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2003 Minutes

 

May 5, 2003 

August 4, 2003 November 10, 2003

May 12, 2003

August 11, 2003 November 17,2003

May 19, 2003

August 18, 2003

May 27, 2003 

August 25, 2003 December 1, 2003

June 2, 2003

September 2, 2003 December 8, 2003
June 9, 2003   September 8, 2003 December 15, 2003

June 16, 2003

September 15, 2003 December 22, 2003
June 23, 2003 September 22, 2003 December 29, 2003
June 30, 2003 October 06, 2003  
July 07, 2003 October 14, 2003  
July 14, 2003 October 20, 2003  
July 21, 2003 October 27, 2003  
July 28, 2003 November 03, 2003  



MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 29, 2003


The Canton City Commission met at City Hall on Monday, December 29, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the December 22, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the December 2nd Planning and Zoning Commission minutes were in front of the Commissioners for their review.


AIRPORT BOARD REQUEST FOR PROPOSALS – JERRY CHAON

Jerry Chaon of the Canton Airport Board was present to request from the City Commission to set a date for Requests for Proposals for the Canton Airport’s engineering work on the future of the Canton Airport. Mr. Chaon said the Airport Board would be advertising for the requests, sending out letters of request and to print an Affidavit of Publication. Mr. Chaon asked for permission to solicit Requests for Proposals with proposals due by February 17th. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to solicit Requests for Proposals for the Canton Airport Board with proposals due by February 17th. All ayes, motion carried.


DAN KORUS – INTEGRATED TOWER NETWORKS

Dan Korus of Integrated Tower Networks was present to discuss a possible new location for his proposed tower in the Canton area. Mr. Korus said that the site at the City Well #10 near the Industrial Park will not work well for the east side of Canton. Mr. Korus said the City’s property near the Chris Nelson Memorial Campground is the best solution to having the tower in town while providing the coverage his company is searching for. Discussion followed on the site proposed and a time length of a long-term lease. Mr. Korus said that he will work with the City to utilize the City’s campground site for a cell phone site.


MEMORANDUM OF UNDERSTANDING – BIG SIOUX RIVER COUNCIL

Finance Officer Amert asked to delay action for one week to wait for staff from the Big Sioux River Council to meet with the City Commissioners. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table the matter for one week. All ayes, motion carried.


2ND READING OF ORDINANCE 900 – 2003 SUPPLEMENTAL APPROPRIATION

Finance Officer Amert presented Ordinance 900 for 2nd Reading. Mr. Amert explained that certain departments would have supplements for the end of the fiscal year 2003. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve Ordinance 900 on 2nd Reading. All ayes, motion carried.


PROPOSED ORDINANCE #901 – LP GAS TANKS

Planning and Zoning Commission Chairman Tom Raymon asked to delay action on the proposed Ordinance from the Canton Planning and Zoning Commission to assist the City with better handling of the location and placement of Liquid Propane (LP) gas tanks in Canton. Mr. Raymon said there is changes to the Ordinance that need to be completed before approving the Ordinance on Second Reading. Mayor Van Wyhe asked if people can have the LP tanks installed today. Mr. Raymon said a person can have up to a 1,000 gallon tank at their house. Discussion followed. Mayor Van Wyhe said he’d prefer to have people stay on Natural Gas than having a lot of LP tanks around town. Mr. Raymon said there is 1 or 2 already in town. Chuck Andresen of the Planning and Zoning Commission said the Ordinance will also need to address backup gas for commercial and manufacturing facilities along with equipment like forklifts that uses LP gas. Discussion followed.


BROKEN MAIL BOXES

Commissioner Schultz asked if the City had heard further from two persons who lost mail boxes during the last snowfall. Mr. Amert said no one has contacted him about this. Discussion followed.

DRAFT PERSONNEL MANUAL

Commissioner Schultz asked what would be the procedures on handling the proposed Personnel Manual. Finance Officer Amert said that once the Department Heads and their staff have read through the draft Personnel Manual and made their comments or proposed changes, the City Commission will have an opportunity to make comments or changes to the Personnel Manual. Mr. Amert asked the Commissioners to read through the Agreement and to schedule time in 2 weeks to discuss the proposed Manual and the changes in the Manual. Discussion followed.


WARRANTS

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


LETTER FROM GOODWILL

Mayor Van Wyhe read a letter from Goodwill Industries about the giving seen in Canton. Mayor Van Wyhe reported that 40,000 pounds was donated to Goodwill’s causes.


EXECUTIVE SESSION

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to enter into Executive Session relating to Personnel issues. All ayes, motion carried.

Executive Session began at 7:39 p.m.
Mayor Van Wyhe ended Executive Session at 8:36 p.m.


ADJOURNMENT

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

Meeting adjourned at 8:37 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (December 29, 2003)

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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 22, 2003


The Canton City Commission met at City Hall on Monday, December 22, 2003 at 7:00 p.m. with the following members present: Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. Finance Officer Dan Amert recorded the minutes.

Absent: Mayor Pete Van Wyhe


MAYOR PRO TEM

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to appoint Commissioner Bogue as Mayor Pro Tem. 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 Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the December 15, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the December 2nd Planning and Zoning Commission minutes were in front of the Commissioners for their review.


MEMORANDUM OF UNDERSTANDING – BIG SIOUX RIVER COUNCIL

Finance Officer Amert presented more information related to the Big Sioux River Council. Discussion followed on the City’s potential involvement in the project.

REQUEST FOR INFORMATION UNDER RESOLUTION #1078

Commissioner Baldwin said that the Canton Fire Department is submitting information directly to Ms. Lasley relating to her request for financial information under Resolution #1078, a resolution requiring submission of financial statements to the City from organizations that received money or assistance from the City. Commissioner Baldwin said that representatives of the Canton Fire Department and the Canton-Inwood Ambulance Association were unable to attend the meeting. Commissioner Baldwin said that the City will be getting more information within two weeks. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to table discussion or action on the matter for 2 weeks. All ayes, motion carried.


CERTIFICATE OF SUBSTANTIAL COMPLETION – 2003 CANTON UTILITIES PROJECT

Finance Officer Amert presented from City Engineer Myron Adam a Certificate of Substantial Completion from the 2003 Canton Utilities Project. Mr. Amert said that Mr. Adam has verified that most of the work is completed and that is what is the Certificate is substantiated. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to authorize the Mayor Pro Tem to sign the Certificate. All ayes, motion carried.


1ST READING OF ORDINANCE 900 – 2003 SUPPLEMENTAL APPROPRIATION

Finance Officer Amert presented Ordinance 900 for 1st Reading. Mr. Amert explained that certain departments would have supplements for the end of the fiscal year 2003. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve Ordinance 900 on 1st Reading. All ayes, motion carried.


PROPOSED ORDINANCE – LP GAS TANKS

Planning and Zoning Commission Secretary Chuck Andresen presented a proposed Ordinance from the Canton Planning and Zoning Commission to assist the City with better handling of the location and placement of Liquid Propane (LP) gas tanks in Canton. Mr. Andresen addressed the issues concerning the Planning and Zoning if a large number of people would install LP gas service to their houses rather than Natural Gas available. Commissioner Baldwin asked if the issue of larger tanks for use in construction sites is allowed. Mr. Andresen said the intent was to allow those conditionally and not on a permanent basis. Mr. Andresen said the base Ordinance used is similar to the City of Sioux Falls with slight modifications. Discussion followed. Mayor Pro Tem Bogue asked what other communities in South Dakota do who have both LP and Natural Gas Service. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve proposed Ordinance 901 on 1st reading. All ayes, motion carried.

PROVIDER AGREEMENT – CITY AND SIOUX EMPIRE RED CROSS

Finance Officer Amert presented a standard Provider Agreement between the City and the Sioux Empire Red Cross which allows the City to offer Red Cross Swimming Lessons. Mr. Amert said the Agreement between the City and the Red Cross had lapsed due to an error at the Red Cross office. Mr. Amert asked the City Commission to approve the Provider Agreement. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to authorize the Mayor Pro Tem to approve the Provider Agreement for the City of Canton, South Dakota. All ayes, motion carried.


DRAFT PERSONNEL MANUAL

Finance Officer Amert presented a Draft replacement to the City’s Personnel Manual. Mr. Amert asked the Commissioners to read through the Agreement and to schedule time in 2 weeks to discuss the proposed Manual and the changes in the Manual. Discussion followed.


CELL PHONE SERVICE UPDATE

Finance Officer Amert reported to the Commission on his conversations with Dan Korus of Integrated Tower Networks related to his work to locate a tower in Canton. Mr. Amert said that he has looked at the area near Toft’s Trailer Court and at Ken Cressman’s property. Mr. Amert said that Mr. Korus will continue to work to find a site that will work. Mayor Pro Tem Bogue said that he’d like to see if an alternative to the City’s Water Tower can be found for leasing space, even if the space is on City property. Discussion followed on potential sites on City property for a location of a cell phone tower. Mr. Amert said the City has received a draft agreement to lease space at the Water Tower and has sent a copy onto the City Attorney to review.


7:15 P.M. – VARIANCE HEARING FOR BARB ROZEBOOM

Mayor Van Wyhe said this was the time and place for the variance hearing for Barb Rozeboom at 803 South Bartlett. Mr. Amert said the variance is for the height of the fence on the secondary front for a dog kennel. Mayor Pro Tem Bogue said the Planning and Zoning Commission approved the variance request. Commissioner Baldwin asked if anyone was present to speak against the variance request. No one was present to speak against the variance request. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve the variance request. All ayes, motion carried.


MAIL BOXES HIT

Commissioner Schultz said during the last snow plowing a couple of mail boxes were hit by the plows. Commissioner Schultz is looking to see if the City was at fault or if the boxes were improperly placed with the post office regulations.


WARRANTS

Mayor Pro Tem Bogue entertained a motion to approve the warrants. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve the warrants. All ayes, motion carried.


PAY RAISE REQUEST – MATT SCHLEUTER

Commissioner Baldwin read a letter of request from Police Chief Al Warnock to increase the pay for Police Officer Matt Schleuter by $50 per month. Commissioner Baldwin read the request from Chief Warnock relating to his training and class work taken by Officer Schleuter. Commissioner Baldwin said that Officer Schleuter has personally requested a $150 per month raise. Commissioner Baldwin stated that he did not see the recent raises given to Officers Miller and Walburg as having attended 2, 40-hour classes, whereas Officer Schleuter includes 2, 16 hour classes. Commissioner Baldwin said that he doesn’t see the request falling into the same guidelines used by the City when it approved the raises to Officer Miller and Walburg. Mayor Pro Tem Bogue said that he trusts that what the Police Chief would approve for a raise would be good for the City. Discussion followed. Mayor Pro Tem Bogue entertained a motion to deny the request. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to deny the pay raise for Officer Schleuter. All ayes, motion carried.


NUISANCE ISSUE

Police Officer Tim Walburg was present to discuss the problem with Matthew Bakker having a race car vehicle parked at the back of his property and has not complied with the written orders of the City Attorney’s office. The Commission directed the City Police to have the matter taken care of, including towing the vehicle from the property to the City Impound Yard. Discussion followed on vehicles in the City’s Impound Yard.


RE-SET BID DATE – 1997 POLICE CAR

Commissioner Baldwin asked to re-set a bid opening date for the 1997 Police Car. The City had declared the car surplused and accepted bid in September 2003, but rejected the bids due to the fact no bidder bid the minimum price of $3,000. Commissioner Baldwin suggested setting the minimum bid to $2,000. The Commission agreed with the request. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to re-set the bid opening date for January 20th at 7:10 p.m. All ayes, motion carried.


ADJOURNMENT

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

Meeting adjourned at 7:30 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (December 22, 2003)

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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 15, 2003


The Canton City Commission met at City Hall on Monday, December 15, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the December 8, 2003 City Commission meeting as presented. All ayes, motion carried.


ASYLUM ADMINISTRATOR’S HOUSE AT CANTON-INWOOD HOSPITAL GROUNDS – ERIC HILMOE

Eric Hilmoe, administrator at the Canton-Inwood Memorial Hospital, said that John Schutte and he were here to talk further about the issue of the administrator’s house from the former Canton Indian Asylum. Mr. Hilmoe said the Hospital is willing to show the house as it is today and there is no further plan by the Hospital to use the house. Mr. Hilmoe said the Hospital does not want to see the house demolish it, but the Hospital does want to see it removed from the property. Mr. Hilmoe said that he was interested in the results of the survey in the City’s water bills and the public comments made. Mr. Hilmoe said the house has important historical aspects to the area’s history. Mr. Hilmoe said the likely location for future expansion is to the west of the facility, but no expansions are planned at this time. Mr. Hilmoe said the City has the say in what to do with the house, but the Hospital does not wish or expect to foot any of the costs to restore the house if used for historical purposes. Commissioner Bogue asked if the house is moved from its place, does it lose its historical value. Marie Beitzel said to her knowledge, the value is still not lost. Commissioner Nelson asked if the house was being kept heated. Mr. Hilmoe said the house is being heated at a minimal level. Mr. Hilmoe said to the Hospital, the house should be moved. Commissioner Bogue said in his opinion, the best answer is to move the house to a place where it can be enjoyed for historical integrity.

Commissioner Schultz asked who will pay for the cost to move and restore the house. Mr. Schutte said the house is need of money to be spent to restore it. Discussion followed. Commissioner Bogue said that he senses there would be enough energy to keep the house for public display. Commissioner Nelson said that he’d like to see the City contact a mover to get a base line cost to move the house, contact the State Historical Society to get the details on what could or couldn’t be done to the house to apply the house to be on the State or National Register of Historical Places. Mayor Van Wyhe asked if anyone from the local historical society has come forward about saving the house. Mr. Amert said that nobody has come forward at this time. Commissioner Nelson said the City should investigate to see if any grants are available to help restore the house. Commissioner Nelson said that he wants to have the City Commission look at this issue long and hard before making any type of final decision. Further discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to have Finance Officer Amert investigates the issues surrounding the issues of the potential house moving. All ayes, motion carried.


2003 HIGHWAY PROJECT UPDATE

Mr. Hilmoe publicly thanked the entire City, especially the City Public Works staff, for all of their effort and work with the Canton-Inwood Hospital during last summer’s State Highway project.


CELL PHONE SERVICE

Mr. Hilmoe said that he’s also like to thank the City Commission for working to improve the cellular phone service in Canton to assist the health care needs in Canton.


BUILDING PERMIT SCHEDULE

Tom Raymon of the Canton Planning and Zoning Commission presented the new listing for the City’s Building Permit schedule. Mr. Raymon said the new schedule includes new administrative fines. Mr. Raymon said the City Attorney’s office has been reviewed the proposed fee schedule and has approved the schedule. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the new Building Permit fee schedule. All ayes, motion carried.

PROPOSED ORDINANCE – LP GAS TANKS

Mr. Raymon presented a proposed Ordinance from the Canton Planning and Zoning Commission to assist the City with better handling of the location and placement of LP gas tanks in Canton. Mayor Van Wyhe asked to schedule discussion of the proposed Ordinance for the December 22nd meeting.


REQUEST FOR INFORMATION UNDER RESOLUTION #1078

Mr. Amert said Sharon Lasley has submitted a letter to the City Commission relating to her request for financial information under Resolution #1078, a resolution requiring submission of financial statements to the City from organizations that received money or assistance from the City. Commissioner Baldwin said that representatives of the Canton Fire Department and the Canton-Inwood Ambulance Association were unable to attend the meeting. Commissioner Baldwin said that the Fire Department will be sending financial information to Ms. Lasley later this week. Commissioner Bogue said the Ambulance Association has been forthcoming with the information about its finances. Commissioner Baldwin said that the City will be getting more information by next week’s meeting.


SCHEDULE RE-ZONE REQUEST – KEYSTONE TREATMENT CENTER

Finance Officer Amert presented a Re-Zone request from Keystone Treatment Center to re-zone their properties near their facilities from R-2 to R-3. Mr. Amert explained that during the updating of the Zoning Ordinance, the City inadvertently placed facilities like Keystone into R-3 whereas they were before listed as R-2. Mr. Amert said the error was discovered at the time the new building permit was filed with the City for Keystone’s expansion. Discussion followed. Mr. Amert asked to schedule the Re-Zone hearing for January 5th at 7:20 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to schedule the Re-Zone request from Keystone Treatment Center to re-zone their properties near their facilities from R-2 to R-3 for Monday, January 5th at 7:20 p.m. All ayes, motion carried.


COMPLAINT – EMILY DYKSTRA

Commissioner Baldwin reported that the City received a complaint in the way ticketing and towing of vehicles was handled last week during the snow plowing. Commissioner Baldwin explained the issues with the citation issued to Ms. Dykstra and her assertions to the ticketing. Commissioner Baldwin said that no ticket will be torn up and that Ms. Dykstra can argue her case with the Judge in Court. Commissioner Baldwin said that he can’t make all of the people happy all of the time. Commissioner Baldwin said that in the last snow removal, the City ticketed 12 vehicles and towed 6 away.

SET 2004 FUEL BIDS

Finance Officer Amert asked to set a bid opening for Fuel Bids for the 2004 Fiscal Year for Monday, January 5th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to set a bid opening for Fuel Bids for the 2004 Fiscal Year for Monday, January 5th at 7:15 p.m. All ayes, motion carried.


REQUEST FOR 4-WAY STOP LIGHT OR A 4-WAY STOP SIGNS

Mr. Amert said a request to the City from Lynda Johnson was to look into having the intersection of Elder and Dakota Street become a 4-Way Stop Light or a 4-Way Stop Signs. Mayor Van Wyhe said he knows that is a problem at that intersection. Commissioner Baldwin said that he can’t see having a 4-Way Stop placed on an arterial street and impede traffic flow. Commissioner Baldwin said the request is not a real option. Discussion followed on the traffic flow of the buses to and from Canton High School to US 18. Mayor Van Wyhe asked the City staff to look into having a sensor or tripper installed into the street to better activate the present light at the intersection.


DECLARATION OF HOLIDAY

Mr. Amert presented that Lincoln County has declared December 26th as a holiday, before a decision has been rendered from the State of South Dakota. Mr. Amert said the City employees would appreciate the 26th as a City Holiday. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to follow the County and to approve City staff having the 26th as a City Holiday. All ayes, motion carried.


LEASE AGREEMENT – CITY AND CANTON-INWOOD HOSPITAL

Mr. Amert said the City is working with Canton-Inwood Hospital to formalize an Agreement for the Hospital to rent space at the Canton Fire and Ambulance Station. Mr. Amert said that both parties hope to have an Agreement in place before the end of 2003.


WARRANTS

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


CELL PHONE SERVICE

Chuck Andresen asked if the City was still proceeding forward with renting the water tower out to Verizon. Mr. Amert said that last week’s motion was to allow Verizon the Right-of-Entry to conduct tests at the site. Mr. Amert said that he was expecting the proposed Lease Agreement before the end of the year for the City to review. Commissioner Bogue said that he’d like to see a cell phone tower done privately first, then the Water Tower as a last resort. Commissioner Nelson said that how will the City respond to other services looking to rent space at the Water Tower. Commissioner Baldwin said there is a way for the City to win. Commissioner Nelson said there are other areas near Jim Toft’s property that would also work. Commissioner Baldwin said the City is addressing the need to improve the cell phone service. Discussion followed on the issues related to cell phone service.


EXECUTIVE SESSION

Finance Officer Amert requested to enter into Executive Session to discuss Contract Negotiations. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to enter into Executive Session to discuss Contract Negotiations. All ayes, motion carried.

Executive Session began at 8:04 p.m.
Mayor Van Wyhe ended Executive Session at 8:17 p.m.


ADJOURNMENT

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

Meeting adjourned at 8:18 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (December 15, 2003)

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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 8, 2003


The Canton City Commission met at City Hall on Monday, December 8, 2003 at 6:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Gary Schultz. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jim Nelson


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

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


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the minutes of the December 1, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the November 18, 2003 Canton Planning and Zoning Commission minutes were in front of the Commissioners for their review.


CIVICS CLASS IN ATTENDANCE

Members of the Canton High School Civics Class were in attendance at the meeting. Mayor Van Wyhe and the Commissioners welcomed the students to the class. Commissioner Bogue said the future was in front of them.


CELL PHONE SERVICE – REPORT ON MEETING

Finance Officer Amert reported on the meeting between City staff and representatives of Verizon Wireless at the City Water Tower last Thursday morning. Mayor Van Wyhe and Commissioner Baldwin said that Verizon answered their questions as to the site, the equipment needed and the building location. Mr. Amert said that he has also been in contact with the SD Public Utilities Commission about speeding up the process to have Verizon commit to installing the equipment in Canton. Mr. Amert said the next step in the process between the City and Verizon is for the City to sign a Right of Entry permit for Verizon to look over the site and make tests of the facility while reviewing the Water Tower if is a useful site for Verizon. Mr. Amert said that Verizon has assured that the City will be involved in all steps of the process and that City staff will be there every time that Verizon is at the Tower. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to authorize the Mayor to sign the Right of Entry permit for Verizon. All ayes, motion carried. Commissioner Baldwin said that he received a positive image from Verizon and they explained their needs very well to him and well thought out. Commissioner Baldwin said that security for the proposed building should not be a problem and is not in a highly used area of the park from the City’s standpoint. Mayor Van Wyhe said the estimated time for the equipment to be installed is late spring – early summer of 2004. Commissioner Bogue warned the City about not letting other firms from using the City Water Tower, but would like to see the private tower go forward as well. Discussion followed on the location of a private tower in Canton.


BIG SIOUX CORRIDOR – MEMORANDUM OF UNDERSTANDING

Finance Officer Amert asked the Commission to review the Memorandum of Understanding for the Big Sioux River Corridor Council and that a representative of the Big Sioux Corridor Council will be at the next City Commission meetings to explain the program.


CANTON-INWOOD HOSPITAL REPRESENTATIVES – ASYLUM HOUSE

Mr. Amert said that Eric Hilmoe and representatives of the Canton-Inwood Hospital Board will be present at the December 15th meeting to discuss the issue of the Asylum Administrator house on the Hospital grounds and the future of the house.


BUILDING PERMIT SCHEDULE

Mr. Amert said that the Canton Planning and Zoning Commission have proposed a new Building Permit schedule which includes new administrative fines. Discussion followed. Mr. Amert asked the Commission to review the proposal and that he would have representatives from Planning and Zoning here on December 15th to discuss the proposed changes.


REQUEST FOR INFORMATION UNDER RESOLUTION #1078

Mr. Amert said a local resident, Sharon Lasley, has requested copies of the information the City has asked for under Resolution #1078, a resolution requiring submission of financial statements to the City from organizations that received money or assistance from the City. Mr. Amert said that Ms. Lasley has requested the financial statements from the Canton Fire Department and the Canton-Inwood Ambulance Association. Mr. Amert said that in Ms. Lasley’s opinion, they are not sufficient statements. Mr. Amert said the groups have submitted Income Statements, but have not submitted a Balance Sheet, which include the group’s cash balances in their accounts. Mr. Amert said this point has been a particular sticking point with the Canton Fire Department and Ms. Lasley has raised the question to the City. Commissioner Baldwin said that he’d like to have the representatives of the Ambulance Association and the Fire Department meet with the City to further discuss the issue. Mayor Van Wyhe also asked to invite Ms. Lasley to the meeting to confront the City on this issue. Commissioner Bogue said he’s like to discuss this issue further.


AWARD LETTER

Mr. Amert said that Upper Plains Contracting will be receiving an award from the SD Association of General Contractors for their work on the 2003 US Highway 18 project in Canton. Mr. Amert thanked Commissioner Bogue for his work on a recommendation letter for Upper Plains.


RUBBLE SITE WINTER HOURS

Commissioner Schultz said the City has switch the Rubble Site hours to Winter hours (Tuesday and Saturday from 8 a.m. to 5 p.m.) effective December 8th.


HIRE – SNOW REMOVAL

Motion moved by Commissioner Schultz, seconded by Commissioner Bogue to hire Kelly Eilers as a part-time worker for snow removal with the City at the pay rate of $8.50 per hour. All ayes, motion carried.


WARRANTS

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


DEVELOPMENT CORPORATION HELP WITH BEHR SALE

Commissioner Bogue said that he has been receiving comments from local business people that if the Canton Development Corporation is assisting in the sale of the Behr plant to Adams Thermal Systems (ATS), why ATS can’t be willing to enter into the City limits of Canton. Commissioner Bogue said the City realizes there is a sales tax issue involved with Behr/ATS, but he’d like to see the issue considered during this time or in the near future.

HIAWATHA DRIVE – SNOW CLEARING

Commissioner Bogue said that he received a complaint from Canton-Inwood Hospital that the new Hiawatha Drive was not cleared on December 7th during the snow fall and caused problems with the driving lanes freezing up due to slushy conditions.


PROJECT LIGHTS

Mayor Van Wyhe said that most of the lights in the project area are now on, including the lights to the Canton-Inwood Hospital. Commissioner Bogue said he received comments about the Christmas decorations downtown and the issue with turning them more towards the street side. Discussion followed. Commissioner Bogue said a Truck/Wreath study may need to be conducted before next year.


THANK YOU

Mayor Van Wyhe wanted to publicly thank the Canton Band for their work and fundraising to obtain 2 defibrillators for the Canton Schools. Mayor Van Wyhe said that this was a very good community service project.


ADJOURNMENT

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

Meeting adjourned at 6:25 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (December 8, 2003)

GENERAL FUND: Dan Amert, 125.50, mileage and meals expenses; Aramark Uniform Services, 67.22, uniform services and towel maintenance; Campbell Supply, 116.03, Shop supplies; Canton Fire Department, 4000.00, 2003 fire credits; City of Canton, South Dakota, 73.77, water/sewer bills; City of Canton – VISA Debit Account, 63.63, postage and meal expenses; D-P Tools, 11.00, shop tools; Dan Amert-Cash Items, 24.06, other expenses and postage; Davis Typewriter Co., 81.19, copier maintenance; Eastern Farmers Cooperative, 38.64, dog food; Grainger, 98.34, shop parts and blades; Hydraulic World, 82.50, new jack for Shop; Jerry’s Appliance Service, 79.50, Freon removal at Rubble Site; Johnson Feed, Inc., 362.50, quick melt for City buildings; Kruse Building Center, 376.50, wood supplies for Shop; Lawson Products, 257.46, shop supplies; Karen Leffler, 17.40, mileage to election workshop; Linweld, 28.13, tank rentals; Lyle Signs, 40.32, signs for Hiawatha Drive; Mac’s, 38.80, shop supplies; NSP, 1107.24, electricity; Office Max, 254.49, office supplies; Pfeifer Implement Co., 344.67, parts for Parks tractor; Prairie Communications, 805.00, radio repairs and new PA system for Pool; Prairie Wave Communications, 537.20, telephone and internet services; Pump N Pak, 58.83, gasoline purchases; RDO Equipment, 583.43, repairs to loader and tire chains; Ron’s Motor and Radiator, 158.70, repairs and new leaf blower; SD Federal Property Agency, 523.49, supplies and new stands for Pool; SD State Treasurer, 31.59, sales tax payment; Sioux Falls Ford, 253.53, repairs to #5 truck; Sioux Valley News, 750.09, publishing; Van’s Rubbish Removal, 102.0, garbage service; Zabel Steel Company, 738.00, steel shelving for Shop.


LIQUOR FUND: Beal Distributing Co., 19931.65, beer purchases; Canton Food Center, 165.55, food supplies; Carlson Distributing Co., 5676.45, beer purchases; City of Canton, South Dakota, 56.06, water/sewer bill; Coca-Cola Bottling, 162.80, pop and pre-mix supplies; Culligan, 19.08, water conditioning; Dakota Beverage, 4753.90, beer purchases; Dakota Filter Services, LLC, 18.56, filter maintenance for street sweeper; Dakota Tom’s, 18.22, food supplies; Dan Amert-Cash Items, 3.00, postage; Terrin Handel, 100.00, entertainment fee; Johnson Brothers Famous Brands, 3284.37, liquor and malt beverage purchases; Steve Knorr, 250.00, entertainment fees; Kraft Pizza Co., 61.65, food supplies; Maxwell Food Equipment, 64.15, bar glasses; Queen City Wholesale, 205.52, cigarettes and food supplies; Russ Miller-Cash Items, 104.34, food supplies and labor work; SD Federal Property Agency, 10.50, supplies; SD State Treasurer, 704.10, sales tax payment; Sioux Valley News, 54.78, publishing; Sodak Distributing, 2730.17, liquor and malt beverage purchases; Spotlight Entertainment, 275.00, karaoke fees; Van’s Rubbish Removal, 35.00, garbage service.


WATER FUND: Aramark Uniform Services, 20.91, uniform services; Campbell Supply, 58.01, Shop supplies; D-P Tools, 5.50, shop tools; Dan Amert-Cash Items, 9.31, other expenses and postage; Davis Typewriter Co., 40.59, copier maintenance; Grainger, 49.17, shop parts and blades; Hawkins Water Treatment, 1160.99, chlorine and chemicals; Hydraulic World, 41.25, new jack for Shop; Kruse Building Center, 2.25, wood supplies for Shop; Lawson Products, 128.73, shop supplies; Linweld, 14.06, tank rentals; Mac’s, 19.39, shop supplies; NSP, 860.87, electricity; RDO Equipment, 22.25, repairs to loader; SD Federal Property Agency, 56.63, supplies; Sioux Falls Ford, 84.50, repairs to #5 truck; Van’s Rubbish Removal, 5.00, garbage service; Zabel Steel Company, 246.00, steel shelving for Shop.


SEWER FUND: Aramark Uniform Services, 20.91, uniform services; Campbell Supply, 58.01, Shop supplies; D-P Tools, 5.50, shop tools; Dan Amert-Cash Items, 9.29, other expenses and postage; Davis Typewriter Co., 40.60, copier maintenance; Grainger, 49.17, shop parts and blades; Hydraulic World, 41.25, new jack for Shop; Kruse Building Center, 2.25, wood supplies for Shop; Lawson Products, 128.73, shop supplies; Linweld, 14.06, tank rentals; Mac’s, 19.39, shop supplies; NSP, 51.66, electricity; RDO Equipment, 22.25, repairs to loader; SD Federal Property Agency, 56.63, supplies; Sioux Falls Ford, 84.50, repairs to #5 truck; Van’s Rubbish Removal, 5.00, garbage service; Zabel Steel Company, 246.00, steel shelving for Shop.


AIRPORT FUND: City of Canton, South Dakota, 14.00, water bill; Libra Air, 1125.00, manager’s fees.


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MINUTES OF CANTON CITY COMMISSION MEETING
DECEMBER 1, 2003


The Canton City Commission met at City Hall on Monday, December 1, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the November 24, 2003 City Commission meeting as presented. All ayes, motion carried.


CHUCK MOLSTAD – DEPOT PROJECT UPDATE

Chuck Molstad reported to the Commission about the upcoming work to be completed at the Canton Depot, since the City was recently approved for a $134,000 Housing and Urban Development Grant. Mr. Molstad explained the work by the Depot Foundation to have a $20,000 grant they received from the Daughters of the American Revolution for the elevator to be installed at the facility. Mr. Molstad said that John Van Der Wahl has donated his time and expertise to the Depot for the engineering plans to install the elevator. Mr. Molstad said that the Depot Foundation is ready to set a bid opening for the elevator part of the project, but asked to set the bid opening date to after January 1st to help with getting final plans in place. Finance Officer Amert asked to set the bid opening date for the elevator portion of the Depot project for Tuesday, January 20th at 7:15 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to set the bid opening date for the elevator portion of the Depot project for Tuesday, January 20th at 7:15 p.m. All ayes, motion carried. Mr. Molstad said that much work will be moving forward at the Depot this winter and spring. Mayor Van Wyhe thanked Mr. Molstad for being in attendance and updating the City Commission.
CELL PHONE SERVICE – UPCOMING MEETING

Finance Officer Amert said that the City received a letter from Brad and Christal Diezenbach at 423 North Bartlett expressing their opposition to a proposed tower from Integrated Tower Systems at Ken Cressman’s property at 503 North Bartlett. Mr. Amert said that representatives of Verizon Wireless will be at the City Water Tower on Thursday morning to meet with the City and discuss the location of the equipment and the building proposed for the site. Mayor Van Wyhe and Commissioner Baldwin said they would be able to attend the meeting. Mr. Amert said that other property owners have come forward to ask to locate the tower on their property. Commissioner Baldwin asked if the City would allow a tower to be located in A-1 zoning district. Chuck Andresen said that he sees the only place where communications towers could go. Mr. Andresen said that he is concerned about considering a telecommunications tower a utility under the City Zoning Ordinance. Discussion followed. Sonny Hagseth provided comment on the usefulness of the City to improve cell phone service. Commissioner Nelson said that he’s prefer to not have any parties on the water tower, because he was concerned with the potential extra costs for more equipment to support the cell phone equipment at the top of the tower. Discussion followed. Mayor Van Wyhe said he’s like to see other options to improve the service and make the Water Tower a last resort. Commissioner Baldwin said that the size of the proposed building from Verizon is a big building. Further discussion followed.


RESCHEDULE CITY COMMISSION MEETING

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to reschedule the December 8, 2003 City Commission meeting from 7:00 p.m. to 6:00 p.m. due to the Canton Optimist Club Christmas Parade. All ayes, motion carried.


BIG SIOUX COORIDOR – MEMORANDUM OF UNDERSTANDING

Finance Officer Amert presented a Memorandum of Understanding for the City to become more involved with the Big Sioux River Corridor Council. Mr. Amert asked the Commission to review the Memorandum and to see if a representative of the Big Sioux Corridor can make one of the next City Commission meetings to explain the program. Discussion followed.


SET VARIANCE HEARING – ROZEBOOM

Mayor Van Wyhe read a variance request from Barb Rozeboom at 803 South Bartlett for a dog fence with a height higher that allowed on the secondary frontage without a variance. Mr. Amert asked to set the variance hearing for Barb Rozeboom for December 22nd at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to set the variance hearing for Barb Rozeboom for December 22nd at 7:15 p.m. All ayes, motion carried.

COMMENT PERIOD – HOUSE AT CANTON-INWOOD MEMORIAL HOSPITAL

Finance Officer Amert presented an initial report on the results of the public’s comments on what to do with the house at the Canton-Inwood Hospital that is the former home of the Administrator to the Canton Indian Asylum. Mr. Amert said the comments are varied from the public, so he asked the Commissioners to review the report. Mr. Amert said that Eric Hilmoe from the Canton-Inwood Hospital would be meeting with the City Commission at the December 15th meeting. Discussion followed.


2003 STATE HIGHWAY PROJECT - CHRISTMAS LIGHTS

The Commissioners commented very favorably to the new Christmas decorations installed with the new historical lights in the downtown area. Commissioner Schultz stated that the subcontractor has promised the lights from Dakota Street east will be functioning by Wednesday the 3rd.


WARRANTS

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


CELL PHONE – INTERFERENCE

Commissioner Nelson asked if there would a problem with harmful interference at the Canton Water Tower if Verizon installs their service. Sonny Hagseth said there should not be a problem due to all communications going toward digital. Mr. Hagseth said that Ham Radio operators work on a different type of frequency than cell phones due. Commissioner Bogue said that Ham Radio operators are willing to provide filters to their neighbors about their interference. Discussion followed on the future of cell phone service in Canton.


NUISANCES UPDATE

Finance Officer Amert said that he is seeing activity at both 902 and 906 West Fifth related to the issued nuisances. Discussion followed. Discussion followed on 415 West Fifth Street and the house at 603 South Cedar.


ADJOURNMENT

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

Meeting adjourned at 7:27 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

WARRANTS: (December 1, 2003)

GENERAL FUND: 3-D Specialties, 1155.31, telspar sign posts; AFLAC, 12.50, Section 125 fees; American Salvage and Surplus, 18.00, shop supplies; Aramark Uniform Services, 110.10, uniform services and towel maintenance; Bid-Well, 29.00, fittings and plugs; Cellular One, 120.28, cellular phone service; DGR, 212.52, engineering fees; Dakota Fluid Power, 90.44, new jack for Shop; G & H Distributing, 8.46, shop supplies; Heinemann Restoration, 200.00, caulking work at Swimming Pool in 2003; Hillyard, 10.83, parts for Shop; Hoogendoorn Construction, 657.00, work at gravel pit; Jerry’s Appliance Service, 129.50, Freon removal for Rubble Site; Justice Fire and Safety, 205.50, recharge fire extinguishers and City training fee; Midwest Fire, 271.72, maintenance on fire trucks; Mobile Electronic Service, 80.00, lapel mics for Police; NSP, 1044.69, electricity; Overhead Door Co. – Sioux Falls, 138.67, repairs to door at City Hall; Quality Office Products, 21.90, office supplies; Qwest, 46.87, telephone service; RDO Equipment, 61.00, parts for #28 skid steer; RR #1 Services, 65.00, mat and mop maintenance; Recreation Supply Co., 6392.37, new cleaner for Pool; Matt Schleuter, 104.31, uniform allowance and caught dog; Sioux Falls Two Way Radio, 60.24, radio repairs for Fire Department; Stan Houston Equipment, 36.37, tarps for Shop.


STATE REVOLVING FUND LOAN PROJECT FUND: Contect Construction Products, 514.25, pipe for SRF project; DGR, 1819.45, engineering fees.


LIQUOR FUND: AFLAC, 3.13, Section 125 fees; Aramark Uniform Services, 55.09, towel maintenance; Russ’ Pest Control, 24.00, pest maintenance; RR #1 Services, 73.50, mat and mop maintenance; SD State Treasurer, 12.99, late payment on sales tax.


WATER FUND: AFLAC, 4.69, Section 125 fees; Salvage and Surplus, 8.99, shop supplies; Aramark Uniform Services, 40.64, uniform services; Bid-Well, 14.50, fittings and plugs; Cellular One, 13.67, cellular phone service; DGR, 212.52, engineering fees; Dakota Fluid Power, 45.22, new jack for Shop; G & H Distributing, 4.22, shop supplies; Hillyard, 5.41, parts for Shop; Hoogendoorn Construction, 219.00, work at gravel pit; Kip’s Plumbing, 1015.41, new furnace to Water Plant; NSP, 1713.07, electricity; Quality Office Products, 19.42, office supplies; Stan Houston Equipment, 18.19, tarps for Shop.


SEWER FUND: AFLAC, 4.68, Section 125 fees; Salvage and Surplus, 8.99, shop supplies; Aramark Uniform Services, 40.64, uniform services; Bid-Well, 14.50, fittings and plugs; Cellular One, 13.67, cellular phone service; DGR, 212.52, engineering fees; Dakota Fluid Power, 45.22, new jack for Shop; G & H Distributing, 4.22, shop supplies; Hillyard, 5.41, parts for Shop; Hoogendoorn Construction, 219.00, work at gravel pit; NSP, 554.55, electricity; Pond Doctor, Inc., 14950.00, reconditioned pond doctor for lagoon cell #1A; Quality Office Products, 19.42, office supplies; Qwest, 44.02, telephone service; SD Department of Health, 264.00, lab testing fees; Servonics Instrumentation, 806.00, new rustrak for lagoons; Sioux Pipe and Equipment, 1346.33, manhole covers; Stan Houston Equipment, 18.19, tarps for Shop.


AIRPORT FUND: NSP, 69.89, electricity.


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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 24, 2003


The Canton City Commission met at City Hall on Monday, November 24, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the November 17, 2003 City Commission meeting as presented. All ayes, motion carried.

Commissioner Schultz informed Reporter Marie Beitzel about the error made in the Sioux Valley News story on last week’s meeting. Commissioner Schultz wanted to have clarification on the story in that the second on Commissioner Nelson’s motion on the pay raises was made by Commissioner Bogue rather than himself.

Ms. Leffler presented the October 7th, 2003 Canton Planning and Zoning Commission meeting for the Commission to review.


INTEGRATED TOWER NETWORKS, INC. – DAN KORUS

Mr. Dan Korus was present to discuss developments on finding a place for a co-locatable tower. Mr. Korus has found a location in town to place the tower. Integrated has reached an agreement with Ken Cressman at 503 North Bartlett to put a co-locatable cellular tower and building on his property. Mr. Korus said that he would be proceeding with the zoning process. Mr. Korus said that they were hoping to go with a tower less than 175 feet, perhaps 150 feet. Mr. Cressman would hope to place an antenna on top of the tower. Mr. Korus had tried several Radio Frequency models outside of town. But they weren’t close enough for the layout of Canton. The industrial tract was marginal for reaching the east side of town. The tower might not need lights. All this has to go through FAA approval. Mr. Korus did not think it would be accomplished yet this year, but maybe by early Spring. Mr. Amert informed Mr. Korus that it is a three week procedure to go through a zoning change. Mayor Van Wyhe said that he would consider a tower somewhere other than on the tower. Commissioner Nelson inquired about the size of the building they would need to put up. Mr. Korus said the building would be a 10 by 20 foot building. Commissioner Schultz asked about contacts they have had with the cellular companies. Mr. Korus stated that they would be marketing all the major companies, but would be able to do this with just one cellular company. Each cellular company would need a building. Discussion followed concerning the area and the height of the tower. Discussion continued about the possibilities of other areas. Commissioner Bogue asked about liability coverage. Mr. Korus said that they carry the liability. Discussion followed on the conditional permit process. Commissioner Nelson said that they should pursue it. Mr. Korus said he would begin the zoning process and file the paperwork with the FAA.


7:15 P. M. – HEARING ON 2004 LIQUOR LICENSES

Mayor Van Wyhe opened the hearing on the 2004 Liquor Licenses applications for Powerhouse Lounge (Retail and Package Liquor Licenses), FB Mac’s (Retail Liquor License), Black Angus (Retail Liquor License), Canton VFW (Retail Liquor License), and the Hiawatha Golf Course (Retail Liquor License). Commissioner Bogue asked if all the establishments were all paid up in taxes and bills with the City. Mr. Amert answered that they all are current. Commissioner Bogue asked the Police Chief if there were any law enforcement issues. Chief Al Warnock answered that there were not. Motion by Commissioner Bogue, seconded by Commissioner Schultz to approve the Licenses for the 2004 Licensing year. All ayes, motion carried.


CANTON COMMUNITY CELEBRATION – 11-28-03

Mr. Amert discussed the plans for the Free Pork Feed celebration. Mr. Amert said that there would be a free will donation with funds going to the Nate Sandnes “It’s No Big Deal” fund. Mr. Amert explained the program as planned so far. There will be a free concert by Mike Craver, a well-known polka and blue grass singer. Invitations have gone out to all the subcontractors and to Upper Plains. Mr. Amert was there to ask the Commission for use of some barricades and cones for the Chamber’s decorating ideas for the celebration. Motion by Commissioner Nelson, seconded by Commissioner Bogue, All ayes, motion carried.


ERMA THOMPSON BUILDING ISSUE

Commissioner Schultz asked Mr. Amert to discuss the issue. Mr. Amert reminded the Commission that the extension of two weeks is up today. Mr. Amert asked the Commission what they wanted done now. The options were discussed. The state of the house was discussed. Motion by Commissioner Bogue to extend the deadline until Spring of next year, seconded by Commissioner Baldwin. Ayes 4, with Commissioner Nelson Nay. Motion carried.

Discussion ensued on the other projects under issue. The Commission directed Mr. Amert to visit with the City Attorney as to how to proceed with the other projects.


WARRANTS

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


SNOW REMOVAL NOTIFICATIONS

Commissioner Bogue asked about the possibility of having a dedicated line for people to call in to receive any possible messages on snow removal. Mr. Amert said that he would speak to Mr. Thorson about the possibility of getting that done.


CANCELLATION OF THE JOHN SCHUTTE VARIANCE HEARING

Commissioner Nelson read a letter from Planning and Zoning Chairman Tom Raymon informing the Commission that the property owned by John Schutte was now in compliance after a land trade with the neighbor, Bret Austin. With the land trade, Schutte’s property has enough setback in the rear and Bret Austin’s building is now entirely on Austin’s land. Chairman Raymon stated in his letter that Mr. Austin would need to file an amendment on his variance for the building when he returned from service overseas. Reavis Heiskell, Jr. asked the Commission what would be done about a sidewalk on the Schutte property because the house is not thirty-three feet back from the curb. Mayor Van Wyhe stated that there will be a sidewalk installed, although the location had to be worked out yet because of the lack of a normal right of way and placement of the houses on that street. Discussion followed. Motion by Commissioner Nelson, seconded by Commissioner Baldwin to cancel the hearing on the Schutte Variance scheduled for next week. All ayes, motion carried.


TONY NEU BUILDING PERMIT ISSUE

Mr. Amert asked the Commission to look over his memo to them on the timeline on Tony Neu’s building permit for the garage for his rental property at 212 North Cedar. Reavis Heiskell, Jr. has questioned the timeline on obtaining the permit before work started. Mr. Amert investigated the procedure and has put it in the memo. Motion by Commissioner Bogue seconded by Commissioner Baldwin to send the issue to the City Attorney and have him make a recommendation on the Planning and Zoning issue and work out a potential fine for the work done before the building permit was issued. All ayes, motion carried.


WATER/SEWER HOOKUP FEE

Reavis Heiskell, Jr. brought up the proposed ordinance for the water/sewer hook up fees. Mr. Heiskell questioned why should there by a fee when the contractor does all the work, and is responsible for the liability. Discussion ensued on the second penny tax and the use of that fund for improvements on the water and sewer infrastructure after the fire hall expense. Mr. Heiskell pointed out that the hook up fee would only add more expense to the prospective homeowner. Discussion followed on future water and sewer projects and the funding for them. It was pointed out by Mayor Van Wyhe that the revenue from the hook up fee would be put into the Water and Sewer Funds rather than the General Fund. Further discussion ensued.


LAND AND WATER CONSERVATION FUND GRANT AWARD

Mr. Amert reported that the City of Canton has been awarded $13,250 from the Land and Water Conservation Fund. The original application was for $23,000. This fund would be used for Park improvement, in particular the proposed Big Sioux Corridor canoe landing in Chatuaqua Park. Commissioner Schultz asked about the time element in using it. Mr. Amert said there is a three year limit on state grants.


ADJOURNMENT

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

Meeting adjourned at 8:05.


_________________________
Karen K. Leffler
Deputy Finance Officer


WARRANTS:

GENERAL FUND: Farmers State Bank, 12920.56, payroll; First American Bank & Trust, 2601.86, social security; First American Bank & Trust, 1473.08, federal withholding; SDRS, 4208.53, South Dakota Retirement; SDRS Supplemental Retirement, 50.00, supplemental retirement; AFLAC, 685.86, insurance premiums; Colonial Insurance, 6.72, insurance premiums; Landmark Dental, 148.69, insurance premiums; Pre-Paid Legal Services, 111.85, insurances premiums; FSA Section 125 Plan – Aflac, 74.54, Section 125 deductions; New York Life, 40.00, insurance premium; Prairie Wave, 89.61, telephone service; City of Canton –Visa Debit CD, 160.35, travel expenses and cell phone parts.

LIQUOR FUND: Farmers State Bank, 2835.76, payroll; First American Bank & Trust, 560.88, social security; First American Bank & Trust, 340.25, federal withholding; SDRS, 806.18, South Dakota Retirement; AFLAC, 14.80, insurance premiums; Colonial Insurance, 7.02, insurance premiums; Landmark Dental, 14.87, insurance premiums; Pre-Paid Legal Services, 7.67, insurances premiums; FSA Section 125 Plan – Aflac, 5.70, Section 125 deductions; Prairie Wave, 58.74, telephone service; City of Canton, 1450.00, retail and package liquor license.

WATER FUND: Farmers State Bank, 2061.03, payroll; First American Bank & Trust, 413.44, social security; First American Bank & Trust, 229.96, federal withholding; SDRS, 691.72, South Dakota Retirement; SDRS Supplemental Retirement, 7.64, supplemental retirement; AFLAC, 65.61, insurance premiums; Colonial Insurance, 13.42, insurance premiums; Landmark Dental, 36.23, insurance premiums; Pre-Paid Legal Services, 30.22, insurances premiums; FSA Section 125 Plan – Aflac, 8.61, Section 125 deductions; Prairie Wave, 24.54, telephone service; City of Canton –Visa Debit CD, 3.11, postage.

SEWER FUND: Farmers State Bank, 1993.71, payroll; First American Bank & Trust, 399.84, social security; First American Bank & Trust, 222.11, federal withholding; 670.22; SDRS Supplemental Retirement, 7.36, supplemental retirement; AFLAC, 63.67, insurance premiums; Colonial Insurance, 13.24, insurance premiums; Landmark Dental, 35.69, insurance premiums; Pre-Paid Legal Services, 29.66, insurances premiums; FSA Section 125 Plan – Aflac, 8.15, Section 125 deductions; Prairie Wave, 24.54, telephone service; City of Canton –Visa Debit CD, 3.10, postage; First National Bank in S. F., 3269.46, payment #41 on SRF Loan.

AIRPORT FUND: Prairie Wave, 35.65, telephone service.

SECOND PENNY TAX FUND: Hoogendoorn Construction, Inc., 25,000, fire station building.

DEBT SERVICE FUND: First National Bank in S. F., 8202.34, payment #41 on SRF Loan.

1996 SPECIAL ASSESSMENT PROJECT: First American Bank & Trust, 2870.58, 1996 SAP Project bond payment.

 

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 17, 2003


The Canton City Commission met at City Hall on Monday, November 17, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to approve the minutes of the November 10, 2003 City Commission meeting as presented. All ayes, motion carried.


NUISANCES UPDATE

Finance Officer Amert said that he is seeing activity at both 902 and 906 West Fifth related to the issued nuisances. Discussion followed. Commissioner Baldwin said a complaint was filed by a resident near 101 North Riverview Road regarding the number of vehicles stored on the property. Commissioner Baldwin said that he has turned the matter over to the Assistant Police Chief to be investigated. Discussion followed on 415 West Fifth Street.


PROPOSED WATER AND SEWER HOOK UP FEE ORDINANCE

Finance Officer Amert presented a proposed Ordinance to put into one Ordinance all of the previously established hook up fees to the City’s water and wastewater system along with instituting a new hook up fee for all other new connections to the City’s water or wastewater system. Mr. Amert said the City does not collect any fees for a property owner to make a new connection into the City’s system unless they are in an area where previous hookup fees exist. Mr. Amert explained the proposed Ordinance. Commissioner Bogue asked if the City could find out what other cities charge for a similar hookup costs for water and wastewater. Mr. Amert said that he’d get that information for the City Commission. Discussion followed. Commissioner Nelson said that all departments take money to run and that Canton has excellent infrastructure. Commissioner Baldwin questioned that if a private developer puts in the system and hook into the City system, is the developer charged for one hookup fee or for each property developed. Mr. Amert said that the Ordinance is intended to charge each property to be developed for a water and wastewater hookup fee. No action was taken on the proposed Ordinance until further information is gathered.


HARRY DYKSTRA – NO PARKING ISSUE DOWNTOWN

Harry Dykstra was present to ask the City to reconsider the amount of “No Parking” paint marked in the downtown area, especially in front of 5th and Main, by Home Federal Savings Bank. Mr. Dykstra said that where once there were three or four parking spots have now decreased to one due to the “No Parking” paint placed after the completion of the State Highway Project. Mr. Dykstra asked the Commissioners to look over the situation and to make a reasonable decision. Mayor Van Wyhe said that the Commission will look over the situation and if needed, the yellow paint can be marked with white paint. Mr. Dykstra said that he’d like to have the City also look over the southeast corner of 5th and Dakota for more parking spots.


