REGULAR MEETING
DE SMET COMMON COUNCIL
DECEMBER 14, 2011
The De Smet Common Council met in regular session on December 14, 2011, at
5:13 p.m., with the following present: Wolkow, Jensen, Lembke, Botkin, Whitaker,
FO Wolkow. Absent: Larson, Skyberg.
Also present: Attorney Wilkinson, Donna
Palmlund, Rita Anderson, John Megenhausen, John & Jean Fox, Kathy Hawkins, Randy
Beck.
Mayor Wolkow called the meeting to order.
MINUTES: The minutes of the November 16, 2011 regular meeting were approved as
printed and furnished to the Council on motion by Botkin, seconded by Lembke, all
voting aye, motion carried.
CLAIMS: Motion by Jensen, seconded by Botkin, to approve payment of the claims
as presented, all voting aye, motion carried. The claims are as follows:
PAYROLL 15,390.25; OASI 2,932.15; IRS, withholdings 2,089.52; Farm Bureau Bank,
health savings 750.00; AFLAC, premium 247.14; Washington National Inc., premium
34.30; SDRS, premium/contribution 4,303.94; Cook’s Wastepaper & Recycling,
contract 10,802.24; Johnson Bros. Famous, liquor 3,182.83; Republic National,
liquor 2,394.63; Schade Vineyard, wine 432.00; Ellwein Bros, liquor 15,749.75;
Porter Dist, liquor 4,244.45; Dakota Backup, fees 129.31; Cedar Shore, lodging
81.95; American Stamp & Marketing Products, supplies 67.65; Office Peeps,
supplies 61.91; Maynard’s Food Center, supplies 30.64; Kingsbury County Auditor,
law enforcement 4,875.00; De Smet Fire Dept., supplies 745.03; Avera Hoek
Medical, hep. B shot 45.00; Butler Machinery Company, blade repairs 35,242.71;
W.W. Tire Bryant, supplies 1,604.90; US Auto Force, supplies 731.49; SD Dept. of
Transportation, supplies 685.02; O’Keefe Implement, supplies 390.08; Continental
Research Corp., supplies 229.86; Smith’s Lumber, supplies 222.00; Schubloom
Construction, supplies 10.00; SD Dept. of Revenue, sales tax 694.09; Oxbow
Restaurant, supplies 398.76; O’Keefe Implement, mower/airport 9,250.00; All Phase
Electric, supplies 949.98; Commercial Pool, supplies 794.30; Patterson Portable
Toilets, equipment rental 160.00; Baker & Taylor, books 497.82; Office Peeps,
supplies 185.37; Penworthy, books 88.82; Micro Marketing, books 65.94; Reader
Service, books 50.12; Junior Library Guild, books 42.00; Hawkins, Inc., chemicals
2,163.82; Ferguson Waterworks, supplies/training 1,016.96; Kingsbury Electric,
repairs/supplies 701.86; Dept. of Revenue, lab 37.00; Share Corp., chemicals
1,893.50; Dakota Pump & Control, inspection 430.00; Team Laboratory Chemical,
supplies 318.25; De Smet Cemetery Assn, CD interest 21.27; Dave’s AC & Heating,
library furnace 4,011.99; Johnson Sand & Gravel, gravel/digging 2,585.19; REED
Inc, loan payments 6,305.66; Rich’s Gas & Service, fuel 1,697.89; Wilkinson &
Wilkinson Law Firm, legal fees 885.95; Main Stop, fuel 702.94; Trustworthy
Hardware, supplies 366.95; De Smet News, publishing 346.35; Kim Eichacker,
mileage 277.50; City of De Smet, petty cash 61.90; Peoples State Bank, fees
38.00; DENR, certification 24.00; SD Division of Motor Vehicles, title fee 10.00;
SDWWA, recertification 10.00; Ottertail Power Co, utilities 3,184.42; North
Western Energy, utilities 448.24; Century Links, utilities 333.10; Kingsbury
Electric, utilities 309.30; Kingsbury Electric contract 220.00; State of SD, long
distance 8.39; De Smet Chamber, supplies 600.00; Visa, supplies/internet 103.69;
Wellmark, premium 3,740.52; Mediacom, internet 54.01.
CONSENT FORM: The City of De Smet is the owner of property located adjacent to
Lot 1, Wilder Pass, City of De Smet, SW ¼ Section 28, Township 111 N, Range 56,
and the owner of that property has filed an application for a Special Exception
Permit to construct a dental clinic on said property. As an adjacent property
owner the City received a Consent Form for the Special Exception request. Motion
was made by Jensen, seconded by Whitaker, to give the city’s consent for a dental
clinic to be constructed on the property which is located across the street from
the city owned hospital and medical clinic, all voting aye, motion carried.
