City of Watertown, SD 2022 City Council Meetings, 17 Oct 2022

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From YouTube: City Council Meeting - 10-17-2022

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City Council Meeting - 10-17-2022

A

Call the order for the Watertown city council meeting for October 17 2022., please rise while Joe vitek of Divine Providence South Dakota leads us in prayer.

B

Thank you mayor. Let us pray Heavenly Father. We just give you thanks for this day, we thank you, you Lord for creating us in your image. We ask that you guide and direct and give wisdom, courage and Prudence to the mayor to the council, to the city manager and all the city, employees who go about and gather here this evening to do your will and to serve mankind, and we thank you and ask all of these things. In the name of your son, Jesus Christ, amen,.

A

Finance officer, Bob zeen: please call the roll.

C

Okay, Bueller Bueller Danforth.

D

C

E

C

Paulson absent Shetty here tougher here.

A

Phil Howard here, thank you. Quorum is established with that. The chair will entertain a motion to approve tonight's consent agenda motion made by councilman shuddy seconded by councilman Bueller any conversation on that hearing. None all those in favor of approving the consent agenda. Please say aye.

F

A

Opposed say, nay, motion carries now is the time for public comments. If anyone is here and would like to address the council about something that is not on tonight's agenda, now is your time to do so, see no one come forward. I'll, close public comment section and entertain a motion to approve tonight's agenda motion made by councilman villauer seconded by councilman Bueller in conversation on that hearing none motion is to approve the could approve the agenda.

A

All those in favor, please say aye aye, any opposed saying they motion carries first item on the regular agenda is an application for a special event license to latc or Lake Area Technical College for the Festival of trees. Our finance officer, Bob Zine, will tell us more.

C

Oh, thank you mayor. This is a special event license. We've done this one in the past notice was given in the paper. Application is complete everything's in order. So if there's any questions, I can try to answer them all.

A

Right uh chair will entertain them. I actually have to open a public hearing. Sorry about that uh is there. Anyone who would like to testify on this item.

A

Yeah, would you like to just say a few words about I mean I assume everyone knows Festival of trees, but you can't assume anything nowadays. So just tell us a little bit about the event and what it's for and foreign.

G

So the Festival of trees- this will be our 23rd year of hosting it. This will be our fifth year of it being on the Lake Area Tech campus fourth year with the special license. We appreciate the support of the city and the mayor city manager and it's always a fun event. Safe event. You have to be 21 to attend and participate at Festival of trees. We do obtain special Insurance liability insurance for us and the district, and it is our largest fundraiser. So we appreciate your support.

A

Thank you very much. I'll close the public hearing and open it up for Council action. Do we have a motion to approve the application motion made by councilman Tupper seconded by councilman Bueller any conversation on this Council here? None. The motion is to approve the application. All those in favor, please say aye aye, any opposed saying they motion carries Item B is an application for a transfer of ownership of a retail malt beverage and South Dakota Farm wine license and video Lottery license from Red Door LLC to Bonnie glines, finance officer, Bob zeen.

A

Please tell us what this is about.

C

Okay, thank you mayor. This one is a transfer of ownership um to the same location. uh Why this one's in front of you is because it's got the video lottery, so the affidavit was in place. Notice was given everything's in order. So if there's specific questions, um I can try to answer them all.

A

Right, thank you very much. I'll open up a public hearing is there anyone who would like to testify on this item.

A

I'll close the public hearing open it up for Council action. Do I have a motion to approve the application motion made by councilman Paulson seconded by councilman Danforth. In a conversation on this Council hearing. None. The motion is to approve the application. All those in favor, please say aye aye, any opposed, say, nay, motion, carries item. C is a retail wine and cider license renewal for Dakota butcher, Watertown, East, finance officer, Bob, Zen, okay,.

C

Thank you mayor on this one. The reason the council is seeing this when this is the renewal, its renewal time for the liquor and the wine licenses. um This one is before the council because there was a previous violation.

