Unofficial Minutes of the Regular Meeting of the City Council
of the City of Hot Springs
September 8, 2020
A regular meeting of the City Council of the City of Hot Springs, South Dakota, was convened on September 8, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor Bob Nelson presiding
Members Present: David Burris, Wes Grimes, JR Huddleston, Debra Johnston, Bill Lukens, Larry Pratt, Craig Romey and Caitlin Turner (exited 8:25 p.m.)
Staff Present: Finance Officer Misty Summers-Walton, Library Director Dawn Johnson, MCC Staff Karl Bochert, Recreation Director Kathy Hren (arrived 8:04) and City Attorney Garland Goff
All actions recorded in these minutes were by unanimous vote unless otherwise stated.
Agenda: Moved by Huddleston, seconded by Pratt, to approve the agenda
Minutes: Moved by Romey, seconded by Turner, to approve the minutes from the 8/17/20 regular council meeting
Claims: Moved by Burris, seconded by Romey, to approve the bills in between of $243,447.80
Bills in Between: Sept 8, 2020: City of Hot Springs, $21,835.68, General Payroll; City of Hot Springs, $11,688.05, Golf Payroll; City of Hot Springs, $9,753.43, Water Payroll;City of Hot Springs, $6,701.98, Sewer Payroll; City of Hot Springs, $14,619.24, Evans Plunge Payroll; City of Hot Springs, $18,604.63, Payroll Federal Deposit Deductions; City of Hot Springs, $2,772.55, Council Payroll; City of Hot Springs, $779.90, Council Payroll Federal Deposit Deductions; Wellmark BC/BS, $32,719.92, Premium; AFLAC, $972.14, Premium; Avesis, $142.62, Premium; Delta Dental, $1,117.04, Premium; Dearborn National Life, $133.50, Premium; Hot Springs Fire Department, $7,500.00, Allotment; Credit Collection Bureau, $378.52, Garnishment; Office of Child Support Enforcement, $1,298.00, Garnishment; Black Hills Energy, $11,919.81, Utilities; Battle Mountain Humane Society, $650.00, Monthly Contract/Animal Boarding ACO; ETS, $1,339.10, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $1,739.20, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $453.11, City/Water Monthly Credit Card Processing Fee; Jessica Luther, $1,085.00, Sept Water Meter Reading; USDA Rural Development, $91,001.00, BF Road Improvement Bond Loan Payment; Custer-Fall River Regional Waste Mgt, $63.00, Solid Waste Landfill Fees; Wells Fargo Financial Leasing, $4,180.38, Golf Cart Lease Payments; Total $243,447.80
Moved by Lukens, seconded by Johnston, to approve the current claims of $324,692.92
Current Claims: Sept. 8, 2020: Ace Hardware, $557.32, 5 Gal Air Tank; Acushnet Company, $308.62, 8 Dz Balls; Al Cornella Refrigeration Ser., $284.00, Ice Machine Diagnosis/Repair; Alsco, $91.94, Urinal Mats, Mops, Rags; American Red Cross, $152.00, Blended Learning For Lg; Banyon Data Systems, $3,144.00, Payroll, Vault Backup, Fund Support; Bierschbach Equipment & Supply, $835.25, Air Filter, 3 Chop Saw Blades; Black Hills Energy, $15,946.37, Monthly Charges; Bomgaars, $464.29, Padlock, Hasps; Brosz Engineering Inc, $24,010.00, Jennings Bridge Engineering Work 7/20-8/15/20; Builders Firstsource, $528.87, 20 60# Bg Concrete Mix; Callaway, $127.98, 6 Bx Balls; Chamber Of Commerce, $16,044.23, Municipal Tax Dist 8/1/20 - 8/21/20; Core & Main (Hd Supply), $1,762.65, 2 Meters, 2 Tapping Saddles; Credit Collections Bureau, $16.65, Collection Fees Client #25022 July 2020; Custer-Fall River Regional Wst, $132.01, Aug 2020 Solid Waste Dump Fees; Cwd, $1,893.09, P-Towels; Cwt, $978.50, Cwt Worker $9.50Hr 29Hr; Dales Tire & Retreading, $1,455.50, 4 Jd Loader Tires