Proceedings

CITY OF Edgemont Common Council
Regular Meeting
August 15, 2023
CALL TO ORDER - ROLL CALL: Mayor, Rheta Reagan, called the regular meeting of the Edgemont Common Council to order at 7:00 p.m. on July 18, 2023, at Edgemont City Hall. Present were Council Members, David Levey, Jarrell Rola, Jason Shook, Dennis Tubb and Brent White.
Pledge of Allegiance was stated.
CONFLICT OF INTEREST FOR COUNCIL MEMBERS: None noted.
APPROVAL OF AGENDA: David Levey made a motion to approve the August 15, 2023 agenda with replacing the Brett Goforth – Laundry Mat item with travel approval for Kyle Kaiser and Dane Hirschfield to attend the SD Water and Wastewater Association Annual Conference, September 13 through September 15, 2023 in Spearfish and to also change the agenda meeting date to August 15, 2023 and the next council will be September 5, 2023. Motion was seconded by Jason Shook. Motion carried with unanimous vote.
APPROVAL OF MINUTES: Brent White made a motion to approve the August 1, 2023 minutes. Motion was seconded by David Levey. Motion carried with unanimous vote.
COMMITTEE REPORTS:
Law Enforcement – Deputy Ish Belt
Public Works - Joe Koller
Mayor’s Report - Rheta Reagan spoke of the website being updated and the progress with daily work.
PUBLIC COMMENT: Gail Bethel, Librarian, updated the Board about new programs and other activities at the library.
COUNCIL COMMENT: Dennis Tubb asked that comments be kept to a minimum in the future at meetings.
APPROVAL OF CLAIMS: Jason Shook made a motion to approve the August 15, 2023 claims totaling $33,671.07. Motion seconded by Brent White. Motion carried with unanimous roll call vote.
July 15 – July 29, 2023 Salaries: Total Salaries: $7,520.86
July 19 – August 1, 2023 Expenditures: Amazon, Supplies & Materials, $183.67; Black Hills Energy, Electricity, $5,258.21; Bomgaars, Rope Clip/Coated Cable, $51.05; Butler Machinery Co., Repairs, $595.00; Century Business Products, Data/Usage, $246.52; City Of Edgemont, Utility Allowance, $351.53; Core & Main, Materials, $1,367.00; Culligan, Water, $29.00; Dane Hirschfeld, Medical Reimbursement, $87.00; Ebay, Calculator, $47.79; Eberle Specialty Electric, Ignition Switch, $45.00; Econo Signs, Signs, $966.18; Fall River Auto Supply, Backhoe/Packer Parts, $26.27; Fall River County Herald, Proceedings, $355.44; Golden West Telecommunications, Telephone Bill, $701.71; Golden West Technologies, Firewall, $100.00; Hawkins Inc, Difference Last Order, $669.63; Hi-D-Way Oil & Gas, Gasoline, $1,230.09; Highline Clean Solutions, Clean City Hall, $150.00; Iuoe Local 49, Union Dues, $140.00; Iuoe Local 49 Fringe Benefit, Health Insurance, $2,652.00; Jmm Services, Accounting Services, $4,725.90; Joe Koller, Medical Reimbursement, $8.81; Ranchers Feed & Supply, Supplies & Materials, $380.18; Sander Sanitation, City Containers, $4,920.48; Sd Dept Of Revenue, Sales Tax, $529.20; Sd Secretary Of State, Notary Application, $30.00; Sdwwa, 2023 Annual Conference, $300.00; Usps, Water Billing Postage, $2.55; Total: $26,150.21
OLD BUSINESS: Jason Shook made a motion to approve purchasing a vehicle for the public work crew, with a cap of $45,000.00 and have Foreman Joe Koller and public works committee act on what they need. Motion carried with unanimous roll call vote.
NEW BUSINESS:
LEMPG AND PDM Plans: Frank Maynard, with Fall River County Emergency Management, met with the Board to give updates on the LEMPG and PDM plans. Discussion was held on having a current copy on hand at City Hall and a trailer that the County owned that could be provided in case of an emergency and shelter items were needed.
TRAVEL APPROVAL: Jason Shook made a motion to table the travel approval for Kyle Kaiser and Dane Hirschfield to attend the SD Water and Wastewater Association Annual Conference, September 13 through September 15, 2023 in Spearfish. Motion dies for a lack of a second.
