City of Valley Springs: June 16
_________ Minutes _________
REGULAR SESSION
JUNE 8, 2021
CALL TO ORDER
The Commissioners of the City of Valley Springs met in regular session on Tuesday, June 8, 2021 at 6:00 PM in the VS American Legion. Mayor Carl Moss presided. Answering roll call were Commissioners Brian Staeffler, Dean Helgeson, Sandy Severtson and Lynn Schmidt. Also present was City Maintenance Blaine Eilts, Finance Officer Linda Hunnel, City Attorney Patrick Glover, City Engineer Gabe Laber, and Jill Meier with the BV Journal. Motion by Helgeson to approve the agenda with the following addition: Discuss chaperone and bus driver pay for swimming lessons. Schmidt seconded the motion. Motion carried, all voting aye.
APPROVAL OF MINUTES
Motion by Staeffler to approve the May 11 & 17, and June 1, 2021 Minutes as presented.
Schmidt seconded the motion. Motion carried, all voting aye.
CLAIMS AND PAYROLL
Motion by Staeffler to approve the June 8, 2021 Claims in the amount of $540,951.91. Helgeson seconded the motion. Motion carried, all voting aye.
MONTHLY FINANCIAL REPORTS
The Commission reviewed the May Proof of Cash Report and the May YTD Budget Report, as submitted by the Finance Officer. Motion by Staeffler, second by Schmidt, to approve the May 2021 Proof of Cash Report. Motion carried, all voting aye. Motion by Severtson, second by Staeffler, to approve the May YTD Budget Report. Motion carried, all voting aye.
PUBLIC COMMENT
Georgia Bender of Cliff Avenue was present to voice her concerns on the new portion of driveway installed at her residence due to the utility construction project. Ms. Bender stated that the driveway was not as wide as the old one and that the flare in the ROW was not as big. City Engineer Gabe Laber stated that the flare width in the Right-of-Way was standard construction detail and that they had followed the existing driveway width through the ROW. Mayor Moss had also received a complaint that the gravel in a resident’s new driveway was different from her old gravel. Laber said standard gravel was placed in that driveway. Mayor Moss will view the driveways.
CITY ENGINEER REPORT
City Engineer Gabe Laber gave an overview of the construction project’s progress. Hunnel and Eilts met with HDR, ASCO, and SiteWorks that morning for a project update and to discuss traffic questions and a few concerns. Labe said Valley Drive Phase 2 of the project will start June 9th and be done by the end of July. Overall, the project has gone very well.
SRF Loan Reimbursement Pay Request
Motion by Schmidt, second by Staeffler, to approve the SRF Loan Reimbursement Request in the amount of $255,541: $30,095 payable to HDR, $225,446 payable to ASCO. Motion carried, all voting aye.
OLD BUSINESS
Second Lift Asphalt Paving Estimates-West Acres
The Commission reviewed the cost estimates from two companies on future assessed paving and street repairs for Lynx Street and Dakota Circle. Motion by Staeffler, second by Helgeson to approve Seal Pros Inc. estimate of $76,347.59. Motion carried, all voting aye. The assessment process will now begin; a hearing will be scheduled for homeowners for July 13th at 7:00 PM.
TAP Grant Application
The Commission viewed the shared use path diagrams from Southside to Skyline. Project costs will need to be updated from the September 2020 Grant Application, which was denied. Hunnel said she needed letters of support for the project from citizens, especially those that would use the path or had children in that area. Citizens at the meeting voiced their concern over the street crossing on the new phase. There will be a painted street crossing walkway for pedestrians crossing Valley Drive. Motion by Helgeson, second by Schmidt, to proceed on to the next phase of the TAP grant application.
Resolution 2021-04 A Resolution Approving Final Plat
Motion by Staeffler, second by Severtson, to approve Resolution 2021-04, the Final Plat of Lot 1, Block 5 Homestead @Valley View Addition. Motion carried, all voting aye.
6:30 HEARING ORDINANCE 353
Mayor Moss gave the second reading of Ordinance 353, A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND\OR LICENSES. Motion by Schmidt, second by Staeffler, to approve Ordinance 353. Motion carried, all voting aye.
