South Dakota

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The regular meeting of the City of Scotland was called to order by Mayor Curtis Hofer at 5:00pm on Monday, August 7, 2017. The following council members answered to roll call Joe Bouza, Randy Thum, H. Victor Settje, Sean Barrett, and Tim Asche.  Those council members absent were Ron Dvorak. Others present were Finance Officer Tanya Bult, City Maintenance Employees Bob Green and Ray Beecher, Chief of Police Kirk McCormick, Greg Gemar, and Peggy Schelske.  The minutes of last month’s meeting was approved upon a motion made by Asche, second by Thum. All voted in favor. Motion carried.

Finance Officer’s Report - In July thirty-six notices of intent to disconnect service letters were mailed out with none being disconnected. Water percentage loss for July was 2%. July Building Permits: John Settje, Move in Garage; Scott Fritz, Privacy Fence. Camper suggestions in payment box: each spot should include a picnic table and fire pit. 2015-2016 Audit is complete with copies being dispersed to the council and posted on South Dakota Dept. of Legislative Audit website. The city applied for a grant for West Nile spraying and received $1,343. The city received a bill today from B-Y Water for $1,448.44 for service from in control to solve problems with water display at Scotland water tower plus $192.67 for backup battery and shipping. A motion was made by Bouza, second by Barrett to pay the B-Y Water bill. All voted in favor. Motion carried. The bills were presented and a motion was made by Thum, second by Bouza to approve the bills.  All voted in favor. Motion carried.

City Bills Presented By:
AFLAC     Employee Insurance     $373.51
ARAMARK     CareGuard Mats: July     $75.00
B-Y WATER DISTRICT     8,477,000 Gallons     $26,395.70
BENDERS     Cleanout Lift Station Wet Well     $568.00
CENTRAL FARMERS COOP     Diesel     $63.52
CENTRAL STATES LAB     Sewer Chemicals     $6,784.30
CITY EMPLOYEE WAGES     Ball Coaches     $2,961.13
CITY EMPLOYEE WAGES     Council & Mayor     $3,001.37
CITY EMPLOYEE WAGES     Finance Office     $3,286.09
CITY EMPLOYEE WAGES     Library     $1,377.64
CITY EMPLOYEE WAGES     Lifeguards     $3,862.26
CITY EMPLOYEE WAGES     Police     $4,212.22
CITY EMPLOYEE WAGES     Rubble Site     $683.02
CITY EMPLOYEE WAGES     Sewer     $2,600.23
CITY EMPLOYEE WAGES     Streets     $3,214.19
CITY EMPLOYEE WAGES     Summer Maintenance     $2,963.15
CITY OF SCOTLAND     Water Refund: J. Detwiler, J. Read     $156.11
CONCRETE MATERIALS     1/2" Hot Mix     $1,560.00
DAKOTA DATA SHRED     Document Destruction     $15.00
FISCHER ELECTRIC     Lagoon - Pump     $245.45
GOLDEN WEST COMMUNICATIONS     Phone, Internet, and Fax     $531.41
HAWKINS, INC     Pool Chemicals     $1,663.86
IRS     Employee Withholding     $7,570.91
JON DETWILER     Water Deposit Refund     $43.89
KENT LEHR     Attorney Fees: July     $169.20
KEVIN IWAN     Water Deposit Refund     $50.00
KIRK MCCORMICK     Reimburse: Cell Phone & AVG     $149.99
MAIN STOP     Gasoline     $483.27
MARK'S MACHINERY     Bobcat Coupler     $29.39
MINNESOTA TRAPLINE PRODUCTS     Dura Poly Live Traps (2)     $168.00
MYERS SANITATION     Residential Garbage Service     $4,896.50
NORTHWESTERN ENERGY     Electricity / Natural Gas     $5,111.05
ONE OFFICE     Office Supplies     $199.49
SCHOENFISH & CO.     201/2016 Audit     $8,000.00
SCOTLAND HARDWARE     Repairs/Maint & Supplies     $422.29
SCOTLAND JOURNAL     Notices & Ads     $920.19
SCOTLAND OIL CO     Gasoline, Diesel, Tire Repair     $448.60
SD DEPT OF REVENUE - SALES TAX     Sales Tax - Garbage, Camping, Pool     $518.80
SD DEPT OF REVENUE - WATER SAMPLE     Samples - Water      $15.00
SD ONE CALL     Line Locates - June, July     $148.92
SD RETIREMENT     Employee Retirement     $2,392.45
SD SOLID WASTE MANAGEMENT     2018 Membership Renewal     $100.00
SUPPLEMENTAL RETIREMENT     Supplemental Employee Retirement     $680.00
TOPKOTE INC     Chip Seal $1.1122/Sq Yard     $30,000.04
TYNDALL NAPA     Lagoon - Blower Hose     $178.98
VAN DIEST SUPPLY CO     Mosquito Spray     $2,055.00
VERIZON     Police Mobile Broadband     $40.01
WELLMARK BLUECROSS BLUESHIELD     Employee Health Insurance     $2,779.96

