Proceedings

UNOFFICIAL MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF HOT SPRINGS
November 6, 2023
A regular meeting of the City Council of the City of Hot Springs, South Dakota, was convened on November 6, 2023 at 7:00 p.m. at the Mueller Civic Center with Mayor Bob Nelson presiding
Members Present: Hal Glanville, JR Huddleston, Debra Johnston, Bill Lukens, Malisa Niles, Travis Orback, Larry Pratt, and Linda Varvel
Staff Present: City Engineer Tracy Bastian, Development Coordinator Scott Sogge, Finance Officer Misty Summers-Walton, Asst. Finance Officer Aerial Bochmann, and MCC Staff Karl Bochert
ALL ACTIONS RECORDED IN THESE MINUTES WERE UNANIMOUS UNLESS OTHERWISE STATED
Agenda: Mayor Nelson requested to amend the agenda removing personnel item i and reducing the current claims by -$11.37, removing sales tax from Wilson Electric claim pg. 8. Moved by Huddleston, seconded by Varvel, to approve the amended agenda
Minutes: Moved by Varvel, seconded by Johnston, to approve the minutes from the 10/16/23 regular council meeting
Claims: Moved by Johnston, seconded by Lukens, to approve the bills in between of $282,793.96
BILLS IN BETWEEN: 11/06/2023: City of Hot Springs, $27,908.40, General Payroll; City of Hot Springs, $10,636.22, Golf Payroll; City of Hot Springs, $13,814.59, Water Payroll City of Hot Springs, $3,905.49, Sewer Payroll; City of Hot Springs, $15,283.33, Evans Plunge Payroll; City of Hot Springs, $20,366.43, 941 Payroll Tax Deductions; City of Hot Springs, $25,801.96, General Payroll; City of Hot Springs, $9,568.48, Golf Payroll; City of Hot Springs, $11,205.17, Water Payroll; City of Hot Springs, $4,073.67, Sewer Payroll; City of Hot Springs, $14,422.76, Evans Plunge Payroll City of Hot Springs, $18,179.39, 941 Payroll Tax Deductions; City of Hot Springs, $426.10, Sewer Payroll Leave Payout; City of Hot Springs, $79.95, 941 payroll Tax deductions leave Payout; City of Hot Springs, $2,685.19, Council Payroll; City of Hot Springs, $759.62, Council 941 Payroll Tax Deduction; Wellmark BC/BS, $26,676.35, Premium; AFLAC, $1,623.32, Premium; Avesis, $271.71, Premium; Delta Dental, $1,144.68, Premium; Dearborn National Life, $116.00, Premium; SDRS, $19,093.56, Retirement Reporting; SDRS Supplemental, $320.00, Happe, Summers-Walton, Bochmann Retirement Reporting; Credit Collection Bureau, $468.28, Garnishment; SD Office of Child Support Enforcement, $1,298.00, Garnishment; ND Office of Child Support Enforcement, $300.00, Garnishment; US Bank , $47,726.62, Drinking Water/Clean Water SRF Loan Payment; Lightspeed, $1,599.92, Monthly Software & Marketing; Heartland Payment Systems, $1,448.35, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $995.58, City/Water Monthly Credit Card Processing Fee; Multi Service Aviation, $594.84, Monthly Processing Fees; Water Deposit Refund; TOTAL: $282,793.96,
Moved by Huddleston, seconded by Varvel, to approve the amended current claims of $228,920.09
CURRENT CLAIMS: 11/06/2023: A & B Welding Supply, $171.68
Ace Hardware, $1,700.00; Aerial Bochmann, $118.73; Alsco, $227.15; American Engineering Testing, $2,179.25; Belle Valley Irrigation Llc, $2,088.24; Billy or Paula Morrow, $200.00; Black Hills Chemical, $122.67; Bomgaars Supply, $2,461.62; Brosz Engineering Inc, $6,667.50; Builders Firstsource, $295.52; Butler Machinery Co, $101.57; Capfirst Equipment Finance, $70,000.00; Chamber Of Commerce, $13,188.64; Claims Associates, Inc, $150.00; Complete Hvac Service, $1,019.62; Construction Services, $4,750.01; Cwd, $1,421.29; Dakota Asphalt, $58,989.50; Dakota Pump & Control Inc, $482.75; Ecolab Pest Elim, $347.64; Fall River Auto, $261.61; Fall River County Herald Star, $505.06; Fisher Beverage, $154.00; Garland Lee  Goff, $3,022.00; Grainger, $834.76; Hawkins, Inc, $660.00; Hillyard/Sioux Falls, $615.95; Ingram Library Services, $1,885.79; J.P. Cooke Co, $74.75; Jasper Engineering & Equip, $2,773.00; Klj Engineering Llc, $2,083.18; Kurt Seegrist, $200.00; Lighting Maintenance,Contracts, $748.24; M. G. Oil Company, $7,860.00; Menards, $16.84; Nicholas Towing, $331.00; Northwest Pipe, $9,778.59; Pepsi, $310.17; Prarie Supply, $1,205.92; S. D. Dept Of Transportation, $263.53; Sander Sanitation Services, $19,713.19; Servall, $301.35; Simon North Region Sd, $4,184.52; Sonnys, $62.43; South Dakota 811, $45.92; Staples, $90.88; Sturdevants Auto Parts, $421.72; The Cit Group, $1,600.24; Verizonwireless, $845.64; Wilson Electric Llc, $278.72; Wt Martin Services, $1,107.71; TOTAL: $228,920.09
