold Springs Addition-Turnbull & Knuth, a roll call vote was taken with all members present voting in favor
Resolution 2020-6
A Resolution to vacate a portion of a section line in the Cold Springs Additions of the City of Hot Springs, Fall River County, South Dakota
WHEREAS, David Turnbull and Janell Knuth, whose post office address is 27299 Jericho Rd, Hot Springs, SD 57747; have heretofore presented to the City Council of Hot Springs, County of Fall  River, State of South Dakota, a Petition to vacate a portion of a section line legally described as:
That portion of the section line dividing Section 12 and Section 13, Township 7 South, Range 5 East of the Black Hills Meridian, Fall River County South Dakota, running on the North boundary of Lots 5 and 6, less Lot H-1 of Lots 5 and 6, all in Block 11, Cold Springs Addition of the town, now city of Hot Springs, South Dakota, according to a Plat thereof recorded in Book I of Plats, page 29 in the office of the Register of Deeds, Fall River County, South Dakota running between the Northwest corner of Lot 5 and traveling east across the North boundary of  Lot 5 to a point at the Northeast corner of Lot 6, Cold Springs Addition, according to a Plat thereof recorded in Book I of Plats, page 29 in the office of the Register of Deeds, Fall River County, South Dakota., and
WHEREAS, said Petition, made by the Owners of the property sets out that the section line has never been used as a street nor is it needed for access and is undeveloped, and
WHEREAS, the Hot Springs City Council, at a meeting on January 6, 2020, deemed it expedient that said matter should proceed and ordered said Petition filed with the Finance Officer, and fixed a time for hearing the Petition at the regular meeting to be held at the Mueller Civic Center, 801 S. Chicago St on Monday, February 3, 2020, at 7:20PM and directed that notice of hearing shall be published once a week for two consecutive weeks in the Fall River County Herald Star, the official newspaper of the City; and
WHEREAS, due and legal notice of the hearing on said Petition has been given and the Hot Springs City Council has carefully investigated and considered the matter, and it being established that those portions of the public ground to be vacated have not been used or traveled as a street or alley at any time during the period of twenty (20) years subsequent to the recording of the plat,
NOW THEREFORE, BE IT RESOLVED by the Hot Springs City Council of Hot Springs, South Dakota, that the vacation of the section line described above is hereby vacated, reserving, any and all easements and rights of way presently existing in said public ground for public utility and /or drainage purposes.
Dated this 3rd day of February, 2020.
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
Moved by Lukens, seconded by Burris, to approve resolution 2020-7: A resolution to surplus city property-dirty brass, copper and stainless steel at Wastewater Treatment Plant, Romey opposed.
Resolution 2020-7
A Resolution to Surplus City Property
BE IT RESOLVED by the City Council of the City of Hot Springs, South Dakota: to surplus the following City property;
WATER/WASTE WATER: Dirty brass, copper and stainless steel scrap of unknown weight at the Wastewater Treatment Plant
WHEREAS, the City Council of the City of Hot Springs finds that said property is no longer useable or suitable for the any purpose for the City; and finds that said property  should be made surplus and sold in as-is condition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hot Springs, South Dakota, that the above described property be declared surplus.
