June_15_2011_REG_MTG.doc - De Smet

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					         REGULAR MEETING     DE SMET COMMON COUNCIL      JUNE 15, 2011

      The De Smet Common Council met in regular session on June 15, 2011, at 5:00
p.m., with the following present: G. Wolkow, Jensen, Botkin, Whitaker, Skyberg,
FO Wolkow. Absent: Lembke, Larson.      Also present: DFO Eichacker, Attorney
Wilkinson, Donna Palmlund, Rita Anderson, Scott Hein, Terri Tempel.
      Mayor Wolkow called the meeting to order.
ANNOUNCEMENTS: Mayor Wolkow congratulated Robyn Flickinger for being selected as
the 2011 Community Service/Volunteer Award winner and sent Get Well Wishes to
city employee Gordon Skyberg.
MINUTES: The minutes of the May 11, 2011 regular meeting and the May 25, 2011
special meeting, were approved as printed and furnished to the Council on motion
by Whitaker, seconded by Botkin, all voting aye, motion carried.
CLAIMS: Motion by Skyberg, seconded Jensen, to approve payment of the claims as
presented, all voting aye, motion carried. The claims are as follows: PAYROLL,
15,480.01; OASI, 2,946.24; IRS, withholdings 2,139.00; Farm Bureau Bank, health
savings 750.00; AFLAC, premium 247.14; Conseco, premium 34.30; SDRS,
premium/contribution 4,225.30; Cook’s Wastepaper & Recycling, contract 11,343.28;
Peoples State Bank, loan pymt. 18,864.03; De Smet City Pool, petty cash 100.00;
Johnson Bros. Famous, liquor 1,562.83; Huron Parks and Rec. Dept., softball
registration 180.00; Republic National, liquor 4,102.30; Ellwein Bros, liquor
18,781.35; Porter Dist, liquor 7,784.95; Ronald Schur, 2009 audit 11,200.00;
Banyon Data Systems, training 1,611.91; Dakota Backup, fees 109.57; Brookings
Engraving, plaque 55.00; Creative Printing, posters/advertising 1,417.25; De Smet
Development Corp., interstate sign fund 500.00; Kingsbury County Auditor,
contract law 4,875.00; Continental Research Corp., supplies 197.75; Ron’s Saw
Shop, supplies 119.43; Environmental Equipment & Service, supplies 117.87; North
Plains Irrigation Co., repairs 68.90; Smith’s Lumber, supplies 8.88; SD Dept. of
Revenue, sales tax 728.96; Millennium Recycling, Inc., electronic collection
2,712.10; Kingsbury Electric, supplies/labor 1,842.68; Hali-Brite Inc., supplies
16.42; Dave’s AC & Heating, supplies 166.66; Jacob Foley, reimbursement 124.90;
Lyle Signs Inc., sign 70.80; SD Arborist Assoc., dues 35.00; Marcia Richards,
museum cleaning 282.00; Office Peeps, Inc., supplies/library 132.38; Reader
Service, books 47.40; Baker & Taylor, books 25.85; Junior Library Guild, books
334.80; Reminisce, books 12.98; Country, books 19.98; Micro Marketing, books
156.95; De Smet News, library adv. 5.50; Ferguson Water Works, software/reader
8,325.00; Maguire Iron, tower cleaning 1,287.50; SD DENR, state water fee 600.00;
Northwest Pipe Fittings, supplies 449.93; Dept. of Revenue, labs 37.00; Share
Corp., chemicals 1,838.50; SD Tourism, advertising 450.00; Aron’s Elcectic,
hospital/repairs 2,467.14; REED Inc., loan pmt. 2,357.25; REED Inc., loan
1,448.41; Lyle Palmlund Roofing, shingling 5 city bldgs. 12,238.79; Hawkins,
chemicals 2,556.16; Clark Engineering, engineering 3rd St. 1,592.50; Rich’s Gas &
Service, fuel 1,379.84; Main Stop, fuel 910.91; De Smet News, publishing 839.94;
Trustworthy Hardware, supplies 705.49; Jesser’s Greenhouse, flower barrels
648.00; Avera Queen of Peace, pre-employment drug testing 605.40; Office Peeps,
supplies 508.26; Business Forms & Accounting, supplies 416.60; Meyer Insurance,
premium 232.87; O’Keefe Implement, supplies 184.92; City of De Smet, petty cash
66.13; Maynard’s, supplies 57.47; Ottertail Power Co, utilities 3,346.37; Qwest,
utilities 330.58; Kingsbury Electric, maint. contract 220.00; Kingsbury Electric,
utilities 191.95; North Western Energy, utilities 162.90; State of SD, long
distance 14.45; Mediacom, internet 57.19; Bob’s Mechanical Bull, Old Settlers Day
entertainment 2,300.00; Visa, safety wear/swimwear 404.96; Jan Carroll,
inflatables 300.00; Wellmark, premium 3,740.52.
OATH OF OFFICE: The Oath of Office was administered by Attorney Wilkinson to
Norman Whitaker, Alderman Ward 3.
VARIANCE HEARING: The Mayor declared the Council to be convened as the Board of
Adjustment for the purpose of conducting a hearing on a variance permit
application. This being the date and time publicly noticed for the hearing on
Variance Application #32 submitted by Scott Hein, the Mayor called the hearing to
order. Hein requested that they he be allowed to construct an 8 X 10 ft. deck 16
feet from the north property line on the following legally described property:
the North 65 ft. of Lot 9, Block 1, Ely’s Addition, City of De Smet, and
addressed as 317 Front St. NW, De Smet, South Dakota.
      The location of the proposed construction was reviewed based on information
from an on-site inspection conducted by Alderman Skyberg. The property is zoned