Move by Varvel, seconded by Lukens, to approve the Wells Fargo credit card claims of $7,783.67
WELLS FARGO CREDIT CARD CLAIMS: 11/06/2023:
Stamps- Postage.\, Stamps- Service Charges, $479.99; Airnav- Annual Listing Airnav, Amazon- Ledger Books, Zoro- 2X Manual Motor Starter, Galc0- 5 Dual Element Fuses (2.60 Recieveable), Control Central- Alternating Relay, Amazon- Printer Ink Black, $1,162.80; Amazon- Award Metals, State Of Sd Health- Annual Renewal Of Sd Health License    , Sams- Vinegar, Swimoutlet- 96 Pairs Goggles, Dollar General- Vinegar & Dist Water, Dollar General- Wall Clock, Dollar General- Laundry Soap, Foil, Crushed Red Pepper, Amazon- Backup Light Batteries, Amazon- Batteries For Emergency & Exit Lights, Amazon- Led Emergency Lights, $1,118.02; Zoom- 9/21-10/20 Monthly Acc, Zoom-10/21-11/20 Monthly Acc, Prariesupply- Chop Saw, Amazon- Headset, Amazon- 2 Jeans Adam B, Amazon- 2 Jeans Lori S, Amazon- Phone Case, $1,875.50; Amazon- Book, Amazon- 11 Dvds, Amazon- 8 Books, Amazon- 1 Book 3 Dvd, Amazon- Pump, Balloons, Glue, Containers, Amazon- Contact Solution, Amazon- Windsor Vacuum, $1,756.66; Safelife Defense- Belt System, Zero 9 Holsters- Radio Case, Flashlight Case, 2 Handcuff Case, Mag Case, Safariland- Holster Adapter, Galls- Tq Case, Amazon- 5 Wtr Proof Boot Covers, 6X Wtr Proof Gloves, 6X Glove Liners, 5X Winter Face Mask, 2 Winter Beanie, Canva- Business Cards Wendland, Knights In Winner Sd- Hotel Lexyjo D Training, $1,390.70; TOTAL: $7,783.67
Public Hearing: At 7:10 p.m. Mayor Nelson opened the public hearing on the proposed amendment to Chapter 155 Zoning Code, creating a Planned Unit Development numbered §155.032 (F)(2) Titled PUD #2 Martin Tracts to the current list of City of Hot Springs Zoning Districts and amending the COHS Zoning Map. Public comments heard by Deb Mangold, Director-Boulder Falls Property Owners Association offering “tremendous support” and citing three issues specifically discussed and agreed; property will stay in association, architectural committee will be advised & no opposition to proposed set-backs. Councilwoman Johnson asked about project timeline, property owner, Chuck Martin said plan is to break ground on first duplex in March/April to use as a model home, then if presales are good, develop the 5 duplexes in the lower part, then the 5 in the upper part. Johnston asked and Martin confirmed landscaping is included. Councilman Pratt said, “everything planned is on the maps”. Johnston asked about paving gravel portion of Mockingbird, Martin confirmed his plans include paving that portion of the road. Johnston thanked Martin for a beautiful plan and she is looking forward to it. Councilman Lukens also shared appreciation for the development plan and for working with the HOA. Mayor Nelson, reiterated the comment made by P&Z Chair Don Olstad where he stated he has never seen such a comprehensive set of plans, he thanked Martin for the “big print” plans and questioned who would be responsible for care & maintenance of the garden area, Martin said HOA will assume responsibility once property is transferred. Mayor Nelson thanked City Employees Scott & Tracy and P&Z members James & Don for working together to approve development. Hearing no further comments from the public or Council, Mayor Nelson closed the public hearing at 7:18 p.m. At that time Public Works Engineer Tracy Bastian spoke of his review of the plans, stating he paid special attention to storm drainage, he remarked on the thorough set of plans indicating they have his stamp of approval
Council Updates: Public Works Engineer Tracy Bastain provided the following construction updates; October has been a month of progress, pleased to note city’s part of replacing water valves along Jensen Hwy is complete which will free up Water Department employees to do other things. The utility part of the project going north along N. River St. started 10/16. Every Tuesday at 9am there are construction meetings held at the American Legion which are open to the public. Concrete is being poured throughout the route with many areas being opened back up in the next month. The suspended sidewalk project is in progress and a special saw has arrived to cut the current railings.