Brent White made a motion to approve travel approval for Kyle Kaiser and Dane Hirschfield to attend the SD Water and Wastewater Association Annual Conference, September 13 through September 15, 2023 in Spearfish, with limitations, until the September 5, 2023 meeting. Jason Shook seconded the motion. Motion carried with unanimous roll call vote.
PROPANE BIDS: Sealed propane bids for the upcoming year were opened and prices per gallon were as follows:
Nelson’s, Hot Springs: $1.79 per gallon
Hi-D-Way, Edgemont: $1.94 per gallon
Stern, Rapid City: $2.03 per gallon
David Levey made a motion to table deciding on the propane bids until further research could be done on whether the city owns the tanks or rents them, as well as the cost to change before acting. Jarrell Rola seconded the motion. Motion carried with unanimous vote.
KUSTOM KRAFT ROOF BIDS: Sealed bids were opened for the Kustom Kraft Roof and prices were as follows:
Weathercraft Co., Scottsbluff, NE: $196,767.00
Bolt Construction, Box Elder: $333,058.56 (replacement)
Bolt Construction, Box Elder: $298,346.96 (repair)
Jason Shook made a motion to reject bids at this time and see if the companies to rebid for doing the roof in sections, a third at a time, on the Kustom Kraft Building. Jarrell Rola seconded the motion. Motion carried with unanimous vote.
SCANEMAN/LEONI NUISANCE ORDER HEARING: Lance Russell, City Attorney, opened the hearing and called the first witness, Robert Johnson.
Mr. Johnson lives across the alley from 302 and 304 4th avenue. The fence on the nuisance property is too tall. It does not’ inhibit traffic but it is too tall and encroaching. The sewer system is hooked up inappropriately with a camper on the premises and water is being run from the house to the camper. There have been 4 campers on the property since February. Mr. Johnson believes it is a hazard and proposes a threat to safety. Mr. Johnson spoke of taking pictures for the last week and a half. There are junk vehicles fenced in the yard, at least 2. He cannot verify all the parts. Noise is one of the reasons for the complaint. The sign that was up advertising the business was taken down in mid-July.
Barabara Hauseman, who lives at 306 5th Avenue, was the next witness. Ms. Hauseman spoke of dogs that were barking all the time, loud noises and a boombox playing until 10 or 11 at night. The noise level has gotten better in the last week; however, it could be noisy at any time of day. Ms. Hauseman also spoke of the business that is being run in a residential area; she does not believe there is a business license. There is lots of clutter. It has not inhibited her much, but she cannot sit on her back porch and enjoy the evening with her dog like she used too. She verified there has more than one camper for more than two weeks.
Mr. Russell asked Ms. Hauseman how many dogs there were; she thought there were at least 2; Mr. Johnson thought there were 5. Mr. Russell also confirmed that Scaneman and Leoni had not filed the proper paper work with the state.
Dennis Tubb made a motion the approve the following resolution with the correct address of the property that Mr. Russell amended and Brent White seconded the motion:
RESOLUTION NO. 2023 – 08 – 15 – 2023
RESOLUTION FINDING VIOLATION OF EDGEMONT
CITY ORDINANCES, DECLARATION OF PUBLIC NUSIANCE
AND PENALTIES THEREFORE
WHEREAS, The City of Edgemont, Fall River County, South Dakota, adopted Ordinance 2012 Entitled “An Ordinance in revision of the Ordinances of the City of Edgemont, South Dakota.” That Ordinance included the following Ordinances: Ordinance 29.04.04.00(2)(b); Ordinance 12.02.01; Ordinance 14.03.03 and 14.04.00; Nuisance Ordinance 21.01.10(3)(g); Nuisance Ordinance 29.04.06.2; Ordinance 29.04.10: Residential Customary Home Occupation; and Ordinance 17.01.00: Illegal Not to Have License for Business;
WHEREAS, the Edgemont City Council adopted Ordinance 2018-07-17-2 Amending Chapter 14 of the Edgemont Code of Ordinances relating to water and sewer on August 7, 2018;
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni have resided at 304 5th Avenue, Edgemont, South Dakota, for months, and said residence has provided City Water to mobile campers that have not been connected to the City of Edgemont’s water and sanitation services in excess of two weeks and in excess of one camper on your property in the above Ordinances of the City of Edgemont;
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni has failed to remove dismantled motor vehicles, motor vehicle bodies, tires, or disassembled parts there, and/or disassembled bicycles and bicycle parts, and/or other mechanical machines or motors or parts thereof, and stored, collected, piled or kept on the property in question, and not kept inside a building or otherwise appropriately covered to screen such items from view, creating a state of the property that annoys, injures, or endangers the comfort, repose, health and safety of others and the community;
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni has failed to remove a fence in excess of three and one-half (3 ½) feet which materially impedes vision across your front yard.