C

The council did see this with the malt beverage, but we've kind of had the conversation go back and forth that, because it is a different license, we still did request that the owners be present in case there were questions, but this was an underage sale. Violation happened, uh June, 15th of 22., so otherwise this will just renew their license for the year 2023.. So if there's any other questions, I can try to answer them all.

A

Right, thank you. Thank you very much, I'll open up a public hearing. Is there anyone who would like to testify on this item.

A

You don't have to, but.

H

You're probably going to get asked a question anyway. So well the first time here I'm here just.

A

Announce yourself and well.

H

I'm Eric Grunwald, with Dakota butcher. uh Let's see, let me pull up I had something I wrote down: oh got a little prepared.

H

Well, what happened was uh we had a point of sale system and anytime you purchase alcohol. It brought up a warning like did you charge, or did you check an ID? Well that worked great for a long time. While we switched our point of sale system. Well, you know how stuff is ordering. Now we with this new system, we had to order a deal that scans their ID to want to check if it's a fake and two to let you know if you're 21.

H

well, that is I, don't know somewhere on its way here, but we have not got it yet. So uh it's not an excuse, but uh it's just the person got busy and didn't do their uh job correctly and made a mistake so, but.

G

H

Is on its way to all of our locations to uh make sure this hopefully never happens again.

A

Thank you very much. Is there anyone out anyone else who would like to testify on this item? How close the public hearing open it up for Council action? Do I have a motion to renew the license motion made by councilman vilauer seconded by councilman Tupper any conversation on this Council hearing? None. The motion is to approve the or to renew the license. All those in favor, please say aye aye, any opposed, say, nay, motion carries item. D is a retail liquor license renewal for Brockton Enterprises, doing business as Duffy's finance officer, Bob, Zen,.

C

Thank you. Thank you mayor. This one is similar. This is also a renewal retail liquor for Duffy's. um They were before the council for their malt beverage as well same violation. Nothing, no new violations on this one. um So if there's any other questions, I can try to answer them.

A

Thank you very much. I will open up open a public hearing if there's anyone who would like to testify in this now is the time to do so.

A

I'll close the public hearing open it up for Council action. Do I have a motion to renew the license motion made by councilman Paulson secreted by councilman Danforth any conversation on this Council councilman vilauer Jessica.

F

Thank you mayor just to clarify. We have this conversation every time this comes up and I know. Our finance officer asked asked us that Friday morning at our agenda review meeting okay, our policy when there is a violation, is it our policy or not to have the applicant appear before us explaining what they're going to do differently so I I? Guess I I'd like to have that conversation, so our finance officer knows uh what to tell or an applicant when the situation like this arises.

C

Okay, thank you. So it has kind of toggled back and forth between showing up for one renewal versus showing up for the other one. um Some of the last communication I had was because they are separate licenses and the violation is within a year of that license, um so they are required to have a public hearing and to kind of reduce confusion and the fact that there could be a time that one council is different.

C

We do renewals of malt beverage in June councils change in July, and then you have a renewal for the liquor about this time. So my last understanding was that we would be requiring or requesting requiring that if there is a violation, you show up each time for that license. Now. Duffy's has been here for the malt beverage and the liquor. If there's no other violations, they won't show up again and same for Dakota butcher. So that's how I've been handling it in the finance department.

C

A

You much any follow-up councilman Danforth.

D

Glenn thanks for bringing that up because I, it seems to me like, if, if we have a violation, if I've got two licenses, three license whatever that is I I think it's wrong for us to ask them to come here every time just because of the dates on how these renewals may occur.

D

In my opinion, we have them come here, I think it's important that they come here. They come here on their first renewal. Any secondary renewal, in my opinion, uh should not require them to be here. They've already answered to the issue, so let's not make this any more problematic or or um well. What's the word I want.

B

D

A headache more than than it needs to be so, in my opinion and I would certainly think procedurally for this body to at least consider the fact that they come once and and as long as it's the same violation that we're going to be referring to, then we shouldn't have them come back a second or a third time, in my opinion, just comments. Thank.