Doug Wessel from Brosz Engineering briefly reviewed the 2023 Bridge Inspection Report which was included in the council and public packets. The Minnekahta Ave. Bridge (structure # 24-290-029) was inspected and is being inspected annually due to its poor condition and advanced deterioration. He indicated Council has been very proactive in efforts to replace this bridge and reminded them that in March of 2023 we were awarded a BIG replacement grant for this structure. The estimated $2.1 million dollar grant covers 80% of all eligible costs, the estimated City “all in” costs are $588K. Plans include bid letting in July/August of 2024 with construction in 2025. Comments and questions were heard from FO Walton, Mayor Nelson and Councilwoman Johnston
Personnel: Moved by Huddleston, seconded by Pratt, to approve personnel items (a-l) removing i-Jackie Waldner; Pete Miles, FT Water Maintenance Operator, longevity increase $21.43/hr. effective 11/2/23, Misty Summers-Walton, FT Finance Officer, longevity increase $32.33/hr. effective 11/3/23, Bart Sieg, FT Class III Maintenance Operator, longevity increase $22.04/hr. effective 11/15/23, Aerial Bochmann, FT Assistant Finance Officer, 2nd step $17.00/hr. effective 11/28/23, Delford Roth, EPMS PT Front Desk, $11.30/hr. effective 10/23/23, Greyden Vandewater, PT EPMS Front Desk, $11.05/hr. effective 11/3/23, Schuyler Wetzel, PT Clubhouse Attendant, last day 10/25/23, Sarah Thompson, PT Clubhouse Attendant, last day 10/25/2023, Simon Waldner, PT Clubhouse Attendant, last day 08/25/23, Scott Shannon, PT Clubhouse Attendant, last day 09/23/23, Ron Foster, PT Cart Maintenance & Driving Range Operator, last day 10/25/23  
Ordinances: Moved by Huddleston, seconded by Pratt, to approve the first reading of ordinance 1251- An Ordinance revising Title XV Land Usage Chapter 155 Zoning Code adding §155.032 (F)(2) PUD #2 Martin Tracts. A roll call vote was taken with all members voting in favor
Moved by Lukens, seconded by Pratt, to approve the second reading of Ordinance 1249-An Ordinance revising Title V Public Works, Chapter 51 Water; §51.02 Application for Water Service, §51.03 Service Sizes, Materials and Installation, §51.04 Service Line Connections; Termination, §51.05 Water Meters, §51.06 Service Line Installation, §51.08 Water Rates and Billing, §51.09 After Hours Service Calls, §51.12 Private and Public Fire Protection and §51.99 Penalty. A roll call vote was taken with all members voting in favor
Ordinance 1249
AN ORDINANCE REVISING TITLE V PUBLIC WORKS, CHAPTER 51 WATER; §51.02 APPLICATION FOR WATER SERVICE, §51.03 SERVICE SIZES, MATERIALS AND INSTALLATION, §51.04 SERVICE LINE CONNECTIONS; TERMINATION, §51.05 WATER METERS, §51.06 SERVICE LINE INSTALLATION, §51.08 WATER RATES AND BILLING, §51.09 AFTER HOURS SERVICE CALLS, §51.12 PRIVATE AND PUBLIC FIRE PROTECTION and §51.99 PENALTY
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 Water within the City; and
WHEREAS, the City of Hot Springs, with the recommendation of the Public Works and Admin Finance Committees have identified the need to amend the existing ordinance:
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title V Public Works, Chapter 51 Water; §51.02 Application for Water Service, §51.03 Service Sizes, Materials and Installation, §51.04 Service Line Connections; Termination, §51.05 Water Meters, §51.06 Service Line Installation, §51.08 Water Rates and Billing, §51.09 After Hours Service Calls, §51.12 Private and Public Fire Protection and §51.99 Penalty; be revised as follows:
§ 51.02 APPLICATION FOR WATER SERVICE.