Refoamed, 2 Tires Polaris; Demco, $96.82, Name Tag, 3Pk Cd Pockets; Dietzler Construction, $184,672.13, Payment #1 Application For Jennings Bridge Structure Replacement; Dollar General, $51.00, Trash Bgs, T-Paper; Dooley Oil, Inc., $288.02, 5 Cs Phillips X-C Oil; Easy Picker Golf Products Inc., $184.26, Coin Slide Repair Part Range Ball Machine; Ecolab Pest Elim, $257.03, August Pest Control; Epoch Eyewear, $230., 24 Sunglasses; Fall River Auto, $708.55, Distributor Cap, Electric Monitor, Rotor, Oil Filter; Fall River County Auditor, $914.04, Aug 2020 Hwy Fuel Usage; Fall River County Herald, $794.53, Proceedings June 12, 24Th; Fall River Sanitation, $14,916.12, Aug 2020 Garbage/Recycle Paymts Collected; Fisher Beverage, $1,277.55, 3 Cs, 2 6Pk Cn; Garland Goff Attorney At Law, $4,093.80, Aug 2020 Legal Services Rendered; Golden West Telecommunication, $1,827.62, Monthly Charges; Golf Products, Inc., $997.52, 600 Jar Balls, 2100 Range Balls; Hawkins Inc., $2,269.50, G02 Part A & B (Disinfectant); Hills Edge Auto, $796.35, 2 Rear Shocks, Align, Inspect For Fram Damage; Hillyard/Sioux Falls, $390.37, Touchless Paper Towel Dispenser; Ingram Library Services, $415.33, 20 Books; Innovative Office Solutions, $264.55, Staples,Tape, Dry Erase, Clips, Pens; Jeremy Burks, $37.54, Water Deposit #7191; John Deere Financial, $916.01, Haul Rental Loader To Rc; Kimball-Midwest, $391.65, Paint Stick, Ear Plugs, Term Release Tool Kit; L. L. Johnson Dist., $591.02, Tee Pvc, Tee Slip, Couplers, Bushings, Solenoid Assmby, Gasketed Pvc Tee; Lighting Maintenance,Contracts, $530.88, Monthly Light Maint Svc; Lynns Dakotamart, $225.95, Ice Cream, Lettuce, Potatoes, Condiments, Syrup, Bread, Rolls, Coffee/Filters; M. G. Oil Company, $5,192.87, 480 Gal Gas; Marco Technologies Llc, $96.72, Monthly Printer Contract; Menards, $48.86, Shelf, Track, Bracket; Micromarketing Llc, $277.97, 3 Dvd, 3 Cd; Midcontinent Testing Laborator, $1,970.00, July 2020 Water Testing -Voc’s; Mutt Mitt, $287.94, 3 Cs Mutt Mitts; Nebraska Salt & Grain Co., $4,485.63, 31.39 Tn Ice Slicer; North Central Rental & Leasing, $8,049.84, Rental Of Front End Loader 7/15/20 - 8/11/20; Northwest Pipe Fittings Inc, $2,934.98, 3 Swing Joint, Mj Plug; Patricia Or Tim Harris, $104.80, Water Deposit #13708; Pepsi, $725.05, Pop, Gatorade, Water, Bai, Tea; Quality Brands Of The Black Hi, $1,098.65, 10 30Pk Cn, 1 4Pk Cn, 12 24Pk Cn; Rapid Delivery, $14.38, Rdo Freight Charge; S. D. Municipal League, $100.00, 2020 Elected Officials Workshop Registration Fee Pierre 9/2/20 Nelson, Johnston; Sams Club Direct, $71.92, 4 Bx Premier Shakes; Servall, $243.48, Mats; Simon Materials, $1,228.37, Cold Mix, Base Course; Site One Landscape Supply, $682.63, 6 Risers, Soleniod Seal; Sonnys, $58.00, 2 Pks P-Towels; Staples, $30.38, 1 Bx Paper Clips; State Flag Account, $65.65, Addtl Charges Prev Flags Ordered 1 Us Flag; Sturdevants Auto Parts, $1,043.61, Ignition Control, Spark Control (White Van); Summit Signs & Supply Inc, $150.00, 10 Sets Breakaway Hardware; Swimsuit Station, $801.46, 132 Childrens Swimsuits; The Toro Company - Nsn, $155.00, Aug 2020 It Irrigation Support; Theresa Maas, $605.20, August 2020 Janitorial; Titan Machinery, $1,101.08, Annual Inspection Bucket Truck; Trugreen, $1,000.60, Weed Spray Chautauqua, Mcc Soccer Field, Depot, School St Park, Kidney Springs; Verizonwireless, $418.48, Monthly Charges; Warne Chemical, $884.05, Fe Chelate; Wendells Garage, $3,500.00, Upfit New 2020 Durango W/ Equipment; Wilson Sporting Goods, $393.30, Golf Club Set, 13 Putters; Total: $324,692.92
