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City of Canton

Welcome to the city of Canton, South Dakota the Gate Way to Lincoln County. The City of Canton is a rural community located about 30 minutes south of Sioux Falls, South Dakota. Just 9 miles from Interstate 29 on US Highway 18 east you'll find a city of 3,100 residents in an area locally known as the Sioux Valley. To find out more about our growing community click here or the About Canton button.

Thank you for stopping at the City of Canton's home on the World Wide Web!  We hope you take the opportunity to look around our city and read some of the interesting facts about our community. You will find current events, news, and what makes our city great.

      Please plan take some time to visit our city in person to meet the people that make Canton feel like home, take in our antique shopping, site seeing, or hike in beautiful Newton Hills State Park.

Feel free to contact me at city hall, e-mail me at www.cityofcantonsd@cityofcantonsd.com or use the form below. I look forward to visiting with you.

Enjoy your "virtual stay" with us! Mayor Van Wyhe

Contact City Hall Form

City Commissioner

Jim Nelson

Phone 987-5643

City Commissioner

Jerry Chaon

Phone 764-2543

City Commissioner

Robert Bogue

Phone 987-5973

City Commissioner

Todd Baldwin

Phone 764-2356

The Canton City Commission meets on Monday evenings at 7:00 p.m. in the Canton City Hall.

2004 Commisssion Minutes July - December


MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 27, 2004


The Canton City Commission met at City Hall on Monday, December 27, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert, Bogue Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the December 20, 2004 City Commission meeting as presented. All ayes, motion carried.

Chuck Andresen of the Planning and Zoning Commission notated a necessary correction to the November 27, 2004 City Commission meeting.


STEVE AND LORELIE BARTH - LETTER FROM CITY ENGINEER’S OFFICE REGARDING SEWER LINE

Steve and Lorelie Barth were present to discuss the letter sent to the City about their sewer line in front of their property. Finance Officer Amert said a letter of response to the situation has been sent to the City and been given to the Barths. Commissioner Nelson said that the report shows that their sewer lines were too low. Lorelie Barth said that she has requested all documentation to be sent to their attorney in Sioux Falls. Commissioner Nelson asked if the Barths have gone back against the realtor who sold them the house. The Barths said no. Mark Everhart said any defects with the house, including the sewer line, should have been disclosed at the time of the sale. Lorelie Barth said no disclosure was made at the time the house was sold. Steve Barth said that he was upset the City did not tell them there was a problem with the sewer. Mr. Barth said that he sees a ridge near the exit of the sewer pipe into the manhole that could be a cause of the problem. Commissioner Nelson said that the City is willing to work with the property owners. Commissioner Chaon said the City Engineer’s report states that there is not enough fall in the sewer line. Mr. Barth said that he also understands the City could use epoxy paint at the exit point to make it more slippery. Discussion followed. Commissioner Bogue suggested that the City comply with the City Engineer’s recommendations to complete work in the manhole at 3rd and Bridge and to have the Barths contact their realtor about the disclosure issue. Commissioner Chaon said a small dip in the sewer service line would cause problems. Further discussion followed on dye tests at the house.


SECOND READING OF ORDINANCE 907 – ZONING ORDINANCE CHANGES

Mayor Van Wyhe opened the hearing for the approval of Ordinance 907 on Second Reading. Finance Officer Amert said the changes to the Zoning Ordinance are for the time from the date of publication to the date of the hearing. Mr. Amert said the change would reduce the time from 15 days to 10 days. Mayor Van Wyhe reported that the Planning and Zoning Commission approved the Ordinance in its present form. Commissioner Bogue asked if anyone was present to speak against the Ordinance. No one was present to speak against the Ordinance. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve Ordinance 907 on Second Reading. All ayes, motion carried.

ORDINANCE 907

AN ORDINANCE AMENDING THE ZONING
ORDINANCES OF THE CITY OF CANTON, SOUTH DAKOTA

BE IT ORDAINED by the City Commissioners of the City of Canton that Ordinances 549, 569, 664, 772, 789, 791, 791, 798, 811, 814, 817, 857 and 888 are hereby amended to read as follows:


ARTICLE 12 - THE BOARD OF ADJUSTMENT – Powers and Duties

The Board of Adjustment shall have the following powers and duties:

SECTION 1201: ADMINISTRATIVE REVIEW:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of this ordinance.

SECTION 1202: CONDITIONAL USE PERMITS – CONDITIONS GOVERNING APPLICATION PROCEDURES

To hear and decide only such Conditional Use permits as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether Conditional Use Permits should be granted; and to grant Conditional Use Permits with such conditions and safeguards as are appropriate under this ordinance. A Conditional Use Permit shall not be granted by the Board of Adjustment unless and until:

1) A written application for a Conditional Use Permit is submitted indicating the section of this ordinance under which the Conditional Use permit is sought and stating the grounds on which it is requested.

2) a. Notice shall be given at least ten (10) days in advance of a public hearing. The owner of the property or his/her agent for which the Conditional Use Permit is sought shall be notified by mail. Signs, provided by the City, shall be posted on the affected property for a continuous period of not less than ten (10) days prior to any public hearing held by the Board of Adjustment. The City Finance Office shall, for a fee (designated by the City), furnish said signs;

b. Said signs shall be posted by the applicant in the number and locations prescribed by the City Finance Office. Posted signs shall be located in a conspicuous place. The City of Canton shall verify that said signs have been posted at the proper location during the time specified in this section. If the signs are not posted for ten (10) consecutive days, the Board shall cancel such hearing and deny the Conditional Use Permit. Notice of the cancellation shall be sent to the owner of the property or his/her agent detailing the reasons for the cancellation and the denial of the Conditional Use Permit.

3) A public hearing shall be held at which time the applicant shall be present to answer questions. If applicant does not appear, the permit can be deferred to the next scheduled meeting or denied. Any party may appear in person, by agent or attorney.

4) The Board of Adjustment is empowered to recommend the granting of a Conditional Use Permit, subject to terms and conditions.

5) Before any Conditional Use Permit may be issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual Conditional Use Permit and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a. Entrance and exits to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b. Off-street parking and loading areas where required, with particular attention to the economic, noise, glare, or odor effects of the Conditional Use Permit on adjoining properties and properties generally in the district;

c. Refuse and service areas;

d. Utilities;

e. Screening and buffering;

f. Signs, and proposed exterior lighting;

g. Required yards and other open spaces;

h. General compatibility with adjacent properties and other property in the district;

i. In granting any Conditional Use permit, the Board of Adjustment may prescribe additional conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this ordinance and punishable under Article 19 of this ordinance.

6) Under no circumstances shall the Board of Adjustment grant a Conditional Use Permit to allow a use not authorized as a conditional use under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

SECTION 1203: VARIANCES - CONDITIONS GOVERNING APPLICATION AND PROCEDURES

To authorize in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

1) A written application for a variance is submitted detailing:

a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;

b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

c. That special conditions and circumstances are not the result of the action or inaction on part of the applicant;

d. That granting the variance requested will not confer on the applicant any special privilege that is prohibited by this ordinance to other lands, structures, or buildings in the same district.

2) A non-conforming use of neighborhood lands, structures, or buildings in the same district, or permitted or conforming use of lands, structures, or buildings in other districts shall not be considered grounds for the issuance of a variance.

3) Notice of public hearing shall be given as provided in Section 1202(2) above.

4) The public hearing shall be held at which time the applicant shall be present to answer questions. If applicant does not appear, the permit can be deferred to the next scheduled meeting date or denied. Any party may appear in person, by agent or by attorney.

5) The Board of Adjustment shall determine if the applicant for a variance has met the requirements of Section 1203(1).

6) The Board of Adjustment shall determine if the reasons set forth in the application justify the granting of the variance, and if the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

7) The Board of Adjustment shall determine whether or not the granting of the variance will be in harmony with the general purpose and intent of this ordinance, or injurious to the neighborhood, or otherwise detrimental to the public welfare.

8) In granting any variance, the Board of Adjustment may prescribe additional appropriate conditions and safeguards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Article 19 of the ordinance.

9) Under no circumstances shall the Board of Adjustment grant a variance to allow use not authorized under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

SECTION 1204: BOARD HAS POWERS OF ADMINISTRATIVE OFFICIAL ON APPEALS, REVERSING DECISION OF ADMINISTRATIVE OFFICIAL:

In exercising the above-mentioned powers, the Board of Adjustment may, modify, reverse or affirm in whole or part, the order, requirement, decision, or determination appealed from, and to that end shall have the powers of the Administrative Official from whom the appeal is taken.

The concurring vote of three-fourths of all members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to grant a variance pursuant to this ordinance.


ARTICLE 16 - AMENDMENTS

The regulations, restrictions and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed, provided however that no such action may be taken until after a public hearing by the Planning and Zoning Commission and City Commission in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published ten (10) days prior to the date of the meeting.

In addition to the published notice of a proposed change in the district boundaries, notice of the time and place of such hearing shall also be given by the posting of not less than two signs provided by the City in affected area containing a notice of the time, place and purpose of the proposed hearing. The signs shall be located in a conspicuous place on or near the property upon which the application for rezoning is made. Said sign is to remain on the property under consideration no less than ten (10) days immediately prior to the hearing.

When a proposed amendment affects the zoning classification of property, and in case a written protest is filed with the Municipal Finance Officer signed by the owners of at least forty (40) percent of the aggregate area of the lots included in any proposed district, and the lots or parts of lots within two hundred fifty (250) feet from any part of such proposed district, the ordinance does not become effective unless the ordinance is approved by a vote of two-thirds (2/3) of the city commission.

Dated at Canton, South Dakota this 27th day of December, 2004.


BOARD OF COMMISSIONERS
CITY OF CANTON, SOUTH DAKOTA

By: Pete Van Wyhe, Mayor

ATTEST:

Dan Amert - Municipal Finance Officer

First Reading: November 29, 2004
Second Reading: December 27, 2004
Adoption: December 27, 2004
Published: January 6, 2005
Effective Date: January 26, 2005


REQUEST FOR EXTENSION – COMMUNITY ACCESS GRANT

Finance Officer Amert presented forms from the SD DOT to allow for an extension of the Community Access Grant for Hiawatha Drive. Mr. Amert said the extension in time will give the City the time to complete all paperwork involving the Grant. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to authorize the Mayor to sign the Extension forms for the City’s Community Access Grant for Hiawatha Drive. All ayes, motion carried.


PAY REQUEST #9 – 2003 CITY UTILITIES PROJECT

Finance Officer Amert presented Payment #9, Change Order #4 and Engineer’s Completion for the 2003 Canton Utilities project. Mr. Amert said that City Engineer Myron Adam has checked all of the associated documents and is prepared them for the City to approve. Mr. Amert said that Payment #9 is for $25,001.30 to Upper Plains Contracting. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize the Mayor to sign the aforementioned documents for the 2003 Canton Utilities project. All ayes, motion carried.


SECOND READING OF ORDINANCE 908 – 2004 SUPPLEMENTAL ORDINANCE

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve Ordinance 908 (2004 Supplemental Appropriations Ordinance) on Second Reading. All ayes, motion carried.

ORDINANCE NUMBER 908
2004 SUPPLEMENTAL APPROPRIATION

A SUPPLEMENTAL APPROPRIATION ORDINANCE of the City of Canton, South Dakota for the period beginning January 1, 2004 and ending December 31, 2004.

BE IT ORDAINED by the City Commissioners of Canton, South Dakota:

SECTION I: That there be and hereby is supplemental appropriation by the City Commission of the City of Canton, South Dakota of the year commencing the first day of January, 2004, the following sums of money for the purpose and liabilities of the City of Canton:

City Commission 65.00 (Wages and Social Security)

Elections 805.00 (Secondary Election Costs)

Finance Office 13,934.00 (Grant for Computer Equipment to CEDC, Wages)

Public Buildings 119,201.00 (Use of CDGB Grant from 2003 for Fire Station, Project Costs, Repairs and Maintenance)

Police 8,315.00 (Grant Fund Reimbursement)

Parks and Park Area 14,400.00 (Wages, Repairs and Trees)

Economic Development 5,610.00 (Pass Through of Xcel Funding for Community
Development Position, Brochures)

State Revolving Fund 78,646.00 (Professional Services, Project Costs to be
Project Fund Reimbursed)

Canton Depot 66,566.00 (Project Costs to be Reimbursed through HUD
Restoration Project Grant)
Fund

Liquor Fund 56,364.00 (Underestimation of Liquor and Beer Purchases, Writing
Off of Bad Checks)

Airport Fund 7,455.00 (Purchases for Aviation Fuel)

Water Deposit Fund 34.00 (Underestimation of Water Deposit Refunds)


SECTION II: Whereas, this ordinance is necessary for the immediate preservation, support, and functioning of the Municipal Government and its existing public institutions, an emergency is hereby declared to exist and this Ordinance takes effect upon the adoption and publication thereof.

SECTION III: That all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.


Board of Commissioners
City of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert, Finance Officer

First Reading: December 6, 2005
Second Reading: December 27, 2004
Adoption: December 27, 2004
Publication: January 13, 2005
Effective Date: January 13, 2005


REQUEST FOR INCREASE IN RETAIL MALT BEVERAGE LICENSES

Finance Officer Amert asked if he was to start working on drafting an Ordinance to change the Malt Beverage cap. Commissioner Bogue said that he’d like to see a change. Commissioner Baldwin said that he’d like to see the cap raised by 1 or 2 rather than lift the Malt Beverage cap completely. The Commission requested to see if SECOG has any recent population projection changes to see how much the City has grown recently. Discussion followed.


REVIEW OF CANTON GUN CLUB LEASE

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to table action on reviewing the Canton Gun Club lease. All ayes, motion carried.


REVIEW OF PERSONNEL MANUAL

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table action on reviewing the Personnel Manual until review is completed with the City department heads. All ayes, motion carried.


STREET LIGHT AT 5TH AND CEDAR

Commissioner Chaon questioned when the replacement street light for 5th and Cedar. Finance Officer Amert said that Muth Electric had told him the last date the light would be delivered is January 12th. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


LETTER TO THE EDITOR – CHRISTMAS LIGHTS

Commissioner Nelson said that he wanted to raise the issue of the positioning of the new Christmas lights on the new decorative lights. Lisa Alden said the original purpose of turning the lights was due to the closeness of truck traffic along US 18 along with the size of the Christmas light wreaths. Discussion followed. Commissioner Nelson was appointed to the Christmas Decoration Improvement Task Force by the other Commissioners. Ms. Alden said that she is working to help the Lincoln County Courthouse to help with decorating their building for the Holidays.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into an Executive Session for pricing strategies. All ayes, motion carried.

Executive Session began at 7:49 p.m.
Mayor Van Wyhe ended Executive Session at 8:20 p.m.


APPROVAL OF LEASE – SEWER JETTER/VACUUM MACHINE

Commissioner Nelson and Finance Officer Amert presented a proposal to trade in the City’s Sewer Jetter and Sewer Vacuum machines for a combined 1993 Sewer Jetter/Vacuum machine. Commissioner Nelson explained that the machine can not only clear Sewer lines, but can also suck out and clear Storm Sewer inlets and lines for leave and other debris. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the proposed Lease for a 1993 Sewer Jetter/Vacuum machine to the City of Canton with Northland Capital Finance. All ayes, motion carried.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:25 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

 

BACK TO TOP


MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 20, 2004


The Canton City Commission met at City Hall on Monday, December 20, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert, Bogue and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the December 13, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said that the minutes of the December 16, 2004 Mayor’s Pool Task Force was in front of the Commissioners to review.

Commissioner Chaon arrived at 7:02 p.m.


JOHN AND LORI LEMS – REQUEST FOR RETAIL MALT BEVERAGE LICENSE

John and Lori Lems, owners of Pump N Pak and Pump and Go Video, were present to request the City Commissioners review lifting the City’s cap on Malt Beverage licenses. Lori explained that they were intending to put in a small casino in the rear of the Pump N Go Video Store to help bring in another source of revenue to their store. Lori said that they had no major problems with the Video Lottery at their store at 110 West Fifth Street. Commissioner Nelson expressed a concerned with parking in and around the building. Chuck Andresen of the Planning and Zoning Commission said that City Zoning Ordinance dictates that the parking is based on the square footage of a building. Lori Lems said that she didn’t think a problem would exist with parking due to the parking along the street near the building and that people could park in front of the building after Hoffman Oil closes at 6:00 p.m. Lori Lems stated that she was considering having 5-6 machines in the place. Discussion followed on the present Malt Beverage license cap.

Commissioner Bogue said that he was willing to consider the request, since the business offers Diesel fuel. Commissioner Nelson asked to refer the parking issue to Planning and Zoning and to have the City Commission review their Malt Beverage license cap issue. The Commission agreed to Commissioner Nelson’s request. Commissioner Baldwin questioned if the Lems had a time line. Lori Lems said that she has no set time line at this time but wants to move forward.


POOL TASK FORCE – DISCUSSION OF SITE

Doug Pederson, Lisa Alden, Leon Eich and Karen Leffler, representing the Canton Pool Task Force, were present to discuss possible sites for a future Pool. Mr. Eich stated that the proposed alternative site, southeast of EO Lawrence Grade School and north of the City’s ball diamonds in Kennedy Park. Mr. Eich said that the City has two lots at the location and that Keystone Treatment is willing to donate 8 lots to the City, but only for a new Pool. Mr. Eich said the donated lots and adjacent closed streets will create an area of 316’ X 330’, which offers the firm of SEH room to make a better choice. Mr. Eich said that the alternative site will be less congestion during construction, would not have to close the Pool for a year and could work with the School District on a cost share for a new parking lot. Discussion followed on the parking and access issues involving the School District.

Commissioner Nelson said that he is concerned with the alternative site due to storm drainage issues and access to the alternative site. Commissioner Nelson said that he’s seen a creek run through that area and could be a natural spring in that area. Doug Pederson said that there is a drainage problem over the present Pool. Commissioner Nelson said the City may need to get signed paperwork or releases from the local residents near the alternative site that they do not mind having the Pool near their property. Commissioner Nelson said that he’d like to see the City get this right and not rush into this. Commissioner Nelson said that if to evaluate the sites, if the City has to spend for surveys of two sites will spend the funds. Commissioner Nelson said that he’d also like to talk to Keystone Treatment Center Executive Director Carol Regier to make sure that all is in order with Keystone.

Commissioner Baldwin questioned if the property size is sufficient for the Pool. Mr. Eich said yes. Commissioner Nelson said that the City should also consider other options to this project on the alternative site, including curb and gutter and punching Elder Street to the east to make a second access to and from Christmas Lake. Commissioner Bogue stated that Keystone may not want to go that way with putting Elder Street through. Commissioner Bogue said that when Keystone moved the water line for their new addition on the west side, there was a lot of water from the park. Commissioner Baldwin said that he’d like to see if the alternative site sounds OK, but the Topography study should be done first before any land is transferred or gifted. Commissioner Bogue questioned if there was enough land for any future expansion of a Pool or would they be locked into the site. Lisa Alden said that the Task Force is planning a Pool to be built for today and also for growth over the next 20 years. Commissioner Bogue asked the Task Force members present if the public would be willing to live without a Pool for one year. Doug Pederson said that the City would catch guff about having a closed Pool. Karen Leffler said that many families depend on the Pool to entertain their children. Commissioner Bogue said that, in his opinion, it is a small price to pay to have the Pool closed for one summer in exchange for the future facility. Further discussion followed on future development on Parks in Canton and cooperative working with the Canton School District on a multi-use facility.

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize the City to have topography studies completed on the 2 proposed locations. All ayes, motion carried. Commissioner Chaon said that the City needs to plan for what is needed. Commissioner Nelson said that he wants to see things done right, including streets, curb and gutter. Lisa Alden said that the Task Force wants to do it right also. Chuck Andresen questioned if the Topographical studies included test borings. Further discussion followed.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into an Executive Session for a personnel matter. All ayes, motion carried.

Executive Session began at 7:46 p.m.
Mayor Van Wyhe ended Executive Session at 8:42 p.m.


RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into a Recess. All ayes, motion carried.

Recess began at 8:43 p.m.
Recess ended at 8:51 p.m.

Mayor Van Wyhe left at 8:44 p.m.


APPOINTMENT OF ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to appoint Commissioner Chaon as Acting President of the Board of Commissioners. All ayes, motion carried.


REVIEW OF PERSONNEL MANUAL

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table action on reviewing the Personnel Manual for one week. All ayes, motion carried.


WATER AND SEWER RATES

Finance Officer Amert said that he has been working on possible rate increases for water and sewer to meet the expected budgeted figures for 2005. Mr. Amert said that he may discuss the issue at next week’s meeting.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


2-WAY STOP SIGNS

Acting President Chaon requested to change the 4-Way Stop at Kidder and 2nd from 4-Way to 2-Way for the winter months. The Commission agreed to the request.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 9:06 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (December 20, 2004)

GENERAL FUND: Farmers State Bank, 13644.11, payroll; First American Bank & Trust, 2708.10, social security; First American Bank & Trust, 1456.71, federal withholding; AFLAC, 678.30, insurance premiums; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 90.70, Section 125 premiums; Landmark Dental, 172.17, dental insurance; New York Life, 39.64, life insurance premium; Pre-Paid Legal Services, 150.47, insurance premiums; SDRS, 4520.63, retirement; SDRS SRP, 46.82, supplemental retirement; Alco Discount Store #210, 68.98, supplies for Library; Audio Editions, 73.45, books for Library; Baker and Taylor, 810.97, books for Library; Computers Ta Boot, 80.00, computer work at Library; Demco, 289.24, supplies for Library; Gale Group, 145.41, books for Library; KB’s True Value, 31.14, supplies for Library; Learning Opportunities, 407.65, books for Library; Midwest Copier Solutions, 4450.00, new copier for Library; Office Max, 95.94, office supplies for Library; Recorded Books LLC, 108.60, books for Library; RR#1 Services, 111.97, mat maintenance and supplies; Thomson Gale, 864.00, book order for Library; Bid-Well, 42.00, steel for snow removal; Boyer Ford Trucks, 178.11, parts for Shop; Brown and Saenger, 67.20, office supplies; Canton Area Commerce Association, 2500.00, second ½ of 2004 contribution; Canton Fire Department, 4500.00, 2004 fire allowances; Canton-Inwood Ambulance Association, 144.06, payment for electrical work at offices; Cellular One, 49.40, cellular phone services; Continental Research Corporation, 65.97, Shop supplies; Dakota Filter Service LLC, 151.46, filter maintenance; Dakota Riggers and Tool Supply, 15.58, Shop supplies; Empire Business Systems, 282.75, 1099 and W2 forms; Fleet Pride, 244.88, Shop supplies; Frieberg Zimmer Duncan and Nelson LLP, 587.00, attorney fees; Graham Tire Company, 5332.06, 2004 tires order; Graybar Electric, 189.92, batteries for Library emergency lights; Russ Heggen, 137.69, reimbursement for tools – Rescue Services; Iowa Office Supply, 2.22, office supplies; Lincoln County Weed Department, 153.66, weed spraying at Rubble Site; Lyle Signs, 35.82, replacement signs; M & T Fire and Safety, 550.00, cutter blades for Rescue Services; MidAmerican Energy, 624.20, natural gas; Office Interiors, 84.44, office supplies; Office Max, 56.73, office supplies; Pam Companies, 110.10, kerosene order; Prairie Wave, 49.18, telephone services; Qwest, 229.00, telephone services; RDO Equipment, 1229.00, J-hooks for snow plow; John or Melissa Schutte, 117.00, overpayment of Rubble Site invoice; Sioux Falls Business Journal, 41.31, magazine subscription; Staples, 35.20, printer cartridge; Verizon Wireless, 50.46, cellular phone service; Zep Manufacturing, 50.81, Shop supplies.


DEBT SERVICE FUND: First National Bank in Sioux Falls, 8202.34, Payment #45 on 1992 SRF loan.


CANTON DEPOT RESTORATION PROJECT FUND: Canton Depot Foundation, 65520.56, payment on HUD grant for work completed at Depot.


LIQUOR FUND: Farmers State Bank, 2838.52, payroll; First American Bank & Trust, 560.26, social security; First American Bank & Trust, 336.07, federal withholding; AFLAC, 14.30, insurance premiums; Colonial Insurance, 6.80, insurance premiums; FSA Section 125, 5.60, Section 125 premiums; Landmark Dental, 16.90, dental insurance; Pre-Paid Legal Services, 7.43, insurance premiums; SDRS, 807.22, retirement; RR#1 Services, 128.45, mat maintenance and supplies; Jerry’s Appliance Service, 66.71, emergency repairs to beer cooler; MidAmerican Energy, 53.96, natural gas; Prairie Wave, 46.33, telephone services.


WATER FUND: Farmers State Bank, 2828.64, payroll; First American Bank & Trust, 564.76, social security; First American Bank & Trust, 321.35, federal withholding; AFLAC, 74.50, insurance premiums; Colonial Insurance, 14.10, insurance premiums; FSA Section 125, 14.98, Section 125 premiums; Landmark Dental, 47.27, dental insurance; New York Life, .36, life insurance premium; Pre-Paid Legal Services, 29.39, insurance premiums; SDRS, 807.87, retirement; SDRS SRP, 10.68, supplemental retirement; Lincoln County Treasurer, 10000.00, purchase of Tax Deed Properties – 212 West 9th and 429 South Cedar; RR#1 Services, 13.74, supplies; Boyer Ford Trucks, 62.25, parts for Shop; Cellular One, 24.70, cellular phone services; Continental Research Corporation, 32.98, Shop supplies; Dakota Filter Service LLC, 75.74, filter maintenance; Dakota Riggers and Tool Supply, 7.78, Shop supplies; Fleet Pride, 122.44, Shop supplies; Good-Land Pump Service, 13753.89, booster pump and well work at #8 well; Graham Tire Company, 2040.00, 2004 tires order; Hammond-Wetmore Drilling, 10000.00, payment #1 on repairs to #10 well; Hawkins Chemical, 1229.53, chlorine and chemicals; Kenny Short Excavating, 3085.50, excavating work for water line; MidAmerican Energy, 337.93, natural gas; Monroe Systems, 58.00, calculator maintenance for Billing; National Information Data Center, 24.45, new ZIP code books; Pam Companies, 55.04, kerosene order; Postmaster, 17.85, postage from Corporate Account; Prairie Communications, 2305.00, SCADA Computer equipment order; Prairie Wave, 24.59, telephone services; Qwest, 350.27, telephone services; Schwaab, 32.25, date stampers for Billing; SD DENR, 42.00, Operator renewal fees; SD Department of Health, 36.00, lab testing fees; Zep Manufacturing, 25.41, Shop supplies.


SEWER FUND: Farmers State Bank, 2169.65, payroll; First American Bank & Trust, 437.96, social security; First American Bank & Trust, 261.50, federal withholding; AFLAC, 62.84, insurance premiums; Colonial Insurance, 12.78, insurance premiums; FSA Section 125, 8.22, Section 125 premiums; Landmark Dental, 40.73, dental insurance; Pre-Paid Legal Services, 26.91, insurance premiums; SDRS, 722.80, retirement; SDRS SRP, 7.50, supplemental retirement; First National Bank in Sioux Falls, 3269.46, Payment #45 on 1992 SRF loan; RR#1 Services, 13.74, supplies; Boyer Ford Trucks, 62.25, parts for Shop; Cellular One, 24.70, cellular phone services; Continental Research Corporation, 32.98, Shop supplies; Dakota Filter Service LLC, 75.74, filter maintenance; Dakota Riggers and Tool Supply, 7.78, Shop supplies; Fleet Pride, 122.44, Shop supplies; Graham Tire Company, 840.00, 2004 tires order; Lincoln County Weed Department, 153.66, weed spraying at Sewer lagoons; MidAmerican Energy, 202.07, natural gas; Monroe Systems, 58.00, calculator maintenance for Billing; National Information Data Center, 24.45, new ZIP code books; Pam Companies, 55.04, kerosene order; Prairie Communications, 2305.00, SCADA Computer equipment order; Prairie Wave, 24.59, telephone services; Schwaab, 32.25, date stampers for Billing; SD DENR, 42.00, Operator renewal fees; Zep Manufacturing, 25.41, Shop supplies.


AIRPORT FUND: Eastern Farmers Cooperative, 274.53, overpayment of Corn sales.

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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 13, 2004


The Canton City Commission met at City Hall on Monday, December 13, 2004 at 7:00 p.m. with the following members present: Commissioners Robert, Bogue, Todd Baldwin and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Mayor Pete Van Wyhe and Commissioner Jerry Chaon


APPOINTMENT OF ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to appoint Commissioner Nelson as Acting President of the Board of Commissioners. All ayes, motion carried.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the minutes of the December 8, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said that the minutes of the December 9, 2004 Mayor’s Pool Task Force was in front of the Commissioners to review.


PAYMENT OF BILL ON BROCHURES

Lisa Alden asked if the City had reviewed the statement for the cost of the Canton Brochures. Commissioner Baldwin said the City approved the payment of the 1/3 share of the City’s share at last week’s meeting.


REVIEW OF PERSONNEL MANUAL

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table action on reviewing the Personnel Manual for one week. All ayes, motion carried.


FIRST READING OF ORDINANCE 908 – 2004 SUPPLEMENTAL APPROPRIATION

Finance Officer Amert asked for First Reading of Ordinance 908. Mr. Amert said that Ordinance 908 will be for Supplemental Appropriations for the end of 2004. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve Ordinance 908 on First Reading. All ayes, motion carried.


CROSSING THE STREET

Commissioner Bogue said that he was contacted about the problems with people not respecting the crosswalks, especially the County Sheriff’s office in a specific incident. Commissioner Bogue said that he’d like to see people respect the persons in the crosswalks and be guarded better. Acting President Nelson said the recent change to the signage along US 18 will not help in enforcing the people crossing the street. Marie Beitzel said that people will not stop at the crosswalks. Commissioner Bogue asked if the State DOT could help with better enforcement. Discussion followed. The Commission requested to having an ad placed in the Sioux Valley News to remind residents to respect the people in the crosswalks.


SET 2005 FUEL BID OPENING

Finance Officer Amert asked to set the 2005 Fuel Bid for January 3, 2005 at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the 2005 Fuel Bid for January 3, 2005 at 7:15 p.m. All ayes, motion carried.


HIAWATHA DRIVE

Finance Officer Amert said that the issue with the signs along Hiawatha Drive is due to the signs making a drifting issue during winter storms. Discussion followed.

EXECUTIVE SESSION

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into an Executive Session for a legal matter with the City Attorney. All ayes, motion carried.

Executive Session began at 7:15 p.m.
Acting President Nelson ended Executive Session at 7:27 p.m.


APPROVAL TO PAY BILLS FROM HUD GRANT – DEPOT FOUNDATION

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize the Finance Officer to approve the payment of bills to the Canton Depot Foundation for the amount of $64,303.01 from the City’s $134,000 HUD Grant to be used for the restoration of the Canton Depot. All ayes, motion carried.


EXECUTIVE SESSION

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into an Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 7:30 p.m.
Acting President Nelson ended Executive Session at 7:55 p.m.


ADJOURNMENT

Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned 7:56 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 8, 2004


The Canton City Commission met at City Hall on Wednesday, December 8, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioners Robert Bogue and Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the November 29, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said that the minutes of the December 2, 2004 Mayor’s Pool Task Force was in front of the Commissioners to review.


7:00 P.M. – CONDITIONAL USE PERMIT HEARING FOR TODD ESCHE

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Todd Esche at his property located at 513 West Fifth Street. Finance Officer Amert said this request is to allow for living quarters in the B-2 zoning district. Mayor Van Wyhe read that the Planning and Zoning Commission approved the CUP request with the condition that the property has not outside storage and is kept clean. Commissioner Baldwin asked if anyone was present to speak against the request. No one spoke against the request. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the CUP request for Mr. Esche. Ayes, motion carried. Discussion followed.

RON LUNDE – CANTON ASSEMBLY OF GOD

Ron Lunde, a member of the Canton Assembly of God church, was present to request for the church a Handicapped parking space in front of the church at 3rd and Cedar. Mr. Lunde said that the church was requesting the parking spot on the 3rd Street side. Discussion followed on location of the Handicapped Sign. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the request for the Handicapped Parking spot for the Canton Assembly of God church. All ayes, motion carried. Finance Officer Amert said that he’d have Public Works Superintendent Palmer Ericksen contact Mr. Lunde about the proper location for a Handicapped sign.


PROCLAMATION – SADIE HAMMERSTROM DAY

Mayor Van Wyhe read the following Proclamation:

Proclamation of the
City of Canton, South Dakota

“Sadie Hammerstrom Day”

Whereas, Sadie Hammerstrom was born to Dick Kuper and Sadie (Bulthouis) Kuper on December 9, 1904 in Lennox, South Dakota as one of twelve siblings, and;

Whereas, Sadie worked at home raising her four children: Elva, Elda, Duane and Luverne with her husband Edward, whom she married on September 2, 1925 and;

Whereas, in 1952, Sadie was a Lincoln County deputy sheriff for her husband. In 1954, Sadie became the first female sheriff in Lincoln County for two years, at that time her husband was deputy. Sadie wore a badge, but never carried a gun, and;

Whereas, Sadie was honored February 9, 2000 at the South Dakota State Capitol for being the oldest retired sheriff in South Dakota, and;

Whereas, Sadie has been involved with RSVP, Eastern Star, Extension Club, and B.P.W. Sandie enjoys crocheting, knitting, crossword puzzles, watching baseball on TV, bowling, playing piano, and her family of 10 grandchildren, 21 great grandchildren and 5 great great grandchildren, and;

Whereas, Sadie turns 100 years old on December 9, 2004 and her family is celebrating her birthday on December 11th at an open house at the Canton Lutheran Church.

Now, Therefore, I, Pete Van Wyhe, Mayor of the City of Canton, South Dakota, do hereby proclaim Saturday, December 11, 2004 as “Sadie Hammerstrom Day” and urge our community to recognize her achievements and celebrate her 100 years.

Dated this 8th day of December, 2004.

Pete Van Wyhe
Mayor
City of Canton, South Dakota

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the Proclamation. All ayes, motion carried.


CONCEPTUAL DESIGN AGREEMENT – CITY AND SEH

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the Conceptual Design Agreement between the City and SEH Engineering for conceptual design work on the proposed new Canton Pool. All ayes, motion carried.


POOL MEETING

Mayor Van Wyhe said the next meeting of the Mayor’s Pool Task Force will be on December 9th at Noon at the Canton Library.


APPROVAL – FLY BANNERS ALONG HIAWATHA DRIVE

Finance Officer Amert presented a proposal from Canton-Inwood Hospital to place 3 flag banners representing the Hospital, Clinic and Assisted Living Center on three of the street light poles along Hiawatha Drive leading to their facilities. Mr. Amert said that the Hospital has assured they will do all maintenance and care of the banners. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the request. All ayes, motion carried.


WARRANTS

Motion made by Commissioner Baldwin, seconded by Commissioner Nelson to approve the warrants. All Ayes, motion carried.


VERIZON OPEN HOUSE

Finance Officer Amert reported that the Verizon Site Celebration open house for December 13th has been postponed.


TRAVEL REQUEST - AMERT

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve travel for Finance Officer for the SDML Legislative meetings in Pierre on February 1 and 2. All ayes, motion carried.


INDUSTRIAL PARK EXPANSION

Finance Officer Amert said that the Canton Economic Development Association is reviewing the cost estimates from City Engineer Myron Adam to extend services into the new Industrial Site.


GOODWILL TRUCK

Mayor Van Wyhe said that the Goodwill Truck will be in Canton the week of December 20th.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into an Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 7:20 p.m.
Mayor Van Wyhe ended Executive Session at 7:44 p.m.


CANTON BROCHURES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve sharing 1/3 of the cost of the new Canton Brochures with the Canton Area Commerce Association and the Canton Development Corporation, for a total cost of $573.63. All ayes, motion carried.

OPEN HOUSE AND CHRISTMAS DECORATIONS

Commissioner Baldwin wanted to publicly thank Judy Hemmingson, Karen Leffler and Shari O’Connor at City Hall for the beautiful work in decorating City Hall for the Christmas season. The Commission agreed with Commissioner Baldwin.


ADJOURNMENT

Motion made by Commissioner Baldwin, seconded by Commissioner Nelson to adjourn. All ayes, motion carried.

Meeting adjourned 7:45 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 29, 2004


The Canton City Commission met at City Hall on Monday, November 29, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue, Todd Baldwin, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the November 22, 2004 City Commission meeting as presented. All ayes, motion carried.


VERIZON REQUEST FOR OPEN HOUSE

Community Coordinator Lisa Alden informed the Commission that Verizon would like to have the December 13th meeting be the Site Celebration open house to celebrate the Verizon Tower activation in Canton. Ms. Alden said that the proposed Celebration would be similar to the recently held Celebration for Cellular One during the City Commission meeting (7:00 p.m. to 7:30 p.m.)


PROPOSED ORDINANCE 907 – FIRST READING

Finance Officer Amert presented Ordinance 907 for First Reading. Mr. Amert said the changes to the Zoning Ordinance proposed in Ordinance 907 would be for publication requirements changed from 15 days to 10 days. Discussion followed. Mr. Amert asked for approval of Ordinance 907 on First Reading. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve Ordinance 907 on First Reading. All ayes, motion carried.


SCHEDULE JOINT MEETING WITH PLANNING AND ZONING COMMISSION – SECOND READING AND APPROVAL OF ORDINANCE 907

Finance Officer Amert asked to schedule a joint hearing with the City Commission and the Planning and Zoning Commission to review and approve Ordinance 907 on Second Reading. Mr. Amert asked to schedule the Joint Hearing for Monday, December 27th at 7:10 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to schedule the Joint Meeting & Hearing for Monday, December 27th at 7:10 p.m. All ayes, motion carried. Discussion followed.