      (B)   Connection fees.
(1) Said application must be made at least five working days before the work is commenced. A permit shall be issued after the application has been approved by the City Building Official or Public Works Engineer and the payment of the Water Tap Connection fee, which is set by Council and subject to change
(2) Such fees are to be paid at the time of application. For users out of the city, the Water Tap Connection fees shall be two times the fees specified.
§ 51.03 SERVICE SIZES, MATERIALS AND INSTALLATION.
   (D)   New services connected to existing municipal stub-outs. In addition to all other fees paid for a new water service connection, those new services that connect to a municipally installed service line stub-out to the property will pay a Water Connection to a Municipal Stub Out fee, which is set by Council and subject to change. For users out of the city, the fee shall be two times the specified fee.
§ 51.04 SERVICE LINE CONNECTIONS; TERMINATION.
   (C)   Water service line materials.
(4)   Water service apparatus
    (e)   Meter pits. In new construction where meter pits are used, meter pits shall be of the PVC coil-type with backflow prevention and installed to a depth of not less than six feet below finished or final grade. The owner is responsible for meter pit assembly and any check valve, pressure reducer or other fitting and any subsequent maintenance and/or repair.
§ 51.05 WATER METERS.
   (B)   Meter location and accessibility.
    (4)   If the owner or water user refuses to grant access to any water meter or refuses to keep free access to said water meter for the purpose of reading, inspecting or repairing by the city, the water service shall be shut off from such property and not turned on again until such violations have been corrected and a Disconnect and Reconnect fee, set by Council and subject to change, is paid.
   (E) Meter Responsibility. The City provides the initial meter and is only responsible for the meter and meter yoke, but not responsible for service lines in or out when there is a point of shut off before the meter.
   (F) Frozen/Damaged Meters.
(1) City will assist with thawing frozen meters once per season, if necessary. Repeat calls for service will be charged a Call Out fee set by Council from time to time.
(2) The customer is responsible for all damage to the meter caused by repeated freezing, tampering, or other mistreatment.
§ 51.06 SERVICE LINE INSTALLATION.
   (B)   Service line responsibility. City responsibility ends at the first point of shut off i.e. curb stop, angle valve, or gate valve with the following exceptions:
      (1)   Where there is no curb stop or shut-off device between the corporation stop and the structure in question, the city’s responsibility shall end at the property line.
      (2) Where there is a curb stop or gate valve that functions as first point of shut off, the City is not responsible for service line materials from that point, with the exception of the meter yoke assembly.
§ 51.08 WATER RATES AND BILLING.
   (A)   Generally. Water rates for resident family dwellings and commercial users shall be set by either resolution or ordinance by the City Council. There shall be a minimum monthly demand charge for water for all users based on the size of the meter which shall include the first 1,000 gallons of water used, plus a standard rate fee per 1,000 gallons of water used over the first 1,000 gallons. City Council shall adopt and revise by resolution a fee schedule for Metered and Flat Rate water.
   (C)   Water rate for out of the City, and other exceptions.
      (1)   The water rates of users out of the City shall be calculated as follows.
             (a)   A out of the City user having only one separate service with one meter shall pay two times the minimum monthly fee, and two times the standard water rate over 1,000 gallons for resident users.
             (b)   A out of the City user having more than one separate service with one meter shall pay two times the minimum monthly fee for each service had each service been metered individually, and two times the standard water rate over 1,000 gallons for resident users.
             (d)   Hydrant meter rate shall be set by Council and subject to change.
      (2)   Water fill station users: the rates for the water fill station shall be set by Council and subject to change.