A

You councilman Danforth I would tend to agree with that as well. uh Councilman Tupper, first uh councilman Shetty, was beat it to the punch, so councilman Shetty.

I

Thank you, mayor, I, I would I mean I, see both sides of it being uh last year in 2021 I started on the council in July.

I

um If it's communicated like you did today, we communicated it was already previously talked about discussed through the previous Council. As long as you know, if there were a time period where there's a new Council I could see that with that kind of just bringing that information up, I could see myself just following suit with what was already just you know, agreed upon the previous Council, so I could see the point of not having them come back up again, beings the first time absolutely, but but not necessarily the second time.

A

Thank you, councilman.

J

Councilman cover I would tend to agree with uh what the statements from my colleagues they uh you know, we do ask them to come up once I. Remember one time it wasn't you that wasn't even a requirement, uh but we did make that a requirement and I would definitely think that once is enough and agree with councilman Chetty that even if we do have that change in Council, uh I I would think that the point's been made on the previous meeting that the individual had to show up. For that.

J

You know there has been something done to correct the issues so.

A

Thank you, councilman um finance officer, Bob Zen. How would this look logistically to basically not send them a letter, or would you just reword the letter to say you're technically up, but you don't have to show.

C

So you know I'm kind of toggling between you know, I've kind of done it both ways and so I'm I'm just trying to do kind of what the council prefers um as far as the public hearing will always be required.

C

As far as the council's take on whether or not the owner shows up that I mean I can follow that that guidance that I've been given, but no matter what there will be a public hearing um kind of for me, just a little bit of my take is I guess as an owner of a license if you're here, it's always a good thing to be here when the council does have questions, um and so but I'll do whatever it doesn't really change my process.

C

I guess it just made it simple that if there's a violation within the year, the letter just states to show up and then that way, there's no confusion about well. Did they show up for the malt beverage and not the end. Did the council change in between, and maybe the new Council has more questions for the owner that the old, so I think it was just to simplify? If you have a violation, you're showing up for both licenses, but thank.

A

You city manager, Mick.

K

Thank you, mayor I was just going to comment that um I I think what I'm hearing from the council is. One time is appropriate, so we need to work internally to just refine our process to reflect what uh what you all are saying in that.

A

Thank you very much any further comments. Hearing none the motion is to renew the license. All those in favor, please say aye aye, any opposed, say, nay, motion, carries item e is an approval of the special assessment role for weed cutting finance officer, Bob zine.

C

A

C

This is not medical marijuana. This is not. This is something totally different So within to the ordinance. We have that if we have to go out and you've been given notice that we went out and took care of your lawn, we do invoice you for that and then aft at the end of the season. Essentially, if you have not paid that invoice, you are given a notice, a letter and information about this public hearing before you and after this once the council approves this.

C

This will actually be sent to the county and will end up on the property tax roll. So if there's any further questions, I can try to answer them.

A

Thank you very much. I will open a public hearing. Is there anyone who would like to testify on this item?

A

I will close the public hearing open it up for Council action? Do we have a motion to approve the assessment motion made by councilman Tupper, second about councilman Shetty, any conversation on this councilman Tupper.

J

I'll address city manager, Mac, and maybe then she she has to send it another Direction. How do we come up with the amount I mean? Is there a set amount set by the hour or.

K

The the council passes a fee resolution annually and that's how it's set I think uh we typically look at life-size communities and do some research on on who's charging. What, but you have an opportunity to review that annually and determine if, if those fees are appropriate or not, maybe.

J

This mayor Kristen, is any of these repeat times that we've gone out to any of these places.

C

Yeah so, like you charge it's around 100.

C

Dollar that and then the 110 is they've gotten a finance charge, essentially on that. um So some of these that are equally over they've definitely been a multiple times that we've went out during the season to cut their lawn.

J

Follow-Up follow-up: is there anything we can do to enforce it? A little bit more I mean our people got better things to do than go out and hold some of these lawn, probably six times.