Moved by Huddleston, seconded by Turner, to approve the Wells Fargo credit card claims of $6,657.57
Wells Fargo Credit Card Claims: Sept. 8, 2020: $24.99, Stamps.com - Aug 2020 Svc charge; $755.15, Amazon - 58 books, 3 dvd; $157.50, Amazon - Used HP wireless printer; $323.80, 68 childs facemasks; $125.58, Amazon - 35 toddler face masks; $314.92, Amazon - 1 pr boots, radio ear piece, t-shirts; $127.98, Amazon - 2 pk vest spray, 1 pr boots; $75.00, YMCA - RC lifeguard course re-certification; $5.79, USPS - Shipping to return keys to patron/reimb by patron; $48.25, Country Home Elevators/Access 2 Parts - Acorn arm switch actuator; $267.17, SwimOutlet.com - 60 pr goggles; $413.82, Wristband Resources- 16500 admission wristbands; $38.10, Amazon - 2 bx little swimmer diapers; $30.19, Vista Print - 250 business cards; $1,517.00, Amazon - 4 impact traffic in-street pedestrian crosswalk sign, yield with portable base; $60.00, Geotechnical Solutions - Seminar registration fee $26.99, Vista Print - 500 business cards; $59.88, Amazon - Regulator nut (drinking fountain shop); $13.49, Vista Print - 500 business cards; $15.96, Zoom - Zoom meetings; $226.44, Amazon - 3 sealant tape 6”x50’ roll; $278.04, Amazon - 50 rolls thermal paper, tape; $249.90, Office Depot - 7 cs copy paper; $1,501.63, Dare Catalog - jacket, shorts, pants, briefcase, tag packs, key chains, bracelets, pens, pencils, grips, pouch, magnets, t-shirts, erasers; $6,657.57: Total
Proclamation: Cynthia Nelson with the Daughters of the American Republic (DAR) committee requested the Mayor and City to recognize Constitution Week. Mayor Nelson proclaimed the week of September 17-23, 2020 as Constitution Week and asked citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.
Council Updates: HS Public Library Director, Dawn Johnson, provided the council with a quarterly report. Although traffic had been slow, it has steadily been picking up. Fall programming is in full swing and many activities and classes offered are at capacity. The United Way Grant has allowed the purchase and distribution of free children’s face masks to anyone in need. 3 displays currently exhibited at the library; a Wild Bill Hickok, Earth Day art display from Wind Cave, and a Daughters of the American Republic (DAR) display for constitution week. The library was solicited to help Middle and High School students with books and sees the partnership with the school libraries as a win-win.
Southern Hills Economic Development Executive Director, Andrea Powers, provided the council with an update. Most of the year has been spent working on programs related to the COVID-19 pandemic. She introduced new business owners, Farrukh and Mary Nadeem, who shared their personal stories and positive experience working with Andrea in developing their newly established restaurant/catering business Silk Road. Powers shared information about the Homes Are Possible Home Renovation Program, she has 20 local applicants so far. Worked w/ Western Dakota & HS School Administration to develop satellite classroom in the old administration building. BBB grant in Edgemont for property clean up, potential to utilize funding to clean up city properties. Discussed the Emergency Solutions Grant (ESG) program established to provide direct financial assistance to individuals & families experiencing homelessness or at risk of homelessness, can provide rental & utility assistance, security & utility deposit assistance & more.