      (3)   Pool filling: the rate to fill a residential or commercial pool is set by Council and subject to change, and allowed one time per year. Additional fillings shall be at two times the standard cost.
      (4)   Seasonal water users: a regular water account holder can be out of service for more than 90 days without being charged the Disconnect or Reconnect fee upon getting into service again. If the time out of service is less than 90 days the Reconnect fee will apply.
   (D)   Billing upon estimate.
      (2)   The proper adjustment will be made when the meter reading is obtained. In no case will any bill be estimated more than one billing period. If any meter reading is not obtained at the end of any such billing period, the water will be turned off ten days after notice in writing has been mailed to the last known address of the person charged for water use, or by leaving notice by door card at the address of the consumer account that such water service will be shut off within 48 hours until such meter reading is obtained, and the water shall not be turned on again until the Disconnect fee is paid for turning water service off and the Reconnect fee paid for turning the water service on.
   (F)   Application for water account; credit requirements of water users.
      (2)   The city shall have the right at any time to require the water user to make a reasonable deposit or to give a reasonable safe guarantee to secure payment of its bills for water service, conforming to the laws of the state.
         (a)   The deposit amount will be set by Council and subject to change. Such deposit shall be credited to the customer account after one year provided the account has not been late or delinquent in that time. For accounts where direct payment from the applicant’s financial institution has been approved, security deposits shall be reduced.
         (b)  Hydrant Meter deposit will be set by Council and subject to change.
   (G)   Bills and payments.
      (6)   Delinquent bills.
         (a)   All municipal utility users whose bills are delinquent shall be subject to a monthly late fee set by Council and subject to change
         (c)   Where water service has been disconnected due to delinquency, a Disconnect fee and Reconnect fee shall be charged.
§ 51.09 AFTER HOURS SERVICE CALLS.
   (A)   There shall be charged in addition to any other authorized charge, the After Hours Call Out fee will be charged to any account owner who requests the City to make water calls, other than during regular working hours, including Sundays and holidays (does not apply to emergencies).
§ 51.12 PRIVATE AND PUBLIC FIRE PROTECTION.
(A) Private fire protection systems.
(3) Rates for private fire protection systems are set by Council and subject to change

§ 51.99 PENALTY.
   (B)   Following a hearing on the notice of termination, if it appears that there is no bona fide or just dispute concerning the reason for termination, a notice of shut-off will be provided to the user. The notice of shut-off shall state the time and date the shut-off will be made. Once the shut-off is made, the City will charge the applicable Disconnect and Reconnect fees.
   (C)   In addition to, or in the alternative to, the provisions above, any person, firm or corporation violating any of the provisions of this chapter shall also be subject to any remedy or injunction as allowed by law. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable with a fine not to exceed the amount established by SDCL §§ 22-6-2(2) and 9-19-3    
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 6th day of November 2023,
APPROVED:
Bob Nelson, Mayor
ATTEST:
Misty Summers-Walton, Finance Officer
First reading: 10/16/2023
Second reading: 11/6/2023
Published: 11/16/2023
Effective: 12/6/2023
Moved by Varvel, seconded by Johnston, to approve the second reading of ordinance 1250-An Ordinance revising Title V Public Works, Chapter 52 Wastewater and Storm Sewer; §52.03 Private Wastewater Disposal (Septic Systems), §52.04 Sanitary Sewer, Connections and Fees, §52.08 Use Of Public Sewers, §52.10 Fees and Collection, §52.11 Bills and Payments, §52.13 Termination, Remedies and §52.99 Penalty. A roll call vote was taken with all members voting in favor
Ordinance 1250
AN ORDINANCE REVISING TITLE V PUBLIC WORKS, CHAPTER 52 WASTEWATER AND STORM SEWER; §52.03 PRIVATE WASTEWATER DISPOSAL (SEPTIC SYSTEMS), §52.04 SANITARY SEWER, CONNECTIONS AND FEES, §52.08 USE OF PUBLIC SEWERS, §52.10 FEES AND COLLECTION, §52.11 BILLS AND PAYMENTS, §52.13 TERMINATION, REMEDIES and §52.99 PENALTY
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 Wastewater and Storm Sewers within the City; and
WHEREAS, the City of Hot Springs, with the recommendations of the Public Works and Admin Finance Committees, have identified the need to amend the existing ordinance:
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title V Public Works, Chapter 52 Wastewater and Storm Sewer; §52.03 Private Wastewater Disposal (Septic Systems), §52.04 Sanitary Sewer, Connections and Fees, §52.08 Use of Public Sewers, §52.10 Fees and Collection, §52.11 Bills and Payments, §52.13 Termination, Remedies and §52.99 Penalty; be revised as follows:
§ 52.03 PRIVATE WASTEWATER DISPOSAL (SEPTIC SYSTEMS).