R-3 Combined Residential. Scott Hein appeared before the board in support of the
proposed variance request. No one appeared to comment in opposition to the
variance.
      Upon conclusion of the hearing and the Board having considered the
application and evidence presented, enters its findings as follows:
       1. That the property is currently zoned “R-3 Combined Residential”.
       2. That the north property line is adjacent to “R-3 Combined Residential”
          zoned property.
       3. That the Area Regulations of the “R-3” zoning require a front yard set
          back of thirty (30) feet, but that the actual front yard setback is 22
          feet which is grandfathered by ordinance.
       4. That the irregular location of the house on the lot is not in any way
          the fault of the current property owner.
       5. That the proposed deck will cover a deteriorated concrete slab located
          at the north entrance to the residence.
       6. That none of the adjoining property owners filed any objection to the
          proposed variance.
       7. That granting of the variance will not be injurious to the
          neighborhood, or otherwise detrimental to the public welfare.
       8. That the reasons set forth in the application justify granting a
          variance.
Motion was made by Skyberg, seconded by Jensen, to recommend granting the
variance as requested, all voting aye, motion carried. Motion was made by
Skyberg, seconded by Jensen, to reconvene as the De Smet Common Council and to
approve Variance #32 for Scott Hein to construct a 8 X 10 ft. deck, sixteen (16)
feet from the north property line which is a variance of 14 feet from the minimum
front yard zoning regulation on the following legally described property: the
North 65 ft. of Lot 9, Block 1, Ely’s Addition, City of De Smet; all voting aye,
motion carried.
SPECIAL LIQUOR LICENSES: This being the date and time noticed for the public
hearing on two special liquor licenses for the De Smet Fire Dept., and no one
appearing to testify, motion was made by Jensen, seconded by Whitaker, to approve
the special liquor license request of the Fire Dept. for the following events
that will be held at the De Smet Grade School Armory at 405 Ingalls Avenue SW:
July 16, 2011 from 5 PM to 2 AM (CDST) and July 23, 2011 from 5 PM to 2 AM
(CDST); all voting aye, motion carried.
VOTING WARDS: As a follow-up to receiving the 2010 Census data, 1st District
Assoc. of Local Governments conducted a review of the voting districts within the
City of De Smet to determine compliance with SD state law. They determined that
the population of the existing wards is not in compliance with the 10% Rule
required by state law and therefore ward boundaries need to be changed. Two
options were reviewed for changing the boundaries in order to be in compliance.
Motion was made by Skyberg, seconded by Whitaker, to select Option #2 which moves
residents living between Hwy. 25 and Calumet Avenue on 1st Street, 2nd Street, 3rd
Street and 4th Street, into Ward 1 and moves residents living between Boast Avenue
and Prairie Avenue on 2nd Street and 3rd Street, into Ward 2, all voting aye,
motion carried. A public hearing will be held at the July 13, 2011 council
meeting regarding the proposed ward boundary changes.
SODAR AGREEMENT: WindLogics, Inc. of St. Paul, MN is requesting permission to
install and maintain a Sonic Detection and Ranging (SODAR) System on the site
being leased by NOAA, for the purpose of measuring wind speeds. NOAA is
agreeable to the arrangement and WindLogics is offering to pay the city $1,200
for allowing the equipment to be placed there a period of one year. Motion was
made by Botkin, seconded by Jensen, to enter into an agreement with WindLogics,
Inc. of St. Paul, MN, allowing them to place a SODAR system at the De Smet
Airport for a period of one year for consideration in the amount of $1,200, all
voting aye, motion carried.
EXECUTIVE SESSION: Motion by Jensen, seconded by Botkin, to enter into Executive
Session at 5:25 PM for the purpose of economic development business assistance
and pending litigation, all voting aye, motion carried. Motion by Skyberg,
seconded by Jensen to come out of Executive Session at 6:10 PM, all voting aye,
motion carried. No action was taken.
BIDS FOR ASPHALT: Motion was made by Skyberg, seconded by Jensen, to advertise
for 1000 ton more or less of Class D type Asphalt to be paver-laid in place prior
to seal coating, with bids to be opened at the July 13, 2011, regular meeting of
the Council, all voting aye, motion carried.
MOVING PERMIT: Motion was made by Botkin, seconded by Whitaker, to approve the
moving permit application of LeRoy Roth to move a house and garage from Lot 15,
Block 2, Brown’s Subdivision of Carroll’s Addition to Lot 4 and Lots 5&6, Block 1