NEW BUSINESS
Street Light Plan Homestead Addition
Homestead Developer Ron Kuipers presented a lighting plan from Sioux Valley Energy for Skyline Drive. Kuipers asked the Commission to consider the newer aluminum design of streetlight for the development, which costs approximately $9 monthly per light more than the wooden pole used in the city. Motion by Severtson, second by Staeffler, to approve the placement of the newer designed poles in Homestead @Valley View Addition. Motion carried, all voting aye.
Elected Officials Workshop
Commissioner Severtson had expressed interest in attending the Elected Officials Workshop in Pierre but discovered the workshop started the morning after the July meeting. The timing did not work to attend this year.
Dept. of the Treasury Coronavirus State and Local Recovery Funds
FO Hunnel gave a brief overview on the new grant that will be available to the City. Unlike the previous CARES Act Funding, this grant funding can also be used to invest in water, sewer and broadband infrastructure. Funds must be obligated by Dec.31, 2024 and projects completed by Dec. 31, 2026. The Commission will be updated as more information becomes available.
DRAINAGE EASEMENT DISCUSSION-LYNX STREET & DAKOTA CIRCLE
The Commission held a discussion concerning the 20 foot drainage easement along the rear property lines of certain lots on Dakota Circle and Lynx Street. Several homeowners were present. Two had erected wooden fences along their rear property lines, within the drainage easement. Nathan and Anna Wong of 106 Lynx Street had erected their wooden fence prior to a city ordinance being adopted. This ordinance states “ Any Fence placed within an easement that impedes access or intended use of that easement may be removed by the City or the City’s agent at the owner’s expense…….” Jennifer Kielman had recently erected a wooden fence in the drainage easement. Ms. Kielman said she did not know the lot had a drainage easement on it. Neighbors sharing the rear property line voiced concern over their basement flooding in the event of a hard rain. City Engineer Gabe Laber recommended keeping everything out of a drainage easement for this reason. Laber said this is ultimately a city decision. Mayor Moss asked Ms. Kielman to move her fence out of the 10 foot drainage easement on her property within the next 60 days. Motion by Helgeson, second by Staeffler, to require Jennifer Kielman of 103 Dakota Circle to remove the portion of her wooden fence that is located in the platted drainage easement by August 8, 2021. Motion carried, all voting aye.
PLANNING AND ZONING HEARING 7PM CANCELLED
May 18, 2021 P&Z Meeting
Hunnel went over the minutes of the May 18th Planning and Zoning Meeting. The P&Z Board held a Conditional Use Hearing on allowing twin homes on R-1 zoned Lot 1, Blk 26 and Lots 1-3, Blk 5 of Homestead@Valley View Addition. The conditional use was approved. Building Inspector Dave Swier recommended adopting the 2018 IRC, and will study amendments and deletions to the code. Ron Kuipers, Developer, had requested rezoning Lot 1, Blk 5, Homestead @ Valley View to B-2 with a Conditional Use, for the purpose of constructing storage units. This request was denied as storage units did not seem harmonious to the neighborhood. Aaron Larsen requested rezoning a portion of residential properties for storage units and this request was denied as this was not the intent of residential lots. The Board discussed the new fence on Dakota Circle that was placed in the drainage easement and put a hold on fence permits in that area until this issue is resolved. SECOG had drawn up a new zoning map and there were two areas that have no record of being zoned. The Board will look into this.
PUBLIC WORKS REPORT
City Maintenance Supervisor Blaine Eilts gave his monthly maintenance report. Items included:
Installing the radar sign post on the highway (special thanks to Minnehaha County Highway Dept.), vehicle maintenance, park clean up, construction project issues, grading alleys & lagoon area, repaired lights at Legion Park, installing mobile radar sign, painting and trimming.
Eilts said the street sweeper has been repaired for now but the list of items that will need to be fixed is extensive. The Commission decided we will use the sweeper as long as possible, until repairs exceed its value.
Eilts had met with Garretson’s Code Enforcement Officer Scott Dubbe concerning the possibility of coming to Valley Springs to run code enforcement. The Commission reviewed Dubbe’s letter of introduction and asked Hunnel to set up a meeting between Dubbe and the Commission.
FINANCE OFFICER REPORT
The Pet Vaccination Clinic is scheduled for Thursday July 8th, 5-7pm, in the city shop.