(A)   Construction; regulation of private wastewater disposal system.
      (2)   Before commencement of construction of a private wastewater disposal system, the owner(s) shall:
         (c)   A Septic System Permit and Inspection fee set by Council and subject to change, shall be paid to the city upon approval of the private wastewater application. Where construction of a private wastewater disposal system has commenced without a permit the fee shall be multiplied by a factor of four.    
§ 52.04 SANITARY SEWERS, CONNECTIONS AND FEES.
(C)   Sewer tap fees.
      (1)   Residential and commercial tap fees.
         (a)   For all residential sewer taps there shall be a Residential Connection fee set by Council and subject to change
         (b)   For commercial and industrial sewer services entering the municipal sewer main via a manhole, there shall be a Commercial Connection fee set by Council and subject to change. Users outside of the City will be charged two times the fee.
      (2)   In addition to all other fees paid for a new sewer service connection, those new services that connect to a municipally installed service line stub-out to the property line will pay a Connection to Municipal Stub Out fee which will be set by Council and subject to change. Users outside of the City will be charged two times the fee.
(E)   Sewer mains and service line responsibility.
      (3)   If any person shall fail to promptly repair any leaky, clogged or inadequate wastewater service line, or if any person shall fail to promptly and properly empty or repair any septic tank, after receiving official notification by the city to do so, the supply of city water may be immediately shut off from the premises of all water users on that line, and shall remain off until the necessary repairs have been made. The city shall not be liable for any damage resulting from the shutting off of the water, and no deductions shall be allowed from regular water rates during the period that the water is shut off. The water supply shall not again be turned on to the premises until all work ordered by the city has been satisfactorily completed and a Disconnect and Reconnect Fee, set by Council and subject to change, paid for turning the water off and on. In addition, the City may cause the said service pipe to be repaired and assess the actual cost of the repair to the property.
§ 52.08 USE OF PUBLIC SEWERS.
   (C)   Violations.
      (1)   Waters or wastes that are discharged, or are proposed to be discharged to the public sewers, which contain any of the substances or possess the characteristics enumerated in division (B) above, and which in the judgment of the City Public Works Engineer, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Public Works Engineer may:
         (a)   Reject the wastes;
         (b)   Require pretreatment and screening to an acceptable condition for discharge to the public sewers;
   (F) Guidelines for Commercial Sewage Dumping
(1)    Permit Fee. An Annual Dumping Permit will be required of all commercial wastewater haulers wishing to dump at the site. A permit can be attained by a formal application and payment of the Dumping Permit Fee, which will be set by Council and subject to change. This permit is for a period of January 1st through December 31st. This Permit can be revoked if contractor fails to follow the guidelines set forth
(2) Dumping Rates. There shall be a Base Dumping Rate for the first 1,000 gallons, and an Additional Rate charged for each 1,000 gallons over base, which shall be set by Council and subject to change
(3) Commercial sewage dumping hours. Commercial sewage dumping must be coordinated in advance and may only occur between the hours of 7am-3:30pm, Monday through Friday. No dumping will occur on Saturdays, Sundays, Holidays or any other leave days authorized by the City
(4) Rules. An accurate and complete log of all dumps is required. Failure to accurately report will result in suspension or termination of dumping privileges
(5) Spillage. A Spillage/Garbage Fee shall be applied to any contractor who is found to have spilled anywhere at the dump site, or dumped garbage into the system. The Spillage/Garbage Fee shall be set the Council, and subject to change. Should spill/garbage result in drainage into any storm sewer drain, the contractor will also be billed the cost of a Sanitary Sewer Overflow test, as required by the State
§ 52.10 FEES AND COLLECTION.