Brown’s Subdivision of Block 1 & 2 of Carroll’s Addn., all voting aye, motion
carried.
BUILDING PERMITS: Motion was made by Skyberg, seconded by Whitaker, to approve
the building permit applications as follows: Scott Hein – deck; Jim Pekron –
storage shed; John Berg – fence and gazebo; Blake & Jen Hojer – storage shed; and
LeRoy Roth – house; all voting aye, motion carried.
MUSEUM BOARD: Motion was made by Jensen, seconded by Botkin, to approve the
appointments of Elaine Behm, Evelyn Twite and Ellen Schubloom, to serve on the
Museum Board in place of Laurie Carmon, Donna Boser, and Vivian Bjordahl, all
voting aye, motion carried.
MUSEUM EMPLOYEES & VOLUNTEERS: Motion was made by Whitaker, seconded by Skyberg,
to approve hiring Sharon Peterson and Marilynn Gehm at $7.75/hour to work at the
De Smet Depot Museum and to approve the following volunteers to work at the
museum during the summer of 2011: Donna Askew, Annette Butler, Carmen
Dannenbring, Eileen Goreham, Delores Gross, Kay Hendricks, Mary Jensen, Florence
Johnson, Vivian Kaufman, Joanne Hanson, Bernice Koester, Betty Lebert, Helen
Logan, Audrey Lembke, Joanne McDonald, Dolly Montross, Bev Mulder, Diddy
Mundhenke, Audrey Penney, Ardis Price, Suzanne Roeder, Sandy Steen, Phyllis
Taschner, Coleen Van Meter, Evelyn Wolkow, Sharon Williams, and LaVonne Williams;
all voting aye, motion carried.
PARKS STAFFING: Staffing to temporarily cover the duties of Buildings/Pool/Parks
Supt. Skyberg was discussed. Motion was made by Skyberg, seconded by Botkin, to
hire Dawn Bindert, a former Parks Dept. employee, at $12/hour to mow and trim
Washington Park and the ball field area for the next several weeks, all voting
aye, motion carried.
FY2009 & FY2010 AUDITS: FO Wolkow reported that copies of the FY2009 Audit are
available and that it has been reviewed and approved by SD Dept. of Legislative
Audit. An engagement letter from Ronald Schur, CPA, with a proposal to complete
the FY 2010 audit which includes A-133 compliance reporting, at a cost of
$14,400.00, was reviewed. Motion was made by Whitaker, seconded by Botkin, to
enter into an agreement with Ronald Schur, CPA to complete the FY2010 Audit at a
cost of $14,400.00, all voting aye, motion carried.
SURPLUS PROPERTY: Quotes solicited for scrap metal located at the Restricted Use
Site were as follows: Kremin Construction $60/ton; Gale Thomsen $85/ton; S&S Tin
Baling Inc. $85/ton; and Environmental Services of Iowa $165/ton for metal and
$200/ton for cast iron. Motion was made by Skyberg, seconded by Botkin, declare
the metal and cast iron located at the Restricted Use Site to be surplus and to
award the sale of said property to Environmental Services of Iowa at $165/ton for
metal and $200/ton for cast iron, all voting aye, motion carried.
BUDGET SUPPLEMENT: Motion was made by Skyberg, seconded by Jensen, to approve
the first reading of Ordinance No. VI-190, an ordinance to supplement the FY2011
Budget Appropriation as follows: General Fund – General Government Buildings
5,410.00, Streets & Alleys $10,490.00, Swim Pool $5,300.00, Parks 11,100.00,
Library 36,500.00, and Museum 78,000.00, for roof replacement projects; and TIF
#1 Debt Service $37,800.00 for loan payments; all voting aye, motion carried.
FIRE DEPT. MEMBERS: Motion was made by Whitaker, seconded by Skyberg, to approve
the appointment of Evan Buckmiller to the De Smet Fire Department, replacing
Shane Hagstrom and to approve the appointment of Cory Beck to the De Smet Fire
Department, replacing Stan Myers, all voting aye, motion carried.
DEVELOPMENT COORDINATORS REPORT: Rita Anderson, De Smet Development Coordinator,
reported working on the following activities: joined Northeast Regional Economic
Development group that is currently working on developing a regional web-site
that will include De Smet; “The Wilder Life” billboard on Hwy 14 south of
Arlington installed; new Industrial Park Sign produced and installed by Lyle
Signs; Father De Smet statue 25th celebration on July 4 – Council to serve
birthday cake; and Young Guns Golf Tournament Fund Raiser on August 6.
MAY OVERTIME: Motion was made by Botkin, seconded by Whitaker, to approve the
overtime hours for the month of May as submitted, all voting aye, motion carried.
FINANCIAL REPORT: Motion was made by Skyberg, seconded by Jensen, to approve the
May Cash Balances Report as presented by the Finance Officer, all voting aye,
motion carried.
PROPERTY INSPECTION REPORTS: A summary report was distributed listing all of the
nuisance property issues, mowing issues, and unlicensed vehicles identified in
the May 25 inspection conducted by the Council. The report also included the
follow-up action taken and the deadline to comply.
OTHER: Other non-action items of discussion were as follows: May law
enforcement report; Elected Officials Workshop July 14 in Pierre; and summary of
approved bids/quotes on roof projects.