RUBBLE SITE ISSUES

Motion moved by Commissioner Chaon, seconded by Commissioner Baldwin to have the Canton Rubble Site goes to Winter Hours (Tuesdays and Saturdays from 8 a.m. to 5 p.m.) starting the week of December 6th. All ayes, motion carried.

Karen Leffler said that the Leaf Drop Off site at the City Public Works is done for this year. Commissioner Nelson said that he received many compliments on the City having the drop off facility open during most of the year. Ms. Leffler said the Canton Rubble Site still takes leaves during their regular hours. Commissioner Nelson requested the City run an ad to remind residents that the Rubble Site is now on Winter Hours and that the Drop Off Site behind the City Public Works is closed for the winter. The Commission agreed to the request.


PLANNING AND ZONING MINUTES

Chuck Andresen of the Canton Planning and Zoning Commission presented their Commission minutes of their November 23rd meeting for the City Commission to review before the upcoming scheduled hearings.


7:10 P.M. – 2005 LIQUOR LICENSES

Mayor Van Wyhe opened the hearing on the 2005 Liquor Licenses. The following businesses have applied for licenses in 2005:

APPLICANT ADDRESS TYPE OF LICENSE

BLACK ANGUS 215 EAST FIFTH RETAIL LIQUOR

APPLICANT ADDRESS TYPE OF LICENSE

F.B. MAC'S 223 EAST FIFTH RETAIL LIQUOR

HIAWATHA GOLF CLUB EAST HIGHWAY 18 RETAIL LIQUOR

CANTON VFW POST #3164 208 SOUTH MAIN RETAIL LIQUOR

POWERHOUSE LOUNGE 113 SOUTH MAIN PACKAGE LIQUOR
RETAIL LIQUOR

Commissioner Bogue asked if all invoices were paid to date and all property taxes were paid to date. Finance Officer Amert said that no invoices were outstanding and all property taxes were paid to date. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the license application for 2005. All ayes, motion carried.


PERSONNEL MANUAL

Finance Officer Amert presented the latest draft of the City’s Personnel Manual for the Commission to review. Mr. Amert said that changes suggested by Assistant City Attorney Brenda Ask were highlighted. Discussion followed. Mr. Amert asked to schedule time at the December 13th meeting to discuss the recent changes. The Commission agreed to the request.


TRAVEL REQUEST – STREET AND CULVERT CONSTRUCTION

Commissioner Chaon motioned to send Jeff Fossum and Palmer Ericksen to a Street and Culvert Construction workshop in Yankton on December 16th sponsored by SDSU. Motion seconded by Commissioner Baldwin. All ayes, motion carried.


WARRANTS

Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants on the table. All Ayes, motion carried.


MAYOR’S POOL TASK FORCE UPDATE

Mayor Van Wyhe said that Steve Robinson of Short Elliott Hendrickson Inc. met with members of the Pool Task Force earlier on November 29th, to look over the proposed site and to see what would need to be moved. Mayor Van Wyhe said that another meeting of the Task Force is scheduled for December 2nd. Commissioner Nelson questioned if the Pool would be too close to the City street intersection (2nd and Kidder). Mayor Van Wyhe stated that according to SEH, it would not be too closed and that other issues at the site will need to be reviewed first. Mayor Van Wyhe said that he’d hope to have a couple of different plans back by the end of December.


7:15 P.M. – JOINT HEARING WITH PLANNING AND ZONING COMMISSION – RE-ZONE REQUEST FOR QUARRYSTONE GREENHOUSE

Mayor Van Wyhe opened the Joint Hearing with the Planning and Zoning Commission to review a Re-Zone request from Quarrystone Greenhouse to change part of their property from A-1 to B-2. Arlyn Kruger of Quarrystone explained that the proposed change is to allow them to open a specialty bakery and coffee shop at their new building on Fifth Street. Mayor Van Wyhe read that the Planning and Zoning Commission approved the Re-Zone request. Chuck Andresen of the Planning and Zoning Commission asked if the 2nd floor of the new building was being used for Residential. Mr. Kruger said that it was. Mr. Andresen reminded Mr. Kruger that a Conditional Use Permit (CUP) would need to be filed for the property to allow for residential quarters on the 2nd Floor. Commissioner Bogue asked if anyone was present to speak against the Re-Zone request. No one spoke against the request. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Re-Zone request for Quarrystone Greenhouse. All ayes, motion carried.


LETTER OF RESIGNATION – HAMILTON

Commissioner Baldwin said a letter of resignation has been received by the City from part-time Police Officer David Hamilton. Commissioner Baldwin said that Officer Hamilton has been hired by the Sioux Falls Police Department and will not be able to work for the City of Canton. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to accept with regret the resignation of Mr. Hamilton. All ayes, motion carried.


SPEED SIGN – POLICE TRAFFIC CONTROL

Commissioner Baldwin said that after consulting with Chief of Police Al Warnock, he’d like to proceed to purchase a Speed Sign for the City of Canton that can be used to track traffic speeds. Commissioner Baldwin said that he’d like to use Lottery Income funds to pay for the estimate $4,000 in costs. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to allow the Police Department to purchase a Speed Sign and to have the City utilizes Lottery Income funds to pay for the Speed Sign. All ayes, motion carried.

Commissioner Chaon questioned the issue of traffic and having the Police conduct more enforcement of the laws. Commissioner Baldwin said the new Speed Sign should raise awareness of the passengers passing through Canton of the problem. Commissioner Bogue suggested another way for awareness is through speeding tickets. Discussion followed.


7:20 P.M. – RE-ZONE HEARING FOR COLONIAL VILLAGE

Mayor Van Wyhe opened the Re-Zone hearing for Colonial Village at 903 West Fifth Street. Finance Officer Amert said this request is to Re-Zone their property from R-2 to R-3 for the type of housing facility located there. Mayor Van Wyhe read that the Planning and Zoning Commission approved the Re-Zone request. Commissioner Bogue asked if anyone was present to speak against the Re-Zone request. No one spoke against the request. Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve the Re-Zone request for Colonial Village. All ayes, motion carried.


AD FOR PAPER

Commissioner Nelson asked to have the City run an Ad in the Sioux Valley News to remind residents to get their boats, campers, trailers and other vehicles off the City streets due to the upcoming winter. The Commission agreed to the request. Discussion followed.


BIG SIOUX RIVER CORRIDOR MEETING

Finance Officer Amert said that he recently attended a Big Sioux River Corridor meeting in Hawarden, Iowa. Mr. Amert said that everyone in attendance wanted to thank the City at the City staff who was able to put up the signs leading to Chautauqua Park and to the landing for the Big Sioux River.


STOPPING FOR PEDESTRIANS

Commissioner Chaon questioned that when the new stop light at 5th and Dakota was installed in 2003, there was no provision for a crossing button going West and East across Dakota Street for pedestrian traffic. Commissioner Baldwin said that to his estimate, 75% of the time, people respect the pedestrian crossing. Commissioner Chaon asked if the State could be contacted as to why this feature was not installed with the new stop light. Finance Officer Amert said that he’d contact Scott Jansen at the SD DOT to see what could be done at 5th and Dakota. Karen Leffler said that new signage was put up last week for the pedestrian crossings in the downtown area.


STOP LIGHT AT ELDER AND DAKOTA

The Commission discussed options on how to improve the light at Elder and Dakota Street to qualify as a correct stop light. Discussion followed. Finance Officer Amert said that he’d contact Scott Jansen at SD DOT for his opinion on how to make the stop light at the intersection correct.


7:25 P.M. – RE-ZONE HEARING FOR JIM JONES (CEDAR MANOR)

Mayor Van Wyhe opened the Re-Zone hearing for Jim Jones for the Cedar Manor Apartments at 123 West 1st. Finance Officer Amert said this request is to Re-Zone their property from R-2 to R-3 for the type of housing facility located there. Mayor Van Wyhe read that the Planning and Zoning Commission approved the Re-Zone request. Commissioner Bogue asked if anyone was present to speak against the Re-Zone request. No one spoke against the request. Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve the Re-Zone request for Mr. Jones at the Cedar Manor Apartments. All ayes, motion carried. Mr. Jones asked what an R-3 definition was. Finance Officer Amert said the R-3 zoning is for properties above 5 dwelling units such as apartment buildings, in-patient treatment centers, nursing homes and assisted living facilities


7:30 P.M. – RE-ZONE HEARING FOR JIM JONES (VILLA MANOR)

Mayor Van Wyhe opened the Re-Zone hearing for Jim Jones for the Villa Manor Apartments at 912 and 916 East Third. Finance Officer Amert said this request is to Re-Zone their property from R-2 to R-3 for the type of housing facility located there. Mayor Van Wyhe read that the Planning and Zoning Commission approved the Re-Zone request. Commissioner Bogue asked if anyone was present to speak against the Re-Zone request. No one spoke against the request. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Re-Zone request for Mr. Jones at the Villa Manor Apartments. All ayes, motion carried.


INDUSTRIAL PARK EXPANSION

Finance Officer Amert said that he is working with the Canton Economic Development Association to find out the cost to extend services into the new Industrial Site. Mr. Amert said that City Engineer Myron Adam has come up with some preliminary costs to extend water, sewer, storm sewer and the main access into the new park. Mr. Amert said the Development Association meets on December 1st and would report back on any information from that meeting.

BRIDGE INSPECTION REPORT

Commissioner Chaon reported that the City received from Clark Engineering a report on their inspection of the City’s bridge over the Beaver Creek. Commissioner Chaon read highlights from the report. Mr. Amert said the rating number on the bridge at 27 means the bridge’s rating has dropped 3 points since the last inspection. Commissioner Chaon said the main feature of the report is that the bridge is near the end of its service life. Discussion followed on the City’s proposal to the State to apply for grant funding for a new bridge or culvert system over the Beaver Creek near an extension of West Lynn Street.


7:35 P.M. – CONDITIONAL USE PERMIT HEARING FOR TODD BALDWIN

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Todd Baldwin for his property at 510 South West Street. Finance Officer Amert said this request is to allow for farm animals on the property. Mayor Van Wyhe read that the Planning and Zoning Commission approved the Re-Zone request. Commissioner Bogue asked if anyone was present to speak against the Re-Zone request. No one spoke against the request. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve the CUP request for Mr. Baldwin. Ayes 4, Nay 0, Abstain 1, motion carried. Abstain – Baldwin.


CANTON BROCHURES

The Commission reviewed the new Canton Brochures that Canton Community Coordinator Lisa Alden provided to the City. The Commission was pleased with the results of the Brochures.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into an Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 7:41 p.m.
Mayor Van Wyhe ended Executive Session at 7:51 p.m.


RESCHEDULE CITY COMMISSION MEETING

After some discussion on rescheduling next week’s City Commission meeting due both the Canton Optimist Christmas Parade and for a lack of a quorum on Monday night and Tuesday, a motion was moved by Commissioner Baldwin to reschedule the City Commission meeting for next week to Wednesday, December 8th at 7:00 p.m. Motion seconded by Commissioner Bogue. All ayes, motion carried.


ADJOURNMENT

Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned 7:59 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (November 29, 2004)

GENERAL FUND: Dan Amert, 51.29, mileage and meals expense; Aramark Uniform Services, 225.97, towel maintenance and uniform services; Brown and Saenger, 145.75, envelopes, copy paper and office supplies; Cellular One, 174.62, cellular phone services; City of Canton VISA Account, 744.72, supplies, meals and equipment; Governors Inn, 59.00, motel expense for conference; Grainger, 196.32, supplies for Shop; Johnstone Supply, 48.62, Shop supplies; MidAmerican Energy Company, 54.73, natural gas; Prairie Wave, 49.85, telephone services; Qwest, 225.00, telephone services; RR#1 Services, 213.50, mat and mop maintenance, supplies for City Shop.

STATE REVOLVING FUND LOAN PROJECT FUND: DeWild Grant Reckert and Associates, 4800.00, hydrology study for SRF project;

LIQUOR FUND: Aramark Uniform Services, 84.55, towel maintenance; City of Canton VISA Account, 38.86, postage stamps; MidAmerican Energy Company, 19.38, natural gas; Prairie Wave, 47.77, telephone services; RR#1 Services, 73.50, mat and mop maintenance.

WATER FUND: Aramark Uniform Services, 95.17, uniform services; Cellular One, 35.54, cellular phone services; City of Canton VISA Account, 131.43, stamps, supplies, meals and equipment; DeWild Grant Reckert and Associates, 762.50, engineering fees; First National Bank in Sioux Falls, 20790.05, interest payment on new SRF loans; Grainger, 98.18, supplies for Shop; Johnstone Supply, 24.31, Shop supplies; MidAmerican Energy Company, 70.79, natural gas; Postmaster, 240.50, postage for water bill mailing; Prairie Wave, 24.93, telephone services; Qwest, 345.00, telephone services; RR#1 Services, 55.95, supplies for City Shop.

SEWER FUND: Aramark Uniform Services, 95.17, uniform services; Cellular One, 35.54, cellular phone services; City of Canton VISA Account, 108.66, stamps, supplies, meals and equipment; DeWild Grant Reckert and Associates, 556.25, engineering fees; First National Bank in Sioux Falls, 25247.31, interest payment on new SRF loans; Grainger, 98.18, supplies for Shop; Johnstone Supply, 24.31, Shop supplies; MidAmerican Energy Company, 32.19, natural gas; Postmaster, 240.50, postage for water bill mailing; Prairie Wave, 24.93, telephone services; RR#1 Services, 55.95, supplies for City Shop.

AIRPORT FUND: Prairie Wave, 37.53, telephone services; Wells Fargo Bank, 50.00, Merchant Card Services account set up.

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 22, 2004


The Canton City Commission met at City Hall on Monday, November 22, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue, Todd Baldwin, and Jim Nelson. Deputy Finance Officer Karen Leffler recorded the minutes.

Absent: Commissioner Jerry Chaon.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the November 15, 2004 City Commission meeting as presented. All ayes, motion carried.

Deputy Finance Officer Leffler presented the minutes of the November 18, 2004 Mayor’s Pool Task Force for the Commissioners to review.


VERIZON REQUEST FOR OPEN HOUSE

Community Coordinator Lisa Alden informed the Commission that Verizon Representative Ms. Culver asked her to see if the Commission would allow Verizon Wireless to have an open house to celebrate the Verizon Tower activation. Discussion followed. Commissioner Nelson asked the amount of time we gave Cell-One. Cell-One had a half hour for their celebration. The Commissioners felt that the 13th of December would be the best time for the City. Mrs. Alden said she would check with Ms. Culver to set it up.


REQUEST TO HAVE THE CITY SHARE IN COST OF BROCHURES

Lisa Alden asked the Commission if the City would consider helping with the cost of the various brochures that will be available at the Depot once it is opened for business. The Chamber and other organizations that will benefit will also help with the costs. Mrs. Alden will be getting various quotes on the costs. If the City is willing, she will be back to discuss it further. The Commissioners felt that it could be considered and will wait for Mrs. Alden’s report on costs.

Mrs. Alden also requested cost sharing on the Welcome Booklet that she puts together for the City for newcomers. The Canton High School will pay for any booklets they use at the school. The cost to prepare the booklets runs about $4.00 per booklet. The cost to have a printer do it is considerably more. Mrs. Alden will present this request to the Economic Development Corporation as well as the Chamber. The Commissioners agreed that they would consider it. Mrs. Alden said that she would get all the costs figured out and what the costs would be when divided amongst those concerned and come back with those figures.


MAYOR’S POOL TASK FORCE UPDATE

Mayor Van Wyhe asked Community Coordinator Lisa Alden to help update the Commission on the progress the Mayor’s Pool Task Force has made. Mrs. Alden reported that Steve Robinson of Short Elliott Hendrickson Inc. was present at the Pool Task Force meeting on November 18th, to talk to the committee about the process and what to expect on a timeline for construction of a new pool in 2005. Mr. Robinson said that getting to work on it now will allow us to bid it out by January or February and start construction in March or April. Mr. Robinson will meet with Doug Pederson and Paul Iverson and do a visual assessment of the area around the present pool. Mayor Van Wyhe spoke about the Flandreau Pool and how SEH handled that.

Mrs. Alden presented the recommendation from the Pool Task Force to hire the firm of Short Elliot and Hendrickson Inc. to work with the Task Force for the Programming phase of the project. The estimated cost will be $9000.00. Discussion followed. Motion made by Commissioner Baldwin, seconded by Commissioner Nelson to hire the engineering firm of SEH for the Programming Phase of the project.


CITIZEN CONCERN VOICED ABOUT TRAFFIC ON FIFTH STREET

Harry Dykstra attended the meeting in order to talk to the Commission about the fact that the vehicle traffic does not stop for pedestrian traffic across Fifth Street. Mr. Dykstra stated that he was very close to getting hit by a car as he crossed Fifth Street just the other day. Discussion followed on what could be done with signs on Fifth Street (Highway 18), and whether more citations could be issued. Commissioner Baldwin told Mr. Dykstra that the City is looking at purchasing equipment that will inform the motorists just how fast they are traveling. Discussion followed.


PROPOSED ORDINANCE 907

Mayor Van Wyhe opened discussion on the ordinance that would change the required length of time between publication and the hearing on all Planning and Zoning issues. The length of time would be changed from 15 days to 10 days. Ms. Leffler explained that the draft would be sent over to the Lawyer’s office to approve the wording on it. Planning and Zoning Commissioner Chuck Andresen was given a copy for the Planning and Zoning meeting on Tuesday. Discussion followed concerning the length of time needed because of the Newspaper’s deadline. Ms. Leffler said that Mr. Amert would report back to the Commission after hearing from the Lawyer’s office.


WARRANTS

Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants on the table. All Ayes, motion carried.


LIQUOR STORE RENOVATION UPDATE

Commissioner Bogue reported that he had talked to Vince McKenney about the proposed renovation, but had not yet gotten to meet with him at the Powerhouse. Commissioner Baldwin voiced a desire to be present at the meeting when they do get together. Discussion followed.


LEAF SUCKER EQUIPMENT

Mayor Van Wyhe brought to the Commissioners’ attention the flyer information on the leaf sucker equipment and the price tags on two different kinds. Discussion followed. The prices quoted on the info sheet were $33,695 and $23,375. Commissioner Nelson said that since Commissioner Chaon requested the information, further discussion should probably wait until he is present at the meeting.


BARRICADES ON THE CORNER OF FIFTH AND DAKOTA

Deputy Finance Officer Leffler relayed the Elevator’s request to have the barricades removed now that the traffic to the scales is slowing down. Ms. Leffler reported that Palmer Ericksen wanted to know when the Commission wanted it done. Mr. Ericksen also wanted the Mayor or a Commissioner to talk to Kent about making sure his trucks use the Seventh Street route. Discussion followed. The Commission wanted to give more time for the Elevator’s own trucks to get the transfer done prior to taking the barricades down. Commissioner Baldwin stated that he could talk to Kent Mulder about their decision to wait and Mayor Van Wyhe also said he could talk to Mr. Mulder. Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to have the barricades removed December 1, 2004. All ayes, motion carried.


ADJOURNMENT

Motion made by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned 7:28 p.m.


_______________________________________
Karen K. Leffler, Deputy Municipal Finance Officer


WARRANTS:

GENERAL FUND: Farmers State Bank, 13533.49, payroll; First American Bank & Trust, 2730.66, social security; First American Bank & Trust, 1493.40, federal withholding; SDRS, 4396.64, retirement; SDRS SRP, 50.00, supplemental retirement; AFLAC, 686.26, insurance premiums; Landmark Dental, 165.04, dental insurance; Colonial Insurance, 6.72, insurance premiums; New York Life, 40.00, life insurance; FSA Section 125, 96.00, Section 125 deductions; Pre-Paid Legal Services, 166.54, insurance premiums; ALCO Discount Store # 210, 80.95, supplies; American Library Review, 308.39, books; Audio Editions, 162.79, books; Baker and Taylor, 1026.67, books; Bid-Well, 161.37, supplies; Bierschbach Equipment, 175.14, supplies; Bubba’s Quality Auto Parts, 1528.82, supplies, parts; Computer Ta Boot, 257.50, service; Canton Food Center, 64.06, supplies; Concrete Materials, 783.00, asphalt; Dakota Filter Service, LLC, 109.09, service; Dakota Fertilizer & Chemical, 105.00, chemicals; Dan Amert-Cash Items, 23.95. supplies; Davis Sun Turf, 905.74, parts for overseeder; Dell Marketing L.P, 65.00, supplies; Governmental Fin Off Assoc, 135.00, dues; Grey House Publishing, 148.50; Holiday Inn – Spearfish, 155.62, travel; Jerry’s Appliance Service, 267.00, Freon removal; Lyle Signs, 42.58, supplies; Malloy Electric Bearing, 61.68, supplies; Mobile Electronic Service, 115.00, repairs; Edith Nelson, 19.20, travel; Northland Chemical Co., 161.16, cleaning supplies; Shari O’Connor, 158.40, travel; Office Max Credit Plan, 17.99, supplies; Prairie Wave, 47.88, telephone services; RDO Financial Services, Co., 127.34, supplies; Recorded Books, 68.49, books; RR #1 Services, 19.50, service; Sagebrush Technologies, 450.00, spectrum support; Iris Schultz, 95.45, postage;
Sioux Falls Ford, 242.83, car repairs; Staples Credit Plan, 223.51, printer supplies; Sturdevant’s Auto Supply, 643.94, supplies; Ultramax, 232.00, supplies; Zep Manufacturing Company, 73.94, supplies;


LIQUOR FUND: Farmers State Bank, 2992.03, payroll; First American Bank & Trust, 590.52, social security; First American Bank & Trust, 355.27, federal withholding; SDRS, 821.86, retirement; AFLAC, 14.60, insurance premiums; Landmark Dental, 16.27, dental insurance; Colonial Insurance, 6.93, insurance premiums; FSA Section 125, 5.65, Section 125 deductions; Pre-Paid Legal Services, 7.58, insurance premiums; ALCO Discount Store # 210, 16.95, supplies; Kip’s Plumbing, 90.95, service; Russ’ Pest Control, Inc., 24.00, service;


WATER FUND: Farmers State Bank, 2182.29, payroll; First American Bank & Trust, 440.72, social security; First American Bank & Trust, 255.46, federal withholding; SDRS, 777.58, retirement; SDRS SRP, 7.84, supplemental retirement; AFLAC, 66.47, insurance premiums; Landmark Dental, 42.25, dental insurance; Colonial Insurance, 14.09, insurance premiums; FSA Section 125, 9.06, Section 125 deductions; Pre-Paid Legal Services, 41.50, insurance premiums; Bid-Well, 80.68, supplies; Bierschbach Equipment, 87.58, supplies; Carl V. Carlson Co., 428.57, West Road cement work; Bubba’s Quality Auto Parts, 219.40, supplies, parts; Dakota Filter Service, LLC, 8.12, service; Dakota Fertilizer & Chemical, 52.50, chemicals; Dakota Supply Group, 91.92, water meter parts; Dan Amert-Cash Items, 9.06. supplies; First National Bank in S.F., 15671.53, 1998 Certificate Payment; Malloy Electric Bearing, 30.83, supplies; Postmaster, 17.85, postage; RDO Financial Services, Co., 8.46, supplies; SD Department of Health, 36.00, lab testing fees; Sturdevant’s Auto Supply, 100.57, supplies; Zep Manufacturing Company, 36.97, supplies;


SEWER FUND: Farmers State Bank, 2103.29, payroll; First American Bank & Trust, 424.36, social security; First American Bank & Trust, 244.08, federal withholding; SDRS, 701.99, retirement; SDRS SRP, 7.16, supplemental retirement; AFLAC, 62.61, insurance premiums; Landmark Dental, 37.81, dental insurance; Colonial Insurance, 12.66, insurance premiums; FSA Section 125, 8.79, Section 125 deductions; Pre-Paid Legal Services, 38.43, insurance premiums; Bid-Well, 80.68, supplies; Bierschbach Equipment, 87.58, supplies; Bubba’s Quality Auto Parts, 105.63, supplies, parts; Dakota Filter Service, LLC, 8.12, service; Dakota Fertilizer & Chemical, 52.50, chemicals; Dan Amert-Cash Items, 9.05. supplies; First National Bank in S.F., 31390.12, Certificate Payment; Malloy Electric Bearing, 30.83, supplies; RDO Financial Services, Co., 8.46, supplies; SD Department of Health, 324.00, lab testing fees; Sturdevant’s Auto Supply, 86.98, supplies; Zep Manufacturing Company, 36.97, supplies;


AIRPORT FUND: Dan Amert-Cash Items, .12, supplies; Dean Libra, 716.00, travel expenses;


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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 15, 2004


The Canton City Commission met at City Hall on Monday, November 15, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Todd Baldwin,


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the minutes of the November 8, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert presented the minutes of the October 28th Mayor’s Pool Task Force for the Commissioners to review.


BALL FIELD DESIGN – CHAUTAUQUA PARK

Sioux Valley News reporter Marie Beitzel said that she has seen a drawing at the Ace of Spades of a new ball field for Chautauqua Park and that to her understanding, the plans are a done deal. Mayor Van Wyhe denied that any commitment has been made beyond having the local Amateur team put a drawing together. Mayor Van Wyhe said that he’s made no monetary commitment to a new Amateur field. Ms. Beitzel said the proposed drawing is in the lower part of Chautauqua Park, not on top of the former Canton Dump grounds. Mayor Van Wyhe said that the Amateurs believe the present West Ball Park was inadequate. Mayor Van Wyhe said that he sees the greater need for ball diamonds in Canton for the younger kids than a new large field. Ms. Beitzel said that she wanted the City Commissioners to know of what she had found out about it.


DBE UTILIZATION FORM – AIRPORT PROJECT

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to authorize the Mayor to sign the DBE (Disadvantaged Business Enterprise) Utilization form for the Canton Airport, if any future work is to be conducted at the Airport. All ayes, motion carried.


CANTON DEPOT UPDATE – HUD GRANT

Finance Officer Amert grave the Commissioners an update on the recent events at the Canton Depot, including a request to the US HUD to allow for usage of the City’s $134,000 grant for work at the Depot already completed. Mr. Amert explained a letter drafted by the City Attorney’s office to HUD to receive clearance to use the grant funds for this purpose. Discussion followed on the issue of Federal bid laws involved in the project. Mr. Amert asked the Commissioners for the City Attorney to send the letter to HUD. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to authorize the City Attorney to send the drafted letter. All ayes, motion carried.


REQUEST TO REVIEW ZONING ORDINANCE – PUBLICATION ISSUE

Finance Officer Amert discussed a problem that has crept up due to the last hearings scheduled for the November 29th meeting. Mr. Amert said that the City’s Zoning Ordinance requires that the City have to give 15 days from the date of publication to the hearing date for the City. Mr. Amert said that with the new publication scheduling with the Sioux Valley News, the City may have to tell residents requesting Conditional Use Permits, Variances and Re-Zones that they may have to wait up to 4 weeks for all of the notices to be correct. Mr. Amert said the State has relaxed the requirements from 15 days to 10 days and asked for permission to work with the City Attorney on proposing an Ordinance to make the changes. Planning and Zoning Commission Secretary Chuck Andresen said that he could still see some 4-week spacing, especially if the City meets on a Tuesday after a Monday holiday. Mr. Amert agreed with Mr. Andresen’s assertion. The Commission agreed to have the City work on making the changes to streamline the publication issue.


HIRE – SNOW REMOVAL

Commissioner Chaon motioned to hire Jerry Chaon for part-time snow removal work for the City at a pay rate of $8.50 per hour. Motion seconded by Commissioner Bogue. All ayes, motion carried.

CAPTIAL FOR A DAY

Mayor Van Wyhe reported that the City of Canton has applied to the Governor’s office to be a part of their “Capital for a Day” program in 2005.


POOL AND COMMUNITY CENTER

The Commission discussed the possible options on a new pool and cooperating with the Canton School District for a Community Center facility. Mayor Van Wyhe said that he’s comfortable with a new outdoor pool and would work to help with a Community facility as a part of EO Lawrence grade school. Mayor Van Wyhe said that he’s not sure of what the residents want in a Community Center facility. Discussion followed on similar facilities such as in Inwood, Iowa. Commissioner Nelson said that if it were feasible, he’d like to see the City and the School District work together. Commissioner Bogue asked the Commissioners to think about the next 5 to 10 years in Canton.


HARVEST TRAFFIC

The Commission discussed the amount of red chaff around Canton due to the harvesting season. Commissioner Nelson reminded the Commission about the amount of money the local farmers and haulers spend in Canton during harvest and that the dust and chaff are a part of the harvest.


HANDICAPPED PARKING – US 18

Marie Beitzel questioned why the State DOT did not put in any Handicapped parking along US 18 during last year’s project. Discussion followed on the former locations of Handicapped parking along US 18. Commissioner Bogue asked Finance Officer Amert to contact the State DOT to see why there were no Handicapped parking spaces installed along US 18.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to adjourn. All ayes, motion carried.

Meeting adjourned at 7:40 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 8, 2004


The Canton City Commission met at City Hall on Monday, November 8, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the November 1, 2004 City Commission meeting as presented. All ayes, motion carried.


REQUEST FOR RE-ZONE OF PROPERTY – COLONIAL VILLAGE

Finance Officer Amert said a request for Re-Zone has been submitted by Colonial Village at 903 West Fifth Street. Mr. Amert said that Colonial Village had been sent a letter by the City asking for them to request to rezone their property from R-2 to R-3 due to the changes made last year in the City’s Zoning Ordinance. Mr. Amert asked to set the hearing date and time for November 29th at 7:20 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to set the date and time for the Re-zone Hearing for Colonial Village for November 29th at 7:20 p.m. All ayes, motion carried.


REQUEST FOR RE-ZONE OF PROPERTY – CEDAR MANOR APARTMENTS

Finance Officer Amert said a request for Re-Zone has been submitted by Cedar Manor Apartments at 122 West 1st. Mr. Amert said that Cedar Manor had been sent a letter by the City asking for them to request to rezone their property from R-2 to R-3 due to the changes made last year in the City’s Zoning Ordinance. Mr. Amert asked to set the hearing date and time for November 29th at 7:25 p.m. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to set the date and time for the Re-zone Hearing for Cedar Manor Apartments for November 29th at 7:25 p.m. All ayes, motion carried.


REQUEST FOR RE-ZONE OF PROPERTY – VILLA MANOR

Finance Officer Amert said a request for Re-Zone has been submitted by Villa Manor Apartments at 916 East Second Street. Mr. Amert said that Villa Manor Apartments had been sent a letter by the City asking for them to request to rezone their property from R-2 to R-3 due to the changes made last year in the City’s Zoning Ordinance. Mr. Amert asked to set the hearing date and time for November 29th at 7:30 p.m. Motion moved by Commissioner Chaon, seconded by Commissioner Bogue to set the date and time for the Re-zone Hearing for Villa Manor Apartments for November 29th at 7:30 p.m. All ayes, motion carried.


REQUEST FOR CONDITIONAL USE PERMIT – TODD BALDWIN

Finance Officer Amert said a request for a Conditional Use Permit has been submitted by Todd Baldwin at 510 South West Street for fowl and other small animals to be on his property. Mr. Amert asked to set the hearing date and time for November 29th at 7:35 p.m. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to set the date and time for the Conditional Use Permit Hearing for Todd Baldwin for November 29th at 7:35 p.m. Ayes 4, 1 Recuse, motion carried. Recuse – Baldwin.


REQUEST FOR CONDITIONAL USE PERMIT – TODD ESCHE

Finance Officer Amert said a request for a Conditional Use Permit has been submitted by Todd Esche at 513 West Fifth Street for residential dwelling at his property zoned B-2. Mr. Amert asked to set the hearing date and time for December 6th at 6:15 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to set the date and time for the Conditional Use Permit Hearing for Todd Esche for December 6th at 6:15 p.m. All ayes, motion carried.


FUTURE OF MUNICIPAL LIQUOR STORE

Mayor Van Wyhe asked if the Commission has any thoughts on changes they’d like to see at the Municipal Liquor Store. Commissioner Baldwin suggested that before looking at more radical changes to the operations, have the City make improvements to the facility to improve its operations. Commissioner Nelson asked if the Video Lottery area could be more enclosed. Commissioner Nelson asked if Commissioner Bogue could contact a local contractor to see what could be done to improve the Liquor Store. Commissioner Bogue said that he has some ideas he’s kicking around and wants to talk to a contactor to see what could be done. Commissioner Bogue said that his experience dictates that gamblers like privacy while they gamble. Commissioner Bogue said that he’d like to see other changes, such as improve the off sale area, maybe move the walk-in cooler or other needed changes. Commissioner Bogue asked Finance Officer Amert to have a person in the State contacted to review the financial statements of the City’s Liquor Store and see what could be improved on. Mr. Amert said that he has a couple of contacts that he could make to see if they’d be willing to look over the financial information. Karen Leffler questioned what the City Commission wants to do with the Liquor Store. Commissioner Bogue said that he wants to see the Liquor Store improve its operations with Off-Sale and maintaining the City’s Video Lottery income. Discussion followed on operational issues with the Municipal Liquor Store.


AIRPORT NEWS

Commissioner Chaon reported that Airport Manager Dean Libra attended the recent FAA meetings in Bismarck, North Dakota on Capital Improvements. Commissioner Chaon said that recent work was conducted on the runway lights at the Airport.


POOL PROJECT

Commissioner Chaon asked that when the Mayor’s Pool Taskforce is considering the future of the Swimming Pool to please keep in mind working with the Canton School District to see if an indoor facility/community center is possible by working together. Mayor Van Wyhe said that a report on the Taskforce’s work will be submitted later in November. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


NUISANCE HOUSING

Commissioner Baldwin said that the house at 412 South Lincoln was burned down by the property owner without the express consent of the City. Commissioner Baldwin said that the Canton Police Department is looking into the matter. Commissioner Baldwin added that this may have been a means to an end.

The Commission also discussed the condition of the houses at 409 South Lincoln and at 714 West Fifth Street.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 7:26 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (November 8, 2004)

GENERAL FUND: Farmers State Bank, 12736.50, payroll; First American Bank & Trust, 2558.28, social security, First American Bank & Trust, 1362.90, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 95.32, Section 125 deductions; SDRS SRP, 50.00, supplemental retirement; WellMark of South Dakota; 4840.74, health insurance; AFLAC, 18.00, Section 125 fees; Aramark, 114.70, towel maintenance and uniform services; Black Hills Chemical and Janitorial, 5.03, other expenses; Butler Cat, 4198.77, parts, supplies and repairs to standby generator; Canton-Inwood Memorial Hospital, 560.72, share cost on seeding by Hiawatha Drive; Cellular One, 96.87, cell phone services; Charterhouse Publishing, 44.87, 2005 time and record cards; Companion Animal Clinic, 21.14, euthanize cat; Dakota Garage Doors, 890.00, repairs to garage doors at City Hall; Dakota Supply Group, 4.44, shop parts and supplies; Farmers Union Cooperative, 2143.17, diesel, propane and unleaded gas order; Frieberg Zimmer Duncan and Nelson LLP, 1212.01, attorney fees; Grainger, 449.37, shop parts and parts for Jack Fox Park; Jack’s Uniforms and Equipment, 239.30, clothing for PD; KB’s True Value, 112.15, parts and supplies; Kruse Building Center, 164.43, wood and supplies; Lawson Products, 255.72, shop supplies; Linweld, 221.48, welding supplies and tank rentals; Mac’s, 110.89, shop supplies; MidAmerican Energy, 8.00, natural gas; Northern States Supply, 12.55, shop supplies; NSP, 5615.77, electricity and street lights; Office Max, 95.93, office supplies and printing; One Call Systems, 14.23, utility locates; Pam Companies, 342.59, oil, anti-freeze and transmission fluid; Prairie Wave, 572.84, telephone and internet services; Pump N Pak, 11.11, supplies for Police; Ron’s Motor and Radiator, 50.40, mower blades; RR #1 Services, 65.00, mot and map maintenance; Safety Benefits, 60.00, registration fee for workshop – O’Connor; Sanitation Products, 1341.06, parts for sander box; Sioux Falls Humane Society, 10.00, drop off dog; Sioux Valley News, 1325.13, publishing; Splash and Dash Car Wash, 7.00, washing PD cars; Stan Houston Equipment, 6.97, Shop supplies; Valley Sand and Gravel, 539.73, rock for bleachers area in Kennedy Park; Van’s Rubbish Removal, 208.00, garbage services; Verizon Wireless, 56.62, cell phone services; Wheelco Brake and Supply Co., 575.48, drum and parts for sander truck; Zabel Steel Company, 211.89, steel supplies – Shop; Zee Medical Company, 77.47, medical supplies.

LIQUOR FUND: Farmers State Bank, 2779.88, payroll; First American Bank & Trust, 546.96, social security, First American Bank & Trust, 321.19, federal withholding; Fortis Benefits, 22.75, life insurance; FSA Section 125, 5.50, Section 125 deductions; WellMark of South Dakota; 1429.03, health insurance; AFLAC, 3.00, Section 125 fees; Aramark, 64.82, towel maintenance; City of Canton, South Dakota, 1450.00, 2005 Retail and Package Liquor licenses; KB’s True Value, 1.19, parts and supplies; NSP, 491.04, electricity; RR#1 Services, 73.50, mat and mop maintenance; Sioux Valley News, 15.60, publishing; Van’s Rubbish Removal, 74.00, garbage services; Zee Medical Company, 49.50, medical supplies.