Hunnel discussed various code enforcement issues she is trying to resolve. Hunnel also spoke of the need for a code enforcement officer as she doesn’t have the time or expertise to address each issue properly. There have been complaints on speeding on Broadway. The new mobile speed sign is up and Blaine will be able to download data from the sign to determine when the majority of violations are taking place.
Hunnel said there will be a liquor license hearing in July for ‘On the Rocks Valley Springs’, which will go into the old Broadway C-Store.
Bus Driver\Chaperone pay was discussed for the Luverne swimming lessons. Motion by Helgeson, second by Severtson, to pay the Bus Driver $65 per round trip and the chaperones $12 per hour. Motion carried, all voting aye.
CITY ATTORNEY REPORT-No Report
COMMISSIONER REPORTS –Commissioner Staeffler reported forty children had signed up for swimming lessons.
EXECUTIVE SESSION-
SDCL 1-25-2 (1) Personnel SDCL 1-25-2 Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee.
Finance Officer Position Applicant Reviews
Staeffler made a motion to enter into executive session at 7:46. Second by Schmidt.
Mayor Moss called the meeting out of executive session at 8:07 pm. Motion by Severtson, second by Schmidt.
Finance Officer Hunnel was directed to contact two applicants for June 16th interviews for the Finance Officer opening.
ADJOURN
There being no further business before the Commission, Helgeson made a motion to adjourn at 8:07. Staeffler seconded. Motion carried, all voting aye. The next regular meeting of the
Valley Springs City Commission will be July 13, 2021 at 6 PM in the Valley Springs American Legion, 615 Broadway Avenue.
Linda D. Hunnel, Finance Officer Carl Moss, Mayor
CITY OF VALLEY SPRINGS, CLAIMS, 8-Jun-21;
EFTPS - U. S. DEPT OF TREASURY, $1,281.82, 052021 PR TAXES; A & B BUSINESS SOLUTIONS, $107.79, JUNE COPIER LEASE; MIDAMERICAN ENERGY, $108.69, NATURAL GAS PURCHASE MAY; FIRST NATIONAL BANK, $271.35, MAY POS PURCH; ALLIANCE COMMUNICATIONS COOP, $244.00, MAY PHONE BILLING; SIOUX VALLEY ENERGY, $4,574.87, MAY ELECTRICITY; EFTPS - U. S. DEPT OF TREASURY, $1,300.86, 060321 PR TAX; MARV’S SANITARY, INC., $68.00, MAY GARBAGE UTILITY;VERIZON WIRELESS, $92.93, STREET MAINT-CELL PHONE; BLAINE EILTS, $1,576.47, 052021 PR; LUNSTRA, JAY, $646.04, 052021 PR; JOHN VERMEER, $114.15, 052021 PR; KEITH STAEFFLER, $246.36, 052021 PR; LINDA HUNNEL, $1,292.23, 052021 PR; ROMARIO RODRIGUEZ, $191.17, 052021 PR; NAMANNY, SANDRA, $209.33, 052021 PR; SD RETIREMENT SYSTEM, $888.36, MAY RETIREMENT CONTRIBUTION; BLAINE EILTS, $1,523.19, 060321 PR; LUNSTRA, JAY, $649.83, 060321 PR; JOHN VERMEER, $114.14, 060321 PR; KEITH STAEFFLER, $376.21, 060321 PR; LINDA HUNNEL, $1,331.51, 060321 PR; ROMARIO RODRIGUEZ, $274.27, 060321 PR; NAMANNY, SANDRA, $207.10, 060321 PR; HPSD, $1,626.66, HEALTH INSURANCE PREM JUNE; ASCO, $475,883.03, S-SRF Reimbursement; BOLTE’S SANITARY SERVICE, $3,706.20, CLEAN UP DAY; BRANDON ACE HARDWARE, $16.44, WATER MAINT; BRANDON VALLEY SCHOOL DISTRICT, $103.79, GAS PURCHASES MAY; BV JOURNAL, $285.35, MAY PUBLICATIONS; CITY OF SIOUX FALLS, $20.90, LANDFILL-ELECTRONICS; CORE & MAIN LP, $368.00, WATER MAINT; ELAN FINANCIAL SERVICES, $229.53, CITY MAINT MAY; GEOTEK ENGINEER & TESTING INC, $848.00, CONSTR PROJ TESTING; HAWKINS WATER TREATMENT, $1,410.53, WATER PURIFICATION; HDR ENGINEERING INC, $36,162.53, W-SRF Reimbursement; LEUTHOLD, $1,372.32, SEWER LINE REPAIR; MENARDS, $252.55, CITY MAINT; SANITATION PRODUCTS, INC, $125.00, STREET SWEEPER REPAIR; SD PUBLIC HEALTH LABORATORY, $28.00, WATER TESTING; SD DEPT OF TRANSPORTATION, $241.14, SHARED USE PATH; SEAFOG, $30.00, 2021 MEMBERSHIP DUES; SIOUX FALLS HUMANE SOCIETY, $59.24, APRIL ANIMAL CONTROL FEES; STURDEVANT’S AUTO PARTS, $177.35, VEHICLE MAINT; USA BLUEBOOK, $51.50, WATER SUPPLIES; VALLEY SPRINGS FARMERS COOP, $263.18, MAY DIESEL PURCHASE; $540,951.91;
Published at the approximate cost of $133.24
June 16, 2021
______ ORDINANCE #353 ______
1st Reading: June 1, 2021
2nd Reading: June 8, 2021
Date Adopted: June 8, 2021
Date Published: June 16, 2021
Effective Date: June 16, 2021
ORDINANCE NO.