CELL PHONE SERVICE

Commissioner Nelson said that before the City moves forward on renting out the water tower, that he wants to make sure the legalities of limiting the number of providers allowed to rent on the City’s water tower. Mayor Van Wyhe asked the City staff to see how the City of Sioux Falls handles allowing cell phone service on their water towers. Commissioner Nelson said that he is tired of the City getting a bad rap for being unreasonable in working with. Commissioner Baldwin said that he still has a concern with the large building needed by Verizon Wireless at the Canton Water Tower. Commissioner Baldwin said that before the City signs any lease agreements, he wants to make sure that the issue of access to the City’s water tower after working hours or for emergencies is only allowed with a City employee and pay all costs to have the City employee there. Commissioner Nelson said that he still questions if this is the City’s problem to address. Commissioner Baldwin said that he’d like to talk to Mr. Jim Nelson with Verizon to discuss some of the questions he still has about the lease. Commissioner Nelson said that he’d like to talk to the people in Parker about they have worked to get their cell phone service improved. Discussion followed. Mayor Van Wyhe said the Canton Development Corporation could build a shed at the City’s Water Tower and lease the space to the different companies.

WARRANTS

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


2003 STATE HIGHWAY PROJECT – LETTER OF RECOMMENDATION

Finance Officer Amert said that he’d like to have the letter of recommendation from the City of Canton to Upper Plains Contracting, Inc. for their award application on their work as the best State DOT project in 2003. Discussion followed on the remaining items with the 2003 State Highway project.


SALE OF BEHR PLANT

Mayor Van Wyhe said that Behr announced today at a local press conference that it has sold its plant in Canton to a local group to be called Adams Thermal Systems (ATS). Mayor Van Wyhe said that he is thankful that the company will be going to local ownership and that Behr was willing to work to sell the plant than to close the plant. Mayor Van Wyhe said the change in ownership will be effective on January 1st. Finance Officer Amert said that he wanted to thank Jeff Eckhoff of LCEDA for all of his work to make the sale possible. Commissioner Bogue said that what the City has spent over the years with LCEDA has been well worth it to keep the Behr plant and its employees employed in Canton. Discussion followed.


PAY INCREASE REQUESTS – POLICE DEPARTMENT

Commissioner Baldwin brought forth requests from Police Chief Al Warnock, asking for the following pay raises for the following officers:

• Assistant Police Chief Tim Walburg - $50 per month – Completion and passage of Intermediate Accident Investigation School (40 hours of class work) in Pierre, SD;
• Police Officer Rick Miller - $50 per month – Completion and passage of Intermediate Accident Investigation School (40 hours of class work) in Pierre, SD;
• Police Officer Robert Hilt - $50 per month – Completion of workshops, including Pedestrian and Bike Crash Investigation, Interview and Interrogation Training, and Child Safety instruction.

Commissioner Baldwin said that he wanted to discuss the requests. Commissioner Baldwin said that he had voted against the pay raises for Fred Kaltenbach and Theo Dykstra Jr. regarding their receiving licenses for spraying the City for West Nile Virus. Commissioner Schultz said that he would like to address the issue during the yearly salary resolution in January. Commissioner Bogue asked if the State had any requirements to change to keep a position or their accreditation. Commissioner Bogue said that he gets training and class work, but he does not get a pay raise each time to stay certified. Chief Warnock said that the only on-going requirement is the requirement for domestic violence training once every four years. Commissioner Nelson said that he did not get extra pay to keep his teaching certification while he was a school teacher. Commissioner Schultz agreed with the assessment of Commissioner Nelson. Commissioner Baldwin said that he was concerned with opening a door with the extra pay issue. Commissioner Bogue said that if the City did not adjust pay as it normally does each year, then the extra pay requests would be merited, otherwise he would like to see the changes in pay once a year. Commissioner Bogue said that the police officers have the portability of the training with them and does not stay with the City. Mayor Van Wyhe said the City had to have people licensed to be legal to spray for West Nile virus and that part of having them spray is to pay for their license.
Commissioner Bogue asked what other towns allow for extra pay for licenses or other education. Discussion followed. Commissioner Bogue asked what is reimbursable for pay raises. Chief Warnock said that his criteria would be a one, 40 hour class for it to be eligible for a pay raise request. Commissioner Bogue said that he’d like to clear the slate for 2003 and start with a new plan starting in 2004. Commissioner Bogue said that he wants to see the City have in place both job descriptions and performance evaluations. Further discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the pay raise requests submitted by Police Chief Warnock. Roll Call Vote: Bogue – Aye; Baldwin – Nay; Schultz – Nay; Nelson – Aye; Van Wyhe – Aye. Motion approved on a vote of 3-2.


COST REIMBURSEMENT REQUEST – TODD ESCHE

Finance Officer Amert submitted a request to be reimbursed by Todd Esche at his property at North College and South Park Lane for a sign that was installed in the City’s right-of-way that damaged his sprinkler system. Mr. Amert said that the City was not aware of the sprinkler system due to Mr. Esche’s system was not registered with South Dakota One Call. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to deny the reimbursement request. All ayes, motion carried.


ADJOURNMENT

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

Meeting adjourned at 8:06 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (November 17, 2003)

GENERAL FUND: Alco Discount Store #210, 178.90, office supplies and film processing; Dan Amert, 56.86, mileage and meal expenses; Aramark Uniform Services, 40.65, uniform services; Baker and Taylor, 604.79, books for Library; Best Business Products, copier toner for Library; Book Systems, Inc., 100.00, books for Library; Boyer Ford Trucks, 12.63, shop parts; Brown and Saenger, 160.81, office supplies; Campbell Supply, 60.76, shop supplies; Canton Fire Department, 2303.28, reimbursement of tools, repairs and supplies for Fire Department; Canton Food Center, 33.20, supplies for Library; Christensen Distributing, 16.41, supplies for Shop; Computers Ta Boot, 103.50, computer work at Library; Courtney Electric, 48.57, electrical work at Library; Demco, 67.87, supplies for Library; Flack Signs, 250.00, billboard rental on I-29; Frieberg, Zimmer, Duncan and Nelson, LLP, 1305.35, attorney fees; G & K Auto, 45.00, towing for Police; Graham Tire Company, 3380.58, new tires for #25 loader; Grainger, 19.30, shop supplies; KB’s True Value, 42.15, parts and supplies; Lawson Products, 100.03, shop supplies; Lincoln County Auditor, 12.90, cell phone cost for Building Inspector; Mac’s, 32.48, shop supplies; MidAmerican Energy Co., 240.61, natural gas; NAPA, 441.36, parts and supplies; NSP, 3736.86, electricity – street lights; Office Max, 111.45, supplies for Library; One Call Systems, 28.14, utility locates; Postage-Iris Schultz, 91.47, postage for Library; Prairie Wave Communications, 535.44, telephone and internet services; Qwest, 225.00, telephone services; Recorded Books, LLC, 96.00, books for Library; Ron’s Motor and Radiator, 5.62, shop supplies; RR #1 Services, 154.20, mat and mop maintenance, towels for Shop; Sagebrush Corporation, 450.00, CIRC/CAT support for Library; Matt Schleuter, 10.00, caught dog; Iris Schultz, 27.50, reimbursement for library promotional materials; Splash and Dash Car Wash, 29.50, washing of PD cars; Sturdevant’s Auto Supply, 203.82, parts and supplies; Thomas Bouregy & Co., 298.90, books for Library; Van’s Rubbish Removal, 102.00, garbage service; Tim Walburg, 177.48, mileage to conference in Pierre, SD; Zee Medical Service Co., 130.66, medical supplies.


LIQUOR FUND: Alco Discount Store #210, 89.07, supplies for Halloween; Aramark Uniform Services, 57.05, towel maintenance; City of Canton – Lottery Checking, 20.00, other expenses; Jerry’s Appliance Service, 40.61, repair work at Powerhouse; KB’s True Value, 42.57, parts and supplies; MidAmerican Energy Co., 26.00, natural gas; RR #1 Services, 161.50, mat maintenance and cleaning supplies; Van’s Rubbish Removal, 35.00, garbage service; Viking Glass, 91.84, repairs to front door of Powerhouse Lounge; Zee Medical Service Co., 19.90, medical supplies.


WATER FUND: Aramark Uniform Services, 20.32, uniform services; Boyer Ford Trucks, 6.31, shop parts; Campbell Supply, 30.37, shop supplies; Christensen Distributing, 8.20, supplies for Shop; Graham Tire Company, 1126.87, new tires for #25 loader; Grainger, 6.85, shop supplies; KB’s True Value, 11.41, parts and supplies; Lawson Products, 50.02, shop supplies; Mac’s, 16.25, shop supplies; MidAmerican Energy Co., 121.80, natural gas; NAPA, 41.25, parts and supplies; One Call Systems, 28.15, utility locates; Qwest, 345.00, telephone services; Ron’s Motor and Radiator, 2.81, shop supplies; RR #1 Services, 34.85, towels for Shop; Sturdevant’s Auto Supply, 49.64, parts and supplies; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 35.77, medical supplies.


SEWER FUND: Aramark Uniform Services, 20.32, uniform services; Boyer Ford Trucks, 6.31, shop parts; Campbell Supply, 30.37, shop supplies; Christensen Distributing, 8.20, supplies for Shop; Graham Tire Company, 1126.87, new tires for #25 loader; Grainger, 6.85, shop supplies; Lawson Products, 50.02, shop supplies; Mac’s, 16.25, shop supplies; MidAmerican Energy Co., 26.28, natural gas; NAPA, 32.05, parts and supplies; One Call Systems, 28.14, utility locates; Ron’s Motor and Radiator, 2.82, shop supplies; RR #1 Services, 34.85, towels for Shop; Sturdevant’s Auto Supply, 110.14, parts and supplies; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 35.77, medical supplies.


AIRPORT FUND: KB’s True Value, 19.96, parts and supplies;

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 10, 2003


The Canton City Commission met at City Hall on Monday, November 10, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the minutes of the November 3, 2003 City Commission meeting as presented. All ayes, motion carried.

Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the minutes of the Special November 5, 2003 City Commission meeting as presented. All ayes, motion carried.


REQUEST FOR FILL – DEAN LIBRA

Airport Manager Dean Libra was present to ask for fill from the City’s stockpile to help with the completion of the new hanger at the Canton Airport. Mr. Libra said that neither he nor the owner of the building, William Nelson of Harrisburg, was looking for free fill. Mr. Libra estimated that the project would need 15 loads of fill. Finance Officer Amert said that before Public Works Superintendent Palmer Ericksen proceeded with the project, that he wanted it approved and voted on by the City Commission. Mayor Van Wyhe said the City shouldn’t give the fill away, but could help out since the building sits on City property. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve selling and delivering the fill to the site at the going rate. All ayes, motion carried.


REQUEST FOR FURTHER EXTENSION – ERMA THOMPSON

Finance Officer Amert said that the City received a letter from Erma Thompson requesting a further extension at 607 South Cedar about needing more time on the house. Mr. Amert said that the City has already given Ms. Thompson 2, 2-week extensions already beyond the October 1st deadline. Commissioner Schultz said the present issue between Ms. Thompson and her contractor is not a City issue. Mayor Van Wyhe said the exterior of the house is most important to him. Discussion followed. Commissioner Nelson motioned to grant Ms. Thompson a third 2 week extension. Motion seconded by Commissioner Bogue. All ayes, motion carried.


SCHEDULE VARIANCE HEARING – JOHN SCHUTTE

Finance Officer Amert said that due to a questioned raised by Reavis Heiskell Jr. to the location on the lot for John Schutte at 511 East Martin, the discovery was made that the back was not correctly placed on the lot. With this discovery, Mr. Schutte has filed a variance for his property, according to Mr. Amert. Mr. Amert said that all work has stopped on the house after the setback issue was discovered. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to schedule the variance hearing for John Schutte at 511 East Martin for Monday, December 1st at 7:15 p.m. All ayes, motion carried.

Dr. Raymond Bunkers questioned the City’s setbacks for properties in residential areas. Deputy Finance Officer Karen Leffler said that the typical setback for the front of the house is 20’ from the front of the property. Reavis Heiskell Jr. questioned that with the allowed setback there for sidewalk. Mr. Heiskell also questioned the amount of Right-of-Way is allowed on that stretch of property. Ms. Leffler said the City has some exceptions due to the location of the street. Chuck Andresen of the Canton Planning and Zoning Commission said a couple of exceptions due exist, including North Bridge Street and East Martin Street. Ms. Leffler said that Mr. Schutte has brought the issue back to the City once the issue was discovered.


7:15 P.M. – PUBLIC HEARING ON THE POTENTIAL CLOSING OF RAILROAD CROSSINGS

Mayor Van Wyhe opened the hearing for discussion of the request to the City of Canton, South Dakota by the State of South Dakota and the Burlington Northern Santa Fe (BNSF) railroad to examine to see if the City would be willing to close some of the unnecessary crossings in Canton. Mr. Amert explained the initial issues with each crossing to date, discuss the study completed in the spring of 2003 on the traffic counts and previous meetings to hear public comment. Mayor Van Wyhe said the City does not have to agree to close any of the crossings. Reavis Heiskell Jr. asked what the cost to repair or replace a crossing is. Mayor Van Wyhe said the BNSF told the City the cost to replace the crossing is $800 per lineal foot. Chuck Andresen said the estimated costs are close to correct. Mr. Heiskell said the City can tell BNSF to keep up the lines and the crossings. Commissioner Bogue said the angle the State and the BNSF is looking for is having less crossings mean less accidents. Craig Van Bockern said that will only due is force the traffic to fewer crossings. Tim Den Hartog said the he doesn’t like seeing the government step in and force action. Kathy Beer said that he concern is with safety to get to people, especially for Fire, Police and EMS. Ms. Beer said that the City’s Fire Department had recently had the City’s fire insurance rating updated and if the closing of railroad crossing causes that rating to go up, that will cost all homeowners more and who will be held responsible. Ms. Beer said that in her opinion, none should be closed. Olive Edwards stated that if the City took the traffic counts at different times of the year, the crossings to be closed could be different. Ms. Edwards said that she does not want to see 4th Street closed due to the unsafe traffic speeds on 5th Street (US 18). Ms. Beer asked how soon a decision needs to be made. Mr. Amert said that the City does not have to make a quick decision, but would have to negotiate with the BNSF for funding sources in exchange for closing crossings. Discussion followed on the 4th Street crossing and the adjacent land to the north owned by the State. Ms. Edwards asked if the BNSF was good at keeping their promises. Doug Hendriks stated that he sees the issue as BNSF’s problem and trying to the get the City to do its work for them. Discussion followed on the possible crossings in question. Mr. Den Hartog said that he would be opposed to the extending of Lynn Street west of Toft’s Trailer Court due to his desire to have seclusion by his property at the end of North Bridge Street. Mr. Den Hartog said the monies the City is looking for are tax dollars and those dollars are not free dollars. Mr. Den Hartog raised the issue of allowing a street crossing that could cause ice jams on Beaver Creek, flooding his property. Further discussion followed.

Jennifer Van Essen of North Cedar, the administrator at the Canton Good Samaritan Center, said that her concern is getting a second access to West Lynn Street due to the fact that some of her staff have been delayed coming to work due to the train blocking the street crossing. Ms. Van Essen said that safety in and out of the area is her major concern. Carol Lease said that her concern is with that when the train is stopped, no one can go anywhere. Mayor Van Wyhe said that in an agricultural-based town, trains blocking traffic is the nature of the business. Ms. Lease said that the City needs to look at getting access for fires or other emergencies. Ms. Beer said that with the changes with the BNSF, the train can’t talk to the front or the back of the train. Mr. Andresen said the City should look at West Lynn Street, which is at the ½ mile line, as an arterial street. Commissioner Bogue said that area of Canton could be the next area of development from Sioux Falls. Discussion followed on a follow up meeting in January 2004 with the residents, the State and the BNSF. Jack Lease stated that Bid-Well does not want to see Main Street closed due to the importance of their operations to keep Main open. Further discussion followed.


CELL PHONE SERVICE

Finance Officer Amert said he talked to Jim Nelson, the representative for Verizon Wireless about the type of building needed at the water tower as a location for their cellular phone equipment. Mr. Amert said that he was assured by Verizon Wireless that they are willing to make any changes needed to make it work, including locating the proposed building to make it less obtrusive to the public and to accommodate the City’s needs. Mr. Amert further explained where the City was with the request from Verizon Wireless to rent space at the City’s water tower to help improve cell phone service in Canton. Mayor Van Wyhe said the City’s main concern is with having multiple buildings and multiple cell phone companies. Doug Hendriks said that in his experience on the City of Sioux Falls Parks Board that many companies try to solicit for space on the City facilities like the water towers, and in Sioux Falls, the premise is to give to the first come, first served. Mr. Den Hartog said that he has talked to Cell One and they claimed the City was not interested in working them. Mr. Amert said that the City has not been approached by Cell One to use the City’s water tower for rental space. Mr. Hendriks said that each has a potential risk and that is a chance they take. Mr. Hendriks said that he is amazed there is no interest in using the Canton site, considering the size of the market in the Canton area. Police Chief Al Warnock said that from a law enforcement standpoint, the City needs to move forward to improve cell phone service in Canton. Commissioner Nelson said that his concern is with safety and security of the tower and to protect it from vandalism or terrorism. Discussion followed. Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to authorize the Finance Officer to work with Verizon Wireless to locate service on the City’s water tower. All ayes, motion carried.


WARRANTS

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


PAYMENT #7 – 2003 STATE HIGHWAY PROJECT

Mayor Van Wyhe said Payment #7 for the 2003 State Highway Project has been prepared by the City Engineer for payment. Finance Officer Amert said the payment request is for $60,107.70. Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to authorize the Mayor to sign the Payment request. All ayes, motion carried.


INTERNET SAFETY WORKSHOP

Police Chief Al Warnock was present to explain the recent conference held in Canton with i-Safe about having local leaders and law enforcement assist with kids and their use of the Internet to prevent predators, pedophiles and other criminals from harming children.


LCEDA APPOINTMENT

Finance Officer Amert said the City’s appointment to the Lincoln County Economic Development Association (LCEDA) is Joel Dykstra is up at the end of 2003. Mr. Amert said the City understands that due to Mr. Dykstra’s Legislative and Business commitments, he is less able to work on the LCEDA. Mr. Amert said that Bob Lier, president of the Canton Economic Development Association, was interested in serving the City. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve Bob Lier for the City’s LCEDA position from 2004 to 2007. All ayes, motion carried.


EMPLOYEE APPRECIATION MEAL

Mr. Amert requested to use funds in the City’s budget to host an Employee Appreciate Banquet for the City employees and retirees. Mr. Amert said the banquet would be held in January as a way to thank the employees for their service. Motion moved by Commissioner Schultz, seconded by Commissioner Bogue to approve the expenditure of the budgeted funds for the Employee Appreciation Banquet. All ayes, motion carried.


DEPOT GRANT – OFFICIAL AWARD

Mr. Amert said he wanted to announce the City has cleared the hurdles for the US HUD’s grant for $134,000 to be used for the Canton Depot project. Mr. Amert said the City should be able to start drawing down funds within 2 weeks.


EXECUTIVE SESSION

Motion moved by Commissioner Schultz, seconded by Commissioner Bogue to enter into Executive Session for personnel reasons. All ayes, motion carried.

Executive Session began at 8:33 p.m.
Mayor Van Wyhe ended Executive Session at 8:59 p.m.


ADJOURNMENT

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

Meeting adjourned at 9:02 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF CANTON CITY COMMISSION MEETING
NOVEMBER 03, 2003


The Canton City Commission met at City Hall on Monday, November 3, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the October 27, 2003 City Commission meeting as presented. All ayes, motion carried.


CONTINUATION OF HEARING TO VACATE PORTION OF CITY STREET BEHIND KEYSTONE TREATMENT CENTER

Mayor Van Wyhe reopened the hearing for the request to vacate a portion of East First Street behind Keystone Treatment Center. Mr. Amert presented a petition filed at City Hall in support of the vacating of East First Street as requested by Keystone. Vince McKenney asked who the people who signed the petition were. Mr. Amert surmised they were employees of Keystone Treatment Center. Carol Regier, Executive Director of Keystone, explained the reasons for Keystone to request closing the street behind their facility. Ms. Regier said that Keystone apologizes for the consternation the issue has brought to the City. Ms. Regier explained the upcoming expansion once the street vacation is approved, raising their patient load and new hires to their facility. Chuck Molstad asked if Keystone was willing to trade property for a second access into Christmas Lake in exchange for the proposed closing. Ms. Regier said Keystone is willing to discuss the issue, but their position has been the issue of the second access to Christmas Lake and the street vacation on East First Street are separate issues. City Attorney Larry Nelson explained the City would need to have a 2/3 vote of approval to close the street. Mr. Nelson said the City could possibly attach conditions to the street vacation, but that this should have been brought forward much sooner than at the hearing to vacate the street. Commissioner Bogue said the position of Keystone to open up Lawler Street and the position of the School District is not to open up Elder Street. Discussion followed. Finance Officer Amert explained his research into the issue of closed streets and alleys in the Canton City Limits, including closing surround the Keystone Treatment Center. Former City Commissioner Reavis Heiskell Sr. said the City needs to look at the best interest of the City not to close the street requested. Pete Tollinger questioned the City’s willingness to cut off access to Kennedy Park and to prevent future plans for the park. Garry Johnson raised the issue of having only one way in or out of Christmas Lake, instead of two ways out, possibly reopening Lawler Street. Commissioner Bogue said another option to open a second access in or out of Christmas Lake is Park Lane South.

Omar Peterson asked if Keystone or the City has enough parking to handle each of their facilities, including for soccer or ball games. Paul Garbers said that to him it doesn’t make a lot of sense to close streets, especially leading to park facilities owned by the City. Ms. Regier said that due to the patients they have at their facility, she would not condone people parking behind their facility. Mr. Garbers asked what Keystone uses the area north of their facility for. Ms. Regier said Keystone uses the property for exercise and lets the City and School District use the land for ball fields and soccer. Brad Peterson suggested making the area behind Keystone for the ice rink and trade the area by the Swimming Pool for Keystone for parking. Further discussion followed. Ms. Regier said that Keystone wants to stay in Canton and to expand their facilities. Reavis Heiskell Jr. told the representatives of Keystone to expand their facilities onto their own property rather than encroach onto the City Street. Commissioner Bogue said Keystone is willing to talk about a second access to Christmas Lake, but the two issues are separate. City Attorney Larry Nelson said the City at the time of recent housing developments in Canton, has made some compromises to make the developments happen. Mr. Nelson said he suggested the City needs to not let this opportunity go, due to the number of jobs and payroll it brings to the entire Canton community. Reavis Heiskell Sr. said that if this trading of property for the closing of the street isn’t done now, it will never get done. Discussion followed on a second access in and out of Christmas Lake. Commissioner Bogue said that to knowledge, Jay Englert is not at all interested in opening his part of Lawler Street to vehicle traffic. Mr. Tollinger asked if areas east of Alco develop, will there be enough access to tie the entire area together. Commissioner Bogue said that as a matter of their business, it is in their best interest to keep as many people away from their property. Commissioner Nelson who would pay the cost to improve the street. Mr. Heiskell Sr. said that in his opinion, Elder Street is not the best answer, but the best answer is re-opening Lawler Street. Mayor Van Wyhe said that Elder Street could be workable, but that Lawler would be very difficult. Commissioner Bogue reiterated that Park Lane South is the best option to alleviate the problems of a second access to Christmas Lake. Mr. Heiskell Sr. said that the people in attendance opposing the street vacation would not compromise. Mr. Garbers said that he has seen money spent far worse by the City than to make street improvements for a re-opened Lawler Street. Mr. Heiskell Sr. asked the Commission if they have considered the issues of fire protection and ambulance services to the residents of Christmas Lake with only one access point. Further discussion followed. Mr. Molstad asked the Commissioners to discuss the issue of reopening Elder Street at their joint meeting before deciding on the closing of this part of East First Street. Mr. Molstad asked the City to consider the future of the north part of Kennedy Park when making a decision. Mr. Johnson said that all parties would gain in the area by having a second access. Mayor Van Wyhe said the City would talk to the School District about the issue of reopening Elder Street. Mayor Van Wyhe said that he could see the City paying for the cost to reopen Elder Street if given the opportunity. Commissioner Schultz said the November 4th meeting will give the City Commissioners a feel for their views on re-opening Elder Street. Mr. Heiskell Jr. said he’d like to see the issues in writing rather than on trust or faith. Commissioner Bogue warned that the winds of politics or business can change very quickly. Ms. Regier reminded the Commission of the donated land Keystone has given to the City for Kennedy Park along with their willingness to work with the City on many issues. Mr. Heiskell Sr. said he wants to see some form of commitment from Keystone rather than talk and good faith. Mr. Heiskell Sr. said the other people of Canton have a vested interest in this issue. Commissioner Bogue asked how it is Keystone’s responsibility to provide a second access to Christmas Lake addition. Further discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to defer action to Wednesday, November 5th at 5:00 p.m.

RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to call for a recess. All ayes, motion carried.

Recess began at 8:17 p.m.
Recess ended at 8:25 p.m.


DAVID AMUNDSON – STREET CUT BILL

David Amundson of 903 North Dakota was present to contest his bill for $4,480 for street work completed by the City in front of his house. Mr. Amundson explained the issues relating to his street work, the smaller area and the high cost charged by the City. Mr. Amundson said that when the road was overlaid on North Dakota Street for the City by W. Hodgeman and Sons, his neighbor to the north, Mark and Tanya Iverson, paid the contractor directly $1500 for the work done in front of their house and was similar to the work by his house. Mr. Amundson said the cost of the work is out of perspective. Finance Officer Amert said the City has set rates established by Ordinance for the costs for street patches. After discussion, motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to amend the street cut bill for Mr. Amundson to .82/Square foot, or $1,445.68. All ayes, motion carried.


SIDEWALKS

Mr. Amert reported that Mr. Miller and Mr. Schorn have installed their sidewalks on their properties in accordance with the City’s request. Discussion followed on other properties the City may need to send letters to relating to repair and replacement of sidewalks.
STREET CUT QUESTION – McKEE

Finance Officer Amert presented picture evidence of the street cuts involving the former Duane McKee’s property at 206 North Bridge, now owned by Ed Wangen. Mr. Amert said there were two street cuts in two different areas for the necessary sewer and water connections. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the street cut as stands. All ayes, motion carried.


STREET CUT QUESTION – KLIENSASSER

Finance Officer Amert presented picture evidence of the street cuts involving Ted Kleinsasser property at 935 East Fourth Street. Mr. Amert said there were two street cuts in two different areas for the necessary sewer and water connections. Mr. Amert said that Mr. Kleinsasser have asked for a payment plan to pay off their street. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to not allow any payment plans for street cuts involving Mr. Kleinsasser. All ayes, motion carried.


CELL PHONE ISSUE

Finance Officer Amert said he talked to Jim Nelson, the representative for Verizon Wireless about the use of the water tower as a location for their cellular phone equipment. Mr. Amert said that he was assured by Verizon Wireless that they are willing to make any changes needed to make it work, including locating the proposed building to make it less obtrusive to the public and to accommodate the City’s needs. Discussion followed. Commissioner Baldwin asked if the City could offer one building and share space with the different cell phone companies. Mr. Amert said that he could ask Mr. Nelson about the City’s concerns. The Commission asked Finance Officer Amert and Commissioner Baldwin to discuss the Commission’s concerns with Mr. Nelson.


VICIOUS DOG ISSUE

Commissioner Schultz asked what was the status of the updating the animal control Ordinances in relation to vicious animals. Commissioner Baldwin said he is working with the City Attorney’s office, Canton Animal Control and the Canton Police Department to come up with a new Ordinance that will satisfy all parties. Commissioner Baldwin said the City will need to update the dog pound area in 2004 to handle longer term animals.


WARRANTS

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


PRAYER MEETING – THANKS FOR 2003 STATE HIGHWAY PROJECT

Commissioner Bogue reported on the Prayer Service and Ribbon Cutting at the Canton United Methodist Church on November 1st. Commissioner Bogue sincerely thanked Rev. Ron Johnson for his efforts to organize and run a very thankful service. Commissioner Bogue said that he’d like to send a letter to Upper Plains Contracting as a letter of recommendation on the project. The Commission directed Finance Officer Amert and Commissioner Bogue to work on the letter of recommendation.


ADJOURNMENT

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

Meeting adjourned at 9:19 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 27, 2003


The Canton City Commission met at City Hall on Monday, October 27, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve the minutes of the October 20, 2003 City Commission meeting as corrected. All ayes, motion carried.


ROGER MORCK – NEED FOR LANDFILL

Roger Morck of 813 North Kimball was present to complain about what is taken and what is not at the Canton Rubble Site. Mr. Morck said a load of debris from his house was mostly rejected because he included furniture to be disposed of. Mayor Van Wyhe said the City is bound to its License through the State of South Dakota on what can and cannot be taken at the Rubble Site. Mr. Morck asked why Sioux Falls can take that kind of material. Mayor Van Wyhe said that Runge Landfill in Sioux Falls is licensed to take that kind of material, like the Worthing Transfer Station. Discussion followed on the need for the City to have a landfill locally.


ADAM EBEN – FENCE BY HOUSE

Adam Eben at 221 West Fourth Street was present to express his concerns with his neighboring property owner, located at 116 North Bartlett and owned by Dwight Hoover about a fence Mr. Hoover erected. Mr. Eben said the fence is on the property line but within 5’ of his house and is a 6’ stockade type of fence. Mr. Eben said the fence was put up over the weekend and wanted to know if Mr. Hoover had a building permit from the City. Mr. Eben said that he raised a concern with how close the fence was to his house and if the City required setbacks between two houses for fire lanes. Deputy Finance Officer Karen Leffler said Mr. Hoover did get a building permit and did comply with the City’s requirements for installing the fence. Ms. Leffler said the City does not have any distance requirements for setbacks between houses. Discussion followed. Mr. Eben said that Mr. Hoover has not properly disposed of the fence and has left it in the yard. Commissioner Baldwin said this could be a Police issue for safety purposes, possibly related to a littering charge. Mr. Eben said that he has not been on bad terms with Mr. Hoover, so the installation of the fence was a surprise to him. Discussion followed on other structures


JOINT MEETING

Finance Officer Amert said the City has received a letter from the Canton School District asking to meet in joint session at the Canton High School cafeteria at 7:00 a.m. on Tuesday, November 4th. Mr. Amert said the Canton School District will be discussing health insurance and other issues that concern each group.


7:15 P.M. – SPECIAL ASSESSMENT LIENS HEARING FOR WORK COMPLETED BY CITY

Mayor Van Wyhe opened the Special Assessment Liens Hearing for properties where the City has completed work, such as weed cutting, street cuts and other work. Finance Officer Amert presented the list submitted three weeks ago, along with the liens that were paid in the interim. Mr. Amert went through the list individually and asked if anyone was present to discuss their lien.

Duane McKee and Ed Wangen were present to discuss the lien listing for two street cuts to the property at 206 North Bridge. Mr. McKee asserted that in his own mind, that the street cuts were forgiven and did not spend any more time on them. Mr. Amert said that Mr. McKee has argued that at the time he obtained a building permit, that he asked if there would be any other fees and City Hall staff said there would be no other fees. Mr. Amert said that Mr. McKee said that once the City staff told him that no other fees were due, the City could not assess the street cuts to him. After discussion on the street cuts, a motion was moved by Commissioner Bogue, seconded by Commissioner Baldwin to defer action on Mr. McKee’s street cut for more information. All ayes, motion carried.

Josh Kelly was present to contest his tree trimming bill for his property at 318 West Third. Mr. Kelly brought in Richard Ekle, his next door neighbor to swear that no trimming work was completed on Mr. Kelly’s property. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to void the tree trimming bill for Mr. Kelly. All ayes, motion carried.

Ms. C.W. Johnson was present to contest their tree trimming bill for their property at 402 West Third. Ms. Johnson swore that the City’s tree trimming did not spend the time asserted. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to change the tree trimming bill for Ms. Johnson from $75 to $25. All ayes, motion carried.

Mr. Amert presented a letter from Daniel Siebenborn about his street cut at 1409 Holiday Drive about the problems with the street cut and City government in general. Mr. Siebenborn asked for the City to return his check for $110 for the street cut in front of his house. After discussion, a motion was moved by Commissioner Nelson, seconded by Commissioner Bogue to accept the payment for the Street cut from Mr. Siebenborn. All ayes, motion carried.

Mr. Amert asked if the Commissioners wanted to take any action on the listed street cut from David Amundson at 903 North Dakota related to his street cut bill. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to defer action on the street cut in question until a time when Mr. Amundson can meet with the City. All ayes, motion carried.

With the aforementioned changes noted, Mr. Amert asked to approve Resolution 1102 for the Special Assessment Liens roll. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve Resolution 1102. All ayes, motion carried.


RESOLUTION #1102

A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR WEED MOWING AND ASSORTED WORK COMPLETED BY THE CITY OF CANTON IN CANTON, SOUTH DAKOTA

BE IT RESOLVED BY THE CITY COMMISSIONERS OF THE CITY OF CANTON, SOUTH DAKOTA:

SECTION I.

That the Special Assessment Roll for work performed by the City as in estimate of the City Finance Officer, heretofore submitted to the City Commission; is correct and that notice of time and place when the City Commissioners shall meet for the purpose of approving such estimate was published in the official newspaper on October 16, 2003 and said date of publication being no less than one week before such hearing.

SECTION II:

That the said Special Assessment Roll is hereby approved and the respective sums of money set opposite said lots, or parcels of land therein described, be and the same hereby levied against each lot, or parcel of land respectively, and the Assessment Roll is hereby ordered filed as provided by law.

Dated at Canton, South Dakota this 27th day of October, 2003.

The above and foregoing Resolution was moved for adoption by Commissioner Baldwin and seconded by Commissioner Schultz, and upon roll call all voted aye, whereupon the Mayor declared the same to be duly passed and adopted.


_____________________________
Pete Van Wyhe, Mayor of Canton

ATTEST:


__________________________
Dan Amert, Finance Officer

Publish: November 6, 2003


HEARING TO VACATE PORTION OF CITY STREET BEHIND KEYSTONE TREATMENT CENTER

Mayor Van Wyhe opened the hearing for the request to vacate a portion of East First Street behind Keystone Treatment Center. Mr. Amert presented a map of the area in question for closing the City Street. Commissioner Bogue, the Clinical Manager for Keystone, explained the request from Keystone for expansion of the facility to their north, including additional office space, new wings for young women’s treatment and other facilities. Mr. Bogue said that Keystone would move the existing City water trunk line in the present street entirely at their expense. Dr. Raymond Bunkers was present to express his opposition to the proposed street closing. Dr. Bunkers said that he was against the vacation because the City has in too many places closed streets. Dr. Bunkers said that Keystone needs to present a better plan for their future expansion facilities first, rather than in piece meal. Dr. Bunkers said that once the City vacates the street, it’s gone forever. Dr. Bunkers said that the City could be use eminent domain to reopen streets it has closed, but it doesn’t want to catch hell. Mayor Van Wyhe said the present City Commission can’t be blamed for other Board’s previous actions. Discussion followed.

Reavis Heiskell Jr. was present to express his opposition to the proposed vacation because of his concerns with the City giving up its street easements and changing its utility easements. Mr. Heiskell questioned the City wanted to run a major trunk line onto private property without having the proper easements. Mr. Heiskell questioned whether the City would have available another access for industries on the east side of Canton, such as Fastek Products, to get their people in and out. Mr. Heiskell questioned the closing of the street for use of a private enterprise. Commissioner Bogue questioned the need for traffic behind their facilities to try and help their patients seek treatment. Mr. Heiskell said that Keystone can’t control what happens outside their facility. Mr. Heiskell said that the City should also consider what is needed by the public in general, including a second entrance into Christmas Lake. Commissioner Bogue said that he wants to concentrate on the issue at hand with the proposed closing of East First Street than to discuss the opening of property to further develop East Elder Street. Commissioner Bogue said that Keystone wants to expand its business and has requested closing the street, since they own almost all of the properties abutting the street. Drew Anderson asked the Commission to think about a “Good Neighbor policy” to think of all property owners and tax payers in Canton and put into consideration that will benefit the most by closing that stretch of street. Mr. Anderson said that this closing could be very important. Commissioner Bogue asked if the people in attendance were serious to re-open First Street through Kennedy Park and by the ball parks and the swimming pool. Mr. Anderson said that he’d concern with future access to properties like Fastek. Roger Morck asked if Keystone was willing to build a fence around their properties. No promises were asserted to

Mr. Heiskell asked if Keystone was willing to help open Elder Street in trade for the closing of East First Street. Commissioner Bogue said that Keystone was willing to discuss the matter at a later time. Mr. Heiskell said that this is the time the City has some leverage to get Elder open now. Commissioner Bogue said that the time to have leverage was when Christmas Lake Addition was being started. Commissioner Schultz said that as a resident in the area, he sees an issue of off-street parking to the Keystone facilities. Commissioner Bogue said that the expansion would add some more staff and patients, and parking could be added around the facility to accommodate more staff, patient and visitor parking. Commissioner Baldwin asked if the issue of opening Elder to the east has come up with Keystone or the Canton School District. Commissioner Bogue said that this issue has been discussed and Keystone is willing to assist, but wants to preserve the track to the north of the facility. Commissioner Bogue said that to his understanding, the Canton School District reluctant to the idea of an extended Elder Street due to its proximity to EO Lawrence School. Mr. Heiskell asserted the Canton School District was interested in an extended Elder Street. Mr. Anderson asked Commissioner Bogue if he would recuse himself from any votes on the closing of the street. Commissioner Bogue said that he would do that, but he did not monetarily gain personally from the expansion of the facility. Mr. Heiskell asked if Keystone could use other places to expand rather than on the street right-of-way itself. Further discussion followed. Mr. Anderson said that the City should be wary of vacating a street; an alley seems to haunt future boards. Mr. Anderson said the City should again look at a “good neighbor policy” to this street closing. Chuck Andresen asked if Keystone was presently using a City street right-of-way as a private parking lot. Mr. Andresen said that Keystone should look at finding a site to be used for parking for the expanded facilities, which is an issue with the City in its Zoning Ordinances for the requirements for parking at facilities like Keystone.

Commissioner Bogue said that at this time, the City does not maintain the roadway and does not make the improvements, which Keystone has and could barricade it off. Mr. Morck asked if that is true, who owns the right-of-way, the City or the owner on both sides of the street. Mr. Heiskell asked if the City wants a second access to Christmas Lake and there are some options to play in. Commissioner Bogue said that Keystone would be willing to discuss the issue, but at different time. Mr. Anderson reminded the Commission of the issue to have a second access to Christmas Lake. Mayor Van Wyhe said he’d like to see another access to Christmas Lake to alleviate any potential access problems for residents living in the Christmas Lake Addition. Mr. Heiskell said the City has some considerations that need to be weighed at the time of this hearing and closing of East First Street. Commissioner Bogue said the second access should not be tied to this request. Mr. Heiskell said that only Keystone objects to the re-opening of Lawler Street. Mr. Morck said an issue with the lack of a second access into and out of Christmas Lake is the high speed by his house on East Lynn. Commissioner Bogue said the speed along East Lynn is not a Keystone problem. Mr. Heiskell said the lack of a second entrance due to Keystone’s unwillingness to open Lawler causes the higher speed, so they are related. Mr. Bunkers said that Keystone is a part of the City, like any other business. Mr. Morck said the cops are not watching the speed on East Lynn or by his house. Police Chief Al Warnock said that he’d have the Police officers patrol the area more thoroughly. Mr. Heiskell said the City needs to look at a planning of the Keystone’s property use and to help with more growth in the Christmas Lake area. Finance Officer Amert read the proposed Resolution to approve the vacation of the City street.

After further discussion, a motion was moved by Commissioner Nelson, seconded by Commissioner Schultz to defer action for one week. Commissioner Schultz asked what the City Attorney’s opinion was if the City could tie an issue to the street vacation in front of the Board. Mr. Amert said that City Attorney Larry Nelson that he advised not to tie other issues to the street vacation, but to make it clear those other issues would be discussing at a later time. Vote on the motion - Ayes 4, Nay 1 – action deferred. Ayes – Baldwin, Nelson, Schultz and Van Wyhe; Nay – Bogue. Mr. Anderson asked Commissioner Bogue why he did not recuse himself from the vote. Commissioner Bogue stated that the vote was only to delay or to take action, note to decide on approving or disapproving the street vacation request.


RECESS

Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to call for a recess. All ayes, motion carried.

Recess began at 8:40 p.m.
Recess ended at 8:42 p.m.


PUBLIC COMMENT PERIOD – ASYLUM ADMINISTRATOR’S HOUSE

Finance Officer Amert presented a comment sheet to be sent to the Canton residents in the next water bills about what the City should do about the former home of the Canton Indian Asylum’s administrator. Mr. Amert said if the Commissioners approve the Comment sheet, the comment sheet would be sent at the end of the week, with the comment period ending on November 30th. Mayor Van Wyhe asked if the City has compiled any cost figures to restore the house to a museum-like condition. Mr. Amert said the City has not compiled any cost figures at this time. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to allow the City to send the public comment notice in the City water bills and take comments until November 30th, all ayes, motion carried.


SCHEDULE HEARING – RAILROAD CROSSING MEETING

Mr. Amert said some residents of Canton did not see the notice to attend the October 20th meeting regarding railroad crossings. Mr. Amert asked to reschedule the railroad crossing meeting to Monday, November 10th at 7:15 p.m. at the Canton City Hall. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to reschedule the railroad crossing meeting to Monday, November 10th at 7:15 p.m. at the Canton City Hall during the City Commission’s regular meeting all ayes, motion carried.


NUISANCES AND SIDEWALKS UPDATE

Mr. Amert said no other work has been completed this last week with any of the houses or sidewalks in question. Commissioner Baldwin said that Ward Miller will be having Van Voorst Concrete to install the sidewalk onto his property.


CELL PHONE ISSUE

Finance Officer Amert said he received a call from the representative for Verizon Wireless stating that the only realistic site to locate equipment in Canton to improve cell phone service is at the Canton Water Tower. Mr. Amert said that Verizon Wireless can’t make the Well #10 site work is due to an radio frequency issue and Canton’s proximity to the South Dakota/Iowa line. Mr. Amert said that he was assured by Verizon Wireless that they are willing to make any changes needed to make it work. Discussion followed.


YIELD SIGN – NEW HIAWATHA DRIVE

Commissioner Schultz asked the Police Department to look at having a yield sign installed to the new road leading to and from the Hiawatha Golf Course onto the new Hiawatha Drive. Commissioner Baldwin said that he’d turn the matter over to the Canton PD. Discussion followed.


WARRANTS

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


RUBBLE SITE HOURS

Finance Officer Amert said that with the change back to standard time, City staff would like to switch the hours from 10 a.m. to 6 p.m. on Monday, Tuesday, Thursday and Friday to 9 a.m. to 5 p.m.


OUTDOOR SIRENS

The Commission asked to have the City’s outdoor sirens shut off for the winter this week.


PLANNING AND ZONING REFERRAL – CHANGES TO CUP HEARING

Mr. Amert said that City Attorney Larry Nelson has asked the City to send the recent issue with Conditional Use Permits to the Planning and Zoning Commission for that Advisory Board to hold a hearing on the issue and take public input related to the questions raised. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve sending the matter to Planning and Zoning for public comment and discussion. All ayes, motion carried.


TRAVEL REQUEST - AMERT

Commissioner Baldwin motioned to send Finance Officer Amert to a GASB 34 workshop from November 24th to 25th in Brookings. Motion seconded by Commissioner Bogue. All ayes, motion carried.


EXTEND PROBATIONARY PERIOD – POPPENS

Finance Officer Amert, at the request of Liquor Store Manager Russ Miller, asked to extend the probationary period for Powerhouse Bartender Karen Poppens for an additional 6-month period effective immediately. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to extend the probationary period for Bartender Karen Poppens for an additional 6-month period effective immediately. All ayes, motion carried.


PRESENTATION OF VIDEO – SDPB

Finance Officer Amert presented a video from the South Dakota Public Broadcasting regarding Water and Sewer system security. Mr. Amert said that City staff Jeff Fossum and Bill Thorson along with local residents George and Alta Goodman participated in the video.


ADJOURNMENT

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

Meeting adjourned at 9:19 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (October 27, 2003)

GENERAL FUND: Farmers State Bank, 14362.97; First American Bank & Trust, 2890.46, social security; First American Bank & Trust, 1798.36, federal withholding; SDRS, 6513.73, retirement; SDRS SRP, 50.00, supplemental retirement; Cellular One, 100.78, cellular phone service; Prairie Wave, 91.79, telephone service.

LIQUOR FUND: Farmers State Bank, 2796.00; First American Bank & Trust, 551.14, social security; First American Bank & Trust, 330.11, federal withholding; SDRS, 1196.44, retirement; Prairie Wave, 79.62, telephone service.

WATER FUND: Farmers State Bank, 2204.11; First American Bank & Trust, 437.38, social security; First American Bank & Trust, 251.03, federal withholding; SDRS, 1044.85, retirement; SDRS SRP, 7.50, supplemental retirement; Prairie Wave, 45.90, telephone service.

SEWER FUND: Farmers State Bank, 2130.27; First American Bank & Trust, 422.68, social security; First American Bank & Trust, 242.72, federal withholding; SDRS, 1015.71, retirement; SDRS SRP, 7.50, supplemental retirement; Prairie Wave, 45.90, telephone service.

AIRPORT FUND: Prairie Wave, 71.46, telephone service.

BACK TO TOP


 


MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 20, 2003


The Canton City Commission met at City Hall on Monday, October 20, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the October 14, 2003 City Commission meeting as corrected. All ayes, motion carried.


CANTON SENIOR CITIZENS CENTER

Bea Glenn and members of the Canton Senior Citizens Center were present to thank the City for their work at the building this summer. Ms. Glenn asked when the work to install the eavesdrops at the front of the building will be completed. Mayor Van Wyhe said he talked to Public Works Superintendent Palmer Ericksen about having the other work at the building, including the eavesdrops and the grout work in front of the building, still completed this fall before winter sets in. The members were glad to here the news. Mary Dean said that water by the kitchen was coming in the front and entering into the basement.


BARKING DOG

A complaint was received about a barking dog in the East First Street from a member of the Canton Senior Citizens Center. Commissioner Baldwin said that he’d have the Police Department look into the matter.
LETTER FROM CANTON-INWOOD HOSPITAL – HOUSE AT SITE

Finance Officer Amert said a letter from Eric Hilmoe, the Canton-Inwood Hospital Administrator, was received by the City to the status of the home on the property at the Hospital, which is the former home of the Canton Indian Asylum’s administrator. Mr. Amert read the letter to the Commission from Mr. Hilmoe. Commissioner Nelson said that he was concerned that if the house was in such condition as stated by the Hospital, was the Hospital maintaining the house properly. Commissioner Bogue said that he wants to have some public input from the community about the future of the house. Commissioner Baldwin said that he also wants public input from the community and want to see where the growth is needed to move or demolish the house. Commissioner Baldwin said that just to move it for the sake of getting it out of the way is not a good enough reason for him. Commissioner Baldwin said that he’s concern with how the City is spending the tax dollars. Commissioner Baldwin said that we have time and could have a survey sent out in the water bills. Discussion followed.


REAVIS HEISKELL JR.

Reavis Heiskell Jr. was present to discuss last week’s events involving the matter with the building permit for John and Lori Lems at 410 North Wicker Street. Mr. Heiskell said that he did not think the City was right to fine either the Lems’ or him because he asserted the City had given him a building permit. Planning and Zoning Commission Chair Tom Raymon and Deputy Finance Officer Karen Leffler said that he had applied for a building permit and for a conditional use permit, but his were not official until after the conditional use permit hearing. Ms. Leffler said that Mr. Heiskell was told that he could not start until after the conditional use permit was approved. Mr. Heiskell said that he had talked to Planning and Zoning members Tanya Iverson and Mr. Raymon about the building permit and neither raised an objection to him starting. Commissioner Bogue asked Mr. Heiskell if he started before the hearing date. Discussion followed.

Mr. Heiskell said that he did not see any reason for the City to deny the Lems’ their conditional use permit and his building permit met all of the City’s regulation for setbacks and room to build. Mr. Heiskell asked if Tony Neu had been fined for starting early on his detached garage or if the City fined Gerald Menholt since he built his structure before filing any forms with the City. Mr. Raymon said that Mr. Neu had paid an extra amount of money for starting early. Mr. Heiskell said that he sees the City singling him out as the City did last year with junk cars stored on his property. Mr. Heiskell asked if the City was going after Case Van De Stroet for all of the junk cars stored on his rental property right off US Highway 18. Commissioner Bogue said the issue at hand was on the building permit and not with junk cars tonight. Mr. Amert said the City Attorney reached an agreement with the Lems for the Lems to pay a fine of $150 to the City for Mr. Heiskell starting 3 days early on the project.

Vince McKenney said that he agreed with Mr. Heiskell to the fact that the section on detached garages is a “grey area”. Mr. McKenney said that because the structure is separate requires a hearing and a conditional use permit, whereas if the structure was attached, there would be no hearings and no conditional use permit needed. Commissioner Bogue said that issue can be reviewed by City staff after this meeting to see what needs to be changed, but the issue at hand is Mr. Heiskell violating City Ordinances by starting too soon on the project for the Lems. Commissioner Bogue said that the City asked the builder to do something and the City “got the finger for it.” Mr. McKenney said that he’d have started building early also and would have gone to court and asserted he would have won. Mr. McKenney said that City Commission did not ask what the detached garage was to be used for or put any conditions to it, thus making the hearing a farce. Mr. Heiskell said that the Lems had talked to the entire neighborhood and no one objected to the structure. Chuck Andresen of the Planning and Zoning Commission said the City is trying to watch with detached garages for illegal home-based businesses and the old rules have no teeth to them. Further discussion followed.

Mr. Heiskell said that he knew there would have been a problem with the structure or the setbacks; he would not have started building it. Mr. Heiskell said that he did not see the City having any problem with the permit or with the conditional use permit. Mr. Heiskell said the City staff in the office did not sign it or notarized. Ms. Leffler explained the reasons for the Stop Order was not signed or notarized. Mr. Heiskell said that at this time of year, builders can’t stop due to the weather. Mr. Heiskell said that he did hear nor anticipate any objections or any chance of this conditional use permit not being approved. Mayor Van Wyhe said the City of Sioux Falls does stop by and if a person does not have a permit applied for and approved, the City tells them to stop. Mr. Heiskell said that Canton is quite a bit smaller than Sioux Falls to make that kind of comparison.

Mr. Heiskell asked the City to give some equality to the issue and not single out people like him time after time. Mr. Heiskell said that he’d not pay the fine if he was required to. Commissioner Bogue asked how many Stop Work Orders has the City issued. Mr. Amert said to his knowledge, this is the only one this year. Mr. McKenney said the City has put in new rules into place that need to be adjusted. Commissioner Bogue said the City residents can have the chance to put in their point of view. Mr. Heiskell asked again if the City was going to fine Tony Neu over him starting ahead of time. Commissioner Bogue said the issue is with you. Mr. Heiskell said the City is giving special treatment to Mr. Neu over him. Mr. McKenney confidently stated that he could beat the City’s rules in court. Commissioner Bogue asked if the City Commission should meet at all. Mr. McKenney said the City needs to rework the ‘grey area.” Mr. Andresen stated that the City’s issue is with having the contractor start before the City Commission hearing. Mr. Andresen said this is being violated time after time, and who is in charge of handling these matters and enforcing the City Ordinances. Mayor Van Wyhe said the City Attorney has to defend the City in court with the Ordinances that are passed.