C

So I will say that um I do think with our new code enforcement officer. A lot of progress is being made in that um some of these I think are actually repeat: Property Owners, so I don't really know if it's necessarily that there are new people that aren't taking care of their lawn, but I will have to say that I do know that the Code Enforcement Officers made contact with a lot of property owners and they've went ahead and got it taken care of without the city having to do it. So thank.

A

You yep thank you, councilman councilman, Danforth,.

D

um Probably for either Amanda or Kristen, but do do we contract that out and get somebody there, or do we physically do that with City staff and equipment.

C

Okay, um the street department is actually the department- that's responsible for this, so they normally take two employees and then one piece of equipment and and go ahead and take care of these Lawns. So.

D

Do we keep track of you know? Obviously, you've got repeat offenders for lack of better terms for this year, but do we keep track from year to year to know that? Well, this is the same list that or at least some of these that we would have had on last year. We.

C

Can always track it because you know the assessment rule stays within the finance records, so I, don't think we've ever collectively put together, but I mean I can by looking just over the years, have been able to pick up that some of them are repeat.

D

Well, the reason why I say that is is if I'm consciously not meeting my obligation and I'm just putting the burden back on you, meaning us, and we do that repeatedly year after year. It just seems like at some point and I think maybe Mr Tupper was going that direction at some point in time. We need to increase our chart. We don't want to be doing this. We've got better things to do with our people and our resources than the most Summer's yard.

D

um I think we got to take a look at at least to know if there are repeat offenders that maybe it's like anything else, maybe the maybe the the charge goes up higher the second time or the third time, because if it's not painful, if it's apparently, if it's acceptable, then we're their lawn care service and I, don't think that's appropriate for our resources and.

C

To that blow up, I think it was two years ago I think we were only around the 50 and now it is up to a hundred, but there's always that opportunity when the fee resolution comes before the council. If you would like to see something where it's a first violation, second violation I mean that's always easy for us to do and maintain that record. So.

A

Councilman vilhauer.

F

Thanks mayor uh just a comment: I mean we've had this conversation since I'm on the council multiple times and I mean I agree too. We got we got to make it hurt if we have a repeat offender so next time. This comes up again remind us of this that you know, let's, let's put some a little more sting into it. If we have these same people violating it year after year, uh you're right, we don't want to be their lawn care service, councilman, Paulson,.

L

Good mayor, yeah, I think increasing like a kind of a sliding scale. The first defense is at a hundred dollars an hour, and then it goes up from there um is appropriate, but also I mean this goes on their tax roll for 10 years, so I mean it's, never gonna hurt them really I mean it's being spread out over 10 years and you're paying 11 a year. No.

A

Finance officer.

C

Just a point of clarification with the weed assessments, so a special assessment is the 10 years at the 10. The weed assessment will be due the following year for payment in full, okay, yep.

A

That's different.

C

A

J

Think, especially now that we've got a good code enforcement system, is there any city ordinance I mean other than charging them an assessment to go? Do it? Is there any way to go out and write them a ticket, something that they have to pay up front? Is there?

J

Is it used very much or.

A

M

Please so just uh clarify a little bit uh just the other day we talked about this in-house and since Terry started doing uh code enforcement, he has had zero Lawns that he has had to pay the city to mow, so we've been making steps in the right direction um as a city in that regard, Terry's done a fantastic job with that, so I think you're going to see a difference next year. With that he's contacted a lot of the same people that we dealt with year after year.

M

There is a citation that that can be written in ordinance as well that Terry hasn't written yet because he uses that as a bargaining chip right mow your yard, the ticket. You know we can make that go away. So we've done good things. So just maybe revisit this next year and I think you'll see a quite a difference. I.

J

I agree with you: 100 I know he's doing an excellent job and yeah I'm not saying just go and write everybody a ticket. But if you think that's you know a good bargaining tool and it's working. That's that's I'm, happy and.