WATER FUND: Farmers State Bank, 2429.71, payroll; First American Bank & Trust, 491.26, social security, First American Bank & Trust, 290.38, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 10.45, Section 125 deductions; SDRS SRP, 8.14, supplemental retirement; WellMark of South Dakota; 906.65, health insurance; AFLAC, 4.50, Section 125 fees; Aramark, 41.69, uniform services; Butler Cat, 2099.36, parts, supplies and repairs to standby generator; Dakota Supply Group, 286.96, shop parts and supplies; Farmers Union Cooperative, 188.49, diesel and unleaded gas order; Grainger, 32.04, shop parts; KB’s True Value, 62.51, parts and supplies; Kruse Building Center, 53.00, wood and supplies; Lawson Products, 127.86, shop supplies; Linweld, 110.75, welding supplies and tank rentals; Mac’s, 55.45, shop supplies; Northern States Supply, 6.27, shop supplies; NSP, 2802.58, electricity; One Call Systems, 14.23, utility locates; Pam Companies, 171.30, oil, anti-freeze and transmission fluid; Sioux Valley Environmental, 23.45, phosphate reagent; Sioux Valley News, 31.20, publishing; Stan Houston Equipment, 3.49, Shop supplies; Van’s Rubbish Removal, 19.00, garbage services; Wheelco Brake and Supply Co., 575.48, drum and parts for sander truck; Zabel Steel Company, 105.95, steel supplies – Shop; Zee Medical Company, 38.74, medical supplies.

SEWER FUND: Farmers State Bank, 2057.47, payroll; First American Bank & Trust, 416.24, social security, First American Bank & Trust, 245.85, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.23, Section 125 deductions; SDRS SRP, 6.86, supplemental retirement; WellMark of South Dakota; 906.62, health insurance; AFLAC, 4.50, Section 125 fees; Aramark, 41.69, uniform services; AT & T, .29, telephone services; Butler Cat, 2099.36, parts, supplies and repairs to standby generator; Dakota Supply Group, 2.22, shop parts and supplies; Farmers Union Cooperative, 68.06, diesel and unleaded gas order; Grainger, 112.17, shop parts; KB’s True Value, 30.37, parts and supplies; Kruse Building Center, 53.00, wood and supplies; Lawson Products, 127.86, shop supplies; Linweld, 110.75, welding supplies and tank rentals; Mac’s, 55.45, shop supplies; Northern States Supply, 6.27, shop supplies; NSP, 586.39, electricity; One Call Systems, 14.23, utility locates; Pam Companies, 171.30, oil, anti-freeze and transmission fluid; Postmaster, 41.85, postage from Corporate Account; Sioux Pipe and Equipment, 335.21, parts for Sewer system; Stan Houston Equipment, 3.49, Shop supplies; Van’s Rubbish Removal, 19.00, garbage services; Wheelco Brake and Supply Co., 575.48, drum and parts for sander truck; Zabel Steel Company, 105.95, steel supplies – Shop; Zee Medical Company, 38.74, medical supplies.

AIRPORT FUND: Farmers Crop Insurance Alliance, 122.00, 2004 MPCI Insurance for cropland; Libra Air, 1266.67, manager’s fees; NSP, 74.13, electricity; Raymon Electric, 487.23, electrical work at Airport.

GENERAL LEDGER: WellMark of South Dakota; 370.55, health insurance premiums

 

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 1, 2004


The Canton City Commission met at City Hall on Monday, November 1, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the October 25, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert presented the minutes of the October 12, 2004 Planning and Zoning Commission meeting and the October 14, 2004 Mayor’s Pool Taskforce meeting.

Commissioner Chaon arrived at 7:02 p.m.


CIVICS CLASS

Members of Canton High School’s Civics Class were in attendance for the City Commission meeting. Mayor Van Wyhe thanked the members for their attendance.


SCHEDULE RE-ZONE HEARING – QUARRYSTONE GREENHOUSE

Finance Officer Amert presented a re quest from Quarrystone Greenhouse for a portion of their property from A-1 to B-2. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to schedule the Re-Zone hearing for November 29th at 7:15 p.m. All ayes, motion carried.


RESCHEDULE 2005 LIQUOR AND WINE LICENSING HEARING

Finance Officer Amert asked to reschedule the hearing for the 2005 Liquor and Wine Licenses from December 6th at 7:15 p.m. to November 29th at 7:10 p.m. Mr. Amert explained a conflict in the schedule for December 6th. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to reschedule the 2005 Liquor and Wine licensing hearing to November 29th at 7:10 p.m. All ayes, motion carried.


SCHEDULE CITY COMMISSION MEETING – DECEMBER 6th

Finance Officer Amert asked to schedule the City Commission meeting of December 6th from 7:00 p.m. to 6:00 p.m. for December 6th. The Commission agreed to the time change.


REQUEST TO SHUT OFF SIRENS

Finance Officer Amert requested to have the City shut off the outdoor warning sirens for the winter. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to the request. All ayes, motion carried.

Mayor Van Wyhe asked City staff to look at the old siren downtown to see why it does not spin properly. Mayor Van Wyhe said the City may need to look at replacing that siren next spring. Commissioner Chaon asked City staff to test the battery backup in the newer sirens to see if the system still works before they are shut off for the winter.


RUBBLE SITE HOURS

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to reset hours at the Canton Rubble Site to Monday, Tuesday, Thursday and Friday from 9:00 a.m. to 5:00 p.m. All ayes, motion carried.

GUN CLUB LEASE

Brad Dietzenbach was present to see if City Attorney Larry Nelson was in attendance to discuss the draft of the Gun Club Lease. Mayor Van Wyhe said that Mr. Nelson was not at tonight’s meeting. Mr. Dietzenbach said that he’d contact Mr. Nelson to set up a time to discuss the Gun Club Lease.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


LEAVES ALONG THE CITY CURBS AND GUTTERS

Commissioner Nelson asked if the City staff could work on keeping the gutters clear of leaves to prevent problems with storm water flowing in town. Commissioner Nelson said the City should look at having the City clean the curb lines in critical areas. Discussion followed. Commissioner Chaon said that the City doesn’t want to have the grass or leaves end up in the storm sewer catch basins.


LEASE – NATIONAL GUARD BUILDING

Finance Officer Amert said the City has had some discussion with the South Dakota Army National Guard (SDANG) to purchase the former National Guard building in Canton at 12th and Bartlett. Mr. Amert said the discussions on purchasing the building broke down, but the SDANG has made an offer to the City to lease the space to the City for “cold storage”. Commissioner Bogue said that he’d like to look into the possibilities of the building and if a lease would work. Discussion followed.


SEWER LINE ISSUES

Finance Officer Amert said that City Engineer Myron Adam visited with City staff last week about the problems with the sewer lines to Steve Barth’s house in Canton. Mr. Amert said that the City is awaiting information from Mr. Barth before a recommendation is given by Mr. Adam.


NOTICE OF AWARD – SD DOT GRANT

Finance Officer Amert reported that the City has been awarded a $96,000 to continue restoration work at the Canton Depot from the SD Department of Transportation. Discussion followed on progress with the Canton Depot project.

CANTON ASYLUM ADMINISTRATOR’S HOUSE

Finance Officer Amert said that he was in contact with Mark Steck with Newton Hills State Park. Mr. Amert said that the process of going through the State government is going slow, but it is expected the State will take the Asylum Administrator’s house, move it to Newton Hills and restore the house for its use.


7:15 P.M. – JOINT MEETING WITH PLANNING AND ZONING ON ORDINANCE 905

Mayor Van Wyhe opened the joint hearing with the Canton Planning and Zoning Commission to discuss second reading of Ordinance 905, which would allow under a Conditional Use Permit for residential living quarters. After the Planning and Zoning Commission approved the Ordinance, a motion was moved by Commissioner Bogue, seconded by Commissioner Chaon to approve Ordinance 905 on second reading. All ayes, motion carried.

Ordinance 905

AN ORDINANCE AMENDING ARTICLE 22, SCHEDULE OF DISTRICT REGULATIONS, B-2 GENERAL COMMERCIAL DISTRICT OF ORDINANCE 888 - PLANNING AND ZONING ORDINANCE FOR THE CITY OF CANTON, SOUTH DAKOTA

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANTON, SOUTH DAKOTA AS FOLLOWS:

That Ordinance No. 888, Article 22, B-2 General Commercial District of the City of Canton, South Dakota is hereby amended to read as follows:


B-2 GENERAL COMMERCIAL DISTRICT:

1) PURPOSE

The B-2 General Commercial District is intended to provide locations for business activities that serve persons in automobiles and are typically grouped along a major street or at major street and highway intersections. Regulations are designed to minimize the formation of commercial slums, to preserve the carrying capacity of streets, and to encourage provisions of adequate off-street parking and loading space. It is not the intent of this district to encourage the extension of enlargement or existing strip commercial area.

2) PERMITTED PRINCIPAL USES AND STRUCTURES

The following uses and structures shall be permitted in the B-2 General Commercial District:

a. Any permitted principal use or structures of the B-1 District;
b. Automatic or semi-automatic car wash;
c. Lumberyard;
d. Filling (gas) station, convenience stores;
e. Drive-in restaurants;
f. Display and salesrooms or lots;
g. Public buildings and grounds;
h. Structures containing multiple uses otherwise permitted in this district;
i. Warehouse and Storage establishments in completely enclosed building.

3) PERMITTED ACCESSORY USES AND STRUCTURES

The following accessory uses and structures shall be permitted in the B-2 General Commercial District:

Accessory uses and structures customarily incidental to permitted uses and which are not of a nature prohibited under “Prohibited Uses and Structures.”

4) CONDITIONAL USE PERMITS

After the provisions of this ordinance with regard to Conditional Use Permits have been complied with, the Board of Adjustment may permit as Conditional Use Permits in the B-2 General Commercial District the following uses and structures:

a. Veterinarian, animal hospitals, or kennels;
b. Tourist camp or campground;
c. Manufacture of furniture and other wood products;
d. Off-Site signs;
e. Commercial outdoor recreational facilities, including miniature golf course and driving range;
f. Repair shops, (i.e. small appliances, lawn equipment, autos, trucks);
g. Storage buildings;
h. Barbed wire, woven, and electric fences, other than buried electric pet collar activated fences, may be erected only after a conditional use permit has been obtained;
i. Residential dwellings.


5) PROHIBITED USES AND STRUCTURES

Any use not authorized as Permitted Principal Uses, Permitted Accessory Uses or Conditional Use.

6) AREA REGULATIONS

a. Minimum Lot Requirements:
There shall be no minimum lot requirement in the B-1 District. Uses permitted by Conditional Use Permit shall have a lot area and width as determined by the Board of Adjustment.

b. Minimum Yard Requirements:
Permitted uses and structures shall have a minimum setback of five (5) feet on all sides unless a lot is adjacent to or abuts upon residential district, where setbacks shall be ten (10) feet, except front yard set back must match adjoining residential twenty (20) feet.

c. Maximum Lot Coverage:
There shall be no restrictions on lot coverage in the B-1 District, other than minimum lot requirements and setbacks.

d. Maximum Height of Structures:
The maximum height of all buildings and structures shall not exceed forty-five (45) feet.

a. Minimum Off-Street Parking and Off-Street Loading Requirements:
The minimum off-street parking and off-street loading requirements shall be provided in accordance with the requirements for specific uses set forth in Article 9, Section 911.


Adopted this 1ST day of November, 2004.

Pete Van Wyhe
Mayor, City of Canton, South Dakota


ATTEST:

Dan Amert, Finance Officer

First Reading: September 6, 2004
Second Reading: November 1, 2004
Final Passage and Adoption: November 1, 2004
Effective Date: December 1, 2004
Date of Publication: November 11, 2004


PLANNING AND ZONING COMMISSION – ROTATION OF A CITY COMMISSIONER ON BOARD

Commissioner Baldwin said that the Planning and Zoning Commission has been having problems with enough members attending to make a quorum, which has been discussed to have a City Commission sit on their Board as a voting member of their Board. Discussion followed from changing the number of members on the Planning and Zoning Board to adding a City Commissioner to their Board. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to appoint Commissioner Chaon to the Planning and Zoning Commission. All ayes, motion carried.


INITATIVE #1

Finance Officer Amert presented a report on what would potentially need to be cut of Initiative #1 would be passed on November 2nd as a part of the General Elections. Discussion followed.


RAILROAD CROSSINGS PROPOSAL

Finance Officer Amert said that he is working with City Attorney Larry Nelson on developing a counter-proposal to the BNSF’s letter in September on crossing consolidations.


EXECUTIVE SESSION

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to enter into Executive Session for a personnel matter. All ayes, motion carried.

Executive Session began at 7:37 p.m.
Mayor Van Wyhe ended Executive Session at 8:47 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:48 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (November 1, 2004)

GENERAL FUND: City of Canton, 212.81, water/sewer bills; SD State Treasurer, 99.74, sales tax payment.

LIQUOR FUND: Beal Distributing, 24470.78, beer purchases; Canton Food Center, 194.86, food and supplies; Carlson Distributing, 6260.85, beer purchases; City of Canton, 55.76, water/sewer bill; Coca-Cola Bottling, 59.00, pop and pre-mix supplies; Culligan Water Conditioning, 19.08, water treatment, Dakota Beverage, 6257.90, beer purchases; Dakota Tom’s, 26.74, food supplies; Johnson Brothers Famous Brands, 4165.23, liquor and malt beverage purchases; Kraft Pizza Company, 72.52, food purchases; Queen City Wholesale, 207.54, cigarettes, food and supplies; Russ Miller-Cash Items, 138.09, supplies and washing windows; SD State Treasurer, 750.48, sales tax payment; Sodak Distributing Co., 3149.73, liquor and malt beverage purchases.

AIRPORT FUND: City of Canton, 14.80, water bill.

 

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 25, 2004


The Canton City Commission met at City Hall on Monday, October 25, 2004 at 7:05 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the October 18, 2004 City Commission meeting as presented. All ayes, motion carried.


CIVICS CLASS

Members of Canton High School’s Civics Class were in attendance for the City Commission meeting. Mayor Van Wyhe thanked the members for their attendance.


STEVE BARTH – TROUBLE WITH SEWER LINE FROM HOUSE

Steve Barth at 3rd and Bridge Street was present to discuss his problem with the sewer line from his house to the sewer main. Mr. Barth presented pictures of the problems with the sewer at the sewer manhole. Utilities Commissioner Jim Nelson said that he’s discussed the problem with Water and Wastewater Superintendent Jeff Fossum. Mr. Barth said that he’s had problems with the sewer line since his family bought the house in 1997. Mr. Barth said the angle of the sewer line is too loose and too great. Commissioner Nelson said that Mr. Fossum said the line was too low for the street location to dump into. Commissioner Nelson said that other houses to the north have lift stations in their basements to help with the sewer. Commissioner Chaon questioned if the sewer manhole was discharging the sewer properly. Discussion followed on the sewer line issue. Commissioner Bogue motioned to have City Engineer Myron Adam and Mr. Fossum study the issue and report back to the City Commission. Motion seconded by Commissioner Nelson. All ayes, motion carried.


CHAUTAUQUA PARK

Finance Officer Amert reported that the issue of what state Chautauqua Park exists in has been turned over to the City Attorney’s office for their review before anything else is decided with the Park. Discussion followed.


STERLING HEATH – REQUEST FOR LAND

Sterling Heath of Sterling Carpets was present to request the City to look at purchasing part of the lot to the north of his building (the former Canton Fire Hall) for use as storage of products. Mr. Heath stated that he has run out of room at the former Fire Hall and is willing to work with the City to buy the land. Finance Officer Amert said the City could give the land to the Canton Economic Development Corporation and sell it to Mr. Heath. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to have the City Attorney’s office proceeds with working out the details for this issue. All ayes, motion carried.


NEW OVERTIME AND FLSA RULES

Finance Officer Amert asked if the City Commission had any questions about the recent memo and meeting with Greg Brewers from the City Attorney’s office. After some discussion, the Commission agreed to have the City implements the changes effective at the 1st of the year in 2005. Commissioner Bogue said that he would mentioned to have no Overtime allowed at the Municipal Liquor Store, since there is adequate staff now to eliminate any Overtime.


RAILROAD CROSSINGS PROPOSAL

Finance Officer Amert asked if the City Commission has any thoughts on the recent proposal from the Burlington Northern Santa Fe (BNSF) Railroad regarding assistance to the City in exchange for the closing of 4th Street and Broadway Street crossings. Mr. Amert said the City is being offered a total of $25,000 in crossing safety funds in exchanged for the two crossings. Mayor Van Wyhe said that he’d like to tell the Railroad that the City was not interested in closing any of the crossings. Commissioner Bogue said that his concern with that position is that if the City does not work with the BNSF, then in time the BNSF will tell the City was crossings are being closed and the City will not have any say which ones will be closed. Commissioner Bogue said that if the City is told certain crossings are to be closed, more than likely the BNSF will not provide any funds as they are doing now. Discussion followed. The Commission agreed to have Finance Officer Amert work to develop a counter-proposal to the BNSF’s letter.


RESOLUTION 1114 – CHANGE IN PAYING CITY COMMISSIONERS

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve Resolution 1114. All ayes, motion carried.


RESOLUTION 1114
CHANGE TO 2004 SALARY RESOLUTION

WHEREAS, it is in the best interests of the City of Canton to pay a competitive wage to attract and retain the best employees to serve the community.

NOW, THEREFORE, the City Commissioners of the City of Canton hereby approve the following changes to wage and salary rates for the calendar year 2004.

PROVIDED, HOWEVER, the Commissioners may make wage increases for the following: Completion of education requirements, passing certification tests, fulfillment of job requirements set at the date of employment, and length of service to the City. The Commission may also exceed set wage limits if agreed to by the Board of Commissioners.


MAYOR AND COMMISSIONERS

Pete Van Wyhe Mayor $ 120.00 – Bi-Weekly
Todd Baldwin Commissioner $ 120.00 – Bi-Weekly
Robert Bogue Commissioner $ 120.00 – Bi-Weekly
James Nelson Commissioner $ 120.00 – Bi-Weekly
Jerry Chaon Commissioner $ 120.00 – Bi-Weekly

Dated at Canton, South Dakota this 25th day of October, 2004.


Board of Commissioners of
the City of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:
Dan Amert, Finance Officer


Adopted: October 25, 2004
Publish: October 28, 2004


PLANNING AND ZONING ISSUES – SIDE YARD SETBACKS

Finance Officer Amert said that during the October 12th meetings, two questions were raised in the meeting. Mr. Amert said that one was if the City should reset the side yard setback from 5’ to less since the City has been granting variances to that effect. Commissioner Chaon said that if 3’ is acceptable for a variance, why not allow the distance for all parties. Chuck Andresen of the Planning and Zoning Commission expressed that these variances have granted and in the older parts of Canton. Mr. Andresen said the variance process gives them the process to ask for the change. Commissioner Chaon said that the variance may be granted for a reason, but he said the most recent was given for no particular reason. Commissioner Bogue said that under the variance process, there is a hearing process for the applicant to follow before being approved.


PLANNING AND ZONING ISSUES – CERTIFIED CERTIFICATES OF SURVEY

Mr. Amert said that the other issue from the October 12th meeting is having the City require a Survey Certificate from the property owner, proving where the property lines and property pins are located. Commissioner Baldwin said that this needs to pass a common sense test to have a survey done for a $400 shed. Deputy Finance Officer Karen Leffler said that at the bottom of the City’s building permit form, the City asks for their statement that the building permit is correct. Commissioner Bogue and Nelson said that with new lots, the pins should be easy to locate. Chuck Andresen of the Planning and Zoning Commission said he thought the idea was good to implement in the long run. Tanya Iverson of the Planning and Zoning Commission asked if the City could create a waiver form as a part of the building permit to have the property owner assume all responsibility if the building permit is not correct to where the property pins are. The Commission agreed with Ms. Iverson’s suggestion and asked Finance Officer Amert to contact the City Attorney’s office to have a waiver form drafted to be attached to the City’s building permit form. Discussion followed.


FUTURE OF MUNICIPAL LIQUOR STORE

Mayor Van Wyhe entertained a motion to table the issue for further study. Mayor Van Wyhe said that he is having second thoughts on the future. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to table discussion on the issue for two weeks. All ayes, motion carried.


AIRPORT NEWS

Commissioner Chaon reported that Airport Manager Dean Libra will be attending the upcoming FAA meetings in Bismarck, North Dakota next month.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


COMPLAINT – LOCAL BUSINESS

Finance Officer Amert said that the City has received documentation from the State about complaints received on the Splash and Dash car wash due to problems with their machines. Commissioner Chaon said that is being properly handled by the owner since the complaint was filed.


HYDRAULIC STUDY

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to authorize the Mayor to sign the new Hydraulic Study to be conducted for the City by DGR. All ayes, motion carried. Commissioner Chaon asked if the flow rates would be from the floor in the study. Commissioner Chaon said that he thought that was correct. Commissioner Chaon asked if the City was working to notate or color-code the City fire hydrants to know what the water pressure from each hydrant is.

Commissioner Chaon asked if the City was working to eliminate dead ends in the water system. Commissioner Nelson said that issue is being worked on. Commissioner Nelson said the City is working with Dr. Gordon Schulte to put in new water pipe to replace transit pipe in the vicinity of the new Canton Dental Clinic on West Fifth Street. Discussion followed on the study.


AD – GRASS CLIPPINGS AND LEAVES IN GUTTERS

Finance Officer Amert asked for permission to place an ad in the Sioux Valley News to remind residents not to put grass or leaves in the City’s gutters. The Commission agreed to the request.


GUN CLUB LEASE – QUESTIONS FROM CITY ATTORNEY’S OFFICE

Finance Officer Amert reported on issues City Attorney Larry Nelson about his concerns for the proposed new lease to the Canton Gun Club. Commissioner Baldwin said that rather than the 50 years proposed by the Gun Club, he’s looked to have a 10 year lease. Commissioner Nelson said that the work being done out at the Gun Club is great, and he’s like to see if the City could do direct work there, including possibly installed water or sewer to the Gun Club building. Commissioner Baldwin said he’d do some more checking with Police Chief Al Warnock about the proposal.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:01 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 18, 2004


The Canton City Commission met at City Hall on Monday, October 18, 2004 at 7:05 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


SITE CELEBRATION FOR INSTALLATION OF CELLULAR PHONE TOWER BY WESTERN WIRELESS (CELLULAR ONE)

Mayor Van Wyhe opened the celebration of the installation of a new cellular phone tower in Canton. Tom Reiman of Cellular One thanked all in attendance, the SD PUC Commissioner in attendance and the cooperation of the City to help with the location of a cellular phone tower in Canton. Mr. Reiman said the new tower should help with economic growth in the Canton area. Bob Sahr, Chairman of the SD PUC, thanked all who came to the meeting and praised the local support in Canton to help bring Cellular One to Canton. Chairman Sahr thanked Cellular One for bringing in critical investment to the State of South Dakota to help service better public safety, economic development, and to communicate with each other. State Representative Joel Dykstra commented by thanking the Canton City Commission for their foresight to facilitate bringing the cellular infrastructure of the next century, telecommunications, to Canton. Chairman Sahr thanked all who came and happy to help provide the support to Canton and other communities in Canton. The meeting was recessed to enjoy the celebration of Cellular One coming to Canton


7:30 P.M. – KIM McINTOSH OF THE SD DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Kim McIntosh of the SD Department of Environment and Natural Resources (SD DENR) was present to discuss with the City Commission about the recent Brownfields program. Ms. McIntosh explained the new program through the SD DENR and her conversations with Canton Community Coordinator Lisa Alden. Ms. McIntosh said the monies for Brownfields have come from the former EPA Superfund clean up program to direct more funds on a local level. Ms. McIntosh said the program is for properties that may be contaminated, abandoned or blighted. Ms. McIntosh said the Brownfields Assessment is targeted for cities and counties and can’t go to private parties. Ms. McIntosh explained recent projects completed or in process at Redfield and at Parker.

Ms. McIntosh said her concern with Canton’s potential site (former Dump at Chautauqua Park) is that it is a former dump, which has not been tried yet by the SD DENR. Ms. McIntosh said her immediate concerns with the site include the unknowns with reclaiming the site along with the potential cost to the City to reclaim the site. Ms. McIntosh said the potential for ground water contamination at a site close to a river is a concern to her along with the possible vapors coming from a garbage dump. Ms. McIntosh described the possible options to the City with the site, from soil testing to leaving the site alone. Commissioner Bogue said the real scary problem to him is that the City could have a great potential liability if it would conduct a reclamation project. Ms. McIntosh stated that, in her opinion, the $200,000 for Brownfields funds would not reclaim the site and the remaining cost would be the City’s to pay. Ms. McIntosh said the City does not nor would not lose its liability for creating the dump site in the first place.

Commissioner Chaon said the area in question is the old Big Sioux River channel and may very well still be in the State of Iowa. Discussion followed on the closed site at Chautauqua Park and the state boundary issues. Howard Paul asked if there was anything the City could do to prevent any releases into the river. Ms. McIntosh stated it depends on how the dump was originally built. Commissioner Nelson suggested having the City Attorney’s office to see where does the State boundaries of South Dakota and Iowa are into play before proceeding forward. Commissioner Bogue agreed with Commissioner Nelson’s suggestion. The Commission thanked Ms. McIntosh for her time and information.


CONDITIONAL USE PERMIT HEARING – CAROLYN GUENTHER

Mayor Van Wyhe opened the Conditional Use Permit hearing for Carolyn Guenther at 118 North Pleasant for a sewing business out of her home. Mayor Van Wyhe read the Planning and Zoning Commission’s approved the Conditional Use Permit request. Commissioner Bogue asked if anyone was present to speak for or against the Conditional Use Permit request. No one was present to speak for or against it. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Conditional Use Permit request for Ms. Guenther. All ayes, motion carried.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Chaon, seconded by Commissioner Baldwin to approve the minutes of the October 12, 2004 City Commission meeting as presented. All ayes, motion carried.


STERLING HEATH – REQUEST FOR LAND

Sterling Heath of Sterling Carpets was present to request the City to look at purchasing part of the lot to the north of his building (the former Canton Fire Hall) for use as storage of products. Mr. Heath stated that he has run out of room at the former Fire Hall and is willing to work with the City to buy the land. Mayor Van Wyhe asked if the Commissioners were willing to look into this. Finance Officer Amert said the City could give the land to the Canton Economic Development Corporation and sell it to Mr. Heath. Discussion followed. The Commission took the matter under further advisement.


NUISANCES ISSUE

Canton Community Coordinator Lisa Alden discussed with the Commission pictures she had taken of properties in Canton about their condition. Commissioner Baldwin stated that he is not comfortable with taking action on a property where people are living in. Commissioner Baldwin said that unless there are health concerns to the property, the City is not in a position to make a judgement. Discussion followed.


SET HEARING – 2005 LIQUOR AND WINE LICENSING HEARING

Finance Officer Amert asked to set the hearing date and time for the 2004 Liquor and Wine Licensing for Monday, December 6th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to set the hearing date and time for the 2004 Liquor and Wine Licensing for Monday, December 6th at 7:15 p.m. All ayes, motion carried.


SNOW REMOVAL POLICIES

Mr. Amert said that Commissioner Chaon provided a response letter to Tobin Janssen about the way the City conducts its snow removal in Canton. Discussion followed on the City’s handling of snow removal.


AIRPORT SPCCP PLAN

Motion moved by Commissioner Chaon, seconded by Commissioner Bogue to approve the Contract for Engineering Services with KJN of Bismarck, North Dakota for an SPCCP plan at the Canton Airport. Commissioner Chaon stated that the US EPA requires the SPCP plan at an estimated cost of $2,500. Vote – All ayes, motion carried.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


TRAVEL REQUEST

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to send a member of the City Hall staff to the Safety and Loss Conference in Pierre on November 17th and 18th. All ayes, motion carried.


SIDEWALKS

Mayor Van Wyhe said that he’d like to notify residents that the City will be continuing to have residents replace sidewalks. Mayor Van Wyhe said that 3 properties had to have the City installed them at the owner’s expense.


STATE REPAIR WORK – 5th AND CEDAR

Marie Beitzel of the Sioux Valley News asked why the State DOT chose to repair 5th and Dakota during harvest. Finance Officer Amert said the City warned the State DOT not to repair that corner during September or October, but decided to anyway. Mayor Van Wyhe said that if any complaints come in on the work being done at 5th and Cedar to the street, curb and gutter to please call the State DOT office in Sioux Falls.


ASYLUM HOUSE

Commissioner Bogue asked what the status on the Canton Indian Asylum house was at. Finance Officer Amert said that to his understanding, the State will take over and move the house. Mr. Amert said that he’d check with the City Attorney’s office to have the proper documentation drafted to change the ownership of the house over to the State. Marie Beitzel of the Sioux Valley News asked why was the Hiawatha Golf Course in charge of placing the gates and lights on the former Canton Indian Asylum, instead of the City doing this. Commissioner Baldwin said he understood the Golf Course was willing to do the work on this project. Discussion followed.


PROPOSAL FROM BURLINGTON NORTHERN SANTA FE RAILROAD

Howard Paul briefly discussed his concerns with the BNSF railroad’s proposal to the City to close 4th Street. Mr. Paul said there are no provisions for utility easements once the crossings are closed. The Commission asked to have the City Attorney’s office reviews the proposal for the City.


UNLICENSED VEHICLES PARKED ON PRIVATE PROPERTY

Vince McKenney complained about a few vehicles near the Masonic Temple parked on private property that were unlicensed. Commissioner Baldwin said that he’d have the Police Department look into the matter.


EXECUTIVE SESSION

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to declare an Executive Session for a Legal matter. All ayes, motion carried.

Executive Session began at 8:39 p.m.
Mayor Van Wyhe ended Executive Session at 8:50 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:51 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 12, 2004


The Canton City Commission met at City Hall on Tuesday, October 12, 2004 at 7:00 p.m. with the following members present: Commissioners Todd Baldwin, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Mayor Pete Van Wyhe and Commissioner Robert Bogue


APPOINTMENT OF ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to appoint Commissioner Nelson as Acting President of the Board of Commissioners. All ayes, motion carried.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Chaon, seconded by Commissioner Baldwin to approve the minutes of the October 4, 2004 City Commission meeting as presented. All ayes, motion carried.


NUISANCES

Finance Officer Amert explained pictures that were delivered to the City complaining about the condition of properties being lived in Canton. Mr. Amert said that Canton Community Coordinator Lisa Alden had taken the pictures. Commissioner Baldwin stated that he is not comfortable with taking action on a property where people are living in. Commissioner Baldwin said that unless there are health concerns to the property, the City is not in a position to make a judgement. Discussion followed.


DISCUSSION OF PROPOSED ORDINANCE 904 – ANIMAL LICENSING

Commissioner Baldwin said that he has “cooled down” on the animal licensing issue. Commissioner Baldwin stated that since any problems with the issue has gone away, he’d like to wait and see if any complaints are received before proceeding with any further discussion. The Commission agreed to the request.


SCHEDULE HEARING – AMENDMENT TO THE PLANNING AND ZONING ORDINANCE

Finance Officer Amert stated that a hearing to amend the City’s Planning and Zoning Ordinance has to be scheduled. Mr. Amert said the hearing would review the proposed Ordinance 905, which would amend the Zoning Ordinance to allow for residential living quarters, by a Conditional Use Permit, in a B-2 (General Commercial) zone. Mr. Amert asked to set the hearing date and time for Monday, November 1st at 7:30 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to set the hearing date and time for Monday, November 1st at 7:30 p.m. for the proposed Amendment to the Zoning Ordinance. All ayes, motion carried.


REQUEST FOR DISCUSSION – PROPOSAL FROM BURLINGTON NORTHERN SANTA FE RAILROAD

Finance Officer Amert reported that he was contact by Lynn Leibfried about the Burlington Northern Santa Fe railroad’s proposal to the City. Mr. Amert said that since there are two members absent, Mr. Amert suggested having the issue tabled to the October 18th meeting. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to table the issue to the October 18th meeting. All ayes, motion carried.

7:10 P.M. – RE-ZONING HEARING – CANTON GOOD SAMARITAN CENTER

Acting President Jim Nelson opened the hearing to allow for the re-zoning of the property at the Canton Good Samaritan Center from R-2 to R-3. Finance Officer Amert reported that City requested to certain properties of 5 units or more that if were to conduct any future expansion on their property, the property would need to be re-zoned from R-2 to R-3. Mr. Amert said that the Good Samaritan Center is the first to file for the change since the letters were sent. Acting President Nelson said that the Planning and Zoning Commission approved the re-zone request 4-0. Commissioner Baldwin asked if anyone was here to speak against the proposed re-zone. No one spoke for or against the request. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the re-zone request from R-2 to R-3. All ayes, motion carried.


SNOW REMOVAL POLICIES

Mr. Amert read a letter from Tobin Janssen about the way the City conducts its snow removal in Canton, specifically in the Christmas Lake Addition. Mr. Amert said the City sends out a notice in the City’s water bills in the fall of the year. Public Works Commissioner Jerry Chaon said that he’d be willing to contact Mr. Janssen about his letter and will work to answer their questions. Commissioner Baldwin said last year was very odd and difficult to handle. Commissioner Chaon said the City may need to plow twice in these odd cases. Discussion followed.

Commissioner Chaon said that he’d like to look at the City’s sidewalk policy, stating it was too quick of a turnaround to require sidewalks to be cleared in 24 hours. Rod McKenney questioned why it was too quick of a turnaround. Mr. McKenney explained how he clears snow from his property. Discussion followed. Commissioner Chaon said that he’d like to see the City contact the property owner first about the sidewalk before proceeding with the City to clear it. Commissioner Baldwin said the issue of enforcement is also tough for law enforcement.


AIRPORT FLY-IN BREAKFAST

Commissioner Chaon reported on the Airport Fly-In Breakfast on September 19th, with over 200 people coming out for breakfast and 130 rides were given in airplanes.


FIRE HOUSE OPEN HOUSE

Acting President Jim Nelson reported on his visit on October 9th at the open house at the Canton Fire Station during Fire Prevention Week. Acting President Nelson said that he wanted to publicly thank the Fire Department for their work on the open house. Commissioner Baldwin said that they do a great job, with very nice equipment and facilities to go along with it. Commissioner Chaon said that the City also has one of the best water systems around, with water pressure that won’t quit. Further discussion followed.


RECESS

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to declare a recess. All ayes, motion carried.

Recess began at 7:26 p.m.
Recess ended at 7:32 p.m.


VARIANCE HEARING – MIKE MAHONEY

Acting President Jim Nelson opened the Variance Hearing for Mike Mahoney at 204 South Broadway Street. Acting President Nelson read the Planning and Zoning Commission’s approved the variance with the conditions set as to the fence and need for a driveway approach.

Mike Mahoney said the conditions can be followed, but did not think it would look very good. Commissioner Baldwin asked if anyone was present to speak for or against the Variance request. No one was present to speak for or against it. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the variance request for Mr. Mahoney with the conditions set by the Planning and Zoning Commission. All ayes, motion carried.


VARIANCE HEARING – JON PETERS

Acting President Jim Nelson continued the Variance Hearing for Jon Peters at 121 North Blair from the October 12th meeting that was sent back to the Planning and Zoning Commission. Acting President Nelson said that the Planning and Zoning Commission approved the new Variance request using a 2’ setback. Motion moved by Commissioner Baldwin to approve the new variance request for Mr. Peters.

Commissioner Chaon asked why the setback could not be at the standard 5’, rather than request a 3’ setback. Mr. Peters contended the need for aesthetics was his issue. Further discussion followed. Commissioner Chaon questioned that if the City was granting variances for 3’ setback from the property, isn’t this good enough for all properties across Canton. Discussion followed. The Commission asked to have it on the agenda for next week. Motion seconded by Commissioner Chaon. All ayes, motion carried.


DISPOSAL OF VEHICLES

Assistant Police Chief Tim Walburg approached the Commissioners about declaring the 32 vehicles the City removed as abandoned earlier in the summer as surplus. Officer Walburg stated that in conversations with Assistant City Attorney Brenda Ask, the City must list each vehicle separately, deem each as surplus property and state that each vehicle’s value is nominal and will be sold for scrap metal. Discussion followed on the issue of impounded vehicles vs. abandoned vehicles. Commissioner Baldwin said the City would get a nominal fee, but would recover most of the original cost for towing. Officer Walburg said that each vehicle will bring between $35 to $45 each.

1. Blue Chevy Luv Pickup

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

2. American Motors Rambler – SD License 1A5806

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

3. 4 Door Monaco Orange – SD License 44L817

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

4. 2 Door Brown Cadillac – IA License PLL265

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

5. Ford Granada Brown – SD License 44DD14

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

6. Mercury Zephyr Silver – 2 door

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

7. 1 Pickup box frame with engine

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

8. 1980 Chevy Cordoba – SD License 44B6832

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

9. 1979 Mercury Zephyr – SD License 1A72395

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

10. 1982 Datsun ZSX – SD License SD146567

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

11. 1974 Dodge K8W100 Green – SD License 187125

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

12. 1984 Chevy Cavalier Red – SD License 44P717

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

13. 1983 Plymouth Reliant – SD License 1A44134

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

14. 1984 Chevy CT15016 Blue – SD License 1A12373

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

15. 1978 Chevy Monte Carlo Black – SD License 23G554

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

16. 1980 Toyota Corolla Red – SD License 5D7048

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

17. 1981 Ford F-150 Pickup Black-Grey – SD License 44A536

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

18. 1963 Chevy CC109 Tan – SD License 44C2606

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

19. 1971 Datsun PL52 Blue – SD License 44LA30

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

20. 1983 Pontiac Grand Am SD License 37V051

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

21. 1984 Buick Century White – SD License 1A89194

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

22. 1973 Dodge Dart Brown – SD License 44A8602

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

23. 1981 Ford Escort Red – SD License 8B2535

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

24. 1982 Mercury Lynx Blue – SD License 6A1261

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

25. 1974 Ford F-100 Red – SD License 44B6698

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

26. 1965 Dodge Dart White – SD License 44BY09

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

27. 1982 Ford LTD Red – SD License 61A3574

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

28. 1972 Toyota RN22 – SD License 44A8603

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

29. 1967 Ford F-250 Green – SD License 44SN55

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

30. 1982 Ford Escort Red – SD License 44C2271

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

31. 1971 Datsun PL52 Blue – SD License 44LA30

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

32. 1947 Ford Truck – SD Historical License 6262

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon deem such vehicle as surplus property, the vehicle’s value is nominal and will be sold for scrap metal. All ayes, motion carried.