Dated this 3rd day of February 2020
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
New Business: Moved by Ritterbush, seconded by Romey, to approve the requested tax abatements as presented and submitted by the County of Fall River Director of Equalization; City of Hot Springs (2) $266.23, Olstad $118.78, Hult Homes (4) $298.83, Rasmussen $12.18, Vancas $183.86, Miller $64.65, Turner abstained
Moved by Turner, seconded by Romey, to approve use permit on review for Michelle Erickson, to operate home daycare at 1446 Clark Alley in Hot Springs. Councilman Nelson asked questions about the letters sent to adjacent property owners, the concern related to the alley, and licensing requirements. He asked Development Coordinator Sogge to clarify a use permit on review, asking if it can be reviewed again, the answer was yes. Larry Pratt shared his concern that the area is high traffic and drivers speed. Mayor Kotti asked about the yard and fencing. Marilyn Kotti, asked if City ordinance requires background checks and checking the neighborhood for registered sex offenders. Development Coordinator said he knows of none and the use permit on review was done by the front office, the City is not licensing the daycare. Mayor Kotti referred the subject of licensing daycares to the Administrative and Finance committee and the alley condition to Public Works, a roll call vote was taken with all members present voting in favor
Moved by Nelson, seconded by Turner, to approve use permit on review for Quality Real Estate, to allow the operation of an RV Park and campground at approximately 12.5 acres of undeveloped property located on the US Highway 18 truck bypass in Hot Springs, a roll call vote was taken with all members present voting in favor
Moved by Romey, seconded by Turner, to approve the burning of the brush piles at the City Maintenance facility
Moved by Burris, seconded by Romey, to approve re-appointment Jan Weisser to the cemetery board for a 5 year term 2019-2023, Turner abstain
Moved by Nelson, seconded by Burris, to approve travel/training request from Mary Hardy and Barb Benson to attend a Microsoft Excel Basics and Beyond the Basics seminar in Rapid City on 4/16/20 and 4/17/20, Romey abstained
Moved by Turner, seconded by Burris, to approve travel/training request from Chief Mike Close to attend the Statewide Sex Offender Registry Conference in Deadwood 4/19/20 to 4/21/20
Finance Officer Report: Presented YTD profit and loss summary report, fund summary report, cash balance report and investment reports, reminded council that first few month of the year are typically slow for revenue collection and heavy on expenses, intending to spend most of February focused on preparation of 2019 Financial Statements, 2020 Municipal election information 6 council seats one mayor seat nominating petitions can be circulated beginning March 1, if interested in serving your community please apply. 2020 SDML District 9 meeting is scheduled for April 1st in New Underwood, RSVP’s due by March 18th. Reviewed the next steps for the 26th St. Water Distribution Improvement project. Made request that topics discussed in committees that will be referred to or recommended to the full council be printed and published in the minutes of that meeting, will be discussed at next Admin/Finance Mtg. Thanked public, employees, and the governing body, if You are trying to help move Hot Springs forward, You are what is truly great about this town!
City Administrator Report: Presented an update of the City of Hot Springs Restricted-Use Solid Waste Facility (RUS) brush pile accumulation and DENR’s “last-burn-event” conditional approval. Provided a break-down of the Policies and Procedures for Brush Pile Burning as prepared by Mayor Kotti with our combined staff and Council member team participation.  Provided an update on continued discussions and public interest in the Wesch-Oak building status, engineering documentation and execution of judgement procedures; focusing on the City’s interest in supporting a non-profit’s economic investment in ‘saving the sandstone’ structure, once actual property ownership can be ascertained. The strict timeline for abatement action at the Wesch-Oak building is part of the critical path for the planned SD-DOT Hwy 18/385 reconstruction project. A seismic, construction vibration impact study has been scheduled by SD-DOT’s Consultant (Sayre Associates) and will commence in Mid-May of 2020. Additional SD-DOT Hwy 18/385 reconstruction planning discussions, have included: pedestrian crosswalk specifications, occupation of ROW permitting, USACE concurrence requirements for the suspended sidewalk design; and the proposed $2.8 MM funding terms, which will exclude obligations for the maintenance of the University Ave. bridge structures. Provided an update of various committee discussion items, continuing ordinance revisions, a joint participation City and County EMA event, and the Chamber of Commerce - Balloon Festival planning and other tourism-season advertising campaigns. Reminded everyone to get-out and support the Evans Plunge 130th year anniversary activities and special events
Mayor Report: SD/DOT has agreed to fund the addition of a suspended sidewalk along River Street during the Highway 385 construction. The city of Hot Springs in turn will assume maintenance responsibility for University Avenue with the exception of the two bridges. The $2.8M addition to the project is estimated to fund the design and construction of the sidewalk addition. Once completed, the city will assume responsibility for maintenance of the sidewalk. SD/DOT is drafting a formal agreement which will be presented to the Council for approval. The mayor noted that sales tax receipts were $75K ahead of 2018 and $108K ahead of 2017 totals. The total sales tax receipts were $1.717M despite a major retailer being closed for most of the summer and fall along with an inoperative elevator at Wind Cave National Park, reducing visitors at a major attraction that draws people to Hot Springs.
Being no further business to come before the Council, moved by Ritterbush, seconded by Richards, to adjourn at 9:09 p.m.
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $392.49
Published: Feb. 13, 2020

Fall River County Herald

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