Public Hearing: Mayor Nelson opened the public hearing at 7:10 p.m. on an application for a retail on-off sale malt beverage & SD farm wine license from HSPLOFT Properties LLC to be used at 311 N. River St. Comments were heard by owners Brent and Amanda Estep, who shared their vision for the business, modeled after a 1930’s five and dime store that previously operated in that location. Councilman Burris asked if this is the first alcohol license applied for to which Mr. Estep responded, yes. Burris asked about refrigeration plans and Mr. Estep said the official layout has not been planned yet but shared they are not planning on a large volume of sales. No other comments were heard. Mayor Nelson closed the hearing at 7:16 p.m. Moved by Burris, seconded by Huddleston, to approve the application
Personnel: Moved by Turner, seconded by Johnston, to approve personnel items a-p; Abraham Romero Perez Jr. FT Police Officer $18.92/hr. (86%) effective 9/9/20, Dawn Johnson, FT Library Director, longevity increase $20.99/hr. effective 9/9/20, Karen Bingley, FT Asst. Finance Officer, step increase (100%) $20.54/hr. effective 9/9/20, Billy Morrow, FT Maintenance Foreman, longevity increase $24.51/hr. effective 9/14/20, Mike Parmley, FT Class II Operator Sewer Dept., longevity increase $23.23/hr. effective 9/16/20, Josh Priem, FT SHGC Equipment Manager, step increase (98%) $18.78/hr. effective 9/26/20, James Lively, FT Maintenance Class II Operator, longevity wage correction $16.64/hr. effective 8/11/20, Ivan Venner, FT Airport Manager, wage correction (80%) $11.78/hr. effective 7/28/20, Shanna Clyde, PT EPMS Lifeguard (previously slide dispatch), $9.95/hr. effective 8/28/20, Lyndsey Reetz, PT EPMS Lifeguard (previously slide dispatch), $9.95/hr. effective 8/28/20, LaMya Broyles, PT EPMS Lifeguard (previously slide dispatch). $9.95/hr. effective 9/1/20, Ed Jensen, FT Airport Manager, last day effective 8/28/20, Stacie Roberson, FT Library Clerk, last day effective 9/10/20, Wyatt Kreilaus, PT SHGC Laborer, last day effective 8/14/20, Adam Consoer, PT EPMS Lifeguard, last day effective 8/27/20, Karen Rambur, PT EPMS Custodian, terminated effective 8/15/20
Committee Reports: Committee reports were heard by; Administrative and Finance: Caitlin Turner- Next mtg. 9/14, 1 p.m. at CH. Airport Advisory Committee: Bill Lukens-private hangar construction in progress, 6 add’tl inquiries to build private hangars, fly-in scheduled this weekend, Airport Manager working on updating airport emergency response plan, would like to include skydivers & gliders on advisory board, reported flight operations, fuel sales and hangar utilization. Next mtg. 9/24, 9 a.m. at Airport. Custer/Fall River Regional Waste Management District: Larry Pratt-Next mtg. 9/10, 7 p.m. at MCC. Downtown Historic Preservation Commission: Debra Johnston-discussed antenna tower at American Legion, no updates on the Wesch Oak Bldg. discussed the Bodega Bldg. and redrawn plans for construction, concerned with timing & continued bldg. deterioration. Historic Preservation Ordinance revisions still being discussed, Chautauqua Artisans Market withdrew mural request. Next mtg. 10/7, 5 p.m. at Library. Evans Plunge Advisory Committee: Larry Pratt-Next mtg. 9/10, Noon at EPMS. Parks, Recreation, Beautification & Cultural Development: Wes Grimes- considering hiring to address issues with sprinklers throughout City parks, Brookside irrigation system bids coming in, Chautauqua park tree stump possible removal, citizen requested study of plants and animals in Fall River. Centennial Park fountain tuck pointing, watering and mowing of soccer fields. Concerns with Depot property maintenance, thanked Gerald C and Matt W for efforts to clean it up, replacing lights at Butler Park, recreation activities updates. Next mtg. 10/7, 3 p.m. at CH. Planning & Zoning Commission: Caitlin Turner-reviewed & recommends approval of request to vacate by Elliott and Webb, discussed definition modifications for planning commission and building regulations in ordinance, discussed Armory property RFP, heard Mammoth Site PUD updates. Next mtg. 9/16, 7 p.m. at CH. Public Safety: Bill Lukens/JR Huddleston-applying for grant to purchase emergency generators/PDMP mitigation measures, New PD Durango wrap waiting for 3rd bid, CH & PD front desk security recommendations included in 21 budget, discussing regulating and permitting daycares in City limits, online auction of surplus weapon discussion, heard request to remove non-working street light midway in the 900 block of S. 6th St., contracted SRO not being considered at this time. Committee items discussed included; overgrown bush/trees in intersections, parking issues on Galveston & Minnekahta, traffic/parking ordinance revisions, traffic issues on S. 6th during food hand out, potential for Walmart grant for public safety projects, comp plan write up for law enforcement, PDMP adopted and accepted by the State, 9/10 EOC training course for elected officials. Next mtg. 9/16, 1 p.m. at CH. Public Works: Dave Burris/Craig Romey- Next mtg. 9/15, 1 p.m. at CH Southern Hills Economic Development: Bob Nelson-Next mtg. unscheduled time & place TBD Southern Hills Golf Course Advisory Committee: Bob Nelson 8 Next mtg. 9/14, 5 p.m. at CH. The public is welcome to attend committee meetings.