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to direct the Canton Police Department to dispose of the surplus vehicles as they saw fit. All ayes, motion carried.

Officer Walburg said that the Canton Police have been in contact with Tom Vandekeift to remove the vehicles and pay the scrapping price to the City.


NUISANCE PROPERTY CLEAN UP

Assistant Police Chief Tim Walburg said the City will be on Dale Hawe’s property after October 15th at 8:00 a.m. to clean up the property. The Commission was pleased with the progress. Officer Walburg said the City may incur some costs with the clean up due to towing vehicles.


CONDITIONAL USE PERMIT AND VARIANCE HEARING – STEVE JONNES

Acting President Jim Nelson opened the Conditional Use Permit and Variance Hearings for Steve Jonnes at 616 East Fourth Street. Acting President Nelson read the Planning and Zoning Commission’s approved both the Variance and the Conditional Use Permit hearing. Commissioner Chaon questioned if the property was being drawn correctly since no property pins were used in the determination of the lot. Discussion followed. Commissioner Baldwin asked if anyone was present to speak for or against the Conditional Use or the Variance request. No one was present to speak for or against it.

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the Variance request for Mr. Jonnes. All ayes, motion carried.

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the Conditional Use Permit request for Mr. Jonnes. All ayes, motion carried.


ADJOURNMENT

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to adjourn. All ayes, motion carried.

Meeting adjourned at 8:16 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 4, 2004


The Canton City Commission met at City Hall on Monday, October 4, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Todd Baldwin,


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the minutes of the September 27, 2004 City Commission meeting as presented. All ayes, motion carried.

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve the minutes of the September 30, 2004 Special City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the Planning and Zoning Commission minutes of September 14, 2004 and the Canton Library Board of Trustees minutes of August 11, 2004 were in front of the Commissioners to review.


MIKE PEDERSON – CLEARING SNOW ON WEST FIFTH STREET

Former City Commissioner Mike Pederson was present to discuss a letter from the City regarding the ending of snow removal by the City. Finance Officer Amert presented a copy of the letter sent by the City. Mr. Pederson asserted that he represented a number of residents had contacted him about the contents of the letter. Commissioner Bogue asked why the City started this practice in the first place. Commissioner Chaon said that he seems to think that due to the plowing of the streets onto the property owner’s sidewalks. Finance Officer Amert asserted that the City received too many complaints about the way the City was clearing the sidewalks off. Mr. Pederson stated that he did not see any discussion of the issue in the City’s minutes last spring. Mr. Pederson asserted that the City needs to deal with the issue of sidewalks in Canton. Discussion followed on the complaints dealing with sidewalks. After discussion on the issue, a motion was moved by Commissioner Bogue, seconded by Commissioner Nelson to have the City resume clearing the sidewalks on West Fifth Street from Cedar Street to the Beaver Creek Bridge. All ayes, motion carried.


7:15 P.M. – CONDITIONAL USE PERMIT AND VARIANCE HEARINGS – JON PETERS

Mayor Van Wyhe opened the Conditional Use Permit (CUP) and Variance Hearing for Jon Peters at 121 North Blair. Mayor Van Wyhe read that the Planning and Zoning Commission approved the CUP, but denied the Variance request. Commissioner Bogue questioned why Planning and Zoning denied the Variance request. Planning and Zoning Commission Secretary Chuck Andresen said that it was too close for their standards. Commissioner Bogue asked if anyone was present to speak for or against the Variance request. No one was present to speak for or against it. Motion moved by Commissioner Bogue to deny the variance request for Mr. Peters. Motion seconded by Commissioner Chaon. All ayes, motion carried.

Commissioner Bogue asked if anyone was present to speak for or against the CUP request. No one was present to speak for or against it. Motion moved by Commissioner Bogue to approve the CUP for Mr. Peters. Motion seconded by Commissioner Chaon. All ayes, motion carried.

Jon Peters arrived late for the hearing, but requested an opportunity to explain his request for the variance. Mr. Peters explained the variance request. Planning and Zoning Chair Tom Raymon questioned the closeness requested for the shed and that the City has not been granted for anyone else. Mr. Peters said that his variance request was to better utilize his property. Discussion followed. Commissioner Chaon said that, in his opinion, he didn’t feel the City should grant any variances. Mr. Andresen said a variance affects both the present and future neighbors of the variance property. Mr. Andresen said there is a lot of room on the property to place the shed in question. Mr. Andresen said the City should not be accommodating conditions the property owner is creating. Mr. Peters said that he differs with Mr. Andresen’s assertions. Further discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to rescind the earlier motion to deny the variance request for Mr. Peters. Ayes 3, Nay 1 - motion carried. Ayes – Bogue, Nelson and Van Wyhe; Nay – Chaon.

Motion moved by Commissioner Bogue, seconded by Commissioner Bogue to send the variance issue back to the Planning and Zoning Commission for further review. All ayes, motion carried.


OVERTIME ISSUES

Finance Officer Amert discussed with the Commission about the meeting with Greg Brewers on the new Overtime issues and its affects on the City. The Commission asked to wait for one week to think over the issues involved.


DISCUSSION OF PROPOSED ORDINANCE 904

Mayor Van Wyhe reopened discussion on proposed Ordinance 904. Planning and Zoning Commission Chair Tom Raymon said that residents he has talked to has state that the City Commission “has lost its mind” if they passed this Ordinance. Mayor Van Wyhe said that people can complain on the street all they want, but they have an opportunity to meet with the City Commission nearly every Monday night. Mr. Raymon said that he does not see the City representing the voters of Canton and is not a good idea. Commissioner Bogue said that he wanted to not have the people who wanted a pony or animal not to re-zone their property. Commissioner Bogue said that he was looking for a simple process to this issue and an answer to Vince McKenney’s charge that the City was being unfair. Chuck Andresen said that he was concerned with the permit process. Further discussion followed. Mr. Andresen said the City is trying to write rules for the exception. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to table the Ordinance for one week. All ayes, motion carried.


CORRECTION TO ORDINANCE 906 – 2005 CITY BUDGET

Finance Officer Amert asked for permission to make a change to Ordinance 906, the 2005 City Appropriations Ordinance. Mr. Amert said that after the budget was approved at the September 30th meeting, the Ordinance was reviewed by the County Auditor’s office and found an error in the calculation for the Property Tax Levy. Mr. Amert explained the changes to the Ordinance and how to balance the General Fund. Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approved the corrected Ordinance 906. All ayes, motion carried.


ORDINANCE 906
2005 APPROPRIATIONS ORDINANCE

AN ORDINANCE ADOPTING the 2005 Appropriations Ordinance for the City of Canton, South Dakota.

BE IT ORDAINED, BY THE CITY COMMISSIONERS of the City of Canton, that the following sums of money are appropriated to meet the obligations of the municipality.


GENERAL FUND 2005 BUDGET
REVENUES

General Property Taxes 855,248.00
General Sales Tax 367,500.00
Tax Deed 0.00
Penalties and Interest 1,500.00
Licenses and Permits 18,035.00
Federal Intergovernmental Funds 0.00
State Intergovernmental Funds 92,050.00
County Intergovernmental Funds 22,000.00
County in Lieu of Taxes 1,300.00
Charges for Goods and Services 76,195.00
Fines and Forfeits 5,000.00
Miscellaneous Revenue 15,000.00
Contributions and Grants 3,100.00
Solid Waste Fees and Charges 13,520.00
Other Financing Sources 0.00

TOTAL GENERAL FUND REVENUES 1,470,448.00


GENERAL FUND
EXPENDITURES

GENERAL GOVERNMENT 2005 BUDGET

City Commission 15,675.00
Contingency 0.00
Mayor 3,920.00
Elections 1,750.00
City Attorney 11,200.00
Finance Office 94,540.00
General Government Buildings 47,650.00

TOTAL GENERAL GOVERNMENT 174,735.00

PUBLIC SAFETY

Police 357,779.00
Volunteer Fire Department 64,150.00
Rabies and Animal Control 10,970.00
PUBLIC SAFETY 2005 BUDGET

Rescue Services 12,600.00

TOTAL PUBLIC SAFETY 445,499.00

PUBLIC WORKS

Highway and Streets 315,101.00
Street and Stop Lights 46,800.00
Snow Removal 73,560.00
Street Cleaning 33,245.00
Solid Waste - Rubble Site 43,685.00
Weed Control 650.00
Recycling Center 0.00

TOTAL PUBLIC WORKS 513,041.00

CULTURE AND RECREATION

Recreation 28,850.00
Parks and Park Areas 146,816.00
Pool 77,325.00

Library 137,540.00
Economic Development & Assistance 22,566.00

TOTAL CULTURE AND RECREATION 413,097.00

TOTAL GENERAL FUND EXPENDITURES 1,546,372.00
TOTAL GENERAL FUND REVENUES 1,470,448.00

GENERAL FUND BALANCE (75,924.00)

Transfer to the Airport Fund (22,350.00)
Transfer from Reserves for Equipment Purchases 15,000.00
Transfer from Reserves 83,274.00

GENERAL FUND BALANCE 0.00
=========


ADDITIONAL SALES TAX FUND
(SECOND PENNY SALES TAX) 2005 BUDGET

REVENUES

Second Penny Sales Tax Revenues 317,025.00

TOTAL ADDITIONAL SALES TAX REVENUES 317,025.00

EXPENDITURES

Machinery and Equipment 33,250.00
Reseal/Resurfacing Streets 40,000.00
Bond Principal Payments 112,805.00
Bond Interest Payments 22,715.00
Debt Service Costs 0.00

TOTAL ADDITIONAL SALES TAX EXPENDITURES 208,770.00

Surplus Revenues Retained for Future Projects 108,255.00

ADDITIONAL SALES TAX FUND BALANCE 0.00
=========


DEBT SERVICE FUND 2005 BUDGET

REVENUES

General Property Taxes 33,310.00

TOTAL DEBT SERVICE REVENUES 33,310.00

EXPENDITURES

SRF Loan Payments and Interest 32,810.00
Debt Service Costs 500.00

TOTAL DEBT SERVICE EXPENDITURES 33,310.00

DEBT SERVICE BALANCE 0.00
=========


1996 SPECIAL ASSESSMENT PROJECT 2005 BUDGET

REVENUES

Bond Principal Revenues – 1996 SAP 4,600.00
Bond Interest Revenues – 1996 SAP 1,145.00
Interest on Investments 0.00

TOTAL 1996 S.A.P. REVENUES 5,745.00


EXPENDITURES

Bond Principal Payments – 1996 SAP 4,600.00
Bond Interest Payments – 1996 SAP 1,145.00
Other Debt Service Costs 0.00

TOTAL 1996 S.A.P. EXPENDITURES 5,745.00

1996 S.A.P. PROJECT BALANCE 0.00
========


2001 SCENIC HEIGHTS SPECIAL ASSESSMENT PROJECT 2005 BUDGET

REVENUES

Special Assessment Principal Revenues 4,900.00
Special Assessment Interest Revenues 1,200.00
Interest on Investments 0.00

TOTAL 2001 S.A.P. REVENUES 6,100.00


EXPENDITURES

Special Assessment Principal Payments 0.00
Special Assessment Interest Payments 0.00
Other Debt Service Costs 0.00

TOTAL 2001 S.A.P. EXPENDITURES 0.00

Surplus Revenues Retained 6,100.00

2001 S.A.P. PROJECT BALANCE 0.00
========
ENTERPRISE FUNDS:

LIQUOR FUND 2005 BUDGET

REVENUES

Municipal Liquor Store Sales 197,600.00
Other Store Purchases and Markups 442,050.00
Video Lottery Income 110,000.00

TOTAL LIQUOR FUND REVENUES 749,650.00

EXPENDITURES

Municipal Liquor Store 293,610.00
Other Store Purchases 398,500.00
Video Lottery Expenses 250.00

TOTAL LIQUOR FUND EXPENDITURES 692,360.00

Surplus Revenues Retained 57,290.00

LIQUOR FUND BALANCE 0.00
========


WATER FUND 2005 BUDGET

REVENUES

Metered Water Sales 447,900.00
Other Water Revenues 31,950.00
Water Improvements Reserve 20,000.00

TOTAL WATER FUND REVENUES 499,850.00

EXPENDITURES

Water Sources of Supply, Pumping & Purify 225,380.00
Water Billing 37,370.00
Water Improvements Reserve 20,000.00
Water Distribution 152,775.00
Water Administration 98,857.00

TOTAL WATER FUND EXPENDITURES 534,382.00

WATER FUND BALANCE (34,532.00)

Transfer from Reserves for Future Well Project 50,000.00
Revenues Retained for Future Construction 15,468.00

WATER FUND BALANCE 0.00
===========


SEWER FUND 2005 BUDGET

REVENUES

Sewer Charges 361,256.00
Other Sewer Revenues 17,600.00

TOTAL SEWER FUND REVENUES 378,856.00

EXPENDITURES

Sewer Collection and Disposal 332,546.00
Sewer Billing 35,420.00

TOTAL SEWER FUND EXPENDITURES 367,966.00

Estimated Surplus Revenues Retained for Future Construction 3,324.00

SEWER FUND BALANCE 0.00
========

AIRPORT FUND 2005 BUDGET

REVENUES

Farmland Rental 4,700.00
Aviation Fuel Sales 15,000.00
Fixed Base Operator Fees 6,000.00
Crops and Other Revenues 11,750.00

TOTAL AIRPORT FUND REVENUES 37,450.00

EXPENDITURES

Airport Operations 84,800.00

TOTAL AIRPORT FUND EXPENDITURES 84,800.00

Appropriation from Reserves 25,000.00
Transfer from General Fund 22,350.00

AIRPORT FUND BALANCE 0.00
========


WATER DEPOSITS 2005 BUDGET

REVENUES – WATER DEPOSITS 4,200.00

EXPENDITURES – WATER DEP REFUNDS 4,000.00

Estimated Revenues Retained in Trust 200.00

WATER DEPOSITS BALANCE 0.00
========

The Finance Officer is directed to certify the following dollar amount of tax levies in ordinance to the Lincoln County Auditor:

For General Fund purposes: $ 832,796.00
For Debt Service purposes: $ 33,310.00

Dated at Canton, South Dakota this 30th day of September, 2004.


The City Commissioners of the
City of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert, Finance Officer


First Reading: September 7, 2004
Second Reading and Adoption: September 30, 2004
Publishing Date: October 14, 2004
Effective Date: November 3, 2004


CHANGING PAY FOR COMMISSIONERS

Commissioner Chaon requested to have the City Commissioners paid on a bi-weekly salary rather than based on the per meeting paid as the Commission is now. Discussion followed on issues relating to the pay scales.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve the warrants. All ayes, motion carried.


TRAVEL REQUESTS

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to send staff from the City Finance Office staff to the SD Municipal League Election Workshop on December 1st in Sioux Falls. All ayes, motion carried.

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve sending Finance Officer Amert to a Community Development Block Grant (CDBG) meeting in Sioux Falls on October 14th. All ayes, motion carried.

CELL TOWER CELEBRATION

Finance Officer Amert said the SD Public Utilities Commission (PUC) has requested having a site celebration at the start of the Cellular One Tower in Canton. Mr. Amert said the request is to have at the start of the October 18th City Commission meeting. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Chaon to approve the site celebration for Cellular One for October 18th meeting. All ayes, motion carried.


TRAVEL REQUESTS

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to send Water and Wastewater Superintendent Jeff Fossum to the Ground Water Workshop on October 12, 2004 in Brookings. All ayes, motion carried.


NUISANCE PROPERTIES – CLEAN UP

Assistant Police Chief Tim Walburg approached the Commissioners about upcoming clean up of properties in Canton. Officer Walburg said that Dale Hawe may agree to sign a letter allowing the City onto his property after October 15th at 8:00 a.m. to clean up the property. The Commission was pleased with the progress. Officer Walburg said the City may incur some costs with the clean up if the agreement is reached.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to adjourn. All ayes, motion carried.

Meeting adjourned at 8:16 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF SPECIAL CANTON CITY COMMISSION MEETING
SEPTEMBER 30, 2004


The Canton City Commission met in Special Session at City Hall on Thursday, September 30, 2004 at 4:07 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Jerry Chaon. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jim Nelson


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


2005 BUDGET DISCUSSION – SECOND READING OF ORDINANCE 906

Finance Officer Amert led the discussion of the 2005 Budget by discussing recent changes to budgets in the Finance Office, Water Billing, Sewer Billing and in Sewer Disposal. Mr. Amert explained the proposed changes for the 2005 Budget for splitting up the cost of staff in the Finance Office. Mayor Van Wyhe said that he’d take out $7,000 from the Parks budget due to not putting in a sprinkler system in Jack Fox Park. Discussion followed on other changes and additions to the budgets in the General Fund. Mr. Amert discussed other changes in Water Fund and Sewer Fund to bring both Funds into balance. The Commission agreed to pay off the cost of a new well over 2 years rather than in one year.

Mr. Amert said that changes into the Sewer Fund for new leased equipment may lead to the City having to increase Sewer rates by about 6.25%, or .75 per month to the base Sewer bill. Discussion followed on revamping the Sewer rates to use the “Winter Quarter” as a basis for Sewer rates.

Discussion followed on changes for the General Fund to balance the 2005 budget. The Commission agreed to draw the difference for now from Reserves and wait to see what the November 2nd Election may cause. Commissioner Baldwin said the City would wait to make large purchases such as equipment until the second ½ of the year. The Commission agreed to the decree.

Mr. Amert said that he’s make one request that he’ll make to the departments in the General Fund to make listing of specific cuts each department would make to meet any changes to the City’s revenue sources, specifically the potential loss of Sales Tax due to the passage of Amendment One, the Food Tax Initiative. Mr. Amert also said that another area the City will need to look at is potentially leasing the Liquor Store out to private individuals. Commissioner Bogue said that he’d like to see the City go that route. Sioux Valley News reporter Marie Beitzel questioned if the City was planning to get out of the Liquor business completely. Commissioner Bogue stated that he’d prefer to lease out the Liquor Store to a private individual and to stay in the Liquor business as a Lessor. Further discussion followed.

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve Ordinance 906 on Second Reading with the aforementioned changes. All ayes, motion carried.

ORDINANCE 906
2005 APPROPRIATIONS ORDINANCE

AN ORDINANCE ADOPTING the 2005 Appropriations Ordinance for the City of Canton, South Dakota.

BE IT ORDAINED, BY THE CITY COMMISSIONERS of the City of Canton, that the following sums of money are appropriated to meet the obligations of the municipality.


GENERAL FUND 2005 BUDGET
REVENUES

General Property Taxes 855,248.00
General Sales Tax 367,500.00
Tax Deed 0.00
Penalties and Interest 1,500.00
Licenses and Permits 18,035.00
Federal Intergovernmental Funds 0.00
State Intergovernmental Funds 92,050.00
County Intergovernmental Funds 22,000.00
County in Lieu of Taxes 1,300.00
Charges for Goods and Services 76,195.00
Fines and Forfeits 5,000.00
Miscellaneous Revenue 15,000.00
Contributions and Grants 3,100.00
Solid Waste Fees and Charges 13,520.00
Other Financing Sources 0.00

TOTAL GENERAL FUND REVENUES 1,470,448.00


GENERAL FUND
EXPENDITURES

GENERAL GOVERNMENT 2005 BUDGET

City Commission 15,675.00
Contingency 0.00
Mayor 3,920.00
Elections 1,750.00
City Attorney 11,200.00
Finance Office 94,540.00
General Government Buildings 47,650.00

TOTAL GENERAL GOVERNMENT 174,735.00

PUBLIC SAFETY

Police 357,779.00
Volunteer Fire Department 64,150.00
Rabies and Animal Control 10,970.00
Rescue Services 12,600.00

TOTAL PUBLIC SAFETY 445,499.00

PUBLIC WORKS 2005 BUDGET

Highway and Streets 315,101.00
Street Lights and Stop Lights 46,800.00
Snow Removal 73,560.00
Street Cleaning 33,245.00
Solid Waste - Rubble Site 43,685.00
Weed Control 650.00
Recycling Center 0.00

TOTAL PUBLIC WORKS 513,041.00

CULTURE AND RECREATION

Recreation 28,850.00
Swimming Pool 77,325.00
Parks and Park Areas 146,816.00
Library 137,540.00
Economic Development & Assistance 22,566.00

TOTAL CULTURE AND RECREATION 413,097.00

TOTAL GENERAL FUND EXPENDITURES 1,546,372.00
TOTAL GENERAL FUND REVENUES 1,470,448.00

GENERAL FUND BALANCE (75,924.00)

Transfer to the Airport Fund (22,350.00)
Transfer from Reserves for Equipment Purchases 15,000.00
Transfer from Reserves 83,274.00

GENERAL FUND BALANCE 0.00
=========

ADDITIONAL SALES TAX FUND
(SECOND PENNY SALES TAX) 2005 BUDGET

REVENUES

Second Penny Sales Tax Revenues 317,025.00

TOTAL ADDITIONAL SALES TAX REVENUES 317,025.00

EXPENDITURES

Machinery and Equipment 33,250.00
Reseal/Resurfacing Streets 40,000.00
Bond Principal Payments 112,805.00
Bond Interest Payments 22,715.00
Debt Service Costs 0.00

TOTAL ADDITIONAL SALES TAX EXPENDITURES 208,770.00

Surplus Revenues Retained for Future Projects 108,255.00

ADDITIONAL SALES TAX FUND BALANCE 0.00
=========


DEBT SERVICE FUND 2005 BUDGET

REVENUES

General Property Taxes 33,310.00

TOTAL DEBT SERVICE REVENUES 33,310.00

EXPENDITURES 2005 BUDGET

SRF Loan Payments and Interest 32,810.00
Debt Service Costs 500.00

TOTAL DEBT SERVICE EXPENDITURES 33,310.00

DEBT SERVICE BALANCE 0.00
=========


1996 SPECIAL ASSESSMENT PROJECT 2005 BUDGET

REVENUES

Bond Principal Revenues – 1996 SAP 4,600.00
Bond Interest Revenues – 1996 SAP 1,145.00
Interest on Investments 0.00

TOTAL 1996 S.A.P. REVENUES 5,745.00


EXPENDITURES

Bond Principal Payments – 1996 SAP 4,600.00
Bond Interest Payments – 1996 SAP 1,145.00
Other Debt Service Costs 0.00

TOTAL 1996 S.A.P. EXPENDITURES 5,745.00

1996 S.A.P. PROJECT BALANCE 0.00
========


2001 SCENIC HEIGHTS SPECIAL ASSESSMENT PROJECT 2005 BUDGET

REVENUES

Special Assessment Principal Revenues 4,900.00
Special Assessment Interest Revenues 1,200.00
Interest on Investments 0.00

TOTAL 2001 S.A.P. REVENUES 6,100.00

EXPENDITURES 2005 BUDGET

Special Assessment Principal Payments 0.00
Special Assessment Interest Payments 0.00
Other Debt Service Costs 0.00

TOTAL 2001 S.A.P. EXPENDITURES 0.00

Surplus Revenues Retained 6,100.00

2001 S.A.P. PROJECT BALANCE 0.00
========

ENTERPRISE FUNDS:

LIQUOR FUND 2005 BUDGET

REVENUES

Municipal Liquor Store Sales 197,600.00
Other Store Purchases and Markups 442,050.00
Video Lottery Income 110,000.00

TOTAL LIQUOR FUND REVENUES 749,650.00


EXPENDITURES

Municipal Liquor Store 293,610.00
Other Store Purchases 398,500.00
Video Lottery Expenses 250.00

TOTAL LIQUOR FUND EXPENDITURES 692,360.00

Surplus Revenues Retained 57,290.00

LIQUOR FUND BALANCE 0.00
========


WATER FUND 2005 BUDGET

REVENUES

Metered Water Sales 447,900.00
Other Water Revenues 31,950.00
WATER FUND 2005 BUDGET

Water Improvements Reserve 20,000.00

TOTAL WATER FUND REVENUES 499,850.00


EXPENDITURES

Water Sources of Supply, Pumping & Purify 225,380.00
Water Billing 37,370.00
Water Improvements Reserve 20,000.00
Water Distribution 152,775.00
Water Administration 98,857.00

TOTAL WATER FUND EXPENDITURES 534,382.00

WATER FUND BALANCE (34,532.00)

Transfer from Reserves for Future Well Project 50,000.00
Revenues Retained for Future Construction 15,468.00

WATER FUND BALANCE 0.00
===========


SEWER FUND 2005 BUDGET

REVENUES

Sewer Charges 361,256.00
Other Sewer Revenues 17,600.00

TOTAL SEWER FUND REVENUES 378,856.00

EXPENDITURES

Sewer Collection and Disposal 332,546.00
Sewer Billing 35,420.00

TOTAL SEWER FUND EXPENDITURES 367,966.00

Estimated Surplus Revenues Retained for Future Construction 3,324.00

SEWER FUND BALANCE 0.00
========
AIRPORT FUND 2005 BUDGET

REVENUES

Farmland Rental 4,700.00
Aviation Fuel Sales 15,000.00
Fixed Base Operator Fees 6,000.00
Crops and Other Revenues 11,750.00

TOTAL AIRPORT FUND REVENUES 37,450.00

EXPENDITURES

Airport Operations 84,800.00

TOTAL AIRPORT FUND EXPENDITURES 84,800.00

Appropriation from Reserves 25,000.00
Transfer from General Fund 22,350.00

AIRPORT FUND BALANCE 0.00
========


WATER DEPOSITS 2005 BUDGET

REVENUES – WATER DEPOSITS 4,200.00

EXPENDITURES – WATER DEP REFUNDS 4,000.00

Estimated Revenues Retained in Trust 200.00

WATER DEPOSITS BALANCE 0.00
========

The Finance Officer is directed to certify the following dollar amount of tax levies in ordinance to the Lincoln County Auditor:

For General Fund purposes: $ 835,248.00
For Debt Service purposes: $ 33,310.00

Dated at Canton, South Dakota this 30th day of September, 2004.


The City Commissioners of the
City of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert, Finance Officer


First Reading: September 7, 2004
Second Reading and Adoption: September 30, 2004
Publishing Date: October 7, 2004
Effective Date: October 27, 2004


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 4:37 p.m.

Respectfully submitted,


_______________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 27, 2004


The Canton City Commission met at City Hall on Monday, September 27, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, and Jim Nelson. Deputy Finance Officer Karen Leffler recorded the minutes.

Absent: Commissioner Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes with the corrected Resolution numbers 1112 and 1113. All ayes, motion carried.


STERLING CARPETS: REQUEST FOR AN EASEMENT

Deputy Finance Officer Leffler relayed a request from Sterling Heath regarding a request for a possible easement on the north side of his building. Mr. Heath wants to build cold storage on the north side of the building thirteen feet deep. He has ten feet, and would need an additional three feet to build it deep enough for a twelve foot roll of carpet. Discussion followed. Deputy Finance Officer Leffler stated that Mr. Heath would like the commission to think about it and hopefully he will be able to attend next week’s meeting.


SET A HOME OCCUPATION HEARING – CAROLYN GUENTHER

Mayor Van Wyhe read a request for a Home Occupation for Carolyn Guenther at 118 North Pleasant to have a home-based mending and alterations business. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the hearing for October 18, 2004 at 7:15pm. All ayes, motion carried.


APPROVAL OF AGREEMENT FOR BILLBOARD ON I-29 – LAMAR OUTDOOR ADVERTISING

Mayor Van Wyhe asked if the Chamber and Development Corporation has agreed to this contract. Community Coordinator Lisa Alden informed the Commission that neither organization has discussed it yet. The Chamber will meet on October 5th and the Development Corporation will meet on the 6th. Motion by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Contract contingent upon approval by the Chamber and the Development Corporation. All ayes, motion carried.


DISCUSSION OF SECOND READING OF PROPOSED ORDINANCE 904

Deputy Finance Officer Karen Leffler presented the Ordinance 904 and explained that City Attorney Nelson combined the proposed ordinance with the animal ordinance we have now. Discussion followed. Mr. Tom Raymon expressed the need for a hearing to be held for a permit to be issued for animals. Motion made by Commissioner Baldwin, seconded by Commissioner Bogue to table Ordinance 904 until next week to allow the commissioners time to read it over. Further discussion followed on the need for a hearing prior to issuance of a permit.


2005 BUDGET DISCUSSION

Mayor Van Wyhe asked the Commission that since Finance Officer Dan Amert and Commissioner Chaon were not present if they would mind scheduling a Commission meeting for Thursday to finalize the 2005 budget. Discussion followed concerning a time to schedule it. Commissioner Nelson was unsure if he could attend. Motion made by Commissioner Baldwin, seconded by Commissioner Bogue to schedule a Commission meeting for Thursday, September 30th at 4:00pm. All ayes, motion carried.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


TREES ON THE EAST SIDE OF FARMERS STATE BANK

Commissioner Nelson reported that he had received comments about the trees overhanging the sidewalk on the east side of Farmers State Bank. Discussion followed. Commissioner Bogue said that he had seen work being done there on Saturday.


PLANNING AND ZONING AND COMMISSION HEARING SET FOR ORDINANCE 905

Deputy Finance Officer Leffler reported to the Commission that the question raised on the passage of Ordinance 905, adopted on September 13, 2004 was valid. Ordinance 905 concerns the amendment to B-2 District; allowing residential dwellings as a conditional use. As Planning and Zoning Commissioner Andresen had brought up last week, any amendment to the Planning and Zoning Regulations has to go through a hearing by the Planning and Zoning Commission. Since that had not happened, the ordinance has to go through the process. Deputy Finance Officer Leffler reported that the City Attorney said that it could be done with a combined hearing with Planning and Zoning and the City Commission. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to hold a combined hearing on Ordinance 905 on October 25th, 2004 at 7:30pm.


CONDITIONAL USE HEARING FOR TODD ESCHE

Deputy Finance Officer Leffler requested the Commission to cancel the Conditional Use Permit Hearing, that was scheduled for October 18th, 2004, for Todd Esche concerning his property at 513 West Fifth. The Conditional Use is based on the passage of the amendment to the B-2 Conditional Uses. The Conditional Use Permit Hearing will need to be rescheduled after the passage of Ordinance 905. Motion made by Commissioner Baldwin, seconded by Commissioner Nelson to cancel the Conditional Use Permit hearing for Todd Esche that was scheduled for October 18th.


PROPERTY NUISANCE REPORT - OFFICER TIM WALBURG

Officer Walburg reported that they had hauled seven dump loads from the Don Hawe property, 626 South Bartlett, last Tuesday, which much improved the property.

Officer Walburg reported that he had a tentative agreement with Dale and Leah Hawe concerning their property at 710 South Bartlett pending the Commission’s approval. Officer Walburg reported that Dale Hawe is willing to sign a document allowing the City to go on their property to clean it up to satisfy the nuisance charges. The City would then dismiss the criminal charges and dismiss the criminal complaint as long as they keep the property looking neat. The date set for this is October 15th. This will give them two weeks to get it done. Discussion followed. Commissioner Bogue stated that it has to be in writing that the property be maintained, with no deals in the future. Commissioner Baldwin voiced concerns about helping Mr. Dale Hawe at taxpayer’s expense without recouping anything back. Mayor Van Wyhe asked if we can sell the removed material right away. Officer Walburg stated that the material has no ownership and can be sold, unlike a vehicle. Officer Walburg informed the Commissioners that the City can apply for abandoned vehicle titles on the vehicles we now have in the junk pile and declare them surplus property. Discussion followed. Motion made by Commissioner Baldwin, seconded by Commissioner Bogue to apply for the abandoned vehicle titles for the vehicles we have in impound. All ayes, motion carried.


DISCUSSION ON THE ISSUES WITH AMENDMENTS TO FAIR LABOR STANDARDS ACT (FLSA) – GREG BREWERS

Greg Brewers from the Frieberg Zimmer Duncan Nelson Law Firm was present to speak on the amendments to the Fair Labor Standards Act concerning the overtime issues. Mr. Brewers summarized the amendments concerning overtime issues. On August 23rd the Administrative Regulations changed. They were meant to make the regulations cleaner and simpler. Mr. Brewers reported that he and Finance Officer Amert had met and talked over the issues of exempt and non-exempt employee status, administrative and executive functions. After speaking with Mr. Amert, Mr. Brewers stated that, in his opinion, other than the Finance Officer’s position, there are no exempt employees. The other employees are hands on employees, the ones doing the actual work. This includes the head librarian, the liquor store manager, the police chief, Superintendents of Water/ Wastewater and Public Works. Discussion followed. Commissioner Bogue wanted confirmed that the City could state that the position, such as the Liquor Store manager, would not have overtime. Commissioner Baldwin wanted confirmed that the police would be paid overtime on an 86 hour-two week period. Discussion followed. The Commissioners thanked Mr. Brewers for coming in and explaining the changes and how they affected the City.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned 7:50pm.

Respectfully submitted,


_______________________________________
Karen K. Leffler, Deputy Finance Officer

WARRANTS:

GENERAL: Prairie Wave, 46.86, telephone service.

GENERAL LEDGER: First American Bank & Trust, 100,000.00, Fire Station payment.

SECOND PENNY: First American Bank and Trust, 33,879.24, Fire Station payment.

 

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 20, 2004


The Canton City Commission met at City Hall on Monday, September 20, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the September 13, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the Planning and Zoning Commission minutes of August 3, 2004; the Canton Airport Board minutes of July 20, 2004; and the Canton Airport Board minutes of August 16, 2004 were in front of the Commissioners to review.


LISA ALDEN – CLEAN UP OF CHAUTAUQUA PARK

Canton Community Development Coordinator Lisa Alden asked the Commissioners if the City had properly contained and closed the former Canton dump near Chautauqua Park. Finance Officer Amert said that in reviewing the records and contacting former County Planning and Zoning Director Don Pottratz, the dump site was closed and covered properly in 1980 and that the City worked with the South Dakota Department of Environment and Natural Resources (SD DENR) during the closing process. Ms. Alden said that she would talk to the Canton Development Corporation at their next meeting if it were worth pursuing the Brownfields grant program to clean up the dump at Chautauqua Park.
CANTON COMPREHENSIVE PLAN

Ms. Alden said that she had distributed the copies of the Canton Comprehensive Plan to the members of the Canton Economic Development Corporation (CEDC). Commissioner Bogue appreciated Ms. Alden for distributing the copies to the members. Commissioner Bogue said that he planned to meet with the CEDC at their next meeting to discuss a meeting with members of the City and the CEDC on the future planning using the Comprehensive Plan.


TOM GRIMMOND – RESOLUTION 1212 – REFUNDING OF CITY’S 1998 CERTIFICATES OF PARTICIPATION

Tom Grimmond, Vice-President of Dougherty and Company of Sioux Falls, was present to discuss the proposed Resolution 1212 to begin the process of refunding the City’s 1998 Certificates of Participation. Mr. Grimmond said that the City would save $35,000 over the remaining life of the City’s debt. Mr. Grimmond said that the City would save between 3% and 5% of the Net Present Value (NPV) of the remaining debt, which falls into the threshold of refunding the debt. Mr. Grimmond explained to the Commission the refunding debt the City had incurred and the issues with the City’s debt. Mr. Grimmond explained key issues with the proposed Resolution. Finance Officer Amert explained that the City Attorney’s office has reviewed the Resolution and has given its approval to the Resolution. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the Resolution. All ayes, motion carried.

