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CHAMBERLAIN CITY COMMISSION?July 1, 2019The Chamberlain City Commission held their first regular meeting on July 1, at 6:00 PM.Present: Mayor Chad Mutziger, Commissioners Claussen, Ruhlman, Soulek and Thomas, City Engineer Greg Powell and Finance Officer Nicky Gaulke and Police Chief Jason Handel.Absent: None.Pledge of Allegiance Adopt AgendaMotion by Ruhlman second by Soulek, all ayes and approved the agenda. Conflict of InterestNo conflicts of interest were noted.?MinutesMotion by Thomas second by Ruhlman, all ayes and approved the minutes from the last regular meeting.Public CommentsThe floor was opened for public comments with none being received. Bills?Motion by Claussen second by Soulek, all ayes, approved to pay the following bills: American Family Life Assur Co $199.20 Salaries; Opperman $7,304.55 Supplies; City Of Chamberlain Cafeteria $200 Salaries; SD Supplemental Retirement Plan $380 Salaries; SD Retirement System $10,681.28 Salaries; Standard Insurance Co $160.36 Insurance; Adams Agency, Inc $12,596.14 Insurance; Degen Stump Removal $400 Signs; Chamberlain Chamber Of Commerce $3,200 Chamber Of Commerce; First Dakota $4.50 Prof Serv;?First Dakota $14,908.07 Interest; Lake Francis Case Development $4,250 LFCDC; Lamie, Kimberly $440 Prof Serv; Wellmark $15,537.73 Salaries. Crisis Center RaffleMotion by Ruhlman second by Thomas, all ayes and approved a raffle for the Crisis Center with a drawing being held on July 4th.Certification – Clayton WaughMotion by Soulek second by Thomas, all ayes and approved to give Clayton Waugh a $500 raise for successfully completing his Class II Wastewater Collection certification.Inflatable RunPowell reported that the inflatable run has been cancelled as we did not have enough people signing up. We are not getting enough people to pre-register for these runs and if we don’t get enough interest prior to the races, we will have to continue to cancel.Budget RequestsBudget requests will be scheduled at the regular meeting on August 5th. Council will be given their first draft at the next meeting on July 15.Chamberlain Golf CoursePowell reported that a bridge has been purchased for the golf course. It is a 60 foot truss bridge located in Lyman County. The bridge does have some damage that needs to be fixed once we get it here. Rod Reuer asked if someone has measured how high the bridge is and Powell stated that he had not. Mayor Mutziger stated that there has been some concern about whether or not we were going to find a bridge and wanted to reassure everyone that we have been working very hard on this. Powell said that Curt Hieb found one on craigslist and Powell worked on it for about a week and had it all lined up and then found out it was too short. The woman that listed it for sale had made a mistake on the length.Then Powell was working on using a railcar as a bridge. They are strong enough to carry regular truck traffic and are now being converted into bridges. Powell spoke with a gentleman from Iowa that has built 23 bridges out of railway cars. Powell found one in Brandon, but it weighed too much to travel this far. Todd Orth also got some costs on I-beams, but they were not structurally adequate. Dave Schelle found the one that we did end up getting.Powell noted that in order to deck the bridge, we have to buy small I-beams and space them every 2’ or less and then we will lay the deck. Powell stated that on this bridge, the center I-beam is rolled under, so he is not sure how that will affect it. There have been a number of people trying to find ways, but we have to make sure it is structurally sound. It will not happen fast, it is going to take a few weeks to repair it and deck it. Public Hearing – Variance RequestMotion by Soulek second by Thomas, all ayes and approved to open the public hearing at 6:15 PM for a variance request from Brenda Burull on the side setback requirements at 720 Van Antwerp Ave to construct a garage within 0’ of the side property line.Burull would like to build a garage on the south side of the house and is asking for a zero foot side setback to construct a garage. The current requirement is 6’ side setback in residentially zoned. Planning and Zoning board recommended disapproval of the variance request.Notice was sent to property owners within 250 feet, a sign was posted and notice was published in the paper.Brenda has lived there 35 years and never had a garage. She would like a garage as she is getting older. She would also like to block the view. Commissioner Claussen asked if the neighbors were ok with it? Powell stated that he had not been contacted by the neighbors. Commissioner Thomas asked the size of the garage and Brenda reported 14x26 or possibly longer.Claussen stated that you don’t usually go much smaller than that for width.Mayor Mutziger stated that there was a gentleman’s garage that burned down a few years ago and we did not allow him to rebuild because it did not make the missioner Claussen stated that we talked about Hickeys putting a fence up to block that view. Powell stated that Burull didn’t want the fence. Commissioner Thomas asked how far the lilacs are onto Hickey’s land. Burull indicated that Hickey would have to remove the lilacs to build a fence. Commissioner Thomas asked if the house was initially built too close to the road and it got moved back. Burull indicated that was true.Powell was asked about a 0’ setback and if any variances had ever