Ordinance: Moved by Lukens, seconded by Romey, to approve second reading Ordinance 1215: An Ordinance amending and revising Title IX General Regulations; Chapter 92 Parks and Recreation §92.19 Hot Air Balloons, Chapter 93 Fire Protection and Prevention §93.02 International Fire Code and Chapter 95 Nuisances-Declaration of Emergency adding new sections §§95.60-95.63, amending §95.38 Registry of vacant structures (E)(5) and adding Noise §95.70, a roll call vote was taken; Burris, Grimes, Huddleston, Johnston, Lukens, Pratt, Romey and Turner all voted in favor
AN ORDINANCE AMENDING AND REVISING TITLE IX-GENERAL REGULATIONS; CHAPTER 92 PARKS AND RECREATION §92.19 HOT AIR BALLONS AND HOBBY ROCKETS, CHAPTER 93 FIRE PROTECTION AND PREVENTION §93.02 INTERNATIONAL FIRE CODE AND CHAPTER 95 NUISANCES; ADDING §95.60-95.63-DECLARATION OF EMERGENCY, AMENDING §95.38 REGISTRY OF VACANT STRUCTURES (E)(5) AND ADDING §95.70-NOISE
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, fire protection and prevention and nuisances within the City; and
WHEREAS, the City of Hot Springs has identified the need to amend and revise the existing ordinance to address hot air balloons, adoption of updated international fire code and add sections to the nuisance ordinance regarding the emergencies and noise
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title IX General Regulations, Chapters 92 93 and 95 be revised and amended as follows:
Chapter 92 Parks and Recreation
§92.19 LAUNCHING HOT AIR BALLOONS AND HOBBY ROCKETS RESTRICTED-REPEALED
Chapter 93 Fire Prevention and Protection
§93.02 FIRE CODE
The International Fire Code, 2018 Edition, is hereby adopted by the city, and the printed, copyrighted copy of such Code, which is on file in the office of the Building Official of this city, is adopted and incorporated as fully as if set out at length herein
Chapter 95 Nuisances
§95.38 REGISTRY OF VACANT STRUCTURES
(A) There is hereby created in the city a registry of vacant structures.
(B) Owners of real property are required to register all vacant structures within 30 days of the vacancy, except where the structure in question is being repaired or remodeled and a valid building permit has been issued for that project. This excludes rental properties in between rentals and does not meet the definition of evidence of vacancy as defined herein.
(C) Structures that are vacant at the time of the enactment of this chapter must register within 30 days after notification of the enactment of this chapter.
(D) A real estate company that has a vacant structure listed for sale may, as the owner’s agent, register that property for their client within 90 days of signing a sales contract. Upon notification by the city that an owner has failed to register a vacant structure that is listed with a real estate company, the listing real estate company may register that property with the property owner’s current contact information. Registration fees and subsequent fines shall be the responsibility of the property owner. (See §95.37).
(E) Owners who are required to register their properties pursuant to this chapter shall submit a completed vacant structure registration form provided by the city containing at minimum the following information:
(1) The name of the owner of the property;
(2) A mailing address where mail may be sent that will be acknowledged as received by the owner;
(3) The name of a responsible party for the care and control of the property;
(4) A current address, phone number, fax and email address (if fax and email addresses are available) where communications may be sent that will be acknowledged as received by the owner or responsible party for the care and control of the property. If certified mail/return receipt requested is sent to the address and the mail is returned marked “refused” or “unclaimed,” or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the responsible party has failed to comply with this requirement; and
(5) The vacant structure registration form shall also contain, directly above the signature lines, a statement of acknowledgment and acceptance of the city’s property maintenance requirements.
(Prior Code, §18-A-03-04)
§95.60: DECLARATION OF EMERGENCY
Notwithstanding any other provisions in the Hot Springs Municipal Code relating to the declaration, identification, and abatement of nuisances, in the event that the City, the State of South Dakota or federal government declares an emergency to exist that endangers or presents a hazard to public health, welfare, or safety, and either the City, State of South Dakota or a federal government implements rules or recommendations restricting or limiting the actions of individuals or businesses in order to limit or slow the impact of such emergency event, the City may declare any business or individual who violates those rules or recommendations to be a public nuisance.