RESOLUTION 1112

RESOLUTION RELATING TO THE ISSUANCE OF REFUNDING CERTIFICATES OF PARTICIPATION; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE-PURCHASE AGREEMENT AND APPROVING AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS
BE IT RESOLVED by the City Commission of the City of Canton, South Dakota (the City), as follows:
Section 1. Recitals.
1.01. The City is authorized by South Dakota Codified Laws, Chapter 9-40, as amended (the Act), to enter into lease-purchase agreements for acquisition of real or personal property that the governing body considers necessary or appropriate to carry out its governmental and proprietary functions.
1.02. The City has previously entered into a Ground Lease and Easement Agreement with The First National Bank in Sioux Falls, in Sioux Falls, South Dakota (the Trustee), dated as of December 1, 1998 (the Original Ground Lease), whereby the Trustee acquired certain interests in real property from the City and the Trustee has leased its interest in the real property and has leased and agreed to sell the Facilities (as hereafter defined) acquired, renovated, constructed and equipped thereon to the City pursuant to a Lease-Purchase Agreement, dated as of December 1, 1998 (the Original Lease).
1.03. The Trustee has executed and delivered a Declaration of Trust, dated as of December 1, 1998 (the Original Trust Agreement), joined in by the City, pursuant to which it has issued Certificates of Participation in the lease payments to be made by the City under the Original Lease (the 1998 Certificates), for the purpose of financing the acquisition and construction of sanitary sewer and water system improvements (the Facilities).
1.04. The City has determined it to be advantageous to refinance the lease payments payable under the Original Lease by refunding in a current refunding the 2005 through 2019 maturities of the 1998 Certificates, aggregating $735,000 in principal amount (the Refunded Certificates). The refunding of the Refunded Certificates is referred to herein as the “Refunding.”
1.05. The City will accomplish the refunding of the Refunding by entering into a First Amendment to Ground Lease, if required by Bond Counsel (the First Amendment to Ground Lease, together with the Original Ground Lease, the Ground Lease), a First Amendment to Lease-Purchase Agreement (the First Amendment to Lease, together with the Original Lease, the Lease) and a First Supplemental Declaration of Trust (the First Supplemental Trust Agreement), together with the Original Trust Agreement, the Trust Agreement) with the Trustee, pursuant to which the Trustee will issue Certificates of Participation, Series 2004 (the Certificates) in the Lease and the payments to be made by the City thereunder. The Certificates shall be issued in the principal amount not to exceed the sum of (i) the amount necessary to refund the Refunded Certificates (the Refunding), (ii) the amount necessary to pay the costs of issuance of the Certificates, including underwriter’s discount (not to exceed 2% of the principal amount of the Certificates) and (iii) original issue discount (not to exceed 2% of the principal amount of the Certificates) on the Certificates.
Section 2. Authorization and Approval of the Documents. The financing described above is found to be favorable and is hereby approved. The Mayor and Finance Officer are authorized to approve the execution and delivery of the First Amendment to Ground Lease, if required, the First Amendment to Lease and the Certificates in a principal amount not to exceed the amount described in Section 1.05, the Certificates to bear interest at a rate or rates per annum resulting in an average interest rate not greater than 5.00% per annum and to mature over a period not to exceed 15 years. The Mayor and Finance Officer are directed to enter into a purchase agreement (the Certificate Purchase Agreement) with Dougherty & Company LLC, of Minneapolis, Minnesota (the Underwriter) whereby the Underwriter will agree to purchase the Certificates; the execution of the Certificate Purchase Agreement by the Mayor and Finance Officer shall be conclusive evidence of their approval of the principal amount, purchase price, interest rates and other terms set forth therein. The Mayor, Finance Officer and City Attorney are authorized to approve the final forms of the First Amendment to Ground Lease, if required, the First Amendment to Lease, the First Supplemental Trust Agreement, the Certificate Purchase Agreement and the Official Statement by which the Underwriter will offer the Certificates for sale to the public (collectively, the Documents). Copies of all Documents shall be delivered, filed and recorded as provided therein. The Mayor, Finance Officer and City Attorney are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. The City will cooperate in the issuance of the Certificates and the Mayor, Finance Officer and the City Attorney shall execute such other instruments as are necessary to the issuance of the Certificates. In the event of the absence or disability of the Mayor, Finance Officer or City Attorney, the acting Mayor, the Assistant Finance Officer or the Assistant City Attorney are hereby authorized to act in the place and stead of the Mayor, City Finance Officer and City Attorney, and to take all actions and execute all documents approved hereby.
Section 3. Appointment of Bond Counsel. The law firm of Dorsey & Whitney LLP, of Minneapolis, Minnesota, is hereby appointed as bond counsel (Bond Counsel).
Section 4. Modifications, Absence of Officers. The approval hereby given to the Documents includes an approval of such additional details therein as may be necessary and appropriate and such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney prior to the execution of the Documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or the Finance Officer, any of the Documents authorized by this resolution to be executed may be executed by such officers as, in the opinion of the City Attorney, may execute documents in their stead.
Section 5. Payment of Lease Payments. The City will pay to the Trustee promptly when due, all of the Lease Payments (as defined in the Lease) and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each fiscal year during the term of the Lease, moneys sufficient to pay and for the purpose of paying all Lease Payments and other amounts payable under the Lease, and will take all other actions necessary to provide moneys for the payment of the obligations of the City under the Lease from sources of the City lawfully available for this purpose. The agreements of the City in this section are subject to the provisions for termination set forth in the Lease, which shall provide that the Lease will be subject to termination by the City, without penalty, at the end of any fiscal year of the City, if the City Commission notifies the Trustee, not later than July 1 of that fiscal year that it will not budget or appropriate money for the payment of the City’s obligations under the Lease for the succeeding fiscal year.
Section 6. Tax and Arbitrage Matters.
6.01. Covenant. The City covenants and agrees with the owners from time to time of the Certificates, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest component of the Lease Payment to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code) and any regulations issued thereunder (the Treasury Regulations), in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that the interest component of the Lease Payment will not become subject to taxation under the Code and the Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Certificates. The City represents and covenants that the City is the owner of the Facilities and uses them for its municipal functions. So long as the Certificates are outstanding, the City will not enter into any lease, use agreement or other contract or agreement respecting the Facilities which would cause the Certificates to be considered “private activity bonds” or “private loan bonds” pursuant to the provisions of Section 141 of the Code.
6.02. Arbitrage Certification. The Mayor and Finance Officer being the officers of the City charged with the responsibility for issuing the Certificates pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Certificates which make it reasonable to expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be arbitrage bonds within the meaning of the Code and Regulations.
6.03. Arbitrage Rebate Exemption. It is hereby found that the City has general taxing powers, that no Certificate of Participation is a “private activity bond” within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Certificates are to be used for local governmental activities of the City, and that the aggregate face amount of all tax exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2004 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f) (4) (D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. If, notwithstanding these findings, the arbitrage rebate requirements of Section 148(f)(4)(D) of the Code are determined to be applicable to the Certificates, the City hereby covenants and agrees to make computations, retain records and pay amounts to the United States at the times and in the manner required by said Section 148(f)(4)(D) of the Code.
6.04. Qualified Tax-Exempt Obligations. The City Commission hereby designates the Lease and the Certificates evidencing the right to receive Lease Payments thereunder as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2004 does not exceed $10,000,000.
Section 7. Continuing Disclosure. The Securities and Exchange Commission (the SEC) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the Rule) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the municipal securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of the municipal securities to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. The principal amount of the Lease and the Certificates is less than $1,000,000. The City hereby represents that it has not issued within the six months before the date of issuance of the Certificates, and that it reasonably expects that it will not issue within six months after the date of issuance of the Certificates, other securities of the City of substantially the same security and providing financing for the same general purpose or purposes as the Certificates. Consequently, this Board hereby finds that the Rule is inapplicable to the Certificates, because the aggregate principal amount of the Certificates and any other securities required to be integrated with the Certificates thereunder is less than $1,000,000. Therefore, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Certificates.
Section 8. Redemption of Refunded Certificates; Use of Proceeds.
8.01. The Finance Officer is directed to cause the Trustee to call the Refunded Certificates for redemption on a date, not more than 90 days following the delivery of the Certificates, specified by the Underwriter (the Redemption Date) and to give notice in accordance with the provisions of the Trust Agreement.
8.02. The Trustee will receive the proceeds of the sale of the Certificates and disburse such proceeds for payment of the Refunded Certificates on the Redemption Date. Proceeds of the 1998 Certificates now on deposit in the Reserve Account, to the extent not needed for the redemption of the Refunded Certificates, shall be transferred to the Reserve Account under the Trust Agreement to the extent required, and the excess to the Construction Account to pay costs of issuance of the Certificates.
Section 9. Amendment. This resolution may be amended from time to time, prior to the issuance of the Certificates, by an administrative resolution adopted by this Commission.

Pete Van Wyhe
Mayor

ATTEST:
Dan Amert
Finance Officer

Adopted: September 21, 2004
Published: September 30, 2004
Effective Date: October 20, 2004
DISCUSSION OF PROPOSED ORDINANCE 904

Finance Officer Amert said that he has not heard anymore from the City Attorney’s office on changes to the proposed Ordinance 904. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to table action on Ordinance 904 for one week. All ayes, motion carried. Planning and Zoning Commission Secretary Chuck Andresen asked what were the drafts of the proposed Ordinance. Finance Officer Amert said the first draft of Ordinance 904 dealt with changes to the R-0 Zoning District regulations, while the second draft was to allow animals in town under a licensing procedure. Mr. Andresen questioned the City considering either Ordinance. Mr. Andresen stated that the Planning and Zoning Commission must have some say in the changes to the Zoning Ordinance, according to the City Ordinances. Mr. Andresen said what is the value of the City Ordinances if the City was not going to follow them. Commissioner Bogue suggested having the City Attorney review the City Zoning Ordinance to see if Mr. Andresen’s assertions are correct.

Planning and Zoning Commission Chair Tom Raymon said he completely disagreed with the City Commission considering licensing animals in the City Limits other than at the edges of town. Mr. Raymon asked the Commission if there were really serious about allowing horses or other animals in the middle of town. Mr. Raymon said that the City was looking to open up a “can of worms.” Commissioner Bogue said the first draft had hangs with Mr. Raymon, but that the second draft offered both equality and simplicity. Further discussion followed.


7:15 P.M. – BID OPENING FOR SIDEWALK WORK

Finance Officer Amert said that the City did not receive any bids for the properties the City desired to have sidewalks installed. The City gave Mr. Amert permission to solicit for quotes to put the sidewalks in place.


PROPOSAL – CHARGE FOR TREES AT TREE BANK

Mayor Van Wyhe said that during the recent 2005 budget discussions, City staff has proposed to start charging a base fee for the cost of the trees at the Canton Tree Bank. Finance Officer Amert added that the base tree the City orders costs the City over $30 each to order and the costs to the City has increased by over 50% the last 5 years. Mayor Van Wyhe said that the proposal is to charge each person wanting a tree from the Tree Bank a charge of $30 per tree to the City and the property owner pays the mover the cost to move the tree. Mayor Van Wyhe said the cost today for a tree moved is $35 each. Mr. Amert said the present limit is 4 trees at one time. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the charging for trees at the Tree Bank at $30 per tree. Commissioner Chaon said that the original tree bank was started with trees free from the Conservation Service. Mr. Amert said that is correct, but the time to grow the saplings into mature trees to move was too long to make it feasible. Commissioner Chaon also asked Finance Officer Amert to contact the residents on the present list to inform them of this change.


ALLEYWAYS

Finance Officer Amert presented pictures of some of the alleyways in Canton where the property owners are not taking properly trimming their trees and bushes next to the alley. Discussion followed. The Commission asked to have a ad placed in the Sioux Valley News to remind residents to keep their alleyways cleared or the City will trim it for them and will bill the property owner back for the costs.


SCHEDULE RE-ZONE HEARING – CANTON GOOD SAMARITAN CENTER

Mayor Van Wyhe read a request from the Canton Good Samaritan Center at 1022 North Dakota Street to re-zone their property from R-2 to R-3 to be properly zoned under the new City Zoning Ordinance. Mr. Amert said he sent letters to all properties that are 5 units or more. Finance Officer Amert said that the Canton Good Samaritan Center is the first to request the new zoning change. Finance Officer Amert asked to set the re-zoning hearing for the Canton Good Samaritan Center for Tuesday, October 12th at 7:10 p.m. All ayes, motion carried. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the re-zoning hearing for the Canton Good Samaritan Center for Tuesday, October 12th at 7:10 p.m. All ayes, motion carried.


SCHEDULE VARIANCE AND CONDITIONAL USE PERMIT HEARINGS – STEVE JONNES

Mayor Van Wyhe read a Variance and a Conditional Use Permit (CUP) request from Steve Jonnes at 616 East Fourth for an unattached garage. Finance Officer Amert asked to set both the Variance and the CUP hearings for Mr. Jonnes for Tuesday, October 12th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to set both the Variance and the CUP hearings for Mr. Jonnes for Tuesday, October 12th at 7:15 p.m. All ayes, motion carried.


SCHEDULE VARIANCE HEARING – MIKE MAHONEY

Mayor Van Wyhe read a Variance request from Mike Mahoney at 204 South Broadway for a new fence to his property. Finance Officer Amert asked to set Variance hearing for Mr. Mahoney for Tuesday, October 12th at 7:20 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the Variance hearing for Mr. Mahoney for Tuesday, October 12th at 7:20 p.m. All ayes, motion carried.


SCHEDULE CONDITIONAL USE PERMIT HEARING – TODD ESCHE

Mayor Van Wyhe read a Conditional Use Permit (CUP) request from Todd Esche for his property at 513 West Fifth to allow for residential dwelling at his property. Finance Officer Amert asked to set the CUP hearing for Mr. Esche for Monday, October 18th for 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to set the CUP hearing for Mr. Esche for Monday, October 18th for 7:15 p.m. All ayes, motion carried. Finance Officer Amert said the issued raised earlier in the meeting by Mr. Andresen will be reviewed by the City Attorney’s office before the hearing date.


PLAT – TRACT ONE OF LEWIS ADDITION TO LINCOLN COUNTY

Mr. Amert said that the plat for Tract One of Lewis Addition to Lincoln County was in front of the City Commission to approve. Discussion followed on the proposed Plat and related issues to a private railroad crossing. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the Plat and approved Resolution 1113. All ayes, motion carried.

RESOLUTION #1113

BE IT RESOLVED by the City Commission of the City of Canton, South Dakota that the Plat known and described as Tract One of Lewis’ Addition in the W1/2 NE1/4 of Section 22, Township 98 North, Range 49 West of the 5th Principal Meridian, Lincoln County, South Dakota is approved and that the Municipal Finance Officer of the City of Canton, South Dakota is hereby directed to endorse on such plat a copy of this Resolution and certify the same thereon.

Dated this 20th day of September, 2004.


Pete Van Wyhe, Mayor of Canton, South Dakota
ATTEST:

Dan Amert, Municipal Finance Officer


Publish: October 7, 2004


REQUEST TO PAINT AT CITY HALL – CANTON BOOSTER CLUB

Finance Officer Amert said the Canton Booster Club requested to paint their C-Hawk symbol at City Hall at no charge. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the request. All ayes, motion carried.


REQUEST TO CLOSE 4TH STREET – CANTON HOMECOMING PARADE

Mayor Van Wyhe read a request from Canton Principal Jim Jibbens to close 4th Street during the Canton Homecoming parade on September 24th. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the closing of 4th Street as requested by Mr. Jibbens. All ayes, motion carried.


NUISANCE PROPERTIES – CLEAN UP

Assistant Police Chief Tim Walburg approached the Commissioners about upcoming clean up of properties in Canton. Officer Walburg said the first property that will be cleaned up will be at 313 South Johnson (Matt Bakker) due to debris in yard. Officer Walburg said that after talking to the City Attorney’s office, they said that the City could go onto the property and remove the debris and charge the cost back to the owner, Doug Lundstrom. The Commission agreed to proceed forward.

Officer Walburg said that citations have been served to both Dale and Don Hawe for their properties. Officer Walburg explained the letter from Assistant City Attorney Brenda Ask about the recent court actions with both Don and Dale Hawe. Officer Walburg said that after some negotiations with Don and Charlene Hawe, they signed a letter allowing the City onto their property after September 21st at 8:00 a.m. to clean the property not listed in the letter to be removed. The Commission was pleased with the progress. Officer Walburg said that the City would be in court with Dale Hawe on November 10th.

Officer Walburg said that he is working with the City Attorney’s office on how to proceed on getting rid of the cars from the clean up in July from the properties of Eastern Farmers and Rich Scholle that were Dale Hawe’s. Officer Walburg said the present issue is with the City selling the property and having to declare the property surplus or to just have the cars crushed. Discussion followed on the issues involving this property to the City. The Commission advised Officer Walburg to proceed with crushing the cars. Commissioner Nelson said that it is time to move forward. Officer Walburg said that the Hawes believe the City is picking on them. Further discussion followed.


SCORE PROPERTY – ASBESTOS ISSUE

Chuck Andresen asked what the City was doing to have the asbestos removed from 406 West Fifth Street. Mr. Amert reported that a letter was sent to the SD DENR about the situation and the SD DENR contacted the City with how the State could help. Mr. Amert said that Tony Wagner of the SD DENR contacted the Scores about this issue Mrs. Score asserted to Mr. Wagner the asbestos would be removed in two weeks. Mr. Wagner said that after looking at pictures supplied by the City, the type of asbestos at the property could be taken by the Canton Rubble Site if the City granted permission for its disposal. After some discussion, the City Commission agreed not to allow the dumping of the asbestos at the Canton Rubble Site by the Scores, but to have them properly dispose of it at a different site. Discussion followed.


NUISANCE ISSUE – 714 WEST FIFTH

Chuck Andresen asked if the City was pursuing the issue of a nuisance property at 714 West Fifth, owned by Randy Dowdey and rented by David Potter. Mayor Van Wyhe said that the property is on the list of nuisance properties, but the City Commission has not given the go ahead to proceed. Commissioner Baldwin said that since the property is being lived in, he has a hard time proceeding to throw people out of their house. Mr. Andresen said that the City should since there is a structural defect in the front of the house. Discussion followed.


VERIZON – WORK AT WATER TOWER

Mr. Amert reported that a letter was received from Verizon stating they will begin paying rent at the water tower starting in October of 2004. Mr. Amert said that work is scheduled to begin for Verizon by Design One later in the week.


OVERTIME ISSUES

Finance Officer Amert presented a memo to the Commission of a recent conversation with Greg Brewers of the Frieberg Law Firm regarding the new Overtime issues and its affects on the City. Mr. Amert said that Mr. Brewers would appear before the City Commission at the September 27th meeting to discuss his findings on the Overtime issue and the affect on the City personnel.

FLAG POLES – FIRE STATION DISPLAY

Mayor Van Wyhe said that he is looking into having flags installed at the Canton Fire and Ambulance Station. Mayor Van Wyhe said that he’d like to get the flag poles installed now and discussed the set up for the Fire House bell later on. Discussion followed. Commissioner Baldwin said that he’d like to see a mock up for the flags and the bell set up in the future. Discussion followed on restoring the 1917 Fire Truck at the Canton Fire Station.


RECESS

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to recess. All ayes, motion carried.

Recess began at 8:16 p.m.
Recess ended at 8:26 p.m.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 8:26 p.m.
Mayor Van Wyhe ended Executive Session at 8:44 p.m.


2005 BUDGET DISCUSSION

Finance Officer Amert led the discussion of the 2005 Budget by improving the Property Tax growth that was not accounted for originally, increasing the General Fund revenues by $19,943. Mr. Amert discussed the General Fund for Revenues and Expenses, making minor changes and additions to the budgets in Police and Parks. Discussion followed on other possible revenue sources. Mr. Amert asked the Commissioners to continue to review the budget and meet with the department heads to find a way to balance the General Fund budget. Mr. Amert discussed the issues with the Water Fund, specifically the rental funds from the Water Tower along with the possible financing of the budgeted new water well. Further discussion followed.


EMERGENCY TRAINING SESSION

Commissioner Baldwin said the recent Emergency Training Session on Sunday, September 19th went very well with a great amount of help from the community. Discussion followed on the needs to have a review of the community’s fire protection by the Insurance Services Organization.


AIRPORT FLY-IN BREAKFAST

Commissioner Chaon said the Canton Airport would be hosting Fly-In Breakfast on September 26, 2004 from 7:30 a.m. to 11:00 a.m. Commissioner Chaon said that rides will be provided and the VFW will be handling the breakfast duties.


DUST CONTROL

Commissioner Chaon said the cost for the Dust Control was about $100 less than their bid and seemed to have done a very good job. Discussion followed on how long the control will last.


5TH AND CEDAR STREET LIGHT

Commissioner Chaon asked what happened to the new street light at 5th and Cedar. Commissioner Baldwin reported the street light was hit by a driver’s vehicle that went into gear and was subsequently charged and arrested for Driving Under the Influence of Alcohol (DUI). Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 9:43 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 20, 2004)

GENERAL FUND: Farmers State Bank, 15539.19, payroll; First American Bank & Trust, 3045.24, social security, First American Bank & Trust, 1600.92, federal withholding; AFLAC, 686.00, insurance premiums, City of Canton, 22.00, clothing deduction; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 95.58, Section 125 deductions; Landmark Dental, 165.04, dental insurance; New York Life, 40.00, life insurance; Pre-Paid Legal Services, 151.51, insurance premiums; SDRS, 4237.74, retirement; SDRS SRP, 50.00, supplemental retirement; Adrian Sod Service, 551.25, sod for City Hall; Alco Discount Store #210, 101.65, film and supplies; Dan Amert, 51.16, mileage and meal expenses; Aramark Uniform Services, 110.19, towel maintenance and uniform services; Baker and Taylor, 914.22, books for Library; Barnes and Noble, 207.47, books for Library; Best Business Products, 86.14, toner for Library copier; Buskerud Construction, 1225.64, Mag water work on City streets; Canton Booster Club, 150.00, 2004-2005 contribution, Cellular One, 27.34, cellular phone service; City of Canton VISA Account, 37.11, meal expense, postage and book; Continental Research Corp., 126.85, shop supplies; Dan Amert-Cash Items, 26.95, postage and supplies; Diesel Machinery, 432.82, Shoe for #26 truck; Fast Company, 15.00, magazine subscription; Graham Tire Company, 286.48, tires for Shop; Russ Heggen, 200.40, reimbursement of equipment for Rescue services; Heinemann Library, 198.17, books for Library; Hydraulic World, 71.10, coupling for Shop; IDVille, 1044.95, computer equipment for City ID’s; Inland Truck Parts and Service, 742.26, repairs to #15 truck; Iowa Office Supply, 56.73, office supplies; Jerry’s Appliance Service, 104.50, Freon removal at Rubble Site; KB’s True Value, 52.49, parts and supplies; Lamar, 250.00, billboard rental on I-29; Doug Lowe, 10.00, SDML meeting fees; MidAmerican Energy Co., 48.99, natural gas; NAPA, 358.94, parts and supplies; Postage-Iris Schultz, 24.90, postage; Prairie Communications, 1432.62, fuel additive; Prairie Wave, 64.57, telephone services; Price’s Tractor Sales, 44.80, parts for Parks mowers; Qwest, 225.00, telephone services; RAL Enterprises, 9.50, postage costs for City Hall; RDO Equipment, 177.06, pads and filters; RR #1 Services, 163.05, mat maintenance and cleaning supplies for City Hall and Shop; Iris Schultz, 50.29, reimbursement for Library books; SD Department of Health, 24.00, lab testing fees; SD Library Association, 70.00, 2004-2005 dues for Schultz and Nelson; SD Municipal League, 75.00, 2004 SDML Conference fees for Amert; SD PUC, 50.00, 2004 PUC Wireless Conference for Amert; Splash and Dash Car Wash, 23.00, washing PD cars; Staples, 148.27, chair for Library; Sturdevant’s Auto Supply, 477.74, parts and supplies; Toby’s Amoco, 114.50, repair work to #7 truck; Tractor Supply Company, 40.52, Shop supplies; Van’s Rubbish Removal, 252.00, garbage service; Wheelco Brake and Supply, 62.54, brake cleaner; World Almanac Education, 177.08, books for Library; Zomer Plumbing and Heating, 32.64, service call to Library.


LIQUOR FUND: Farmers State Bank, 2854.31, payroll; First American Bank & Trust, 561.78, social security, First American Bank & Trust, 331.05, federal withholding; AFLAC, 14.69, insurance premiums, Colonial Insurance, 6.98, insurance premiums; FSA Section 125, 5.72, Section 125 deductions; Landmark Dental, 16.37, dental insurance; Pre-Paid Legal Services, 7.62, insurance premiums; SDRS, 800.96, retirement; Aramark Uniform Services, 81.15, towel maintenance; KB’s True Value, 3.98, parts and supplies; Karen Leffler, 12.14, mileage to workshop and meal expense; MidAmerican Energy Co., 18.67, natural gas; Prairie Wave, 46.10, telephone services; RR #1 Services, 76.35, cleaning supplies; Van’s Rubbish Removal, 35.00, garbage service.


WATER FUND: Farmers State Bank, 2315.95, payroll; First American Bank & Trust, 463.12, social security, First American Bank & Trust, 257.11, federal withholding; AFLAC, 66.16, insurance premiums, Colonial Insurance, 13.79, insurance premiums; FSA Section 125, 9.62, Section 125 deductions; Landmark Dental, 40.67, dental insurance; Pre-Paid Legal Services, 40.53, insurance premiums; SDRS, 737.53, retirement; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 40.65, uniform services; Cellular One, 11.37, cellular phone service; City of Canton VISA Account, 92.31, meal expense, postage and book; Concrete Materials, 210.77, fines mix; Continental Research Corp., 63.42, shop supplies; Dan Amert-Cash Items, 12.51, postage and supplies; Diesel Machinery, 144.27, Shoe for #26 truck; Graham Tire Company, 143.23, tires for Shop; Hydraulic World, 35.55, coupling for Shop; Inland Truck Parts and Service, 247.42, repairs to #15 truck; KB’s True Value, 44.06, parts and supplies; Karen Leffler, 6.07, mileage to workshop and meal expense; McKenney Construction Co., 304.48, replace damaged garage door; MidAmerican Energy Co., 31.88, natural gas; NAPA, 93.07, parts and supplies; Shari O’Connor, 12.14, mileage and meal expense; Postmaster, 35.70, postage from Corporate Account; Prairie Communications, 160.75, fuel additive; Prairie Wave, 32.28, telephone services; Qwest, 345.00, telephone services; RDO Equipment, 88.53, pads and filters; RR #1 Services, 37.30, cleaning supplies for Shop; SD Department of Health, 212.00, lab testing fees; Sturdevant’s Auto Supply, 96.11, parts and supplies; Tractor Supply Company, 20.26, Shop supplies; Van’s Rubbish Removal, 5.00, garbage service; Wheelco Brake and Supply, 31.27, brake cleaner.


SEWER FUND: Farmers State Bank, 2051.04, payroll; First American Bank & Trust, 414.10, social security, First American Bank & Trust, 238.73, federal withholding; AFLAC, 63.09, insurance premiums, Colonial Insurance, 12.91, insurance premiums; FSA Section 125, 8.58, Section 125 deductions; Landmark Dental, 39.29, dental insurance; Pre-Paid Legal Services, 39.44, insurance premiums; SDRS, 696.71, retirement; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 40.65, towel maintenance and uniform services; Cellular One, 11.36, cellular phone service; City of Canton VISA Account, 2.02, postage; Concrete Materials, 210.76, fines mix; Continental Research Corp., 2600.72, shop supplies and chemicals for sewer lagoons; Dan Amert-Cash Items, 12.52, postage and supplies; Diesel Machinery, 144.27, Shoe for #26 truck; Graham Tire Company, 143.23, tires for Shop; Hydraulic World, 35.55, coupling for Shop; Inland Truck Parts and Service, 247.42, repairs to #15 truck; KB’s True Value, 17.95, parts and supplies; Karen Leffler, 6.07, mileage to workshop and meal expense; McKenney Construction Co., 304.47, replace damaged garage door; MidAmerican Energy Co., 25.05, natural gas; NAPA, 94.25, parts and supplies; Shari O’Connor, 12.14, mileage and meal expense; Postmaster, 57.85, postage from Corporate Account; Prairie Communications, 146.16, fuel additive; Prairie Wave, 32.28, telephone services; RDO Equipment, 88.53, pads and filters; RR #1 Services, 37.30, cleaning supplies for Shop; Sturdevant’s Auto Supply, 109.10, parts and supplies; Tractor Supply Company, 20.26, Shop supplies; Van’s Rubbish Removal, 5.00, garbage service; Wheelco Brake and Supply, 31.27, brake cleaner.


AIRPORT FUND: First American Insurance, 174.00, 2004 hail insurance coverage; Prairie Communications, 20.47, fuel additive; Prairie Wave, 37.53, telephone services.

 

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 13, 2004


The Canton City Commission met at City Hall on Monday, September 13, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the September 7, 2004 City Commission meeting as presented. All ayes, motion carried.


LEASE PROPOSAL – CANTON GUN CLUB

Police Chief Al Warnock asked what the status was on the proposed extension of the Canton Gun Club land lease. Finance Officer Amert said that City Attorney Larry Nelson would be here later to discuss the issue with the City Commission.


SECOND READING OF ORDINANCE 905 - CHANGE IN ZONING TO ALLOW FOR USAGE

Mr. Amert presented Ordinance 905 for Second Reading. Mr. Amert said the Ordinance would allow for dwelling units to be allowed in the B-2 General Commercial district as a Conditional Use Permit and follow the procedures of the Zoning Ordinance. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve Ordinance 905 on 2nd Reading and adoption. All ayes, motion carried.

Ordinance 905

AN ORDINANCE AMENDING ARTICLE 22, SCHEDULE OF DISTRICT REGULATIONS, B-2 GENERAL COMMERCIAL DISTRICT OF ORDINANCE 888 - PLANNING AND ZONING ORDINANCE FOR THE CITY OF CANTON, SOUTH DAKOTA

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANTON, SOUTH DAKOTA AS FOLLOWS:

That Ordinance No. 888, Article 22, B-2 General Commercial District of the City of Canton, South Dakota is hereby amended to read as follows:

B-2 GENERAL COMMERCIAL DISTRICT:

1) PURPOSE

The B-2 General Commercial District is intended to provide locations for business activities that serve persons in automobiles and are typically grouped along a major street or at major street and highway intersections. Regulations are designed to minimize the formation of commercial slums, to preserve the carrying capacity of streets, and to encourage provisions of adequate off-street parking and loading space. It is not the intent of this district to encourage the extension of enlargement or existing strip commercial area.

2) PERMITTED PRINCIPAL USES AND STRUCTURES

The following uses and structures shall be permitted in the B-2 General Commercial District:

a. Any permitted principal use or structures of the B-1 District;
b. Automatic or semi-automatic car wash;
c. Lumberyard;
d. Filling (gas) station, convenience stores;
e. Drive-in restaurants;
f. Display and salesrooms or lots;
g. Public buildings and grounds;
h. Structures containing multiple uses otherwise permitted in this district;
i. Warehouse and Storage establishments in completely enclosed building.

3) PERMITTED ACCESSORY USES AND STRUCTURES

The following accessory uses and structures shall be permitted in the B-2 General Commercial District:

Accessory uses and structures customarily incidental to permitted uses and which are not of a nature prohibited under “Prohibited Uses and Structures.”

4) CONDITIONAL USE PERMITS

After the provisions of this ordinance with regard to Conditional Use Permits have been complied with, the Board of Adjustment may permit as Conditional Use Permits in the B-2 General Commercial District the following uses and structures:

a. Veterinarian, animal hospitals, or kennels;
b. Tourist camp or campground;
c. Manufacture of furniture and other wood products;
d. Off-Site signs;
e. Commercial outdoor recreational facilities, including miniature golf course and driving range;
f. Repair shops, (i.e. small appliances, lawn equipment, autos, trucks);
g. Storage buildings;
h. Barbed wire, woven, and electric fences, other than buried electric pet collar activated fences, may be erected only after a conditional use permit has been obtained;
i. Residential dwellings.

5) PROHIBITED USES AND STRUCTURES

Any use not authorized as Permitted Principal Uses, Permitted Accessory Uses or Conditional Use.

6) AREA REGULATIONS

a. Minimum Lot Requirements:
There shall be no minimum lot requirement in the B-1 District. Uses permitted by Conditional Use Permit shall have a lot area and width as determined by the Board of Adjustment.

b. Minimum Yard Requirements:
Permitted uses and structures shall have a minimum setback of five (5) feet on all sides unless a lot is adjacent to or abuts upon residential district, where setbacks shall be ten (10) feet, except front yard set back must match adjoining residential twenty (20) feet.

c. Maximum Lot Coverage:
There shall be no restrictions on lot coverage in the B-1 District, other than minimum lot requirements and setbacks.

d. Maximum Height of Structures:
The maximum height of all buildings and structures shall not exceed forty-five (45) feet.

a. Minimum Off-Street Parking and Off-Street Loading Requirements:
The minimum off-street parking and off-street loading requirements shall be provided in accordance with the requirements for specific uses set forth in Article 9, Section 911.

Adopted this 13th day of September, 2004.

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert
Finance Officer

First Reading: September 6, 2004
Second Reading: September 13, 2004
Final Passage and Adoption: September 13, 2004
Effective Date: October, 13, 2004
Date of Publication: September 23, 2004


PROPOSED RESOLUTION – REFUNDING OF 1998 CERTIFICATES OF PARTICIPATION

Finance Officer Amert presented a draft of a Resolution to refund the 1998 Certificates of Participation for gain a lower interest rate for the remaining years of the debt to Water and Sewer. Mr. Amert said that Tom Grimmond of Dougherty Markets was to be here at the meeting, but since the City Attorney’s office has not completed review of the Resolution. Discussion followed on the debt refinancing. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to table the matter for one week. All ayes, motion carried.


THANK YOU – EASTERN FARMERS COOPERATIVE

Finance Officer Amert read a letter from Kent Mulder of Eastern Farmers Cooperative, thanking the City for working with Eastern Farmers for Mag watering the streets in and around their facility last week and the City staff’s help with the project.

VERIZON WIRELESS

Commissioner Bogue questioned if any follow up date for Verizon to start work in Canton. Mr. Amert presented a note from City Attorney Larry Nelson about the time table for Verizon to start working on the City’s water tower


COMPLAINT FILED – SPLASH AND DASH CAR WASH

Commissioner Bogue said that he directed Finance Officer Amert to contact the State to find out how to file a complaint about recent problems with Splash and Dash Car Wash, specifically their automatic car wash and the change machine and giving no credit. Commissioner Bogue said that he was one of the persons who were not given a car wash to him. Commissioner Chaon said that he would talk to the owner directly, but did not like that the City filed a complaint with the State against him. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


RUSS HEGGEN – REQUEST TO CLOSE PART OF RIVERVIEW ROAD

Rescue Services Manager Russ Heggen said that he wanted to conduct a Disaster Drill at the Canton Airport on Sunday, September 19th from 1:30 p.m. to 4:00 p.m. and asked to close off traffic along Riverview Road. Discussion followed. The Commission agreed to the road closure request.


CONDITIONAL USE PERMIT AND VARIANCE HEARING REQUESTS – JON PETERS

Mayor Van Wyhe read separate requests for a Variance and a Conditional Use Permit for Jon Peters at 121 North Blair Street. Mr. Peters will be applying for two different structures. Finance Officer Amert asked to set the Conditional Use Permit hearing and the Variance hearing for Monday, October 4th for 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the Conditional Use Permit hearing and the Variance hearing for Monday, October 4th for 7:15 p.m. All ayes, motion carried.

COMPLAINT ON TREES – MIKE PEDERSON

Finance Officer Amert said a complaint was filed by Alice Hammerstrom about the present condition of the trees in front of the house of Mike Pederson at 224 West Fifth Street. Mr. Amert said that the complaint was filed with the City and the City Police investigated the complaint. Police Chief Al Warnock reported on his work involving the complaint, stating that the trees on his property are a cause of sight problems along US 18 heading west of downtown. Chief Warnock stated that he was in contact with the State DOT about the situation. Chief Warnock stated the State DOT will be in Canton in the near future to review the intersection to have the sight lines reviewed. Commissioner Chaon said that the way he reads the City Ordinance cited, the trees would be in the right-of-way and does not affect Mr. Pederson, since his trees are on his property. Discussion followed on the issues of right-of-way. Commissioner Chaon said there are many issues with intersections in town than just at Mr. Pederson’s, especially the wall built by the State last year at 5th and Kidder.


PLAT NEAR CITY – JOHN SCHUTTE

Finance Officer Amert said that a plat within one mile of the City of Canton has been filed by John Schutte on the west end of Canton. Mr. Amert asked to send the Plat to Planning and Zoning for their approval. The Commission agreed to the request. Mr. Amert said that Planning and Zoning will be meeting on September 14th.


CITY ATTORNEY LARRY NELSON – DISCUSSION OF ORDINANCE 904

City Attorney Larry Nelson approached the City Commission to discuss the two different versions of Ordinance 904, involving the handling of people who have had donkeys or horses or other animals at the edges of town. Mr. Nelson said a second version of the Ordinance would allow from property owners in any part of town to apply to the City to allow an animal to live at their property and would allow for the City to set terms and conditions to the property. Mr. Nelson said that he prefers the original Ordinance drafted because it causes a property owner to follow a two step process to allow the property owner to have the animal on their property.

Mr. Nelson said the second Ordinance is similar to the City of Sioux Falls, where a permit can be pulled if the permitted animal becomes a nuisance. Marie Beitzel asked if the could do something about the number of cats running around in Canton. Commissioner Baldwin stated that he preferred the second version of the Ordinance because it would not involve a zoning change to a property. Mr. Nelson asked the Commissioners what types of animals the City would want to have licensed under this Ordinance.

Karen Leffler questioned the City allowing a property owner to have a horse in the middle of town. Mr. Nelson said the City would have the say on if a horse could be in the middle of town if the City follows a permitting process. Ms. Leffler questioned if the City’s Ordinance would stand up in court if the City denied a person from having a horse in the middle of town, while it allowed a person to have it at the edge of town. Mr. Nelson said that if the City saw this as a proper use of the land that is the City’s opinion. Further discussion followed regarding the types of animals to be licensed and how many. Mr. Nelson said that he’d work with Assistant Finance Officer Karen Leffler to come up with an Ordinance that will be in the proper form.


GUN CLUB LEASE

City Attorney Larry Nelson said that he has reviewed the proposed new Lease from the Canton Gun Club. Mr. Nelson said that he was very concerned with the proposed length of the lease from the Canton Gun Club (50 Years vs. the present Lease of 5 years). Mr. Nelson said the issue was with a grant application with the State of South Dakota. Police Chief Al Warnock said the State is proposing to improve the berm at the Gun Club with a proposed grant of $20,000. Chief Warnock said that the State was concerned with having time in the lease to get the use from the grant. Mr. Nelson said that with a 50 year lease, the City loses control of the property’s land use. Mr. Nelson said that the leases for the Hospital and the Golf Course are of that length due to the financial investment involved, but was not sure there was a similar need for the Gun Club. Discussion followed. Mr. Nelson said that he’d be agreeable to a shorter term lease. Chief Warnock said that he’d be agreeable to a 20 year lease with termination for good cause. Discussion on the use of the Gun Club for public purposes. Commissioner Bogue asked if the City could apply for the grant in question and not have to give the extended lease. Chief Warnock explained other future improvements to be completed at the Gun Club site. Further discussion followed on public access to the property and the State’s recouping it costs from use of the Gun Club site. Mr. Nelson said that he’d work on developing a shorter lease with some provisions that both parties could agree to. The Commission thanked Mr. Nelson for his opinions on the subject.