SPECIAL EXCEPTION HEARING: Motion was made by Lembke, seconded by Botkin, that
the De Smet Common Council convene as a Board of Adjustment and hold a hearing
for the purpose of considering the application of Horizon Health Care Inc. of
Howard, South Dakota 57349, for a special exception permit to allow the
construction of a dental clinic on Lot 1, Wilder Pass, City of De Smet, SW ¼ of
Section 28, Township 111 N, Range 56 W, Kingsbury County, South Dakota. John
Megenhausen, CEO of Horizon Health Care Inc., was present on behalf of the
applicant and spoke to the Council regarding the following: location of the
dental clinic would be close to the current health care campus; the planned size
of the clinic is 4500 square feet; construction would be scheduled to begin in
the spring of 2012; they will provide screening from adjacent residential
properties with evergreen trees or other plantings based on the request of the
adjacent property owners; and entrance to and exit from the property will be from
Prairie Avenue. John and Jean Fox, owners of adjoining property were also
present. Board members present were G. Wolkow, Jensen, Lembke, Botkin, and
Whitaker. The Board entered its facts and findings as follows:
1. That Lot 1, Wilder Pass, City of De Smet, SW ¼ of Section 28, Township
111 N, Range 56 W, Kingsbury County, South Dakota, is located within the
city limits of the City of De Smet and the Board of Adjustment has
jurisdiction over the application.
2. That the subject property is located in an area zoned “R-1” Single Family
Residential District.
3. That a dental clinic is a use permitted by special exception within the
Single Family Residential District.
4. That the applicant has filed the required application for the special
exception permit and the notice of hearing was properly given.
5. That none of the adjacent property owners presented any objections to the
proposed dental clinic.
6. That the applicant agreed to provide screening and buffering between the
clinic and all adjacent residential properties and to obtain the approval
of the adjacent property owners regarding the type of screening that will
be used.
7. That the dental clinic is compatible with adjacent properties and other
property in the district
8. That the entrance and exit to the property will be from Prairie Avenue only
and therefore is in compliance with all issues related to automotive and
pedestrian traffic flow and control.
9. That granting the special exception is in keeping with the City of
De Smet’s comprehensive land use plan.
10 That all requirements of the City of De Smet Zoning Ordinance have been
met.
Based upon these findings, a motion was made by Jensen, and seconded by Whitaker,
all voting aye, motion carried, to recommend approval of the special exception
application subject to the following condition to-wit:
1. That screening and buffering shall be placed between the dental
clinic and all adjacent residential properties, with the type of
screen to meet the approval of the adjacent property owners.
Motion was made by Whitaker, seconded by Botkin to adjourn as the Board of
Adjustment and reconvene as the Common Council, all voting aye, motion carried.
Motion was made by Lembke, seconded by Botkin, to accept the recommendation of
the Board of Adjustment and approve the special exception application of Horizon
Health Care Inc. of Howard, South Dakota 57349, for a special exception permit to
allow the construction of a dental clinic on Lot 1, Wilder Pass, City of De Smet,
SW ¼ of Section 28, Township 111 N, Range 56 W, Kingsbury County, South Dakota,
and to include the condition as stipulated by the recommendation of the Board of
Adjustment, all voting aye, motion carried.
Dated this 14th day of December, 2011.
LIQUOR LICENSE/OPERATING AGREEMENT TRANSFER: This being the date and time set
for the hearing on the transfer of the KCCC on-sale Liquor License, Operating
Agreement, and off-sale malt beverage license from The Country Club LLC to Third
Base LLC, Randy Beck appearing in favor of said transfer and no one appearing in
opposition, motion was made by Whitaker, seconded by Jensen, to approve the
transfer of the on-sale liquor license, operating agreement, and off-sale malt
beverage license to Third Base LLC, all voting aye, motion carried.
SPECIAL LIQUOR LICENSE: This being the date and time noticed for the public
hearing on the special liquor license for the De Smet Fire Dept., and no one
appearing to testify, motion was made by Whitaker, seconded by Botkin, to approve
the special liquor license request of the Fire Dept. for an event to be held at
the De Smet Grade School Armory located at 405 Ingalls Avenue SW on December 31,
2011, between the hours of 5:00 p.m. to 1:00 a.m.(CDT), all voting aye, motion
carried.
WINE LICENSE: Motion was made by Botkin, seconded by Lembke, to approve the onsale wine license renewal application of the Oxbow Restaurant for the year 2012,
all voting aye, motion carried.
INSURANCE RENEWAL: Kathy Hawkins, Meyer Insurance Agency, was present to review
the city’s fire department insurance renewal. The overall premium increase over
the prior year is $541.00, due to changes in the auto coverage valuations and an
increase in the estimated replacement value of the portable equipment.