Ambulance Bills Presented By:
AMBILL ASSOC     Claims: 9     $315.00
AMBULANCE WAGES     On Call / Trips     $1,201.83
IRS     Employee Withholding     $240.68
JIM MARUSKA     Meal Reimbursement     $41.58
MATHESON TRIGAS     Oxygen     $26.45
RETTEDAL'S DEPT STORE     Polo Shirts     $113.00
SCOTLAND FOOD PANTRY     Washed Ambulance     $40.00

S.A.A. Bills Presented By:
BECCA VITEK     Reimburse 14U State Entry Fee     $150.00
BOB MALLOY     Teener Tourney Umping     $420.00
DALLAS FUERST     Mileage     $340.00
JASON VAITH     Mileage & Umping Fees     $2,020.00
JENNIFER BIETZ     Reimburse 14U State Expenses     $300.00
JOE KEPPEN     Mileage     $450.00
JOHN CIHAK     Teener Tourney Umping     $120.00
MICHAEL DROTZMAN     Teener Tourney Umping     $60.00
NORTHWESTERN ENERGY     Electric     $334.96
PAT DOCKENDORF     Teener Tourney Umping     $60.00
PEYTON HOCHSTEIN     Mileage     $360.00
RAY JOHNSON     Teener Tourney Umping     $120.00
RETTEDAL'S DEPT STORE     Teener      $240.00
SCOTLAND HARDWARE     Supplies     $52.33
SCOTLAND JOURNAL     Sports Day Ad     $72.27
SCOTLAND REDI-MIX     Marking Lime     $90.00
STEFANI GROSZ     Mileage & Umping Fees     $215.00
TATE REINER     Mileage     $300.00
TODD GROSS     Teener Tourney Umping     $260.00
TROY FURNEY     Mileage & Umping Fees     $570.00

Chief of Police - Traffic Enforcement - Speed: 1; Other: 3. Responded to - Civil: 2; Fireworks: 1; Disturbance: 1; Animal: 4; Trespass: 1; Juvenile: 3; Found Property: 2; Misc: 4; Agency Assist: 3; Medical: 2; Parking: 3; Fraud: 3; Suspicious: 1. Reports - Miscellaneous: 2; Trespass: 1; Animal: 1. Arrests - Trespass: 1. Code Enforcement - Opened: 4. Closed: 5. Other - Permission to close railway during burnout contest, approved.

City Maintenance Employee Report – Starting to work on maintenance in the alleys. Maguire Iron phoned however no date set yet to reline the water tower. Ordered an ORP sensor, pH sensor, valve, and solenoid coil for the pool.

Council Concerns/Committee Reports:
Bouza - None
Thum - None
Settje - None
Barrett - Tree Trimming: The guidelines are trees should be at least 8 feet above sidewalks and 12 feet above streets. Please take care of this along your property before October 1st. If there is trimming that needs to be done after that date, the city will be trimming them at no further notice to you.
Asche - None

2018 Appropriation Ordinance First Reading - A motion was made by Asche, second by Thum to approve the first reading to the 2018 Appropriation Ordinance with the following changes: Create a resolution and set aside $15,000 for a new payloader and put $15,000 into contingency. The following sums appropriated to meet the obligations of the municipality. Expenses: General Fund $640,893; Water Fund $290,000; Sewer Fund $148,170; Garbage Fund $69,300; 2nd Penny Fund $145,000. Revenue: General Fund $640,893; Water Fund $290,000; Sewer Fund $156,000; Garbage Fund $69,300; 2nd Penny Fund $145,000. All voted in favor. Motion carried.

Recreation Area Bathroom - A motion was made by Thum, second by Asche to accept the $10,000 memorial donation to demolish the old bathroom at the ball fields and start new from the ground up. All voted in favor.  Motion carried.

Close Road North of School - A motion was made by Thum, second by Barrett to approve the road closure on Juniper Street north of the school during the construction phase for safety reasons. All voted in favor.  Motion carried.

Crushing Cement at Rubble Site - A motion was made by Barrett, second by Thum to crush the 2,000 ton of cement located at the rubble site at the cost of $8.45 per ton. All voted in favor.  Motion carried.

Daily Malt Beverage Permit - Recreation Bar requested a daily malt beverage license for Sunday, September 10, 2017 for the Youth Center Pentathlon Fundraiser being held at the Rodeo grounds. A motion was made by Thum, second by Asche to approve the Daily Malt Beverage License request. All voted in favor with Barrett abstaining. Motion carried.