EXECUTIVE SESSION – LEGAL MATTER

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into an Executive Session for a legal matter with the City Attorney. All ayes, motion carried.

Executive Session began at 8:09 p.m.
Mayor Van Wyhe ended Executive Session at 9:01 p.m.


RECESS

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to recess. All ayes, motion carried.

Recess began at 9:02 p.m.
Recess ended at 9:05 p.m.


2005 BUDGET - DISCUSSION OF REVENUES AND EXPENSE REQUESTS

Finance Officer Amert, as proscribed in State Law, presented the entire 2005 City of Canton Budget in summary with details. Mr. Amert explained the estimates for revenues and expenses for each department in all funds, including areas of increases and projected expenditures. Mr. Amert explained the estimates for expenses each department and in all funds, including areas of increases and projected expenditures. Discussion followed. Discussion followed about the requests from the Water Fund and the Airport Fund. Further discussion followed on the present deficit. Mr. Amert asked the Commissioners to review the entire budget and discuss options at next week’s meeting.


CANTON BOOSTER CLUB

Mr. Amert said the Canton Booster Club has approached the City to become a member of the Booster Club. Discussion followed. The Commission agreed to have the City join the Canton Booster Club at the level of $150 per year.


HIRE AT LIBRARY

Motion moved by Commissioner Chaon, seconded by Commissioner Bogue to hire Lorna Cornelius for a part-time Librarian position at the Canton Library for $6.00 per hour, effective September 7th. Mr. Amert said that Ms. Cornelius has worked through Green Thumb, but has to now be hired by the City. All ayes, motion carried.


TRAVEL REQUEST – SDWWA CONFERNCE

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to send Jeff Fossum and staff to the South Dakota Water and Wastewater convention in Aberdeen in September 15-17. All ayes, motion carried.


CITY V. DON HAWE; CITY V. DALE HAWE

Mr. Amert updated the City on our recent cases with Don and Dale Hawe regarding nuisance the City is pursuing. Discussion followed.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 9:32 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 13, 2004)

GENERAL FUND: Law Enforcement Targets, 11.91, targets for PD; Secretary of State’s Office, 25.00, notary fee for Warnock;

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 7, 2004


The Canton City Commission met at City Hall on Tuesday, September 7, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Chaon, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the August 30, 2004 City Commission meeting as presented. All ayes, motion carried.


SECOND READING OF ORDINANCE 904 – ORDINANCE REVISING R-O ZONING DISTRICT

Finance Officer Amert said that City Attorney Larry Nelson is reviewing Ordinance 904 again to see if a license or permit to allow for certain animals in town as pets such as burros, horses and donkeys, but not to allow for breeding purposes. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to table second reading of Ordinance 904 until the next meeting of the City Commission. All ayes, motion carried.


SET BID NOTICE - SIDEWALKS INSTALLATION

Mr. Amert presented the corrected Bid Notice for the Sidewalk Installation for the properties in question needing sidewalks installed. Mr. Amert said the Notice includes the need for proper base material for the sidewalk and the removal and disposal of the old sidewalk. Commissioner Chaon said that he was looking at different properties in parts of Canton that will need sidewalks installed in front of their property. Discussion followed on 802 South Park Lane regarding the landscaping.


FIRST READING OF ORDINANCE 905 - CHANGE IN ZONING TO ALLOW FOR USAGE

Mr. Amert presented Ordinance 905 for First Reading. Mr. Amert said the Ordinance would allow for dwelling units to be allowed in the B-2 General Commercial district as a Conditional Use Permit and follow the procedures of the Zoning Ordinance. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve 1st Reading of Ordinance 905. All ayes, motion carried.


PARKING LOT COVERAGE

Marie Beitzel asked if the Canton Lutheran Church would need to get a building permit for their upcoming parking lot project. Commissioner Chaon questioned if the City was interpreting the rules on coverage of a lot in the Zoning Ordinance. Commissioner Chaon said that if a property owner covers their property with asphalt or concrete, do they fall under the 50% rule for compliance. Discussion followed. Finance Officer Amert said that he’d have the City staff look into the matter and report back to the City Commission. Further discussion followed.


ORDINANCE 906 – 2005 BUDGET ORDINANCE - FIRST READING

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve Ordinance 906 (2005 Budget Appropriation Ordinance) on 1st Reading. All ayes, motion carried. Mr. Amert said that a full discussion of the City’s 2005 Budget would be completed at the September 13th meeting. Further discussion followed on the 2005 budget.


RAILROAD CROSSING CLOSING – OFFER FROM BURLINGTON NORTHERN SANTA FE

Finance Officer Amert read a letter from Mike Hillman with TDKA, representing the Burlington Northern Santa Fe railroad, offering monies to the City in exchange for the closing of the most recently discussed crossings to be closed:

? 4th Street;
? Broadway Street.

Mayor Van Wyhe said that he was hoping for more improvements to the crossings in exchanged for the closing of railroad crossings. Discussion followed. Mr. Amert asked the Commission to look over the offer from the Burlington Northern Santa Fe and see if this was the City was looking for in an offer.


COMPREHENSIVE PLAN – CEDC

Commissioner Bogue said that at the last Canton Economic Development Association meetings, he asked how many of the members had read the City’s Comprehensive Plan. Commissioner Bogue reported that no one who was in attendance was able to say they had. Commissioner Bogue said that the City will be providing copies of the Plan to each member of the CEDC and to start a dialog with the City and the CEDC about the future planning of the Canton area. The Commission agreed to Commissioner Bogue’s plans for the use of the Plan, especially with the extension of West Lynn Street. Discussion followed.


CELL ONE

Finance Officer Amert said that he has been in contact with the SD PUC about the Cell One tower. Mr. Amert said according to the PUC, the Cell One Tower will be activated by October 1st. Discussion followed on the future of the Verizon use of the City’s Water Tower. Commissioner Bogue said that he wanted to state that the City is still supportive of Verizon’s intent to expand their services in the Canton area. Further discussion followed.


REVIEW OF LETTERS – COUNTY COMMISSIONERS

Finance Officer Amert asked the Commissioners to review two letters to be sent to the County Commissioners, one regarding the status of the Asylum house, the second relating to the facilities issue within Lincoln County and the affect on the Canton community. The Commission approved of sending each letter to the County Commissioners.


TRAFFIC COUNT PROJECT

Finance Officer Amert presented initial numbers to a recent traffic count study being done by Bill Thorson and Ryan Vandemore of the City’s Public Works department. Mr. Amert said that the first area of study is being completed along South Cedar Street and presented initial numbers on traffic counts.

TRAFFIC LIGHTS ISSUE

Mr. Amert said that City staff met with Scott Jansen of the SD DOT from Mitchell and Mike Pederson about the traffic light at 5th and Bartlett to see if there was any way to solve the signage issue. Mr. Amert said that Mr. Jansen will take the issue back to the SD DOT in Pierre to see how the lighting could be improved. Commissioner Bogue appreciated that Mr. Jansen came down to Canton to review the intersection.

Mr. Amert said that Mr. Jansen also reviewed the City’s light at Elder and Dakota. Mr. Amert said that Mr. Jansen expressed concerns with the present light was substandard. Mr. Amert said that he’d talk to City staff if the former light at 5th and Dakota proposed to be moved to Elder and Dakota could be made standard and acceptable. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 7:42 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 30, 2004


The Canton City Commission met at City Hall on Monday, August 30, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the August 23, 2004 City Commission meeting as presented. All ayes, motion carried.


TODD ESCHE – REQUEST FOR CHANGE IN ZONING TO ALLOW FOR USAGE

Todd Esche, the new owner of the property at 513 West Fifth Street, requested the City to change the City’s Zoning Ordinance to allow for residential living in the B-2 district. Finance Officer Amert stated that at present, no residential quarters are allowed in the B-2 district. Mr. Amert said that in the B-1 district, there are provisions to allow for the residential space, but only on the second floor. Mr. Amert said that at this time, there are a few locations that do have living quarters on the 1st floor. Discussion followed.

Commissioner Chaon arrived at 7:06 p.m.

Mr. Esche said that his intentions for the building are to rent out the apartment and rent out the front garage spaces before winter. Further discussion followed. The Commission advised Mr. Esche that they would agree to a change to have the Zoning Ordinance changed to allow for residential space in the B-2 district as a Conditional Use Permit. The Commission directed Finance Officer Amert or the City Attorney’s office to draw up the changes in the Zoning Ordinance.


2005 BUDGET REQUEST – CANTON TRANSIT

Pat Rudolph of the Canton Transit Group approached the City Commissioners about increasing their amount of donation in the 2005 budget. Ms. Rudolph said that all of their costs, especially the cost of fuel, have gone up. Ms. Rudolph said that the Rural Office of Community Services (ROCS), said they estimate the match for Canton Transit to meet for 2005 will be between $8,000 and $10,000, a large increase over 2004’s estimate of $5,750. Ms. Rudolph said that the Transit group will be meeting later in the week to figure out options on how to make up the difference in the expected shortfall. Ms. Rudolph said that the City has been great in supporting the Transit program. Discussion followed on the costs to ride the bus. Commissioner Baldwin said that he sees the Transit as a service to everyone. Commissioner Bogue said that he’d like to see increasing the funding by $1,000 to $4,500. Ms. Rudolph requested the City increase the Canton Transit from $3,500 to $5,000. Commissioner Bogue said that he’d split the difference and go to $4,750. Discussion followed


CHUCK MOLSTAD – CANTON HISTORICAL SOCIETY

Chuck Molstad of the Canton Depot Foundation was present to discuss a possible legal matter with the City. Finance Officer Amert said that at the last Depot meeting, discussion involved the possibility of merging in the Canton Historical Society and its facility, the Historic House on South Cedar, with the Depot and having them under the City’s umbrella. Mr. Amert said that part of the issue with the Historical Society is that there are only a few members left. Mr. Molstad said having the Historical Society in with the Depot makes a good mesh of each facility and offers more to offer. Mr. Molstad said that according the Society, they are debt free and are not looking for funding from the City. Mr. Molstad said that once the Depot is completed and staffed, the staff can assist with having the Historical House open for viewing. Discussion followed on a time line for this being completed. Commissioner Baldwin said that he sees no negatives to this proposal, but sees a win-win for all parties involved. Mayor Van Wyhe asked if there is any help needed at this time. Mr. Molstad said that they are looking for the possible day-to-day assistance with showing the Historic House. Canton Community Coordinator Lisa Alden said that house is a good for all of the Canton community to preserve. Mr. Amert said that he’d like permission to come up with a legal plan or way to have the Historical Society merged under a City board. Motion moved by Commissioner Baldwin, seconded by Commissioner to pursue legal options on bringing the Canton Historical Society under a City Advisory Board. All ayes, motion carried.


DAY-TO-DAY OPERATIONS OF CANTON DEPOT

Mr. Molstad said a second issue with the future of the Canton Depot is that the Depot Foundation is looking to work out a Management Agreement to operate the day-to-day management of the Depot, while adhering to the wishes of the City and the Depot Foundation. Mr. Molstad said that he’s looking for an organization to handle the day-to-day aspects of the Depot, including scheduling the banquet facilities, opening the Depot Museum, and other facets of operating the Depot. Commissioner Baldwin asked Mr. Molstad to give the Commission time to think over this issue. Further discussion followed. Commissioner Chaon said another group that could use assistance with management of their facility is the Rural School Society, with the school 3 1/2 miles Southwest of Canton.


SECOND READING OF ORDINANCE 904 – ORDINANCE REVISING R-O ZONING DISTRICT

Finance Officer Amert said that City Attorney Larry Nelson has proposed Ordinance 904 for First Reading. Mr. Amert said that this Ordinance would redefine the R-O Large Lot under the City’s Zoning Ordinance to allow for animals in town as pets such as burros, horses and donkeys, but not to allow for breeding purposes. Discussion followed on sections of the proposed Ordinance. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table second reading of Ordinance 904 for one week. All ayes, motion carried.


SET BID OPENING DATE - SIDEWALKS INSTALLATION

Mr. Amert asked if the Commissioners were ready to proceed with bidding out 4 properties in Canton to have their sidewalks replaced this year. Mr. Amert presented a draft Bid Opening from the City Attorney’s office. Questions were raised by Commissioner Chaon as to the base material for the sidewalk and the removal and disposal of the old sidewalk. Discussion followed. Commissioner Bogue motioned to set the bid opening date for September 20, 2004 at 7:15 p.m. with the inclusion in the notice of the base material for the sidewalk and the removal/disposal of the old sidewalk material. Motion seconded by Commissioner Chaon. All ayes, motion carried.


MAG WATER WORK

Commissioner Chaon said that City staff and he worked out the specific areas of work on the Mag Water to be done in the area of the Eastern Farmers Cooperative. Commissioner Chaon said that Eastern Farmers Cooperative will be having their high traffic areas taken care of.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


COMPLAINT – SCORE PROPERTY

Commissioner Bogue asked if the City has received any resolution to the problems with asbestos at the David Score property at 406 West Fifth. Mr. Amert said that no resolution has happened yet. The Commission asked Mr. Amert to proceed with the complaint filed about the Score property at 406 West Fifth Street with either the State DENR or the US EPA.


LANDSCAPING ISSUE – SANBORN AND SOUTH PARK LANE

Commissioner Bogue said that a new resident to the house at the corner of Sanborn and South Park Lane has placed rocks and boulders in the City right-of-way. Commissioner Bogue asked if the City could send out a letter to have the landscaping moved off the City right-of-way.


ASYLUM HOUSE

Finance Officer Amert asked if anyone knew if the Lincoln County Commissioners were still planning to use the Canton Indian Asylum house for their building purposes. Commissioner Baldwin said that Assistant State’s Attorney Mike Nodowski has been in contact with the State to see if they were still interested in the house. Discussion followed. Mayor Van Wyhe asked Finance Officer Amert to put together a letter to the County Commissioners if they were still interested in the house or if the City could sell the house to Newton Hills. Further discussion followed.


TRAVEL REQUEST

Commissioner Nelson motioned to send Finance Officer Amert to a SD PUC meeting in Spearfish from September 26th to the 28th. Motion seconded by Commissioner Baldwin. All ayes, motion carried.


FIRE DEPARTMENT FINANCIAL REPORTING

Finance Officer Amert said that the Fire Department has submitted a Financial Statement for the past year to the City. Mr. Amert said that this statement meets the City’s requirements for the City Resolution. Discussion followed.
REQUEST FOR TRAINING IN LEADERSHIP PLENTY

Finance Officer Amert requested permission to send Karen Leffler and Shari O’Connor to the upcoming Leadership Plenty workshops this fall. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve of the training request. All ayes, motion carried.


EXECUTIVE SESSION

Finance Officer Amert asked to enter into Executive Session to discussion a negotiation matter. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into Executive Session to discussion a negotiation matter. All ayes, motion carried.

Executive Session began at 8:06 p.m.
Mayor Van Wyhe ended Executive Session at 8:31 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:31 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (August 30, 2004)


GENERAL FUND: Dan Amert, 63.14, meals and gasoline expenses;

DEBT SERVICE FUND: First National Bank in Sioux Falls, 8202.34, SRF Payment #44 – principal and interest.

WATER FUND: Postmaster, 240.50, postage for water bill mailing.

SEWER FUND: First National Bank in Sioux Falls, 3269.46, SRF Payment #44 – principal and interest; Postmaster, 240.50, postage for water bill mailing.

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MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 23, 2004


The Canton City Commission met at City Hall on Monday, August 23, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jerry Chaon


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the August 16, 2004 City Commission meeting as presented. All ayes, motion carried.


LISA ALDEN – CHAUTAUQUA PARK

Canton Community Development Coordinator Lisa Alden approached the Commissioners to discuss her conversations with the SD Department of Environment and Natural Resources (SD DENR). Ms. Alden said that she met with Kim McIntosh of the SD DENR about what grant funds are available to help with restoring Chautauqua Park by cleaning up the former dump site. Ms. Alden said that the SD DENR has up to $200,000 per site to grant for clean up, but if the cost go over the $200,000, the City has to pay all costs. Ms. Alden asked if there are any known contaminants at the site. The City was not sure, but was concerned that there could be. Discussion followed on other possible options to the City for these SD DENR “Brownfields” grants. Commissioner Baldwin said that he sees the City opening up a “Pandora’s Box” if the site is excavated. Ms. Alden asked if the site was sealed or capped properly. Chuck Andresen said that if the site was more than likely capped properly, the main issue would be with methane releases from the dump. Commissioner Baldwin said he’d be very apprehensive about excavating this site.


PROPOSED BASEBALL FIELDS

Marie Beitzel of the Sioux Valley News asked if the City was already planning for ball fields at the end of Chautauqua Park and the City was ready to proceed with building the fields. Mayor Van Wyhe stated that the City has made no commitment to a new baseball field at the south side of Chautauqua Park. Mayor Van Wyhe said that members of the amateur team are exploring the options to build a new field on their own time. Mayor Van Wyhe said that the present West Ball Park would still be used for Teeners and High School ball teams. Mayor Van Wyhe said he’d like to see Little League diamonds also put on the site. Discussion followed.


FIRST READING OF ORDINANCE 904 – ORDINANCE REVISING R-O ZONING DISTRICT

Finance Officer Amert said that City Attorney Larry Nelson has proposed Ordinance 904 for First Reading. Mr. Amert said that this Ordinance would redefine the R-O Large Lot under the City’s Zoning Ordinance to allow for animals in town as pets such as burros, horses and donkeys, but not to allow for breeding purposes. Discussion followed on sections of the proposed Ordinance. Mr. Amert said the Ordinance would define R-O lots or record as of 1 acre or larger as of August 1, 2004, with the requirement being 5 acres or more for lots of record after August 1, 2004. Mr. Amert said the house size would be 1,300 square feet or greater. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve Ordinance 904 on first reading. All ayes, motion carried.


CANTON COMPREHENSIVE PLAN

Finance Officer Amert discussed section of the City’s Comprehensive Plan for growth and development from 2000-2020. Mr. Amert discussed the issues that the Comprehensive Plan for the City, including the 4 different stages in the Plan: 2000-2005; 2005-2010; 2010- 2015; and 2015-2020. Mr. Amert explained the basic concepts of the Plan and the needs for the future of Canton. Mr. Amert said that State Representative Joel Dykstra was unable to attend the meeting, but asked the City to look at what is has done over the first 4 years of the plan and to see what needs to be done over the next two years. Discussion followed on the results to the Plan and the needs for the next few years.


SIDEWALKS ISSUE

Mr. Amert asked the Commissioners if the City was to proceed with bidding out 4 properties in Canton to have their sidewalks replaced this year. Mr. Amert asked if the Commission wanted to proceed with bidding out the sidewalks. The City Commission agreed to proceed with bidding out the sidewalks.


FIRE DEPARTMENT FINANCIAL REPORTING

Commissioner Bogue said that since the City was in the budgetary phase, he asked the City if they wanted more financial information from the Canton Fire Department that was not provided last year. Finance Officer Amert said the Fire Department did present financial information, but said that it was not a complete picture. Commissioner Bogue said that he was again concerned with protecting the fire fighters and to represent an accountability of the Fire Department’s funds in relation to their budget from the City. Commissioner Baldwin said that he agree with Commissioner Bogue, but was unsure how to achieve this. Commissioner Baldwin said by pursuing this issue, what could be the end result. Mayor Van Wyhe said that the City has provided much for the Canton Fire Department, but his concern was with the Canton Rural Fire Department’s lack of providing funding for the departments. Commissioner Bogue said that may be the reason to look again at having a Fire District formed to have those issues addressed. Commissioner Bogue stated he has only the highest regard for the work the Fire Department and the Rescue Services provide, but can be a love/hate relationship. Commissioner Baldwin said it is difficult to manage volunteers. Further discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


MINI BIKES

Commissioner Baldwin said a notice will be printed in the Sioux Valley News reminding residents about the moped/mini bikes issues involving insurance coverages.


2005 BUDGET

Finance Officer Amert reminded the Commission that their first requests for the 2005 Budget are due in by August 27th.


DUMP TANK AT WEST BALL PARK

Finance Officer Amert said a Canton resident requested having the east gate at the West Ball Park opened to allow campers using the Dump Tank easier passage from the Ball Park. The Commission deferred a decision to Mayor Van Wyhe. Mayor Van Wyhe instructed City staff to temporarily open the gate and to monitor the situation for any problems. Mayor Van Wyhe asked if speed bumps could be placed in the parking lot to help slow down traffic using the Ball Park.


OPEN HOUSE – FRAMERS SUPPLY CO.

Mayor Van Wyhe reported on the recent Open House last Friday held for Framers Supply Co., who moved from Sioux Falls to Canton to the former K-Products building. Discussion followed.


MAG WATER QUOTE

Finance Officer Amert presented a quote to install Mag Water on the City’s gravel roads near Eastern Farmers Cooperative. Mr. Amert said the area to be sprayed would the 24’ street paths the City has. Discussion followed on what work Eastern Farmers Cooperative would be having done at the same time. The Commission asked to delay work for one week to find out what Eastern Farmers would be having completed at the same time.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:31 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (August 23, 2004)

GENERAL FUND: Farmers State Bank, 25190.25, payroll; First American Bank & Trust, 4913.32, social security; First American Bank & Trust, 3006.36, federal withholding; AFLAC, 684.04, insurance premiums; City of Canton, 50.00, clothing deduction; Colonial Insurance, 7.22, insurance premiums; FSA Section 125, 95.90, Section 125 premiums; Landmark Dental, 166.10, dental insurance; New York Life, 40.00, life insurance premium; Pre-Paid Legal Services, 151.46, insurance premiums; SDRS, 4617.81, retirement; SDRS SRP, 50.25, supplemental retirement; Abek Custom Products, 37.10, repair work for Shop equipment; Alco Discount Store #210, 87.90, supplies; Aramark, 168.92, uniform services and towel maintenance; AT & T, 4.04, telephone service; Baker and Taylor, 686.25, books for Library; Brodart Co., 59.62, supplies for Library; Campbell Supply, 18.10, Shop tools; Canton Fire Department, 754.76, 2004 State Fire School expenses; Canton Food Center, 65.06, supplies; Cellular One, 119.60, cellular phone services; City of Canton-VISA Account, 692.10, postage and gas pump equipment; Computers Ta Boot, 117.50, repairs to Library computer; Crawford’s Implement, 2.40, Shop supplies; CRC Press, 74.31, crime scene process book for PD; D-P Tools, 26.96, Shop tools; Dan Amert-Cash Items, 21.77, postage and washing windows; Demco, 93.34, supplies for Library; Frieberg Zimmer Duncan and Nelson LLP, 1112.90, attorney fees; G & H Distributing, 233.70, crosswalk paint; Gaylord Brothers, 113.28, supplies for Library; Grainger, 676.61, Shop supplies and lighting for City Hall; Haisch Pharmacy, 10.00, magnet for PD cars; Heartland Paper Co., 96.59, supplies for Library; Holmes Murphy, 263.00, notary bond fee & surety bond; Hydraulic World, 7.10, hose parts for Shop; Jerry’s Appliance Service, 137.50, Freon removal for Rubble Site; Johnson Feed Inc., 164.00, floor dri for Shop; Junior Library Guild, 280.80, books for Library; Justice Fire and Safety, 398.10, new fire extinguishers for Shop; K-D Distributing, 3979.50, 2004-2005 tree order for Tree Bank; KB’s True Value, 95.67, parts and supplies; KeySolutions EAP, 727.27, 2004-2005 EAP Services; Lamar, 250.00, billboard rental on I-29; Lawson Products, 73.06, Shop supplies; Lincoln County Highway Department, 7484.80, cost for share of County’s work at Courthouse block; Linweld, 37.37, tank rentals; MidAmerican Energy Co., 68.94, natural gas; NAPA, 694.58, parts and supplies; Edith Nelson, 19.20, mileage costs; NSP, 4553.21, electricity and street lights; Office Interiors, 16.81, office supplies; One Call Systems, 19.36, utility locates; Peltier’s Collision Center, 533.31, towing fee and PD car repairs; Postage-Iris Schultz, 86.54, postage for Library; Prairie Wave, 752.79, telephone and internet services; Price’s Tractor Sales, 285.06, parts for mowers; Pump N Pak, 51.34, gas and other expenses; Qwest, 225.00, telephone services; RDO Equipment, 15.93, parts for #45 loader; Recorded Books LLC, 288.15, books for Library; Rock Valley Tractor Parts, 24.61, parts for #75 conveyor; Ron’s Motor and Radiator, 7037.29, new Gravely mower and parts; RR#1 Services, 158.10, towels for Shop and mat/mop maintenance; SD Library Association Conference, 150.00, 2004 SDLA annual meeting fee; SD Municipal League, 50.00, SDML handbook and SDML Directories; Secretary of State’s Office, 10.00, notary fee for Warnock; Sioux Falls Humane Society, 10.00, drop off dog; Sioux International, 335.26, hytrans order and parts for Recreation; Splash and Dash Car Wash, 27.50, washing PD cars; Stan Houston Equipment, 16.80, Shop parts; Sturdevant’s Auto Supply, 183.31, parts and supplies; Toby’s Amoco, 103.00, repairs to PD car; TopKote Inc., 30975.13, payment #1 for 2004 Seal Coating Project; Upstart, 49.35, supplies for Library; USI, 84.63, film for Library; Howard Van De Vendel, 125.00, lifeguard training fees for Nicole; Van Diest Supply Co., 1200.50, new portable sprayer and chemicals for mosquito spraying; Van’s Rubbish Removal, 252.00, garbage services; West Group, 728.00, new SDCL books for City Hall and Library; Becky Zeilstra, 30.00, refund of private swim lessons; Zep Manufacturing Co., 40.59, Shop supplies.


ADDITIONAL SALES TAX FUND: TopKote Inc., 41051.00, payment #1 for 2004 Seal Coating Project.


LIQUOR FUND: Farmers State Bank, 2916.25, payroll; First American Bank & Trust, 573.76, social security; First American Bank & Trust, 338.54, federal withholding; AFLAC, 13.85, insurance premiums; Colonial Insurance, 6.57, insurance premiums; FSA Section 125, 5.71, Section 125 premiums; Landmark Dental, 15.45, dental insurance; Pre-Paid Legal Services, 7.20, insurance premiums; SDRS, 826.68, retirement; Aramark, 122.46, towel maintenance; Canton Food Center, 233.62, supplies; Dan Amert-Cash Items, .23, postage; KB’s True Value, 5.78, parts and supplies; KeySolutions EAP, 90.91, 2004-2005 EAP Services; MidAmerican Energy Co., 19.78, natural gas; NSP, 572.53, electricity; Office Interiors, 5.10, office supplies; Prairie Wave, 48.25, telephone services; RR#1 Services, 73.50, mat/mop maintenance; Van’s Rubbish Removal, 35.00, garbage services.


WATER FUND: Farmers State Bank, 2908.03, payroll; First American Bank & Trust, 580.26, social security; First American Bank & Trust, 354.64, federal withholding; AFLAC, 70.14, insurance premiums; Colonial Insurance, 14.34, insurance premiums; FSA Section 125, 9.96, Section 125 premiums; Landmark Dental, 42.19, dental insurance; Pre-Paid Legal Services, 42.11, insurance premiums; SDRS, 839.44, retirement; SDRS SRP, 7.83, supplemental retirement; Abek Custom Products, 18.55, repair work for Shop equipment; Aramark, 70.00, uniform services; Campbell Supply, 9.05, Shop tools; Cellular One, 13.67, cellular phone services; City of Canton-VISA Account, 198.53, postage and gas pump equipment; Crawford’s Implement, 1.20, Shop supplies; D-P Tools, 14.47, Shop tools; Empire Business Systems, 229.95, billing envelopes; Grainger, 36.34, Shop supplies; Hydraulic World, 3.55, hose parts for Shop; Johnson Feed Inc., 82.00, floor dri for Shop; Justice Fire and Safety, 132.70, new fire extinguishers for Shop; KB’s True Value, 26.97, parts and supplies; KeySolutions EAP, 90.91, 2004-2005 EAP Services; Lawson Products, 36.52, Shop supplies; Linweld, 18.69, tank rentals; MidAmerican Energy Co., 29.59, natural gas; Myrl and Roy’s Paving, 9928.30, asphalt costs for Lincoln Street water line; NAPA, 42.04, parts and supplies; NSP, 1935.44, electricity; One Call Systems, 19.37, utility locates; Postmaster, 45.15, postage from Corporate Account; Prairie Wave, 26.46, telephone services; Qwest, 345.00, telephone services; RDO Equipment, 7.96, parts for #45 loader; Rock Valley Tractor Parts, 12.31, parts for #75 conveyor; RR#1 Services, 36.80, towels for Shop; Sioux International, 72.19, hytrans order; Stan Houston Equipment, 8.40, Shop parts; Sturdevant’s Auto Supply, 48.47, parts and supplies; Van’s Rubbish Removal, 5.00, garbage services; Zep Manufacturing Co., 40.59, Shop supplies. Zep Manufacturing Co., 20.30, Shop supplies.


SEWER FUND: Farmers State Bank, 2612.70, payroll; First American Bank & Trust, 521.70, social security; First American Bank & Trust, 324.88, federal withholding; AFLAC, 61.91, insurance premiums; Colonial Insurance, 12.27, insurance premiums; FSA Section 125, 7.93, Section 125 premiums; Landmark Dental, 37.63, dental insurance; Pre-Paid Legal Services, 38.33, insurance premiums; SDRS, 716.95, retirement; SDRS SRP, 6.92, supplemental retirement; Abek Custom Products, 18.55, repair work for Shop equipment; Aramark, 70.00, uniform services; AT & T, 4.01, telephone service; Campbell Supply, 9.05, Shop tools; Cellular One, 13.67, cellular phone services; City of Canton-VISA Account, 807.40, postage, equipment and gas pump equipment; Crawford’s Implement, 12.40, Shop supplies and O-rings; D-P Tools, 14.47, Shop tools; Dakota Fluid Power, 6.00, parts for jetter; Empire Business Systems, 229.95, billing envelopes; Grainger, 36.34, Shop supplies; Hydraulic World, 3.55, hose parts for Shop; Johnson Feed Inc., 82.00, floor dri for Shop; Justice Fire and Safety, 132.70, new fire extinguishers for Shop; KB’s True Value, 3.59, parts and supplies; KeySolutions EAP, 90.91, 2004-2005 EAP Services; Lawson Products, 36.52, Shop supplies; Lincoln County Weed Department, 533.34, weed spraying at Sewer Lagoons; Linweld, 18.69, tank rentals; MidAmerican Energy Co., 11.57, natural gas; NAPA, 42.04, parts and supplies; NSP, 102.73, electricity; One Call Systems, 19.37, utility locates; Prairie Wave, 26.46, telephone services; RDO Equipment, 7.96, parts for #45 loader; Rock Valley Tractor Parts, 12.31, parts for #75 conveyor; RR#1 Services, 36.80, towels for Shop; Sioux International, 72.19, hytrans order; Stan Houston Equipment, 8.40, Shop parts; Sturdevant’s Auto Supply, 48.47, parts and supplies; Van’s Rubbish Removal, 5.00, garbage services; Zep Manufacturing Co., 20.30, Shop supplies.


AIRPORT FUND: Crawford’s Implement, 92.72, parts for Tractor; Libra Air, 1167.67, manager’s fees; Prairie Wave, 37.53, telephone services; Raymon Electric, 156.92, work on Airport work.

BACK TO TOP

 


MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 16, 2004


The Canton City Commission met at City Hall on Monday, August 16, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the August 9, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said that the City Commission has minutes from recent Canton Library Board of Trustees meetings to review.


THREE RIVERS WILDLIFE ASSOCIATION

Brad Dietzenbach and Al Warnock, representing the Three Rivers Wildlife Association, approached the Commissioners to discuss a State of South Dakota Game, Fish and Parks grant they are working to obtain. Mr. Dietzenbach said that one issue with the Game, Fish and Parks people is the length of term for the lease between the City and Three Rivers for use of City land. Mr. Dietzenbach stated that the term of the present Lease is only for 5 years and due for renewal in 2005. Mr. Warnock said that the grant being sought was to enhance the safety at the range with the installation of a 75’ berm that will handle any firearm being shot at the range. Mr. Warnock said that according to Al Bahe at the Game, Fish and Parks, two issues were of concern included the Lease term and the age of people can shoot there. Mr. Warnock said that the age to shoot would now be at 18 years or older, rather than the present age of 21. Mr. Warnock submitted for consideration that the Lease be extended from 5 years to 50 years. Discussion followed on the length of term for the Lease. Mr. Warnock said that there has been plenty of positive feedback for the activities happening with shoots for all age groups.

Mr. Dietzenbach questioned the use of the Big Sioux River bottom area for use of the archery group. Further discussion followed. Mr. Warnock said that the new Lease drafted could be sent to the City Attorney’s office for their review. Commissioner Bogue asked the City Attorney’s office to review the proposed Lease as presented by the Three Rivers Wildlife Association.


RIBBON CUTTING – FRAMERS SUPPLY CO.

Canton Community Coordinator Lisa Alden asked the Commissioners to attend the Ribbon Cutting ceremony for Framers Supply Co. in Canton on Friday, August 20th at 11:00 a.m. at their plant.


PAYMENT #1 – 2004 SEAL COATING PROJECT

Finance Officer Amert presented Payment #1 from the City Engineer’s office for the 2004 Seal Coating Project. Mr. Amert said the payment was for $72, 026.13 and all documentation was in order. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve Payment #1 for the 2004 Seat Coating Project and to authorize the Mayor to sign all attached documents. All ayes, motion carried.


SECOND READING OF ORDINANCE 903 - MODEL TOWER ORDINANCE

Finance Officer Amert said the City Attorney Larry Nelson revised the proposed “Model Tower Ordinance” for the City of Canton, according to the requested changes at the August 9th meeting. Mr. Amert explained that the Ordinance would have in place the way a telecommunications tower would be erected in Canton along with the procedures to follow. Discussion followed on the proposed Ordinance. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve Ordinance #903 on Second Reading. All ayes, motion carried.

ORDINANCE NO. 903

AN ORDINANCE REGULATING RADIO, TELEVISION AND COMMUNICATION TOWERS.

BE IT ORDAINED BY the City Commission of the City of Canton, South Dakota that Title 17, Zoning of the Canton Municipal Code be amended by adding a new section thereto, 17.68 Radio, Television and Communication Towers:


CHAPTER 17.68 RADIO, TELEVISION AND COMMUNICATION TOWERS

17.68.010: Supplemental Regulations.

The district regulations hereinafter set forth in this section qualify or supplemental, as the case may be, the district regulations appearing elsewhere in these Regulations.

17.68.020: Radio, Television and Wireless Communication Towers.

The Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication services. The purpose of this section is to regulate towers, telecommunications facilities and antennas in the City of Canton without prohibiting or tending to prohibit any person from providing wireless telecommunication service. The placement of telecommunication facilities, towers and antennas in the City of Canton, should be located in such a manner to protect residential areas and land uses from potential adverse impact through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses.

17.68.030: Definitions. All terms in this section that are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations of the Federal Communications Commission (FCC). As used in this section, the following terms shall have the following meanings:

Antenna shall mean a device, designed and intended for transmitting or receiving television, radio, or microwave signals, direct satellite service (including direct-to-home satellite service), and/or video programming services via multi-point distribution services.

Antenna Support Structure shall mean any building or structure other than a tower that can be used for location of telecommunications facilities.

Applicant shall mean any person that applies for a Tower Development Permit.

Application shall mean the process by which the owner of a tract of land within the zoning jurisdiction of the City of Canton submits a request to develop, construct, modify, or operate a tower upon a tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form made by an applicant to the City of Canton concerning such request.

Conforming Commercial Earth Station shall mean a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this regulation.

Engineer shall mean an engineer qualified and licensed by the State of South Dakota.

Owner shall mean any person with a fee simple title or a leasehold interest exceeding ten (10) years in duration to any tract of land within the zoning jurisdiction of the City of Canton who desires to develop, construct, modify, or operate a tower upon such tract of land.

Person shall mean any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Satellite Dish Antenna shall mean an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish.

Stealth shall mean any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles and trees.

Telecommunications Facilities shall mean any cables, wires, lines, wave guides, antennas, or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:

1. Any conforming Commercial Earth Station antenna two (2) meters or less in diameter which is located on real estate zoned B-1, B-2, I-1 or I-2.

2. Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter, regardless of zoning applicable to the location of the antenna.

Tower shall mean a self-supporting lattice, guyed, or monopole structure that supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators' equipment as licensed by the FCC or structure supporting an earth station antenna serving residential premises or dwelling units exclusively.

Tower Development Permit shall mean a conditional use permit issued by the City upon approval by the City Commission of an application to develop a tower within the zoning jurisdiction of the City of Canton; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this section and such other terms and conditions mandated by the City. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permits duration unless revoked by the City and may be transferred, conveyed, and assigned by the applicant to assigns and successors-in-interest.

Tower Owner shall mean any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit.

17.68.040: Location of Towers and Construction Standards.

1. Towers shall be permitted conditional uses of land.

2. No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a Tower Development Permit by the City Commission and issuance of the permit by the City Commission. Applicants shall submit their application for a Tower Development Permit to the Zoning Administrator and shall pay a filing fee in the amount of $200.00 and an annual fee of $200.00.