Commissioner Bogue said that he agrees to improve or change the City Ordinances, but the issue is with the builder starting too early. Commissioner Bogue said that he wants to back up the City staff and the City Planning and Zoning Commission. Further discussion followed. Commissioner Bogue asked the City staff to see what the City of Sioux Falls does with these kinds of detached garages and see what the City Attorney’s opinion is to clearing up this issue with the City’s Zoning Ordinance. Mr. Andresen said the City of Sioux Falls has a Code Compliance Officer on staff to handle these types of problems. Ms. Leffler said the hearing process gives all of the people affected a chance to express their opinions. Discussion followed, ending with Mr. Heiskell leaving the meeting.
ORDINANCE ON PROPANE TANKS

Planning and Zoning Commission Chair Tom Raymon said that Assistant City Attorney Brenda Ask is looking into what would need to be changed in the City Ordinances in relation to having Propane Tanks inside the City Limits. Mr. Raymon said the Attorney has found issue with the need to follow the 1997 SD Fire Codes to be in proper alignment. Discussion followed.


PUBLIC HEARING – RAILROAD CROSSINGS

Mayor Van Wyhe opened the public hearing for the proposed railroad crossing closings. Mr. Amert said the City story included the date and time for the hearing. No one was present to discuss the issue. Mr. Amert asked the Commission to start deciding on what to ask the railroad for what the City is looking for in exchange for the closing of these crossings. Mr. Andresen raised an issue about having the City work with the State and the BNSF to get some of the Community Development Block Grant (CDBG) monies available. Commissioner Baldwin said the City needs to see what the railroad is willing to offer the City to assist in its decision making process. Mayor Van Wyhe said that once a crossing is closed, it is closed for good.


UPDATE TO UPCOMING 2003 SPECIAL ASSESSMENT LIENS HEARING

Mr. Amert updated the Commissioners about the issue of a street cut for Duane McKee at 206 North Bridge Street. Discussion followed. Mr. Amert said that we should have a good meeting on October 27th.


NUISANCES UPDATE

Mr. Amert said that after a letter was served to Donald Gries regarding his rental property at 316 West Fifth, which the City considers dilapidated, Mr. Amert read a letter from the Gries explaining their position on the rental house and the potential the house may be torn down in the Spring of 2004.


EXTENSION FOR ERMA THOMPSON

Mr. Amert said the original 2 week extension for Erma Thompson at 607 South Cedar is up tonight and he asked if there would be any further extensions in time. After some discussion, motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to extend the extension for 2 more weeks to Ms. Thompson. All ayes, motion carried.

WARRANTS

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


VEHICLES ON STREETS

Commissioner Bogue said that two more vehicles, at 2nd and Milwaukee and 1st and Milwaukee, have been left on the street for more than 72 hours. Commissioner Baldwin said that the Police will look into the matter as they spoke.


DOWNTOWN STREET LIGHTS

Mayor Van Wyhe and Commissioner Bogue said that he has received many compliments about the way the new historic downtown street lights look after they were lit up. Commissioner Bogue said the downtown looks so much warmer and inviting.


TRAVEL REQUEST - WARNOCK

Commissioner Baldwin motioned to send Police Chief Al Warnock to a Management of Small Law Enforcement Agencies workshop from December 1st to the 5th in Watertown. Motion seconded by Commissioner Bogue. Commissioner Baldwin said this is very effective workshop for all small town police chiefs to attend. All ayes, motion carried.


2003 STATE HIGHWAY IMPROVEMENTS PROJECT UPDATE

Finance Officer Amert said the only major detail for the City’s part of the 2003 State Highway Project is getting electricity to the new lift station at US 18 and Riverview Road. Mr. Amert said the City will need to pay Xcel Energy over $8,000 to get the 3-phase power to the new lift station. Discussion followed.

Mr. Amert said the new Hiawatha Drive is open to be driven on. Discussion followed on the new signage for the downtown area for street sweeping and changing the City Ordinance to allow for the time of 2:00 a.m. to 4:00 a.m. on Tuesday morning to clear the streets. Discussion followed on signage on the new Hiawatha Drive.


HOLIDAY LIGHTS

Mr. Amert presented a new quote for holiday decorative lighting with the new street lights in the downtown area. Mr. Amert said the new quote is higher than previous stated, now priced at $5,889. Mr. Amert said the Chamber was very willing to cost share with the City splitting the costs of the lights. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize the City to purchase the holiday street lights and to split the costs with the Canton Area Commerce Association. All ayes, motion carried.


SALES TAX REPORT

Finance Officer Amert reported that through the middle of October, the City’s Sales Tax is up 7.8% over 2002. Mr. Amert also said that the City’s sales tax was even during the 2003 Highway project period from April to October, which is much better than the project 20% decrease expected with the Highway Project work. Mr. Amert said that this is a great credit to the people who support and shop in Canton.


APPROVAL FOR APPRAISAL WORK

Finance Officer Amert said that in conjunction with the proposed Land Water Conservation Fund grants, the City would need to have an appraisal to the land the grant is looking to purchase to expand Chautauqua Park. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to have the City contact an appraisal for to be completed for the City in regards to the LWCF grant application. All ayes, motion carried.


NEW MEMBER TO PLANNING AND ZONING COMMISSION

Tom Raymon of the Planning and Zoning Commission asked to appoint Ryan Townsend to the Planning and Zoning Commission for the open term. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to appoint Ryan Townsend to the Planning and Zoning Commission for the open term. All ayes, motion carried.


BUILDING PERMIT – CITY AIRPORT PROPERTY

Mr. Amert said that the City has on file a building permit for a hanger at the Canton Airport for William Nelson. Mr. Amert said the Planning and Zoning Commission approved the building permit. Mr. Amert explained the permitting process on City property and his conversations with City Attorney Larry Nelson. Mr. Amert said the City’s Airport Board will be working with the City Attorney’s office to work on the lease language along with the land rent prices. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the permit. All ayes, motion carried.


ADJOURNMENT

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

Meeting adjourned at 8:20 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

 

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 14, 2003


The Canton City Commission met at City Hall on Tuesday, October 14, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the minutes of the October 6, 2003 City Commission meeting as presented. All ayes, motion carried. Discussion followed.

Mr. Amert said the September 9th Canton Planning and Zoning Commission meeting for the Commission to review.


EMILY DYKSTRA – DOBERMAN PINSCHER DOG

Emily Dykstra of 713 West Fifth Street was present to discuss the City Ordinance relating to ruling certain breeds of dogs as automatically vicious. Mr. Dykstra said the City Commissioners should have received a letter from the local veterinarian, Brad Peterson. Ms. Dykstra said that that her main concern with the City Ordinance was ruling the dog as automatically vicious without looking first at the owner and the handling of the dog. Mr. Dykstra said that she saw the City Ordinance as short term and short sighted. Ms. Dykstra said the key to this issue is the responsible or irresponsible dog ownership. Ms. Dykstra said the City cannot put in a form of legislation to prevent dog bites. Ms. Dykstra said the Canton Ordinance is different than the Sioux Falls Ordinance mainly because Canton has the automatic vicious listing for Pitbulls, Rottweilers, and Doberman Pinschers. Ms. Dykstra read a portion of Mr. Peterson’s letter to the City in support of Ms. Dykstra. Ms. Dykstra said the real problem is with irresponsible ownership of dogs. Ms. Dykstra said the City shouldn’t punish the responsible owners and make unfair to them to have their pets if it is not a threat to the general public. Ms. Dykstra said she wanted the City to review the issue and its Ordinances again to prevent any discrimination against its residents. Commissioner Baldwin said he was in agreement with Ms. Dykstra on the issue of automatically labeling specific breeds of dogs as vicious. Commissioner Bogue asked City Attorney Larry Nelson where the City sits if a child is attacked and did not enforce its Ordinances or did not have Ordinances in place for this type of problem. Mr. Nelson stated that if the City knew of a problem and did not rectify the situation and the dog attacked, then the City could be liable. Mr. Nelson asked the City Commission to look at the whole picture and look at what animals are dangerous around people and what breeds are not. Commissioner Baldwin asked what the City should do with mix breeds of dogs. Ms. Dykstra said that she received a complaint from the City Police Department about her dog. Police Chief Al Warnock said the City received a complaint from a resident in the area and the City Attorney’s office had the Police deliver Ms. Dykstra the letter. Discussion followed on issues raised by Ms. Dykstra. Commissioner Bogue asked how we protect the other people in town. Mr. Nelson said the City Council at the time acted in the way that was determined to be correct at the time to declare these dogs as vicious. Further discussion followed. Commissioner Baldwin motioned to strike the portion of the City Ordinance that identifies the animals as breed specific and to have the City review the Ordinance for clarification. Motion seconded by Commissioner Bogue. All ayes, motion carried.


7:20 P.M. - CONDITIONAL USE PERMIT HEARING – FLOYD JACOBS

Mayor Van Wyhe opened the hearing for a Conditional Use Permit request for Floyd Jacobs at 114 North Milwaukee for a detached garage. Mayor Van Wyhe read the Planning and Zoning Commission approved the Conditional Use Permit 6-0 with the stipulation that no commercial business activity occur in the detached garage. Commissioner Bogue asked if anyone was present to speak against the Conditional Use Permit. No one spoke against the Conditional Use Permit. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve the Conditional Use Permit 6-0 with the stipulation that no commercial business activity occur in the detached garage. All ayes, motion carried.

Vince McKenney raised questions about requiring a person to get a Conditional Use Permit when they meet all of the setback requirements under City Ordinances. Chuck Andresen of the Planning and Zoning Commission said the new requirement is to prevent a person from starting a business in the detached garage. Mr. McKenney questioned the need for making a detached garage a conditional use permit. City Attorney Larry Nelson said the reason to make detached garages a Conditional Use is to prevent abuses of the building’s use for a business purpose. Commissioner Baldwin said if a person wanted to have a business in the detached garage, they are supposed to file for a Home Occupation Conditional Use Permit. Mr. Nelson said the Conditional Use Permit is lot specific and offers the City a safety valve. Discussion followed. Mr. McKenney asked to City to renew its efforts to keep the properties cleaned up and not bringing in a bunch of junk onto their properties. Further discussion followed.


7:25 P.M. - CONDITIONAL USE PERMIT HEARING – JOHN AND LORI LEMS

Mayor Van Wyhe opened the hearing for a Conditional Use Permit request for John and Lori Lems at 410 North Wicker Street for a detached pole building. Mayor Van Wyhe read the Planning and Zoning Commission approved the Conditional Use Permit 6-0 with the stipulation that no commercial business activity occur in the detached garage and that the builder for the Lems, Heiskell Construction, pay an Administrative Fine for starting work before the Conditional Permit was approved. John Lems said that he thought that he had a building permit and did not know the need for a Conditional Use Permit. Commissioner Bogue asked who was responsible for getting the permits, the builder or the property owner. Chuck Andresen said all of the people involved – owner, builder, an architect or engineer – are responsible. Mr. McKenney said that he thinks the owner is responsible for the building permit. City Attorney Larry Nelson said that in his research, they City can’t make a condition of approving or disapproving a building permit on the issue of an administrative fine. Mr. Nelson said there has been a violation of the City Ordinances and that he’d like to work with the owner or the building to pay a consent fine to the City. Further discussion followed. Commissioner Bogue asked if anyone was present to speak against the Conditional Use Permit. No one spoke against the Conditional Use Permit. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve the Conditional Use Permit 6-0 with the stipulation that no commercial business activity occur in the detached garage. All ayes, motion carried.


ORDINANCE VIOLATION – HEISKELL CONSTRUCTION

Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to authorize the City Attorney to enforce the violation of the City Ordinances by Heiskell Construction. Motion seconded by Commissioner Nelson. Discussion followed on the length of time to be sought for. Commissioner Bogue amended his motion to include that the number of days of violation to be stated as 3 days. Motion seconded by Commissioner Nelson. Ayes 4, Nay 1 - , amended motion approved. Ayes: Baldwin, Bogue, Nelson and Schultz; Nay – Van Wyhe. Vote on original motion – 4 Ayes, 1 Nay, motion carried. Ayes: Baldwin, Bogue, Nelson and Schultz; Nay – Van Wyhe.


CITY ATTORNEY LARRY NELSON – ADMINISTRATOR HOUSE AT CANTON-INWOOD HOSPITAL GROUNDS

City Attorney Larry Nelson was present to explain his thoughts on the proposal by the Canton-Inwood Hospital to move from the City-lased property the former home of the Canton Indian Asylum’s administrator. Mr. Nelson explained the issues relating to the house and the Hospital’s wishes to have it removed from the property and disposed of. Discussion followed on the potential implications of moving the house off of the property. Vince McKenney stated that he understood that all revenues from the property associated with the former Canton Indian Asylum must stay with the grounds. Mr. Nelson said that he was unaware of any stipulation in the Federal lease to the City. Discussion followed on the uses of the facilities by the City.

Former Commissioner Marie Beitzel raised issue with the City appearing to go along with destroying part of the history of Canton by allowing for the moving and/or destruction of the house at its present location. Commissioner Bogue said that he initially did not anticipate any passion or reaction to the house. Ms. Beitzel stated that she was attached to the house due to her long history in the Canton area. Commissioner Baldwin said that house is the last piece of history from the Asylum days. Mayor Van Wyhe asked the Commissioners to think over the implications before making a decision. Commissioner Bogue said that he is sensitive to the history of the Canton area. Ms. Beitzel asserted that she would be in contact with the Bureau of Indian Affairs about the status of the former Administrator’s house and its historical implications.


2003 LIENS LISTING

Finance Officer Amert explained issues with the recently listed special assessment liens hearing coming up on October 13, 2003. Mr. Amert said that the City Commissioners from Daniel Siebenborn about his street cut in front of his property. Mr. Amert explained the contention of David Amundson to his street cut relating to the paving in front his property at 903 North Dakota Street. According to Mr. Amundson, Mr. Amert stated, that at the time of the County’s overlaying project in 1997, the County bypassed his property because he did not have curb and gutter, thus causing the large street cut costs. Mr. Amert said that Mr. Amundson has contested his bill due to this assertion. Mr. Amert asked the Commissioners to look this over before the October 27th meeting.


NUISANCES AND SIDEWALKS

Commissioner Schultz said he talked to Ward Miller’s contractor to install his sidewalks and he has been assured that Mr. Miller’s sidewalk in Christmas Lake would be installed soon. Mr. Amert said that he has received no contact from Tom Schorn about his sidewalk.

Mr. Amert said that one house on the dilapidated houses in Canton was being looked at for either demolition or fire department practice.

Mr. Amert asked the Commissioners their thoughts on how to proceed with the other houses on the dilapidated housing list. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to have City staff proceeds with the next steps involving the list of dilapidated houses in Canton. All ayes, motion carried.

Vince McKenney asked what the City was doing to get rid of the junk and debris around Canton. Mayor Van Wyhe said that Mr. Amert is handling the dilapidated housing issue, while the Canton Police have been working on the nuisance issue. Mr. McKenney said that people who have been on the City’s list are still hauling more junk into town. Commissioner Baldwin said that he’d visit with the Police Department to see what is going on.


SECOG NOTE

Commissioner Schultz said that in the recent SECOG letter, the City of Canton, South Dakota was complimented for going above and beyond the asking for their commitment to the South Eastern Development Foundation.


WARRANTS

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


POST OFFICE REQUEST

Commissioner Bogue said that he wanted contacted by the Canton Post Office about the need to move the group box for Toft’s Trailer Park from its present location to near the end of Cedar Street on the east side of the street. Commissioner Bogue said the Post Office is asking to move it for efficiency purposes. Discussion followed.


TRAVEL REQUEST – ADVANCED DWI SCHOOL

Commissioner Baldwin motioned to send Police Officer Matt Schleuter to an Advanced DWI Training School in Sioux Falls. Motion seconded by Commissioner Nelson. All ayes, motion carried. Discussion followed on the school.


QUOTE – LANDSCAPING WORK AT CITY HALL AND FIRE STATION

Finance Officer Amert said a quote to complete landscaping work at the Canton Fire and Ambulance Station along with City Hall was submitted by Richlawn of Canton. Discussion followed. The Commission asked for other quotes to review before making a final decision.


REQUEST FOR USE OF CITY PROPERTY – VERIZON WIRELESS

Finance Officer Amert said he has been in contact with Jim Nelson, an agent for Verizon Wireless, who is interested in renting space on either the City’s Water Tower or land where Well #10 is at, near Hill’s Convenience Store to help improve cell phone service. Mr. Amert explained the initial conversation with Mr. Nelson, including site needs, a building for power backups and cellular phone equipment, and other necessities. Mr. Amert said Verizon is interested in entering into a lease with the City to improve the Cell Phone service to the Canton area. Commissioners Baldwin and Nelson were more interested in leasing land at the Well #10 site than to allow the use of the City’s Water Tower. Commissioner Schultz said that he appreciates that Verizon has responded and was interested in locating to Canton. Discussion followed. Commissioner Nelson said that he’d need to talk to Water and Wastewater Superintendent Jeff Fossum first before making a final decision.


SET 2004 LIQUOR LICENSING HEARING

Finance Officer Amert asked to schedule the 2004 Liquor Licensing hearing for Monday, November 24th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to schedule the 2004 Liquor Licensing hearing for Monday, November 24th at 7:15 p.m. All ayes, motion carried.


TREE TRIMMING

Mr. Amert said the City staff was not very pleased with the City Commission’s decision to have the City drive around and mark trees that need to be trimmed. After discussion, the Commission asked the City staff to complete the tree trimming drive test.


ADJOURNMENT

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

Meeting adjourned at 8:35 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (October 14, 2003)


GENERAL FUND: Al Warnock, 20.03, SDPCA dues and meal expenses.

LIQUOR FUND: Karen K. Leffler, 72.50, mileage to SDML conference.

WATER FUND: Karen K. Leffler, 36.25, mileage to SDML conference.

SEWER FUND: Karen K. Leffler, 36.25, mileage to SDML conference.

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MINUTES OF CANTON CITY COMMISSION MEETING
OCTOBER 06, 2003


The Canton City Commission met at City Hall on Monday, October 6, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Robert Bogue and Jim Nelson. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Todd Baldwin and Gary Schultz


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.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve the minutes of the September 29, 2003 City Commission meeting as presented. All ayes, motion carried.


SAFETY COURSE TRAINING

Police Chief Al Warnock asked to send Police Officer Bob Hilt to a Safety Course for Child Restraints class in Flandreau from October 14th and 15th. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to send Police Officer Bob Hilt to a Safety Course for Child Restraints class in Flandreau from October 14th and 15th.


STATUS OF SURPLUSED 1997 PD CAR

Finance Officer Amert asked what the City wanted to do with the surplused 1997 PD car that did not receive the minimum bids at the September 29th meeting. Mr. Amert said neither bid met the minimum bid price set by the City at $3,000. After discussion, motion moved by Commissioner Nelson, seconded by Commissioner Bogue to table action for one week. All ayes, motion carried.


ORDINANCE 899 – SECOND READING

Finance Officer Amert presented Ordinance 899 for second reading and adoption. Mr. Amert said during the recent request for a Conditional Use Permit for a home based business, a reference error was found in the updated Zoning Ordinance. Mr. Amert said that with Ordinance 899, the reference error is corrected. Motion moved by Commissioner Nelson to approve second reading and adoption of Ordinance 899. Motion seconded by Commissioner Bogue. All ayes, motion carried.

ORDINANCE NO. 899

AN ORDINANCE AMENDING ARTICLE 9, HOME OCCUPATION RULES AND REGUATIONS 1) 1. AND 4) PERMIT PRODCEDURE OF ORDINANCE NO. 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 9, Section 918, of the Home Occupation Rules and Regulations 1) l. and 4) Permit Procedure of the City of Canton, South Dakota are hereby amended to read as follows:

Section 918 – Home Occupation Rules and Regulations

1) l.) A conditional use permit has been obtained for the home occupation in compliance with Article 12, Section 1202.

4) Permit Procedure. An application for a Home Occupational Conditional Use Permit has been submitted and granted in compliance with Article 10, Section 1001 and Article 12, Section 1202.

Adopted this 6th day of October, 2003.


Pete Van Wyhe
Mayor

ATTEST:

Dan Amert
Finance Officer

First Reading: September 29, 2003
Second Reading: October 6, 2003
Final Passage and Adoption: October 6, 2003
Effective Date: November 19, 2003
Date of Publication October 30, 2003


BUILDING PERMIT – CITY AIRPORT PROPERTY

Mr. Amert said that the City has on file a building permit for a hanger at the Canton Airport for William Nelson. Mr. Amert explained the permitting process on City property. Mayor Van Wyhe asked if the property put onto City property reverts back to the City if the property is left or abandoned. Mr. Amert said that he did not know the answer to that question. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to table the permit for one week. All ayes, motion carried.


SET HEARING FOR 2003 LIENS

Finance Officer Amert asked to set a hearing for outstanding work done by the City of Canton for property owners in Canton. Mr. Amert said the potential liens include street cuts, mowing and tree trimming. Mr. Amert said the potential liens include street cuts, mowing and tree trimming. Mr. Amert asked to set the hearing date for October 27th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to set the hearing date of October 27th at 7:15 p.m. All ayes, motion carried.


NUISANCES AND SIDEWALKS

Mr. Amert said that Deputy Finance Officer Karen Leffler talked to Ward Miller and she had been assured that his sidewalk in Christmas Lake would be installed soon by Kenny Short. Mr. Amert said that he has received no contact from Tom Schorn about his sidewalk.

Mr. Amert said that two more set of documents were being served regarding dilapidated houses in Canton this week.


PETITION TO VACATE PART OF EAST FIRST STREET – KEYSTONE TREATMENT CENTER

Commissioner Bob Bogue, talking for his employer, Keystone Treatment Center, proposed to close a portion of East First Street behind their facility to help facilitate an expansion of their facilities. Mr. Bogue said that Keystone would expand on the northwest corner of their facilities and would encroach onto the right-of-way by 50’, thus the upcoming request to close the portion of the street. Mr. Bogue said that Keystone would move utilities in the right-of-way at their cost, especially a main water line that feeds the east side of Canton, including Fastek Products and Canton-Inwood Memorial Hospital. Mr. Bogue said that he was willing to try to answer any questions about the request. Mr. Bogue said the total cost for the expansion is estimated at $1,000,000, which will add 25 to 35 beds to the facility. Mr. Bogue said that only Keystone uses the road, except for the people who park for baseball games. Mr. Bogue said ending the right of way access would help to prevent access from the north side of their facility and cause other problems. Mr. Bogue said the formal request has been prepared and ready to be acted upon

After discussion, motion moved by Commissioner Nelson, seconded by Commissioner Bogue to authorize the Mayor to join the petition to vacate that portion of the street. All ayes, motion carried. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve Resolution 1101, to schedule the vacation hearing for October 27th at 7:30 p.m. All ayes, motion carried.


WARRANTS

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


MEETING WITH CANTON-INWOOD HOSPITAL ADMINISTRATOR

Commissioner Bogue said that Finance Officer Amert and he met with Eric Hilmoe, the Canton-Inwood Hospital Administrator, and John Schutte of the Canton-Inwood Hospital Board, about the status of the home on the property at the Hospital, which the former home of the Canton Indian Asylum’s administrator. Commissioner Bogue explained the initial thoughts of the house and the Hospital’s wishes to have it removed from the property and disposed of. Former Commissioner Marie Beitzel raised issue with the City appearing to go along with destroying part of the history of Canton by allowing for the moving and/or destruction of the house at its present location. Discussion followed on the potential implications of moving the house off of the property. Commissioner Nelson said that if the house had to be moved, it could be moved and preserved at a location such as at the Canton Depot site. Ms. Beitzel said she hates to see the history of this area torn down and not preserved. Further discussion followed.


HALL RENT AT FIRE STATION

Commissioner Bogue said his other part of the conversation with Canton-Inwood Hospital included coming to an agreement on a rental rate for the use of the new Fire Station to be used for the ambulances and for the Canton-Inwood Ambulance Association. Commissioner Bogue said an agreement shall be coming soon between the City and Canton-Inwood Hospital, including an agreed to rent of $100 per month. Discussion followed.


TRAVEL REQUEST – ELECTION SCHOOL

Commissioner Nelson motioned to send Karen Leffler and Shari O’Connor to the SDML Election School on November 21st in Sioux Falls. Motion seconded by Commissioner Bogue. All ayes, motion carried.


TREE TRIMMING

Mr. Amert said the City’s deadline has passed on having property owners trim their trees. Mayor Van Wyhe asked the City staff to check for tree heights next week. Discussion followed. Karen Leffler, as property manager for Van Woudenberg’s apartments, asked the City not to have her property cut down a dead tree until the spring of 2004. Discussion followed. The Commission authorized to only work on dead or diseased trees in the City right-of-way.


CHRISTMAS LIGHTS

Finance Officer Amert said that the Chamber has a proposal for new decorative Christmas lights in association with the new historic lights downtown. Mr. Amert said the Chamber is proposing 15 new historic lights for every other light. The Commission asked Mr. Amert to talk to the Chamber to look at going with 30 lights and to split the costs with the Chamber.


FLYER

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to authorize the ordering of a full page ad in the upcoming 2003 State Highway project flyer in the Sioux Valley News. All ayes, motion carried.


FALL CLEAN UP DAY

Finance Officer Amert said that some residents have asked if the City was planning to have a Fall Clean Up Day this year. Discussion followed. No decision was made at the meeting.


FIRE PREVENTION WEEK

Mayor Van Wyhe reminded the Commissioners that this week is Fire Prevention Week.


ADJOURNMENT

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

Meeting adjourned at 8:20 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (October 6, 2003)

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 29, 2003


The Canton City Commission met at City Hall on Monday, September 29, 2003 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 Gary Schultz


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.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the September 22, 2003 City Commission meeting as presented. All ayes, motion carried.


ERMA THOMPSON – REQUEST FOR EXTENSION TO HOUSE REMODELLING

Erma Thompson of 820 North Cedar, asked for an extension to the City’s deadline of October 1st to repair her house at 607 South Cedar. Ms. Thompson stated that the house has a new roof and shingling is on-going. The Commission debated how much time to grant Ms. Thompson. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to grant Ms. Thompson a two week extension to October 15th for her house. All ayes, motion carried.


ORDINANCE 899 – FIRST READING

Finance Officer Amert presented Ordinance 899 for first Reading. Mr. Amert said during the recent request for a Conditional Use Permit for a home based business, a reference error was found in the updated Zoning Ordinance. Mr. Amert said that with Ordinance 899, the reference error is corrected. Motion moved by Commissioner Baldwin to approve first reading on Ordinance 899. Motion seconded by Commissioner Nelson. All ayes, motion carried.


TREE TRIMMING

Russ Heggen asked if the City was still planning to hold to the October 1st deadline. Mayor Van Wyhe said that was the intention of the City to go to start tree trimming after October 1st. Discussion followed.


NUISANCES AND SIDEWALKS

Mr. Amert said that Deputy Finance Officer Karen Leffler talked to Ward Miller and he has been assured by Ward Miller that his sidewalk in Christmas Lake would be installed soon by Kenny Short. Mr. Amert said that he has received no contact from Tom Schorn about his sidewalk.


PROPOSAL TO CLOSE PART OF EAST FIRST STREET – KEYSTONE TREATMENT CENTER

Commissioner Bob Bogue, talking for his employer, Keystone Treatment Center, will be proposing to close a portion of East First Street behind their facility to help facilitate an expansion of their facilities. Mr. Bogue said that Keystone would expand on the northwest corner of their facilities and would encroach onto the right-of-way by 50’, thus the upcoming request to close the portion of the street. Mr. Bogue said that Keystone would move utilities in the right-of-way at their cost, especially a main water line that feeds the east side of Canton, including Fastek Products and Canton-Inwood Memorial Hospital. Mr. Bogue said that he was willing to try to answer any questions about the request. Mr. Bogue said the total cost for the expansion is estimated at $1,000,000, which will add 25 to 35 beds to the facility. Mr. Bogue said that only Keystone uses the road, except for the people who park for baseball games. Mr. Bogue said ending the right of way access would help to prevent access from the north side of their facility and cause other problems. Mr. Bogue said that he would present the formal request at next week’s meeting. Discussion followed.


7:15 P.M. – CONDITIONAL USE PERMIT HEARING FOR TONY NEU

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Tony Neu at his rental property at 212 North Cedar. Mr. Neu was applying for a CUP for a detached garage at 212 North Cedar. Mayor Van Wyhe said the Planning and Zoning Commission approved the CUP for Mr. Neu 5-0. Commissioner Bogue asked if anyone was present to speak against the CUP. No one spoke against the CUP. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Conditional Use Permit (CUP) for Tony Neu at 212 North Cedar. All ayes, motion carried.

WARRANTS

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


DOWNTOWN STREET LIGHTS

Commissioner Nelson asked when the street lights would be completely installed. Mr. Amert said the heads for the street lights should be in at the end of next week due to an error with the ordering of the street lights. Discussion followed on issues with the State Highway Project for the remainder of the week.


7:20 P.M. – CONDITIONAL USE PERMIT HEARING FOR NEAL McGILLVRARY

Mayor Van Wyhe opened the Conditional Use Permit (CUP) hearing for Neal McGillvrary at 201 North Blair. Mr. McGillvrary was applying for a CUP for a detached garage. Mayor Van Wyhe said the Planning and Zoning Commission approved the CUP for Mr. McGillvrary 5-0. Commissioner Bogue asked if anyone was present to speak against the CUP. No one spoke against the CUP. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the Conditional Use Permit (CUP) for Mr. McGillvrary. All ayes, motion carried.

Chuck Andresen said the reasoning for having a Conditional Use Permit for a detached garage is to help prevent or catch any secret business operations operating in the detached garage and gives the City the authority to revoke the CUP if necessary.


NUISANCE COMPLAINT – 5TH AND BARTLETT

Finance Officer Amert said that he has contacted John Adler of the State DOT to see who has the authority regarding lines of sight at intersections with State highways. Mr. Amert said that Mr. Adler says the State leaves the lines of sight issue between the municipality and the property. Mr. Amert said the State DOT will get involved if the problem persists and the municipality has no other options at is disposal. Discussion followed. Commissioner Bogue asked how the City could improve the crossing traffic’s safety.


7:25 P.M. – ANNEXATION BY PETITION HEARING FOR CANTON ECONOMIC DEVELOPMENT

Mayor Van Wyhe opened the hearing to allow for the approval of Resolution 1100 for the annexation request by the Canton Economic Development Corporation (EDC). Mr. Amert said all of the documentation for the proposed annexation. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approved Resolution 1100. All ayes, motion carried.
RESOLUTION 1100
RESOLUTION OF ANNEXATION BY PETITION


WHEREAS, the City Commissioners of Canton, SD wishes to provide for development of the City, and;

WHEREAS, the annexation of land will be necessary for development, and;

WHEREAS, a tract has been selected which would be suitable for such annexation, and;

WHEREAS, no less than three-fourths of the legal voters residing in the tract to be annexed have signed a Petition for Annexation, and;

WHEREAS, the requirements for annexation by petition, as stated in Chapter 9-4-1 of South Dakota Codified Laws, have been met.

NOW THEREFORE BE IT RESOLVED by the City Commission of Canton, SD that the following tract described by the following legal description is hereby annexed into the City of Canton, SD:

Tract 2 of McCart’s Addition in the West Half of the Southeast Quarter (W1/2 SE1/4) of Section Fifteen (15), Township Ninety-eight (98) North, Range Forty-nine (49) West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, EXCEPT the East 134’ of the South 247.25’ thereof,

And

The West 33’ of the East 167’ (Except Lot H-1 thereof) of Champlin Tract 1, in the West Half of the Southeast Quarter (W1/2 SE1/4) of Section Fifteen (15), Township Ninety-eight (98) North, Range Forty-nine (49), West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof.
Dated this 29th day of September, 2003.

Pete Van Wyhe, Mayor

ATTEST:
Dan Amert, Finance Officer

7:30 P.M. - BID OPENING FOR SURPLUSED 1997 PD CAR

Mayor Van Wyhe declared this the time and place for the bid opening for the surplused 1997 PD Car. Finance Officer Amert said the City received two bids for the car:

BID #1 Daniel Hanson
Pearsall, Texas

Bid: $1,042.00


BID #2 Keith Nelson
Viborg, South Dakota

Bid: $889.89

Mr. Amert said neither bid met the minimum bid price set by the City at $3,000. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to reject both bids. Ayes 3, Nay 1 – motion carried. Ayes – Baldwin, Bogue, and Nelson; Nay – Van Wyhe. Discussion followed.


GROWTH IN CANTON

Ryan Townsend of 604 South Bartlett asked the City Commission if they were working to bring more people and jobs into Canton. Mr. Townsend said he was surprised by the number of houses in Canton for sale. Commissioner Bogue said Canton has seen more managed growth than the explosive growth seen in Tea and Harrisburg. Mr. Townsend said that Canton is more of a non-bedroom community. Commissioner Baldwin said that Canton has also kept up on its infrastructure needs with water lines, sewer lines and streets. Discussion followed on future growth and development in Canton.


OUTSTANDING PHILANTHROPIC COMMUNITY

Finance Officer Amert announced that Canton was awarded the Outstand Philanthropic Community for South Dakota in 2003 at an awards luncheon in Sioux Falls last week.


MEETING WITH CANTON-INWOOD HOSPITAL ADMINISTRATOR

Finance Officer Amert said that he has been approached by Eric Hilmoe, the Canton-Inwood Hospital Administrator about the status of the home on the property at the Hospital, which the former home of the Canton Indian Asylum’s administrator. Discussion followed in their initial proposal. The Commission directed Mr. Amert to have Mr. Hilmoe meet with the City Commission at the October 14th meeting.


ADJOURNMENT

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

Meeting adjourned at 7:55 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 29, 2003)

GENERAL FUND: Farmers State Bank, 12929.10, payroll; First American Bank & Trust, 2579.40, social security; First American Bank & Trust, 1402.10, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 74.54, Section 125 deductions; SDRS Supplemental Retirement, 50.00, supplemental retirement; WellMark of South Dakota, 4564.59, health insurance; City of Canton – VISA Debit Account, 131.32, postage and meal expenses; Dan Amert – Cash Items, 47.32, meal expenses and postage; Mindy Johnson, 120.00, training fees for Mike Johnson; Prairie Wave, 84.56, telephone for Library.


ADDITIONAL SALES TAX FUND: First American Bank & Trust, 33879.24, payment #2 for Fire Station building promissory note.


LIQUOR FUND: Farmers State Bank, 2810.15, payroll; First American Bank & Trust, 554.60, social security; First American Bank & Trust, 330.63, federal withholding; Fortis Benefits, 22.75, life insurance; FSA Section 125, 5.50, Section 125 deductions; WellMark of South Dakota, 967.03, health insurance.


WATER FUND: Farmers State Bank, 2064.83, payroll; First American Bank & Trust, 417.76, social security; First American Bank & Trust, 234.96, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.71, Section 125 deductions; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.92, health insurance; City of Canton – VISA Debit Account, 13.13, meal expenses; Dan Amert – Cash Items, 18.49, meal expenses and postage.


SEWER FUND: Farmers State Bank, 2046.53, payroll; First American Bank & Trust, 411.04, social security; First American Bank & Trust, 231.25, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.25, Section 125 deductions; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.91, health insurance; Dan Amert – Cash Items, 2.44, postage.


AIRPORT FUND: First American Insurance, 393.00, hail insurance for farm land.


GENERAL LEDGER: WellMark of South Dakota, 489.07, health insurance.

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 22, 2003


The Canton City Commission met at City Hall on Monday, September 22, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the September 15, 2003 City Commission meeting as presented. All ayes, motion carried.


JACK QUEEN – SCRAP MATERIALS

Jack Queen was present to propose scraping out the materials at the Canton Rubble Site for $25 per ton in scrap and $30 per ton for iron. Mr. Amert said the City has TJN Enterprises pick up the materials for the City. Mr. Amert said the materials may earn the City about $300 per year. Water and Wastewater Superintendent Jeff Fossum asked if Mr. Queen would give the City the same price if the markets went down. Mr. Queen said his price is dependent on the scrap markets. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to take the proposal under advisement. All ayes, motion carried.


CITY ATTORNEY LARRY NELSON – TITLE TO BEHR HEAT TRANSFER SYSTEMS PROPERTY

City Attorney Larry Nelson was present to discuss with the Commission the clearing up of the issue with the title to the property to Behr Heat Transfer. Mr. Nelson explained that the City in 1976 worked with McCord’s to issue $2,000,000 in Industrial Revenue bonds for the building of the building that now houses Behr Heat Transfer Systems, and held the title to the property as collateral for the bonds. Mr. Nelson said that Behr has paid the Industrial Revenue bonds, but the City has not found the proper party to work with to properly return the title from the City to Behr Heat Transfer. Mr. Nelson said that after working three different attorneys and bond counsel for Behr, the City has the documents in place to formally Quick Claim Deed the property back to Behr. Mr. Nelson requested to have the City Commission approve a motion to authorize the Mayor to sign the Quick Claim Deed for the property. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to have the City Commission approves a motion to authorize the Mayor to sign the Quick Claim Deed for the property for Behr Heat Transfer Systems. All ayes, motion carried.


EXECUTIVE SESSION

City Attorney Larry Nelson requested the Commission to enter into 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 7:08 p.m.
Mayor Van Wyhe ended Executive Session at 7:18 p.m.


CONTINUATION OF CONDITIONAL USE PERMIT REQUEST (HOME OCCUPATION) – STACY ALFSON

Mayor Van Wyhe continued the Conditional Use Permit hearing for Stacy Alfson at 503 East First Street for a day care center. Finance Officer Amert said that the City Attorney’s opinion is to deny the initial request for Ms. Alfson and to request her to reapply in the future and to follow all of the steps needed to be approved for a conditional use permit. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to deny the Conditional Use Permit for Ms. Alfson and to request her to reapply and to follow all of the steps needed to be approved for a conditional use permit. All ayes, motion carried.


CONTINUATION OF VARIANCE REQUEST – VERLA FELDMAN

Mayor Van Wyhe continued the variance request for Verla Feldman at 405 East Fourth Street for new garages to Nutter Apartments. Mayor Van Wyhe asked the contractor on the project, Vince McKenney, about what was the status on the variance. Mr. McKenney said the property owners are still negotiating at this time and no decision has been made. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table the variance request for 3 more weeks, to October 14th. All ayes, motion carried.

NUISANCE UPDATE

Finance Officer Amert said the City has received a report from Housemaster about the inspection conducted at 415 West Fifth Street (Kay Jones), as requested by the City Commission. Mr. Amert said a copy of the report was sent on to Mr. Jones for his review. Mr. Amert said that he has been in contact with Don Baldwin regarding his property at 415 West 6th and Mr. Baldwin has assured him that the issues the City has had with his property will be taken care very close to the October 1st deadline. Mr. Amert said that work has been progressing on 607 South Cedar, owned by Erma Thompson, to rehabilitate the house. Mr. Amert said that some work has been done at Bill Morgan’s house at 6th and Johnson.

Mr. Amert said the City will be preparing to submit requests for four other properties in Canton for Inspection Warrants with the Court system due to a lack of cooperation from the property owners.


ALLOW FREE DUMPING FOR TREE TRIMMING

Mayor Van Wyhe entertained a motion to allow for free dumping of tree branches at the Canton Rubble Site during the tree trimming period. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to allow for free dumping of tree branches at the Canton Rubble Site during the tree trimming period. All ayes, motion carried.

Vince McKenney asked if this tree trimming period also included dead trees. Mayor Van Wyhe said yes. Mr. McKenney said there are a dangerous number of dead trees around Canton. Discussion followed.


SIDEWALKS DEADLINE

Commissioner Schultz asked if Ward Miller and Tom Schorn have been contacted about the upcoming deadline to install the sidewalk onto their properties. Mr. Amert said that he has been in contact with Mr. Miller about the sidewalks and he has assured him the sidewalks would be installed by the October 1st deadline. Mr. Amert said that Mr. Schorn has not responded to his requests about the sidewalks.


NUSIANCE ISSUES

Commissioner Bogue said he appreciates the black trailer parked on East Lynn Street has been moved. Commissioner Bogue asked the Police Department to check into the matter of a large boat parked in on East Third Street. Commissioner Bogue said the issue with the tree braches on East Maple has also been taken care of.

MIKE PEDERSON - NUISANCE COMPLAINT

Commissioner Bogue asked if there was any news to the issue with the corner of 5th and Bartlett involving Mike Pederson’s property. Finance Officer Amert said that he has contacted the State DOT to see who has the authority regarding lines of sight at intersections with State highways.


SET CONDITIONAL USE PERMIT HEARING – JACOBS

Mayor Van Wyhe read a Conditional Use Permit request from Floyd Jacobs at 114 North Milwaukee for a detached garage. Mr. Amert asked to set a hearing date of Tuesday, October 14th at 7:20 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to
set a hearing date of Tuesday, October 14th at 7:20 p.m. All ayes, motion carried. Vince McKenney questioned the need for a Conditional Use Permit for a detached garage. Discussion followed.


SET CONDITIONAL USE PERMIT HEARING – JACOBS

Mayor Van Wyhe read a Conditional Use Permit request from John and Lori Lems at 410 North Wicker for a detached pole building. Mr. Amert asked to set a hearing date of Tuesday, October 14th at 7:25 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to
set a hearing date of Tuesday, October 14th at 7:25 p.m. All ayes, motion carried.


REQUEST TO CLOSE STREET – CANTON SCHOOLS

Mayor Van Wyhe read a request from Jim Jibben, principal of EO Lawrence Grade School, requested to close 4th Street from Broadway to Main for the Canton High School Homecoming Parade on October 3rd. Discussion followed on the opening of 5th Street for the Homecoming Parade and for the need to keep the detour going on 4th Street. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve closing 4th Street from Broadway to Main with the provision of making sure the area is not needed for the detour route. All ayes, motion carried.


REQUEST FOR VARIANCE TO SEWER REGULATIONS – TIM LONGSTAFF

Tim Longstaff at 717 East Second Street was present to discuss a request for a variance from the City’s Sewer regulations requiring the installation of a backflow preventor onto his house. Mr. Longstaff said that his request is due to the error in the City’s maps of where his sewer line was located at, causing him an extra expense to repair his sewer line. Mr. Longstaff said due to the City map error, he has lost 48 square feet onto his addition. Mr. Longstaff said that if he installs the backflow preventor, he’d request a waiver to the term “accessible” to the backflow preventor to make it work at his house. Commissioner Nelson said the standard location of a backflow preventor is either outside of the house in a pit or box, or inside the house in an accessible location. Mayor Van Wyhe said this was required at the Canton Fire and Ambulance Station. Commissioner Nelson said the problem with Mr. Longstaff’s sewer is that the service line goes across the next door neighbor’s property. Water and Wastewater Superintendent Jeff Fossum said there are a few odd cases like Mr. Longstaff’s where the sewer is located incorrectly on the City maps. Mr. Longstaff said he incurred extra costs to repair his sewer line due to this error of the City. Commissioner Bogue said the City code requires the installation of the backflow preventor. Mr. Longstaff said that he is willing to take the risk of not having the backflow preventor on his house. Commissioner Baldwin asked if the City has granted variances like the one Mr. Longstaff is requesting. Mr. Fossum said no. Mr. Fossum said the City is more stringent than the State on requiring the installation of the backflow preventor. Commissioner Bogue said he doesn’t want to see the City put into a bad position and doesn’t want the City in a position for property owners to come after the City for its actions. Discussion followed on the possible locations for the backflow preventor. Mr. Fossum said the City asks for accessibility due to the backflow preventor failing and for general maintenance of it. Commissioner Baldwin asked if the City could prove if a backflow preventor has been installed. Mr. Longstaff said that he sees a slim chance of a backup to his property. Mayor Van Wyhe said that every one follows the rules. Mr. Longstaff said that he had hoped the City would offer a compromise due to the inaccurate maps to his sewer service. Commissioner Nelson said something has to be done with it. Mr. Longstaff said putting the preventor outside in a pit would be functional obsolescence. Commissioner Baldwin asked what would be the size of the pit. Mr. Fossum said the size to allow a person to get into the pit. Commissioner Baldwin asked about the accessibility issue. Mr. Longstaff said that he is concerned with the inconsistencies with Mr. Fossum’s opinion. Commissioner Bogue asked Mr. Longstaff not to question the abilities of Mr. Fossum. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to deny the variance request of Mr. Longstaff and to require him to install the backflow preventor as stated in City code.

Mr. Longstaff asked before the City Commissioners voted to request that if he needs to install an outside pit to have time to get a contractor to install it. Mr. Longstaff said he may need 2-3 months to complete this pit. Commissioner Bogue said that was not a matter of this Board. Discussion followed. The Commission directed Mr. Fossum to work with Mr. Longstaff to have the issue resolved in a proper amount of time.


SEVERSON V. CITY V. PAUL

Finance Officer Amert said the legal case between Karen Severson and the City and former Police Chief Jesse Paul has been settled and will not involve a court case. Mr. Amert said the City’s insurance company handled the case for the City.


PROPERTY PINS ISSUE – RUSS WHITE

Finance Officer Amert said that Dennis White, the property owner at the NE corner of Sanborn and South Park Lane, has asked for permission to use one property pin on his property and four other in adjacent properties to determine his lot lines. After discussion, the Commission agreed to allow Mr. White to obtain his property dimensions if they account for the City’s right-of-way.


ECONOMIC DEVELOPMENT

Mr. Amert presented a report from Todd Meierhenry about thinking about Economic Development in the Sioux Falls area.


HEALTH INSURANCE REPORT

Finance Officer Amert reported on the changes to the City’s Health Insurance, including the cost increases in rates to Canton. Mr. Amert said that he has compiled a listing of what Canton pays and covers versus similar size cities in South Dakota. The Commission asked for more information on what the similar size towns about the plans they offer.


AMBULANCE ASSOCIATION INCOME STATEMENT

Mr. Amert said that the Canton-Inwood Ambulance Association dropped off the most recent Income Statement for their organization. Discussion followed on the Ambulance’s operations.


DEPOT GRANT

Mr. Amert said letters for the Depot Grant have been sent out to comply with the provisions of the Federal Grant to the City.


RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to call for a recess. All ayes, motion carried.

Recess began at 8:25 p.m.
Recess ended at 8:37 p.m.


2004 BUDGET – DISCUSSION OF REVENUES AND EXPENSES

Finance Officer Amert said that he first wanted to review the different facets of the 2004 City of Canton Budget. Mr. Amert said that the estimates for General Property Tax Revenues will be higher due to an increase of growth in property values and the 1.6% increase in inflation. Discussion followed. Mr. Amert explained other changes in the General Fund, including areas of increases and projected expenditures. Further discussion followed. Finance Officer Amert said that with the budget changes presented earlier, the City is short about $81,000. Discussion followed on options the City has to balance the budget. Commissioner Nelson motioned to balance the 2004 City of Canton Budget by taking ½ of the $81,000 deficit from the Second Penny Sales Tax and the other ½ from the Video Lottery Income. Motion seconded by Commissioner Bogue. All ayes, motion carried.


2ND READING OF ORDINANCE 898 – 2004 APPROPRIATIONS ORDINANCE

Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve Ordinance 898 on 2nd Reading and Adoption with the aforementioned motion. All ayes, motion carried.

ORDINANCE 898
2004 APPROPRIATIONS ORDINANCE

AN ORDINANCE ADOPTING the 2004 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 2004 BUDGET
REVENUES

General Property Taxes 814,684.00
General Sales Tax 350,000.00
Tax Deed 0.00
Penalties and Interest 1,500.00
Licenses and Permits 17,710.00
Federal Intergovernmental Funds 0.00
State Intergovernmental Funds 86,150.00
County Intergovernmental Funds 17,000.00
County in Lieu of Taxes 1,100.00
Charges for Goods and Services 68,855.00
Fines and Forfeits 5,000.00
Miscellaneous Revenue 20,000.00
Donations and Grants 3,100.00
Solid Waste Fees and Charges 14,520.00
Other Financing Sources 0.00

TOTAL GENERAL FUND REVENUES 1,399,619.00


GENERAL FUND - EXPENDITURES

GENERAL GOVERNMENT 2004 BUDGET

City Commission 13,435.00
Contingency 0.00
Mayor 3,360.00
Elections 920.00
City Attorney 11,200.00
Finance Office 87,420.00
General Government Buildings 46,810.00

TOTAL GENERAL GOVERNMENT 163,145.00

PUBLIC SAFETY

Police 319,850.00
Volunteer Fire Department 61,700.00
Rabies and Animal Control 10,550.00
Rescue Services 11,250.00

TOTAL PUBLIC SAFETY 403,350.00

PUBLIC WORKS

Highway and Streets 287,969.00
Street Lights and Stop Lights 45,800.00
Snow Removal 72,765.00
Street Cleaning 29,700.00
Solid Waste - Rubble Site 41,145.00
Weed Control 600.00
Recycling Center 0.00

TOTAL PUBLIC WORKS 477,979.00

CULTURE AND RECREATION

Recreation 27,340.00
Swimming Pool 74,900.00
Tennis Court 0.00
Parks and Park Areas 121,250.00
Library 132,691.00
Economic Development & Assistance 21,066.00

TOTAL CULTURE AND RECREATION 377,247.00

TOTAL GENERAL FUND EXPENDITURES 1,421,721.00
TOTAL GENERAL FUND REVENUES 1,399,619.00

GENERAL FUND BALANCE (22,102.00)

Transfer to the Airport Fund (18,950.00)
Transfer from the Liquor Fund (Lottery Income) 41,052.00

GENERAL FUND BALANCE 0.00


ADDITIONAL SALES TAX FUND
(SECOND PENNY SALES TAX) 2004 BUDGET

REVENUES

Second Penny Sales Tax Revenues 260,000.00

TOTAL ADDITIONAL SALES TAX REVENUES 260,000.00

EXPENDITURES

Machinery and Equipment 33,250.00
Reseal/Resurfacing Streets 41,051.00
Bond Principal Payments 112,805.00
Bond Interest Payments 22,715.00
Debt Service Costs 0.00

TOTAL ADDITIONAL SALES TAX EXPENDITURES 209,821.00

Surplus Revenues Retained for Future Projects 50,179.00

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


DEBT SERVICE FUND 2004 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 2004 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 2004 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 2004 BUDGET


REVENUES

Municipal Liquor Store Sales 197,900.00
Other Store Purchases and Markups 442,050.00
Video Lottery Income 110,000.00

TOTAL LIQUOR FUND REVENUES 749,950.00


EXPENDITURES

Municipal Liquor Store 288,755.00
Other Store Purchases 404,500.00
Video Lottery Expenses 250.00

TOTAL LIQUOR FUND EXPENDITURES 693,505.00

Transfer to the General Fund (41,052.00)
Surplus Revenues Retained 15,393.00

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


WATER FUND 2004 BUDGET

REVENUES

Metered Water Sales 430,000.00
Other Water Revenues 20,050.00
Water Improvements Reserve 20,000.00

TOTAL WATER FUND REVENUES 470,050.00

EXPENDITURES

Water Sources of Supply, Pumping & Purify 167,525.00
Water Billing 32,545.00
Water Improvements Reserve 20,000.00
Water Distribution 154,520.00
Water Administration 95,530.00

TOTAL WATER FUND EXPENDITURES 470,050.00

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


SEWER FUND 2004 BUDGET

REVENUES

Sewer Charges 340,000.00
Other Sewer Revenues 17,600.00

TOTAL SEWER FUND REVENUES 357,600.00


EXPENDITURES

Sewer Collection and Disposal 297,726.00
Sewer Billing 32,000.00

TOTAL SEWER FUND EXPENDITURES 329,726.00

Estimated Surplus Revenues Retained for Future Construction 27,874.00

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


AIRPORT FUND 2004 BUDGET

REVENUES

Farmland Rental 4,700.00
Crops and Other Revenues 11,750.00

TOTAL AIRPORT FUND REVENUES 16,450.00


EXPENDITURES

Airport Operations 60,400.00

TOTAL AIRPORT FUND EXPENDITURES 60,400.00

Appropriation from Reserves 25,000.00

Transfer from General Fund 18,950.00

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


WATER DEPOSITS 2004 BUDGET

REVENUES – WATER DEPOSITS 5,500.00

EXPENDITURES – WATER DEP REFUNDS 3,800.00

Estimated Revenues Retained in Trust 1,700.00

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: $ 798,684.00
For Debt Service purposes: $ 33,310.00

Dated at Canton, South Dakota this 22nd day of September, 2003.