In declaring the emergency, the City may by resolution set forth rules or recommendations restricting or limiting actions of individuals or businesses that the City has determined necessary to protect the immediate health, welfare, or safety of the public and within the resolution may adopt by reference actions, declarations, or standards currently in place or being put in place by the State of South Dakota or the federal government.
§95.61: IMMEDIATE ABATEMENT
Upon a determination by the police department or the development coordinator that a business or individual is operating in violation of those rules and recommendations set forth in Section 58 above which the City has declared to be a nuisance, the police department or the development coordinator may determine that such violation is an immediate threat to public health, and safety and may have the nuisance abated immediately at the owner’s expense.
§95.62: CORRECTIVE ACTION PLAN
In a situation where the City has to perform an immediate abatement that includes the closing or limiting of business or personal actions of an individual, that business or individual shall have the right to submit to the City in writing the actions the business or individual will take to bring activity within the rules and/or recommended standards contained in the City resolution declaring an emergency. Upon receipt of the written proposal, the City will review the proposal within 48 hours exclusive of weekends or legal holidays, and advise the business or individual whether the abatement will no longer be necessary if the business or individual fulfills and follows the existing regulations and properly adjusts activities to fit within those regulations.
Any business or individual aggrieved by any immediate abatement or requirements being placed on the person’s activities to be brought in compliance with the City’s resolution declaring an emergency may appeal the action to the next City Council Meeting that is at least 48 hours after the filing of the notice of the request for hearing, exclusive of weekends and legal holidays, wherein such filing is in writing and sets forth the reasons why the business or individual believes their actions are within the restrictions contained in the City’s resolution declaring an emergency.
§95.63: REMEDIES AGAINST NUISANCE GENERALLY
In the enforcement of the City’s resolution declaring an emergency, the City shall also have an additional rights and remedies against nuisance as exists under common law and under state statute including, but not limited to, SDCL §9-29-13 and SDCL chap. 21-10.
Penalty, see §95.99
It shall be unlawful to create disruptive noise between the hours of 10:00 PM and 6:00 AM.
Disruptive noise is a type of sound and is defined as unwanted, annoying, unpleasant or loud.
1. Continuous noise is noise that is produced continuously, for example, by machinery that keeps running without interruption or loud music that carries sound more than 100 feet outdoors
2. Intermittent noise is a noise level that increases and decreases rapidly. This might be caused by a revving a car engine repeatedly, train passing by, or aircraft flying above your house
3. Impulsive noise is most commonly associated with the construction and demolition industry. These sudden bursts of noise can startle you by their fast and surprising nature and may include the starting of a lawn mower, motorcycle or other un-muffled power equipment
4. Low-frequency noise includes the hum of a nearby power station or the roaring of large diesel engines. It also happens to be the hardest type of noise to reduce at source, so it can easily spread for miles around.
Penalty, see §95.99
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 17th day of August 2020,
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
First reading: Aug 17, 2020
Second reading: Sept. 8, 2020
Published: Sept 17, 2020
Effective: October 8, 2020
Moved by Turner, seconded by Lukens, to approve the first reading of Ordinance 1216: 2021 Appropriation Ordinance, a roll call vote was taken; Burris, Huddleston, Johnston, Lukens and Turner all voted in favor, Grimes and Romey opposed, Pratt abstained
Resolution: Moved by Johnston, seconded by Romey, to approve Resolution 2020-27: A Resolution to surplus City property-Airport Hay
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;
AIRPORT: 39 Hay Bales average weight 1600lbs.