3. All towers, telecommunications facilities and antennas on which construction has commenced after the effective date of this regulation shall conform to the Building Codes and all other construction standards set forth by the County, federal, and state law and applicable standards of the American National Standards Institute (ANSI). Upon completion of construction of a tower and prior to the commencement of use, the owner must obtain an engineers certification that the tower is structurally sound and is in all respects in conformance with all of the applicable regulatory standards and shall be filed with the Zoning Administrator.

17.68.050: Application to develop a Tower.

Prior to commencement of development or construction of a tower, an application shall be submitted to the Zoning Administrator for a Tower Development Permit and shall include the following information:

1. Name, address, and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower.

2. The legal description and address of the tract of land on which the tower is to be located.

3. The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a five (5) mile radius of the proposed tower, including publicly and privately owned towers, water towers and structures capable of hosting antenna or serving as an antenna support structure.

4. An affidavit attesting to the fact that the applicant has made an effort to obtain permission to install or collocate the applicants telecommunications facilities on a tower or useable antenna support structure or written technical evidence from an engineer that the applicants telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure due to the structures capacity or technical evidence from an engineers' radio frequency (RF) propagation map showing applicants' expected RF signal attenuation from all existing towers or useable antenna support structures within a five (5) mile radius of the proposed tower site and a radio frequency propagation map showing applicants' expected RF signal attenuation from the proposed tower site. The parameters inputted for all RF propagation maps must be identical with the exception of the tower coordinates and the highest available elevation of the antennas on the existing towers within a five (5) mile radius.

5. Written technical evidence from an engineer that the proposed tower will meet the established Building Code, and all other applicable construction standards set forth by the City Commission and federal and state and ANSI standards.

6. Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residentially used and/or zoned property and nearest roadway, street or highway.

7. Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturers literature, appurtenances such as buildings, driveways, parking areas, and fences or other security enclosures with significant detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.

8. A copy of application for and approval of tower with State Aeronautics Commission or similar state agency.

17.68.060: Tower Development Permit: Procedure.

After receipt of an application for a Tower Development Permit, the Zoning Administrator shall schedule a public hearing before the Planning Commission, following all statutory requirements for publication and notice, to consider such application. The Planning Commission shall receive testimony on the Tower Development Permit and shall submit a written recommendation to the City Commission. Upon the completion of the Planning Commission Public Hearing, the Zoning Administrator shall schedule a public hearing before the City Commission, following all statutory requirements for publication and notice, to consider such application and the written recommendation of the City Planning Commission. Notice, for each Public Hearing, shall be made at least one (1) time and at least ten (10) days prior to such hearing. In addition, the Zoning Administrator shall cause a notice to be posted in a conspicuous place on the property on which Tower Development Permit Application is pending. The Planning Commission and City Commission may approve the Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate, or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional user permit for said tract of land.

17.68.070: Setbacks and Separation or Buffer Requirements.

1. All towers up to fifty (50) feet in height shall be setback on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one (1) additional foot for each foot of tower height in excess of fifty (50) feet. The height of the tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located.

2. Towers exceeding one hundred (100) feet in height may not be located in any residentially zoned district and must be separated from all residentially zoned districts and occupied structures by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater.

3. Towers of one hundred (100) feet or less in height may be located in residentially zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures by a minimum of one hundred percent (100%) of the height of the tower.

4. Towers must meet the following minimum separation requirements from other towers:

a. Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed by a minimum of seven hundred fifty (750) feet.

b. Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice or guyed towers by a minimum of one thousand five hundred (1,500) feet.

17.68.080: Structural Standards for Towers Adopted.

The Structural standards for Steel Antenna Towers and Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by regulation.

1. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses/zoned properties within a distance of ten (10) times the height of the tower, any tower subject to this section shall be equipped with dual mode lighting.

2. All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner that will preclude to the extent practical unauthorized climbing of said nature.

3. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the Planning Commission and City Commission as part of the application approval process.

4. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to any and all landscaping required by the City.

17.68.090: Maintenance, Repair or Modification of Existing Towers.

All towers constructed or under construction on the date of approval of this regulation may continue in existence as a non-conforming structure and may be maintained or repaired without complying with any of the requirements of this section. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section, including applying for and obtaining a Tower Development Permit. The application shall describe and specify all items which do not comply with this section and may request, subject to final review and approval of the City Commission, an exemption from compliance as a condition of the Tower Development Permit.

17.68.100: Inspections.

The City reserves the right to conduct inspection of towers, antenna support structures, telecommunications facilities and antenna upon reasonable notice to the tower owner or operator to determine compliance with this section and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the City's Zoning Codes and any other construction standards set forth by the County, federal, and state law or applicable ANSI standards. Inspections shall be made by either an employee of the City, or a duly appointed independent representative of the City.


17.68.110: Maintenance.

The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public.

17.68.120: Severability.

If any clause, subsection, or any other part of this section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this section shall not be affected thereby, but shall remain in full force and effect.

Adopted this 16th day of August, 2004.


First Reading Date: August 9, 2004
Second Reading Date: August 16, 2004
Final Passage and Adoption: August 16, 2004
Effective Date: September 22, 2004
Date of publication: September 2, 2004


BOARD OF COMMISSIONERS
CITY OF CANTON, SOUTH DAKOTA
Pete Van Wyhe, Mayor

ATTEST:

Dan Amert
Municipal Finance Officer


CHANGE ORDER #5 – 2003 STATE HIGHWAY PROJECT

Finance Officer Amert said the State Department of Transportation has requested for the City to sign Change Order #5 for the 2003 US Highway 18 Project. Mr. Amert said the Change Order is a decrease in quantities for the project and will not cost the City any funds. Motion moved by Commissioner Chaon, seconded by Commissioner Bogue to authorize the Mayor to sign Change Order #5. All ayes, motion carried.\


7:15 P.M. – CONDITIONAL USE PERMIT HEARING – DR. GORDON SCHULTE

Mayor Van Wyhe opened the Conditional Use Permit (CUP) Hearing for Dr. Gordon Schultz for his property in the 1100 Block of West Fifth Street to allow for the building of a dentist office on the property. Mayor Van Wyhe read the Planning and Zoning Commission approved the CUP. Planning and Zoning Secretary Chuck Andresen said that Planning and Zoning asked if the issue with the water line through the property was taken care of. Commissioner Nelson said that is being worked on by City staff and the City Attorney’s office. Commissioner Bogue asked if there was anyone to speak against the CUP. No one spoke against the requested CUP. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the CUP. All ayes, motion carried. Discussion followed.


MIKE HILLMAN WITH THE BURLINGTON NORTHERN SANTA FE RAILROAD

Mike Hillman of TDKA, representing the Burlington Northern Santa Fe Railroad (BNSF), was present to ask the City where wants to go in relation on closing of railroad crossings in Canton. Commissioner Bogue said that from 2-4 of the 13 crossings in Canton have been discussed for closing, including 4th Street and Broadway. Commissioner Bogue explained the City’s need for a new roadway west of Lynn Street and the BNSF’s help to work with the City to make the extension of the road possible to alleviate problems in that part of town. Commissioner Bogue said that he’d like to see some tangible help from the closing of some crossings. Mr. Hillman stated that after talking to the SD DOT, there are assistance programs available, but are more likely with crossing safety and upgrading. Mr. Hillman explained the funding sources available. Mr. Hillman said the BNSF is looking for a full closure of a crossing, not a partial closure that would allow bike or foot traffic. Chuck Andresen of the Canton Planning Commission stated that the City should not close the crossing at Lynn Street, since that is considered an arterial street on the City’s Comprehensive Plan. Discussion followed on other tangible items the State or the BNSF could trade for closing crossings.

Commissioner Chaon said that Canton does not have a large problem with safety involving the railroad crossings. Mr. Hillman asked the Commissioners to look at the issue from a proactive stance. Mr. Hillman stated the reasons for the request for the crossing closings. Mr. Hillman said that the Federal Railroad Administration (FRA) has been working to have 25% of the crossings closed across the US, with 18% closed in the first 10 years. Mr. Hillman said that the FRA could make the crossing closings mandatory. Further discussion followed on the estimated costs for a project like a bridge across Beaver Creek.

Commissioner Nelson said that in his opinion, the railroad is responsible for the crossing. Commissioner Chaon said that he would not want to see any of the crossings in Canton closed. Mr. Hillman said that the main purpose of the crossing is not for the railroad, but for the roadway. Commissioner Nelson said that he sees that it’s the railroad’s responsibility to upkeep the crossings. Mr. Hillman said the new concrete crossings are very expensive to install and maintain, with an average cost of $1,250 per lineal foot. Commissioner Nelson said that it his duty to represent the residents of Canton and not the BNSF. Mr. Hillman asked the Commission to look at the larger picture of safety in the Canton community. Discussion followed about the issue of placing more traffic on fewer crossings. Mr. Hillman said that is true, but with the queuing effect, there is more safety and people will have to treat the crossing as a stop sign. Further discussion followed. Mr. Hillman said that he would take the suggestions back with him and try to explore options for the City to go with in trade for closing railroad crossings.


RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to declare a short recess. All ayes, motion carried.

Recess began at 8:04 p.m.
Recess ended at 8:06 p.m.


CANTON COMPREHENSIVE PLAN

Finance Officer Amert provided copies of the City’s Comprehensive Plan for growth and development from 2000-2020. Discussion followed. Mr. Amert asked for time next week to review the Comprehensive Plan with the City Commission. The Commission agreed to the request.


SIDEWALKS ISSUE

Mr. Amert said that the City has sent letters to 5 properties in Canton to have their sidewalks replaced this year and only 1 has complied. Mr. Amert asked if the Commission wanted to proceed with a Resolution of Necessity and have the sidewalks installed by the City. Discussion followed. The Commission requested to review the subject at the August 23rd meeting.


2005 BUDGET

Finance Officer Amert reminded the Commission that their first requests for the 2005 Budget are due in by August 27th.


NUISANCE – KOCA

Mr. Amert reported on a recent nuisance problem at Mike Koca, next to the City’s Mini Park. Mr. Amert presented pictures of the property’s condition. Mr. Amert stated that the property is in much better condition after the pictures were taken.

PAY REQUEST CHANGE - HEIMDAL

Mayor Van Wyhe read a request for a Pay Request for James Heimdal for a raise due to completing his WSI certificate. Questions were raised about the documentation submitted. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to give Mr. Heimdal a .50/hour raise to the date of passing on the condition of submitting the proper documentation to the City. All ayes, motion carried.


MINI BIKES

Commissioner Baldwin asked that a notice be printed in the Sioux Valley News reminding residents that mini bikes are not insurable and are not covered by the homeowner’s insurance does not cover the bike for damages or injuries in an accident. Discussion followed about more aggressive enforcement by the Police Department.


EXECUTIVE SESSION – LEGAL MATTER

Finance Officer Amert asked for an Executive Session for a legal matter. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to enter into Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 8:20 p.m.
Mayor Van Wyhe ended Executive Session at 8:30 p.m.


RECREATION NEEDS

Mayor Van Wyhe said that he appreciated the proposal for a Frisbee Golf Course at Chautauqua Park, but he considers the greater need for the City to be baseball diamonds and a swimming pool at this time.


SKATEBOARDING IN FRONT OF CITY HALL

The Commission asked the Police Department to enforce not allowing kids to use City Hall as a skateboard park.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.


Meeting adjourned at 8:31 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 9, 2004


The Canton City Commission met at City Hall on Monday, August 9, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the August 2, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said that the City Commission has minutes of the July 20th Canton Planning and Zoning Commission meeting for their review.


CONTINUATION OF CONDITIONAL USE PERMIT HEARING FOR MIKE AND JODI TIMM

Mayor Van Wyhe continued the Conditional Use Permit (CUP) hearing for Mike and Jodi Timm at 305 North Riverview Road for an addition onto a detached garage. Mayor Van Wyhe read that Planning and Zoning have approved the CUP for the Timms with the condition the Timm receive approval from the State Aeronautics Commission. Commissioner Chaon suggested having the City approved the CUP with the condition that the permit receives approval from the State Aeronautics Commission. Motion moved by Commissioner Nelson, seconded by Commissioner Chaon to approve the CUP request for the Timms with the condition that the permit receive approval from the State Aeronautics Commission. All ayes, motion carried.
REQUEST FOR RELIEF FROM LIENS – ELWOOD KREJCI

Finance Officer Amert reported that the Lincoln County Commissioners received an offer from Elwood Krejci for $4,000 to purchase the property at 409 South Lincoln. Mr. Amert said the County Commissioners have offered to split the proceeds of the offer 60% for the taxes and 40% to the City for the liens. Mr. Amert said that would equal $1,600 to the City for $4,293 in liens. Commissioner Bogue questioned if the City should get involved with a condemned property. Commissioner Nelson said that Mr. Krejci has asserted that he will fix up the property before winter and clean up the property in the Spring of 2005. Commissioner Baldwin said that it would establish an ownership to the property, but is concerned with how the property will be handled. Discussion followed on the condition of the property. Commissioner Nelson said there are two different issues at hand here – the tax issue and the rehabilitation of the property issue. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the split of the tax deed sale proceeds for 60% for the taxes and 40% to the City for the liens. All ayes, motion carried. Commissioner Bogue asked Finance Officer Amert to contact the City Attorney’s office to see what City’s legal ramifications are on being involved with a condemned property. Further discussion followed.


7:15 P.M. – CONDITIONAL USE PERMIT HEARING – BOB AND LINDA HERMANN

Mayor Van Wyhe opened the Conditional Use Permit Hearing for Bob and Linda Hermann for their property on South West Street to allow for livestock on their property. Mayor Van Wyhe read the Planning and Zoning Commission approved the CUP. Planning and Zoning Secretary Chuck Andresen said that Planning and Zoning have put the condition that only one horse can be on the property. Commissioner Bogue asked if there was anyone to speak against the CUP. No one spoke against the requested CUP. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the CUP with the conditions placed on the permit by Planning and Zoning. All ayes, motion carried.


STOP LIGHT AT ELDER AND DAKOTA – CHARLIE AND LYNDA JOHNSON

Charlie and Lynda Johnson were present to ask the City to consider having a 4-way stop erected at the intersection of Elder and Dakota Streets. Ms. Johnson stated that no one is stopping for the traffic light and the kids can’t cross the street. Ms. Johnson said that people are not stopping for the pedestrians. Commissioner Chaon said it is a pedestrian light and not a stop light. Commissioner Chaon said that he can see updating the light, but was opposed to a 4-way stop at that intersection. Ms. Johnson said the traffic can’t turn at the intersection and the kids can’t cross the street. Finance Officer Amert said the last quote to replace the light with part of the remains from the 5th and Dakota stop light and to add traffic sensors would equal around $4,000. Ms. Johnson said that with more stop signs could cause fewer accidents. Commissioner Bogue said that the SD DOT will tell you that stop signs actually cause more accidents. Commissioner Baldwin said that with Dakota Street being a Farm to Market road that if the City made it a 4-way stop would be a real problem for our farmers. Commissioner Chaon said that if there is a speed problem on Dakota, the City needs to do more enforcement of the speed limits. Discussion followed on the proposal from Muth Electric. Commissioner Bogue said that his concern in this case is with the safety of the kids crossing the street. Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to have the City proceeds with the upgrading of the stop light at Dakota and Elder. All ayes, motion carried.


CONTRACT FOR SERVICES – CITY AND KEYSOLUTIONS

Finance Officer Amert said that the City Attorney’s office has finally resolved to a Contract for Services between the City and KeySolutions of Sioux Falls for Employee Assistance Program (EAP) for the City’s employees, volunteers and staff. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the Contract for Services between the City and KeySolutions of Sioux Falls for Employee Assistance Program (EAP). Ayes 4, Nay 0, Recuse 1 – Motion carried. Ayes – Baldwin, Chaon, Nelson and Van Wyhe; Recuse – Bogue.


EASEMENT REQUEST – CITY AND ANGELA WIKERT

Finance Officer Amert asked for permission to request an Easement for part of the closed alleyway owned by Angie Wikert at 628 West Fifth Street. Mr. Amert said the City would be requesting to use part of her property for decorative landscaping at the Canton Depot. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to have the City approach Ms. Wikert for a Easement to her property. All ayes, motion carried.


FIRST READING OF ORDINANCE 903- MODEL TOWER ORDINANCE

Finance Officer Amert said the City Attorney Larry Nelson has drafted a “Model Tower Ordinance” for the City of Canton, South Dakota and submitted it to the City Commission. Mr. Amert explained that the Ordinance would have in place the way a telecommunications tower would be erected in Canton along with the procedures to follow. Commissioner Bogue asked if the Ordinance encourages co-location onto telecommunications towers if located in the City of Canton, South Dakota. Mr. Amert said yes. Commissioner Bogue said that he would like to have had this in place during our discussions on cell phone towers earlier in the year, but having it place prevents any future problems. Commissioner Chaon asked to have the language relating to having FAA/State Aeronautics Board approval along with changing the words “City Council” to “City Commission”. Discussion followed on the proposed Ordinance. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve Ordinance #903 on First Reading. All ayes, motion carried.
SALES TAX ON FOOD INITIATIVE

Finance Officer Amert asked for permission to allow him to work with the Canton Area Commerce Association and the Canton School District to collect and present information on the upcoming Initiative on the Sales Tax on Food. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to allow Mr. Amert to collect and present information on the Initiative. All ayes, motion carried.


CANTON COMPREHENSIVE PLAN

Finance Officer Amert reported that at the monthly meeting of the Canton Economic Development Corporation, the group asked the City to follow more closely the City’s Comprehensive Plan for growth and development of Canton. Mr. Amert asserted that some members of the CEDC were not seeing the City following through to help in further development of the Canton community. Discussion followed. Mr. Amert asked for time in the next two weeks to review the Comprehensive Plan with the City Commission. The Commission agreed to the request.


ZONING ISSUE – DOWNTOWN BUSINESS

Mr. Amert said that a new local business downtown was concerned that her business, a take out food business, would need to have a Conditional Use Permit. Mr. Amert explained her issue with the type of business being operated. After some discussion, the City Commission said that no CUP was needed in this case.


SPRAYING IN HUDSON

Finance Officer Amert reported that the City has been working with the City of Hudson to conduct spraying for mosquitoes.


LAND FOR SALE

Commissioner Baldwin said that he was contacted by John Schutte regarding the 13 acres south of Chautauqua Park is for sale at this time. Commissioner Bogue asked the City not to allow developers to get away with not giving land for parks while developing the future properties.


LANDFILLS AND GRAVEL PITS

Canton Community Coordinator Lisa Alden said that she was working with local officials to see if Canton could get some federal funding for Brownfields grants for landfills and gravel pits in the Canton area. Discussion followed on the potential landfills and gravel pits in the Canton area.


MINI BIKES

Commissioner Baldwin asked that a notice be printed in the Sioux Valley News reminding residents that mini bikes are not insurable and are not covered by the homeowner’s insurance does not cover the bike for damages or injuries in an accident. Discussion followed.


CAR SHOW PARADE

Commissioner Nelson said that Police Chief Warnock and he are working with the State to see if a Car Show Parade could be worked out for next year. Commissioner Nelson said an application can be made to close the State Highway down for 1 to 1 ½ hours for a Classic Car Parade only.


PLAYING OF OLD TIME MUSIC DOWNTOWN

The Commission thanked all who were involved and organize the players with the Sioux River Folk Festival to perform in downtown Canton on August 6th,


JOHN THUNE COOKOUT – JACK FOX PARK

Mr. Amert said that he was told by Senatorial candidate John Thune to thank the City for their work preparing for his cookout at Jack Fox Park on Friday, August 6th. Mr. Amert said that Mr. Thune was very impressed with the Canton community.


EXECUTIVE SESSION – NEGOTIATIONS

Finance Officer Amert asked for an Executive Session for negotiation matter. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into Executive Session for a negotiation matter. All ayes, motion carried.

Executive Session began at 8:14 p.m.
Mayor Van Wyhe ended Executive Session at 8:27 p.m.



EXECUTIVE SESSION – LEGAL MATTER

Finance Officer Amert asked for an Executive Session for a legal matter. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 8:28 p.m.
Mayor Van Wyhe ended Executive Session at 8:52 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:53 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 2, 2004


The Canton City Commission met at City Hall on Monday, August 2, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the July 26, 2004 City Commission meeting as presented. All ayes, motion carried.


LISA ALDEN – CLEAN UP OF CHAUTAUQUA PARK

Canton Community Development Coordinator Lisa Alden asked the Commissioners for permission to allow different youth groups in Canton work to help clean up Chautauqua Park. Ms. Alden asked access to a City truck to put the tree branches in. Mayor Van Wyhe asked Ms. Alden to get a hold of Public Works Superintendent Palmer Ericksen to line up the equipment needed.


JAMES HOFER - QUOTES FOR THE CITY HALL SHINGLING PROJECT

James Hofer of Hofer Roofing of Hartford, SD approached the Commissioner about the way the City handle taking quotes for the City Hall Singling project. Mr. Hofer stated that when the City had accepted bids on the project, he was the low bidder and the City through out the bids. Mr. Hofer stated that when the City now was taking quotes and he was the low initial quote, the City Commission took the local person. Mr. Hofer stated that the City was being unfair to him. Commissioner Baldwin explained that the City accepted quotes the second time around and that the City was open to accept whoever it chose if the quotes were under State bid law. Commissioner Baldwin said that he was comfortable with accepting the quote of Reliable Roofing under the conditions set forth. Mr. Hofer questioned the City’s intent to leave the old shingles on the roof and not tear them off to the wood. Mr. Hofer said that he put in a lot of time to give the City two bids on the project and believe the City was not being fair. Commissioner Baldwin said that he was comfortable with the proposal submitted by Reliable Roofing. Discussion followed. Mayor Van Wyhe said that Reliable was here at the July 12th meeting to explain his quote. Mr. Hofer said that if he’d know that the City was hearing sales pitches that night, he would have been here. Mr. Hofer said that he doesn’t believe the City was acting properly on this. No action was taken.


KEVIN KIDD – PROPOSAL FOR FRISBEE GOLF COURSE

Kevin Kidd was present to discuss with the City a proposal for a Frisbee golf course in one of the City’s parks. Mr. Kidd presented plans, pictures and blueprints that he created at South East Technical Institute in Sioux Falls last spring. Mr. Kidd said that he initially looked at Kennedy Park, but was interested in developing this at Chautauqua Park. Mr. Kidd said that he could see the course bringing in people from the entire area to Canton for the recreation use. Mr. Kidd said the course would help with promoting health and fitness along with it being a low maintenance course. Commissioner Baldwin asked what would be the cost per hole to develop. Mr. Kidd said that he would estimate the cost at $800 - $900 per hole. Mr. Kidd presented an itemized pricing for an 18 house course, which was listed at about a cost of $15,000.

Mr. Kidd said that he’s seeing a high interest in the Canton community and would be a great draw to Chautauqua Park. Mr. Kidd said that would add one more aspect to the community’s recreational aspects. Commissioner Chaon asked how would this course in the Park that has problems with flooding. Mr. Kidd said that the holes can be removed and stored during the winter and if there would be any flooding in the Park. Discussion followed on facets of the old Big Sioux River channel in Chautauqua Park. Commissioner Nelson asked how if the tee boxes were to be built up. Mr. Kidd said no, the boxes were to be dug down and placed into the ground. Mayor Van Wyhe said that he could see each hole being sponsored by local businesses to help with the initial cost of the course. Ms. Alden said that she would like to see the City work to develop Chautauqua and would be meeting with Senator Daschle’s office to see what funding could be obtained for this expansion of the Park. Ms. Alden said that she could see the entire community getting behind this project. Mr. Kidd said that this is a recreational opportunity for Canton and a great draw to Canton. Further discussion followed.


7:15 P.M. – CONDITIONAL USE PERMIT HEARING FOR MIKE AND JODI TIMM

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Mike and Jodi Timm at 305 North Riverview Road for an addition onto a detached garage. Commissioner Chaon said that the Timms did not meet with the Planning and Zoning Commission at their last meeting, but plan to at their next meeting on August 3rd. Discussion followed on the need for approval from the Federal Aviation Administration. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to table the CUP for one week. All ayes, motion carried.


REQUEST TO CLOSE STREET – CANTON ASSEMBLY OF GOD

Rev. Bill Sites of the Canton Assembly of God was present to request closing part of Cedar Street in front of Canton Assembly of God for a Church Carnival on August 18th. Rev. Sites said that the time of the street closing would be from 6:00 p.m. to 8:30 p.m. on the 18th. Rev. Sites said that no driveways would be closed off for their Carnival. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the street closure request. All ayes, motion carried. Commissioner Chaon asked the Sites’ to contact their neighbors to alert them of the change. Commissioner Nelson said that the City could deliver the barricades to the Church.


NUISANCE REPORT – REQUEST FOR RELIEF FROM LIENS

Finance Officer Amert reported on a request from Elwood Krejci regarding a house listed on the City’s dilapidated housing list, 409 South Lincoln Street. Mr. Amert informed the Commissioners that Mr. Krejci has made an offer on the tax deed property to Lincoln County, but there are liens on the property from the City. Commissioner Nelson said that Mr. Krejci had contacted him about reducing the liens on the property from the City to make the house affordable for him to buy on tax deed. Commissioner Nelson said that the taxes on the property are $6,449 and the City’s liens on the property are $4,293. Mr. Nelson asked if the Commission was willing to reduce the liens by 50% to help make the tax deed sale possible. Mr. Amert said that if the liens are reduced by 50%, the City would still be covering our cost incurred.

Mayor Van Wyhe questioned if the property would be restored that it would not be considered a dilapidated house. Commissioner Nelson said that Mr. Krejci claimed that he would fix up the house, clear the trees, and make it livable. Commissioner Bogue questioned if the house can be made livable again. Discussion followed. The Commission took no action, waiting to hear what Mr. Krejci has offered for the property on tax deed.

ASYLUM ADMINISTRATOR’S HOUSE

Commissioner Nelson said that Lincoln County is progressing to make arrangements for the moving and restoration of the former Canton Indian Asylum Administrator’s house into office space for the Lincoln County Extension Office. Discussion followed.


MODEL TOWER ORDINANCE

Finance Officer Amert said the City Attorney Larry Nelson has drafted a “Model Tower Ordinance” for the City of Canton, South Dakota and submitted it to the City Commission. Mr. Amert asked for the Commissioners to review the Ordinance and to possibly discuss 1st Reading of the Ordinance at next week’s meeting. The Commission agreed to the request.


STATUS OF 1997 POLICE CAR

Commissioner Baldwin said that he’d like to see the City not to surplus the 1997 Police Car and leave it with the City for City use. The Commission agreed to the request to keep the car in the City’s fleet.


TREE TRIMMING NOTICE – CONCERN

Commissioner Chaon read a note of concern from Bill McCann about the City’s recent notice on trimming trees. Commissioner Chaon asked residents that if their tree is near power lines or phone lines or other communication system lines to contact the respective company and have them trim the trees rather than risk residents from getting hurt or killed while trimming trees near these lines.


SKATEBOARD PARK

Commissioner Chaon commented on a skateboard park he had recently seen in Eagle Butte, South Dakota for the kids to use. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


FINANCE OFFICER’S REPORT

Finance Officer Amert reported on the positive comments sent from a person attending the Canton Car Show from Nebraska and the helpfulness local residents helped when his car broke down 3 miles west of Canton after the Car Show.

Mr. Amert said a letter was sent to Ray Kroger asked him to demolish his garage that has fallen in. Mr. Amert said that Mr. Kroger has filed with the City to demolish the garage and will have 60 days to demolish it.


EXECUTIVE SESSION – LEGAL MATTER

Finance Officer Amert asked for an Executive Session for a legal matter. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 7:55 p.m.
Mayor Van Wyhe ended Executive Session at 8:14 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:15 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (August 2, 2004)

GENERAL FUND: Farmers State Bank, 26244.38, payroll; First American Bank & Trust, 5105.00, social security, First American Bank & Trust, 3101.68, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 94.21, Section 125 deductions; SDRS SRP, 50.00, supplemental retirement; WellMark of South Dakota; 4840.74, health insurance; AFLAC, 18.00, Section 125 fees; Aramark, 74.14, uniform services and towel maintenance; AT & T, 1.71, telephone service; Brown and Saenger, 52.88, office supplies; Canton Fire Department, 1273.92, reimbursement for repairs, equipment and supplies; Cellular One, 126.42, cellular phone service; City of Canton, 111.37, water/sewer bills; City of Canton VISA Account, 27.73, supplies; Dakota Filter Service LLC, 85.33, filter maintenance; Dan Amert-Cash Items, 30.18, postage; Davis Typewriter, 85.59, copier maintenance; DeWild Grant Reckert, 160.00, engineering fees; Farmers Union Cooperative, 2745.07, unleaded gas and diesel fuel shipment; Grainger, 83.17, parts and supplies; Hawkins Chemical, 685.64, chlorine and chemicals for Pool; Iowa Office Supply, 29.99, office supplies; Johnstone Supply, 20.09, motor for Shop; Jones Ace Hardware, 54.00, fuel caps for mowers; Kruse Building Center, 9.00, wood supplies; Linweld, 46.21, welding supplies; Lyle Signs, 501.12, speed limit signs; New Deal Tire, 1591.65, tire removal from Rubble Site, NSP, 1798.44, electricity; Office Interiors, 145.60, time cards for Recreation and Pool; Pepsi-Cola, 119.20, food supplies for Pool; Prairie Communications, 7.37, resistor for Shop; Queen City Wholesale, 601.66, food and supplies for Pool; Qwest, 46.65, telephone services; RR#1 Services, 65.00, mat and mop maintenance; SD Department of Health, 108.00, lab testing fees; SD State Treasurer, 508.63, sales tax payment; Sioux Falls Argus Leader, 65.00, newspaper subscription; Sioux Falls Two Way Radio, 270.54, radio parts and rentals for Cruise Night; Sioux Valley News, 947.40, publishing; Tractor Supply Co., 100.45, Shop supplies; Verizon Wireless, 57.49, cell phone service.


LIQUOR FUND: Farmers State Bank, 3157.69, payroll; First American Bank & Trust, 616.20, social security, First American Bank & Trust, 349.89, federal withholding; Fortis Benefits, 22.75, life insurance; FSA Section 125, 4.86, Section 125 deductions; WellMark of South Dakota; 1429.03, health insurance; AFLAC, 3.00, Section 125 fees; Aramark, 57.15, towel maintenance services; Beal Distributing, 35274.53, beer purchases; Carlson Distributing Co., 1003.90, beer purchases; City of Canton, 54.02, water/sewer bill; Coca-Cola Bottling, 158.50, pop and pre-mix supplies; Culligan Water Conditioning, 50.16, water softener maintenance; Dakota Beverage, 11268.35, beer purchases; Dakota Tom’s, 13.33, food supplies; Jerry’s Appliance Service, 128.50, repairs to A/C at Powerhouse; Johnson Brothers Famous Brands, 4660.65, liquor and malt beverage purchases; Kraft Pizza Company, 50.08, food supplies; Maxwell Hotel Supply, 77.65, glasses and ashtrays; Queen City Wholesale, 133.91, food and supplies; RR#1 Services, 73.50, mat and mop maintenance; Russ Miller-Cash Items, 304.61, supplies and professional entertainment; Russ’ Pest Control, 24.00, pest maintenance; SD State Treasurer, 865.06, sales tax payment; Sioux Valley News, 31.20, publishing; Skillpath Seminars, 99.50, workshop fees for Leffler and O’Connor; Sodak Distributing, 3220.46, liquor purchases.


WATER FUND: Farmers State Bank, 2885.89, payroll; First American Bank & Trust, 577.96, social security, First American Bank & Trust, 342.46, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 11.74, Section 125 deductions; SDRS SRP, 7.64, supplemental retirement; WellMark of South Dakota; 906.65, health insurance; AFLAC, 4.50, Section 125 fees; Aramark, 22.44, uniform services; Cellular One, 13.67, cellular phone service; City of Canton VISA Account, 2.03, postage; Dan Amert-Cash Items, 4.15, postage and other expenses; Davis Typewriter, 42.80, copier maintenance; DeWild Grant Reckert, 1256.00, engineering fees; Farmers Union Cooperative, 704.94, unleaded gas and diesel fuel shipment; Grainger, 1175.34, circuit breaker, parts and supplies; Hawkins Chemical, 1162.17, chlorine and chemicals; Johnstone Supply, 10.04, motor for Shop; Kruse Building Center, 36.99, plastic supplies and hole saw; Linweld, 23.11, welding supplies; NSP, 1530.12, electricity; Postmaster, 17.85, postage from Corporate Account; Prairie Communications, 3.69, resistor for Shop; Skillpath Seminars, 149.25, workshop fees for Leffler and O’Connor; Tractor Supply Co., 50.21, Shop supplies.


SEWER FUND: Farmers State Bank, 2777.19, payroll; First American Bank & Trust, 554.88, social security, First American Bank & Trust, 352.78, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.69, Section 125 deductions; SDRS SRP, 7.36, supplemental retirement; WellMark of South Dakota; 906.62, health insurance; AFLAC, 4.50, Section 125 fees; Aramark, 22.44, uniform services; AT & T, 2.11, telephone service; Cellular One, 13.67, cellular phone service; City of Canton VISA Account, 585.02, sensor and postage; Dan Amert-Cash Items, 4.13, postage and other expenses; Davis Typewriter, 42.79, copier maintenance; Farmers Union Cooperative, 124.38, unleaded gas and diesel fuel shipment; Grainger, 71.04, parts and supplies; Johnstone Supply, 10.04, motor for Shop; Kruse Building Center, 27.00, plastic supplies; Linweld, 23.11, welding supplies; NSP, 548.00, electricity; Pond Doctor, 2040.00, motor gearbox assembly for Pond Dr., Prairie Communications, 3.69, resistor for Shop; Qwest, 43.80, telephone services; Skillpath Seminars, 149.25, workshop fees for Leffler and O’Connor; Tractor Supply Co., 50.21, Shop supplies.


AIRPORT FUND: City of Canton, 14.00, water bill; NSP, 61.94, electricity.


GENERAL LEDGER: WellMark of South Dakota; 370.55, health insurance.


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MINUTES OF CANTON CITY COMMISSION MEETING
JULY 26, 2004


The Canton City Commission met at City Hall on Monday, July 26, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the July 19, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the June 15th and July 6th Canton Planning and Zoning Commission minutes were submitted for review to the City Commission.


LISA ALDEN – CANTON RESOURCE BOOKLET

Canton Community Development Coordinator Lisa Alden said that she is in the process of working on a Community Resource Booklet that can be sent out to prospective residents and businesses. Ms. Alden asked for permission to add information on the City of Canton and background information that would be helpful. The Commission approved having Finance Officer Amert work with Ms. Alden to provide the information.

SCHEDULE CONDITIONAL USE PERMIT HEARING – DR. GORDON SCHULTE

Mayor Van Wyhe read a request from Dr. Gordon Schulte requesting a Conditional Use Permit (CUP) for a new dental clinic at 1110 West Fifth Street. Finance Officer Amert asked to schedule the CUP for Dr. Schulte for Monday, August 16th at 7:15 p.m. Motion moved by Commissioner Baldwin to approve scheduling the CUP for Dr. Schulte for Monday, August 16th at 7:15 p.m. All ayes, motion carried.


STOP SIGN STUDY

Finance Officer Amert asked if the Board members had received any further calls about the issue of intersections being changed from 4-way to 2-way stops. The Commission did not report any further calls. Mr. Amert asked if there would be any changes to 1st and Lincoln. The Commission agreed to leave the 1st and Lincoln intersection as a 4-way stop.


NUISANCE REPORT

Finance Officer Amert reported on the progress of nuisances, especially with dilapidated housing. Mr. Amert said the issue of the condition of the house at 714 West Fifth, owned by Randy Dowdey has been raised to his office. Discussion followed. Commissioner Chaon asked if the house just looks bad or are there real issues with the house being dilapidated. Further discussion followed on the procedures for inspecting a dilapidated house. No action was taken at this time on the house in question for at least one week.


QUOTES FOR THE CITY HALL SHINGLING PROJECT

Finance Officer Amert said the he received complaints about the way the City handle taking quotes for the City Hall Singling project. Commissioner Baldwin asked to verify that these were quotes and not bids. Mr. Amert said yes. Mayor Van Wyhe said the City has the latitude to make changes to a proposal or quote that it can’t with a bidding situation. Commissioner Chaon said that the City didn’t handle the quotes very fairly to all parties. Discussion followed.


2005 BUDGET BOOKS

Finance Officer Amert handed out the 2005 Budget Books for each Commissioner to begin working on. Mr. Amert asked to have the initial numbers returned to his office by August 27th. Commissioner Nelson asked if the Commissioners are to consider the potential loss of sales tax funds in the 2005 Budget. Mr. Amert said the City should consider some for of loss on sales tax, unless the voters decide not to repeal the sales tax on food in November. Mr. Amert said the expected loss to the City would be over $100,000 each year, but that in 2005, the change would not go in effect until July 1st. Mr. Amert said that would still mean at least a loss of $50,000 in sales tax. Discussion followed.


SCHOOL STOP LIGHT

Finance Officer Amert said that he received a note back from the SD DOT about where the location of the School Stop light on the north side of the intersection of 5th and Bartlett (Mike Pederson’s property) has to be at the crossing. Mr. Amert presented information from the SD DOT. Mr. Amert said a representative of their office will be in Canton in August to see what other options could happen there. Commissioner Nelson asked that the poles for the School Stop Lights be repainted also this summer. Commissioner Chaon said that some of the intersections like 5th and Bartlett are hard to see around, either due to trees or retaining walls.