   (C)   Rate schedule
(1)   Residential users are considered to be one class of user. For the purpose of this chapter, a RESIDENTIAL USER shall be deemed to be and mean any single independent family, and irrespective of whether living in a one-family residence, mobile home or any other type of residence, if such residence is served by an independent connection to the municipal sewer system of the city. The City Council shall adopt and revise by resolution a fee schedule for Residential Sewer charges.
(2)   Multiple-family residence and mobile home parks are considered to be one class of user. For the purpose of this chapter, a multiple-family residence shall include duplexes, four-plexes, apartment buildings and any structure or series of structures that contain multiple residential units that collectively discharge their domestic waste into a single. independent connection to the municipal sewer system of the city. For the purposes of this chapter, a mobile home park is two or more mobile homes that collectively discharge their domestic waste into a single, independent connection to the municipal sewer system.
             (a)   City Council shall adopt and revise by resolution a fee schedule for Multi-Family Users.             (b)   For the purpose of this chapter, fees will be based on 90% of the number of apartments or mobile home spaces regardless of occupancy.
          (3)   City Council shall adopt and revise by resolution a fee schedule for Commercial users of the municipal wastewater system that originate within the corporate boundaries of the City          (6)   The wastewater service charge for all commercial waste haulers is set by Council and subject to change.
   (D)   After hours service calls.
      (1)   A After Hours Call Out fee shall be made for any call requests at any time for service requiring more than an ordinary inspection. The fee will be set by Council and subject to change. All such charges are to be added to the appropriate sewer bill.
§ 52.11 BILLS AND PAYMENTS.
   (A)   Billing.
      (6)   All municipal utility users whose bills are delinquent will be subject to a Late fee on unpaid accounts, plus a Reconnect fee to reconnect a water service disconnected for nonpayment of the bill. The fees are set by Council and subject to change.
§ 52.13 TERMINATION, REMEDIES.
   (C)   Following a hearing on the notice of termination, if it appears that there is no bona fide or just dispute concerning the reason for termination, a notice of shut-off will be provided to the user. The notice of shut-off shall state the time and date the shut-off will be made. Once the shut-off is made, the user shall be charged the Reconnect and Disconnect fees
§ 52.99 PENALTY.
In addition to, or in the alternative to, the provisions of this chapter, any person, firm or corporation violating any of the provisions of this chapter shall also be subject to any remedy or injunction as allowed by law. Each day such violation is committed or permitted to continue shall constitute a separate offense with a fine not to exceed the amount established by SDCL §§ 22-6-2(2) and 9-19-3
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 6th day of November 2023,
APPROVED:
Bob Nelson, Mayor
ATTEST:
Misty Summers-Walton, Finance Officer
First reading: 10/16/2023
Second reading: 11/6/2023
Published: 11/16/2023
Effective: 12/6/2023
New Business: Moved by Johnston, seconded by Varvel, to approve the following 2024 liquor and retail wine license renewal applications; American Legion Post #71, Big Time Pizza, Buffalo Dreamer Restaurant LLC, BW Gas & Convenience Retail LLC DBA Yesway #1177, CS Inc. DBA Winner’s Circle, Dakotamart Inc. DBA Lynn’s Dakotamart, Dolgen Midwest LLC DBA Dollar General Store #18181, Family Dollar Stores of SD LLC #27126, Frankie’s Place LLC, Frog Project LLC DBA The Space, Hanging J LLC DBA Red Rock River Resort, HSPLOFT Properties LLC, Misty River Tavern LLC, Sonny’s Super Foods, Southern Hills Golf Course, Southern Hills Mercantile LLC, Springs Hotel LLC DBA Springs Coffee Kiosk, Springs Restaurant, Stanwel LLC DBA Art House, The Kitchen Ink LLC and Woolly’s Western Grill
Moved by Lukens, seconded by Niles, to set a public hearing on 11/20/23 at 7:10 p.m. on the transfer application from Woolly’s Western Grill to Jalapeno Grill LLC for an On-Sale Liquor License to be used at 1648 Highway 18 By Pass