Discussion followed. Motion was made by Skyberg, seconded by Whitaker, to renew
the city’s fire insurance coverage for the year 2012 with Meyer Insurance Agency,
for an annual premium cost of $6,961.00.00, all voting aye, motion carried.
2nd READING WATER/SEWER RATES: Motion was made by Botkin, seconded by Jensen, to
approve the second reading of Ordinance No. II-2P, an ordinance that amends the
water rates as follows: 1) the minimum usage charge for water shall be
$27.00/billing cycle with no water consumption included with the minimum charge;
and (2) water usage rate shall be $2.50/1000 gallons; all voting aye, motion
carried. Motion was made by Botkin, seconded by Jensen, to approve the second
reading of Ordinance No. II-4M, an ordinance that amends the sewer rates as
follows: 1) minimum usage charge for sewer shall be $27.00/billing cycle; (2)
usage rate shall be $1.70/1000 gallons of metered water usage; and (3) rate for
wastewater users who do not use city water shall be $39.00/billing cycle; all
voting aye, motion carried.
FUTURE USE WATER PERMIT: Attorney Wilkinson reviewed a letter received from SD
DENR, notifying the city that their Future Use Water Permit that reserves 1,086
acre feet of groundwater for the City of De Smet is up for renewal. Wilkinson
stressed the importance of this permit for future growth and development of the
city, and recommended the Council apply for the permit to be renewed at the full
1086 acre feet. He also recommended that a letter of support from the De Smet
Development Corporation be included with the application and that representatives
of the City Council and Development Corporation be in attendance when the city’s
application is reviewed by the State Water Management Board. Motion was made by
Jensen, seconded by Lembke, to apply for renewal of De Smet’s Future Use Water
Permit #524-3 at the full reserve of 1086 acre feet, all voting aye, motion
carried.
GYM/ARMORY COORDINATOR: Motion was made by Botkin, seconded by Jensen, to renew
the contract with Marvin McCune for the position of Armory/Gym Coordinator for a
period of one year for the sum of $600/year, all voting aye, motion carried.
SNOW REMOVAL PUBLIC NOTIFICATION: FO Wolkow reported receiving several requests
to notify the public of the city’s snow plowing schedule on a local TV Channel.
The KELOland CloseLine system would require the city to register online to
receive an ID# and password that would allow city staff to post notification
messages on-line at no cost. Motion was made by Lembke, seconded by Jensen, to
authorize city staff to post snow plowing schedule messages on KELO CloseLine and
thereby inform the public of when the city will be plowing so vehicles can be
moved off of city right-of-ways, all voting aye, motion carried.
BUDGET SUPPLEMENT: Motion was made by Lembke, seconded by Whitaker, to approve
the 1st reading of Ordinance No. IV-192, an ordinance to supplement the FY2011
Budget Appropriation as follows: General Fund – Streets & Alleys $35,000.00, for
unanticipated expenses in that department; all voting aye, motion carried.
CONTINGENCY TRANSFER:
Motion was made by Lembke, seconded by Whitaker, to
transfer $450.00 from contingency to Executive for unanticipated expenses in that
account, all voting aye, motion carried.
BUILDING PERMITS: Motion was made by Jensen, seconded by Botkin, to approve the
building permit applications of Scott Hein for a garage, and Jerry Burmeister for
front and back porches on 2 homes in his mobile home court, all voting aye,
motion carried.
NEW CITY HALL BUILDING: Quotes received to skim coat and texture the walls in
the new City Hall building were as follows: Gary’s Home Repair $4,896.00 and
Russ Brandriet $5,500.00. Motion was made by Jensen, seconded by Botkin, to
accept the quote of Gary’s Home Repair in the amount of $4,896.00, to skim coat
and texture the walls in the new City Hall building, all voting aye, motion
carried.
DEVELOPMENT COORDINATOR: Development Coordinator Rita Anderson reported on the
following activities: Hollowing Out The Middle” book read very successful with
many thoughtful strategies given as ways to assist “Stayers” and young
“Returners” to De Smet; organizing a “Managing Your Business” workshop
facilitated by SDSU for entrepreneurs and young businesses; Young Guns meeting
January 11 to develop a steering committee; 2nd annual Lake Thompson Fishing Derby
scheduled for February 4th as a fund raiser for Kingsbury County Ducks Unlimited;
community guides go to print by mid-January; and Rita to attend firearms SHOT
SHOW in Las Vegas in mid-January along with SD Economic Development personnel, to
meet with firearms manufacturers and distributors to promote business
opportunities in De Smet.