Fire/EMT Roster - A motion was made by Thum, second by Bouza to acknowledge and approve the current  firemen (Dick Behl, Bob Green, Craig Herrboldt, Mike Mehrer, Tim Furney, Jim Maruska, Sean Barrett, Troy Furney, John Bult, Jeff DeBoer, Michael Behl, Chad Odens, Jared Schortzman, Bryan Hubbard, Jonathon Vehar, Calby Auch, Andy Vitek, Clinton Sieben, Kyle Stewart, Vincent Bickner, Joe Kronaizl, Dexter Grosz, Jared Zweifel, Dillon Fischer, Tanner Suess, and Logan Winckler) and the current EMT’s (Dick Behl, Michael Behl, Shelly Gibbins, Jim Maruska, Steve Maruska, Mariah Roth, Tammy Rueb, Sonja Davis, Jayme Kocourek, and Kirk McCormick, Shantel Geiman)rosters per the SDML Work Comp Regulations. All voted in favor. Motion carried.

Resolution 2017-01 Public Nuisance -
Councilmember Barrett introduced the following resolution and moved for its adoption:

          WHEREAS, pursuant to City Ordinance Section 4.0201, all weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the State or County Weed Board and all other weeds suffered or allowed to grow during the growing season and all grass allowed to grow to a length exceeding eight (8) inches in height shall be deemed noxious, dangerous, and unhealthful vegetation and are declared to be nuisances, and

          WHEREAS pursuant to Section 8.0304 of Scotland City Ordinance No. 8.03 the maintenance of a building or premises in a manner which is at variance with and inferior to the level of maintenance of surrounding properties constitutes a public nuisance, and

          WHEREAS the presence of overgrown vegetation in violation of City Ordinance Section 4.0201, and the inferior maintenance of a building or premises in violation of Section 8.0304 of Scotland City Ordinance No. 8.03, all constitutes a hazard to the health and welfare of the people of the City of Scotland in that the presence of such noxious and overgrown vegetation and inferior property conditions can harbor noxious diseases, furnish shelter and breeding places for vermin and present physical dangers to the safety and well-being of children and other citizens, and

          WHEREAS, noxious and overgrown vegetation and the accumulation of junk, trash, debris and other unacceptable offensive or unwholesome materials and the presence certain broken windows on the building on the property owned by Betty Pulkrabek, and located at 431 Fourth Street, Scotland , SD, and more particularly described as:

               The South Thirty Feet (S30’) of the West Half of Lot One (1), Block Four (4), College Addition to the City of Scotland,

               and Lot One (1), Block One (1), Stafford’s Addition East to the City of Scotland, Bon Homme County, South Dakota.

endangers the comfort, repose, health, and safety of others in violation of City Ordinance Section 4.0201 and Section 8.0304.


                1.  The above-described property constitutes a public nuisance in violation of SDCL 21-10, and City Ordinances No. 4.02 and Ordinance No. 8.03.

                2.  The City Attorney is directed to send to the owner above-named a copy of this Resolution and to initiate a civil action against said property owner for an order declaring the condition of the property a public nuisance and for an order permitting abatement of the same by the City with a judgment for its costs of abatement.

Bouza seconded the motion, and after full and complete discussion, the resolution was adopted 4-1 on roll call vote, with Settje in opposition.

Dated this 7th day of August, 2017.

__________________________________                                    __________________________________
Cutis Hofer, Mayor                                                                          Tanya Bult, Finance Officer

Transfer Liquor License - A motion was made by Thum, second by Settje to approve the transfer of the on-sale and off-sale liquor licenses from Kim Clute d/b/a Jacs on Main to John and Analiese Cap, d/b/a Jacs Bar. All voted in favor. Motion carried.

Set meeting date for the September Meeting - The September council meeting will be on Monday, September 11, 2017 at 5:00pm.

A motion was made by Thum, second by Asche to enter into executive session at 5:54pm for Personnel as per SDCL 1-25-2 Sub (1). All voted in favor.  Motion carried.

A motion was made by Barrett, second by Asche to come out of executive session at 6:18pm with the following actions taken. All voted in favor. Motion carried.

Thum suggested accepting applications for the city maintenance position until August 25, 2017 at 5:00pm. Interviews will follow with plans to hire at the September regular meeting. All voted in favor.

With no further business to discuss a motion was made by Barrett, second by Thum to adjourn the meeting at 6:19pm. All voted in favor. Motion carried.
                                                                                                                Curtis Hofer, Mayor       

                     Tanya Bult, Finance Officer