been approved for such a setback and he indicated none were ever approved. Burull indicated she would appreciate it if the Council would do it this time. Hickeys will never do anything with the property and the old house is still on that lot.Mayor Mutziger indicated if you let one, you set the precedence. We have never approved a zero-foot setbackCommissioner Claussen indicated he didn’t see an issue since it sits next to a commercial missioner Ruhlman indicated she understood why Burull wants it to block the view but it still is a precedence. It’s still residentially zoned and we could have to deal with others like this in the future. Mayor Mutziger asked for comments three times. With no further discussion, motion by Ruhlman second by Soulek, all ayes and approved to close the hearing at 6:32 PM.Powell went through the various considerations the ordinance requires for a variance to be granted.Mayor Mutziger indicated that everyone we deal with is a different situation. His fear is that if we allow a zero setback we are opening Pandora’s Box? Have we been negligent in not enforcing the nuisances, or the construction of the fence? If so, we can enforce that. Mayor Mutziger indicated that the fence should be constructed and the other house should be taken down this year. Mayor Mutziger indicated that he learned from Gene Dominiack that if we do this we may not be able to stop doing it.We have told a lot of people no in the past. Mayor Mutziger indicated he didn’t disagree with what Brenda is trying to missioner Claussen asked how Burull would maintain that side of the building if you can’t access the side of the garage since you have no property? Would it be trespassing if you did go over there? Powell answered that it would missioner Soulek indicated that he sees this as a special circumstance.Motion by Soulek motion to approve the variance with the zero feet side setback, second by Claussen, all other ayes, Mayor Mutziger nay, motion carried.Storm Sewer - South Main StreetCraig Collier with West River Contracting from Kadoka will be here tomorrow to start working on the project.Inlets on the east side of Main will be rerouted so they don’t go back towards Merrill. The City is attempting to slip an 18 inch pipe through the existing pipe under S. Main. If we are unable to do that, we will have to bore it.FEMA – Powell and Finance Officer Nicky Gaulke met with FEMA and a representative from Emergency Management last week to review the flood damages. We have to be careful how much we spend because we have no idea how much or if we will get any emergency FEMA funds The Country Club received a donation from an individual for the bridge. The flood event in May has not been declared a disaster. Once the Governor requests a disaster it will then be turned over to the President. Engineer ReportThe City went down with a broom and cleaned roads and camping pads on Friday. We have begun pulling bags and blocks over here and by the Smoking Mule. Thomas asked if there will be anyone in the campground by the 4th of July? Mutziger stated that they told him they plan on opening August 1st. Powell indicated he is working on power to the shower house. Mayor Mutziger stated that Powell had it lined up last week and members of the campground told the electricians to leave. Mayor Mutziger indicated that this is similar to the bridge, we are working on it, but it just doesn’t happen overnight.Powell indicated that the controls on the fish cleaning station are not working. It will not shut off. A new control box has been missioner Claussen asked about grants for a fish cleaning station. Commissioner Thomas stated that he wants to note this $1,700 to pay for that fish cleaning station so it that people know how much of our funds do go back into the parks.Powell reported that the employees are trying to accommodate River City Friday nights, bleachers for the July 4, and the demolition derby scheduled for July 6th.. There is an elected officials workshop in Pierre next week. Mayor Mutziger has attended this workshop in the past, and stated that it is a good workshop if anyone is interested in attending.Police ReportChief Handel presented the police report and thanked those that could attend the Hope Court presentation. He believes it will be a good program. It goes into effect on August 1st . Handel has hired Hickeys to pour the concrete pad for the K9. Handel reported that the City fireworks ordinance allows fireworks to be shot from June 27th to the Sunday following the 4th from 10am to 10pm. .Executive Session – Contract Negotiation - Legal MatterMotion by Thomas second by Soulek, all ayes and approved to enter an executive session at 7:05 PM for contract negotiation and a legal matter. Motion by Soulek second by Thomas, al ayes and approved to exit executive session at PM.Motion by Soulek second by Claussen, all ayes and denied the request from American Creek Campground to waive the lease fee for the year 2019 and to follow the lease terms, to deny the request to reimburse for gas for the pumps, and to deny reimbursement for the cable television headworks installation. AdjournMotion by Ruhlman second by Claussen, all ayes and approved to adjourn at 7:26 PM. ?_____________________________________Chad Mutziger, Mayor?Attest:SEAL_____________________________________Nicky Gaulke, Finance OfficerPublished once at the total approximate cost of __________. ................
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