Moved by Lukens, seconded by Johnston, to approve and accept plan to assist HS Areas Pickleball Club with the costs ($10,100) associated with repairs of the Butler Park tennis/pickleball courts to be funded by parks-improvement other than bldgs. budget authority previously budgeted for stair repairs
Moved by Varvel, seconded by Lukens, to approve an automatic budget supplement of $21,864 to the Liquor Lodging & Dining-Building Repairs and Maintenance (211-21100-42520) for the Depot Roof replacement. Revenue received from SDPAA claim #GC2021107374
Moved by Lukens, seconded by Huddleston, to approve the transfer of the following property to the General Fund-Parks Department (101): Ryan Ga30 Aerator #1792 and Ryan Ga Aerator #1060 from the Golf Course Fund (620)
Moved by Varvel, seconded by Pratt, to approve and accept the offer of $515 from Kristine Colburn for the 2023 SHGC pine and cedar firewood pile
Moved by Huddleston, seconded by Pratt, to approve the travel/ training request from Finance Officer Misty Summers-Walton and Asst. Finance Officer Aerial Bochmann to attend the BHAFOA meeting in Belle Fourche, SD on 12/6/23
Moved by Lukens, seconded by Huddleston, to approve the travel/training request from Police Officer Matthew Wendland to attend the 13-Week Law Enforcement Certification class in Pierre, SD from 11/27/23 – 3/1/24-NOTE-Officer is 3rd on wait list for 11/27 class, dropouts expected
Committee Reports: Committee reports were heard by; Administrative and Finance: JR Huddleston-w/ww operating xfers-11/20 agenda, continuing discussions to sell 4.14+/- acres adjacent to Simon quarry near Evergreen Cemetery and 7+/- acres in Hot Brook Canyon, removed 100+/- acres near water pumping station as RMEF is not interested in purchase, proposed personnel and safety policy changes-info only 11/20 council packets for review, discussed balance in 501 fund, estimates needed for remaining 2023 sidewalk expenses to determine SDDOT draw, Next mtg. 12/4, 1 p.m. at MCC. Airport Advisory Committee: Bill Lukens-t-hangar-concrete complete, grading in progress steel erection & electricity pending, after review of input from insurer, no longer considering proposal for showers at airport, considering inclement weather shelters and AWOS 3, capital improvement plan will be reviewed in January-Next mtg. 12/7 8:30 a.m. at Airport. Custer/Fall River Regional Waste Management District: Travis Orback-Next mtg. changed to 11/8, 7 p.m. at FRC South Annex Bldg. Historic Preservation Commission: Debra Johnston-Next mtg. 12/6, 5 p.m. at MCC. Evans Plunge Advisory Committee: Linda Varvel-Next mtg. 11/9, Noon at EPMS. Parks, Recreation, Beautification & Cultural Development: Linda Varvel-MCC metal roof replacement contractors still not on site, Connor Sheldon all-inclusive memorial playground fundraising efforts shared with group, discussed placing a point of interest sign for Seven Sisters Range-historical society looking into accurate history-Next mtg. 12/6, 2 p.m. at MCC. Planning & Zoning Commission: Debra Johnston-Next mtg. 11/15, 7 p.m. at CH. Public Safety: Bill Lukens-July hail storm totaled 2 older PD vehicles but still considered fully functional, continued talking about background checks, non-conclusive discussion on feral cats, and family daycare licensing compliance-Next mtg. 12/7, 2 p.m. at MCC. Public Works: Bill Lukens-will not stain sidewalk transition areas-Next mtg. 11/14, 1 p.m. at MCC. Southern Hills Golf Course Advisory Committee: Bob Nelson-Next mtg. 11/13, 5 p.m. at SHGC. The public is welcome to attend committee meetings
Finance Officer Report: Reviewed financial reports, 1/1/24 state minimum wage increasing .40¢ to $11.20. End of year appropriations and budget controls discussed. 602 water and 604 wastewater budgeted operating transfers will be on 11/20 council agenda for approval. Welcoming new city administrator this month. Administrative leave days granted by Governor for 11/24 and 12/26
Executive Session: Moved by Huddleston, seconded by Pratt, to go into executive session under SDCL§1-25-2 (3) Legal at 8:18 p.m. Present were Mayor Nelson, Finance Officer Summers-Walton, Asst. Finance Officer Bochmann and Council Members: Glanville, Huddleston, Johnston, Lukens, Niles, Orback, Pratt and Varvel. At 8:45 p.m. all members present exited the session and the meeting resumed
Adjournment: Being no further business to come before the Council, moved by Pratt, seconded by Glanville, to adjourn at 8:46 p.m.
Approved:
Bob Nelson, Mayor
Attest:
Misty Summers-Walton, Finance Officer
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Published: Nov. 16, 2023