The City Commissioners of the
City of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert, Finance Officer

First Reading: September 8, 2003
Second Reading and Adoption: September 22, 2003
Publishing Date: October 2. 2003
Effective Date: October 22, 2003


WEST NILE SPRAYING

Chuck Andresen asked if the City was planning to add the larvacide equipment to the 2004 budget. Mayor Van Wyhe said that money was added into the Parks budget for the larvacide equipment. Discussion followed on the aspects of the City’s spraying program.


RAILROAD NEGOTIATIONS

Finance Officer Amert said that he has been in contact with Lynn Leibfried of the Burlington Northern Santa Fe (BNSF) about what the City was doing with closing railroad crossings. Mr. Amert said the BNSF wants the City to begin to compile a proposal for the BNSF to consider. Discussion followed.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to call for an Executive Session for personnel reasons. All ayes, motion carried.

Recess began at 8:58 p.m.
Recess ended at 9:26 p.m.


ADJOURNMENT

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

Meeting adjourned at 9:27 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 15, 2003


The Canton City Commission met at City Hall on Monday, September 15, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the September 8, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the minutes of the August 26th Planning and Zoning Commission meeting along with the minutes of the April 29th, June 17th, and July 15th Canton Airport Board meetings were in front of the Commissioners to review.


BOY SCOUTS

Alan Holman and Matt Huber were in attendance at the City Commission meeting to earn a merit badge for Boy Scouts. Mayor Van Wyhe thanked Mr. Holman and Mr. Huber for attending the meeting.


LETTER FROM VERIZON – VINCE McKENNEY

Vince McKenney presented a letter from his contact with Verizon Wireless about the issue of cell phone service in Canton. Mr. McKenney said the letter basically states the problem and that they are working to improve service in Canton, but did not set a specific date. Finance Officer Amert asked for permission to send letters from the City to his contacts with Cellular One and Verizon Wireless. The Commission agreed to Mr. Amert’s request.


TOM MILLER – NUISANCES

Tom Miller, a City Council member in Hudson, South Dakota, was present to discuss how Canton was handling the issue of nuisances. Mr. Miller said that Hudson wants to better enforce their ordinances, but have run into problems with non-cooperative property owners. Commissioner Baldwin said that in Canton, the City has used a police officer to help with nuisance enforcement, but that any person appointed by the City could oversee nuisance enforcement. Commissioner Baldwin said that the only requirement for the person is that they are a registered voter living in Canton and the person does not have to be a police officer. Commissioner Nelson asked how the City of Hudson was able to move Dale Hawe out of their town some years ago. Mr. Miller said the key issue with Mr. Hawe was that he was not living in Hudson at the time the City moved against him. Commissioner Baldwin stated that the City is working some on dilapidated housing, but has ordinances in place with the procedures. Commissioner Bogue said the City did work on the Gas Light Trailer Park to enforce the dilapidated housing issue in the Park. Commissioner Baldwin said that the City was brought fully into the issue with Gas Light when the City’s Health Officer was asked to inspect the properties and the Health Officer considered the properties to be uninhabitable. Commissioner Baldwin recommended to Mr. Miller to work with their City Attorney to enforce their nuisance ordinances. Commissioner Baldwin said the City staff does the leg work, while the City Attorney leads the City through the legal issues. Mr. Miller asked if Canton places fines on a property. Commissioner Baldwin said the maximum fine for a City violation is $200 per day and that has to go through the courts system. Commissioner Schultz said the City of Canton has been the most highly successful in this matter to date. Mr. Miller said that in Hudson, the nuisances are running rampant. Commissioner Baldwin advised Mr. Miller that the board should be on 100% with nuisance enforcement. Discussion followed.


MIKE PEDERSON – NUISANCE COMPLAINT

Former City Commissioner Mike Pederson said that the City Police Officer contacted him about a complaint about his trees at his property (224 West Fifth). Mr. Pederson asked how the City was proceeding on this complaint. Mr. Pederson said that if they preceded against him that he’d file enough complaints to saddle the City for a very long time. Mr. Pederson said that in the 1995 State Highway project, 16 feet of his right-of-way was taken for the highway and that has brought the issue of lines of sight with his property more in focus. Mr. Pederson asked the Commissioners how he could improve things at his corner, with the safety light installed in front of his property. Mr. Pederson provided photos of the intersection for the Commissioners to review. Mr. Pederson said the kids crossing US Highway 18 at the intersection of 5th and Bartlett should be taken care of first. Mr. Pederson said that he does not see a crossing person at that intersection at all of the necessary times needed to assist the kids. Commissioner Nelson said that he sees the crossing guard all of the time in the morning hours. Mr. Pederson stated that he lost 16’ of his property in 1995 and with the crossing light, causes the situation that exists now in front of his property. Commissioner Schultz asked if he received a letter or a stop by from the City. Mr. Pederson said that the officer was nice about the matter, but that he wanted to know what the City was planning to enforce with his corner. Commissioner Bogue said that he saw no problems with coming off of Bartlett if the drivers take their time. Commissioner Bogue said that he was further concerned with the speed of traffic along US 18 now and especially when the project is completed. Discussion followed.


SIDEWALKS – PAUL GARBERS

Paul Garbers of 1016 Angel Lane was present to further discuss the matter of forcing him to install sidewalk onto the north side of his property in the Christmas Lake Subdivision. Mr. Garbers was present, he said, not to argue the issue, but wanted to know from each of the Commissioners why they voted to approve forcing him to install sidewalk. Commissioner Baldwin stated that he voted the last time for Mr. Garbers to install sidewalk because the City thinks the sidewalk should be there and the State grants to Cities the authority to require the installation of sidewalk. Commissioner Nelson said he voted because the City has in place the requirement for sidewalks in new subdivisions such as Christmas Lake. Mr. Garbers said that all he has heard from the City are different excuses for requiring him to install the sidewalk. Mr. Garbers asked the Mayor and other Commissioners why they voted to require him to install sidewalk and the City ignores other parts of the City where safety is a serious issue. Commissioner Nelson asked what Mr. Garbers’ hang-up with installing the sidewalk was. Mr. Garbers asserted that he did not have any hang-ups. Mayor Van Wyhe stated that he believed Mr. Garbers did have a hang-up. Commissioner Bogue asked Mr. Garbers that if he believes that he has been wronged to take the City to court and have a judge make the decision. Commissioner Baldwin stated that all City ordinances could be contested in court. Commissioner Bogue said the situation may not appear to be fair to Mr. Garbers, but that is they way it goes. Mayor Van Wyhe said the City is trying to enforce the rules. Mr. Garbers asked if all new construction over the past six years have been required to install sidewalks. Mr. Garbers asked why the City was more concern with his sidewalk on his property than in other areas of Canton that pose a greater risk to kids in the community. Mr. Garbers suggested using the $13,200 the City was planning to use from the Second Penny Sales to install 5 new historic lights by First American Bank & Trust and the Garden of Eat’n to install the sidewalks by E.O. Lawrence School and by City properties in Canton. Mayor Van Wyhe said the City planned to bid the sidewalks on City properties with its curb & gutter and ADA corners project in the spring of 2004 to get a better price that way. Mr. Garbers asked about the other areas of Canton since the Subdivision Ordinance was in place and the City did not enforce the installation of sidewalks. Discussion followed. Mr. Garbers said that in the recommendations of “Strive to Thrive”, the USF group studying Canton last spring stated the City needed to improve sidewalks. Mr. Garbers also stated the City has not done what it has needed to enforce the sidewalks issue since the passing of the Subdivision Ordinance in 1976. Mayor Van Wyhe said the City has now passed an Ordinance that requires new sidewalk with all new houses built in Canton. Mayor Van Wyhe said that some variations will need to be made. Mr. Garbers stated that he believes he is being penalized for buying new ground in Canton with this sidewalk requirement. Mr. Garbers stated that nothing was stated at the time he purchased the property that he would be required to install sidewalk onto his property or at the time a building permit was issued. Mr. Garbers said that he was unclear what the City’s Subdivision Ordinance required for sidewalks. Further discussion followed on sidewalk requirements. Commissioner Nelson said if he was required to install sidewalk onto his property, he’d be happy to comply. Mr. Garbers asked Commissioner Nelson why doesn’t he just go ahead and do it. Commissioner Nelson said that at time the house was built, the City did not require sidewalks, thus no sidewalk was built. Mr. Garbers said the City needs to follow its Ordinances completely or no one would follow any. Mike Pederson asked what the City changed on enforcing sidewalks. Mayor Van Wyhe said the City now requires sidewalks with all new construction and houses. Mr. Pederson said the sidewalk issue has been a nemesis of the City for the past 30 years. Mr. Garbers said the City should enforce the other properties that are building new houses with sidewalks. Commissioner Baldwin said the City will be enforcing the Ordinance. Mr. Garbers left the meeting, stating the City is looking for excuses not to enforce the Ordinance.


DEAN LIBRA – CANTON AIRPORT ISSUES

Dean Libra, Manager of the Canton Airport, was present to discuss some of the recent questions raised by the City Commissioners about the operations at the Airport and was willing to discuss these matters.


WELCOME TO CANTON AREA AND MEMORIAL

Mr. Libra said that first, the Canton Airport Board and the local VFW group are working to create a “Welcome to Canton” area and Memorial, with flags, lights and a retired US Military plane at the City property near US Highway 18 and Riverview Road. Finance Officer Amert asked how much property would be needed for the Welcome area and Memorial. Mr. Libra estimated that the property needed for this Welcome and Memorial may take 1 acre of property to properly develop. Mr. Libra said this is in the planning stages, but he wanted to seek the City’s thoughts on the proposal. The Commission was willing to listen to the proposed Welcome area and Memorial. Mr. Libra said that he would keep the Commission informed and submit proper drawings as this project proceeds forward.


CANTON AIRPORT OPERATIONS – HANGER BUILDINGS, LAND RENTS AND FUEL SOLD

Mr. Libra asked the City Commissioners if they would be willing to help fill in a low area where a flyer from Harrisburg is willing to erect a new hanger building at the Canton Airport. Commissioner Schultz asked how much fill would be needed to help with the project. Mr. Libra stated that he estimated 20 loads of fill would be needed.

Commissioner Bogue asked if the Canton Airport Board was willing to look at raising the land rents at the Canton Airport from the present .03/acre to the more common .10/acre in the area gradually over a few years time. Mr. Libra said that this would raise his own rental costs, but would support the raising of rental rates. Mr. Libra said the Federal Aviation Administration (FAA) requires airports like Canton to charge land rents that are close to the going rates in their area. Commissioner Bogue suggested that the Canton Airport Board look at what other local airports charge for land rents.

Commissioner Bogue said that he was questioned some time ago about the type of fuel sold at the Canton Airport was not appropriate for most planes. Mr. Libra said that he sells the proper type of fuels except for jet fuel. Mr. Libra said that the high octane gas he sells would work in almost all private planes.


CANTON AIRPORT – SKYDIVERS ISSUE

Commissioner Bogue said that the issue of the relocation of the South Dakota Skydivers and the unwillingness of the Canton Airport to attract them and make Canton their home base was raised at last week’s meeting. Mr. Libra went over the entire process of the Canton Airport trying to have the Skydivers locate from Marv Skie Airport near Lennox to Canton. Mr. Libra said that he sent many hours trying to work with the South Dakota Skydivers to locate in Canton, including terms for leasing space and using the facilities. Mr. Libra also explained the problems he had encountered with the South Dakota Skydivers previously using the Canton Airport and their disregard for using the facilities. Mr. Libra said that in discussing the South Dakota Skydivers using the Canton Airport, the Skydivers were concerned with liability issues, including at the time the Ostrich farm located close to the Airport. Mr. Libra stated that the Canton Airport did all that we could to encourage the South Dakota Skydivers to locate in Canton, and the South Dakota Skydivers were interested in locating in Canton. Mr. Libra said that Luverne, Minnesota was more interested in having the Skydivers locate there and were offered a good deal from the City of Luverne for use of facilities. Commissioner Baldwin said he appreciated the information about the issue with the South Dakota Skydivers. Mayor Van Wyhe said that he appreciates that the Canton Airport is trying to help bring business into the Canton area.


CANTON AIRPORT – RIVERVIEW ROAD

Mr. Libra asked what plans are there to re-open Riverview Road to help get traffic back onto US Highway 18. Mr. Libra said that the owners of the dirt road north of Fifth Street in between Riverview and Noid Roads are not allowing traffic to use the road at this time, thus forcing traffic to go one mile north and around to get back into Canton. The Commission asked City staff to contact the General Contractor on the US Highway 18 project to see what can be done.


CANTON AIRPORT – 2004 BUDGET REQUEST

Mr. Libra was present to answer questions about the need for $25,000 for the engineering work to be completed at the Canton Airport in 2004. Mr. Libra said the report will tell the City and the State what needs to be accomplished at the Airport, from no work to a milling and overlay to complete reconstruction. Mr. Libra said the State is estimating the future project between $600,000 and $700,000, with 6% being matched by the City. Mr. Libra said the estimated $25,000 of engineering costs is counted toward the match. Mr. Libra said the engineering work needs to be completed before any future work at the Airport is completed. Mr. Libra said the standard time for an overlay at an Airport is 10 years. Mr. Libra said that along with runway work, the project would also improve the lighting system at the Airport that is often repaired each year due to gophers. Further discussion followed.


CANTON AIRPORT – INSTRUMENT APPROACH STUDY

Mayor Van Wyhe asked where the Canton Airport was with the Instrument Approach study. Mr. Libra said the FAA recently made test landings by the Canton Airport in conjunction with study and the Airport Board is waiting for the study report from the FAA. Commissioner Bogue asked Mr. Libra if he expected to see businesses and private people begin to locate from the Tea Airport to the Canton Airport. Mr. Libra stated that he is expecting to see some relocation in the future due to the crowding of business at Tea. Commissioner Nelson asked what can be done to make the Canton Airport better able to handle more traffic. Mr. Libra stated that he could see more activity in both Corporate and General Use at Canton, but he also said a solution to this issue is to have one general airport serving this part of Lincoln County, in joint sponsor or cooperative effort of the County or the local communities. Mr. Libra said the greatest disadvantage is the cost for the private people located at Tea to move their buildings to a new joint airport further away. Commissioner Baldwin said that he sees Lincoln County married to the Tea airport’s location. Mr. Libra stated that the joint group should be buying the land now to make sure the land is available in the future. Mr. Libra said that he knows of some cities or other governmental entities that have worked together for a new airport. Further discussion followed.


MEETING WITH LINCOLN COUNTY

Finance Officer Amert informed the City Commissioners on his meeting with the Lincoln County Commissioners about working together to extend the road behind Canton-Inwood Hospital to gain better access to the Lincoln County Fairgrounds. Mr. Amert said the Commissioners were receptive to the idea of working together, but asked for more information, including cost estimates and other related issues. Mr. Amert said that he’d keep the Commissioners updated.


HOME OCCUPATION CONDITIONAL USE PERMIT - ALFSON

Commissioner Schultz asked what the City Attorney determined on the issues surrounding the Home Occupation Conditional Use Permit for Stacy Alfson at 503 East First. Mr. Amert said the City Attorney’s opinion is to have Ms. Alfson start over with the Home Occupation Conditional Use Permit application due to the fact she did not post the signage properly. Discussion followed.

HOUSING INSPECTION

Mr. Amert said the next inspection on housing would be completed at 415 West Fifth Street on Wednesday, September 17th by Housemaster of Sioux Falls.


WARRANTS

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


NOTIFICATION OF LOTTERIES

Mayor Van Wyhe read a notice from the local Ducks Unlimited chapter to host lotteries during their upcoming Ducks Unlimited banquet in Canton in October.


TRAVEL REQUEST – POLICE DEPARTMENT

Commissioner Baldwin motioned to send Police Officer Rick Miller and Tim Walburg to an Intermediate Accident Investigation class from October 14th to October 17th in Pierre. Motion seconded by Commissioner Bogue. All ayes, motion carried.


PATROL CAR – ENGINE PROBLEMS

Commissioner Baldwin reported that the 2001 Police Car’s engine has failed due to the timing chain coming off. Commissioner Baldwin reported that to replace the engine will cost $4,500 to fix. Commissioner Baldwin said there may need to make changes to the 2004 Police Budget since the repairs to the 2001 will be proceed ahead and give the City more time to recoup its costs. Discussion followed.


RECESS

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

Recess began at 8:41 p.m.
Recess ended at 8:46 p.m.

PARKED TRAILER

Commissioner Bogue said he received some comments on a black trailer parked on East Lynn Street that could be a real safety hazard due to its size and black color. Commissioner Bogue asked the Police Department to check into the matter and have the trailer moved off of the street.


WEST NILE SPRAYING

Mr. Amert, asking for Public Works Superintendent Palmer Ericksen, asked to allow the City to spray for mosquitoes on Tuesday, September 16th rather than Thursday, September 18th due to the chance of rain showers. The Commission agreed to the request.


BEHR TITLE

Finance Officer Amert received documentation from the City Attorney’s office relating to the clearing of an issue with the title to the property at Behr Heat Transfer Systems. The City has been holding the title to the property since the original project was funding with Industrial Revenue bonds issued by the City. Since Behr has completed paying off the Industrial Revenue bonds, the City is to turn over the title to the property to Behr. Mr. Amert said the City has been working off and on for four years to have this matter cleared up, but to no success. Mr. Amert said City Attorney Larry Nelson would be present to discuss the matter at the September 22nd meeting.


2004 BUDGET – DISCUSSION OF REVENUES AND EXPENSES

Finance Officer Amert said that he first wanted to review the Sales Tax Report for the City through August. Mr. Amert said the City is still up nearly 10% on the Sales Tax income coming in from both General and Second Penny Sales Tax over 2002. Mr. Amert said that he is amazed about the Sales Tax levels, but did notice smaller increases in July and August, where there is greater affect from the 2003 State Highway project, but is still positive for the entire time. Discussion followed.

Finance Officer Amert, reviewed different facets of the 2004 City of Canton Budget. Mr. Amert said that the estimates for General Property Tax Revenues will be higher due to an increase of growth in property values and the 1.6% increase in inflation. Discussion followed. Mr. Amert explained other changes in the General Fund, including areas of increases and projected expenditures. Further discussion followed. Finance Officer Amert said that with the budget changes presented earlier, the City is short about $50,000. Discussion followed on options the City has to balance the budget.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to call for an Executive Session for personnel reasons. All ayes, motion carried.

Recess began at 9:07 p.m.
Recess ended at 9:31 p.m.


ADJOURNMENT

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

Meeting adjourned at 9:32 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 15, 2003)

GENERAL FUND: Farmers State Bank, 14598.97, payroll; First American Bank & Trust, 2944.30, social security; First American Bank & Trust, 1731.36, federal withholding; AFLAC, 685.34, insurance premiums; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 73.78, Section 125 premiums; Landmark Dental, 148.69, dental insurance; New York Life, 40.00, life insurance premiums; Pre-Paid Legal Services, 111.66, insurance premiums; SDRS, 4541.60, retirement; SDRS SRP, 50.00, supplemental retirement; Active Data Systems, 155.36, MP cartridge for Library; Alco Discount Store #210, 69.81, supplies and film; Aramark Uniform Services, 106.37, uniform services and towel maintenance; Baker and Taylor, 1073.21, books for Library; Boyer Ford Trucks, 15.37, parts for truck #17; Canton Food Center, 12.67, supplies for Library; Connecting Point Computer Center, 104.94, pen scanner for Library; Continential Research Corporation, 71.00, shop supplies; Dakota Fertilizer and Chemical, 246.00, roundup chemicals for application; Dakota Riggers and Tool Supply, 170.30, shop tools; Demco, 95.69, supplies for Library; Eastern Farmers Cooperative, 38.64, dog food; Flack Signs, 250.00, sign rental on I-29; Frieberg, Zimmer, Duncan and Nelson LLP, 399.50, attorney fees; Gaylord Brothers, 317.62, supplies for Library; Graham Tire Company, 15.00, tube and parts; Grainger, 4.04, tripper for Tennis courts; Haisch Pharmacy, 8.48, supplies; Heartland Paper Co., 59.42, supplies for Library; James Heimdal, 125.00, lifeguard training fees; Hoffman Oil Company, 19.00, pipe for Rescue Truck; Jerry’s Appliance Service, 154.50, Freon removal; Junior Library Guild, 143.40, books for Library; KB’s True Value, 111.61, parts and supplies; Kruse Building Center, 40.37, wood and supplies; Law Enforcement Systems, 41.00, evidence tags; Lawson Products, 217.33, shop supplies; Lexis Nexis, 8.58, SDCL law book updates; MidAmerican Energy Co., 59.90, natural gas; Mobile Electronic Service, 190.00, reinstall video camera to PD car; NAPA, 1089.22, parts and supplies; NSP, 4200.54, electricity and street lights; Office Max, 463.35, office supplies and manual printing costs; One Call Systems, 19.83, utility locates; Postage-Iris Schultz, 63.57, postage costs; Prairie Wave, 588.79, telephone and internet services; Price’s Tractor Services, 41.05, tank for parks mower; Pump N Pak, 7.40, gas for fire tanker #2; Quality Office Products, 13.92, office supplies; Qwest, 225.00, telephone services; RDO Equipment, 230.15, parts and repairs to equipment; Ron’s Motor and Radiator, 36.00,, sharpen chains; RR#1 Services, 84.50, mat and mop maintenance; Sanitation Products, 1780.40, parts for #29 sweeper and 6 new dumpsters; Matt Schleuter, 10.00, caught dog; SD Federal Property Agency, 179.63, shop and office supplies; SD Library Association, 145.00, SDLA conference fees; SD State Library, 10.00, annual dues for Nelson; Sioux Falls Humane Society, 10.00, received cat from pound; Splash and Dash Car Wash, 98.50, washing PD cars; Sturdevant’s Auto Supply, 58.25, parts and supplies; Scott Swanson, 50.00, mowing at 906 West Fifth; Syverson Tile, Inc., 7.95, tile and grout cleaner; Triple R Paving, 1197.37, cement work on South Lincoln Street with SRF project; Van’s Rubbish Removal, 177.00, garbage service.


STATE REVOLVING FUND LOAN PROJECT FUND: Triple R Paving, 1197.37, cement work on South Lincoln Street with SRF project.


LIQUOR FUND: Farmers State Bank, 2765.57, payroll; First American Bank & Trust, 544.78, social security; First American Bank & Trust, 322.32, federal withholding; AFLAC, 14.67, insurance premiums; Colonial Insurance, 6.98, insurance premiums; FSA Section 125, 5.69, Section 125 premiums; Landmark Dental, 14.75, dental insurance; Pre-Paid Legal Services, 7.63, insurance premiums; SDRS, 767.10, retirement; Aramark Uniform Services, 53.05, towel maintenance; Canton Food Center, 184.94, pop supplies and promotional food supplies; Chexcel, 1.00, check inquiry fees; Culligan Water Conditioning, 42.51, water conditioning and salt; KB’s True Value, 15.93, parts and supplies; MidAmerican Energy Co., 16.43, natural gas; RR#1 Services, 183.70, cleaning supplies, mat and mop maintenance; Van’s Rubbish Removal, 177.00, garbage service.


WATER FUND: Farmers State Bank, 2366.91, payroll; First American Bank & Trust, 476.98, social security; First American Bank & Trust, 279.87, federal withholding; AFLAC, 67.04, insurance premiums; Colonial Insurance, 13.89, insurance premiums; FSA Section 125, 10.14, Section 125 premiums; Landmark Dental, 36.93, dental insurance; Pre-Paid Legal Services, 30.81, insurance premiums; SDRS, 831.26, retirement; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 40.64, uniform services; Boyer Ford Trucks, 7.69, parts for truck #17; Continential Research Corporation, 35.50, shop supplies; Dakota Fertilizer and Chemical, 82.00, roundup chemicals for application; Dakota Riggers and Tool Supply, 85.15, shop tools; Dakota Supply Group, 1160.42, pipe and supply parts; Graham Tire Company, 7.50, tube and parts; Grainger, 132.02, fuses for water wells; Haisch Pharmacy, 14.16, supplies; KB’s True Value, 24.96, parts and supplies; Kruse Building Center, 70.27, wood and supplies; Lawson Products, 108.67, shop supplies; Lite Electric, 65.95, electrical work at well #6; MidAmerican Energy Co., 29.90, natural gas; NAPA, 152.92, parts and supplies; NSP, 556.24, electricity; Office Max, 35.48, office supplies; One Call Systems, 25.08, utility locates; Postmaster, 17.85, postage from Corporate Account; Quality Office Products, 6.20, office supplies; Qwest, 345.00, telephone services; RDO Equipment, 115.08, parts and repairs to equipment; SD Federal Property Agency, 62.81, shop and office supplies; Sturdevant’s Auto Supply, 20.78, parts and supplies; Van’s Rubbish Removal, 5.00, garbage service.


SEWER FUND: Farmers State Bank, 2033.75, payroll; First American Bank & Trust, 410.68, social security; First American Bank & Trust, 243.60, federal withholding; AFLAC, 62.89, insurance premiums; Colonial Insurance, 12.81, insurance premiums; FSA Section 125, 7.39, Section 125 premiums; Landmark Dental, 35.11, dental insurance; Pre-Paid Legal Services, 29.30, insurance premiums; SDRS, 770.33, retirement; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 40.64, uniform services; Boyer Ford Trucks, 7.69, parts for truck #17; Continential Research Corporation, 2349.35, shop supplies and sewer treatment chemicals; Dakota Fertilizer and Chemical, 82.00, roundup chemicals for application; Dakota Riggers and Tool Supply, 85.15, shop tools; Eastern Farmers Cooperative, 166.52, chemical application at lagoons; Graham Tire Company, 7.50, tube and parts; KB’s True Value, 19.68, parts and supplies; Kruse Building Center, 40.37, wood and supplies; Lawson Products, 108.67, shop supplies; MidAmerican Energy Co., 3.93, natural gas; NAPA, 65.45, parts and supplies; Office Max, 35.48, office supplies; One Call Systems, 19.84, utility locates; Quality Office Products, 6.20, office supplies; RDO Equipment, 115.08, parts and repairs to equipment; SD Federal Property Agency, 62.81, shop and office supplies; Sturdevant’s Auto Supply, 7.79, parts and supplies; Van’s Rubbish Removal, 5.00, garbage service.


AIRPORT FUND: Libra Air, 1125.00, manager’s fees; Sturdevant’s Auto Supply, 68.67, battery and supplies;


BACK TO TOP


 


MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 8, 2003


The Canton City Commission met at City Hall on Monday, September 8, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the minutes of the September 2, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the August 15th Planning and Zoning Commission meeting was in front of the Commissioners to review.


SAM ENEBOE

Sam Eneboe and his father Eric Eneboe were present for the City Commission meeting. Sam Eneboe was here to earn a merit badge for Boy Scouts. Mayor Van Wyhe thanked the Eneboes for attending the meeting.


RESCHEDULE BID OPENING – 1997 PD CAR

Finance Officer Amert said that due to an error in publishing the notice, he asked to reschedule the bid opening on the surplused 1997 Police Car to September 29th at 7:30 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to reschedule the bid opening on the surplused 1997 Police Car to September 29th at 7:30 p.m. Commissioner Bogue asked where the City got the $3,000 minimum price on the car. Commissioner Nelson said that is the estimated NADA “Blue Book” price.


SIDEWALK NOTICES

Finance Officer Amert said that letters were sent and phone calls were attempted to the three property owners in question about their upcoming October 1st deadline for installing sidewalk onto their property. Discussion followed.


SET HEARING FOR PETITION – CANTON ECONOMIC DEVELOPMENT CORPORATION

Mayor Van Wyhe read a request by the Canton Economic Development Corporation to petition property into the City Limits of 71.9 acres into the City. Finance Officer Amert asked to set a hearing to hear the petition for annexation for September 29th at 7:25 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to set a hearing to hear the petition for annexation for September 29th at 7:25 p.m. All ayes, motion carried. Discussion followed on the future request once the property is annexed into the City is to re-zone the property from A-1 into I-2 (General Industrial). Commissioner Nelson asked if the Development Corporation has an access road into the property from the south. Mr. Amert said that the Development Corporation has a north-south access road in between the two properties abutting US 18. Discussion followed on a grant funding received by the Canton Economic Development Corporation.


HOUSING INSPECTIONS

Commissioner Schultz asked if the City has called for the inspection of 415 West Fifth Street. Mr. Amert said that he was trying to tag another house onto their visit, but was still working to get those accomplished.


FOLLOW UP – EASTERN FARMERS COOPERATIVE COMPLAINT

Commissioner Schultz asked if there has been any response to the letter received from Upper Plains Contracting. Mr. Amert said he sent a copy of the response letter to Eastern Farmers, but has not been contacted as yet.


WATERING RESTICTIONS

Commissioner Schultz asked if there was any need to restrict water use at this time in Canton. Commissioner Nelson said that he visited with Water Superintendent Jeff Fossum and he has been assured there no need for place restrictions on at this time. Further discussion followed.


WARRANTS

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


COMPLAINT RECEIVED – SCHOOL CROSSWALK ON US 18

Commissioner Bogue said that he received a complaint from Mike Pederson about how the Canton School District has been handling having a crosswalk person at 5th and Bartlett only part of the time. Commissioner Bogue said that Mr. Pederson also raised a concern with the issue of lines of sight at that particular crossing. Finance Officer Amert said that the City helps pay for part of the costs for the crossing guard each year in conjunction with the School District. The Commission asked Finance Officer Amert to contact the School District to find out the issues that Mr. Pederson had risen with Commissioner Bogue. Discussion followed on better signage at that intersection.


7:15 P.M. – HOME OCCUPATION CONDITIONAL USE PERMIT HEARING – STACY ALFSON

Mayor Van Wyhe opened the Home Occupation Conditional Use Permit for Stacy Alfson at 503 East First Street. Mayor Van Wyhe said the Conditional Use Permit is for a daycare at the house. Finance Officer Amert said the City has received a complaint to the Conditional Use Permit from Jason Harris, the owner of record of the house, stating his objections to the Conditional Use Permit based on his ownership of the house. Planning and Zoning Commission Chair Tom Raymon said that initially the Planning Commission approved the Home Occupation Conditional Use Permit, but since they received the letter from Mr. Harris, they have decided not to approve the request from Ms. Alfson. Mayor Van Wyhe asked how much power does Mr. Harris has to say in this matter because of the status on the property. Motion moved by Commissioner Bogue to table the matter for 2 weeks. Motion seconded by Commissioner Baldwin. All ayes, motion carried.


7:20 P.M. – VARIANCE HEARING – VERLA FELDMAN

Mayor Van Wyhe opened the Variance Hearing for Verla Feldman (Nutter Apartments) at 405 East Fourth Street. Planning and Zoning Commission Chair Tom Raymon requested for the Planning Commission to table the variance request for two weeks to allow matters of a property sale between Ms. Feldman and the adjoining property, Ms. Eva Vickerman to be completed before the variance hearing goes forward. Motion moved by Commissioner Bogue to table the matter for 2 weeks. Motion seconded by Commissioner Baldwin. All ayes, motion carried.

SET CONDITIONAL USE PERMIT HEARING – NEAL McGILLVRARY

Mayor Van Wyhe read a Conditional Use Permit hearing for Neal McGillvrary for a storage shed on his property at 201 North Blair. Finance Officer Amert asked to set the Conditional User Permit hearing for September 29th at 7:20 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set a Conditional Use Permit hearing for Neal McGillvrary at 201 North Blair for September 29th at 7:20 p.m. All ayes, motion carried.


DRAWDOWN #3 – CLEAN WATER AND DRINKING WATER SRF LOANS FOR 2003 STATE HIGHWAY PROJECT

Finance Officer Amert said the drawdown requests #3 from the City’s Clean Water and Drinking Water SRF loans are ready to be submitted to the City Commission. Mr. Amert explained the expenses for the present project, including engineering and project costs. Mr. Amert said the total draw downs from the two SRF loans equal $252,541. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to authorize the Mayor to sign the Drawdown #3 from the City’s Clean Water and Drinking Water SRF loans. All ayes, motion carried.


STATE REQUEST – FUTURE ECONOMIC DEVELOPMENT GOALS

Finance Officer Amert said the State has sent out a worksheet for the Commissioners to work on regarding the future of economic development in South Dakota.


CELL PHONE SERVICE LETTERS

Mr. Amert presented two drafts of letters to Verizon and Cellular One informing them of the problems with cellular phone service in the Canton area.


MEETING WITH COUNTY COMMISSIONERS

Finance Officer Amert said that he would be meeting with the County Commissioners to discuss the County assisting the City with building the gravel road extension at the end of the new Hiawatha Drive to behind Canton-Inwood Memorial Hospital. Discussion followed on other projects cost shared between the City and the County.


CITY SALES TAX REPORT

Finance Officer Amert said that through the end of July, the City was up about 10% on the income coming in from both General and Second Penny Sales Tax over 2002. Discussion followed.


2004 BUDGET – DISCUSSION OF REVENUES AND EXPENSES

Finance Officer Amert, as proscribed in State Law, initially presented the 2004 City of Canton Budget at the September 2, 2003 meeting. Mr. Amert said that the Budget is divided into 3 sections – Revenues, Expenses and Ordinance 898, the 2004 Budget Ordinance. Mr. Amert explained the estimates for Revenues in all funds, especially discussing the increases in Property Taxes and General Sales Tax. Discussion followed. Mr. Amert explained each department in the General Fund, including areas of increases and projected expenditures. Further discussion followed. Mr. Amert reviewed the Expenses section of the 2004 Budget. Mr. Amert explained the estimates for expenses each department in the General Fund and all funds, including areas of increases and projected expenditures. Further discussion followed. Finance Officer Amert said that with the budget is in better condition than in 2003, but is still short about $86,000. Mr. Amert asked to approve Ordinance 898, the 2004 Budget Appropriations Ordinance, on First Reading. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to approve Ordinance 898 on first reading. All ayes, motion carried.


ADJOURNMENT

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

Meeting adjourned at 8:23 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 8, 2003)

GENERAL FUND: The Road Guy Construction Co., 74182.00, Payment #1 on 2003 Seal Coating Project.

ADDITIONAL SALES TAX FUND: MidAmerican Leasing Co., 8311.18, lease payment for 2002 Fire Truck.

STATE REVOLVING FUND LOAN PROJECT FUND: Upper Plains Contracting Inc., 234496.32, payment #6 on SRF project.

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MINUTES OF CANTON CITY COMMISSION MEETING
SEPTEMBER 2, 2003


The Canton City Commission met at City Hall on Tuesday, September 2, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to approve the minutes of the August 25, 2003 City Commission meeting as presented. All ayes, motion carried.


PAY REQUEST #1 – 2003 SEAL COATING PROJECT

Mayor Van Wyhe read that Payment #1 for the 2003 Seal Coating Project was in front of the City to be approved. Finance Officer Amert said the City Engineer prepared the documentation and reviewed the quantities listed. Mayor Van Wyhe said the payment amount was for $74,182. Commissioner Nelson asked if the amount to be paid covered the blocks of streets anticipated. Commissioner Bogue said that in last year’s budget request that the $70,000 was sufficient to cover the amount of streets for 2003. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to authorize the Mayor to sign the documentation and approve Pay Request #1. All ayes, motion carried.


PAY REQUEST #6 – 2003 SEAL COATING PROJECT

Mayor Van Wyhe read Payment #6 for the 2003 SRF State Highway Project was in front of the City to be approved. Finance Officer Amert said the City Engineer prepared the documentation and reviewed the quantities listed. Mayor Van Wyhe said the payment amount was for $234,496.32 for payment. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to authorize the Mayor to sign the documentation and approve Pay Request #6 for the SRF Project. All ayes, motion carried.


SET CONDITIONAL USE PERMIT HEARING – TONY NEU

Mayor Van Wyhe read a request for a Conditional Use Permit hearing for Tony Neu at his rental property at 212 North Cedar. Mayor Van Wyhe said the Conditional Use Permit was to move a garage from his house at 225 North Main to his rental property at 212 North Cedar. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to set a Conditional Use Permit hearing for Mr. Neu for Monday, September 29th at 7:15 p.m. All ayes, motion carried.


SIDEWALKS – INFORMATION FROM CITY ATTORNEY

Finance Officer Amert presented information from the City Attorney on the process to enforce the City’s Sidewalk Ordinance. Mr. Amert said there are 3 properties have been given until October 1st to complete the installation of the sidewalk or the City would proceed to have the sidewalk is installed and assessed to the property. Mr. Amert read the information provided by the City Attorney’s office about the handling the installation of the sidewalk, including the passing of resolution, set a bid opening date and accepting the bids. Commissioner Nelson said that he doesn’t want to be bullied by these residents about installing the sidewalks. Commissioner Schultz said that he wants to resolve this issue and have the sidewalks installed. Commissioner Baldwin agreed with Commissioner Schultz, but wanted to have this completed in a neighborly manner. The Commission, after further discussion, asked Finance Officer Amert to send out communications to the property owners in question, reminding them of the upcoming deadline and their need to complete installation of the sidewalk. Commissioner Baldwin said the City was not jumping the gun or changing the rules. Further discussion followed.


RESPONSE LETTER – UPPER PLAINS CONTRACTING AND H & W CONTRACTING

Finance Officer Amert said response letters from Upper Plains Contracting and H & W Contracting to the City’s request to review two separate cuts to Eastern Farmers Cooperative’s private communications lines in April 2003. Mr. Amert said both letters state they followed the South Dakota One Call guidelines in this situation.


WARRANTS

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


COMPLAINT RECEIVED

Commissioner Bogue said that he received a complaint from John Anderson about the condition of the property next to his property on North Kidder Street. Commissioner Bogue asked City staff to send communications to the property owner.


BID-WELL - ISSUE WITH RAILROAD CROSSINGS

Mayor Van Wyhe said he received a call from Jack Lease, the plant manager for Bid-Well in Canton, stating their continued opposition to closing Main Street as a selected railroad crossing to be closed. Mayor Van Wyhe said that Mr. Lease reiterated that closing Main would cut their facilities off from each other and make production very difficult to continue.


WATER USEAGE

Commissioner Nelson said that he discussed the water issue with Water Superintendent Jeff Fossum and there is at this time, no need to place any water restrictions on the water customers of Canton. Commissioner Nelson said that all of the City wells are up and running and can meet the City’s needs.


VANDALISMS AND BREAK-INS IN CANTON

Police Chief Al Warnock informed the Commission about a recent set of vandalisms and break-ins in the northwest part of Canton over the Labor Day weekend. Discussion followed.


2004 BUDGET – DISCUSSION OF EXPENSE REQUESTS

Finance Officer Amert, as proscribed in State Law, initially presented the 2004 City of Canton Budget meeting. Mr. Amert said that the 2004 Budget he would discuss this evening was the Expenses section of the 2004 Budget. Mr. Amert explained the estimates for expenses each department in the General Fund and all funds, including areas of increases and projected expenditures. Further discussion followed.


RECESS

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

Recess started at 8:30 p.m.
Recess ended at 8:37 p.m.


2004 BUDGET – FURTHER DISCUSSION OF EXPENSE REQUESTS

Finance Officer Amert continued discussion of the Expenses section of the 2004 Budget. Mr. Amert explained the estimates for expenses each department and in all funds, including areas of increases and projected expenditures. Further discussion followed. Discussion followed about the requests from the Airport Board for the Airport Fund. Further discussion followed.


ADJOURNMENT

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

Meeting adjourned at 8:56 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (September 2, 2003)

GENERAL FUND: Farmers State Bank, 19756.12, payroll; First American Bank & Trust, 3860.70, social security; First American Bank & Trust, 2221.72, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 75.00, Section 125 deductions; SDRS Supplemental Retirement, 50.00, supplemental retirement; WellMark of South Dakota, 4564.58, health insurance; AFLAC, 12.50, Section 125 fees; Aramark Uniform Services, 106.04, uniform services and towel maintenance; Bid-Well, 343.20, beams for new scoreboards; Brown and Saenger, 41.67, office supplies; Cellular One, 97.10, cellular phone services; City of Canton, 82.92, water/sewer bills; City of Canton Visa Account, 752.38, fire department education materials and cell phone costs; Daktronics, 300.00, service call on scoreboards; Dan Amert-Cash Items, 2.58, postage; Davis Typewriter, 93.05, copier maintenance; Gall’s, 58.48, clothing expense for PD; Gary’s Gun Shop, 683.00, ammunition for PD; Grainger, 108.84, shop supplies; ICMA, 40.40, books for Finance Office; Linweld, 24.57, tank rentals for Shop; Neal’s Towing Service, 45.00, towing during Seal Coating project; NSP, 1837.07, electricity; Peltier’s Collision Center, 35.00, towing during Seal Coating project; Prairie Wave, 52.61, telephone service; Quality Office Products, 26.00, office supplies; Qwest, 47.91, telephone service; Tom Raymon, 17.00, mowing at 409 South Lincoln; RR#1 Services, 65.00, mat and mop maintenance; SD Department of Health, 96.00, lab testing fees; SD Municipal League, 170.00, SDML convention fees and directory book; SD State Treasurer, 199.45, sales tax payment; Sioux Valley News, 865.00, publishing and printing statements; Van Diest Supply Company, 12142.40, new sprayer equipment and mosquito chemicals; Zee Medical Service Co., 40.87, medical supplies; Zomer Plumbing and Heating, 43.35, repairs to bathrooms at City Hall.


STATE REVOLVING FUND LOAN PROJECT FUND: DeWild Grant Reckert and Associates, 3209.02, engineering fees for SRF project.


LIQUOR FUND: Farmers State Bank, 2718.69, payroll; First American Bank & Trust, 532.44, social security; First American Bank & Trust, 304.14, federal withholding; Fortis Benefits, 22.25, life insurance; FSA Section 125, 5.53, Section 125 deductions; WellMark of South Dakota, 967.03, health insurance; AFLAC, 3.13, Section 125 fees; Aramark Uniform Services, 55.31, towel maintenance; Beal Distributing, 23299.64, beer purchases; Carlson Distributing, 6376.65, beer purchases; City of Canton, 59.56, water/sewer bill; Coca-Cola, 190.20, pop and pre-mix supplies; Dakota Beverage, 7342.00, beer purchases; Johnson Brothers Famous Brands, 2326.15, liquor and malt beverage purchases; Kraft Pizza Company, 29.10, food supplies; NSP, 526.71, electricity; Prairie Wave, 50.39, telephone service; Queen City Wholesale, 374.80, supplies and cigarettes; RR#1 Services, 73.50, mat and mop maintenance; Russ Miller-Cash Items, 115.66, maintenance, food supplies and promotional food; SD Municipal League, 37.50, SDML convention fees; SD State Treasurer, 791.16, sales tax payment; Sioux Valley News, 37.22, publishing; Sodak Distributing Company, 2787.88, liquor and malt beverage purchases; Spotlight Entertainment, 275.00, karaoke fees.


WATER FUND: Farmers State Bank, 3046.02, payroll; First American Bank & Trust, 610.62, social security; First American Bank & Trust, 390.74, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.06, Section 125 deductions; SDRS Supplemental Retirement, 7.63, supplemental retirement; WellMark of South Dakota, 900.93, health insurance; AFLAC, 4.69, Section 125 fees; Aramark Uniform Services, 40.64, uniform services; City of Canton Visa Account, 1.61, postage costs; Dakota Supply Group, 487.73, clamps and gaskets; Dan Amert-Cash Items, 14.03, meal expense and other supplies; Davis Typewriter, 46.53, copier maintenance; Good-Land Pump Service, 4286.55, repairs to water well #1 and #6; Grainger, 54.42, shop supplies; Hawkins Chemical, 1672.84, chlorine and chemicals; Linweld, 12.29, tank rentals for Shop; NSP, 2525.22, electricity; Postmaster, 17.85, postage from Corporate Account; Prairie Wave, 26.30, telephone service; Quality Office Products, 19.47, office supplies; SD Department of Health, 68.00, lab testing fees; SD Municipal League, 18.75, SDML convention fees; Zee Medical Service Co., 20.44, medical supplies.


SEWER FUND: Farmers State Bank, 3127.46, payroll; First American Bank & Trust, 626.20, social security; First American Bank & Trust, 406.49, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.41, Section 125 deductions; SDRS Supplemental Retirement, 7.37, supplemental retirement; WellMark of South Dakota, 900.91, health insurance; AFLAC, 4.68, Section 125 fees; Aramark Uniform Services, 40.64, uniform services; City of Canton Visa Account, 1.61, postage costs; Dan Amert-Cash Items, 14.02, meal expense and other supplies; Davis Typewriter, 46.52, copier maintenance; Good-Land Pump Service, 1632.41, repairs to sewer lift station; Grainger, 54.42, shop supplies; Linweld, 12.29, tank rentals for Shop; NSP, 568.49, electricity; Prairie Wave, 26.30, telephone service; Quality Office Products, 19.46, office supplies; Qwest, 45.30, telephone service; SD Municipal League, 18.75, SDML convention fees; Zee Medical Service Co., 20.44, medical supplies.


AIRPORT FUND: City of Canton, 14.00, water bill; Steve Ebright, 166.80, work on Airport tractor; NSP, 61.83, electricity; Prairie Wave, 35.81, telephone service.


GENERAL LEDGER: WellMark of South Dakota, 489.07, health insurance.

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MINUTES OF CANTON CITY COMMISSION MEETING
AUGUST 25, 2003


The Canton City Commission met at City Hall on Monday, August 25, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Nelson to approve the minutes of the August 18, 2003 City Commission meeting as corrected. All ayes, motion carried.


EAGLE SCOUT CANDIDATE

Evan Doyle was present at the City Commission meeting to earn a badge toward becoming an Eagle Scout. Mayor Van Wyhe and the Commissioners welcomed Mr. Doyle to the City Commission meeting.


FUTURE RAILROAD CROSSING MEETING

Finance Officer Amert asked if the Commissioners had thought further about a date for a second meeting regarding railroad crossings in Canton. Commissioner Nelson said that he has been considering a second date and wanted the Board to look at after the 2004 budget is set, particularly the middle of October. Commissioner Nelson said that Police Chief Al Warnock took a great set of pictures of the crossings last week. Commissioner Bogue said that he wanted to see if the SD DOT would be willing to give up some lands to either donate land to the City for use by the City or for other access roads around the railroad tracks. Commissioner Bogue said that he’d like to have all parties reconsider look at closing Main instead of Broadway. Commissioner Schultz said that he didn’t think Bid-Well plant manager Jack Lease would not consider reconsidering the issue. Commissioner Nelson said he’d like to have the meeting re-advertise and promote the second meeting. Commissioner Bogue said the City may ask for pedestrian or small equipment crossing at the vehicle traffic closed intersections. Chuck Andresen said that to his knowledge, that would be unlikely. Commissioner Bogue discussed his wishes for closing any of the crossings in Canton, including potential help with a second access road from Toft’s Trailer Court and trading land for a closed crossing. Commissioner Bogue said that he’d like the City not to blow an opportunity. Mr. Andresen said the prices the State quoted for rail and lighting was correct. Commissioner Bogue said the City needs to put a list together to take to the BNSF and the State to begin the negotiation process. Commissioner Nelson said there is a lot of work ahead before the second public hearing on railroad crossings, including a wish list and the preferred crossings that could be closed. Commissioner Bogue said that he hates to be painted into a corner on this issue. Commissioner Nelson said the City may need to have a 3rd meeting. Commissioner Bogue asked how many times we give the public to make comment. Mayor Van Wyhe said that he doesn’t think the City would get much help if the City only agrees to close 2 crossings. Commissioner Bogue said the City should ask for the moon and start there.


7:15 P.M. – VARIANCE HEARING FOR BRYAN ULRIKSON

Mayor Van Wyhe said this was the time and the place for the variance hearing for Bryan Ulrikson at 36 Park Lane for a 1’ variance to build a garage attached to a non-compliant structure. Mayor Van Wyhe read the Planning Commission approved the variance request. Commissioner Bogue asked if anyone was present to speak against the variance request. No one spoke against the variance request. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the variance request. All ayes, motion carried.


SET MEETING DATE – 2ND RAILROAD CROSSING MEETING

Motion moved by Commissioner Bogue to set a second meeting date regarding railroad crossings for Monday, October 20th at 7:15 p.m. at the City Commission meeting room. Motion seconded by Commissioner Schultz. All ayes, motion carried.


DILAPIDATED HOUSING UPDATE

Finance Officer Amert presented an update listing on the properties the City is working on dilapidated housing. Mr. Amert said that some of the Commissioners were contacted by Kay Jones about his property at 415 West Fifth. Mr. Amert said the confusion has been cleared up and will be scheduled for inspection to the property in the near future. Discussion followed.

2004 BUDGET REQUEST – SIOUXLAND RSVP

Sandie Hansen, Executive Director of the Siouxland RSVP, was present to explain the program and the request for $2,500 from the 2004 budget. Ms. Hansen explained the use of the funds for volunteer benefits, including insurance and gifts at volunteer events. Ms. Hansen explained the types of programs the RSVP volunteers have been working in Canton, including the upcoming Neighborhood Watch program, telephone surveys for the Recreation Assessment, and the Home Safety checklist. Commissioner Nelson said he could see RSVP being bombarded for request due to the “No Child Left Behind” mandates from the Federal Government. Finance Officer Amert said that RSVP is asking for $2,500 in 2004. Mayor Van Wyhe thanked Ms. Hansen for attending the meeting and sharing an update to the Commission.


2004 BUDGET REQUEST – SOUTH EAST DEVELOPMENT FOUNDATION

Lynne Keller, Executive Director of the South East Development Foundation, was present to explain their program and their request in the 2004 budget. Finance Officer Amert presented a news story from KELO-TV about the recent award of $357,000 grant from the CDBG program to assist in developing the pool of funds. Ms. Keller said they are now taking applications for funding loans from the Foundation. Ms. Keller reiterated the discussion on the program from June 13th. Ms. Keller said that this pool of funds offers to help share the risk to help with financing a business in the six-county area. Mr. Amert provided a copy of the information from the June 13th meeting. Mayor Van Wyhe asked to have the City look at committing $12,000 for 3 years, for a total financing of $12,000. Commissioner Bogue saw this as a good program and a way to help the entire area around Canton. Discussion followed on uses for the foundation funding. Ms. Keller said the funds are to be used for businesses and entrepreneurs, not for infrastructure use. Mayor Van Wyhe thanked Ms. Keller for attending the meeting and sharing an update to the Commission.


OTHER ORGANIZATIONS RECEIVING FUNDING

Finance Officer Amert reported that letters and documentation was received from the Canton Area Commerce Association and the Lincoln County Economic Development Association related to their 2004 budget request.


WEST NILE VIRUS SPRAYING

Finance Officer Amert reported that the City has begun spraying for mosquitoes last week. Mr. Amert said that City staff members Theo Dykstra Jr. and Fred Kaltenbach have earned their Class 9 Pesticide spraying licenses. Commissioner Nelson asked if they are up for a pay raise for the staff members. Mr. Amert said that the last time they each received a pesticide certification; they received a $50 per month raise. Mr. Amert said that at least one has to have the license to allow the City to spray for mosquitoes and fight West Nile Virus. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approve a $50 pay raise for Mr. Kaltenbach and Mr. Dykstra related to their pesticide certification. Ayes 3, Nays 2 – motion carried. Ayes – Bogue, Nelson and Van Wyhe; Nays – Baldwin and Schultz.


NOTICE OF CONFLICT OF INTEREST

Finance Officer Amert said that Assistant City Attorney Brenda Ask stated that the law firm representing the City has a conflict of interest in an upcoming Exhibition Driving case with Nate Koedem. Mr. Amert said that Ms. Ask has advised the City to seek other counsel in this particular case.