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni have permitted home occupations in a residential area of the City Zoning Ordinance by running a car and motorized vehicle repair shop business in a residential district.
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni have run a car and motorized vehicle repair shop business in a residential district of Edgemont without a license from the South Dakota Department of Revenue.
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni’s residence was in violation of said Ordinances on or before July 13, 2023, and therefore, has been in continuing violation of Edgemont Ordinance 21.03.00.2 and 01.04.00.6, and subject to a fine of not exceeding $500.00 per day of violation; and
WHEREAS, the Edgemont City Council finds that Dustin Schaneman and/or Nicole Leoni have resided at 302 and 304 5th Avenue, Edgemont, South Dakota, and said properties and/or residences have been in violation of Edgemont Ordinances 29.04.04.00(2)(b); 12.02.01; 14.03.03 and 14.04.00; Nuisance Ordinance 21.01.10(3)(g); Nuisance Ordinance 29.04.06.2; Ordinance 29.04.10; and Ordinance 17.01.00, and therefore, finds and declares the properties and/or residence structures at 302 and 304 5th Avenue, Edgemont, Fall River County, South Dakota, a public nuisance and a menace to the public welfare, comfort, and safety and health of the community; and/or annoys, injures, or endangers the comfort repose health, or safety of others in the neighborhood and community.
NOW THEREFORE, BE IT RESOLVED that the City of Edgemont, pursuant to the above-referenced Edgemont City Ordinances, SDCL Chapters 9-29 and 21-10, hereby finds that Dustin Schaneman and/or Nicole Leoni of 302 and 304 5th Avenue, Edgemont, Fall River County, South Dakota are in violation of said Edgemont City Ordinances and South Dakota Codified Laws for the said property and/or residential structures, with the legal description of:
Lots 2 and 3, in Block 10, Birdsell Addition to the Town, now City, of Edgemont, Fall River County, South Dakota.
BE IT FURTHER RESOLVED, that the City of Edgemont, finding that Dustin Schaneman and/or Nicole Leoni’s property and/or residence has been caused harm to the neighborhood and entire community, and it therefore, pursuant to Ordinance 01.04.00.6, is hereby fined $500.00.
BE IT FURTHER RESOLVED, that the City of Edgemont, finding that Dustin Schaneman and/or Nicole Leoni ‘s residence has been in violation of said Ordinances, the above-described properties and residential structures are hereby declared a public nuisance, and the City Crew is hereby authorized to abate the public nuisances, and the City Finance Officer is directed to tally the costs associated with abatement by the City Employees and tax the costs thereof by assessment against the real property by certifying said costs to Fall River County as provided by statute pursuant to SDCL Chapters 9-29 and 21-10, and specifically, SDCL 21-10-6.
BE IT FURTHER RESOLVED, that the City of Edgemont, finding that Dustin Schaneman and/or Nicole Leoni ‘s residence has been in violation of said Ordinances, the above-described properties and residential structures are hereby declared a public nuisance, and the City Attorney is hereby authorized to prosecute any legal action necessary to abate the public nuisance pursuant to SDCL Chapters 9-29 and 21-10.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Edgemont to be affixed this 15th day of August, 2023.
EDGEMONT COMMON COUNCIL
Edgemont, South Dakota
/s/Rheta Reagan, Mayor
ATTEST:
/s/Aaron Eberle, Finance Officer
With Rolla and White voting no, all others voting yes, by roll call vote, motion carried.
EXECUTIVE SESSION: David Levey made a motion to enter into executive session as per SDCL 1-25-2 (1) personnel purposes at 8:41 p.m. Motion was seconded by David Levey. Motion passed by unanimous vote.
Metting resumed at 9:02 p.m.
ADJOURNMENT: David Levey made a motion to adjourn at 9:03 p.m. Motion was seconded by Jarrell Rola. Motion carried with unanimous vote.
The next regular City Council meeting will be held September 5, 2023 at 7:00 p.m.
MINUTES UNAPPROVED
ATTEST:
/s/ Rheta Reagan
Rheta Reagan, Mayor
ATTEST:
/s/ Aaron Eberle
Aaron Eberle, Finance Officer
Published once at the total approximate cost of $168.30
and can be viewed free of charge at www.sdpublicnotices.com
Published: Aug. 31, 2023