2011 SAFETY REPORT: Loss Control/Safety Coordinator Kim Eichacker, presented the
following safety program activities for 2011: one worker’s compensation claim,
no liability claims, and one property damage claim; purchased ANSI approved
shirts and outerwear for city employees; conducted quarterly building and
equipment safety inspections and addressed all deficiencies identified; conducted
annual fire extinguisher inspection in January; Eichacker attended annual Safety
Conference in Oacoma; and De Smet received Silver Level Safety Award from Safety
Benefits.
NOVEMBER OVERTIME: Motion by Whitaker, seconded by Lembke, to approve the
overtime hours for the month of November as presented, all voting aye, motion
carried.
FINANCIAL REPORT: Motion was made by Jensen, seconded by Botkin, to approve the
Cash Balances Report as presented by the Finance Officer, all voting aye, motion
carried.
SPECIAL MEETING: A special Council meeting is scheduled for Wednesday, December
28 at 5:00 PM for the purpose of considering year end claims and any other
business related to year end activities.
OTHER: Other non-action items of discussion were as follows: November law
enforcement report, and employee evaluation forms distributed to Council members
to be completed and returned by the February 8.
The meeting was adjourned on motion by Jensen.
_______________________________
Gary Wolkow, Mayor
ATTEST:
_______________________________
Eileen Wolkow, Finance Officer
Published once at the approximate cost of $_______________
REGULAR MEETING
DE SMET COMMON COUNCIL
Excerpt from Meeting Minutes
DECEMBER 14, 2011
SPECIAL EXCEPTION HEARING: Motion was made by Lembke, seconded by Botkin, that the De Smet
Common Council convene as a Board of Adjustment and hold a hearing for the purpose of considering the
application of Horizon Health Care Inc. of Howard, South Dakota 57349, for a special exception permit to allow
the construction of a dental clinic on Lot 1, Wilder Pass, City of De Smet, SW ¼ of Section 28, Township 111
N, Range 56 W, Kingsbury County, South Dakota. John Megenhausen, CEO of Horizon Health Care Inc., was
present on behalf of the applicant and spoke to the Council regarding the following: location of the dental
clinic would be close to the current health care campus; the planned size of the clinic is 4500 square feet;
construction would be scheduled to begin in the spring of 2012; they will provide screening from adjacent
residential properties with evergreen trees or other plantings based on the request of the adjacent property
owners; and entrance to and exit from the property will be from Prairie Avenue. John and Jean Fox, owners of
adjoining property were also present. Board members present were G. Wolkow, Jensen, Lembke, Botkin, and
Whitaker. The Board entered its facts and findings as follows:
1. That Lot 1, Wilder Pass, City of De Smet, SW ¼ of Section 28, Township 111 N, Range 56 W,
Kingsbury County, South Dakota, is located within the city limits of the City of De Smet and the
Board of Adjustment has jurisdiction over the application.
2. That the subject property is located in an area zoned “R-1” Single Family Residential District.
3. That a dental clinic is a use permitted by special exception within the Single Family Residential
District.
4. That the applicant has filed the required application for the special exception permit and the notice
of hearing was properly given.
5. That none of the adjacent property owners presented any objections to the proposed dental clinic.
6. That the applicant agreed to provide screening and buffering between the clinic and all adjacent
residential properties and to obtain the approval of the adjacent property owners regarding the
type of screening that will be used.
7. That the dental clinic is compatible with adjacent properties and other property in the district
8. That the entrance and exit to the property will be from Prairie Avenue only and therefore is in
compliance with all issues related to automotive and pedestrian traffic flow and control.
9. That granting the special exception is in keeping with the City of De Smet’s comprehensive land
use plan.
10. That all requirements of the City of De Smet Zoning Ordinance have been met.
Based upon these findings, a motion was made by Jensen, and seconded by Whitaker, all voting aye, motion
carried, to recommend approval of the special exception application subject to the following condition to-wit:
1. That screening and buffering shall be placed between the dental clinic and all adjacent
residential properties, with the type of screen to meet the approval of the adjacent property
owners.
Motion was made by Whitaker, seconded by Botkin to adjourn as the Board of Adjustment and reconvene as
the Common Council, all voting aye, motion carried. Motion was made by Lembke, seconded by Botkin, to
accept the recommendation of the Board of Adjustment and approve the special exception application of
Horizon Health Care Inc. of Howard, South Dakota 57349, for a special exception permit to allow the
construction of a dental clinic on Lot 1, Wilder Pass, City of De Smet, SW ¼ of Section 28, Township 111 N,
Range 56 W, Kingsbury County, South Dakota, and to include the condition as stipulated by the
recommendation of the Board of Adjustment, all voting aye, motion carried.
Dated this 14th day of December, 2011.
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 December 14, 2011 meeting of the De Smet Common
Council.
______________________________________
Eileen Wolkow, Finance Officer