2004 BUDGET REQUEST – CANTON TRANSIT

Don Pottratz and Carol Crawford, board members for Canton Transit, were present to explain the Canton Transit program and their request in the 2004 budget. Mr. Pottratz explained the way Canton was able to obtain funding for the new bus. Mr. Pottratz said that the program is going well and ridership continues to increase. Commissioner Schultz asked how much the ridership has increased over last year. Mr. Pottratz said that in Canton, there is a need for 2 buses and there is a concern with the Federal funding levels for 2004 are not yet set. Mr. Pottratz said the request is to increase the level from $3,050 to $3,500. Mayor Van Wyhe asked if the bus purchased gas in Canton. Mr. Pottratz said yes. Discussion followed on the program highlights. Mayor Van Wyhe thanked Ms. Crawford and Mr. Pottratz for attending the meeting and sharing an update to the Commission.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz 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
August 18, 2003


The Canton City Commission met at City Hall on Monday, August 18, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the minutes of the August 11, 2003 City Commission meeting as corrected. All ayes, motion carried.

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the August 14, 2003 Special City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert said the minutes of the July 25th Planning and Zoning Commission meeting were in front of the Commissioners for their review.


DILAPIDATED HOUSING UPDATE

Finance Officer Amert presented a listing of the properties the City is working on, to his knowledge, relating to nuisances and dilapidated housing. Mr. Amert reviewed the nine properties the City has sent out and their status. Mr. Amert said that he sent out four letters to properties that requested or granted extensions to October 1, 2003 to provide a plan of action for on how the property will be taken care of. Mr. Amert said that he has received replies, either by letter or conversation. Bill and Wendy Morgan were present to explain their letter to the City. Mayor Van Wyhe asked what can be done before October 1st. Mr. Morgan said that his business comes first, but he has a lot of materials to fix the house already there. Discussion followed on the Morgan’s action plan. Commissioner Nelson said he wants to work with the property owner, but wants to see some movement toward getting things done. Mr. Morgan asked what the City plans to do if they don’t grant any time extension. Mr. Amert said the City would need to proceed through the court system to get the necessary inspections completed. Commissioner Nelson said that it would be nice to show to the local residents that the City is willing to work with these property owners. Mr. Morgan said that he may raze the property anyway by October 1st, but he asked for more time to decide what to do with the property. Commissioner Bogue said that he wanted to thank Mr. Morgan for coming to meet with the City directly. Commissioner Schultz said that he wants to deal in good faith with these property owners. Mayor Van Wyhe said that he would like to keep the October 1st deadline and evaluate the situation at that time.

Mr. Amert read the letter submitted by Reavis Heiskell Jr. about his property at 902 West Fifth Street. Mr. Amert said that Mr. Heiskell states in his letter that he would be the last person to comply with the dilapidated housing issue, due to his compliance at 200 South Lincoln in October 2002 and no other property was forced to take the measures he did. Mayor Van Wyhe said that he did not inspect Mr. Heiskell’s property, but did state that Mr. Heiskell intended to cut the trees down around the property, tear the front porch off, re-roof and paint the house. Commissioner Nelson said that Mr. Heiskell is in a hard spot, because of having a house used as storage on zoned commercial property. Commissioner Baldwin said that he’d evaluate the properties on October 1st and proceed forward. Mr. Amert explained what was happening to the Thompson and Baldwin properties in question. Further discussion followed on action to be taken on other properties on the City’s listing.


FUTURE RAILROAD CROSSINGS MEETING

Finance Officer Amert asked the Commissioners if they were ready to set a second meeting to discuss railroad crossings. Commissioner Nelson asked if more people would be in attendance than the August 14th meeting. Commissioner Bogue said that he felt better for taking the public input. Commissioner Baldwin said that he liked the meeting to show what the City was looking at for crossings to be closed. Commissioner Schultz asked how the City could choose which crossings to close if the City doesn’t know what the railroad could do. Commissioner Bogue suggested looking at turning the crossing by South Johnson into cul-de-sacs. Commissioner Nelson said he didn’t think there was enough land for cul-de-sacs to be built. Commissioner Nelson said South Johnson has no driveways out front and no turn around for traffic to use. Commissioner Nelson reminded the Commission that two tracks are at the Johnson Street crossing. Commissioner Bogue asked if a cul-de-sac could be done. Mayor Van Wyhe said that if they cut out parts of the front yards to make the cul-de-sac. Commissioner Bogue said he believe the question needs to be asked. Commissioner Bogue said he sees cul-de-sacs as safer and a lot less traffic. Commissioner Nelson said he was disappointed with the turnout at the Special City Commissioners meeting and thought it was a good idea to have pictures taken of all of the crossings and at different angles. Commissioner Bogue said that he’d like to wait one week to give all of the Commissioners time to decide on when to hold a future public meeting. Discussion followed. Commissioner Bogue asked if the Commission was going to roll over to pressure from each special interest group for each crossing. Commissioner Baldwin said he wants to be accountable to the people. Commissioner Bogue said that today this is a directive, but could very easily become Federal law. Commissioner Bogue asked the Board members to think about the future. Commissioner Baldwin said that he could see three crossings closed, but he asked what monetary value is there in a closed railroad crossing. Commissioner Baldwin said the City is doing the railroad a favor. Commissioner Bogue said that some people are afraid of change. Commissioner Schultz asked if the City Commission can disregard the people’s voice. Commissioner Bogue said the City could see a potential trade with in-kind value the railroad or the State could provide. Further discussion followed. No date for a second public hearing was set by the Commission.


LAND & WATER CONSERVATION FUND

Finance Officer Amert presented information on an upcoming application to the State of South Dakota for the Land & Water Conservation Fund (LWCF), which allows federal money to be granted to cities for park and recreation items to improve the use of land and water facilities. Mr. Amert said as a part of the LWCF grant application, the City should update its Recreation Assessment of the City. Mr. Amert said the last time the City conducted a Recreation Assessment was 1979. Mr. Amert said that he was asking for permission to conduct the Assessment using RSVP volunteers to contact people at home about their needs for Recreation in Canton. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to allow the Recreation Assessment to proceed forward and to draft documentation for the LWCF grant application. All ayes, motion carried.


SET HOME OCCUPATION CONDITIONAL USE PERMIT HEARING – STACY ALFSON

Mayor Van Wyhe said a Home Occupational Conditional Use Permit has been filed by Stacy Alfson at 503 East First for a daycare center. Finance Officer Amert asked to set the hearing date and time for September 8th at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set a Home Occupational Conditional Use Permit hearing for Stacy Alfson at 503 East First for September 8th at 7:15 p.m. All ayes, motion carried.


SET VARIANCE HEARING – NUTTER APARTMENTS

Mayor Van Wyhe said a Variance request has been filed by Nutter Apartments at 405 East Fourth to build extra garages on the property. Finance Officer Amert asked to set the hearing date and time for September 8th at 7:20 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to set a Variance hearing for Nutter Apartments at 405 East Fourth for September 8th at 7:20 p.m. All ayes, motion carried.

2004 BUDGET

Mr. Amert reminded the Commission that the first hearings on the 2004 budget would be held relating to the organizations that receive funding from the City on August 25th. Mr. Amert reminded the Commission to turn in their initial budget requests by Friday, August 22nd.


STATE HIGHWAY PROJECT UPDATE

Commissioner Schultz said he was asked about the City running low on water in this dry time of the year along with the State Highway project. Commissioner Schultz asked if the City would be looking at any time of water restrictions this year. Commissioner Nelson said that he was unaware of any problems with water availability, but he’d check with Water and Wastewater Superintendent Jeff Fossum to confirm his assertions by next week.


WARRANTS

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


3 WAY STOP

Commissioner Baldwin said that an issue was raised about the traffic in the area of Lincoln and Elder Streets, at the southeast corner of the High School/Middle School complex. Commissioner Baldwin asked if a portable stop sign could be erected in the intersection for the south-bound traffic from the High School. Commissioner Bogue suggested having more police patrols in that area to help with traffic issues. Commissioner Nelson said who would handle a sign like that in the winter or at other times of the year. Police Chief Al Warnock said is there a possibility of a suspended stop sign there. Commissioner Nelson said that many buses and delivery trucks pass that way and could get hooked on a suspended sign. Chief Warnock stated he has been asked about looking into 4-way stops at Lincoln and Elder and at Elder and Main from the High School to better handle traffic control. Chief Warnock said the Canton School District has contacted him about the fast traffic coming from the School and going through those intersections. Chuck Andresen asked if the cross walks were painted around the schools to help designate walking traffic. Discussion followed on a portable sign in the vicinity of the Canton High School. The Commission also discussed the issue of bus traffic coming to and from the Canton High School.


PROPANE TANKS ISSUE – TOM RAYMON

Tom Raymon said that he was concerned with people in Canton would be looking to change their heating service from natural gas to propane due to the anticipated high prices this winter. Mr. Raymon said he raised concerns with Fire Chief Trevor Ekle with the setbacks from buildings of where a propane tank could be located in Canton. Mr. Raymon said the City Ordinances are satisfactory to him.


EXECUTIVE SESSION

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

Executive Session began at 7:57 p.m.
Mayor Van Wyhe ended Executive Session at 8:17 p.m.


MOSQUITO SPRAYING

Commissioner Baldwin said that he has heard many compliments to the City going ahead to spray for mosquitoes due to the increase cases in West Nile Virus. Discussion followed. Mr. Amert said the City should be out spraying starting late this week for mosquitoes. Mr. Amert said that he was waiting to hear that Theo Dykstra Jr. and Fred Kaltenbach had passed their certification test.


ADJOURNMENT

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

Meeting adjourned at 8:22 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
August 11, 2003


The Canton City Commission met at City Hall on Monday, August 11, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the July 28, 2003 City Commission meeting as corrected. All ayes, motion carried.

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the August 4, 2003 City Commission meeting as presented. All ayes, motion carried.


PAUL ASLESEN – AIRPORT FUNDING WITH SD DOT

Lincoln County Planning and Zoning Director Paul Aslesen was present to discuss an issue that may affect the City of Canton. Mr. Aslesen suggested having City staff contact the State DOT to discuss Airport funding for the airports in Lincoln County, at Canton and at Marv Skie near Tea. Mr. Aslesen said the funding issue was with the STEP and TIP programs. The Commissioners asked Finance Officer Amert to look into the matter about the funding issues.


RAILROAD CROSSINGS MEETING

Finance Officer Amert reminded the Commissioners that their Special City Commission meeting regarding Railroad crossings and potential closings will be held on August 14th at 7:00 p.m. at the Canton Senior Citizens Center. Mr. Amert said the City received a letter from Craig and Linda Van Bockern about the issue of the crossing on Johnson Street and their opposition. Mr. Amert said that due to a conflict, they cannot attend the meeting and asked the letter be read at the August 14th meeting. Mayor Van Wyhe said that he visited with Ms. Van Bockern over the phone. Commissioner Nelson said that Ms. Van Bockern talked to him also and he said she has legitimate issues. Discussion followed.


DRAWDOWN #2 – CLEAN WATER AND DRINKING WATER SRF LOANS FOR 2003 STATE HIGHWAY PROJECT

Finance Officer Amert said the drawdown requests #2 from the City’s Clean Water and Drinking Water SRF loans are ready to be submitted to the City Commission. Mr. Amert explained the expenses for the present project, including engineering, bond counsel and project costs. Mr. Amert said the total draw downs from the two SRF loans equal $311,044. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to authorize the Mayor to sign the Drawdown #2 from the City’s Clean Water and Drinking Water SRF loans. All ayes, motion carried.


CELL PHONE ISSUE – MEETING WITH SD PUC

Mr. Amert said those members of the City and local business leaders met with Bob Sahr and Pam Bonrud from the South Dakota Public Utilities Commission (PUC) last week. Vince McKenney, who attended the meeting, said that he was pleased to have met with the PUC members and was able to get across their concerns with cell phone service. Mr. McKenney said that he would keep talking to his contact with Verizon. Commissioner Nelson said that according to the media, there are other towns that have this same problem with cell phone service, not just in Canton. Mr. McKenney said that if the PUC does not get voluntary cooperation, they might look to passing legislation to force the cell phone companies to provide better service. Commissioner Nelson stated the City has been hammered because of the stance taken to charging to rent space on the water tower, but there are costs to having the equipment on the water tower also. Mayor Van Wyhe if the City gives the space away for free could set precedence. Commissioner Nelson said that he has an issue with private industry using a City facility for free. Discussion followed.


7:15 P.M. – VARIANCE HEARING FOR LOWELL AND MARLEEN FEUCHT

Mayor Van Wyhe opened the Variance Hearing for Lowell and Marleen Feucht at 208 North Grant to add an additional garage to their house. Mayor Van Wyhe read that the Planning Commission approved the variance request 4-0. Commissioner Bogue asked if anyone was present to speak against the variance request. No one present spoke against the variance request. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the variance request. All ayes, motion carried.


NUISANCES UPDATE

Finance Officer Amert presented the most recent listing of nuisance properties brought by the City or to the City by local residents. Mr. Amert said that none of the properties have responded with a plan of action on the properties, with the deadline of August 15th. Discussion followed on nuisance issues in other areas near Canton. Commissioner Bogue said that he is not alone in the pursuit of truth and justice.


CLAIM AGAINST THE CITY – EASTERN FARMERS COOPERATIVE

Mr. Amert said that a copy of the letter he sent to Upper Plains Contracting regarding the issue discussed at last week’s meeting. Mr. Amert said the issue was the cut private communications line at Eastern Farmers in April 2003 involved with the State Highway Project. Mr. Amert said that he is not sure how soon the City will get an answer back from the general contractor. Discussion followed on the claim.


CANTON SENIOR CITIZENS CENTER

Commissioner Bogue recognized a letter from the Canton Senior Citizens Center regarding a problem in front of the building. Mayor Van Wyhe said that he’d talk to Mr. Ericksen after the meeting to see what can be done there.


STATE HIGHWAY PROJECT UPDATE

Commissioner Bogue said that he was asked about a question involving the handling of the paving with the State Highway project. Public Works Superintendent Palmer Ericksen said the biggest slowdown on the project of this size is all of the infrastructure work (Water, Sewer and Storm Sewer) that needs to be completed first. Mr. Ericksen said that the Commissioners should tell people when asked with questions about the project to attend the weekly meetings at City Hall on Thursday mornings at 9 a.m.


NEW SCOREBOARDS

Mayor Van Wyhe said that the new scoreboard for the West Side Ball Park arrived on August 11th.


VEHICLE ON JACKS

Mr. Ericksen complained that a vehicle on jacks was sitting in the City street at the corner of 7th and Cedar and due to the hot weather could cause damage to the City street. Police Chief Al Warnock said that he’d look into the matter.


SEAL COATING PROJECT REVIEW

Mr. Ericksen said the Seal Coating project went well, with only 1 or 2 vehicles having to be towed out of the project area. Mr. Ericksen said that over 300 flyers in the project area on all of the doors, to fully make the residents aware of the project.


MOSQUITO SPRAYING – MIKE VANDAL

Mike Vandal of Van Diest Supply Co. was present to explain the mosquito spraying system he had discussed with Mr. Ericksen and Mr. Amert that should work for Canton. Mr. Vandal explained the equipment to spray for mosquitoes to help eliminate the threat of West Nile Virus. Mr. Vandal said his equipment is ultra low volume of chemical to use, but offers a 90%-95% kill rate of adult mosquitoes. Commissioner Bogue asked about how long it would take to spray the City. Mr. Vandal estimated that with the size of the Canton, it would take about 4 hours to complete the entire town. Mr. Vandal said that during this time of the year, when the adult mosquitoes are most active, the City should look at spraying 1 to 2 times per week. Mr. Ericksen said that he supports the City spraying, but is concerned with the telephone calls City Hall will get after the City staff sprays. Mr. Vandal explained the problems he has heard about with other communities and their product cannot cause that type of problem. Mr. Vandal said that there may be some discomfort, but no one should get sick from the product. Mr. Ericksen asked where other sprayers he had were located. Mr. Vandal said he has equipment in Hurley, Lennox, and Flandreau. Mr. Vandal said the Cougar model is about $8,000, with the Grizzley at about $9,450. Discussion followed on the funding source to purchase the equipment.

Mayor Van Wyhe said that he sees the need for the City to spray for mosquitoes. Commissioner Baldwin said that due to the high increase in West Nile Virus cases last week, and the concern with its affects on the elderly and children, he supports the City purchasing the equipment to spray for the mosquitoes. Mr. Ericksen said that people are getting nervous about West Nile and they are looking for action. Marie Beitzel of the Sioux Valley News said people are genuinely concerned about West Nile. Discussion followed on handling mosquito larvae in the spring. Mr. Vandal said that there is additional equipment designed to work with the presented equipment at an extra cost of $3,500. Police Chief Al Warnock said that he sees this as a Public Health issue to the residents of Canton. Further discussion followed. Motion moved by Commissioner Bogue to purchase one Grizzley model sprayer for $9,450 and to purchase one 55 gallon drum of chemical and use Lottery Income funds to pay for the equipment and chemical. Motion seconded by Commissioner Nelson. All ayes, motion carried. Discussion followed on the City contracting with other communities to spray their towns for mosquitoes. Mr. Vandal said the average price per hour to charge for spraying is $150 per hour. Further discussion followed.

2004 BUDGET

Mr. Amert said that he has eliminated 3 groups from meeting with the City on August 25th and has the groups (LCEDA, Canton Economic Development Association, and Canton Area Commerce Association) send in their requests and documentation.


EXECUTIVE SESSION

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

Executive Session began at 8:12 p.m.
Mayor Van Wyhe ended Executive Session at 8:26 p.m.


WORKSHOP REQUEST – AMERT

Finance Officer Amert requested to attend a Flood Plain Administrator meeting in Sioux Falls on August 21st. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to send Finance Officer Amert to the Flood Plain Administrator meeting in Sioux Falls on August 21st. All ayes, motion carried.


ADJOURNMENT

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

Meeting adjourned at 8:28 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
August 4, 2003


The Canton City Commission met at City Hall on Monday, August 4, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Jim Nelson and Gary Schultz. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Robert Bogue


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

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


KENT MULDER – REQUEST TO REVIEW CLAIM FOR CUT COMMUNICATIONS SYSTEM

Kent Mulder, manager of Eastern Farmers Cooperative in Canton, was present to discuss a claim that was filed against the City of Canton during the 2003 State Highway Project. Mr. Mulder said that during the installation of water lines through their facilities, two separate cuts were made to their privately owned communications system. Mr. Mulder said that he received a letter from the City’s insurance company denying Eastern Farmers’ claim for the cost to repair the two separate incidents. Mr. Mulder said that he has talked to Finance Officer Amert about what Eastern Farmers could do, since they believe they have a claim for the costs of the damages. Mr. Amert gave a copy to the Commissioners of all of the letters and the claim forms. Mr. Amert said the City’s insurance company did deny the claim, but he did inform Mr. Mulder that there were other options for Eastern Farmers to pursue. Mr. Mulder said another aspect to the situation is that he didn’t believe the City gave Eastern Farmers enough time to mark the private communications system before work commenced. Mr. Mulder said that he understood that changes were made in the scheduling installing the water line due to the contractor, but he still believes that Eastern Farmers has a claim. Discussion followed. Commissioner Nelson said that he’d like to have the City talk to their prime and subcontractor and investigate this further. Commissioner Nelson said that this appears to be a bad deal all around. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to direct the Finance Officer to contact H & W Contracting to investigate the situation further. All ayes, motion carried.


OPEN BURNING IN CANTON – TOM RAYMON

Tom Raymon asked if open burning was allowed in Canton. Mayor Van Wyhe said that if requested, the City would be allowed. Mr. Raymon said the City officials allowed the burning of a house in Canton without proper permission. Commissioner Baldwin said that Fire Chief Trevor Ekle and he were contacted by the owner of the house at 511 East Martin, John Schutte, requesting to burn the house down. Commissioner Baldwin said that after reviewing the situation was evaluated by Mr. Schutte and Chief Ekle and was not safe in its original location, but was deemed safe when the house was pushed over and closer to the Big Sioux River. Mr. Raymon asked Commissioner Baldwin what he considered a safe situation. Commissioner Baldwin said that after discussing the situation with Fief Chief Ekle, including pushing the house over the hill closer to the River, he believed the situation safe. Mayor Van Wyhe said that he was there for a time watching the house burn. Mr. Raymon asked why he couldn’t have the house be taken out to the house. Mayor Van Wyhe said that with the new rules imposed on the City by the State for the Rubble Site, the owner of the property said it would have been cheaper to rebuild than to build new if he had to follow the new procedures. Mayor Van Wyhe said that wanted to see the house demolished, since the house in question is next to his house. Commissioner Baldwin said that he had discussed the matter over one month ago to make sure the situation would be safe.


RAILROAD CROSSING PUBLIC HEARING MEETING

Finance Officer Amert said that the special meeting for the Canton City Commission to discuss the issue of railroad crossings is set for August 14th at 7:00 p.m. at the Canton Senior Citizens Center. Mr. Amert said that he expects that Tom Nesser from BNSF and Susan Tracy from the State DOT are planning to be here. Finance Officer Amert asked if the Commission had decided on the procedure on handling the first public hearing to discuss railroad crossings. Discussion followed on how the Commissioners plan to handle the meeting. Commissioner Schultz stated that he would like to start from square one. Discussion followed.


SET VARIANCE HEARING – ULRIKSON

Mayor Van Wyhe read a variance request from Bryan Ulrikson at 36 Park Lane to build a new garage. Finance Officer Amert asked to set the variance hearing for August 25th at 7:15 p.m. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to set the variance hearing for August 25th at 7:15 p.m. All ayes, motion carried.


LOW POWER FM STATION APPLICATION

Finance Officer Amert said the City has received a denial letter to the City for its request to install a low power FM station for public purposes. Mr. Amert said the Federal Communications Commission (FCC) said the proposed tower was too close to the present KELO-FM station. Discussion followed.


JEFF FOSSUM – EASTERN FARMERS CLAIM REQUEST

Water and Wastewater Superintendent Jeff Fossum was present to answer any questions about the claim from Eastern Farmers about the cut private line. The Commission explained their action to send a letter to the project contractor to review the case. Mr. Fossum said the subcontractor, H & W Contracting, did go through all of the proper channels to have the utilities located, but did not know about the private communications system. Discussion followed on the incidents in question.


NEIGHBORHOOD WATCH PROGRAM FOR WATER AND WASTEWATER UTILITIES

Mr. Fossum said that under the guidance of the State DENR, communities are being encouraged to put into place a Neighborhood Watch Program to help fight terrorism and prevent any potential problems with the water or wastewater systems. Mr. Fossum said the communities are being directed to inspect their facilities three times a week with on-site visits. Mr. Fossum said the City is working to team up with Siouxland RSVP to use volunteers to be use to watch the water and wastewater facilities. Mr. Fossum said the State DENR has received a grant for Terrorism Preparedness and is putting together a video to assist with implementing watch programs. Commissioner Nelson asked if there is any cost to the City. Mr. Fossum said he did not anticipate any costs for the Neighborhood Watch program. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the City working with Siouxland RSVP to assist with a Neighborhood Watch program. All ayes, motion carried.

Mayor Van Wyhe asked if the City could look into adding more lighting to the Canton Water Tower to help brighten and make the Water Tower stand out more. Mr. Fossum said that the tower is somewhat lit up. Commissioner Baldwin said the City is putting our tower on stealth mode.


TRAVEL REQUEST – 2003 SDML CONVENTION

Finance Officer Amert asked to send Deputy Finance Officer Karen Leffler, Police Chief Al Warnock and he to the 2003 South Dakota Municipal League convention in Pierre from October 8-10, 2003. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to send Deputy Finance Officer Karen Leffler, Police Chief Al Warnock and he to the 2003 South Dakota Municipal League convention in Pierre from October 8-10, 2003. All ayes, motion carried.


WARRANTS

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


HIRE AT LIBRARY

Mayor Van Wyhe entertained a motion for Librarian Iris Schultz to hire Terry Blasé for the open position at the Canton Public Library at a pay rate of $7.00 per hour for about 15 hours per week. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to hire Terry Blasé for the open position at the Canton Public Library at a pay rate of $7.00 per hour. All ayes, motion carried.


SURPLUS – 1997 POLICE CAR

Commissioner Baldwin said the 1997 Ford Crown Victoria Police Car is ready to be surplus and sold via sealed bid. Commissioner Baldwin motioned to surplus the 1997 PD car and to set a seal bid opening for August 25th at 7:20 p.m. with a minimum bid of $3,000. Motion seconded by Commissioner Nelson. All ayes, motion carried. Discussion followed.


CELL PHONE SERVICE

Mr. Amert said that he arranging to meet with members of the South Dakota Public Utilities Commission to discuss the present situation about cellular phone service in the Canton area. Mr. Amert said he’d like to have volunteers to meet with the PUC members to discuss the problem. Vince McKenney and Al Warnock said that they’d be willing to meet with the PUC about a date and time.


RESET BID OPENING DATE FOR SURPLUS 1997 POLICE CAR

After discussing the locations where the City lists bids in, Commissioner Baldwin motioned to reset the sealed bid opening for the 1997 Police Car for September 2nd at 7:20 p.m. with a minimum bid of $3,000. Motion seconded by Commissioner Nelson. All ayes, motion carried.


EXECUTIVE SESSION

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to enter into Executive Session for personnel reasons. All ayes, motion carried.

Executive Session began at 7:37 p.m.
Mayor Van Wyhe ended Executive Session at 8:04 p.m.


STRIVE TO THRIVE MEETING

Finance Officer Amert said the first post-Strive to Thrive presentation meeting was held today to discuss the potential of a Coordinator position to be a liaison for the City, Canton Economic Development Corporation, Canton Area Chamber Association and for the community. Mr. Amert said Xcel Energy has offered a 2-year, $5,000 per year grant to assist with placing a Coordinator in place to implement the program. Mayor Van Wyhe questioned the need for a Coordinator, since the City has use of the Lincoln County Economic Development Association (LCEDA). Discussion followed. Commissioner Baldwin wanted to make it clear that he did not want to have the Coordinator position become a supplemental Community Education position rather than a new position. Board discussion followed on the Community Education position. Mayor Van Wyhe raised the previous issue of integrating the Canton Summer Recreation program with Community Education.


HOUSE AT CANTON-INWOOD HOSPITAL

Mayor Van Wyhe asked what is the City Attorney’s position on the ownership of the house on the grounds of the Canton-Inwood Hospital. Finance Officer Amert said the City Attorney’s position has been that since the house was a part of the original part of the former Canton Indian Asylum, the house would be in the possession of the City of Canton. Discussion followed.


ADJOURNMENT

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

Meeting adjourned at 8:07 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (August 4, 2003)

GENERAL FUND: Farmers State Bank, 23450.37, payroll; First American Bank & Trust, 4354.82, social security; First American Bank & Trust, 2641.20, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 73.69, Section 125 premiums; SDRS Supplemental Retirement, 50.00, supplemental retirement; WellMark of South Dakota, 4564.58, health insurance premiums; Nick Anson, 10.00, umpiring fees; Aramark Uniform Services, 117.03, uniform services and towel maintenance; Brown and Saenger, 29.90, office supplies; Canton Fire Department, 3962.10, reimbursement of State Fire School expenses and other expenses; Canton Flag Co., 360.00, replacement flags for downtown area; Canton Food Center, 24.49, food and supplies for PD; Canton Motor Company, 31.29, repairs to a/c for #5; City of Canton, 77.07, water/sewer bills; Concrete Materials, 373.70, asphalt purchases; Crawford’s Implement, 2.10, supplies; Dan’s Signs, 100.89, signs for Shop vehicles; Davis Typewriter, 96.48, copier maintenance; DeWild Grant Reckert and Associates, 302.56, engineering fees; G & H Distributing, 29.99, shop parts; Gary L. Larson CPA, 75.00, final payment for 2002 Audit; Graham Tire Company, 146.84, tires and tubes; Grainger, 26.95, shop parts; Erik Hall, 10.00, umpiring fee; Hawkins Chemical, 856.66, chlorine and chemicals for Pool; Jerry’s Appliance Service, 271.93, repairs to A/C at Shop & Freon removal at Rubble Site; Kruse Building Center, 170.60, field marker and wood supplies; Lawson Products, 95.11, shop parts; Lexis Nexis Matthew Bender, 46.80, SDCL law book updates; Linweld, 24.57, tank rentals; Mac’s, 27.90, shop supplies; NSP, 1974.29, electricity; Office Max, 117.61, office supplies; Pfeifer Implement, 2106.97, repairs to #22 tractor; PND International, 167.86, garbage bags for Shop; Pump N Pak, 14.02, gas for Fire Truck; Queen City Wholesale, 616.36, food supplies for resale at Pool; Qwest, 46.54, telephone service; Tom Raymon, 34.00, mowing fees; Ron’s Motor and Radiator, 200.20, repairs and supplies; RR #1 Services, 164.00, mat and mop maintenance; SD Department of Health, 120.00, lab testing fees for Pool; SD State Treasurer, 438.08, sales tax payment; SECOG, 4000.00, payment of administration of Fire Hall CDBG grant; Sioux Falls Argus Leader, 65.00, newspaper subscription; Sioux Valley News, 704.94, publishing; Stern Oil Company, 2041.69, unleaded gas and diesel fuel shipment; Scott Swanson, 50.00, mowing fee; Toby’s Amoco, 765.64, repairs to PD cars; Tri-State Ready Mix, 560.00, new cement for City Hall and washed sand; Van’s Rubbish Removal, 177.00, garbage service; Zee Medical Service Co., 30.16, medical supplies.


STATE REVOLVING FUND LOAN PROJECT FUND: DeWild Grant Reckert and Associates, 2493.14, engineering fees on SRF project; Upper Plains Contracting, 129974.14, payment #5 for SRF loan project.


LIQUOR FUND: Farmers State Bank, 2772.82, payroll; First American Bank & Trust, 543.02, social security; First American Bank & Trust, 309.27, federal withholding; Fortis Benefits, 35.75, life insurance; FSA Section 125, 5.50, Section 125 premiums; WellMark of South Dakota, 1348.84, health insurance premiums; Aramark Uniform Services, 48.80, towel maintenance; Beal Distributing, Brown and Saenger, 7.25, office supplies; Canton Food Center, 285.05, food and supplies; Carlson Distributing, 10564.20, beer purchases; City of Canton, 68.00, water/sewer bill; Coca-Cola Bottling, 168.35, pop and pre-mix supplies; Dakota Beverage Co., 9196.10, beer purchases; Dakota Tom’s, 16.35, food supplies; Gary L. Larson CPA, 75.00, final payment for 2002 Audit; Jerry’s Appliance Service, 277.23, repairs to cooler and ice machine at Powerhouse Lounge; Johnson Brothers Famous Brands, 4332.67, malt beverage and liquor purchases; Kraft Pizza Company, 82.10, food supplies – pizzas; NSP, 662.12, electricity; Pepsi-Cola of Sioux Falls, 206.10, pop supplies; Peterson’s TV, 40.00, maintenance to TV at Powerhouse Lounge; Queen City Wholesale, 274.65, supplies and promotional food supplies; RR #1 Services, 146.95, supplies & mat and mop maintenance; Russ Miller-Cash Items, 50.75, maintenance and food supplies; Russ’ Pest Maintenance, 24.00, pest maintenance; SD State Treasurer, 802.00, sales tax payment; Sioux Valley News, 15.60, publishing; Sodak Distributing Co., 3267.41, liquor and malt beverage purchases; Spotlight Entertainment, 275.00, karaoke fees; Van’s Rubbish Removal, 35.00, garbage service.


WATER FUND: Farmers State Bank, 2596.83, payroll; First American Bank & Trust, 514.38, social security; First American Bank & Trust, 294.88, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 9.66, Section 125 premiums; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.93, health insurance premiums; Aramark Uniform Services, 40.64, uniform services; Brown and Saenger, 7.25, office supplies; Concrete Materials, 112.67, asphalt purchases; Dan’s Signs, 50.45, signs for Shop vehicles; Davis Typewriter, 48.23, copier maintenance; DeWild Grant Reckert and Associates, 52.00, engineering fees; G & H Distributing, 14.99, shop parts; Gary L. Larson CPA, 75.00, final payment for 2002 Audit; Graham Tire Company, -60.00, credit on tires returned; Grainger, 13.48, shop parts; Hawkins Chemical, 1577.65, chlorine and chemicals for Pool; Jerry’s Appliance Service, 8.71, repairs to A/C at Shop; Kruse Building Center, 12.00, wood supplies; Lawson Products, 47.55, shop parts; Linweld, 12.29, tank rentals; Mac’s, 13.95, shop supplies; NSP, 1577.71, electricity; Piorier Equipment, 12.65, gasket; PND International, 84.38, garbage bags for Shop; Prairie Communications, 74.50, batteries for portable radios; Sioux Valley News, 94.44, printed envelopes; Stern Oil Company, 246.42, unleaded gas and diesel fuel shipment; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 15.07, medical supplies.


SEWER FUND: Farmers State Bank, 2430.09, payroll; First American Bank & Trust, 481.32, social security; First American Bank & Trust, 273.71, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 8.15, Section 125 premiums; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.91, health insurance premiums; Aramark Uniform Services, 40.64, uniform services; Brown and Saenger, 7.25, office supplies; Concrete Materials, 112.67, asphalt purchases; Dan’s Signs, 50.45, signs for Shop vehicles; Davis Typewriter, 48.24, copier maintenance; DeWild Grant Reckert and Associates, 52.00, engineering fees; G & H Distributing, 14.99, shop parts; Gary L. Larson CPA, 75.00, final payment for 2002 Audit; Graham Tire Company, -60.00, credit on tires returned; Grainger, 26.95, shop parts; Jerry’s Appliance Service, 8.71, repairs to A/C at Shop; Kruse Building Center, 17.23, supplies; Lawson Products, 47.55, shop parts; Linweld, 12.29, tank rentals; Mac’s, 13.95, shop supplies; NSP, 925.67, electricity; PND International, 84.38, garbage bags for Shop; Prairie Communications, 174.50, batteries for lift station and portable radios; Qwest, 43.83, telephone service; SD Department of Health, 554.00, lab testing fees for Pool; Sioux Valley News, 94.43, printed envelopes; Stern Oil Company, 131.89, unleaded gas and diesel fuel shipment; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 15.07, medical supplies.


AIRPORT FUND: City of Canton, 14.00, water bill; Crawford’s Implement, 44.40, oil supplies; Libra Air, 1125.00, manager’s fees; NSP, 57.33, electricity.


GENERAL LEDGER: WellMark of South Dakota, 489.07, health insurance premiums.

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MINUTES OF CANTON CITY COMMISSION MEETING
JULY 28, 2003


The Canton City Commission met at City Hall on Monday, July 28, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the minutes of the July 21, 2003 City Commission meeting as corrected. All ayes, motion carried.


SET PUBLIC HEARING – RAILROAD CROSSING MEETING

Finance Officer Amert asked if the Commission had decided a place and time to hold the first public hearing to discuss railroad crossings. Mayor Van Wyhe suggested using the Canton Senior Citizens Center and meeting on August 14th. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to schedule the special meeting of the Canton City Commission to discuss the issue of railroad crossings for August 14th at 7:00 p.m. at the Canton Senior Citizens Center. All ayes, motion carried.


NUISANCE PROGRAM UPDATE

Finance Officer Amert said he has not received any responses yet from any of the property owners sent a letter on their extension request to provide a “plan of action” for each property to the City due by August 15th. Mr. Amert said that Mr. Heiskell was in regarding the number of letters the City has sent out. Discussion followed.


CELL PHONE SERVICE

Mr. Amert said that he has a letter to the South Dakota Public Utilities Commission about the present situation about cellular phone service in the Canton area. Mr. Amert said that he has not heard from Vince McKenney about his contact with Verizon Wireless. Discussion followed on the service from the cellular phone providers to the Canton area. Mr. Amert said that he’d be in touch with the PUC later in the week.


2004 BUDGET – DISCUSSION OF FUNDING REQUEST HEARINGS

Finance Officer Amert said that during the meeting of August 25th, the organizations that receive funding from the City have been scheduled. Commissioner Schultz expressed his concerns with the number of groups meeting on the same night. Discussion followed. Mr. Amert said that he has a list of organizations that either receives funds or facilities from the City. Commissioner Bogue raised concerns with the lack of recent financial statements from the Canton Fire Department or the Canton-Inwood Ambulance Association. Mr. Amert said the Canton Fire Department has dropped off a recent budget to the City explaining their funding levels. Discussion followed. Commissioner Bogue suggested that with organizations the City has funded in the past they only need to provide financial statements and a letter of request. Commissioner Bogue said that he wants to see the need to provide the funding to their organization. Further discussion followed on the submission of budgetary numbers to the City Finance Office.


CANTON CRUISE NIGHT AND CAR SHOW REVIEW

The Commission expressed their positive comments about the events of Cruise Night at the Canton Car Show last weekend. The comments were very positive for the event held in Jack Fox Park put together by the Lori Lems and Selena Aldrin for the community. Commissioner Nelson said he was very pleased with the turnout for the first year, and he’d like to see having this continued every year with the Cruise Night. Commissioner Schultz said this was a positive comment about the Canton community, rather than the negative comments being stated in the Sioux Valley News Letter to the Editor section. Police Chief Al Warnock said that his only comment was that during the Car Show, the main complaint was cars parking in front of driveways and other places that people are not allowed to. Chief Warnock said that for Cruise Night, the City was much calmer for Cruise Night than the year before, with only about ½ of the amount of tickets written tickets last year. Discussion followed on the aspects of the Canton Car Show.


WARRANTS

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


POSITIVE LETTER ON CANTON

Commissioner Baldwin said he wanted to thank Harry Dykstra for his letter with positive comments about Canton in last week’s Sioux Valley News Letter to the Editor section. Commissioner Baldwin said the letter was refreshing in its promotion of the positive aspects to living in Canton. Commissioner Bogue said that criticizing is easy to do. Discussion followed.


2003 SEAL COATING PROJECT – NOTICE TO PROCEED

Mayor Van Wyhe said the City has received the Notice to Proceed from the City Engineer for the 2003 Seal Coating project. Finance Officer Amert said this gives permission for The Road Guy Construction of Mission Hill, SD to proceed with seal coating the week of August 4th. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to authorize the Mayor to sign the Notice to Proceed. All ayes, motion carried.


PARKING AT NEW FIRE AND AMBULANCE STATION

Commissioner Bogue said Fire Chief Trevor Ekle approached him last week about allowing the staff of First American Bank and Trust to park in the north side parking lot at the Canton Fire and Ambulance Station for bank parking during the day. Commissioner Baldwin said that he agreed to allow the bank to use the parking space as a good neighbor policy. Police Chief Al Warnock said there is an issue with the “No Parking” signage on 4th Street is not correct. Further discussion followed on the project aspects.


2003 STATE HIGHWAY PROJECT

Police Chief Warnock wanted to thank Brad Benson and the staff with Upper Plains Contracting for helping prepare the road areas near the Cruise Night area to help improve safety. Discussion followed on the present project.


CDBG APPLICATION REQUEST – CANTON FIRE AND AMBULANCE STATION

Finance Officer Amert said that South East Council of Governments (SECOG) has prepared the 1st drawdown for the $100,000 Community Development Block Grant (CDBG) application from the State of South Dakota for the Canton Fire and Ambulance Station project. Mr. Amert said that part of the delay in filing for the CDBG grant funds has been the entire issue with the Mechanic’s Lien that was filed against the City’s property, which has now been resolved. Mr. Amert said that the City is applying for 95% of the grant funds, or $95,000, due to the final payment for the Canton Fire and Ambulance Station has not been completed yet. Mr. Amert said that he is awaiting a final clearance of a punch list from the Canton Fire Department and Hoogendoorn Construction before making the final payment. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to authorize the Mayor to sign the 1st drawdown for the CDBG grant application. All ayes, motion carried.


TRAIN-SEMI ACCIDENT

Chief Warnock said that early this morning was a semi-train accident on West Industrial Road. Chief Warnock said no one was hurt and minor damage to the truck resulted from the accident.


ADJOURNMENT

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

Meeting adjourned at 7:50 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (July 28, 2003)

GENERAL FUND: Farmers State Bank, 24207.22, payroll; First American Bank & Trust, 4629.02, social security; First American Bank & Trust, 2641.69, federal withholding; AFLAC, 685.89, insurance premiums; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 74.54, Section 125 premiums; Landmark Dental, 148.69, dental insurance; New York Life, 40.00, life insurance premiums; Pre-Paid Legal Services, 111.72, insurance premiums; SDRS, 4314.27, retirement; SDRS SRP, 50.00, supplemental retirement; AFLAC, 12.50, Section 125 fees; Alco Discount Store #210, 125.48, film processing and supplies; Dan Amert, 69.97, mileage and meals; Aramark Uniform Services, 83.55, uniform service and towel maintenance; Chad Brown, 126.00, Cruise Night Security; Campbell Supply, 48.22, shop tools; Cellular One, 116.18, cellular phone service; Chris Chaon, 10.00, umpiring fee; Chemco, 40.66, shop supplies; City of Canton VISA Account, 486.26, web site development fees, postage and meals expenses; Dakota Entertainment, 954.00, rental of equipment for Cruise Night party; Scott Gaalswyk, 126.00, Cruise Night security; Gall’s, 157.93, flasher repairs to PD car; Whitney Gard, 10.00, umpiring fee; Joni Gebauer, 126.00, Cruise Night security; Manual Gonzales, 126.00, Cruise Night security; Erik Hall, 20.00, umpiring fees; Travis Hardie, 20.00, umpiring fee; Robert Hilt, 32.20, Cruise Night security; James Houser, 126.00, Cruise Night security; ICMA Member Services, 320.00, professional fees for Amert; Orville Jorgensen, 126.00, Cruise Night security; KB’s True Value, 351.81, parts and supplies; Ryan Knutson, 126.00, Cruise Night security; MidAmerican Energy Co., 71.02, natural gas; Rick Miller, 126.00, Cruise Night security; NAPA, 487.55, parts and supplies; National League of Cities, 422.56, 2003-2004 NLC membership fee; Russ Nelson, 126.00, Cruise Night security; Office Max, 109.82, office supplies; Brooke Olson, 20.00, umpiring fee; Peltier’s Collision Center, 5151.77, repairs to PD cars damaged in pursuit; Prairie Wave, 610.75, telephone and internet service; Progressive Business Publications, 28.99, magazine subscription; Glenn Pulse, 126.00, Cruise Night security; Quality Office Products, 2.37, office supplies; Qwest, 225.00, telephone service; Matt Schleuter, 45.92, Cruise Night security; David Schrank, 126.00, Cruise Night security; Larry Schultz, 126.00, Cruise Night security; Sturdevant’s Auto Supply, 39.98, parts and supplies; Thompson Publishing, 329.00, FLSA book update for Finance Office; Tim Walburg, 126.00, Cruise Night security; Al Warnock, 126.00, Cruise Night security; Zee Medical Service Co., 49.60, medical supplies; Mario Massa, 126.00, Cruise Night security; Dowdey’s Maintenance Services, 2131.40, Pay #2 for work at Canton Senior Citizens Center and Carnegie Library.


STATE REVOLVING FUND LOAN PROJECT FUND: Danforth, Meierhenry and Meierhenry LLP, 11000.00, bond counsel work for SRF loans; Maxim Technologies, 292.49, soil testing for SRF project.


LIQUOR FUND: Farmers State Bank, 2884.53, payroll; First American Bank & Trust, 565.78, social security; First American Bank & Trust, 328.01, federal withholding; AFLAC, 14.40, insurance premiums; Colonial Insurance, 6.84, insurance premiums; FSA Section 125, 5.50, Section 125 premiums; Landmark Dental, 14.46, dental insurance; Pre-Paid Legal Services, 7.47, insurance premiums; SDRS, 800.46, retirement; AFLAC, 3.13, Section 125 fees; Aramark Uniform Services, 62.04, towel maintenance; City of Canton VISA Account, 52.67, training expenses; KB’s True Value, 122.97, parts and supplies; MidAmerican Energy Co., 18.63, natural gas; National League of Cities, 60.36, 2003-2004 NLC membership fee; Prairie Wave, 50.13, telephone service; Zee Medical Service Co., 21.15, medical supplies.


WATER FUND: Farmers State Bank, 2648.25, payroll; First American Bank & Trust, 525.24, social security; First American Bank & Trust, 304.92, federal withholding; AFLAC, 67.00, insurance premiums; Colonial Insurance, 14.37, insurance premiums; FSA Section 125, 9.03, Section 125 premiums; Landmark Dental, 37.81, dental insurance; Pre-Paid Legal Services, 31.25, insurance premiums; SDRS, 803.18, retirement; SDRS SRP, 7.64, supplemental retirement; AFLAC, 4.69, Section 125 fees; Alco Discount Store #210, 13.47, film supplies; Aramark Uniform Services, 40.64, uniform services; Aramark Uniform Services, 40.64, uniform services; Campbell Supply, 24.10, shop tools; Cellular One, 13.27, cellular phone service; Chemco, 20.33, shop supplies; City of Canton VISA Account, 69.19, postage and training expenses; Dakota Supply Group, 59.49, parts for distribution; KB’s True Value, 126.48, parts and supplies; MidAmerican Energy Co., 31.81, natural gas; NAPA, 39.13, parts and supplies; National League of Cities, 60.36, 2003-2004 NLC membership fee; Prairie Wave, 25.18, telephone service; Quality Office Products, 9.49, office supplies; Qwest, 345.00, telephone service; Sturdevant’s Auto Supply, 86.18, parts and supplies.


SEWER FUND: Farmers State Bank, 2497.08, payroll; First American Bank & Trust, 495.20, social security; First American Bank & Trust, 288.93, federal withholding; AFLAC, 62.65, insurance premiums; Colonial Insurance, 12.67, insurance premiums; FSA Section 125, 7.92, Section 125 premiums; Landmark Dental, 34.52, dental insurance; Pre-Paid Legal Services, 28.90, insurance premiums; SDRS, 739.12, retirement; SDRS SRP, 7.36, supplemental retirement; AFLAC, 4.68, Section 125 fees; Campbell Supply, 24.10, shop tools; Cellular One, 13.27, cellular phone service; Chemco, 20.33, shop supplies; City of Canton VISA Account, 52.67, training expenses; KB’s True Value, 16.69, parts and supplies; MidAmerican Energy Co., 4.01, natural gas; NAPA, 39.13, parts and supplies; National League of Cities, 60.36, 2003-2004 NLC membership fee; Prairie Wave, 25.18, telephone service; Quality Office Products, 9.48, office supplies; Sturdevant’s Auto Supply, 19.53, parts and supplies.


AIRPORT FUND: National League of Cities, 60.36, 2003-2004 NLC membership fees; Prairie Wave, 35.81, telephone service.

BACK TO TOP


 

MINUTES OF CANTON CITY COMMISSION MEETING
JULY 21, 2003


The Canton City Commission met at City Hall on Monday, July 21, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve the minutes of the July 14, 2003 City Commission meeting as corrected. All ayes, motion carried.

Finance Officer Amert said that the June 17th Canton Planning and Zoning Commission meeting was in front of the Commissioners for their review.


BILL MORGAN – ISSUE WITH CITY STAFF ALLOWING THE PLACEMENT OF CABLE LINES ONTO PRIVATE PROPERTY

Bill Morgan of Lincoln County Antique Center asked that when the City has companies that install utilities in the City right-of-way, does the City require that utility to be bonded. Finance Officer Amert said the City requires proof of insurance and with some projects, the utility does provide a performance bond. Mr. Morgan raised an issue that involves the back portion of his property at 123 West Fifth Street. Mr. Morgan explained that when the new Cable and Telephone company (at the time, DTG; now Prairie Wave) installed their main trunk lines to their building (the former Canton City Hall), the subcontractor placed the lines across his private property without his written or verbal permission. Mr. Morgan said that Prairie Wave has stated to him that an official at City Hall, asserted to be Finance Officer Amert, gave them verbal permission to install the cables across his property. Mr. Amert stated unequivocally that he did not approve the allowing the installation of the cable lines and would go to court and state that as fact. Mr. Amert said that he would not allow a utility to install onto private property with easements or other legal documentation signed by the owner. Mr. Amert said that the City owns the lot to the south of Mr. Morgan’s property and that would have been a better choice to install the cables on, but easements would have been presented to the full City Commission. Mr. Amert said that other cases existed where cables were installed onto private property without permission of the property owner. Mr. Morgan asked if anyone else in City Hall would have allowed them to install the cables onto private property. Mr. Amert said to his knowledge, no one would have allowed that to happen without his knowledge or the City Commission’s knowledge. Mr. Morgan said that he wants the cables from his property and may need to take the case to court. Commissioner Baldwin said that he couldn’t believe a contractor would proceed with only a verbal in the first place. Mr. Morgan asked the City Commission if they would have any problems calling City staff, including Mr. Amert, into court to testify in the case. Commissioner Bogue said if City staff is subpoenaed into court, the City Commission would not have a problem with that. Commissioner Bogue asked Mr. Amert to contact City Attorney Larry Nelson to brief him on the status of this case. Discussion followed on the case.


EVA VICKERMAN – ACCESS TO HER DRIVEWAY

Eva Vickerman at 414 East Fifth Street was present to ask for help in getting access to her driveway to her house. Ms. Vickerman said that she could park on Kimball Street to the east, but would need assistance getting her car to her garage. Public Works Superintendent Palmer Ericksen asked Ms. Vickerman about what would happen if it rains and she parks by her back door. Discussion followed on parking arrangements at First American Bank and Trust. Mr. Ericksen said that he’d talk to Brad Benson with Upper Plains Contracting to find a suitable arrangement. Ms. Vickerman said that she is looking for access to her property. Mr. Ericksen said that he’d talk to Brad and find an answer to her problem. Commissioner Baldwin suggested placing some gravel on the east side of her property to help Ms. Vickerman out. Mr. Ericksen said that people won’t respect a temporary driveway on Kimball and he reiterated his concerns with rain.


LYNN LEIBFRIED AND TOM NESSER – BURLINGTON NORTHERN SANTA FE RAILROAD

Lynn Leibfried and Tom Nesser, representing the Burlington Northern Santa Fe, were present to explain the directives coming from the Federal Railroad Administration regarding closing railroad crossing across the United States. Ms. Leibfried said the main issue with the proposals from the Federal Railroad Administration is to improve safety along the rail lines and to reduce the number of accidents at these crossings. Ms. Leibfried said there are funding programs available to assist communities to improve and upgrade main railroad crossings in exchange for closing other less used crossings. Ms. Leibfried said the program has the 3 E’s:

• Education – Promotion of safety in the entire community, reduction of possible incidents that could lead to accidents, instructing people to use alternative access points and improve signals.
• Enforcement – Using law enforcement officials to enforce the yield and stop signals to prevent vehicular accidents. Ms. Leibfried said that 50% of accidents happen due to vehicles trying to beat the train or drive around crossings or gates.
• Engineering – Attempting to consolidate the number of crossings in the community using engineering standards.

Tom Nesser of the BNSF said that they do not make the decision to close the railroad crossings in a community like Canton, which is up to the local officials to decide. Mr. Nesser said that the BNSF is here to answer questions and to point out programs to assist communities with improving crossings in exchange to close other less-used crossings. Commissioner Bogue stated that no decisions will be made tonight about the crossings, but to here out the information about the crossing study.