WHEREAS, the City Council of the City of Hot Springs finds that said property is not useful or useable to 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 8th day of September 2020
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
New Business: Moved by Burris, seconded by Johnston, to advertise seeking parties interested in preserving the Wesch-Oak Building located at 717 N. River St. Advertisement will be in the Fall River County Herald Star, City Website, Facebook and Rapid City Journal
Moved by Johnston, seconded by Huddleston, to authorize and approve the three (3) offers and statements of compensation presented to the City of Hot Springs by the SD DOT for temporary easements and warranty deeds necessary for highway purposes associated with the US Hwy 385 road reconstruction project; Project# NH 0018 (184) 39- payment of $300, Project# NH 0385 (48) 35-payment of $830 and Project# NH 018B (02) 40-payment of $5725
Moved by Huddleston, seconded by Pratt, to approve the revised facilities use agreement 2020-7 between the City of Hot Springs and the SD Dept. of Wildland Fire for emergency use of a portion of Butler Park
Moved by Burris, seconded by Lukens, to increase the number of hours authorized for the Recreation Director position from 690 hours to 790 hours effective 1/1/2021-Johnston abstained
Moved by Lukens, seconded by Burris, to approve and authorize the Mayor to sign the US Dept. of the Interior US Geological Survey Joint Funding Agreement for Water Resource Investigations for the Dakota Water Science Center for operation and maintenance of 06402000 Fall River at Hot Springs gage, during the period 10/1/20-9/30/21 in the amount of $4,435
Moved by Romey, seconded by Pratt, to accept 30,000 gallon propane pre-buy quote and approve 2020-2021 contract from AmeriGas at $1.11/gallon
Moved by Romey, seconded by Burris, to set a public hearing for 9/21/20 at 7:10 p.m. to review and act on the petition to vacate from Orval Elliott, James and Sunny Web and the Mammoth Site
Moved by Romey, seconded by Grimes, to approve a temporary alcoholic beverage license application from CS Inc. DBA Winner’s Circle to be used at the Mueller Civic Center, 801 S. 6th St. at the Palo Wedding on 9/6/20-license approved after event
Moved by Romey, seconded by Pratt, to approve a plat of Lot GC-76A & Lot GC-76B, of Boulder Falls Addition to the City of Hot Springs, Fall River County, South Dakota (formerly lot GC-76)
Moved by Romey, seconded by Pratt, to approve a plat of Lot GC-81A & Lot GC-81B, of Boulder Falls Addition to the City of Hot Springs, Fall River County, South Dakota (formerly lot GC-81)
Moved by Burris, seconded by Romey, to approve the Challenge Dakota/Stars Stripes & Steps race event on 9/19/20 that will occupy the right of way of the north bound shoulder south from Taco John’s to 13046 Fall River Rd. from early AM until the race is finished, mid-afternoon
Moved by Romey, seconded by Pratt, to approve travel/training request from Finance Officer Misty Summers-Walton to attend the BHAFOA meeting and workshop in Keystone S.D. on 9/30/20
Discussion only-PD vehicle 2013 Ford Inter Taurus, Councilman Grimes questioned the condition and status of this fully equipped police vehicle located at the City Maintenance Shop. Lukens, Burris, Romey, Johnston and Mayor Nelson all shared related information and questions about the condition and future plans for the vehicle. Service reports from previous work and if needed additional recommendations from dealer service center will be reviewed
Finance Officer Report: Thanked Council for approving travel, although plans for the workshop are still very fluid, reported on YTD financials including the impacts the pandemic has had on revenue collection throughout the City, updated on State allocated CRF$, reviewed 2021 budget notable expenses, 20-21 propane pre-buy award and the retired discretionary tax formula rebate and potential complications. Thanked the Finance and City Hall staff for professionalism and excellence during this somewhat difficult year, grateful for the resilient and dedicated team that I work with
Mayor Report: I want to thank everyone that helped organize and put on the balloon festival last weekend. The balloon pilots & their support staff, sponsors, Chamber of Commerce, Legion Riders, City employees, advertisers & anyone else I missed. Due to weather the festival was limited to a Saturday morning balloon launch & a modified night glow Saturday night. Even without a Sunday morning balloon launch it is apparent this is an event that is only growing and is an opportunity for the City, and her residents, to get behind the festival to ensure each year is better than the last. Let’s see if we can’t grow this into a week-long event. The Jennings Bridge replacement project is progressing smoothly. The old bridge has been completely removed and the contractor is beginning to work on the foundations for the new bridge. Dietzler Construction is hopeful that if good weather continues they will be finished with the project in mid to late November. Dietzler has also removed some cattails north of the Jennings Bridge and the City is working with Dietzler to see if we can’t get them to remove some additional cattails between the Jennings Bridge and the walking bridge in front of City Hall. We’re also looking at the possibility of removing cattails from the walking bridge north to the general area of McColley’s. The City continues to have regular meetings with our design engineer for the suspended sidewalk and the DOT about the Highway 385 reconstruction project.
Adjournment: Being no further business to come before the Council, moved by Romey, seconded by Lukens, to adjourn at 9:12 p.m.
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $350.91
Published: Sept. 17, 2020