353
A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES.
WHEREAS, a local government may enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. A local government may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.
WHEREAS, the Municipality of Valley Springs, SD (“Municipality”), makes a preliminary finding that the Municipality’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1;
WHEREAS, medical cannabis state laws under SDCL 34-20G are effective July 1, 2021. The South Dakota Department of Health shall promulgate rules pursuant to chapter 1-26 not later than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government will not yet know standards for medical cannabis and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local permits and to better ensure applicants have a more predictable permitting process and avoid stranded investments.
WHEREAS, the Municipality makes a preliminary finding that the Municipality needs further study of the relationship of medical cannabis establishments to the Valley Springs Comprehensive Plan and Zoning Ordinance. The public interest requires that the Municipality study, analyze, and evaluate the impacts of medical cannabis establishments and to fully explore the impacts of any proposed regulations regarding medical cannabis establishments;
WHEREAS, the Municipality makes a preliminary finding that it would be inappropriate for the Municipality to issue a local permit or license to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same;
WHEREAS, the Municipality hereby exercises its authority under SDCL 11-4-3.1 and/or SDCL 9-19-13, to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the Municipality;
WHEREAS, a temporary ordinance will ensure that more comprehensive zoning ordinance and building permit changes, licensing permits, and any proposed amendments to the Municipality’s Comprehensive Plan can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives;
WHEREAS, the Municipality finds that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom;
WHEREAS, the Municipality finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the municipal government and its existing public institutions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF VALLEY SPRINGS, SD:
Section 1. Temporary Ordinance – Application for Local Permit/License
A medical cannabis establishment desiring to operate in the Municipality shall be required to apply for a permit and/or license from the Municipality. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL 34-20G-72. Any application received prior to such regulations being promulgated shall be denied.
Section 2. Immediate Effect.
This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions pursuant to SDCL 11-4-3.1 and SDCL 9-19-13.
Date adopted: June16,2021 .Mayor Carl Moss
ATTEST:
Municipality Finance Officer
Linda D. Hunnel
Published at the approximate cost of $44.21
June 16, 2021
__ RESOLUTION NO. 2021-04 __
A RESOLUTION APPROVING PLAT
WHEREAS, SDCL 11-3-6 requires that plats of property within the jurisdiction of the City of Valley Springs be submitted to the governing body for approval before the same can be recorded in the Office of the Register of Deeds; and
WHEREAS, the Board of Commissioners of the City of Valley Springs was presented a plat of the following described real property within the City of Valley Springs:
Lots 1of Homestead @Valley View Addition in Block 5
An Addition to the City of Valley Springs, Minnehaha County, South Dakota
WHEREAS, said plat meets the requirements of the statutes and ordinances in all things.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Valley Springs that the within and foregoing plat is hereby approved and the Finance Officer is hereby directed to endorse on said plat a copy of this resolution and certify the same thereon.
Dated this 8th day of June, 2021
Carl Moss, Mayor
ATTEST:
Linda D. Hunnel, Finance Officer
(SEAL)
Published: June 16, 2021
Effective: July 6, 2021
Published at the approximate cost of $12.28
June 16, 2021