Finance Officer Amert said that the study was conducted in April and May, 2003 to give the City an idea of the levels of traffic flow cross each crossing over a one-week period. Mr. Amert explained the rationale for the study along with the results. The synopsis of the report is as follows:

CITY OF CANTON, SOUTH DAKOTA
RAILROAD CROSSING TRAFFIC STUDY
STUDY TIME PERIOD: APRIL TO MAY 2003



CROSSING STREET TESTED WEST LYNN 3RD STREET 4TH STREET


DAY AND TIME INSTALLED 4/24/03 9:00 AM 4/24/03 9:15 AM 4/24/03 9:30 AM

TRAFFIC COUNT DAY 1 208 360 143
TRAFFIC COUNT DAY 2 341 581 247
TRAFFIC COUNT DAY 3 376 565 200
TRAFFIC COUNT DAY 4 286 449 156
TRAFFIC COUNT DAY 5 121 392 200
TRAFFIC COUNT DAY 6 230 346 172
TRAFFIC COUNT DAY 7 599 357 185


TOTAL TRAFFIC COUNT RECORDED 2,161 3,050 1,303

AVERAGE DAILY TRAFFIC COUNT 308.71 435.71 186.14

HIGHEST DAILY TRAFFIC COUNT 599 581 247


CROSSING STREET TESTED LINCOLN BROADWAY MAIN


DAY AND TIME INSTALLED 5/1/03 9:15 AM 5/1/03 9:00 AM 5/1/03 8:50 AM

TRAFFIC COUNT DAY 1 895 188 289
TRAFFIC COUNT DAY 2 1144 244 393
TRAFFIC COUNT DAY 3 1124 248 254
TRAFFIC COUNT DAY 4 511 114 203
TRAFFIC COUNT DAY 5 1384 254 406
TRAFFIC COUNT DAY 6 1188 281 433
TRAFFIC COUNT DAY 7 1794 294 485


TOTAL TRAFFIC COUNT RECORDED 8,040 1,623 2,463

AVERAGE DAILY TRAFFIC COUNT 1148.57 231.86 351.86

HIGHEST DAILY TRAFFIC COUNT 1,794 294 485


CROSSING STREET TESTED CEDAR BARTLETT JOHNSON


DAY AND TIME INSTALLED 5/8/03 8:15 AM 5/8/03 8:30 AM 5/8/03 8:45 AM

TRAFFIC COUNT DAY 1 3409 255 237
TRAFFIC COUNT DAY 2 4451 380 302
TRAFFIC COUNT DAY 3 3679 402 323
TRAFFIC COUNT DAY 4 3407 1402 290
TRAFFIC COUNT DAY 5 4280 808 280
TRAFFIC COUNT DAY 6 4075 537 301
TRAFFIC COUNT DAY 7 4760 417 222


TOTAL TRAFFIC COUNT RECORDED 28,061 4,201 1,955

AVERAGE DAILY TRAFFIC COUNT 4008.71 600.14 279.29

HIGHEST DAILY TRAFFIC COUNT 4,760 1,402 323


CROSSING STREET TESTED PLEASANT BLAIR WEST ROAD


DAY AND TIME INSTALLED 5/15/03 8:30 AM 5/15/03 8:45 AM 5/15/03 9:00 AM

TRAFFIC COUNT DAY 1 458 211 179
TRAFFIC COUNT DAY 2 656 213 276
TRAFFIC COUNT DAY 3 583 348 270
TRAFFIC COUNT DAY 4 621 191 226
TRAFFIC COUNT DAY 5 700 173 264
TRAFFIC COUNT DAY 6 553 190 351
TRAFFIC COUNT DAY 7 591 169 304


TOTAL TRAFFIC COUNT RECORDED 4,162 1,495 1,870

AVERAGE DAILY TRAFFIC COUNT 594.57 213.57 267.14

HIGHEST DAILY TRAFFIC COUNT 700 348 351

Mr. Amert said the possible crossings to close, based on low traffic levels during the study period, include 4th Street, Broadway Street and Johnson Street. Commissioner Baldwin said the City would not be forced to close any crossings. Mr. Nesser said that the BNSF wants to help communities like Canton wants in assistance depends upon how much the City is willing to work toward closing less-used crossings. Ms. Leibfried explained the Federal programs that the City could tap into with the assistance of BNSF to help improve crossings in exchange to close certain crossings. Vince McKenney said that he understood the main reason for the closing program was safety, but at the crossing at West Road, he has only seen the crossing repaired once in 40 years and only 2 close calls. Ms. Leibfried said the BNSF is trying to get a head of the Feds and work to have some of these crossing closed. Mr. Nesser said the decision to close crossings is up to the City of Canton, South Dakota, not the BNSF. Discussion followed. Commissioner Baldwin said that if the residents could have a couple of closed crossings that could be feasible to close. Commissioner Baldwin said he’d want to have a feasible plan for all parties involved in place. Commissioner Baldwin said that he’d like to get the public’s input and tell the Commission what to do. Mr. Nesser said that he has been working on a similar town in Colton, South Dakota, where the initial reaction was completely negative, but once the residents understood what the costs to repairs these crossings, at an estimated cost of $1,000 per lineal foot of crossing per set of track. Further discussion followed.

Commissioner Bogue said that some concern with the BNSF relates to the blocking of the only access into and out of Toft’s Trailer Court on the north end of Canton. Mr. Nesser said he well aware of the issue with that blocking due to either an underpowered engine set or a weak link in the rail line. Mr. Nesser said the BNSF wants to cause as few problems as possible in the communities it serves. Chuck Andresen said that he understands the cost for a crossing with lights and gates is $250,000. Ms. Leibfried said a lighted crossing is $150,000 with $1,000 per lineal foot of crossing for concrete crossings. Mr. Andresen asked about the distance for a switch off, in lieu of the future use of the Canton Depot and the possibility of a dinner train as stated in the Strive to Thrive meetings. Mr. Nesser said the standard is not to put a switch on a curve. Discussion followed on setting a public hearing for public input on the project. Mayor Van Wyhe asked what is done to close a crossing. Mr. Nesser explained the process to remove the crossing and renew the ties and place barriers at the former crossing. Water and Wastewater Superintendent Jeff Fossum asked if utility easements that were allowed with the crossing continue to exist if a crossing is closed and would the property revert to the neighbors. Mr. Nesser said the property in the crossing area goes back to the BNSF with utility easements staying in place. Ms. Leibfried introduced Susan Tracy from the South Dakota Department of Transportation, who explained the aspects the State of South Dakota could offer for assistance with improving present crossings in exchange to close other crossings. Ms. Tracy said with the State’s assistance, instead of a 90/10 match, with the City matching 10% of the total costs, using the State program would pay for the City’s 10%, thus making the project at no cost to the City. Discussion followed on scheduling on a public hearing. The Commission decided to think about a date for a public hearing for one week. Mayor Van Wyhe thanked Ms. Leibfried, Mr. Nesser, and Ms. Tracy for attending the meeting.


NUISANCE PROGRAM UPDATE

Finance Officer Amert said he has not received any responses yet from any of the property owners sent a letter on their extension request to provide a “plan of action:” for each property to the City by August 15th. Discussion followed.

SECOND READING OF ORDINANCE 897 – REPLACMENT OF ORDINANCE 896 TO KEEP SALES TAX AT SAME LEVEL

Finance Officer Amert said Ordinance 897 is ready for second reading and adoption. Mr. Amert explained a loophole in the Streamlined Sales Tax bill is that if a City has debt tied to the Sales Tax levels, the City can use it judgement not to make any changes to the Sales Tax levels and leave it at 2%. Mr. Amert said the City has the payments for the Fire Station and new Fire Truck tied to the Second Penny Sales Tax income. Mr. Amert said that Ordinance 896 is non-referable.

Mr. Amert said Ordinance 897 from the City Attorney which repeals the approved Ordinance 896 and leaves the sales tax in Canton at 2%, rather than the proposed 1.85%. Mr. Amert explained why the City staff proposed the two Ordinances. Mr. Amert said this is similar to how the City of Spearfish was approaching the Sales Tax issue. Mayor Van Wyhe said either way, the City will be at 2% on January 1, 2005. Finance Officer Amert reminded the Commission that Ordinance 897 is referable. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve Ordinance 897 on second reading and adoption. All ayes, motion carried.

ORDINANCE NO. 897

AN ORDINANCE IMPOSING A MUNICIPAL SALES AND SERVICE TAX AND A USE TAX FOR THE MUNICIPALITY OF CANTON, LINCOLN COUNTY, COUNTY, SOUTH DAKOTA.

BE IT ORDAINED BY THE MUNICIPALITY OF CANTON, LINCOLN COUNTY, SOUTH DAKOTA.

Section 1. That Ordinance No. 896 be and the same is hereby repealed.

Section 2. PURPOSE. The purpose of this ordinance is to provide additional needed revenue for the Municipality of Canton, Lincoln County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.

Section 3. EFFECTIVE DATE AND ENACTMENT OF TAX. From and after the first day of January, 2004, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by two percent (2.00%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Canton, Lincoln County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto. Tax will not be applied to items specifically exempt under SDCL 10-52-2.6, 10-52-11 and 10-52-12. Items exempted from municipal tax include: Farm Machinery and Irrigation Equipment, Parts or Repairs for Farm Machinery, Agricultural Animal Health Products and Medicine, Transportation Service, Collection and Disposal of Solid Waste, Veterinarian and Animal Specialty Services, and Air Transportation.

Section 4. USE TAX. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after the first of January, 2004, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.

Section 5. COLLECTION. Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue and Regulation of the State of South Dakota shall lawfully prescribe.

Section 6. INTERPRETATION. It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory hereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

Section 7. PENALTY. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200 or imprisoned in the municipal jail for thirty (30) days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.

Section 8. SEPARABILITY. If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.

Dated this 21st day of July, 2003.


Pete Van Wyhe, Mayor

ATTEST:
Dan Amert, Finance Officer

First Reading: July 14, 2003
Second Reading: July 21, 2003
Adoption: July 21, 2003
Published: July 31, 2003
Effective Date: August 21, 2003


CELL PHONE SERVICE

Mr. Amert said that he has received no further responses from the major cell phone service providers to Canton about improving service in the area. Mr. Amert said that Vince McKenney said his contact visited with him about service in Canton at that they are aware of the situation with service in Canton. The Commission directed Mr. Amert to contact the Public Utilities Commission (PUC) to discuss the poor cell phone service in the Canton area.


WARRANTS

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


PAYMENT # 5 – 2003 CANTON US HIGHWAY 18 UTILITIES IMPROVEMENT PROJECT

Finance Officer Amert said that Payment Request #5 for the 2003 State Highway Project has been submitted by the City Engineer’s office. Mr. Amert said the pay request was for $129,974.14. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve Payment Request #5 for the 2003 State Highway Project for $129,974.14 and to authorize the Mayor to sign Pay Request #5. All ayes, motion carried.


SET VARIANCE HEARING – FEUCHT

Mayor Van Wyhe read the variance request for Lowell and Marleen Feucht at 208 North Grant for a garage behind their present garage. Finance Officer Amert asked to set the hearing for August 11th at 7:15 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to set the variance hearing for Lowell and Marleen Feucht for August 11th at 7:15 p.m. All ayes, motion carried.


TRAVEL REQUEST – LEFFLER AND O’CONNOR

Finance Officer Amert requested to send Deputy Finance Officers Karen Leffler and Shari O’Connor to a Notary Public workshop in Sioux Falls on July 31st. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to send Deputy Finance Officers Karen Leffler and Shari O’Connor to a Notary Public workshop in Sioux Falls on July 31st.


2003 STATE HIGHWAY PROJECT

Mr. Ericksen said that some of the street lights downtown will be taken down this week. Mayor Van Wyhe asked when the downtown detour starts. Mr. Ericksen said that Upper Plains plans to take the south side of the area out first and maintain traffic on the north side. Mr. Ericksen said that once Upper Plains can’t maintain traffic safely in the area and has to divert traffic to the detour, the time limit in their contract with the State starts. Discussion followed.


FIRE DEPARTMENT WATER FIGHT

Mayor Van Wyhe said the Canton Fire Department will be hosting a Water Fight on July 26th by the Canton Fire and Ambulance Station. Mayor Van Wyhe said the Fire Department has requested to close Dakota Street from 5th to 4th Street during the Water Fight from 11 a.m. to 4.m. due to the need for a fire hydrant close by. Mr. Ericksen said that he’d advise not to close Dakota Street due to the traffic coming from the north down Dakota Street. Discussion followed. The Commission agreed to the Fire Department’s request.


ADJOURNMENT

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

Meeting adjourned at 8:16 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

 

BACK TO TOP


MINUTES OF CANTON CITY COMMISSION MEETING
July 14, 2003


The Canton City Commission met at City Hall on Monday, July 14, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue and Gary Schultz. Finance Officer Dan Amert recorded the minutes.

Absent: Commissioner Jim Nelson


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

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


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve the minutes of the July 7, 2003 City Commission meeting as corrected. All ayes, motion carried.


NUISANCE PROGRAM UPDATE

Finance Officer Amert said that he has sent out letters to the four properties the City has granted extensions to October 1st informing them of the City Commission’s actions. Mr. Amert said that he included a provision that required the property owner to provide a “plan of action:” for each property to the City by August 15th. Discussion followed on the status of the other properties sent letters by the City. Mr. Amert also reported the City assisted the Canton Depot Foundation by demolishing the house next to the Depot at 603 West Fourth Street.


2004 BUDGET SCHEDULE

Finance Officer Amert said the new 2004 budget books were out for the Commissioners to begin working on with their departments. Mr. Amert said the deadline to turn in initial budget numbers is August 22nd. Discussion followed.


SECOND READING OF ORDINANCE 896 – NEW SALES TAX SETTING TO COMPLY WITH SOUTH DAKOTA STATE LAW

Finance Officer Amert said Ordinance 896 is ready for second reading and adoption. Mr. Amert said that City Attorney Larry Nelson and he have been reviewing the present City Sales Tax Ordinance to see if it complies with the new South Dakota State Laws with the Streamlined Sales Tax bill. Mr. Amert said that Ordinance 896 as presented is in compliance with the Streamlined Sales tax bill. Mr. Amert said that the City received the estimates for sales tax from the South Dakota Department of Revenue and Regulation estimating the City’s level at 1.80%. Mr. Amert said after reviewing the documentation and compensating for the economic conditions, the City staff determined to place the sales tax level at 1.85%. Mr. Amert said the new tax levels would be for one year starting on January 1, 2004 to January 1, 2005.

Mr. Amert explained a loophole in the Streamlined Sales Tax bill is that if a City has debt tied to the Sales Tax levels, the City can use it judgement not to make any changes to the Sales Tax levels and leave it at 2%. Mr. Amert said the City has the payments for the Fire Station and new Fire Truck tied to the Second Penny Sales Tax income. Mr. Amert said that Ordinance 896 is non-referable.

Mr. Amert presented Ordinance 897 from the City Attorney which repeals the approved Ordinance 896 and leaves the sales tax in Canton at 2%, rather than the proposed 1.85%. Mr. Amert explained why the City staff proposed the two Ordinances. Mr. Amert said this is similar to how the City of Spearfish was approaching the Sales Tax issue. Mayor Van Wyhe said either way, the City will be at 2% on January 1, 2005. Finance Officer Amert said yes. Commissioner Bogue asked if the second Ordinance (Ordinance 897) was not referable. Mr. Amert said that the proposed Ordinance 896 is not referable, while the proposed Ordinance 897 is referable. Discussion followed on the federal legislation for sales tax on Internet and Catalog sales. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve Ordinance 896 on second reading and adoption. All ayes, motion carried.

ORDINANCE NO. 896

AN ORDINANCE AMENDING ORDINANCE 855 FOR IMPOSING A MUNICIPAL SALES AND SERVICE TAX AND A USE TAX FOR THE MUNICIPALITY OF CANTON, LINCOLN COUNTY, COUNTY, SOUTH DAKOTA.

BE IT ORDAINED BY THE MUNICIPALITY OF CANTON, LINCOLN COUNTY, SOUTH DAKOTA.

Section 1. PURPOSE. The purpose of this ordinance is to provide additional needed revenue for the Municipality of Canton, Lincoln County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.

Section 2. EFFECTIVE DATE AND ENACTMENT OF TAX. From and after the first day of January, 2004, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by one and eight-five one hundredths percent (1.85%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Canton, Lincoln County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto. Tax will not be applied to items specifically exempt under SDCL 10-52-2.6, 10-52-11 and 10-52-12. Items exempted from municipal tax include: Farm Machinery and Irrigation Equipment, Parts or Repairs for Farm Machinery, Agricultural Animal Health Products and Medicine, Transportation Service, Collection and Disposal of Solid Waste, Veterinarian and Animal Specialty Services, and Air Transportation.

Section 3. USE TAX. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after the first of January, 2004, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.

Section 4. COLLECTION. Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue and Regulation of the State of South Dakota shall lawfully prescribe.

Section 5. CHANGE IN MUNICIPAL SALES TAX EFFECTIVE DATE AND ENACTMENT OF TAX AFTER JANUARY 1, 2005. From and after the first day of January, 2005, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by two percent (2.00%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Canton, Lincoln County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto. Tax will not be applied to items specifically exempt under SDCL 10-52-2.6, 10-52-11 and 10-52-12. Items exempted from municipal tax include: Farm Machinery and Irrigation Equipment, Parts or Repairs for Farm Machinery, Agricultural Animal Health Products and Medicine, Transportation Service, Collection and Disposal of Solid Waste, Veterinarian and Animal Specialty Services, and Air Transportation.

Section 6. INTERPRETATION. It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory hereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

Section 7. PENALTY. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200 or imprisoned in the municipal jail for thirty (30) days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.

Section 8. SEPARABILITY. If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.

Dated this 14th day of July, 2003.


_______________________________
Mayor


ATTEST:

_______________________________
Finance Officer

(SEAL)

First Reading: July 7, 2003
Second Reading: July 14, 2003
Adoption: July 14, 2003
Published: July 24, 2003
Effective Date: August 14, 2003


FIRST READING OF ORDINANCE 897 – REPLACMENT OF ORDINANCE 896 TO KEEP SALES TAX AT SAME LEVEL

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve first reading of Ordinance 897, the repeal of the Sales Tax and to leave the sales tax at 2%. All ayes, motion carried.


CELL PHONE SERVICE

Mr. Amert said that he has received responses from the major cell phone service providers to Canton about improving service in the area. Mr. Amert said that Vince McKenney said his contact was supposed to contact him later this week. Mr. Amert said that he contacted Dan Korus from Yankton about his proposal to build a tower in the Canton area. Commissioner Baldwin said the major hurdle is the cost of the equipment for cell phones, not the cell tower space. Commissioner Baldwin said the standard cost to set up a tower is about $750,000 at each location. Discussion followed. Mr. Amert said that some other communities like Parker and Howard have made progress toward improving cell phone service by pressuring the Public Utilities Commission (PUC) to improve their service.


RAILROAD MEETING

Mr. Amert alerted the Commission about the representatives of the Burlington Northern Santa Fe Railroad will be meeting on July 21st to discuss the issues of railroad crossings and improving crossings in Canton.


2004 BUDGET – HEALTH INSURANCE

Commissioner Schultz asked the Commissioners to look over any changes that the City could make to the City’s Health Insurance plan. Mr. Amert explained a possible option presented by AFLAC to possibly cover the gap between the City’s present coverage and a higher deductible coverage. Discussion followed.


WARRANTS

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


EMERGENCY FOOD AND SHELTER

Commissioner Bogue said that the City would be receiving $2,523 from the Federal Government for Emergency Food and Shelter Assistance. Discussion followed on the program and how monies are requested.


HIRE REQUEST – LIBRARY ASSISTANT

Mayor Van Wyhe requested to advertise for a part-time position at the Canton Library. Mayor Van Wyhe explained that Library Assistant Tiffany Vandekeift cannot work evenings due to her schooling. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to advertise for a part-time position at the Canton Public Library. All ayes, motion carried.

SCORBOARD REPLACEMENT – WEST SIDE BALL PARK

Mayor Van Wyhe said that he is waiting on working with First American Bank & Trust about the scoreboard ordered in question. Discussion followed.


ADJOURNMENT

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

Meeting adjourned at 7:28 p.m.

__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (July 14, 2003)

GENERAL FUND: SD DOT, 10578.29, final payment on ROCS building.

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MINUTES OF CANTON CITY COMMISSION MEETING
JULY 7, 2003


The Canton City Commission met at City Hall on Monday, July 7, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the June 30, 2003 City Commission meeting as corrected. All ayes, motion carried.


RUSS HEGGEN – CANTON-INWOOD AMBULANCE ASSOCIATION

Russ Heggen of the Canton-Inwood Ambulance Association was present to demonstrate the recently purchased Rescue Truck for the Commissioners to look at.


DOUG PEDERSON – CANTON POOL

Doug Pederson, president of the Canton Recreation Board, was present to ask to hire John Suter to allow him to teach swimming lessons. Mr. Pederson said that Mr. Suter needs to work so many hours to keep his WSI (Water Safety Instructor) certification up to date. Mayor Van Wyhe said the request is to allow Mr. Suter to work during the 5 p.m. to 6 p.m. period when there are special lessons for toddlers going on. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to hire John Suter from 5 p.m. to 6 p.m. Monday to Friday at a rate of $7.00 per hour. All ayes, motion carried.


SELENA ALDRIN AND LORI LEMS – FUN NIGHT WITH CANTON CAR SHOW

Lori Lems and Selena Aldrin approached the Commissioners for their advice on having a Community Fun Night in conjunction with the traditional Cruise Night on July 26th. Ms. Lems said they want to do something for the community that night. Ms. Lems said that she has talked to Car Show promoter Randy Ludwig about having a pork loin feed, a free concert and other events on July 26th. Ms. Lems said that they are willing to do the leg work if the City was willing to help and have them use Jack Fox Park for this “Fun Night”. Ms. Lems said they would use the local vendors as much as possible to make it a community event, and have the proceeds going to a local charity. Commissioner Schultz asked who would work at this event. Ms. Lems said that she would be able to get the people together to handle the event. Discussion followed. Commissioner Bogue said that he is very much in favor of this event. Mayor Van Wyhe said that Jack Fox Park is the place to have this event. Police Chief Al Warnock said his only concern was that the detour would be in front of Jack Fox Park on that night. Further discussion followed. Commissioner Nelson asked if the people would use Jack Fox Park. Ms. Lems said that she doesn’t see problems using the park. The Commission agreed to the request to use Jack Fox Park on July 26th.


NUISANCE PROGRAM

Finance Officer Amert said that he would be sending out letters to the properties the City has granted extensions to October 1st informing them of the City Commission’s actions. Discussion followed on the status of the other properties sent to by the City. Mayor Van Wyhe said that he’d like to see in this letter that the properties in question to have the property owners prepare a plan of action to repair the property to the City with a deadline of August 15th. The Commission agreed to Mayor Van Wyhe’s request.


SCORBOARD REPLACEMENT – WEST SIDE BALL PARK

Mayor Van Wyhe said that one of the two scoreboards damaged in the storms last week was repaired and the one at West Side Ball Park was unable to be repaired. Mayor Van Wyhe presented prices for a new scoreboard from Daktronics of Brookings, SD at the West Side Ball Park to replace the damaged scoreboard. Finance Officer Amert said for the side of the scoreboard being looked at would be about $7,000, with funds paid for from the 2003 Budget in Parks and Recreation. Mayor Van Wyhe described the scoreboard in question. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the purchase of the scoreboard for West Side Ball Park as quoted from Daktronics. All ayes, motion carried.


2004 BUDGET

Finance Officer Amert said the 2004 Budget books would be ready next week. Mr. Amert said that he’d like to have the requests back to his office by August 22nd. Mr. Amert discussed the rest of the budgeting schedule. Mr. Amert explained the newest Sales Tax report through June 30th, which showed the sales tax receipts up in Canton by 13% over last year. Discussion followed. Mr. Amert said the tell-tale is the next 3 months to see the effect of the 2003 State Highway Project.


FIRST READING OF ORDINANCE 896 – NEW SALES TAX SETTING TO COMPLY WITH SOUTH DAKOTA STATE LAW

Finance Officer Amert said that with the change in South Dakota State Law, all municipalities in South Dakota have to for the 2004 fiscal year is to adjust their sales tax levels to allow for the new Streamlined Sales Tax and to be “revenue neutral.” Mr. Amert said that after discussing the state law changes with City Attorney Larry Nelson, the City would adjust its Sales Tax levels for 2004 from 2% to 1.85%, to compensate for the new sales tax levels and comply with South Dakota State Law. Mr. Amert explained the sections of the Ordinance 896. Mr. Amert said that in the new Ordinance, effective January 1, 2005, the City’s sales tax goes back to 2%. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve Ordinance 896 on first reading. All ayes, motion carried. Mr. Amert said this Ordinance to make the changes is not referable.


CELL PHONE SERVICE

Commissioner Schultz asked Finance Officer Amert and Vince McKenney if they have heard back yet from the Cell Phone companies about improving service to the Canton area. Mr. Amert said that he has heard yet from the Cell Phone companies as of today. Mr. McKenney said that he has not heard back yet either. Discussion followed on the service.


BOATS ON THE STREETS

Commissioner Schultz raised an issue about a few boats that are parked on the City streets for longer than the allowed 72 hours under City Ordinance. Police Chief Al Warnock said that his staff has talked to the party in question about parking on the street.


WARRANTS

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


PARKING SEMI-TRAILERS

Mayor Van Wyhe said that he is also seeing semis and trailers parking on the north side of the Lincoln County Courthouse and was concerned about parking there when the Courthouse is open. Discussion followed. Mayor Van Wyhe said that area is not designated as a truck parking area.


SEALED BIDS ON CITY VEHICLES

Commissioner Baldwin said that the City will be soon placing for sealed bids one of the City’s police cars and the older rescue truck. Mayor Van Wyhe said advertising both at the same time would help interest more people. Mayor Van Wyhe said that he wants in the sealed bid notice that if the City does not get as much as it wants, it should have the right to reject any and all bids.


SHOOTING INCIDENT

Commissioner Baldwin asked to clear the air related to the chase and shooting at Toby’s Amoco. Commissioner Baldwin stated that one (1) shot was fired at the truck being chased and that to all of the law enforcement involved, the shot was safe and recommended. Commissioner Baldwin said that the Police Officers are trained when to take a shot that is safe and correct.


RAILROAD MEETING

Finance Officer Amert said that he has been in contact with officials of the Burlington Northern Santa Fe Railroad about meeting with the City Commission before meeting with the public regarding railroad crossings. Mr. Amert said the expected meeting time should be in 2-3 weeks. Discussion followed.


STORM SHELTER

Mr. Amert said residents of the Gas Light Trailer Park, Daisy and Jim Spearow, asked if there was a storm shelter for residents of the trailer parks to go to during storms. The Commission said the City does not require the installation of storm shelters in the trailer parks at this time.


LOOPING

Mr. Amert said one local resident, Maevis Hales, has been concerned with traffic looping in Canton on the highway and that the problems seen in Sioux Falls with looping may move to Canton. The Commission took the comments under consideration.

CONSTRUCTION EQUIPMENT ON 2003 HIGHWAY PROJECT

Mayor Van Wyhe said that he was contacted about some people has been parking in front of the Canton Fire and Ambulance Station and could become a hazard to fire protection if too many people park in front. Discussion followed.


ADJOURNMENT

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

Meeting adjourned at 7:45 p.m.

__________________________________
Dan Amert, Municipal Finance Officer

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MINUTES OF CANTON CITY COMMISSION MEETING
JUNE 30, 2003


The Canton City Commission met at City Hall on Monday, June 30, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the June 23, 2003 City Commission meeting as presented. All ayes, motion carried.


JACK LEASE – RAILROAD CROSSING

Jack Lease, representing Bid-Well Corporation, wanted to know if the City of Canton was planning to have any other public hearings to discuss railroad crossings. Mayor Van Wyhe said the City is planning to first meet with the Burlington Northern Santa Fe first, then to have public hearings thereafter. Mayor Van Wyhe said the City is in the initial phases of this issue. Mr. Lease said that Bid-Well would like to have some input about the crossings if a crossing is closed near their plant, would the other crossings be made larger in size to accommodate larger size traffic.


RANDY LUDWIG – SIDEWALK TO BUSINESS PROPERTY

Randy Ludwig, owner of Randee’s Kustom Awards in Canton, said that he wanted to know if the sidewalk on the south side of US 18 would no go out to his business, but the sidewalk does go out to Alco Discount Store (1130 East Fifth) on the north side. Mr. Ludwig said that he thinks the sidewalk should be extended out also. Mayor Van Wyhe said that he did not know that if the sidewalk went that far. Finance Officer Amert said that he could check with the State about Mr. Ludwig’s sidewalk, and if the sidewalk was not to be installed, request the State put the sidewalk in. The Commission agreed to turn the matter over to the State of South Dakota.


DISPUTE OF DAMAGE TO ELECTRICAL BOX – RANDY LUDWIG

Mr. Ludwig said that he wanted to discuss a bill sent to him regarding the electrical box in Jack Fox Park. Mr. Ludwig said a bill to repair the electrical box installed at Jack Fox was sent to him and should not have been because his electrician, Curt Courtney, has told City staff previously of the problems with the box. Mr. Amert explained the issue with the damaged box, that only the Canton Car Show and the Canton Optimist Club use the box, and that the Optimist Club discovered the box damaged this spring. Mr. Ludwig said that he does not know anything about the damage to the box except for what Mr. Courtney has stated to him. Commissioner Bogue suggested that the City pay for the electrical work on the box, but that the City has the only access to the box in the future. Discussion followed. The Commission agreed to Commissioner Bogue’s suggestion.


CAR SHOW AGREEMENT – RANDY LUDWIG

Mr. Ludwig also discussed the agreement sent to him for use of the City streets for the Canton Car Show this year. Mr. Amert said that he sent the same agreement to Mr. Ludwig that has been sent in previous years. Mr. Ludwig stated that he was only using three City streets, he was not using Jack Fox Park and that no detour was being requested by the City. Mr. Ludwig asked if people that also close down City streets, such as auctioneers, pay the City for any cost to close the City street. Commissioner Bogue said that the cost also helps pay for City staff with clean up after the Car Show and stated the City does not make any money off of the $200.


HIRING OF POLICE OFFICERS – RANDY LUDWIG

Mr. Ludwig also questioned why the City of Canton went out and hired 18 extra officers for a Cruise Night that may not happen. Mr. Ludwig said he did not advertise a “Cruise Night” on his promotional materials, but was concerned hiring the same number of officers for July 26th was overkill. Commissioner Baldwin stated that the Police Department is still anticipating a “Cruise Night” even though it was not advertised. Commissioner Baldwin said the City will be looking to keep problems off of the residential streets this year. Police Chief Al Warnock stated that his concern is with the cars driving on the residential streets. Mr. Ludwig said that he has been working with the local businesses to attract people to the businesses during the Car Show, including hiring local buses or shuttles to bring people to the antique stores on July 27th. Mr. Ludwig said that he has no problems with the residents around the Canton High School since the meeting with the City Commission this spring. Discussion followed.

PAYMENT #4 – 2003 CANTON US HIGHWAY 18 UTILITIES IMPROVEMENT PROJECT

Finance Officer Amert said that Payment Request #4 for the 2003 State Highway Project has been submitted by the City Engineer’s office. Mr. Amert said the pay request was for $158,283.01. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve Payment Request #4 for the 2003 State Highway Project for $158,283.01 and to authorize the Mayor to sign Pay Request #4. All ayes, motion carried.


PAYMENT #1 – 2003 CANTON CURB AND GUTTER PROJECT

Finance Officer Amert said that Payment Request #1 (Final) for the 2003 Canton Curb and Gutter Project has been submitted by the City Engineer’s office. Mr. Amert said the pay request was for $21,056.53. Discussion followed on billing back to Lincoln County for the total cost for the Courthouse block project. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve Payment Request #1 for the 2003 Canton Curb and Gutter Project for $21,056.53 and to authorize the Mayor to sign Pay Request #1. All ayes, motion carried.


CITY HALL LANDSCAPING

Mayor Van Wyhe said that after talking further to Public Works Superintendent Palmer Ericksen, the plan is to wait on landscaping at City Hall until late summer or into the fall. Commissioner Bogue said that he may have a local person needing to fulfill a merit badge towards an Eagle Scout that may be useful in helping with this project. Discussion followed on how to water and care for sod if installed at Canton City Hall.


7:15 P.M. – VARIANCE HEARING FOR DALE AND SHARON PRICE

Mayor Van Wyhe opened the Variance Hearing for Dale and Sharon Price at 115 North Howard Street for a deck to close to the property line. Mayor Van Wyhe said the Planning and Zoning Commission approved the Variance 4-0. Commissioner Bogue asked if anyone was present to speak against the proposed variance. No one was present to speak for or against the variance. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the variance request. All ayes, motion carried.


NUISANCE STATUS

Finance Officer said he’d be sending follow up letters to the properties granted time extensions until October 1, 2003 to make repairs:

902 West Fifth Street – Reavis Heiskell Jr.
6th and Johnson – Bill Morgan
607 South Cedar – Don Farnsworth Jr. (Erma Thompson)
421 West 6th Street – Don Baldwin

Mr. Amert said that no other properties have contacted him with requests to clean up their properties. Discussion followed.


CELL PHONE SERVICE TO CANTON

Finance Officer Amert said he has not received calls back from the local cell phone companies he has contacted about their plans on improving cell phone service to Canton. Vince McKenney said that he was still awaiting a call back from his cell phone company, Verizon Wireless. Discussion followed.


EASEMENT AGREEMENTS – CITY AND QWEST

Finance Officer Amert presented requests for easements from Qwest Communications to grant easements to two of the City’s properties for improving phone service during the 2003 State Highway Project. Mr. Amert said the easements were reviewed by City staff at Noid Road (west side of the property) and at the Hiawatha Golf Course (south side of property near driveway entrance near Hole #1. Mr. Amert said the easement requested by Qwest for the Hiawatha Golf Course has to also sign off by the Golf Club board. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the easement requests and to have the Mayor sign the easements with the stipulation that the easement at the Hiawatha Golf Club be signed by the Hiawatha Golf Course board. All ayes, motion carried.


RECREATION SCOREBOARD DAMAGE

Mayor Van Wyhe reported that two of the scoreboards were damaged last week (east side diamond at Kennedy Park; West Side Ball Park). Mr. Amert said that Daktronics was in the area on June 30th and has taken the main computer drivers from the scoreboards to see if they can be repaired or need to be replaced. Mr. Amert said that to repair the boards as is will be about 50% of the cost of a new scoreboard. Discussion followed.


SEVERE WEATHER OF JUNE 24th

Commissioner Baldwin explained the procedure on handling of sounding the sirens during the severe weather on June 24th.

CIRCUS

Mayor Van Wyhe and Commissioner Baldwin thanked the Canton Area Commerce Association for sponsoring the Culpeper and Merriweather Circus on June 27th. Commissioner Bogue thanked especially John Lems and Ron Ingebrightson for their work with cleaning up the site and their efforts to make the Circus a success. Discussion followed.


FIRE DEPARTMENT REQUEST – SHOW OFF NEW FIRE TRUCK

Commissioner Baldwin said the Canton Fire Department has asked to display the City’s new fire truck in the Lennox 4th of July parade on Friday, July 4th. Commissioner Nelson said that he thinks this is a good move for the City. The Commission agreed with the request.


FREE DUMPING OF TREES – STORM DAMAGE

Commissioner Nelson asked if the City allowed for free dumping of trees after storms such as the storm that came through on June 24th. Mayor Van Wyhe said the City does allow for free dumping of trees due to storm damage. Discussion followed on the trees blown down from the June 24th storm.


WATER FIGHT

Mayor Van Wyhe said the Canton Fire Department will be hosting a Water Fight on July 27th by the Canton Fire and Ambulance Station. Discussion followed.


2004 BUDGET

Finance Officer Amert said he anticipates the 2004 Budget books being ready for next week’s meeting for the Commission to begin working on.


EXECUTIVE SESSION

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

Executive Session began at 7:36 p.m.
Mayor Van Wyhe ended at 7:47 p.m.


ADJOURNMENT

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

Meeting adjourned at 7:48 p.m.


__________________________________
Dan Amert, Municipal Finance Officer

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Minutes of City Commission meeting

June 23,2003


The Canton City Commission met at City Hall on Monday, June 23, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the June 16, 2003 City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert presented the minutes of the May 6, 2003 Planning and Zoning Commission meeting for the Commission to review.


LYNNE KELLER – SOUTH EASTERN DEVELOPMENT FOUNDATION

Lynne Keller, Executive Director for the South East Council of Governments (SECOG) and Executive Director of the South Eastern Development Foundation, was present to discuss the Foundation. Ms. Keller explained that the Foundation was initially discussed to help businesses in the six-county area with working capital to expand or relocate in the area. Ms. Keller said that the goal was to raise $1,000,000 for the Foundation and that of this meeting, $500,000 has been raised. Ms. Keller said the Foundation was in the process of talking to the cities in the area to help support the Foundation with funding. Commissioner Bogue said that he has discussed this Foundation with former State Representative Mike Broderick and supported the program fully. Commissioner Bogue motioned to support the program with $10,000 commitment and to budget for the funds in the City budgets in the near future. Discussion followed on the Foundation. Commissioner Schultz asked about where was Commissioner Bogue proposing to draw the funds. Commissioner Schultz said that he’d like to see where the City stands during the upcoming 2004 budget hearings. Ms. Keller said that Lennox has committed $10,000 toward the Foundation, spread out over 3 years. Ms. Keller said it is up to the City how they would commit to the Foundation, but the sooner the funds are committed, the better for the City and the Foundation. Motion dies for a lack of a second. Mayor Van Wyhe said that he sees this as a good idea and would be discussed during the 2004 budget hearings.


SEWER BACKUP TO HOUSE – WAYLAN WELLMAN

Finance Officer Amert presented the service calls related to problems with the sewer system in the area near Tom Wellman’s house at 512 South Broadway, going from June 2003 back to 1998. Mr. Amert said the records have shown some problems in that area. Discussion followed on the sewer problems in that area. Commissioner Nelson asked how much was the bill from Roto-Rooter in question. Waylan Wellman said the cost was about $185. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the payment of the claim to Tom Wellman directly for the work completed by Roto-Rooter. All ayes, motion carried. Public Works Superintendent Palmer Ericksen said the City has many problems with disposable diapers and socks lodged into the Sewer system, causing problems similar to the one experienced by the Wellman’s.


CONTINUATION OF MALT BEVERAGE LICENSING HEARING – PIZZA HUT

Finance Officer Amert presented the corrected Malt Beverage application for Pizza Hut at 101 North Grant for the 2003-2004 licensing year. Mr. Amert said the issues with the property taxes and the agreement have been taken care of. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the application for Pizza Hut for a malt beverage license with the City of Canton. All ayes, motion carried.


COMMON USE AGREEMENT – CITY AND KEYSTONE

Commissioner Bogue said the Common Use Agreement between the City and Keystone Treatment Center, allowing the City to use the open Keystone property for such activities as soccer, baseball, softball and other events, has been submitted to the attorneys for Keystone’s parent corporation for their review. Discussion followed on the upcoming Circus on Friday, June 27th using the Keystone property.


7:15 P.M. – VARIANCE HEARING FOR JIM AND LAURIE GATES

Mayor Van Wyhe opened the Variance Hearing for Jim and Laurie Gates at 303 West Fourth Street. Mayor Van Wyhe said the Gates’ changed the variance to make the request easier for the Planning and Zoning Commission to approve. Mayor Van Wyhe said the Planning and Zoning Commission approved the Variance 4-0. Commissioner Bogue asked if anyone was present to speak against the proposed variance. No one was present to speak for or against the variance. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the variance request for Jim and Laurie Gates. All ayes, motion carried.


CELL PHONE SERVICE TO CANTON

Finance Officer Amert said that he has not received calls back from the local cell phone companies he contacted earlier in the week about their plans on improving cell phone service to Canton. Vince McKenney said that he was awaiting a call back from his cell phone company, Verizon Wireless. Mr. Ericksen asked if any of these cell phone companies have made contacts with the City to using the City’s water tower to improve the service. The Commission said no. Mayor Van Wyhe said that he wants the residents to know that the City is not against improving cell phone service, but none of the companies have come to the City asking to use the City water tower. Discussion followed.


CHANGE ORDER #2 – 2003 US HIGHWAY PROJECT CANTON UTILITY IMPROVEMENTS

Finance Officer Amert presented from City Engineer Myron Adam Change Order #2 for the 2003 State Highway Project to furnish and install a mix flush valve at the Riverview Lift Station for an additional cost of $2,030.00. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to approve Change Order #2. All ayes, motion carried.


7:20 P.M. – RE-ZONE HEARING FOR DAVID SCORE

Mayor Van Wyhe opened the Re-Zone Hearing for David Score at 406 and 408 West Fifth Street from R-1 Single Family Residential to R-2 General Residential. Mayor Van Wyhe said the Planning and Zoning Commission approved the re-zone request 4-0. Commissioner Bogue asked if anyone was present to speak for or against the proposed re-zoning request. No one was present to speak against the re-zone request. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the variance request for Jim and Laurie Gates. All ayes, motion carried.


NUISANCE STATUS

Finance Officer asked to move up discussion on the status of nuisance properties due to a new visitor to the meeting. Donald Farnsworth Jr. of Centerville, SD was present to discuss the property at 607 South Cedar that has been inspected by the City’s Housing Inspector. Mr. Farnsworth Jr. asked to be granted time to rehabilitate the house this year and to bring the house into compliance with the Housing Inspector’s report. Mayor Van Wyhe said that he has talked to Reavis Heiskell Jr. about his house at 902 West Fifth and with Bill Morgan about his house at the corner of 6th and Johnson. Mayor Van Wyhe said that he is comfortable giving these property owners until October 1st to complete the repairs needed to the properties. Discussion followed on following up with a second inspection to the two houses (Farnsworth Jr. and Morgan) that have been previously inspected. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to grant to the following properties time to make repairs to the following properties:

902 West Fifth Street – Reavis Heiskell Jr.
6th and Johnson – Bill Morgan
607 South Cedar – Don Farnsworth Jr. (Erma Thompson)
421 West 6th Street – Don Baldwin

until October 1, 2003. Motion seconded by Commissioner Nelson. All ayes, motion carried.


ORDINANCE 888 – DISCUSSION OF AMENDMENTS TO ZONING ORDINANCE

Finance Officer Amert presented the discussed changes to the Zoning Ordinance as of the June 16th City Commission meeting. Discussion followed on the proposed changes to the Zoning Ordinance. Commissioner Bogue said he believes going back to the present setbacks makes the houses too close for future development of Canton. Motion moved by Commissioner Nelson to accept Ordinance 888 on second reading and adoption. Motion seconded by Commissioner Baldwin. Vote - Ayes 4, Nay 1 – Motion carried. Ayes – Nelson, Baldwin, Schultz and Van Wyhe; Nay – Bogue.


SIDEWALK CONSTRUCTION – RULES FOR CITY TO PROCEED

Mr. Amert reported from the City Attorney on the documentation needed by the City to proceed on a property that needs sidewalk installation or replacement, according to City Ordinance. Mr. Amert said that this follows the City Ordinances. Discussion followed.


RAILROAD STUDY

Finance Officer Amert explained the results of the recent study of the traffic flows at the street crossings across Canton. Mr. Amert discussed the background to the reasons for the study of the railroad crossings due to rules coming from the Federal Railroad Administration. Mr. Amert said the initial study group crossings in the following manner:

North Cedar Cedar Street
3rd Street Bartlett Street
4th Street Johnson Street

Lincoln Street Pleasant Street
Broadway Street Blair Street
Main Street West Street South

Mr. Amert said that Roland Kranz from the City’s Public Works department did all of the measuring and recording of the information for the study and thanked Mr. Kranz for his work. Mr. Amert went over the counts from the traffic study for each crossing. Mr. Amert said throughout the study, some clear crossings of low traffic were seen, including 4th Street, Johnson Street and Broadway or Main Street. Mr. Ericksen said that the numbers could be altogether different in 3 months. Commissioner Baldwin asked if there were a fixed number of crossings that needed to be closed in Canton. Mr. Amert said that the Federal Railroad Administration is dictating that 25% of all crossings across the United States, so there is room for decision to be made. Discussion followed on potential funding sources to help with other access street or streets around that crossing. Mr. Amert said that the Commission would need to look at setting up some public meetings to take input from the public to which crossings should be closed. Mayor Van Wyhe said would any one respond to a public hearing on closing railroad crossing. Commissioner Bogue said that the Railroad Roadmaster would be willing to meet with the public to discuss the potential closing of railroad crossing. Further discussion followed. The Commission directed Finance Officer Amert to set up a meeting with the Railroad first with the City Commission before the City holds the public hearings on the potential closing of railroad crossings.


DOGS ON THE LOOSE

Commissioner Schultz said the he has been getting complaints about the large number of dogs on the loose in Canton. Commissioner Baldwin said that he’d visit with Animal Control Officer Tom Petry about stepping up patrols again. Mayor Van Wyhe said that he does not see Mr. Petry out on regular patrols in town. Commissioner Baldwin said that when needed, Mr. Petry is available 100% of the time and that he’d like people to call dispatch if they have problems with dogs running loose in Canton. Mr. Ericksen said that he knows of a dog on the loose in Kennedy Park the last week that has tipped the garbage over the park 2 to 3 times a day. Commissioner Bogue agreed with Commissioner Baldwin to have the residents utilize calling the dispatch office to report dogs on the loose.


WARRANTS

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


2003 STATE HIGHWAY PROJECT UPDATE

Finance Officer Amert reported that small paving tracts associated with the south side of the west mile of the project was to be worked on this week. Mr. Amert said the City’s contractor is continuing to work on the City’s infrastructure improvements on the east side of Canton.

FIREWORKS FOR JULY 4th

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to allow the shooting off of fireworks in the Corporate Limits of the City of Canton on Friday, July 4th only from 11 a.m. to 11 p.m. All ayes, motion carried.


POLICE ACCIDENT – CAR CHASE

Police Chief Al Warnock explained to the Commission the recent car chase and accidents with the City Police cars on June 20th. Chief Warnock said the 2001 and 2003 Police cars were damaged during the chase on the evening of the 20th. Chief Warnock said that Police Officer Rick Miller shot out one of the tires from the eluding pickup truck. Chief Warnock said the eluding person did get away that evening, but was apprehended on June 21st on multiple charges from the incident. Chief Warnock said that the 2001 Police Car sustained $558 in damages, with the 2003 Police Car sustaining $3,300 in damages. Commissioner Schultz asked about the why the City went to great lengths trying to apprehend the person. Chief Warnock said the initial stop was for speeding, but escalated due to profanities and eluding the police officer at the time of the initial stop led to the escalated chase. Chief Warnock said the damage to the police cars happened at Toby’s Amoco. Discussion followed.


CITY HALL LANDSCAPING

Mr. Ericksen asked the Commissioners to look at the landscaping at City Hall, especially the bushes on the west and north sides. Mr. Ericksen said that the landscape bushes are shot and need to be removed. Mr. Ericksen said he wants to proposed taking the bushes out and replacing with sod on those sides. Mr. Amert asked the Commissioners to look over the building and would put the item onto the Agenda for the meeting of June 30th.


COURTHOUSE PARKING

Discussion followed on the future parking arrangement around the Lincoln County Courthouse after the County paves in front of the work completed in May and June of 2003.


ADJOURNMENT

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

Meeting adjourned at 8:16 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (June 23, 2003)

GENERAL FUND: Farmers State Bank, 20604.97, payroll; First American Bank & Trust, 3987.38, social security; First American Bank & Trust, 2173.60, federal withholding; AFLAC, 516.90, insurance premiums; Colonial Insurance, 6.72, insurance premiums; FSA Section 125, 39.26, Section 125 premiums; Landmark Dental, 148.69, dental insurance; New York Life, 40.00, life insurance premiums; Pre-Paid Legal Services, 112.08, insurance premiums; SDRS, 4296.13, retirement; SDRS SRP, 50.00, supplemental retirement; Best Western Ramkota – Watertown, 76.37, meal and room expense for Warnock; Dowdey’s Maintenance Services, 3377.50, payment #1 on work at Canton Senior Citizens Center and Carnegie Library buildings; Holmes Murphy, 50.00, notary public bond for Officer Hilt; Kutie Kari Books, 237.00, artist in residence expenses for Library; Neal’s Towing, 60.00, towing of pickup; Qwest, 48.89, telephone service; SD Division of Motor Vehicles, 12.00, license and title fees for new rescue truck; Secretary of State’s Office, 10.00, notary public application for Officer Hilt.


ADDITIONAL SALES TAX FUND: First American Bank and Trust, 33879.24, payment #1 for principal and interest on Promissory Note for Canton Fire and Ambulance Station; Smeal Fire Apparatus, 600.00, payment on 2002 MetroStar Fire truck.


LIQUOR FUND: Farmers State Bank, 2893.27, payroll; First American Bank & Trust, 567.60, social security; First American Bank & Trust, 328.86, federal withholding; AFLAC, 14.70, insurance premiums; Colonial Insurance, 6.98, insurance premiums; FSA Section 125, 5.38, Section 125 premiums; Landmark Dental, 14.76, dental insurance; Pre-Paid Legal Services, 7.63, insurance premiums; SDRS, 805.60, retirement.


WATER FUND: Farmers State Bank, 2677.51, payroll; First American Bank & Trust, 531.94, social security; First American Bank & Trust, 317.31, federal withholding; AFLAC, 67.49, insurance premiums; Colonial Insurance, 13.64, insurance premiums; FSA Section 125, 12.82, Section 125 premiums; Landmark Dental, 36.57, dental insurance; Pre-Paid Legal Services, 30.40, insurance premiums; SDRS, 729.39, retirement; SDRS SRP, 7.64, supplemental retirement.


SEWER FUND: Farmers State Bank, 2703.41, payroll; First American Bank & Trust, 536.82, social security; First American Bank & Trust, 326.17, federal withholding; AFLAC, 63.35, insurance premiums; Colonial Insurance, 13.06, insurance premiums; FSA Section 125, 11.72, Section 125 premiums; Landmark Dental, 35.46, dental insurance; Pre-Paid Legal Services, 29.29, insurance premiums; SDRS, 700.37, retirement; SDRS SRP, 7.36, supplemental retirement; Qwest, 46.07, telephone service.


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MINUTES OF CANTON CITY COMMISSION MEETING

JUNE 16, 2003


The Canton City Commission met at City Hall on Monday, June 16, 2003 at 7:00 p.m. with the following members present: Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. Finance Officer Dan Amert recorded the minutes.

Absent: Mayor Pete Van Wyhe


MAYOR PRO TEM

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to appoint Commissioner Bogue as Mayor Pro Tem. All ayes, motion carried.


PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was spoken by all present.


APPROVAL OF THE AGENDA

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


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the June 9, 2003 City Commission meeting as presented. All ayes, motion carried.


SEWER BACKUP TO HOUSE – WAYLAN WELLMAN

Waylan Wellman, representing Tom Wellman at 512 South Broadway, asked to have an explanation as to their claim against the City for work done to their sewer service line. Mr. Wellman said that he has a statement from Roto-Rooter asserting the City was at fault for the problems with their sewer service. Commissioner Nelson said that claim was turned over to the City’s insurance company. Mr. Wellman said that the City’s insurance company has turned down their claim, but requested to see the City’s inspection records for that area to prove the City did keep their sewer main cleared. Mr. Wellman said that his dad had to call Roto-Rooter within 6 weeks of the last problem. Mr. Wellman said that obviously, there is a problem. Mayor Pro Tem Bogue asked to have the item placed on next week’s agenda and have information on the service records available for next week’s meeting. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to table the matter for one week. All ayes, motion carried.