M

We are tracking it now, so Terry starts a call every time he deals with a property owner that hasn't mowed I, see him every day when I go into our CAD system. So Kristen doesn't need to track that if you ever have a question of somebody have we dealt with them for overgoing grass or offensive matter, or anything like that. We have that internally now and can provide that if needed, you.

J

Know what the offense is or what the fine would be if they, if it gets.

M

To that I've written one in 20 years, so I couldn't tell you Mr Tupper.

J

And maybe that's something we need to look at well, first off: let's: let's hope that it resolves itself with the new code enforcement officer and if it doesn't, then we need to look at that fine schedule and see if we need to change that. So thank.

A

You city manager, Mack.

K

A comment that it's it's not only worth looking at schedule. It probably worth sourcing that service, because.

E

K

Will always have people that we have to take care of whether it's 10, Properties or two or or 25, and it's probably a better use of our time to contract and pass that fee off onto the property owner who doesn't uh Mulder, lawn or clean their snow or whatever than to have um two of our street division people and our equipment out there doing it so that, if we're looking to make some immediate changes, that'd be the first thing. I'd look at.

A

I would definitely agree with that. I was going to mention that that I'm sure we can find some kids, who would do it and uh sorry City attorney carico.

E

Thank you mayor right now. If you take the violation further into court, it's uh Max, Fine of 200 or 30 days in jail.

A

K

A

Is there any will on the council to go forward with a let's say, an escalating fine on repeat offenders.

A

Okay, all right just.

A

All right, thank you very much. Council. uh Any other comments, questions all right. The motion is to approve the assessment. All those in favor, please say aye opposed, say, nay, motion carries we're on to Old business, any old business, any.

E

A

Business any liaison member reports, any announcements, city manager, Mack thank.

K

You mayor I, have two announcements: um first, a reminder that we will conduct our budget hearing on Monday October 24th this coming Monday starting at 3, P.M um and then councilman, vilhauer and I attended a Ukraine Refugee meeting held at Lake Area Tech this afternoon and just a key takeaway.

K

um The the state of South Dakota is, is looking to work with federal government and to assist ukrainians who may be moving into the United States fleeing fleeing war and largely looking to help meet ongoing Workforce needs. There are about 24 000, open positions in South, Dakota right now and 500 people on unemployment. So clearly we have a need for workers. This may be a way to help transition. People who, who are are fleeing terrible circumstances, uh but the key takeaway is.

K

They are looking for individuals to serve as sponsors for those families or looking to support those sponsor families. So, if you're interested in more information or becoming more involved, you can contact Mike, cartney, directly, Joy Nelson, Hugh, Bartles or sister Barb. They are all kind of spearheading this. These efforts for our area. So thank you, mayor.

A

L

Paulson, thank you. I just want to say, thanks to all the hunters that have been in the area, I uh got the pleasure to meet a group from Wisconsin last night.

L

A big group very excited to be in the area that come here every year um and they said that the numbers look to be outstanding, um based on what they've seen previous and then this year. So um for as much as it pains me to thank Wisconsin as a Vikings fan, Nebraska fan and a fighting two Alum um I, those that group was great and um they're, not the only ones so I just it was a great weekend.

A

Thank you any other announcements.

A

City manager, Mick, I'm, I'm, sorry, I,.

K

Know I announced this uh on Wednesday, but we were not broadcasting but Dusty. Our new park and rec director today was his first day. I. Think we've worn him out, but not to the point where he's running away screaming so welcome and we're glad to have him on on board and no he's gonna do some really great things for our park and rec department.

A

Thank you very much. Councilman um chair would just like to acknowledge speaking of hunting, the convention and Visitors Bureau for doing rooster. Rush. Thank you for doing that in our community welcoming Hunters any other announcements hearing, none I'll close that we have no reason to go into executive session tonight. So with that, the chair will entertain a motion to adjourn made by councilman Tupper seconded by councilman Bueller any discussion on that hearing. None. The motion is to adjourn all those in favor. Please say: aye aye India motion carries.