REQUEST TO CLOSE STREET – CANTON ASSEMBLY OF GOD

Mr. Amert said that a request from the Canton Assembly of God to close part of Cedar Street for a Church Carnival on August 18th. After some discussion, the Commission took the matter under advisement for one week.


OIL ON STREET – CRUISE NIGHT

Commissioner Chaon said that some residents on South Broadway poured oil onto the street to create a “burn out pit” during Cruise Night. Commissioner Chaon questioned the Police if there were any reports of these burn outs being reported to them. Police Chief Al Warnock said that his security staff were concentrated on 5th Street during Cruise Night and did not report any incidents along South Broadway. Commissioner Chaon said that with the amount of oil and burn outs on the street, the Police should have seen the smoke or heard the noise.


FIREMEN GOING TO A FIRE CALL

Commissioner Chaon said that a concerned citizen raised the issue of some of the volunteer firemen driving unsafe when driving to the Canton Fire Station for a fire call. Commissioner Chaon said the fireman went around a person who was legally at a stop sign and passed around them. Commissioner Chaon said that since the City stop blowing the whistle for fires, the public has no clue when a fire call is in progress. Discussion followed on the use of “blue lights” to signal that a fireman is in route to a fire call.

WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the warrants. All ayes, motion carried.


TREE TRIMMING NOTICE

Mayor Van Wyhe reminded residents to make sure residents trim all of their trees on the street side and on the sidewalk side. Mayor Van Wyhe said he’s seen many low hanging branches and ask residents to have the trees trimmed to the proper height.


CRUISE NIGHT AND CAR SHOW SUNDAY

Commissioner Baldwin and Police Chief Al Warnock reported that 40 citations were written during Cruise Night and no ambulance calls in the Cruise area. Commissioner Baldwin said that all went as well as it did. Chief Warnock and Commissioner Baldwin said that early law enforcement was a major reason that all went as well as it did. Discussion followed.

Commissioner Nelson commented on how well the Canton Car Show went on Sunday at the Canton High School. Commissioner Nelson said that he estimated that about 600 cars were on displayed and at least 12,000 people were in town for the Car Show. Commissioner Nelson said the weather was great and an excellent job was done by all.

Commissioner Nelson said that he’d like to see if a special Cruise time or parade could be made to show off the Car Show cars around Canton, with a controlled cruising time. Commissioner Nelson said that with next year being the 25th Anniversary of the Car Show, all parties can work to make it a memorable Show. Discussion followed. Ms. Alden said that the Chamber is planning to work more closely with the Car Show for next year to help the Ludwigs with the Car Show.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 7:40 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (July 26, 2004)

GENERAL FUND: Farmers State Bank, 23370.14, payroll; First American Bank & Trust, 4546.06, social security; First American Bank & Trust, 2656.90, federal withholding; AFLAC, 653.23, insurance premiums; City of Canton, 50.00, clothing deduction; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 83.93, Section 125 premiums; Landmark Dental, 158.70, dental insurance; New York Life, 39.81, life insurance premium; Pre-Paid Legal Services, 146.52, insurance premiums; SDRS, 4377.38, retirement; SDRS SRP, 42.89, supplemental retirement; Aramark, 43.25, uniform services; Randy Arndt, 126.00, Cruise Night security; Chad Brown, 126.00, Cruise Night security; Larry Christensen, 126.00, Cruise Night security; Wade Deuter, 126.00, Cruise Night security; Joni Gebauer, 126.00, Cruise Night security; Ryan Gebauer, 126.00, Cruise Night security; Manual Gonzales, 126.00, Cruise Night security; David Hamilton, 126.00, Cruise Night security; Steve Hoogestraat, 126.00, Cruise Night Security; James Houser, 126.00, Cruise Night security; Orville Jorgensen, 126.00, Cruise Night security; Justin Keckler, 126.00, Cruise Night security; Mario Massa, 126.00, Cruise Night security; Justin Meyer, 126.00, Cruise Night security; Rick Miller, 41.23, Cruise Night security; Russ Nelson, 126.00, Cruise Night security; Prairie Communications, 141.66, fuel additive for Shop; Jake Schneller, 30.00, umpiring fee; David Schrank, 126.00, Cruise Night security; Larry Schultz, 126.00, Cruise Night security; Brian Swenson, 126.00, Cruise Night security; Richard Tupper, 126.00, Cruise Night security; Tim Walburg, 126.00, Cruise Night security; Al Warnock, 126.00, Cruise Night security.


LIQUOR FUND: Farmers State Bank, 2937.98, payroll; First American Bank & Trust, 576.38, social security; First American Bank & Trust, 335.19, federal withholding; AFLAC, 14.34, insurance premiums; Colonial Insurance, 6.81, insurance premiums; FSA Section 125, 5.45, Section 125 premiums; Landmark Dental, 15.98, dental insurance; Pre-Paid Legal Services, 7.44, insurance premiums; SDRS, 821.78, retirement; Acoustic Trio, 300.00, entertainment fee.


WATER FUND: Farmers State Bank, 3597.05, payroll; First American Bank & Trust, 734.66, social security; First American Bank & Trust, 504.94, federal withholding; AFLAC, 101.78, insurance premiums; Colonial Insurance, 15.27, insurance premiums; FSA Section 125, 22.55, Section 125 premiums; Landmark Dental, 52.35, dental insurance; New York Life, .19, life insurance premium; Pre-Paid Legal Services, 48.88, insurance premiums; SDRS, 1040.02, retirement; SDRS SRP, 15.94, supplemental retirement; Aramark, 21.62, uniform services; Prairie Communications, 35.42, fuel additive for Shop.


SEWER FUND: Farmers State Bank, 2325.34, payroll; First American Bank & Trust, 467.24, social security; First American Bank & Trust, 281.97, federal withholding; AFLAC, 60.59, insurance premiums; Colonial Insurance, 11.60, insurance premiums; FSA Section 125, 7.57, Section 125 premiums; Landmark Dental, 34.34, dental insurance; Pre-Paid Legal Services, 36.26, insurance premiums; SDRS, 716.94, retirement; SDRS SRP, 6.17, supplemental retirement; Aramark, 21.62, uniform services; Prairie Communications, 35.42, fuel additive for Shop.

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MINUTES OF CANTON CITY COMMISSION MEETING
JULY 19, 2004


The Canton City Commission met at City Hall on Monday, July 19, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the July 12, 2004 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the June 15th Canton Airport Board minutes were submitted for review by the City Commission.


MOPEDS, MOTORIZED SCOOTERS AND OTHER VEHICLES

Canton residents were present to further discuss the issue of allowing mopeds and scooters in Canton. Mayor Van Wyhe said that the City Commission wanted residents to be aware of the State laws many types of motorized vehicles. Carol Lease asked for an explanation of the rules. Police Chief Al Warnock was present to explain the State statues on the requirement to have a driver’s license to operate the mopeds, scooters, etc. on the street. Chief Warnock said that insurance, rear lamps, head lamps, and spot lamps are required.

Carol Lease asked if the City could look that before a person can ride one of these vehicles, they must be 14. Chief Warnock said that he has received complaints about kids under 14 riding on the streets and sidewalks. Mayor Van Wyhe said that the City was not making any new rules.

Ron Wolbert asked if the City would allow riding on the sidewalks. Commissioner Baldwin stated that no decision has been made and the City could take the request under consideration. Vince McKenney said that if kids want to ride on the sidewalks, they can walk the vehicle across the street. Carol Lease said that she’d like to see kids be required to have a license and get the necessary training. Commissioner Nelson said that he’s received a couple of complaints. Commissioner Baldwin said that the issue may be addressed in the 2005 State Legislature due to the widespread problems with the motorized scooters. Ron Wolbert asked if the City could provide a parking lot or space for them to ride off the City street. Chief Warnock said the largest problem with the suggestion is the City’s exposure to liability if a person gets hurt. Discussion followed on developing any training for local kids with these motorized scooters.


APPROVAL OF NOTICE TO PROCEED – ASPHALT AND CONCRETE CRUSHING PROJECT

Mr. Amert reported that the City received from DGR, the Notice to Proceed with the upcoming Asphalt and Concrete Crushing project with Weatherton Contracting of Beresford. Motion by Commissioner Bogue, seconded by Commissioner Baldwin to have the Mayor sign the Notice to Proceed with Weatherton Construction. All ayes, motion carried.


7:15 P.M. – CONDITIONAL USE PERMIT HEARING FOR NANCY GOERGAN

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Nancy Goergan for property she has purchased at 500 South West Street in Canton. Mayor Van Wyhe said that Ms. Goergan has requested to raise livestock on her property in accordance with City Ordinances. Commissioner Bogue asked if any was here to speak against the CUP. No one was present to speak against it. Chuck Andresen said that the Planning and Zoning Commission has placed restrictions onto the CUP, including:

1. Keep and raising of livestock shall be for personal use only, with the livestock properly, housed and fenced so not to become a nuisance;

2. No more than 5 large animals on one type (horses, cattle, etc.) at one time, with a maximum of 10 large animals.

3. No more than 50 fowl animals at one time.

Discussion followed on the conditions asserted by Planning and Zoning. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the CUP with the listed conditions set out by Planning and Zoning. All ayes, motion carried.
SET CONDITIONAL USE PERMIT HEARING – HERMAN

Mayor Van Wyhe read a CUP request from Bob and Linda Herman on property they own on South West Street to allow them to have a horse on their property. Finance Officer Amert asked to set the hearing date and time for Monday, August 9th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the hearing date and time for Bob and Linda Herman’s CUP request for Monday, August 9th at 7:15 p.m. All ayes, motion carried.


BUILDING PERMIT APPROVAL – VERIZON WIRELESS

Finance Officer Amert said that the City has received a building permit from Verizon Wireless to place equipment on the City’s water tower for a cell phone repeater station. Mr. Amert asked to have the City Commission conditionally approved the building permit dependent on Planning and Zoning’s review of the building permit on Tuesday, July 20th. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to conditionally approve the building permit for Verizon Wireless on the City’s water tower. All ayes, motion carried. Commissioner Chaon said that Verizon has filed the proper paperwork with the State Aeronautics Board for their equipment on the water tower, so Verizon has been working on this behind the scenes. Discussion followed.


CHRIS CLARK – COMPLAINT ON TAKING DOWN OF 4-WAY STOP

Chris Clark of 210 North Lawler Street, requested the Commission rescind its approval to change the intersection of 3rd and Lawler from a 4-way stop to a 2-way stop. Mr. Clark said that he concern with the amount and the speed of the traffic from both Keystone and from Old Main. Mr. Clark said that many kids live in the area and Mrs. Clark runs a daycare center at their house. Mr. Clark said that at 4th and Lawler with a Yield sign is difficult to see traffic around the retaining wall of Mark Gacke at 935 East Fourth. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to restore the intersection of 3rd and Lawler from 2-way to 4-way. Ayes 4, Nay 1 – motion carried. Ayes – Baldwin, Bogue, Nelson and Van Wyhe; Nay – Chaon. Discussion followed.


ENFORCEMENT OF SPEED LIMITS

Commissioner Chaon said that if there is an issue with speeding traffic in Canton, we’ll need to have the Police enforce the speed limits across the community.

NUISANCE REPORT

Finance Officer Amert reported on the progress of nuisances. Assistant Police Chief Tim Walburg stated that some of the letters regarding the cars towed from Dale Hawe have been returning back to the City for approval to dispose, since Mr. Hawe didn’t clear the titles after purchasing the vehicles. Assistant Police Chief Tim Walburg stated that other vehicles will need to be advertised in the Sioux Valley News to legally make sure the owner is not interested in the property. Discussion followed on the status of the Score building on Fifth Street that was burned last week


QUOTES FOR THE CITY HALL SHINGLING PROJECT

Finance Officer Amert said three quotes were received for the City Hall shingling project. The quotes from last week were as follows:

Heiskell Construction - $19,947.50
James Hofer Roofing - $14,000.00
Reliable Roofing - Rutten Structures Inc. - $15,120.00

A representative from Rutten Structures was present. Discussion followed concerning variables in the work done and possibly lowering the price. Motion by Commissioner Nelson, seconded by Commissioner Baldwin to approve the quote of Reliable Roofing with the approved changes to his quote. Ayes 3, Nay 2 – Motion approved. Ayes – Baldwin, Nelson and Van Wyhe; Nay – Bogue and Chaon. Commissioner Bogue said that he doesn’t think the City handle this very fairly. Discussion followed.


APPOINTMENT TO ADVISORY BOARDS

Finance Officer Amert said that two people have applied to be on the Canton Recreation Board. Mr. Amert said that for the open 4-year position, Susan Irons-Beachler has applied; and for the open 5-year position, Jason Jacobs has applied. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the seats with Mr. Jacobs and Ms. Irons-Beachler.

Finance Officer Amert said that one person has applied to be on the Canton Historical Preservation Board. Mr. Amert said that for one of the open seats, Jana Loken has expressed interest. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to appoint Ms. Loken to the Historical Preservation Board. All ayes, motion carried.


LEADERSHIP PLENTY PROGRAM

Finance Officer Amert said that a request from Canton Community Coordinator Lisa Alden has come to apply for an open place with South East Council of Governments (SECOG) for the Leadership Plenty program for local leaders to receive free training due to a Federal grant to SECOG. Mr. Amert said that SECOG wants to have the support of the City to proceed forward. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve support for Leadership Plenty. All ayes, motion carried.


FIRE DEPARTMENT INSURANCE COVERAGE – OUT OF STATE FIRES

Finance Officer Amert said the City’s insurance company has informed him that if any members of the Canton Fire Department assist with any fires outside of South Dakota, the City will need to pay extra insurance to cover their work for the US Forest Service. Mr. Amert asked if the Commission willing to approve adding the additional coverage. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to authorize the insurance coverage to be in place. All ayes, motion carried.


ROAD BEHIND CANTON-INWOOD HOSPITAL

Commissioner Chaon said the City will be discussing with Lincoln County a proposal from Canton-Inwood Hospital that since Lincoln County will be accepting the Asylum Administrator’s house from the City of Canton, there is a need to place a paved parking area and road behind the Hospital near where the house is to be located. Commissioner Chaon stated that the gravel road base will not be ready for this year’s Lincoln County Achievement Days, but should be ready by next spring. Commissioner Chaon said the City, County and Hospital may work together with a parking area/emergency helicopter landing pad.


PART-TIME NUISANCE OFFICER

Commissioner Bogue said that since Lincoln County is not interested in working with the City of Canton to fund a position to help handle nuisances, shouldn’t the City pursue this on their own. Commissioner Baldwin asked for time to see who the County hires and then have the City offer a part-time position with the City outside of the person’s time from the County. Discussion followed.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Chaon to approve the warrants. All ayes, motion carried.

HIRE PART-TIME POLICE OFFICER

Commissioner Baldwin motioned to hire Dave Hamilton as a part-time, fill-in Police Officer with the City at a pay rate of $10.50 per hour. Commissioner Baldwin explained Mr. Hamilton’s qualifications. Discussion followed on the number of part-time police officers on staff and the ability to use them during the week. Motion seconded by Commissioner Bogue. All ayes, motion carried.


CAR SHOW WEEKEND – FLYING FLAGS

Finance Officer Amert asked if the City was flying flags during Car Show Weekend. The Commission agreed not to fly flags during the Car Show weekend due to issues of theft and property damage.


COMMENTS ON JUNE 28TH MEETING

Planning and Zoning Commission Chair Tom Raymon asked to discuss an issue raised during the June 28th City Commission meeting with Commissioner Bogue’s comments about the handling of letters. Commissioner Raymon said that he has City staff to write letters for the Planning Commission on issues. Commissioner Bogue asked who discovered the violation on the Lems’ property last fall. Mr. Raymon said that he did, but had the work stoppage letter for that violation drawn up by the City Attorney’s office.

Commissioner Bogue asked if this was a practice the City Commission wants the Planning and Zoning Commission to be doing, of does the City Commission want to have enforcement as a part of Planning and Zoning’s job. Discussion followed. Commissioner Bogue said that he’d like to have a copy of any and all letters from Planning and Zoning drawn up by City staff provided to the Commission for their knowledge. Further discussion followed on the process for a CUP, due to questions raised by Howard Beer.


EXECUTIVE SESSION - LEGAL MATTER

Motion moved by Commissioner Baldwin to enter into Executive Session for a legal matter. Motion seconded by Commissioner Bogue. All ayes, motion carried.

Executive session began at 8:01 p.m.
Mayor Van Wyhe ended Executive Session at 8:08 p.m.

CANTON COMMUNITY COORDINATOR AGREEMENT

Mayor Van Wyhe asked if the City was committed to giving the 1997 Police Car to the Community Coordinator. Finance Officer Amert said that to his understanding, the City Commission voted at the time to approve the funds for 2004 and 2005 that you had decided not to make the car available for the position. Commissioner Nelson said that is how he understood the issue. Commissioner Baldwin said the City could consider surplus the car again and taking bids after the Car Show weekend. Discussion followed.


CAR SHOW AGREEMENT

Finance Officer Amert informed the Commission that the Agreement between the City and the Canton Car Show was in front of the Commissioners for its approval. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Agreement. All ayes, motion carried.

Discussion followed on possible “burn out” contests that will be held in Inwood’ Iowa on Saturday night of Cruise Night. Commissioner Baldwin said a Canton fireman had asked to have a “burn out” contest on the north side of the Fire Station on Cruise Night. Commissioner Baldwin said that he saw almost no chance of the City Commission approving the request.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.

Meeting adjourned at 8:14 p.m.


_______________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF CANTON CITY COMMISSION MEETING
JULY 12, 2004


The Canton City Commission met at City Hall on Monday, July 12, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Deputy Finance Officer Karen Leffler recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Chaon, seconded by Commissioner Baldwin to approve the minutes of the July 6, 2004 City Commission meeting as presented. All ayes, motion carried.


LINCOLN COUNTY PLANNING AND ZONING AGENDA

Deputy Finance Officer Leffler presented the Lincoln County Planning and Zoning agenda for their next meeting for the Commissioners to look over.


“NO PARKING” TICKET – JARROD HILL

Jarrod Hill was present to talk about the “No Parking” ticket he received the morning of July 6. He parked on the block marked “No Parking between two and four on Tuesday mornings”. He felt that because there was no street cleaning done that night, it should have been safe to park there. He said he would not mind paying for a ticket if the street had been cleaned. Mr. Hill requested a clarification for the ticket if street sweeping isn’t done. Commissioner Baldwin informed Mr. Hill that the ticket could not be dismissed by this commission. Mr. Hill would have to contest it in court. Mr. Hill wanted to know why the police officers are ticketing on that street when they know there is no sweeping being done. The question was asked about the lack of signs on the other streets involved. Commissioner Baldwin explained that the projects being done around that area has delayed getting the signs back up where needed. Police Chief Warnock explained that the sign guarantees a window of opportunity to sweep the streets. Mr. Hill pointed out that there is a real parking problem in that area. Commissioner Chaon stated that he would check with Mr. Ericksen about the schedule of street sweeping and current operability of the sweeper.


SIOUX VALLEY NEWS – JEANNE LIMOGES

Jeanne Limoges was present to ask the Commissioners if the City would care to have a full page ad in the special section highlighting the community that the Sioux Valley News is putting out just prior to the Car Show on the 25th. They will have extra papers at the Car Show for visitors at the show to read up on the Canton Community. The regular price has been reduced by 75%; $100.00. Mrs. Limoges stated that the paper wanted to give the City first chance at the back page of the section (which is the second page read). Discussion followed. Mrs. Limoges said that if the City was interested, the pictures would need to be taken by Wednesday. Ms. Limoges was to check with Mr. Amert by Wednesday.


GRAND VALLEY CHURCH FUND RAISER – RAMONA MILLER

Ms. Miller was present to ask the Commission for permission to use Jack Fox Park for a fund raiser. Ms. Miller stated that she had already talked to Iris Schultz at the library about possibly using the park and the band shell on July 24th, Cruise Night. Mrs. Schultz informed Ms. Miller that she was not aware of anyone else using the band shell that night. Ms. Miller stated that the Church wanted to use the Park from about 4:00pm to 11:00pm. They would serve a meal and also have Karaoke as entertainment on the band shell. Motion by Commissioner Baldwin, seconded by Commissioner Bogue to allow the Grand Valley Church to use the Jack Fox Park for their fund raiser on July 24th. All ayes, motion carried. Discussion followed about having the bathrooms open during the event.


SCHOOL SIGN ON FIFTH STREET

Mike Pederson was present to discuss the yearly issue on the School Sign and his trees on the corner of Fifth and Bartlett. Mr. Pederson was hoping that something different can be done to prevent the problems that arise at the beginning of the school year concerning the signage and the trees on his property. Mr. Pederson wanted to discuss different locations for the sign concerning that crosswalk. Discussion and suggestions followed. The commission said that the State DOT had control over the signage on Highway 18. The commissioners agreed to have Mr. Amert contact the State about moving the sign or having bright colored signs put up further up the street where they would be unobstructed.


QUOTES FOR THE CITY HALL SHINGLING PROJECT

Ms. Leffler stated that three quotes had been received. Ms. Leffler opened the quotes and read the quotes to the Commissioners.

Heiskell Construction - $19,947.50
James Hofer Roofing - 14,000.00
Reliable Roofing - Rutten Structures Inc. - 15,120.00

A representative from Rutten Structures was present. Discussion followed concerning variables in the work done and possibly lowering the price. Motion by Commissioner Baldwin, seconded by Commissioner Bogue to table the decision on the quotes until next week, allowing time to go over the quotes. All ayes, motion carried.


MOPEDS AND OTHER VEHICLES

Police Chief Al Warnock was present to discuss with the Commission the growing concern over the many kinds of small motorized vehicles on the street and sidewalks driven by young children. Chief Warnock requested direction from the Commission concerning the growing issue of riding on the sidewalks. Chief Warnock read the state statues on the requirement to have a driver’s license to operate the mopeds, scooters, etc. on the street. Insurance, rear lamps, head lamps, and spot lamps are required. Discussion followed. Chief Warnock recommended publicizing rules and regulations concerning these vehicles. Commissioner Bogue suggested a Public Notice in the paper with the rules and regulations that Chief Warnock had just read to them. Discussion followed. It was decided that the ad should be placed as soon as Chief Warnock and Commissioner Baldwin were able to put together information to put in the ad. Commissioner Chaon also thought the City should put the information in the next water billing.


HUDSON MOSQUITO SPRAYING

Ms. Leffler reported that the City of Hudson accepted the proposal of the cost to have the City of Canton spray their town for mosquitoes. The City of Hudson set up a schedule of spraying on Wednesday nights every other week with the understanding that if weather cancels the spray after they have left Canton, the City of Hudson will pay for the time we have put in.


NUISANCE REPORT

Ms. Leffler reported on the progress of nuisances. Ms. Leffler stated that the nuisances are still with Officer Walburg and have not gone to the City Attorney’s office as yet. Discussion followed on the status of the Score building on Fifth Street that was burned last week and other possible problem areas. Discussion ensued on other past dilapidated buildings and what their status is. The Commission requested an update from Mr. Amert next week.


FINAL PAY REQUEST FOR CONCRETE PROJECT

Ms. Leffler reported that the City received from the City Engineering Firm, DGR, the Engineer’s Statement of Completion, the Owner’s Acceptance of Contract Construction, the Certificate of Substantial Completion, the Certificate of Contractor And Indemnity Agreement, and the Final Payment Request for the 2004 Concrete Repair Project. Motion by Commissioner Bogue to have the Mayor sign the Final Pay request to pay Carl Carlson Construction, seconded by Commissioner Baldwin. All ayes, motion carried.


ASYLUM ADMINISTRATOR’S HOUSE

Ms. Leffler read the letter from Lincoln County Auditor Paula Feucht accepting the Asylum Administrator’s house from the City of Canton. Commissioner Nelson stated that the City will cap the sewer and the water. Motion by Commissioner Bogue, second by Commissioner Baldwin to give the house to the County subject to proper filling of the basement according to the ordinance, capping of utilities, and removal of the house by the end of the calendar year. All ayes, motion carried.


CAR SHOW AGREEMENT WITH LUDWIG

Ms. Leffler informed the Commission that Mr. Ludwig has paid the required $200 fee for the Car Show. However, he did not have the contract with him. Commissioner Bogue said the City does need the signed contract because it covers the liability insurance issue. Ms Leffler stated that she would get in contact with Mr. Ludwig about the contract.


CONDITIONAL USE PERMIT ISSUE ON LIVESTOCK WITHIN CITY LIMITS

Ms. Leffler reported that it has been brought to the City’s attention that there are at least two different properties in town that have livestock on them and there has been no Conditional Use Permit requested of them. Vincent McKenney was present to discuss with the Commission the need to apply the rule to all concerned. Discussion followed. The Commission decided to put the issue to the City Attorney to find a way to change the ordinances to allow livestock with a conditional use permit in more zones than A-1 (Agriculture).


NO PARKING AREAS

Commissioner Chaon wanted clarification on the No Parking areas downtown. Chief Warnock verified that vehicles parked on streets marked “No Parking Tuesday Morning 2:00 to 4:00am” will be ticketed. Discussion followed.


NUISANCES

Commissioner Nelson brought up a nuisance that he wanted checked out. The corner of Maple and Grant has bushes that make it hard to see around that corner. Mayor Van Wyhe mentioned the garage on Third and Grant belonging to Ray Kroger has a collapsed roof. Ms. Leffler said that she would check them out and issue letters accordingly.


CELL ONE TOWER

Mayor Van Wyhe reported that Cell One has gotten the tower up. There hasn’t been any further action than that. Ms. Leffler reported that Connie and Dick Bogue were in after last weeks meeting to update the City on the Cell Tower issue. Judge Bogue spoke to the PUC and was told that the Cell One Company has applied for Federal Grant Money that will be issued in August and that some planned tower construction may be put on hold until results are known about the grant money. Judge Bogue also said the PUC would contact Verizon to have them give the City a timeline. Apparently the Cell One tower in Canton was not affected by the Federal Grant issue.


EXECUTIVE SESSION - LEGAL MATTER

Motion by Commissioner Bogue to go into Executive Session on a legal matter, seconded by Commissioner Baldwin. All ayes, motion carried.

Entered into Executive session at 8:26pm.
Mayor Van Wyhe ended Executive Session at 8:33pm.


ADJOURNMENT

Motion by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.


Meeting adjourned at 8:35pm.


_______________________________________
Karen K. Leffler, Deputy Finance Officer


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MINUTES OF CANTON CITY COMMISSION MEETING
July 6, 2004


The Canton City Commission met at City Hall on Monday, July 6, 2004 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jerry Chaon and Jim Nelson. Finance Officer Dan Amert recorded the minutes.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


APPROVAL OF THE MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to approve the minutes of the June 28, 2004 City Commission meeting as presented. All ayes, motion carried.


RICHARD AND CONNIE BOGUE – CELL PHONE SERVICE

Richard and Connie Bogue were present to ask the status of the cell phone service in Canton. Mayor Van Wyhe reported that the foundation of the Cell One tower is completed. Mayor Van Wyhe said that July 1st was a rough estimate date. Mayor Van Wyhe said that all of the paperwork for Verizon is completed on the City’s end. Mr. Bogue asked if the City had put in any timetable to have Verizon start work. Commissioner Baldwin said that no timetable was written into the Agreement and the City has provided all it could to Verizon to expedite this process. Commissioner Bogue said that he is concerned with Verizon dragging its feet on placing the equipment in Canton. Canton Community Coordinator Lisa Alden asked if there is a way to push the process along. Mr. Bogue said that could residents give them some bad publicity or contact the SD PUC. The Commission agreed that contacting the SD PUC might help push this along. Discussion followed.

STOP SIGNS LAYOUT

Mr. and Mrs. Bogue suggested that the City look at how the City of Vermillion, SD laid out its streets for handling traffic. The way was described that at about every two blocks, a vehicle would have to stop, by alternating 2-ways stops along the streets and having the main thoroughfares would have traffic stop for it. Discussion followed. The Commission stated they take the suggestion under advisement.


BANNERS FOR I-29 BILLBOARD

Canton Community Coordinator Lisa Alden approached the Commissioners to allow her to look into having special banners placed near the billboard rented on I-29 by the Canton Area Commerce Association, Canton Economic Development Corporation and the City of Canton. Ms. Alden said the special banners would allow for promotion of special events and activities in Canton. Mayor Van Wyhe asked if the Sign Company would be willing to have the billboard lit. Discussion followed.


TRAFFIC COUNTS

Commissioner Bogue asked if the City could get a hold of some traffic counters from the State DOT office to have the City to conduct traffic counts along and near US 18 (Fifth Street). Commissioner Bogue said he’d like to have traffic counts at 5th and Cedar and east of downtown area. A suggestion to have a traffic count completed on Cedar Street south of 6th Street was also approved.


LIVESTOCK IN THE CITY LIMITS

Finance Officer Amert said that a copy of the section of the Zoning Ordinance affecting the raising of livestock inside the City Limits of Canton was in front of the Commissioners. Mr. Amert said that several members of the Canton Planning and Zoning Commission were present to answer questions and a statement was presented on Ag Zoned property was present by Planning and Zoning Chair Tom Raymon. Mr. Amert said that under the Zoning Ordinance, only under A-1 (Agricultural) and with a Conditional Use Permit would a person be allowed to raise livestock. Discussion followed on allowing houses on A-1 zoned property. Tom Raymon stated that it’s best to limit the amount of A-1 property inside the City Limits. Mayor Van Wyhe said that is one person’s opinion. Chuck Andresen said that during the last revision of the Zoning Ordinance, a key point on not allowing any persons to live on a house in A-1 was changed and reversed by the City Commission, the City Attorney’s office or by City staff. Commissioner Baldwin stated that if someone wants to live on their A-1 property, that is their right to do that.

Commissioner Chaon said the City couldn’t put a person out of business by changing the Zoning Ordinance. Commissioner Chaon stated that cattle have been on the property or Reavis Heiskell Sr. since before the first Planning and Zoning Ordinance passed in 1972, which would grandfather the issue into the City. Commissioner Chaon said that if he sold the property, then the City could require the new owner to stop that use of the property. Discussion followed. Commissioner Bogue said that he had a better understanding of the issue now. Mr. McKenney said that he wanted to be heard on his opinion.


BRIAN SEVERSON – CANTON FIRE DEPARTMENT

Former Fire Chief Brian Severson approached the Commissioners for permission to close Dakota Street from 5th to 4th Street on Saturday, July 24th in the afternoon for the 5th Annual Canton Fire Department’s Water Fight. Mr. Severson said that he estimated that the street would be closed for about 2 hours. Mr. Severson said that 22 letters are sent out, with about 9 departments coming to the event. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the street-closing request. All ayes, motion carried.


BURNING DOWN DILAPIDATED HOUSE

Mr. Severson stated that the Canton Fire Department conducted practice on the house at 406 West Fifth Street earlier in the evening. Mr. Severson said the house would be set to blaze within 1-2 weeks.


MOSQUITO SPRAYING – COST FIGURES

Finance Officer Amert said that after discussing with the City’s supplier for mosquito spraying, the City will be the charging the following rates for work outside of the City’s realm:

Cost for Labor, Benefits and Equipment $50 per hour
Chemicals Cost of Product - $49.20 per gallon.

Mr. Amert said that he is awaiting a response from the City of Hudson and the Hiawatha Golf Course to their pricing.

Mr. Amert explained where the City has potential wetlands with in the City Limits and the costs for the City to set up to larvacide. Mr. Amert said the difference in cost between the pellets and the briquettes is $50 per acre (Pellets) or $500 per acre.

Mr. Amert also received a cost estimate for a pellet sprayer from Van Diest Supply for $612. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize City staff to order the pellet sprayer and pellets. All ayes, motion carried. Discussion followed on how to fund the upcoming purchase.


NUISANCES

Finance Officer Amert reported that civil notices were served on Dale Hawe and Don & Charlene Hawe for the nuisances for their home properties. Mr. Amert said if the Hawes do not contest the notices, the City would have to wait 30 days before clearing the property. Mr. Amert said that if the Hawes do contest the notices, it could take up to three months to go through the court system. Discussion followed on the status of the 34 cars that were towed last.


STOP SIGN STUDY

The Commission further discussed the stop map supplied by Finance Officer Amert on the number and location of Stop signs inside the City Limits of Canton. Finance Officer Amert said that Public Works Superintendent Palmer Ericksen raised a question was taking down the 4-way stop at 4th and Kidder. The Commission agreed to have the stop at 4th and Kidder will be turned into a 2-way stop. The Commission agreed to proceed with beginning to change the aforementioned 4-ways to 2-ways. Discussion followed.


REVIEW OF PERSONNEL MANUAL

Finance Officer Amert presented the latest draft of the proposed Personnel Manual for the City of Canton. Mr. Amert discussed key issues differing from the present 1993 Manual, including Sick Leave, Overtime, Personal Emergency Leave and Outside Employment. Much discussion followed relating to key issues in the draft Manual. The Commission made suggestions to Finance Officer Amert and have the latest draft sent to the City Attorney’s office for their review and comments. The Commission further discussed on handling pay and benefits for the full-time City employees.


TRAVEL REQUEST – ADMINISTRATIVE ASSISTANTS CONFERENCE

Commissioner Bogue motioned to send Deputy Finance Officers Shari O’Connor and Karen Leffler to the Administrative Assistants Conference in Sioux Falls on September 17th. Motion seconded by Commissioner Baldwin. All ayes, motion carried.


SET HEARING DATE – MIKE TIMM

Mayor Van Wyhe read a Conditional Use Permit (CUP) request from Mike and Jodi Timm at 305 Riverview Road. Mayor Van Wyhe said that the Timms want to add on their detached garage. Finance Officer Amert asked to schedule the hearing date and time for the Timms on August 2nd at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to schedule the hearing date and time for the Timms for August 2nd at 7:15 p.m. All ayes, motion carried.


REQUEST FOR PERMISSION FOR ESTIMATES – NEW POOL

Mayor Van Wyhe said that to proceed next with looking at a new Pool facility in Canton, he’d like to get permission to have the City discuss with an Architectural firm and to get some basic cost estimates for a new facility that could be brought back to the City Commission. Mayor Van Wyhe said that he wants to start moving ahead on planning for a new facility. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to grant permission to discuss with an architectural firm and get cost estimates for a new Pool facility. All ayes, motion carried. Commissioner Chaon said that the committee needs to look to see if a year-round facility would be feasible. Mayor Van Wyhe said the issue with a year-round facility is having enough lifeguards to staff the facility properly. Commissioner Chaon encouraged the City to work with the Canton School District and the Canton-Inwood Hospital to see if a multi-use facility is possible. Lisa Alden said that one of her objectives as the Community Coordinator is to have a larger banquet facility/community center in place. Discussion followed.


MOTORIZED SCOOTERS

Commissioner Baldwin said that he would be sitting down with Police Chief Al Warnock to discuss how to handle the increasing problem of young kids and juveniles on motorized scooters in Canton. Commissioner Baldwin said that the Police have been getting complaints with the kids on how they ride the scooters on the sidewalks.


QUOTE – REPLACE STOP LIGHTS AT ELDER AND DAKOTA

Finance Officer Amert said the City received a quote from Muth Electric in Sioux Falls to change out the present stop light at Elder and Dakota with parts left from the stop light at US 18 and Dakota, including re-wiring the lights and installation. Mr. Amert said the price was listed at about $3,900. Mr. Amert said that no money was budgeted in the 2004 Budget for this kind of work. Discussion followed. Commissioner Bogue suggested and the Commission decided to set the quote aside and try to place the money into the 2005 Budget.


SPACE FOR LINCOLN COUNTY

Finance Officer Amert has understood that Lincoln County will take the former Canton Indian Asylum Administrator’s house from the City, move it near the Lincoln County Fairgrounds and convert the house into office space. Commissioner Bogue asked if the County was serious about setting up an office in northern part of Lincoln County. Commissioner Baldwin said that possible office was looked at for 69th and Louise to buy license plates or to pay their taxes. Commissioner Bogue said that he was approached by several residents asking why would Canton residents support that at all. Commissioner Bogue asked for permission to have Finance Officer Amert to draft a letter to the Lincoln County Commissioners to keep all of their offices in the County Seat of Canton and discourage the establishment of satellite offices. The Commission agreed to the request.


MODEL TOWER ORDINANCE

Finance Officer Amert asked if the City Commission wanted to pursue having a Model Tower Ordinance in place in lieu of the recent events with Cell Phone towers being established in Canton. Commissioner Bogue said that he’d like to see this Ordinance in place. The Commission agreed to have the City Attorney’s office draft an Ordinance.


EXECUTIVE SESSION – LEGAL

Motion moved by Commissioner Baldwin, seconded by Commissioner Chaon to enter into Executive Session for a legal matter. All ayes, motion carried.

Executive Session began at 9:27 p.m.
Mayor Van Wyhe ended Executive Session at 9:40 p.m.


PORTABLE SIGNS SET UP IN DOWNTOWN AREA

The Commission discussed the issue of the number of times there are portable signs set up along US Highway 18 near the Lincoln County Courthouse. Deputy Finance Officer Karen Leffler explained the process that a person files a permit request with the City to locate the portable sign. Commissioner Chaon said that he was concerned with how many key parking spots near the Courthouse were being taken up by these portable signs. The Commission agreed to look at the issue after the Canton Car Show.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to adjourn. All ayes, motion carried.


Meeting adjourned at 9:43 pm.


__________________________________
Dan Amert, Municipal Finance Officer


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City of Canton

210 North Dakota Street

Canton, SD., 57013

(605)987-2881

cityofcantonsd@cityofcantonsd.com                                   Canton a great place to live, work and invest

To view 2004 January - June minutes click here

To view 2003 minutes click here