VINCE McKENNEY - CELL PHONE SERVICE TO CANTON

Vince McKenney approached the City Commission to ask the City to revisit the issue of the poop cellular phone service to the Canton area. Mr. McKenney asked the Commission to see if the major cellular phone service companies would be interested in renting out the City’s water tower for the use of the space to provide better cellular phone service. Mr. McKenney said that improving the cellular phone service would help the entire community. Gene Ingebrigtson said that Canton has very poor cellular phone service and why can’t the City help to improve the service. Mike Ingebrigtson said the City would have to be aware of issues with State lines and cellular phone service. Mr. McKenney asked how the City arrived at its figure to rent the space on the water tower of $500 per month. Commissioner Nelson said the City contacted other cities to see what other towns rented their water towers for. Mr. McKenney asked what it would cost the City to allow a company to rent space on the tower. Commissioner Baldwin said the City has concerns with security on the water tower and to the drinking water it holds. Mr. McKenney said having some service on the water tower is better than what Canton has now. Discussion followed. Commissioner Baldwin asked when does the City stop in allowing services onto the water tower. Mike Ingebrigtson said the City could limit the number of companies allowed on the tower. Mayor Pro Tem Bogue asked City staff to contact the major cellular phone companies to see if there is interest in locating in the Canton area or on the water tower. Commissioner Nelson said that he has to think of all residents in Canton, not just a select group. Mike Ingebrigtson said that cellular phone service is a huge complaint with many people around in Canton. Mr. McKenney said the City should seriously look at improving this service.


ORDINANCE 888 – DISCUSSION OF AMENDMENTS TO ZONING ORDINANCE

Finance Officer Amert presented the discussed changes to the Zoning Ordinance along with results from other communities in South Dakota regarding setbacks used from primary structures in residential districts. Commissioner Nelson said that he wanted to propose to bring the original set backs into the new Ordinance. Discussion followed. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to go back to the original setbacks in the residential districts (R-1, R-2 and R-3). Mayor Pro Tem Bogue said he believes that is too close for the future development of Canton. Mayor Pro Tem Bogue said developers would only follow rules that are required of them and will try to get the most bang for the buck. Vince McKenney said that the market would dictate what is needed. Commissioner Baldwin said the developer would provide what the marketplace demands. Mayor Pro Tem Bogue asked the Commission where could we find a balance on this issue. Mayor Pro Tem Bogue asked the Commission to think about the future of Canton. Ayes 2, Nay 1 – Motion carried. Ayes – Nelson, Baldwin; Nay – Schultz.


DILAPIDATED HOUSING

Finance Officer Amert presented new letters from six properties that were listed as either dangerous or dilapidated. Discussion followed on rehabilitating the houses. Finance Officer Amert said that he’d like to discuss all of the properties sent letters with reports at the June 23rd City Commission meeting.


CANTON CAR SHOW – REQUEST FOR EXTRA OFFICERS

Police Chief Al Warnock requested to the City Commission to hire 18 extra police officers for the Canton Car Show for July 26th during the normal “Cruise Night” festivities. Chief Warnock said that he was going on the premise of normal practices for the Cruise Night due to the potential problems with cruising even with the US Highway 18 project in progress. Commissioner Nelson stated he heard that some of the Cruise Night activities might be in Fairview this year. Mayor Pro Tem Bogue said that the City should be prepared anyway. Chief Warnock said that he has concerns with traffic on side streets from Highway 18 during that time. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to authorize the hiring of the extra officers. Ayes 3, Nay 1 – motion carried. Ayes – Baldwin, Nelson and Schultz; Nay – Bogue.


RESCUE TRUCK

Commissioner Baldwin said that the new rescue truck arrived on June 12th. Commissioner Baldwin said that he is impressed with the new truck and the old truck is being stripped of radios and equipment to be used on the new truck.


HOUSING BURNING REQUEST – 511 EAST MARTIN

Commissioner Baldwin said that John Schutte requested to have the house at 511 East Martin he purchased from Howard Kroger to be burned down for practice by the Canton Fire Department. Commissioner Baldwin referred the matter to Fire Chief Trevor Ekle for him to investigate. Discussion followed on the property owners in the area and demolishing the house other than by burning.


ORDINANCE 888 – ISSUE OF SETBACK

Planning Commission Chair Tom Raymon asked to have a separate issue from the discussion of the Zoning Ordinance discussed. Mr. Raymon said a proposal from two weeks ago was to set up special setbacks in residential districts for accessory structures (sheds, garages, etc.). The Commission agreed to look at the issue at next week’s meeting.


WARRANTS

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


2003 STATE HIGHWAY PROJECT UPDATE

Finance Officer Amert reported that paving was completed last week on the south side of the west mile of the project. Mr. Amert said the City’s contractor is continuing to work on the City’s infrastructure improvements on the east side of Canton.


SWIMMING POOL - RAISES

Commissioner Baldwin, for the absent Mayor Van Wyhe, motioned to raise the wages for the following staff at the Swimming Pool:

Liz Hanson, Jackie Schneller and Justin Tuntland - .25 per hour (error at start of year due to their earning WSI certification in 2002)

Jason Mundt, Liz Richmond, Debra Pederson - .50 per hour (completed WSI certification in spring of 2003).

Motion seconded by Commissioner Nelson. All ayes, motion carried.


TRAVEL REQUEST - AMERT

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to send Finance Officer Amert to a Performance Evaluation workshop in Sioux Falls on July 11th. All ayes, motion carried.


USE OF SIOUX EMPIRE UNITED WAY PROGRAM

Finance Officer Amert presented information on a new Sioux Empire United Way program that the City would use in the summer of 2004 to assist low-income families with paying for swimming lessons and recreation fees. Discussion followed. Motion moved by Commissioner Baldwin, seconded by Commissioner Nelson to authorize the Finance Officer to enter into an agreement between the City and Sioux Empire United Way for this program. All ayes, motion carried.

CITY WEB SITE

Finance Officer Amert presented that www.cityofcantonsd.com is up and running on the Internet. Mr. Amert said that he is working with the Canton Area Commerce Association and the Canton Development Corporation to work to integrate the sites into a more seamless use of Canton web sites together.


EXECUTIVE SESSION

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to enter into Executive Session for Personnel matters. All ayes, motion carried.

Executive Session began at 7:50 p.m.
Mayor Pro Tem Bogue ended Executive Session at 8:04 p.m.


ADJOURNMENT

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

Meeting adjourned at 8:05 p.m.


__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (June 16, 2003)

GENERAL FUND: Farmers State Bank, 17583.41, payroll; First American Bank & Trust, 3479.00, social security; First American Bank & Trust, 2068.38, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 37.91, Section 125 deductions; SDRS Supplemental Retirement, 50.00, supplemental retirement; WellMark of South Dakota, 4564.58, health insurance premiums; Alco Discount Store #210, 113.11, supplies and film processing; Dan Amert, 210.64, supplies, mileage and meals; Nick Anson, 60.00, umpiring fees; Aramark Uniform Service, 49.99, uniform services; Baker and Taylor, 659.84, books; Barnes and Noble, 126.73, books; Campbell Supply, 52.38, supplies and minor equipment; Canton Flag Co., 85.50, flag order for public buildings; Canton Food Center, 31.32, supplies; City of Canton – VISA Account, 38.33, postage and washing windows; Computers Ta Boot, 80.00, computer work at Library; Continential Research Corporation, 116.81, shop supplies; Dakota Fertilizer and Chemical, 445.00, Roundup chemicals for Parks; Dan Amert-Cash Items, 53.64, postage, washing windows and other expenses; Davis Typewriter Co., 35.00, printer repairs; Demco, 99.36, supplies; Farmers Elevator Company, 126.90, propane order; Federal Express, 55.52, overnight postage; Flack Signs, 250.00, billboard rental on I-29; Freiberg, Zimmer, Duncan and Nelson, 1091.10, attorney fees; Gaylord Brothers, 229.95, projector for Library; Hardie Electric, 107.53, repairs to ballpark scoreboards; Travis Hardie, 10.00, umpiring fees; Hawkins Chemical, 138.30, stabilizer for Pool; Ed Kaltenbach, 122.50, stump removal in Stand Pipe park; KB’s True Value, 461.97, parts and supplies; Lexis Nexis Matthew Bender, 165.47, SDCL law book updates; Lincoln County Auditor, 12.00, share of building inspector cell phone cost; Lite Electric, 226.92, electrical work to box in Jack Fox Park; Lithia of Sioux Falls, 28.49, parts for truck #1; MidAmerican Energy Co., 77.37, natural gas; Mobile Electronic Service, 105.00, install camera into 2003 PD car; NAPA, 109.96, parts and supplies; Office Max, 56.65, office supplies; Brooke Olson, 10.00, umpiring fee; Leah Olson, 10.00, umpiring fee; Debra Pederson, 20.00, umpiring fee; Postage-Iris Schultz, 33.70, postage for Library; Prairie Wave, 621.84, telephone and internet services; Price’s Tractor Services, 74.70, belts for mowers; Quarry Stone Greenhouse, 24.12, flowers for fire station; Qwest, 229.00, telephone service; Tom Raymon, 17.00, mowing fee; RDO Equipment, 387.33, starter for skid loader; Recorded Books, 91.20, books, RR #1 Services, 19.50, mat and mop maintenance; Sanitation Products, 765.50, repairs to street sweeper; Sturdevant’s Auto Supply, 17.70, posts; The Radar Shop, 117.00, radar re-certification fee; Justin Tuntland, 10.00, umpiring fee; Zomer Plumbing and Heating, 154.33, repairs at Library bathrooms.


LIQUOR FUND: Farmers State Bank, 2931.10, payroll; First American Bank & Trust, 578.54, social security; First American Bank & Trust, 354.81, federal withholding; Fortis Benefits, 7.55, life insurance; FSA Section 125, 5.26, Section 125 deductions; WellMark of South Dakota, 585.22, health insurance premiums; Aramark Uniform Service, 24.43, towel maintenance; City of Canton – VISA Account, 5.26, postage; KB’s True Value, 5.97, parts and supplies; MidAmerican Energy Co., 19.31, natural gas; Quality Office Supplies, 3.96, phone stand; RR #1 Services, 64.60, cleaning supplies.


WATER FUND: Farmers State Bank, 2573.62, payroll; First American Bank & Trust, 514.34, social security; First American Bank & Trust, 318.69, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 14.41, Section 125 deductions; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.93, health insurance premiums; Aramark Uniform Service, 25.00, uniform services; Campbell Supply, 26.18, supplies and minor equipment; Canton Flag Co., 14.25, flag order for public buildings; City of Canton – VISA Account, 4.55, postage and other expenses; Continential Research Corporation, 58.41, shop supplies; Dakota Supply Group, 59.49, meter parts; Dan Amert-Cash Items, 3.85, postage and other expenses; Davis Typewriter Co., 35.00, printer repairs; Farmers Elevator Company, 23.50, propane order; Grainger, 473.40, safety switch for Well #11; KB’s True Value, 42.12, parts and supplies; MidAmerican Energy Co., 34.87, natural gas; NAPA, 25.72, parts and supplies; Quality Office Supplies, 3.96, phone stand; Qwest, 350.27, telephone service; SD DENR, 1000.00, 2003 State Water Fees.


SEWER FUND: Farmers State Bank, 2004.93, payroll; First American Bank & Trust, 406.72, social security; First American Bank & Trust, 249.44, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 11.60, Section 125 deductions; SDRS Supplemental Retirement, 7.50, supplemental retirement; WellMark of South Dakota, 900.91, health insurance premiums; Aramark Uniform Service, 25.00, uniform services; Campbell Supply, 26.18, supplies and minor equipment; Canton Flag Co., 14.25, flag order for public buildings; City of Canton – VISA Account, 4.55, postage and other expenses; Continential Research Corporation, 538.64, shop supplies; Dan Amert-Cash Items, 2.09, other expenses; Davis Typewriter Co., 35.00, printer repairs; Eastern Farmers Cooperative, 466.19, chemical application around lagoons; Farmers Elevator Company, 23.50, propane order; Hanson Concrete Products, 495.85, parts for private sewer work at Courthouse; KB’s True Value, 26.58, parts and supplies; MidAmerican Energy Co., 4.05, natural gas; NAPA, 47.17, parts and supplies; Quality Office Supplies, 3.96, phone stand.


GENERAL LEDGER: WellMark of South Dakota, 489.07, health insurance premiums.

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MINUTES OF CANTON CITY COMMISSION MEETING
JUNE 9, 2003


The Canton City Commission met at City Hall on Monday, June 9, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Baldwin to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the June 2, 2003 City Commission meeting as presented. All ayes, motion carried.


CANTON DEVELOPMENT CORPORATION – DISCUSSION OF STRIVE TO THRIVE CANTON RECOMMENDATIONS

Jeff Eckoff and Bob Lier, representing the Canton Development Corporation, were present to discuss some topics from the presentation made on June 2nd regarding Strive to Thrive Canton. Mr. Lier said that at last week’s Canton Development Corporation last week, discussion of the Strive to Thrive meeting centered on having a shared person assist the City, the Canton Development Corporation and the Canton Area Commerce Association. Mr. Lier said the shared person could assist the Chamber with administrative and promotional issues, assist the Development Corporation with hostings and assist with leads, and the City with administrative and community issues. Mr. Lier suggested that the City of Canton take the lead to develop a committee to review the Strive to Thrive report and to see if a shared person for Community Development could help. Commissioner Bogue said that he understood that Xcel Energy would put funds to assist with the continuation of the Strive to Thrive program. Commissioner Bogue said that he’d like the City to continue working on the Strive to Thrive program. Commissioner Schultz asked about funding a part of a position with the issues the City is dealing with, including the 2003 Highway Project. Mr. Lier said the Canton Development Corporation thinks it is worth working together to explore the possibilities to have a shared position. Mr. Eckoff said at the Development Corporation meeting last week, he sensed a lot of support toward the efforts to work together, but that timing is the key issue at this time. Mr. Eckoff said that the opportunity to get everyone affected on board is at hand. Commissioner Bogue asked Finance Officer Amert to head up the group and to contact Xcel Energy to see what is available in assistance.


SECOND READING OF ORDINANCE 888 – REVISED ZONING ORDINANCE

Finance Officer Amert said that a letter from Don Bierschbach was received expressing his thoughts on the proposed setbacks in the residential districts. Mr. Amert discussed a proposed amendment to the section in the proposed Ordinance about sidewalks. Mr. Amert said that the change to the sidewalk section drafted by City Attorney Larry Nelson would only require sidewalks when any new residential structure or any commercial building is built on streets with finished grades, curb and gutter. Mr. Amert said the City would not enforce sidewalks at this time on streets or roads like Noid Road, West Street and Riverview Road because those roads at this time do not have finished grade, curb or gutter. Commissioner Baldwin said should there be a requirement for sidewalks in commercial areas. Mr. Amert said that in areas like West Industrial Road, he would not see the need to have sidewalks there because the streets are not finished to grade, along with curb and gutter.

Commissioner Nelson said that he wanted to recommend that the City would allow the 10’ side setback to all new lots platted after the adoption and effective date of the Zoning Ordinance, and leave all lots platted before the adoption and effective date of the Zoning Ordinance to have the side yard setback of 5’. Commissioner Nelson said that he would rather leave the setbacks alone at this time, but proposed the recommendation as a compromise. Mike Ingebrigtson said that Mr. Bierschbach wants to see the side yard requirement stay at 5’ rather than the proposed 10’. Mr. Ingebrigtson said that he’d like to see some issue with lots in newer areas of town to have smaller frontages to accommodate affordable housing in Canton. Mr. Ingebrightson said that to have some difference in the setback would avoid the “tract housing” issue stated by Commission Bogue at the June 2nd meeting. Commissioner Bogue said that he could accept that proposal as a compromise to this issue and to be concerned with the future of Canton. Discussion followed on the setbacks in lots of present and new developments. Mr. Heiskell said he saw the compromise proposed as a reasonable answer to the situation. Mr. Heiskell said that he’d like to see having smaller lots used for low to moderate income housing (single or multi-family housing) in new developments and to let the older lots in town be available for the same low to moderate housing development. Further discussion followed on the use of lots for future development. Commissioner Bogue said that he can see using the smaller lots in the older parts of Canton for that purpose. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table the matter for one week. All ayes, motion carried. Further discussion followed on allowing for low to moderate housing with matching Federal funds.


DILAPIDATED HOUSING

Finance Officer Amert presented the reports from Housemaster of Sioux Falls about the inspections at 607 South Cedar and at 201 South Johnson on June 3rd. Mr. Amert presented letters from Mr. Bill Morgan about his house at 201 South Johnson and the inspection completed there. Discussion followed on rehabilitating the houses. Finance Officer Amert said that he’d be sending more letters on dilapidated housing later in the week on properties with concerns. Discussion followed on the previous inspection conducted at 409 South Lincoln Street.


SALES TAX ORDINANCE

Finance Officer Amert updated the Commission on updating the City’s Sales Tax Ordinance to be in compliance with the State’s recent changes for the Streamlined Sales Tax to allow for sales tax collection for catalog and internet sales. Mr. Amert said that City Attorney Larry Nelson will be working to draft an Ordinance to make the City compliant.


REQUEST TO APPLY FOR COMMUNITY ACCESS GRANT FUNDS

Finance Officer Amert proposed to have the City of Canton apply to the State of South Dakota for Community Access Grant funds to assist with building an access road in late 2003 or in 2004 to the new industrial park on the west side of Canton. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to authorize the application of grant funds from the Community Access Grant program with the State of South Dakota. All ayes, motion carried.


WARRANTS

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


2003 STATE HIGHWAY PROJECT UPDATE

Finance Officer Amert reported that paving was completed last week on the south side from Kimball to Kidder. Mr. Amert said that the west mile of the project should begin possibly late in the week of June 9th. Mr. Amert said the City’s contractor is back working on the City’s infrastructure improvements on the east side of Canton. Finance Officer Amert reported the State of South Dakota has rejected the proposal for the historical lighting on the west ½ of Fifth Street from Dakota to Kimball.

SET VARIANCE HEARING – PRICE

Mayor Van Wyhe read a variance request for Dale and Sharon Price at 115 North Howard Street to allow a 9’ variance on the front of their property for a deck. Finance Officer Amert asked to set the variance hearing for June 30, 2003 at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to set the variance hearing for June 30, 2003 at 7:15 p.m. All ayes, motion carried.


SWIMMING POOL

Mayor Van Wyhe said the Pool staff has been trying to stay open, but has been hampered by the cool, rainy weather to this date.


ADJOURNMENT

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

Meeting adjourned at 7:41 p.m.

__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (June 9, 2003)


GENERAL FUND: Dan Amert, 48.47, mileage and meal expense; Aramark Uniform Service, 168.42, uniform service and towel maintenance; Bierschbach Equipment and Supply, 265.50, safety fencing; Brown and Saenger, 174.31, office supplies and copy paper; Canton Fire Department, 350.00, payment on foam order; Canton Optimist Foundation, 45.00, rental of Optimist building; Canton Vet Clinic, 40.00, boarding fees; Capital Supply Co., 402.11, lights for City Hall; Cellular One, 117.18, cellular phone service; Chemco, 35.40, supplies for Parks bathrooms; Computers Ta Boot; 43.84, data backup tapes; D-P Tools, 12.47, shop tools; Dakota Filter Service, LLC, 124.56, filter maintenance; Dakota Riggers and Tool Supply, 40.00, pallet puller; Dakota Sports, 805.20, equipment for summer recreation; Dakota Supply Group, 578.26, parts for storm sewer; diffuser and drinking fountain basin; Davis Typewriter Co., 123.76, copier maintenance; DeWild Grant Reckert and Associates, 567.50, engineering fees; Eastern Farmers Cooperative, 1.50, other expenses; Haisch Pharmacy, 29.43, medical and office supplies; Hawkins Chemical, 2215.62, chemical supplies for Pool; Housemasters, 430.00, housing inspection fees; Hydraulic World, 66.04, pump repairs; Jerry’s Appliance Service, 254.50, Freon removal at Rubble Site; Kruse Building Center, 360.18, parts and supplies; Lawson Products, 138.24, shop supplies; Lennox Independent, 23.59, newspaper subscription to RSVP; Lexis Nexis Matthew Bender, 163.14, SDCL law book updates; Lincoln County Auditor, 12.05, cell phone cost for building inspector; Linweld, 53.14, tank rentals and welding supplies; Menard’s of Sioux Falls, 249.60, new deck chairs for Pool; MetroPlains Development, 5377.69, TIF district tax payment; Jason Mundt, 150.00, reimbursement for WSI classes; Municipal Emergency Services, 523.28, nozzles for new fire truck; NSP, 5489.64, electricity and street lighting; Office Max, 163.34, office supplies; One Call Systems, 36.17, utility locates; Debra Pederson, 150.00, reimbursement for WSI classes; Peltier’s Collision Center, 491.60, repairs to 1999 PD car and change cage into 2003 PD car; Pipestone Youth Baseball, 85.00, baseball tournament entry fees; Prairie Wave, 49.37, telephone service; Pump N Pak, 2.32, fuses for PD car; Quarrystone Greenhouse, 43.00, flowers for funeral memorial; Qwest, 47.89, telephone service; Ray O’Herron, 684.53, Taser equipment for PD; RDO Equipment, 439.43, parts for loader repairs; Liz Richmond, 150.00, reimbursement for WSI classes; RR #1 Services, 130.00, mat and mop maintenance; Sioux Valley News, 753.19, publishing; Splash and Dash Car Wash, 38.90, washing of PD cars; Sturdevant’s Auto Supply, 22.04, parts and supplies; Scott Swanson, 50.00, mowing fees at 906 West Fifth; Toby’s Amoco, 268.60, labor and repairs to PD cars; Tri-State Ready Mix, 480.00, washed sand for Jack Fox Park; Van’s Rubbish Removal, 177.00, garbage service; Vantek Communications, 4.20, bracket for PD; Tim Walburg, 41.00, meals at Code Enforcement conference; Al Warnock, 92.64, mileage and meals to workshop; Zee Medical Service Co., 50.17, medical supplies.


ADDITIONAL SALES TAX FUND: MidAmerican Leasing Co., 8726.74, payment #2 on Fire Truck lease.


SRF FUND LOAN PROJECT FUND: DeWild Grant Reckert and Associates, 11731.46, engineering fees for SRF project; Kruse Building Center, 57.80, parts and supplies for SRF project.


LIQUOR FUND: Aramark Uniform Service, 42.96, towel maintenance; Chexcel, 2.94, check inquiry fees; Steve Knorr, 150.00, DJ fees; Maxwell Hotel Supply, 27.00, glasses for bar; NSP, 397.70, electricity; Prairie Wave, 51.07, telephone service; RR #1 Services, 287.05, mat and mop maintenance with cleaning supplies; Russ’ Pest Control, 24.00, pest maintenance; Sioux Valley News, 63.60, publishing; Spotlight Entertainment, 275.00, karaoke fees; Van’s Rubbish Removal, 35.00, garbage service.


WATER FUND: Aramark Uniform Service, 60.96, uniform service; Bierschbach Equipment and Supply, 132.75, safety fencing; Brown and Saenger, 26.04, office supplies; Cellular One, 13.27, cellular phone service; Computers Ta Boot; 43.84, data backup tapes; D-P Tools, 6.24, shop tools; Dakota Riggers and Tool Supply, 20.00, pallet puller; Davis Typewriter Co., 61.88, copier maintenance; First National Bank in Sioux Falls, 3900.36, lease-purchase principal and interest payment; Kruse Building Center, .99, parts and supplies; Lawson Products, 69.12, shop supplies; Lincoln County Register of Deeds, 12.00, filing fee for easement; Linweld, 26.57, tank rentals and welding supplies; NSP, 2593.25, electricity; Office Max, 164.99, Office XP software; One Call Systems, 36.17, utility locates; Postmaster, 17.85, postage from Corporate Account; Prairie Wave, 24.69, telephone service; RDO Equipment, 219.72, parts for loader repairs; SD Department of Health, 36.00, lab testing fees; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 25.09, medical supplies.


SEWER FUND: Aramark Uniform Service, 60.96, uniform service; Bierschbach Equipment and Supply, 132.75, safety fencing; Brown and Saenger, 26.04, office supplies; Cellular One, 13.27, cellular phone service; Computers Ta Boot; 43.84, data backup tapes; D-P Tools, 6.24, shop tools; Dakota Riggers and Tool Supply, 20.00, pallet puller; Davis Typewriter Co., 61.88, copier maintenance; First National Bank in Sioux Falls, 7810.93, lease-purchase principal and interest payment; Kruse Building Center, .99, parts and supplies; Lawson Products, 69.12, shop supplies; Linweld, 26.57, tank rentals and welding supplies; NSP, 580.59, electricity; Office Max, 164.99, Office XP software; One Call Systems, 36.16, utility locates; Postmaster, 169.30, postage from Corporate Account; Prairie Wave, 24.69, telephone service; Qwest, 45.11, telephone service; RDO Equipment, 219.72, parts for loader repairs; Van’s Rubbish Removal, 5.00, garbage service; Zee Medical Service Co., 25.09, medical supplies.


AIRPORT FUND: Dakota Fertilizer and Chemical, 80.00, chemical supplies; Libra Air, 223.00, 6-2003 manager’s fees and gasoline purchase; NSP, 62.21, electricity; Prairie Wave, 30.47, telephone service.

BACK TO TOP


 

MINUTES OF CANTON CITY COMMISSION MEETING
JUNE 2, 2003


The Canton City Commission met at City Hall on Monday, June 2, 2003 at 6:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the May 27, 2003 City Commission meeting as presented. All ayes, motion carried.


DILAPIDATED HOUSING

Finance Officer Amert asked if any decision or contact was made about Reavis Heiskell Jr.’s house at 902 West Fifth Street. Mayor Van Wyhe and Commissioner Baldwin said they have not met with Mr. Heiskell yet to discuss what needs to be completed at the house for the Commission to be satisfied. Mr. Amert said that two of the four houses in question shall be inspected on June 3rd.


2003 STATE HIGHWAY PROJECT UPDATE

Finance Officer Amert reported that if the rains would let up, paving should begin from Kidder to Kimball on Tuesday, June 3rd. Mr. Amert said that the west mile of the project should begin possibly late in the week of June 9th. Mr. Amert said the City’s contractor should be back this week to continue work on the City’s infrastructure improvements on the east side of Canton. Discussion followed on detours during the paving portion near Pizza Hut and the Canton Food Center.


SECOND READING OF ORDINANCE 888 – REVISED ZONING ORDINANCE

Finance Officer Amert said he’d discuss the sidewalk issue as drafted by City Attorney Larry Nelson. Mr. Amert said that Mr. Nelson drafted the sidewalk section into the Building Permit portion of the new Revised Zoning Ordinance to accommodate the wishes of the Commission to require sidewalks when any new residential structure is to be built or any commercial building is built. Mr. Amert said the language does offer the opportunity for the property owner to appeal the need for sidewalk to the City Commission for their ruling. Reavis Heiskell Jr. was present and stated that allowing a property owner the opportunity to not be required to install sidewalks defeats the purpose of requiring the sidewalks. Commissioner Baldwin said that in certain areas of Canton, such as in the Industrial Park, sidewalks are not appropriate. Commissioner Baldwin also asked about streets and roads that are built to rural standards using ditches for the right-of-ways. Commissioner Baldwin said that the City should use the common sense test in any potential request to not require the installation of sidewalks. John Schutte of Farm and Home Realty said that the City could require on streets or roads with curb and gutter. Tom Raymon of the Canton Planning and Zoning Commission said the City is trying to not allow lots to be developed one at one time. Commissioner Nelson said the City has the discretion to decide this issue on its own.

Mr. Schutte said that his concern is with the setback issue involving Residential Districts as proposed. Mr. Schutte said that in the older parts of Canton, the requirement to have side yards at 10’ rather than 5’ will make many useable lots today in Canton unusable. Mr. Schutte asked the Commissioners if the owners or developers to property in Canton have to ask for permission to improve their property. Mr. Schutte said that some areas of Canton that could be improved would be eliminated by this change in the Ordinance. Mr. Schutte said that unless it is need for fire safety, this change is not needed. Mr. Schutte said that housing covenants could enforce the need for more space on the side yards. Mr. Heiskell said that many lots in existing parts of town could under this proposal only have a 24’ wide house. Mr. Heiskell said that is unworkable. Discussion followed. Mike Ingebrigtson said that under those kinds of regulations, 2 to 4 houses would have been not built along West 12th Street and how would the City make up the difference in less tax dollars. Mr. Schutte said the housing Canton is in real need of is affordable housing. Gene Ingebrigtson asked the Commissioners to look at how other towns in South Dakota, like Crooks, on they are handling their housing setbacks. Gene Ingebrigtson said that Canton needs to have the right houses with the right income for those houses. Deputy Finance Officer Karen Leffler said that the rear yard would now be changed to 20’. Mr. Raymon said the minimum setback for property size is 7,500 square feet in Canton today. Mr. Heiskell said the majority of lots on the south side of Canton are 54’ by 132’, which makes some complications for applying for a building permit. Chuck Andresen, secretary of the Canton Planning and Zoning Commission, said the City through this revision is trying to set minimum standards for the future use of property in Canton. Mr. Andresen said that 66’ is the minimum frontage now in Canton. Discussion followed. Mike Ingebrigtson said that under these rules, the City of Canton would have no curb appeal for property and could become a “shanty town.” Mr. Schutte said the principal of the marketplace should be allowed to act in regards to development. Commissioner Bogue stated that, in his opinion, the developer would only do what is needed or required of him to meet City codes. Commissioner Bogue said that he agrees with the additional side yard spacing requirement to 10’ on each side. Mr. Schutte said Canton needs more affordable housing and that this change in the Ordinance could discourage that kind of development in Canton. Vince McKenney said that demand needs to be there to build low tract housing. Gene Ingebrigtson said the new requirements would only drive up the cost of housing. Further discussion followed. Mr. Heiskell asked the Commissioners what the City would want to do with the older parts of Canton with redevelopment. Commissioner Baldwin said the person would need to apply for a variance. Mike Ingebrigtson said the City would be losing curb appeal if these new requirements are put in place. Mr. Schutte said the City needs to look at the interest of the people in Canton and the City should not legislate this. Commissioner Bogue said he disagreed with Mr. Schutte’s assertions. Mr. McKenney said that he sees a lack of buildable lots in Canton right now. Mr. Heiskell reiterated that if this passes as presented, it would eliminate development in some areas of Canton. Commissioner Baldwin asked what was the standard requirement for spacing in between structures for fire protection. Mike Ingebrigtson said that as stated in the Ordinance, this would hand-tie development in parts of Canton and he had not heard a good reason to go this way. Commissioner Bogue said that the developer would only do the minimum required by a City. Mr. Schutte said that supply and demand would affect the size of the lots in any type of development. Commissioner Bogue said that what drive the real development for the City are businesses and industries, whereas housing is a wash to the City. Mike Ingebrigtson said that to other businesses in Canton, a house is the core of their business, for food, gas, entertainment and other services. Mike Ingebrigtson said the City should review this issue again. Further discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to table action for one week. All ayes, motion carried.


RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to recess and reconvene at the Canton High School Commons for the Strive to Thrive Canton presentation. All ayes, motion carried.

Recess began at 6:49 p.m.
Recess ended at 7:00 p.m. and meeting resumed at Canton High School Commons.


STRIVE TO THRIVE CANTON – FINAL PRESENTATION BY USF STUDENTS

The meeting for the presentation of the findings of Strive to Thrive Canton was begun by Jim Wilcox, principal manager of Xcel Energy South Dakota. Mr. Wilcox said that Canton was the second community that Xcel Energy has worked with to help develop strategic planning for the Canton community. Mr. Wilcox said that through the enthusiasm of the leaders in Canton helped in selecting Canton as the second community to assist with planning for growth and striving to thrive. Mr. Wilcox introduced Dr. Al Herrboldt of the University of Sioux Falls, who coordinated the students as a part of the MBA program at USF, said Strive to Thrive offers a different activity of learning about a real community and seeing with fresh eyes about the community and its unique aspects. The students explained their collection methods, using surveys, informal interviews with local businesses and leaders in Canton, and research provided to the class members. The class reviewed community expectation and goals for Canton, especially the fact that the Canton community needs to get its message out to the rest of the area and the world. The students discussed the unique features to the Canton business climate, including its closeness to Newton Hills State Park and its untapped resources, along with the unique small businesses and its history. The students said important factors to Canton were its history, medical services, and the number of churches, the school system and the closeness of recreational facilities. The students were divided into four major areas: Community, Residential Industrial and Agricultural. Each group presented its conclusions on the Canton area in the following – Strengths, Weaknesses, Opportunities and Threats. The groups also presented several recommendations to assist Canton to help it strive to thrive, which included the following:

• Expand the recreation opportunities in Canton, including a bike trail;
• Tap into the tourism base at Newton Hills State Park;
• A large group facility to help with organization and local hosting;
• Enlarge the local golf course to possibly take advantage of residential growth;
• Develop a sidewalk program to require the installation of sidewalks in Canton, possibly offering incentives to residents using City funds to help defray costs with installing sidewalks;
• Work on enforcing dilapidated housing in Canton to clear properties that are problems or a nuisance;
• Work to develop a Historic Preservation Commission to help promote the restoration and preservation of historic homes and buildings in Canton;
• A Strive to Thrive Coordinator – 1 person to help facilitate the completion of these plans and objectives with the different governmental agencies and organizations in the Canton area and to help promote Canton;
• Pursue having a Factory Outlet Mall locate in the Canton area to marketing the traffic flow and closeness to Sioux Falls and I-29;
• Develop more service businesses that work with present businesses or with the local tourist trade;
• A Dining Train, to help capture the history of railroads in Canton, that would travel from Sioux Falls to Canton or from Canton to other locations;
• Help with agriculture expansion in the Canton area, with working to soften the County zoning setbacks or to attract agricultural-based businesses into the Canton area;
• Look to attract an agricultural based hardware store to expand the product lines that is needed with the agricultural sector.

The final portion was the Marketing Plan and the following were listed as recommendations to the Canton community:

• Pride and Activity – Stress the pride in the people of Canton about why they live here and why they enjoy being a part of the community;
• Stress the Culture, Heritage and Services that can be provided in Canton;
• Get the message of Canton out for people to hear;
• Tell people the story of Canton, with its history, its successes and make the message concise.

Discussion followed on the potential areas where Canton can continue to promote itself, including Web Site development, use of a Welcome Wagon service with the local churches to new residents of Canton, use of discount cards to promote Canton businesses to outlets like Newton Hills State Park, and a Canton Quarterly telling residents and visitors about present and upcoming events in Canton. Discussion followed on telling the story about Canton.

Bernie Schramm of the USF Center for Women explained the follow-up after the evening’s presentation will proceed to help with future growth in Canton. Mr. Schramm explained the ways the Center can help with Canton, including workshops, helping businesses with marketing, financial planning and community outreach.

The remainder of time was devoted to questions and answer session from the audience present.


RECESS

Recess began at 8:46 p.m.
Recess ended at 8:59 p.m. and meeting resumed at Canton City Hall.


WARRANTS

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


SIDEWALKS

Commissioner Bogue said that he wished he would have told Mr. Garbers that it is the City who has the final say on where sidewalks go and who will be required to put them in. Commissioner Baldwin said that the squeaky wheel gets the grease. Commissioner Bogue said he sensed a lot of anger and “sour grapes” from Mr. Garbers about the entire sidewalk issue. Discussion followed on training for local residents on using the recommendations of the Strive to Thrive Canton report. Commissioner Baldwin said that State Law allows for the City to take action in the way it sees fit.


SET VARIANCE HEARING – GATES

Mayor Van Wyhe read a variance request for Jim and Laurie Gates at 303 West Fourth to allow a variance for a 1’ setback. Finance Officer Amert asked to set the variance hearing for June 23, 2003 at 7:15 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the variance hearing for June 23, 2003 at 7:15 p.m. All ayes, motion carried.


SET RE-ZONE HEARING – SCORE

Mayor Van Wyhe read a re-zone of property request for David and Viola Score to re-zone the properties at 406 and 408 West Fifth Street from R-1 (Single Family Residential) to R-2 (General Residential). Finance Officer Amert asked to set the re-zone hearing for June 23, 2003 at 7:20 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to set the re-zone hearing for June 23, 2003 at 7:20 p.m. All ayes, motion carried.


STRIVE TO THRIVE CANTON

Mayor Van Wyhe wanted to thank all of the people involved with the Strive to Thrive Canton presentation earlier this evening. Commissioners Baldwin and Bogue thanked Finance Officer Amert for spearheading the effort on the Strive to Thrive program.


HUD DEPOT GRANT

Finance Officer Amert said that the City has received the documentation for the US HUD (Housing and Urban Development). Mr. Amert said the documentation is being required for the funding source, including an environmental review study. Mr. Amert said that South East Council of Governments (SECOG) is working on the environmental review for the federal grant. Discussion followed.


SETBACKS FOR ZONING ORDINANCE

Deputy Finance Officer Karen Leffler said that a local resident that she had talk to at the Strive to Thrive meeting thought the 10’ setback was “ridiculous”. Commissioner Bogue said this sets the minimum for the future in Canton and a variance can be obtained. Sioux Valley News reporter Marie Beitzel said that, in her opinion, few people have a lot of faith in getting a variance from the Canton Planning and Zoning Commission. Ms. Beitzel said that residents are concerned the present Planning and Zoning Commission would more than likely say no to a variance request if brought to Planning and Zoning. Tom Raymon said there is a way to solve this problem with the older lots and the older parts of town. Discussion followed.


REQUEST TO APPLY FOR FEDERAL GRANT – GUN RANGE

Police Chief Al Warnock asked for permission to apply for federal grant funds to help improve the safety in and around the gun range. The Commission agreed to permit Chief Warnock to apply for the federal grant funds.


RAILROAD CROSSING STUDY

Finance Officer Amert said the initial study of the railroad crossings in Canton has been completed and submitted a report for the Commission to review.


WEB SITE

Finance Officer Amert said the City’s Web Site should be up and running on the Internet later this week. Discussion followed on the future of inter-linking the other Web Sites being built for such groups as the Chamber and the Development Corporation.


EXECUTIVE SESSION

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

Executive Session began at 9:13 p.m.
Mayor Van Wyhe ended Executive Session at 9:28 p.m.


CODE ENFORCEMENT WORKSHOP

Assistant Police Chief Tim Walburg reported on his recent meetings on Code Enforcement in Pierre last week. Officer Walburg said that he found plenty of useful information on dilapidated housing and using search warrants rather than the formal inspection process. Discussion followed on the upcoming inspections to be handled by the Housing Inspector.


ADJOURNMENT

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

Meeting adjourned at 9:31 p.m.

__________________________________
Dan Amert, Municipal Finance Officer

WARRANTS: (June 2, 2003)


GENERAL FUND: City of Canton, 88.76, water/sewer bills; SD State Treasurer, 234.79, sales tax payment.


LIQUOR FUND: Beal Distributing Co., 27649.41, beer purchases; Canton Food Center, 150.35, food supplies; Carlson Distributing, 7431.90, beer purchases; City of Canton, 59.56, water/sewer bill; Coca-Cola of Sioux Falls, 214.20, pop and pre-mix supplies; Culligan Water Conditioning, 19.08, water conditioning; Dakota Beverage Co., 7184.00, beer purchases; Dakota Tom’s, 21.96, food supplies – sandwiches; Johnson Brothers Famous Brands, 4379.37, liquor and malt beverage purchases; Kraft Pizza Company, 70.00, food supplies – pizzas; Pepsi-Cola Bottling, 96.00, pop supplies; Queen City Wholesale, 192.90, cigarettes and supplies; Russ Miller-Cash Items, 75.40, food supplies and washing windows; SD State Treasurer, 898.97, sales tax payment; Sodak Distributing, 3796.12, liquor and malt beverage purchases; Spotless Awnings, 110.25, clean and seal awnings.


AIRPORT FUND: City of Canton, 14.00, water bill.

BACK TO TOP


MINUTES OF CANTON CITY COMMISSION MEETING
MAY 27, 2003


The Canton City Commission met at City Hall on Tuesday, May 27, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the May 19, 2003 City Commission meeting as presented. All ayes, motion carried.


SECOND READING OF ORDINANCE 895 – WATER RATE USING HYDRANT METER

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve Ordinance 895 on second reading. All ayes, motion carried.


ORDINANCE NO. 895

AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE 891 - WATER AND SEWER CHARGES AND SERVICES TO PERSONS, BUSINESSES AND LEGAL ENTITIES INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE CITY OF CANTON, SOUTH DAKOTA

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANTON, SOUTH DAKOTA:

That Section 6 of Ordinance 891 of the City of Canton, South Dakota is hereby amended to read as follows:

SECTION 6
BULK WATER RATES

The charges for bulk water sales shall be as follows:

Bulk Water Station located at 335 East 9th Street (Canton Public Works): $0.25 per 75 gallons of water.

Bulk Water Use via Water Hydrant Meter: $500 refundable Hydrant Meter Deposit to the City of Canton, South Dakota in advance;

$100 Base Charge per month (no usage included);

$3.33 for each 1,000 gallons of usage.


Board of Commissioners of the City
of Canton, South Dakota

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert, Finance Officer

First Reading: May 19, 2003
Second Reading: May 27, 2003
Publish: June 5, 2003
Effective Date: June 25, 2003


2003 STATE HIGHWAY PROJECT

Public Works Superintendent Palmer Ericksen said that, weather dependant; the contractor would be starting to pour concrete either Thursday or Friday. Discussion followed.


RUBBLE SITE – RENEWAL OF PERMIT WITH STATE OF SOUTH DAKOTA

Finance Officer Amert asked Deputy Finance Officer Karen Leffler to come forward to discuss the renewal application for the City’s Rubble Site Permit. Ms. Leffler explained the new application form needed and the quick contract between the City and Leggette, Bradshears and Graham - the engineering firm assisting the City with the renewal application. Ms. Leffler said the estimated cost for the renewal application and documentation work should be less than $1,000. Discussion followed. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to authorize the Mayor to sign the renewal application for the City of Canton. All ayes, motion carried.


LYNN HURLEY – REQUEST TO EXTEND HISTORIC LIGHTING DURING 2003 STATE HIGHWAY PROJECT

Lynn Hurley, branch president of First American Bank & Trust in Canton, approached the Commissioners to discuss his proposal to extend the historic lighting eastward by approximately ½ block to incorporate the Garden of Eat’n and First American Bank and Trust into the downtown scheme of this project. Mr. Hurley said that both businesses consider themselves a part of the downtown business district. Mr. Hurley said that First American Bank & Trust is committed to installing similar lights on the west side of their building to blend in with the lighting downtown and with the Canton Fire and Ambulance Station. Finance Officer Amert said the City could use Lottery Income or 2nd Penny Sales Tax to cover the cost of the historic lights. Commissioner Baldwin stated that he agreed with extending the lighting the ½ block east to incorporate those businesses with the downtown area. Commissioner Bogue agreed with tying that part into the historic lighting area. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the request to extend the historic street lights by 4 additional lights or ½ block east. All ayes, motion carried.


SENIOR CITIZENS CENTER/CARNEGIE BUILDING PROJECT

Finance Officer Amert said City staff met with Randy Dowdey about the painting project for this summer at the Senior Citizens Center and the former Carnegie Library building. Mr. Amert said that work should start soon and go through the summer.


2003 CURB AND GUTTER PROJECT

Commissioner Schultz reported that the west ½ of the Courthouse block would be completed on Wednesday with sidewalk, curb and gutter. Public Works Superintendent Palmer Ericksen said the east side would be started later in the week and would be completed after the Canton Youth Days is completed this weekend. Mr. Ericksen said that other work in relation to the project would be done at the end of the week.


PLAYGROUND EQUIPMENT

Mr. Ericksen said the new playground equipment in Jack Fox Park was ready to be used earlier in the day. Mr. Ericksen the new equipment blends in well with Jack Fox Park.


WARRANTS

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


WEST NILE VIRUS

Sioux Valley News reporter Marie Beitzel asked what the public should do this year in relation to West Nile Virus. Commissioner Baldwin said the Game, Fish and Parks department is sure that West Nile is here in Lincoln County and will not be taking anymore samples.


MEMORIAL DAY SERVICE

Police Chief Al Warnock wanted to public acknowledge the Memorial Day service at Jack Fox Park on May 26th. Chief Warnock commented on the fine job done on the service.


7:15 P.M. – 2003-2004 MALT BEVERAGE LICENSING HEARING

Mayor Van Wyhe opened the 2003-2004 Malt Beverage licensing hearing. Mayor Van Wyhe read the following businesses who have applied for licenses with the City:

APPLICANT ADDRESS TYPE OF LICENSE

ACE OF SPADES 109 SOUTH MAIN RETAIL MALT BEVERAGE

CANTON FOOD CENTER 715 EAST FIFTH PACKAGE MALT BEVERAGE

CANTON VFW 208 SOUTH MAIN RETAIL MALT BEVERAGE

CASEY'S 509 WEST FIFTH PACKAGE MALT BEVERAGE

F.B. MAC'S 223 EAST 5TH RETAIL MALT BEVERAGE

HIAWATHA GOLF CLUB EAST HWY 18 RETAIL MALT BEVERAGE

PIZZA HUT 101 SOUTH GRANT RETAIL MALT BEVERAGE

POWERHOUSE LOUNGE 111 SOUTH MAIN RETAIL MALT BEVERAGE

PUMP N PAK 110 WEST 5TH RETAIL MALT BEVERAGE

T & C LANES 122 NORTH CEDAR RETAIL MALT BEVERAGE

Finance Officer Amert said that Pizza Hut has not sent in their documentation yet, but was expecting it this week. Mr. Amert said all of the businesses have paid their bills to date and have paid their taxes to date. Commissioner Bogue asked if there was anyone present to speak against any of the applications. Hearing no comments, Commissioner Bogue motioned to approve the license applications less Pizza Hut. Motion seconded by Commissioner Schultz. All ayes, motion carried.

Commissioner Bogue motioned to table the Pizza Hut application for one week. Motion seconded by Commissioner Schultz. All ayes, motion carried.

DILAPIDATED HOUSING – LARRY NELSON

City Attorney Larry Nelson was present to explain his research on the issue raised by Reavis Heiskell Jr. regarding his assertion with the use of property differently with the type of zoning a piece of property is zoned. Mr. Nelson said that some issues with the property in question (902 West Fifth Street) includes if there is sufficient parking for the commercial property and the use of the front part of the property used for parking cars for sale. Mr. Nelson said that he cannot determine the condition of the house, so the best course to proceed is to allow the inspection to proceed. Commissioner Bogue said that the City should be OK to proceed forward. Mr. Nelson said yes. Commissioner Baldwin said that since the property is zoned commercially, does that house meet the same confines as a residential house being lived in. Mr. Nelson said that without further research, that he suspects the City Ordinances have it listed the same requirements for a commercial building as it would be for a residential house. Mr. Nelson said that without an inspection being completed, the City cannot tell the condition of the house. Mr. Nelson said the City’s issue is with the condition of the building. Mr. Heiskell said that with Mr. Nelson’s issue on his parking cars too close to the street, what about Bob Lier Ford parking cars where they do. Mr. Nelson said that is a valid point Mr. Heiskell states and that it is hard for the City to pick and choose. Mr. Heiskell said that parking to that property should not be an issue. Mr. Nelson said that since the City has adopted the Uniform Building Code, the property owner needs to meet the minimum specifications and parking is one issue. Mr. Nelson said that he’d hope Mr. Heiskell would cooperate with the City inspectors. Mr. Heiskell asked why the City would require having off-street parking to a storage building that Mr. Heiskell has. Discussion followed.


7:20 P.M. – FINAL PLAT HEARING FOR PEGGY BRUNK

Mayor Van Wyhe opened the Final Plat Hearing for Peggy Brunk for lots in the Scenic Heights Addition. Mayor Van Wyhe read that the Planning Commission approved the final plat 3-0. Commissioner Bogue asked if anyone was present to speak for or against the final plat. No one was present to speak about the plat. Chuck Andresen said that the City is responding to the City Ordinance to require preliminary plats be approved before the final plats are submitted and approved. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the final plat and approve Resolution #1099. All ayes, motion carried.

RESOLUTION #1099

BE IT RESOLVED by the City Council of the City of Canton, South Dakota, that the plat of “Scenic Heights, an Addition to the City of Canton, Lincoln County, South Dakota” prepared by Randal Scot Schollerman, be and the same is hereby approved, and the City Finance Director is hereby directed to endorse on said plat a copy of the Resolution, and certify the same thereon.

Dated this 27th day of May, 2003.


Pete Van Wyhe, Mayor

ATTEST:

Dan Amert
Finance Officer


SIDEWALKS – LARRY NELSON

City Attorney Larry Nelson was present to explain his research on the issue raised by Paul Garbers about the City’s authority to require the installation of sidewalks in the City of Canton. Mr. Nelson said that South Dakota State Law allows the City to require property owners to install sidewalks onto their property, if the City believes the need for sidewalks is necessary. Mr. Garbers asked if the City can choose where to have the sidewalk installed. Mr. Nelson said yes. Mr. Nelson said the normal practice is for the City to pass a resolution or a motion to have the sidewalk installed. Mr. Nelson said the City could change the City Ordinance to require the installation of sidewalks wherever the City desires. Mr. Garbers argued that the City is more than one piece of ground and should have required the installation of sidewalks all along. Mr. Nelson said the City is asking to have the subdivision comply with the rules and regulations of the City. Mr. Garbers asked why the City has not enforced this Ordinance since its inception in 1976. Mr. Nelson said that the City has tried a few times to have a City-wide installation of sidewalks, but has been met with steep opposition from the local residents. Discussion followed. Mr. Garbers said the City should have all of the sidewalks in place than to pick and choose one person to install. Commissioner Baldwin stated that he will not vote against a property installing sidewalk. Motion moved by Commissioner Baldwin to require the installation of sidewalks on Mr. Garbers’ property by July 1, 2003. Motion seconded by Commissioner Nelson. Ayes 4, Nay 1 – motion carried. Ayes – Baldwin, Nelson, Schultz and Van Wyhe; Nay – Bogue. Mr. Garbers said that this does not solve his request to have sidewalks installed in town to keep kids off the street when walking to school. Mr. Garbers asked why the City tells people what to do and then does not follow through with it own rules.

FUTURE OF SIDEWALKS IN CANTON

Mr. Garbers questioned if the City was planning to pick and choose who will install sidewalk and who won’t. Commissioner Bogue said that the City has run into a lot of opposition in the past over this issue. Mr. Andresen said that if the City was going to have sidewalks installed in front of new residential and commercial properties, the City needs to look at having the replacement of sidewalks also should be a focus. Mr. Nelson said the City would need to look at giving residences a reasonable amount of time to install the sidewalk before the City would take action. Mr. Nelson said a potential period of time may be between 3-5 years. Mayor Van Wyhe said the City’s plan is to get sidewalks installed on all of our properties either in 2003 or in 2004. Further discussion followed. Mr. Garbers said that still does not answer his concerns with sidewalks along other properties leading to the schools in Canton. Mr. Garbers said that he would install the sidewalk, but could not get it completed by July 1st. Mr. Ericksen said what was the City planning to do about other houses in Christmas Lake, require sidewalks or not. Mr. Heiskell said the installation of sidewalk is usually the last item to be completed at a new house. After much further discussion, a motion was moved by Commissioner Bogue to amend the requirement for Mr. Garbers to put in sidewalks at his property from a deadline of July 1st to October 1st. Motion seconded by Commissioner Nelson. All ayes, motion carried.

Further discussion followed on the use of requiring sidewalks on all new construction or just on all new residential structures and commercial buildings. Mr. Heiskell said that, in his opinion, the City needs to look at new houses, apartments and commercial buildings only. The Commission asked City staff to review and present a proposal for next week.


TOM SCHORN – SIDEWALK

Mr. Ericksen asked also what the status was for Tom Schorn, who was also sent a letter by the City requiring him to install sidewalks. Deputy Finance Officer Karen Leffler said that Mayor Van Wyhe and she have worked out a plan with Mr. Schorn to allow him to install sidewalks. Discussion followed.