There being no further business the meeting adjourned on motion by Whitaker.
Following the meeting Council members went to inspect the new skate board park
and tour the Wells Fargo Building they are purchasing.

To comply with SDCL 6-1-10. Publication of Payroll information, the following is
the change for the present period: City Buildings/Parks Supt, Gordon Skyberg
$18.55/hour.



                                          _____________________________
ATTEST:                                   Gary Wolkow, Mayor


_______________________________
Eileen Wolkow, Finance Officer


Published once at the approximate cost of ________________.
         REGULAR MEETING             DE SMET COMMON COUNCIL                   JUNE 15, 2011
                                   Excerpt from Meeting Minutes


VARIANCE HEARING: This being the date and time publicly noticed for the hearing on Variance
Application #32 submitted by Scott Hein, the Mayor called the hearing to order. Hein requested that
they he be allowed to construct an 8 X10 ft. deck 16 feet from the north property line on the following
legally described property: the North 65 ft. of Lot 9, Block 1, Ely’s Addition, City of De Smet, and
addressed as 317 Front St. NW, De Smet, South Dakota.
        The location of the proposed addition was reviewed based on information from an on-site
inspection conducted by Alderman Skyberg. The property is zoned R-3 Combined Residential.
Scott Hein appeared before the board in support of the proposed variance request. No one
appeared to comment in opposition to the variance.
        Upon conclusion of the hearing and the Board having considered the application and
evidence presented, enters its findings as follows:
         1. That the property is currently zoned “R-3 Combined Residential”.
         2. That the north property line is adjacent to “R-3 Combined Residential” zoned property.
         3. That the Area Regulations of the “R-3” zoning require a front yard set back of thirty (30)
             feet, but that the actual front yard setback is 22 feet which is grandfathered by
             ordinance.
         4. That the irregular location of the house on the lot is not in any way the fault of the current
             property owner.
         5. That the proposed deck will cover a deteriorated concrete slab located at the north
             entrance to the residence.
         6. That none of the adjoining property owners filed any objection to the proposed variance.
         7. That granting of the variance will not be injurious to the neighborhood, or otherwise
             detrimental to the public welfare.
         8. That the reasons set forth in the application justify granting a variance.
Motion was made by Skyberg, seconded by Jensen, to recommend granting the variance as
requested, all voting aye, motion carried. Motion was made by Skyberg, seconded by Jensen, to
reconvene as the De Smet Common Council and to approve Variance #32 for Scott Hein to
construct a 8 X 10 ft. deck, sixteen (16) feet from the north property line which is a variance of 14
feet from the minimum front yard zoning regulation on the following legally described property: the
North 65 ft. of Lot 9, Block 1, Ely’s Addition, City of De Smet; all voting aye, motion carried.



       I, Eileen Wolkow, Finance Officer for the City of De Smet, SD do hereby certify that this is a
true and accurate excerpt from the minutes of the June 9, 2010 meeting of the De Smet Common
Council.




                                                      ______________________________________
                                                      Eileen Wolkow, Finance Officer

				
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