REAVIS HEISKELL – DILAPIDATED HOUSE

Mr. Heiskell asked the Commission for what he can take care of with the house at 902 West Fifth Street to keep the City satisfied. Some suggestions listed by the Commission included trimming trees, planting and replacing or removing front porch. Mr. Heiskell said that he’d like to meet with members of the City Commission to find out what needs to be completed at the house. Further discussion followed. Commissioner Baldwin and Mayor Van Wyhe said they’d meet with Mr. Heiskell and report back to the Commission. Mr. Heiskell said that he did not want to see the City work on his properties and fold up after that.


RECESS

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to recess for ten minutes. All ayes, motion carried.

Recess began at 8:14 p.m.
Recess ended at 8:25 p.m.


Mayor Van Wyhe left at 8:16 p.m.


MAYOR PRO TEM

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to appoint Commissioner Bogue as Mayor Pro Tem. All ayes, motion carried.


ZONING ORDINANCE – KAREN LEFFLER

Finance Officer Dan Amert asked Deputy Finance Officer Karen Leffler to explain the latest changes to the proposed Zoning Ordinance (Ordinance 888). Ms. Leffler reviewed with the Commission the proposed changes from the Planning and Zoning Commission, City Attorney Larry Nelson and her. Ms. Leffler explained the recent changes to the Ordinance, including the R-O district for large residential lots. Discussion followed.


ADJOURNMENT

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

Meeting adjourned at 8:34 p.m.

__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (May 27, 2003)

GENERAL FUND: Farmers State Bank, 13970.19, payroll; First American Bank & Trust, 2783.14, social security; First American Bank & Trust, 1738.21, federal withholding; SDRS, 6419.52, retirement; SDRS SRP, 50.00, supplemental retirement; AFLAC, 8.33, Section 125 fees; City of Canton – VISA Debit Account, 83.99, postage and cell phone expenses; Dan Amert – Cash Items, 45.58, postage and other expenses; Freiberg, Zimmer, Duncan and Nelson, LLP, 1723.50, attorney fees; Holly Pederson, 60.00, lifeguard certification renewal; RAL Enterprises, 350.00, striping for 2003 PD car; Revelstoke Fire Department, 10160.52, final payment for 1987 GMC rescue truck; SD DENR, 250.00, Rubble Site renewal application fee; Western Speedometer Service, 771.41, trucking and brokerage fees for payment on 1987 GMC rescue truck.


DEBT SERVICE FUND: First National Bank in Sioux Falls, 8202.33, Principal and interest payment #39 on 1992 SRF loan.


1996 SPECIAL ASSESSMENT FUND: First American Bank & Trust, 2870.60, principal and interest payment on SAP bonds.


SRF REVOLVING FUND LOAN PROJECT FUND: Upper Plains Contracting, Inc. 103978.15, payment #3 on SRF loan project.


LIQUOR FUND: Farmers State Bank, 3055.23, payroll; First American Bank & Trust, 602.74, social security; First American Bank & Trust, 378.08, federal withholding; SDRS, 1348.74, retirement; AFLAC, 4.17, Section 125 fees; City of Canton, South Dakota, 125.00, 2003-2004 malt beverage license fee; City of Canton – VISA Debit Account, 27.22, postage expenses; Department of the Treasury, 250.00, 2003-2004 federal tax stamp; SD Department of Revenue, 125.00, 2003-2004 malt beverage license fee.


WATER FUND: Farmers State Bank, 2438.28, payroll; First American Bank & Trust, 483.08, social security; First American Bank & Trust, 292.28, federal withholding; SDRS, 1212.92, retirement; SDRS SRP, 7.64, supplemental retirement; AFLAC, 6.25, Section 125 fees; City of Canton – VISA Debit Account, 83.99, postage and cell phone expenses; City of Canton – VISA Debit Account, 37.00, postage and cell phone expenses; Dan Amert – Cash Items, 21.57, postage and other expenses; First American Bank & Trust, 35910., principal and interest payment on 1993 refunding bonds.


SEWER FUND: Farmers State Bank, 2128.09, payroll; First American Bank & Trust, 426.40, social security; First American Bank & Trust, 265.66, federal withholding; SDRS, 1098.90, retirement; SDRS SRP, 7.36, supplemental retirement; AFLAC, 6.25, Section 125 fees; City of Canton – VISA Debit Account, 37.00, postage and cell phone expenses; Dan Amert – Cash Items, 21.55, postage and other expenses; First National Bank in Sioux Falls, 3269.47, Principal and interest payment #39 on 1992 SRF loan.

BACK TO TOP


 
MINUTES OF CANTON CITY COMMISSION MEETING
MAY 19, 2003


The Canton City Commission met at City Hall on Monday, May 19, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the minutes of the May 12, 2003 City Commission meeting as presented. All ayes, motion carried.


REAVIS HEISKELL JR. – DILAPIDATED HOUSING LETTER

Reavis Heiskell Jr. approached the Commissioners to discuss a certified letter he received from the City about his property at 902 West Fifth Street. Mr. Heiskell said that property is zoned B2 (General Commercial) and that what he is using the property for is storage. Mr. Heiskell said that building is used for storage of his building materials, including windows and doors. Mr. Heiskell said that whatever is allowed in B2, is allowed in R1 (Single Family Residential). Mayor Van Wyhe said that the house is an eyesore and is dilapidated according to the City Ordinances. Mayor Van Wyhe said the City wants to follow through on nuisances and now proceed with dilapidated houses. Mr. Heiskell asked if the City wanted to follow certain ordinances and not follow other ordinances, including sidewalk installation. Mr. Heiskell said the City should understand that house is used for storage and is a commercially zoned property. Finance Officer Amert read some of the reasons for a house to be considered dilapidated structures. Mr. Heiskell said the property looks the same as it has for the past 50 years when Weed Teach lived there. Commissioner Nelson said that since Mr. Heiskell has bought the property, the condition of the house has gone down hill. Mr. Heiskell said the property is used for storage and was not willing to commit at this time to spend money to put the house back into a condition for housing purposes. Mr. Heiskell asked what the City intended to do about the property next door, at 906 West Fifth, which has not been lived in for over 2 years. Mr. Heiskell said that no work will be done to that house and did not see any work being done in the future. Mr. Heiskell said that he does not seeing with complying with this letter and the City’s demands. Mr. Heiskell said that he wants the City to send letters to all properties in question at the same time rather than pick and choose whom to send to. Commissioner Bogue said the City would be sending letters over time to all of the properties in question. Mr. Heiskell said that he is tired is being always first on the City’s list. Assistant Police Chief Tim Walburg said that in respect to nuisances, the other properties were being worked after the clean up at his property on South Lincoln Street, but had been delayed due to winter. Commissioner Baldwin asked what it would take to get this house back in compliance. Commissioner Baldwin said that the City is getting many complaints about the house. Mr. Heiskell said that if the City intended to look at commercial properties in the same light, most of the downtown buildings would need to be demolished. Mr. Heiskell said that building is fine as a storage building and is use for business purposes. Mr. Heiskell said that he is working to continue fixing these houses as he can. Mayor Van Wyhe said that house is not being used as a house, which is what the building was built for. Discussion followed. Mr. Heiskell questioned the City allowing unsigned letters to be entered into the City business and being considered for action. Further discussion followed. Mr. Amert read an example of the letter sent to the property owners in questions and it relation to the City Ordinances. Bill Morgan was present and asserted that the Mayor was badgering Mr. Heiskell. Mayor Van Wyhe asked who was being harassed here. Mr. Heiskell asked who was asking the questions here.


COMPLAINT ABOUT CITY EMPLOYEE – BILL MORGAN

Bill Morgan was present wishing to privately discuss a matter with a complaint about a City employee. Mr. Morgan asked to meet with Commissioner Nelson at a later time to discuss his complaint with the City employee. Commissioner Nelson agreed to meet with Mr. Morgan privately at a later time.


REAVIS HEISKELL JR. – DILAPIDATED HOUSING LETTER

Mr. Heiskell continued his discussion by stating the City did not finish the issue with nuisances and should not be opening up another box of fire on dilapidated housing. Mr. Heiskell said that he wants to see the City draw a line in the sand with all of these nuisance properties, not just four properties listed as dilapidated houses. Mr. Heiskell stated that he was not given the option to hide it being a fence, like Don Farnsworth did. Mr. Heiskell asked if anyone else was given the same rules as he has done. Mr. Heiskell said the property is zoned commercially and offers the owner of that property many options than just having a house there. Mr. Heiskell asked if the City was going to comply with sidewalks. Chuck Andresen stated that he has not been involved with this process, but said that land use and zoning are two different issues that are not tied together. Mr. Andresen said that, in his opinion, his problem could be solved with some paint and cleaning up the yard. Mr. Heiskell said that he wants the City to stop telling people how to live their lives. Commissioner Bogue said that the comments about the south side of Canton were not appreciated and were not accepted. Mr. Heiskell asked the Commissioners who has been complaining about his house, which Mr. Heiskell said is docile and is not hurting anyone else. Mayor Van Wyhe said that people are afraid to tell Mr. Heiskell personally about the house and they come to the City. Mr. Heiskell suggested to the Commissioners to blow off these kinds of comments and not acknowledge them. Commissioner Bogue said that there is a difference of opinion on this issue and that all properties in question will be contacted and will come into compliance. Mr. Heiskell said that people should come to him to explain their disagreement with his property personally than to go to the City and have them do their work for them. Mr. Heiskell said if a person doesn’t like an aspect of their neighborhood, buy all of the properties around them. Mr. Andresen said the City is trying to enforce the rules. Mr. Heiskell said that he wants to see consistency from the City on these issues and that if he should do this, everyone else should be doing this at the same time. Mr. Heiskell asked where does the City go from here. Mr. Heiskell informed the Commission that he had no intentions of tearing this house down and would not be following the City Ordinances in this case. Mr. Heiskell said that anything could be fixed. Mr. Heiskell ended his comments by stating by the property being zoned differently offers a totally set of different circumstances. Further discussion followed. Motion moved by Commissioner Bogue to table action for one week and to have the City Attorney’s office review the issues for an opinion. Motion seconded by Commissioner Baldwin. All ayes, motion carried.


VARIANCE HEARING FOR GERALD AND DOROTHY MENHOLT

Mayor Van Wyhe opened the Variance Hearing for Gerald and Dorothy Menholt at 825 North Grant for a storage shed closer than 5’ to his property. Mayor Van Wyhe read that the Planning Commission approved the Variance request 3-0. Commissioner Bogue asked if anyone was present to speak against the variance request. No one was present to speak against the variance request. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the variance request. All ayes, motion carried.


SRF DRAWDOWN DOCUMENTATION – TOBY BROWN

Toby Brown was present to have the City sign off on SRF loan drawdowns for the 2003 State Highway project. Mr. Brown said the City will be requesting payments for engineering, soil testing and for Payments #2 and #3 to Upper Plains Contracting, the General Contractor on the 2003 State Highway Project. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to authorize the Mayor to sign the drawdown agreements for the SRF loans. All ayes, motion carried.


STATE HIGHWAY PROJECT UPDATE

Finance Officer Amert said that as of the last meeting on the 2003 State Highway Project, the project is about one week behind schedule, due to the rainy conditions experienced this spring.


FIRST READING OF ORDINANCE 895 – BULK WATER RATE FOR HYDRANT METERS

Finance Officer Amert presented Ordinance 895 for First Reading. Mr. Amert said the Ordinance amends the City’s Water and Sewer rate ordinance to allow for the metering of water from a fire hydrant using a hydrant meter. Mr. Amert explained the rate structure proposed by City staff. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to approved Ordinance 895 for first reading. All ayes, motion carried.


RUBBLE SITE – RENEWAL OF PERMIT WITH STATE OF SOUTH DAKOTA

Finance Officer Amert said the City is in the process of renewing its 5-year permit for the Canton Rubble Site. Mr. Amert asked for permission for Mayor to sign documentation to start the permit renewal process. Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to authorize the Mayor to sign the documentation to start the permit renewal process for the Canton Rubble Site. All ayes, motion carried.


2003 CURB AND GUTTER PROJECT

Commissioner Schultz reported that the crew for the 2003 Curb and Gutter project is in Canton today and should be in for the next 1 ½ to 2 weeks. Commissioner Schultz explained the procedures for how the project will be going forward.


WARRANTS

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


FLAGS ON FIFTH STREET

The Commission agreed to have the City staff takes down the flags on Fifth Street after Memorial Day, May 26, 2003. Police Chief Al Warnock stated that as a veteran and private citizen, he appreciates the City flying the flags during the Iraq conflict. Discussion followed.


QUOTE ON PAINTING – CANTON SENIOR CITIZENS CENTER AND CARNEGIE LIBRARY

Finance Officer Amert received a quote from Randy Dowdey to complete repainting and trim work at the Canton Senior Citizens Center and the former Canton Library building. Mr. Amert said the quote totals $6,700 for both building. Mr. Amert said the City has budgeted $7.000 for this project. Motion moved by Commissioner Nelson, seconded by Commissioner Schultz to approve the quotes and to have Mr. Dowdey to complete the work for the City. Discussion followed.


ANTIQUE LIGHTING PROPOSAL

Finance Officer Amert said a letter from Lynn Hurley of First American Bank & Trust was present, requesting to the City to extend the antique lighting by ½ block east to cover their bank, the Garden of Eat’n and Eastern Farmers Cooperative’s office building. The Commission asked to schedule the issue onto the May 27th meeting and to have cost figures ready for the Commission to consider.


ZONING ORDINANCE

Mr. Andresen asked where is the City in regards to the Zoning Ordinance. Mr. Amert said that Deputy Finance Officer Karen Leffler has been working with the City Attorney’s office and Tom Raymon to complete any changes to the Zoning Ordinance for next week’s meeting. Mr. Amert said that he’d visit with them to see if that can also be scheduled for the May 27th meeting.


ADJOURNMENT

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

Meeting adjourned at 8:03 p.m.

__________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (May 19, 2003)

GENERAL FUND: Farmers State Bank, 13634.17, payroll; First American Bank & Trust, 2762.08, social security; First American Bank & Trust, 1728.66, federal withholding; AFLAC, 509.41, insurance premiums; City of Canton, 39.74, clothing deduction; Colonial Insurance, 7.04, insurance premiums; FSA Section 125, 40.00, Section 125 premiums; Landmark Dental, 146.51, dental insurance; New York Life, 39.48, life insurance premiums; Pre-Paid Legal Services, 111.57, insurance premiums; SDRS SRP, 50.00, supplemental retirement; Alco Discount Store #210, 221.45, parts and supplies; Aramark Uniform Services, 40.65, uniform services; Baker and Taylor, 1147.02, books; Baker and Taylor Entertainment, 68.68, books; Barnes and Noble, 124.96, books; Brown and Saenger, 33.01, office supplies; Canton Food Center, 32.61, supplies; Christensen Distributing, 18.37, shop supplies; Computers Ta Boot, 750.99, new computers and installation at City Finance Office; Dakota Supply Group, 2.42, shop supplies; Demco, 91.06, supplies; Flack Signs, 250.00, billboard rental on I-29; Flags Unlimited, 279.00, flag pole for Kennedy Park; Grainger, 38.80, shop supplies; Heartland Paper Co., 25.58, supplies for Library; Johnson Appliance, 286.00, new refrigerator for Shop; KB’s True Value, 49.34, parts and supplies; Kipp Brothers, 97.85, promotional supplies for Library; MidAmerican Energy Co., 111.62, natural gas; Rick Miller, 15.90, reimbursement for supplies; NAPA, 265.90, parts and supplies; Edith Nelson, 140.36, mileage to school in Aberdeen; Northern State University, 829.00, 2003 library training institute; Office Max, 333.71, supplies; One Call Systems, 26.53, utility locates; Linda Peterson, 450.00, softball league dues and tournament fees; Postage-Iris Schultz, 59.92, postage; Prairie Wave, 650.22, telephone and internet services; Quarrystone Greenhouse, 25.23, plants for library grounds; Qwest, 225.00, telephone service; Tom Raymon, 21.25, mowing at 409 South Lincoln; Rehfeld’s Art and Framing, 29.62, framing picture for museum; RR #1 Services, 19.50, mat maintenance; Sanitation Products, 295.00, parts for street sweeper; Gary Schultz, 17.30, mileage for Library; SD Governmental Finance Officers Association, 50.00, 2003 FO school fee for Amert; Sturdevant’s Auto Supply, 499.51, parts and supplies; Scott Swanson, 25.00, mowing fee for 906 West Fifth Street; Zee Medical Service Co., 44.56, medical supplies.


SRF REVOLVING FUND LOAN PROJECT FUND: SECOG, 6000.00, SRF loan administration fees.


LIQUOR FUND: Farmers State Bank, 3005.74, payroll; First American Bank & Trust, 608.78, social security; First American Bank & Trust, 449.85, federal withholding; AFLAC, 13.72, insurance premiums; Colonial Insurance, 6.51, insurance premiums; FSA Section 125, 4.71, Section 125 premiums; Landmark Dental, 13.77, dental insurance; Pre-Paid Legal Services, 7.12, insurance premiums; Aramark Uniform Services, 42.96, towel maintenance; City of Canton, South Dakota, 473.55, write off NSF checks; Computers Ta Boot, 671.00, new computers and installation at City Finance Office; Jerry’s Appliance Service, 35.50, service call on cooler; KB’s True Value, 9.37, parts and supplies; MidAmerican Energy Co., 18.24, natural gas; Zee Medical Service Co., 63.60, medical supplies.


WATER FUND: Farmers State Bank, 2272.74, payroll; First American Bank & Trust, 463.90, social security; First American Bank & Trust, 297.02, federal withholding; AFLAC, 76.58, insurance premiums; Colonial Insurance, 14.15, insurance premiums; FSA Section 125, 12.40, Section 125 premiums; Landmark Dental, 44.01, dental insurance; New York Life, .52, life insurance premiums; Pre-Paid Legal Services, 32.08, insurance premiums; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 20.32, uniform services; Brown and Saenger, 19.95, office supplies; Christensen Distributing, 9.19, shop supplies; Computers Ta Boot, 671.00, new computers and installation at City Finance Office; Dakota Supply Group, 293.87, shop supplies & brass plugs; Grainger, 19.39, shop supplies; Haisch Pharmacy, 34.32, supplies; Hawkins Water Treatment Group, 1432.01, chlorine and chemicals; Johnson Appliance, 71.50, new refrigerator for Shop; KB’s True Value, 3.79, parts and supplies; MidAmerican Energy Co., 76.62, natural gas; NAPA, 20.10, parts and supplies; One Call Systems, 26.54, utility locates; Postmaster, 17.85, postage expense; Quality Office Supplies, 11.23, phone stand; Qwest, 345.00, telephone service; Sturdevant’s Auto Supply, 12.80, parts and supplies; Zee Medical Service Co., 16.22, medical supplies.


SEWER FUND: Farmers State Bank, 2315.22, payroll; First American Bank & Trust, 472.06, social security; First American Bank & Trust, 304.02, federal withholding; AFLAC, 62.73, insurance premiums; Colonial Insurance, 12.70, insurance premiums; FSA Section 125, 12.07, Section 125 premiums; Landmark Dental, 34.19, dental insurance; Pre-Paid Legal Services, 28.63, insurance premiums; SDRS SRP, 7.50, supplemental retirement; Aramark Uniform Services, 20.32, uniform services; Christensen Distributing, 9.19, shop supplies; Computers Ta Boot, 671.00, new computers and installation at City Finance Office; Dakota Supply Group, 1.21, shop supplies; Grainger, 19.39, shop supplies; Haisch Pharmacy, 6.30, supplies; Johnson Appliance, 71.50, new refrigerator for Shop; KB’s True Value, 3.79, parts and supplies; MidAmerican Energy Co., 15.41, natural gas; NAPA, 20.10, parts and supplies; One Call Systems, 26.54, utility locates; Quality Office Supplies, 11.23, phone stand; Sturdevant’s Auto Supply, 12.80, parts and supplies; Zee Medical Service Co., 16.22, medical supplies.


GENERAL LEDGER: City of Canton, South Dakota, 39.74, clothing deduction for Officer Miller; Sheila Plucker, 7.48, reimbursement for overpayment of deduction.


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MINUTES OF CANTON CITY COMMISSION MEETING
MAY 12, 2003


The Canton City Commission met at City Hall on Monday, May 12, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the May 5th City Commission meeting as presented. All ayes, motion carried.

Finance Officer Amert presented the following minutes for the Commission to review: The April 22, 2003 Canton Planning and Zoning Commission meeting; the January 8, 2003 Canton Library Board of Trustees meeting; the February 12, 2003 Canton Library Board of Trustees meeting; and the March 12, 2003 Canton Library Board of Trustees meeting;


PAUL GARBERS – SIDEWALKS

Paul Garbers was present to further discuss his issue with installing sidewalk on the north side of his property. Finance Officer Amert presented information on the requirements on the City to have sidewalks installed in the Christmas Lake Addition. Mr. Garbers said that he still did not agree with the City’s opinion that he should need to install sidewalks onto his property. Mayor Van Wyhe said that sidewalks have been installed in the Christmas Lake Addition. Mr. Garbers asked if 100% of the properties that should have been installed after the passage of the City Subdivision Ordinance. Mayor Van Wyhe suggested that the City should set a date to require the installation of sidewalks with all new housing building permits issued in Canton. Commissioner Baldwin said sidewalks are a touchy issue in Canton, but still supports the Subdivision Ordinance. Public Works Superintendent Palmer Ericksen said he was reading in the Madison, SD paper and they are having the same types of problems Canton is dealing with. Commissioner Schultz said that safety is a key factor with sidewalks in the Madison case. Deputy Finance Officer Karen Leffler said that sidewalks have not been required as a part of the normal building permit practices. Ms. Leffler said that if a sidewalk is removed, then it must be replaced.

Mayor Van Wyhe stated that he wants to enforce the sidewalks in the new subdivisions as stated in the City Ordinances. Mr. Garbers said that he could install the sidewalk, but that his concern with sidewalks in other places in Canton, especially on City or School property. Mr. Garbers said the City would be sued to no end if a child was hit due there being no sidewalk enforcement. Mr. Garbers said that his son can’t walk to school without walking in the street. Mayor Van Wyhe suggested that people walk on the curb or the grass right-of-way. Mr. Garbers said that is no solution to this issue. Mr. Garbers said there are many other areas that also need sidewalks that were built after the subdivision Ordinance was passed in 1976. Discussion followed. Former Mayor David Gard, in attendance at the meeting, said the City should further check with the City Attorney to see what the City’s authority is to require installing sidewalks. Mr. Garbers said that he does not believe the City is right on this issue. Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to table the matter for 2 weeks and to direct staff to consult with the City Attorney. Ayes 4, Nay 1 – motion carried. Ayes – Baldwin, Bogue, Nelson and Schultz; Nay – Van Wyhe.


CANTON CAR SHOW – REQUEST TO USE CITY STREETS

Mayor Van Wyhe opened discussion of the Canton Car Show’s use of the City streets to host the Canton Car Show on July 27th. Randy, Scott and DeAnna Ludwig formally requested using the streets near the Canton High School (Main, Elder, and Lincoln) to use for the Car Show. Mayor Van Wyhe said that letters to the entire neighbors close by were sent last week to invite them to the City Commission meeting to discuss the issue. Commissioner Baldwin asked how long the streets would need to be closed. Scott Ludwig said that they would need to be closed from 7:00 a.m. to 6 p.m., including the show and set up times. Mr. Ludwig said they pound posts into the City right-of-way, but do not go onto private property. Wendy Jacobs said her concern all along has been denial of access to her property during the time of the Car Show. Ms. Jacobs said another concern is with police and fire coverage in the area. Scott Ludwig said they have better coverage in the Car Show area, due the number of fire personnel and ambulance staff in the area and they have a faster ability to respond to a problem. Cheryl Geraets asked why these residents should be allowed to block their property. Ms. Jacobs said the situation is unique and she asserted that only family benefits from the Car Show. Randy Ludwig said that he received 15 to 20 calls asking about the Car Show and he said he didn’t want to tell them that certain residents didn’t want the Car Show in Canton. Ms. Geraets said that they do not have the access to their property. Tom Raymon said that he’s lived across from the Library for the past 10 years and has not had any problems with the Canton Car Show and the people who visit the Car Show. Randy Ludwig said that since they have been successful at hosting the Canton Car Show, there are a number of jealous people in Canton that don’t want the Car Show and the success they worked hard for. Randy Ludwig said that he’d put an ad in the Sioux Falls Argus Leader with the residents names on it, telling all that they stopped the Canton Car Show.

Former Mayor David Gard said that he wanted to state that he has been in Canton since 1976 and is a firm supporter of the Canton Car Show. Mr. Gard said that he lived in the Canton Car Show and did not have any problems with the Car Show. Mr. Gard said many businesses and people are making sacrifices in 2003 due to the State Highway Project. Mr. Gard asked the residents in that area to understand that although no one wants it in front of their property, but there is not another choice this year. Mr. Gard said that many people are trying to help Canton grow and many of them are making big sacrifices this year. Mr. Gard said that for five businesses in Canton, the weekend of the Canton Car Show is the largest monetary weekend for them. Ms. Jacobs said that she wanted all to think of other options in this process. Mr. Gard said that the streets of the City are a part of the community and that the time is very short to be inconvenienced. Lori Lems of Pump N Pak said that she feels for these residents, but other people are making sacrifices also this year. Ms. Lems said that she asked the residents for a few hours of their time to be inconvenienced to use the City streets. Ms. Lems said that many towns would be glad to take the Car Show if it leaves Canton and that is something she does not want to see. Ms. Lems asked all to make the right decision. Randy Ludwig said that he will do what needs to be done to keep the residents happy, but needs to use the City streets. Verlyn Eben asked if part of North Lincoln Street would be open by house. Scott Ludwig said yes. Discussion followed on Cruise Night. Scott Ludwig reminded all that the Car Show brings in a lot of people into town and helps the local economy. Randy Ludwig said the Cruise Night was originally for show cars and has now gotten out of hand. DeAnna Ludwig said that having registrants in on Saturday helps to get about ½ of the cars registered for the Car Show on Sunday. Randy Ludwig suggested having something else for people to do on Cruise Night, such as a concert or street dance. Further discussion followed. Commissioner Baldwin said the Police can handle the situation on Saturday night if it is not promoted. Commissioner Baldwin said that Cruise Night has now become a drunken fiasco and is not a positive promotion Randy Ludwig stated that they will do anything to make it work for this year. Nancy Goergan said that she enjoys the Car Show and said her question for using the streets by her house is her freedom and accessibility to her property. Ms. Geraets said that she wanted the Commission to be aware of the resident’s needs in that area. Motion moved by Commissioner Nelson to allow the Canton Car to use the City streets requested for July 27, 2003 and to allow parking for the residents affected to give access in and out of the area. Loren Wallem asked if on the flyers for the Canton Car Show would also state only for the Poker Run and not for Cruise Night. Randy Ludwig said that he’d only list the Poker run and not Cruise Night. Motion amended by Commissioner Nelson to add to the original motion to ask the Canton Car Show to advertise the Poker Run and not the Cruise Night. Motion seconded by Commissioner Schultz. All ayes, motion carried. Randy Ludwig said that he wants to work with these residents to get this done and keep everyone happy and eliminate any problems ahead of time.


PAYMENT #3 – 2003 STATE HIGHWAY PROJECT

Finance Officer Amert said that Payment Request #3 for the 2003 State Highway Project has been submitted by the City Engineer’s office. Mr. Amert said the pay request was for $103,978.15. Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve Payment Request #3 for the 2003 State Highway Project for $103,978.15 and to authorize the Mayor to sign Pay Request #3. All ayes, motion carried.


CHANGE ORDER #1 - 2003 STATE HIGHWAY PROJECT

Finance Officer Amert said that Change Order #1 for the 2003 State Highway Project was in front of the City for its approval. Mr. Amert said the Change Order would add 200 feet of iron pipe under US 18 for the future expansion of the water system for a total of $7,130.00. Motion moved by Commissioner Nelson, seconded by Commissioner Bogue to authorize the Mayor to sign Change Order #1. All ayes, motion carried. Discussion followed on the project.


WARRANTS

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the warrants. All Ayes, motion carried.


USE OF JACK FOX PARK

Mayor Van Wyhe said a request from SODA (Students Oppose to Drugs and Alcohol) have asked to use Jack Fox Park on May 20th from 4:00 p.m. to 6:30 p.m. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to allow SODA to use to use Jack Fox Park on May 20th from 4:00 p.m. to 6:30 p.m. All ayes, motion carried.


SET FINAL PLAT HEARING – PEGGY BRUNK

Finance Officer Amert asked to set a Final Plat Hearing for Peggy Brunk for lots to be platted into Scenic Heights Addition. Mr. Amert asked to set a Final Plat Hearing for May 27th at 7:20 p.m. Motion moved by Commissioner Bogue, seconded by Commissioner Nelson to set a Final Plat Hearing for Peggy Brunk for lots to be platted into Scenic Heights Addition for May 27th at 7:20 p.m. All ayes, motion carried.

NUISANCE PROPERTIES

Mayor Van Wyhe requested that letters be sent to properties earlier listed by the City Commission as dilapidated houses. Finance Officer Amert said he would be sending out the letters at the City Commission’s request this week. Mayor Van Wyhe accepted a letter from an anonymous person stating a number of properties that were dilapidated or nuisance properties. Commissioner Bogue said that he saw irony in the letter sent. Mayor Van Wyhe gave the letter to Assistant Police Chief Tim Walburg for investigation. Vince McKenney asked about properties listed in the anonymous letter and the upcoming dilapidated housing letters. Commissioner Baldwin said the properties listed have been sitting empty without people living in them for years. Discussion followed. Mayor Van Wyhe said the City worked last year to get Gas Light Trailer Park into compliance and now it was time to move onto these dilapidated houses.


MOWING GRASS INTO CITY STREET

Mr. Ericksen stated that residents are again mowing grass into the streets and will plug up the Storm Sewer system. Mayor Van Wyhe asked for an ad to be placed in the Sioux Valley News to remind residents not to mow grass into the streets.


DILAPIDATED HOUSES

Assistant Police Chief Tim Walburg asked about how the City proceeded with Gas Light Trailer Park to force the inspections of the property. Mayor Van Wyhe said the first group of houses listed does not have anyone living in these houses. Commissioner Bogue said that in the case of Gas Light, people were living in there, while these houses do not. Commissioner Baldwin said that abandoned houses are a different matter altogether and the City needs to move forward on these properties. Commissioner Baldwin said in the Gas Light case, all parties did cooperate to work with the City.


TREE BANK

Mr. Ericksen said the City will not be moving any trees in 2003 out of the Tree Bank. Commissioner Bogue was asked by Eric Hohman asked why the City was moving the trees from the east side of the Tree Bank to the south side and why trees couldn’t be moved at this time. Mr. Ericksen said that Mr. Bagley suggests no trees be moved out of the tree bank this year. Mr. Ericksen said the new trees will be planted on the south side of the concrete pile in the future, but none will be moved in 2003.

NUISANCE ISSUE

Assistant Police Chief Tim Walburg said that the City Attorney’s office will be sending a civil notice to the owner of 426 South Lincoln (Jesse Mullinix) to have the City clear the property. Discussion followed.


BIKE RODEO

Commissioner Baldwin reported that 126 kids were at the Bike Rodeo held at EO Lawrence School.


CIRCUS

Commissioner Nelson said that the Canton Area Commerce Association will be sponsoring a circus in Canton on June 27th. Discussion followed on location and needs from the City.


PLAYGROUND EQUIPMENT

Mayor Van Wyhe said the new playground equipment should be installed before the Canton Youth Days on May 30th and May 31st.


GARBAGE SERVICE

Assistant Police Chief Tim Walburg said that a local resident has asked if the City could force all residents to have garbage service to their houses. Commissioner Baldwin said that would be very hard to enforce. Discussion followed.


EXECUTIVE SESSION

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

Executive Session began at 8:07 p.m.
Mayor Van Wyhe ended Executive Session at 8:21 p.m.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to adjourn. All Ayes, motion carried.

Meeting adjourned at 8:22 p.m.


_________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (May 12, 2003)

GENERAL FUND: Aramark Uniform Services, 141.02, uniform services and towel maintenance; Banyon Data Systems, 695.00, payroll software support; Bid-Well, 4.84, fitting; Bierschbach Equipment and Supply, 30.76, hydrant cement; Campbell Supply, 343.79, shop parts and gates for Rubble Site; Canton Fire Department, 125.08, reimbursement for parts – Fire Department; Crawford’s Implement, 65.71, parts and supplies; D-P Tools, 174.50, shop tools; Dakota Supply Group, 10.08, bushing and elbow; Davis Typewriter, 130.85, copier maintenance and office supplies; Eastern Farmers Cooperative, 13.41, dog food; Federal Express, 28.79, overnight package fee; Thomas Frieberg, 160.00, recreation league fees; G & H Distributing, 50.63, shop parts; Game Time, 19297.07, new playground equipment for Jack Fox Park; Graybar Electric, 52.75, lamps for Shop; Heiman Fire Equipment, 498.15, fire coat; Johnstone Supply, 20.18, parts for Shop; Kruse Building Center, 83.62, parts and supplies; Lawson Products, 136.25, Shop parts; Mobile Electronic Service, 80.00, lapel mics; Northern Truck Equipment, 74.99, latch for Fire Department; NSP, 4986.37, electricity and street lights; Office Max, 239.03, office supplies and minor equipment; Prairie Communications, 304.16, spare radio and speaker mic for Shop; Pump N Pak, 48.83, gasoline and supplies; Quality Used Furniture, 63.96, office supplies; Ray O’Herron, 2.38, clothing expense; RR #1 Services, 119.96, mat and mop maintenance; SD Association of Code Enforcement, 50.00, conference fee; Sioux Valley News, 1155.01, publishing and printing costs; Splash and Dash Car Wash, 38.00, washing PD cars; Stern Oil Company, 2186.69, unleaded and diesel fuel shipment; Toby’s Amoco, 42.00, repairs to PD car; US Postal Service, 413.28, postage envelopes; Van’s Rubbish Removal, 102.00, garbage service; Zabel Steel Company, 58.06, steel supplies.


SRF REVOLVING FUND LOAN PROJECT FUND: Maxim Technologies, 891.60, soil borings and testing fees; Upper Plains Contracting, 344826.14, Payment #2 on State Highway Project for City.


LIQUOR FUND: Aramark Uniform Services, 88.44, towel maintenance; NSP, 339.75, electricity; RR #1 Services, 128.00, mat and mop maintenance & supplies; Sioux Valley News, 111.60, publishing; Van’s Rubbish Removal, 35.00, garbage service.


WATER FUND: Aramark Uniform Services, 57.72, uniform services; Bid-Well, 2.41, fitting; Bierschbach Equipment and Supply, 15.37, hydrant cement; Campbell Supply, 35.66, shop parts; Crawford’s Implement, 5.63, parts and supplies; D-P Tools, 87.25, shop tools; Davis Typewriter, 61.05, copier maintenance; G & H Distributing, 25.32, shop parts; Graybar Electric, 26.37, lamps for Shop; Johnstone Supply, 10.09, parts for Shop; Kruse Building Center, 37.90, parts and supplies; Lawson Products, 68.17, Shop parts; Lincoln County Register of Deeds, 12.00, filing fees; Maguire Iron, 350.00, relief valve; NSP, 2805.15, electricity; Prairie Communications, 85.42, spare radio and speaker mic for Shop; Quality Used Furniture, 1.99, office supplies; RDO Equipment, 287.49, hose and fittings for #45; RR #1 Services, 27.47, shop supplies; SD DENR, 42.50, future water use permit fee; Sioux Pipe and Equipment, 39.68, brass inserts; Sioux Valley News, 156.84, publishing; Stern Oil Company, 353.73, unleaded and diesel fuel shipment; US Postal Service, 413.29, postage envelopes; Van’s Rubbish Removal, 5.00, garbage service; Zabel Steel Company, 29.02, steel supplies.


SEWER FUND: Aramark Uniform Services, 57.72, uniform services; Bid-Well, 2.41, fitting; Bierschbach Equipment and Supply, 15.37, hydrant cement; Campbell Supply, 35.66, shop parts; Crawford’s Implement, 5.63, parts and supplies; D-P Tools, 87.25, shop tools; Dakota Supply Group, 100.32, PVC pipe; Davis Typewriter, 61.04, copier maintenance; G & H Distributing, 25.32, shop parts; Mark Gacke, 300.00, hauling rocks to sewer lagoons; Good-Land Pump Service, 1689.24, pump repairs at Beaver Creek lift station; Graybar Electric, 26.37, lamps for Shop; Johnstone Supply, 10.09, parts for Shop; Kruse Building Center, 60.70, parts and supplies; Lawson Products, 68.17, Shop parts; NSP, 413.27, electricity; Prairie Communications, 85.42, spare radio and speaker mic for Shop; RR #1 Services, 27.47, shop supplies; Sioux Valley News, 94.43, publishing; Stern Oil Company, 326.16, unleaded and diesel fuel shipment; US Postal Service, 413.29, postage envelopes; Van’s Rubbish Removal, 5.00, garbage service; Zabel Steel Company, 29.02, steel supplies.


AIRPORT FUND: Libra Air, 1125.00, manager’s fees; Stern Oil Company, 8.82, diesel fuel shipment.

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MINUTES OF CANTON CITY COMMISSION MEETING
MAY 5, 2003


The Canton City Commission met at City Hall on Monday, May 5, 2003 at 7:00 p.m. with the following members present: Mayor Pete Van Wyhe, Commissioners Todd Baldwin, Robert Bogue, Jim Nelson and Gary Schultz. 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 Schultz, seconded by Commissioner Nelson to approve the agenda as presented. All ayes, motion carried.


MINUTES

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to approve the minutes of the April 22, 2003 Joint City-County School meeting as presented. All ayes, motion carried.

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the April 28, 2003 City Commission meeting as presented. All ayes, motion carried.

Motion moved by Commissioner Nelson, seconded by Commissioner Baldwin to approve the minutes of the May 1, 2003 Special City Commission meeting as presented. All ayes, motion carried.


OATH OF OFFICE

Mayor Van Wyhe took the Oath of Office for the position of Mayor.


DAVE DUPUY – REQUEST TO CONTINUE CORN MAZE

Dave Dupuy at 613 West 9th Street was present to request another year to operate a corn maze on his property as a Conditional Use. Commissioner Baldwin said that he heard no negative input about the maze. Motion moved by Commissioner Schultz, seconded by Commissioner Baldwin to approve the continuation of the Conditional Use for Mr. Dupuy for one year. All ayes, motion carried.


WENDY JACOBS – OPPOSITION TO CANTON CAR SHOW LOCATION

Wendy Jacobs was present to further discuss her opposition to locating the 2003 Canton Car Show into her neighborhood around the Canton High School. Ms. Jacobs presented a petition signed by 60% of the residents in the area that are opposed to the Canton Car Show using the City streets. Ms. Jacobs said that the streets she concentrated on were on Main, Elder and Lincoln. Randy and DeAnna Ludwig were present to discuss the use of the City streets by Canton High School, including Main, Elder and Lincoln. Mr. Ludwig said that he talked to the same people and they supported the Car Show by the same percentage. Mr. Ludwig said that he did talk to some of the residents opposed to the Car Show, but not 60%. Mr. Ludwig said that he was getting tired of fighting the town every year about the Car Show and that if a decision was not rendered tonight, the Car Show was off. Ms. Jacobs said that she talked to Mr. Ludwig earlier in the day and stated that Mr. Ludwig approached her in a threatening manner. Ms. Jacobs said that she has the right to express her opinion about the Car Show. Mr. Ludwig said that he did not want to waste his time if it was not worth it to the town. Mayor Van Wyhe questioned Ms. Jacobs’ opposition to the Car Show. Ms. Jacobs stated that she was a very private person and that she didn’t want 8,000 people trudging by her property. Ms. Jacobs said that she was not in favor of denying her access to her property. Mayor Van Wyhe said this was a one day inconvenience for one year due to the Highway Project. Ms. Jacobs said that she was not in favor of this. Commissioner Baldwin said that he’d like to give this one more week to have the City contact the residents affected and have the people come to the May 12th meeting. Commissioner Baldwin said that he appreciated all that the Canton Car Show has done for the Canton community. Mr. Ludwig said that he is disappointed that this issue always comes up in May before a decision can be reached. Mayor Van Wyhe said if that will affect the Commission’s decision anyway. Commissioner Baldwin said that he wants to hear from these residents and give them their due. Police Chief Al Warnock asked that if the Car Show sets up 3 lines of cars could a fire truck or an EMT vehicle get through. Mr. Ludwig said that some times a fire truck may not get through. Ms. Ludwig said they have a golf cart that could transport people out of the area to where a fire truck could get to them. Ms. Jacobs stated that one problem could cause more problems. Commissioner Nelson asked how many cars could be put on Lincoln and Main streets. Mr. Ludwig said they could be put on both sides of the street. Discussion followed.

Mayor Van Wyhe said that he wants to see the Canton Car Show happen this year. Commissioner Schultz said that he agreed with Mayor Van Wyhe’s opinion. Ms. Jacobs said the larger problem is the number of other people who’ve dealt with the Car Show over the number of years may also be opposed to it. Ms. Jacobs suggested that Mr. Ludwig or the City invest in land to host the Car Show away from private property. Mayor Van Wyhe said the City, like other cities across the county, uses their City streets for public celebrations and festivals. Mayor Van Wyhe said the use of the streets may inconvenience people, but it won’t kill them like Ms. Jacobs. Ms. Jacobs said the use of the streets won’t kill her and considered Mayor Van Wyhe’s tone insulting to her. Further discussion followed.

Chief Warnock asked Mr. Ludwig about the issue of Cruise Night. Chief Warnock asked Mr. Ludwig to place into his letter or flyer to urge them not to come over on Cruise Night due to the highway construction project in progress. Mr. Ludwig said that he would not state that in his flyer. Mr. Ludwig said that he would not deny the community a chance to make money during this project on the one night (Cruise Night) when many businesses make money. Commissioner Baldwin said that he does not see Cruise Night as a viable option due to the construction. Chief Warnock rephrased his request that outside of the Poker Run, to have people not encouraged coming to Canton for the Cruise Night. Ms. Ludwig said that the letters they send go out to only the demonstrators, not to the majority of cruisers. Mr. Ludwig asked how we can stop anything. Further discussion followed. Commissioner Bogue said that he has told the Ludwigs they have a public relations problem in dealing with the Car Show and the local people in promoting the show. Commissioner Bogue asked in a compromise is to leave the east ½ of the Lincoln Street could be left open for those residents on that side. Mr. Ludwig asked how that area would be policed. Ms. Jacobs said that she was willing to compromise and was not totally illogical. Commissioner Baldwin asked what the City should do for the other residents on the other streets. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to table the request for one week and to request sending letters to all of the property owners affected. All ayes, motion carried.


WEEDS ON CITY PROPERTY

Wendy Jacobs asked the City to spray their property north of her house for weeds that are on the City’s property.


ADVISORY BOARD APPOINTMENTS

Mayor Van Wyhe read the report for the 2003 Advisory Board Appointments:

2003 ADVISORY BOARD APPOINTMENTS LIST

AIRPORT BOARD

NUMBER OF SEATS - 5
TERM LENGTH - 5 YEARS
TERMS OPEN IN 2003 – 1 Bruce Henke

PERSONS APPLIED – 1 Bruce Henke

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the re-appointment of Mr. Henke to the Canton Airport Board. All ayes, motion carried.


HOUSING AND REDEVELOPMENT COMMISSION BOARD

NUMBER OF SEATS – 5
TERM LENGTH - 5 YEARS
TERMS OPEN IN 2003 – 1 Ed Archer (resident of Colonial Village)

PERSONS APPLIED – 1 Arlin DeVos (resident of Colonial Village)

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the appointment of Mr. DeVos to the Canton Housing and Redevelopment Commission. All ayes, motion carried.


LIBRARY BOARD OF TRUSTEES

NUMBER OF SEATS - 5
TERM LENGTH - 3 YEARS
TERMS OPEN IN 2003 – 2 Jim Bolin
Susan Irons - Beachler

PERSONS APPLIED – 2 Jim Bolin
Susan Irons - Beachler

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the appointment of Mr. Bolin and Ms. Beachler-Irons to the Canton Library Board of Trustees. All ayes, motion carried.


PLANNING AND ZONING COMMISSION

NUMBER OF SEATS - 7
TERM LENGTH - 3 YEARS
TERMS OPEN IN 2003 – 3 Randy Ludwig
Tom Raymon
Mark Everhart

PERSONS APPLIED – 3 Randy Ludwig
Tom Raymon
Mark Everhart

Motion moved by Commissioner Bogue, seconded by Commissioner Baldwin to approve the appointment of Mr. Raymon, Everhart and Ludwig to the Canton Planning and Zoning Commission. All ayes, motion carried.


RECREATION BOARD

NUMBER OF SEATS - 7
TERM LENGTH - 5 YEARS
TERMS OPEN IN 2003 – 2 Open Seat (4-years remaining on 5-Year Seat)
Larry DeBuhr

PERSONS APPLIED – 0


NEED: 1 Person for 5-Year Term
1 Person for 4-years remaining on 5-Year Seat


Motion moved by Commissioner Schultz, seconded by Commissioner Bogue to re-advertise for the opening for the Canton Recreation Board until the positions are filled. All ayes, motion carried.


ADVERTISE FOR PLANNING AND ZONING – OPEN 7TH SEAT

Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to advertise for the open 7th Seat opening for the Canton Planning and Zoning Commission until the position is filled. All ayes, motion carried.


YEARLY APPOINTMENTS – ADMINISTRATIVE APPOINTMENTS

Mayor Van Wyhe read the following list of Administrative Appointments:

ADMINISTRATIVE APPOINTMENTS

MUNICIPAL FINANCE OFFICER - DAN AMERT

CHIEF OF POLICE – AL WARNOCK

FIRE CHIEF – TREVOR EKLE

PUBLIC WORKS SUPERINTENDENT - PALMER ERICKSEN

WATER AND WASTEWATER SUPERINTENDENT - JEFF FOSSUM

LIQUOR STORE MANAGER – RUSSELL MILLER

LIBRARIAN – IRIS SCHULTZ

* BUILDING INSPECTOR - ERIC ENEBOE

* CITY ENGINEER - DeWILD GRANT RECKERT AND ASSOCIATES
SIOUX FALLS, SD

* CITY ATTORNEY - LARRY NELSON

* ASSISTANT CITY ATTORNEY – BRENDA ASK

* HEALTH OFFICER - DR. DAN HEINEMANN

* Personnel used on an "as needed" basis.

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to approve the Administrative Appointments list. All ayes, motion carried.


DEPARTMENTS FOR THE COMMISSIONERS

Mayor Van Wyhe asked to have the following Commissioners over the following areas of responsibility:

Commissioner of Utilities – Jim Nelson
Commissioner of Streets – Gary Schultz
Commissioner of Public Safety – Todd Baldwin
Commissioner of Revenue and Finance – Robert Bogue
Commissioner of Parks and Recreation – Pete Van Wyhe

Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve the Department Listing for Commissioners. All ayes, motion carried.


WARRANTS

Motion moved by Commissioner Schultz, seconded by Commissioner Bogue to approve the warrants. All Ayes, motion carried.


2003 STATE HIGHWAY PROJECT

Finance Officer Amert said that the bridge over the Big Sioux River was closed today and traffic was being detoured south through Beloit, Iowa. Discussion followed on the May 1st Special City Commission meeting at the Canton Optimist Club.


TREE BANK

Commissioner Bogue was asked by Eric Hohman asked why the City was moving the trees from the east side of the Tree Bank to the south side and why trees couldn’t be moved at this time. Finance Officer Amert stated that the trees were being moved due to problems with the soil on the east side and that moving the trees to the south side may spur faster growth. Mr. Amert said that Mr. Bagley suggests no trees be moved out of the tree bank this year.


USE OF JACK FOX PARK

Mayor Van Wyhe entertained a motion to allow the River of Life church to hold an outdoor church service and picnic at Jack Fox Park on July 13th. Motion moved by Commissioner Baldwin, seconded by Commissioner Schultz to allow the River of Life church to hold a outdoor church service and picnic at Jack Fox Park on July 13th. All ayes, motion carried.


VFW FLAG BURNING CEREMONY

Commissioner Baldwin said the Canton VFW will be holding a flag burning ceremony to be held at Jack Fox Park on May 20th and asked to use the City barricades for the ceremony.


JUNE 2ND CITY COMMISSION MEETING

Finance Officer Amert suggested that since the Strive to Thrive meeting will be held on Monday, June 2nd at 7:00, Mr. Amert asked to start the City Commission meeting earlier at City Hall and complete the general business, recess from City Hall and to resume the meeting at the Canton High School to hear the Strive to Thrive presentation as a part of the City Commission meeting. Motion moved by Commissioner Nelson, seconded by Schultz to schedule the June 2nd City Commission meeting to start at 6:00 p.m. All ayes, motion carried. Discussion followed.


ADJOURNMENT

Motion moved by Commissioner Bogue, seconded by Commissioner Schultz to adjourn. All Ayes, motion carried.

Meeting adjourned at 7:54 p.m.


_________________________________
Dan Amert, Municipal Finance Officer


WARRANTS: (May 5, 2003)


GENERAL FUND: Farmers State Bank, 14039.80, payroll; First American Bank & Trust, 2866.32, social security; First American Bank & Trust, 1876.88, federal withholding; Fortis Benefits, 74.75, life insurance; FSA Section 125, 40.59, Section 125 deductions; SDRS Supplemental Retirement, 46.58, supplemental retirement; WellMark of South Dakota, 4564.58, health insurance premiums; Canton Food Center, 1.99, supplies; City of Canton, 96.63, water/sewer bills; SD State Treasurer, 217.95, sales tax payment.


LIQUOR FUND: Farmers State Bank, 3488.42, payroll; First American Bank & Trust, 711.84, social security; First American Bank & Trust, 543.55, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 5.21, Section 125 deductions; WellMark of South Dakota, 585.62, health insurance premiums; Aramark Uniform Services, 88.44, towel maintenance; Beal Distributing Co., 17817.62, beer purchases; Canton Food Center, 148.48, food supplies; Carlson Distributing, 7254.77, beer purchases; Chexcel, 4.32, monthly check verification fee; City of Canton, 60.72, water/sewer bill; Culligan Water Conditioning, 31.29, water conditioning; Dakota Beverage Co., 6509.70, beer purchases; Dakota Tom’s, 24.15, food supplies – sandwiches; Johnson Brothers Famous Brands, 3137.94, liquor and malt beverage purchases; Steve Knorr, 150.00, DJ fees; Kraft Pizza Company, 94.96, food supplies – pizzas; Pepsi-Cola Bottling, 128.00, pop supplies; Queen City Wholesale, 262.30, cigarettes and supplies; Russ Miller-Cash Items, 161.20, food supplies and washing windows; SD State Treasurer, 857,72, sales tax payment; Sodak Distributing, 3539.50, liquor and malt beverage purchases; Spotlight Entertainment, 275.00, karaoke fees.


WATER FUND: Farmers State Bank, 2731.14, payroll; First American Bank & Trust, 568.62, social security; First American Bank & Trust, 416.65, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 12.88, Section 125 deductions; SDRS Supplemental Retirement, 12.00, supplemental retirement; WellMark of South Dakota, 900.93, health insurance premiums.


SEWER FUND: Farmers State Bank, 2119.94, payroll; First American Bank & Trust, 434.98, social security; First American Bank & Trust, 294.96, federal withholding; Fortis Benefits, 16.25, life insurance; FSA Section 125, 10.50, Section 125 deductions; SDRS Supplemental Retirement, 6.42, supplemental retirement; WellMark of South Dakota, 900.91, health insurance premiums.


AIRPORT FUND: City of Canton, 14.00, water bill.


GENERAL LEDGER: WellMark of South Dakota, 489.07, health insurance premiums.

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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