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The regular meeting of the City of Scotland was called to order by Mayor Randy Thum at 5:00pm on Monday, January 13, 2025. The following council members answered to roll call Randy Abbink, Wayne Bertrand, Tim Asche, Dennis Bietz, Victor Settje (5:02) and Myles Runyon (5:04). Others present were Tanya Bult, Maggie Spak, Domm Pechous, Tim Trautmann and Peggy Schelske.
A motion was made by Abbink, second by Bietz to approve the amended agenda. All voted in favor. Motion carried.
A motion was made by Bertrand, second by Asche to approve the minutes of last month’s regular and end of year meeting. All voted in favor. Motion carried.
A motion was made by Bietz, second by Abbink to approve the bills. All voted in favor. Motion carried.
City Bills Presented:
AFLAC Employee Insurance $232.02
AMAZON CAPITAL SERVICES Supplies: Library $20.30
B-Y WATER DISTRICT 5,966,000 Gallons $20,998.00
BLACKBURN & STEVENS, PROF Code Enforcement Attorney $2,185.35
CENTRAL FARMERS COOP Streets: Diesel $144.15
CHASE PEST SERVICE Pest Control $120.00
CITY EMPLOYEE WAGES Finance Officer $4,929.68
CITY EMPLOYEE WAGES Library $740.19
CITY EMPLOYEE WAGES Police/Code Enforcement $3,542.77
CITY EMPLOYEE WAGES Streets $4,187.80
CITY EMPLOYEE WAGES Water $2,982.33
CITY OF SCOTLAND City Water/ Sewer Bills $108.00
CITY OF SCOTLAND Water Deposit: Konstanz, Overweg $129.99
COLONIAL LIFE Employee Insurance $62.22
DAKOTA DATA SHRED Equipment Rental $19.33
DELTA DENTAL Employee Dental Insurance $226.00
GOLDEN WEST COMMUNICATIONS Phone, Internet, Fax $521.45
IRS Employee Withholding $4,772.62
JASON KONSTANZ Water Deposit Refund $85.56
JENNIFER HERMAN Water Deposit Refund $100.00
KATELYN OVERWEG Water Deposit Refund $84.45
MAIN STOP Gasoline: Police, Streets $211.51
MYERS SANITATION Residential Garbage - December $6,670.61
NORTHWESTERN ENERGY Electricity, Natural Gas $5,154.25
PITNEY BOWES LLC Postage Machine Lease $163.83
P&D DISTRICT III 2025 Membership Dues $1,691.00
SCOTLAND HARDWARE Supplies: Police, Shop, Streets, Water $206.54
SCOTLAND JOURNAL Legals, Notices, Ads $267.90
SCOTLAND OIL COMPANY Police - Gasoline, Ambulance - Diesel $247.39
SCOTTIE STOP Gasoline: Streets $76.00
SD CODE ENFORCEMENT ASSOC 2025 Membership Dues $75.00
SD DEPT OF HEALTH Samples: Sewer, Water $64.00
SD FINANCE OFFICER ASSOC 2025 Membership Dues $40.00
SD HUMAN RESOURCE ASSOC 2025 Membership Dues $25.00
SD ONE CALL Line Locates $2.24
SD POLICE CHIEF'S ASSOC 2025 Membership Dues $200.00
SD RETIREMENT Employee Retirement $2,383.86
SD STREETS MAINTENANCE ASSOC 2025 Membership Dues $35.00
TANYA BULT Reimburse: Green G, 4, 9 $80.88
TRANSOURCE TRUCK & EQUIPMENT Edges, Screws, Lock Nuts $1,822.48
US BANK TRUST Loans $13,315.13
VERIZON Broadband: Police, Meters, Water $120.03
VISION SERVICE PLAN Employee Vision Insurance $36.24
WELLMARK BLUECROSS BLUESHIELD Employee Health Insurance $2,528.12
Ambulance Bills Presented:
AMBULANCE WAGES On Call / Trips $845.96
IRS Employee Withholding $142.28
JIM MARUSKA Reimburse: Accu-Check $14.85
SCOTLAND HARDWARE Diesel Exhaust Fluid Blue $17.99
SCOTLAND JOURNAL EMT Class Ad $63.84
SCOTLAND OIL COMPANY Oil Change $235.87
Finance Officer Report - Martin Luther King Day will be observed on Monday, January 20, 2025.
Library Report - Proposed budget cuts to the South Dakota State Library threaten critical resources and services to our communities. Please continue to contact your state legislators and let them know how our community needs and relies on services from the state library.
Chief of Police Report - December calls for service: traffic stops (12), agency assist (1), funeral service (2), welfare check (2), other (2), warrant service (1). City ordinance enforcement: parking tickets (1), animal control (5).
City Maintenance Report - Hydraulic World can’t find material to repair the road grader part, Tim passed his Water Distribution class, Tree pile has been burned, Metal pile was picked up the end of December.
Council Concerns/Committee Reports:
Abbink - None
Bertrand - None
Settje - None
Asche - Status of the old police truck.
Bietz - None
Traffic Regulations - A motion was made by Bietz, second by Bertrand to pass and approve the second reading of the traffic regulations, moving and non-moving traffic ordinance. All voted in favor. Motion carried.
Title VI TRAFFIC REGULATIONS, MOVING AND NON-MOVING TRAFFIC
Chapter 6.01 General Regulations
6.0101 Speed Limits
It is unlawful for any person to drive a vehicle upon any public street or thoroughfare at a speed greater than 20 miles per hour unless otherwise posted.
6.0102 Stop Signs, Traffic Signs
It is unlawful for any person to disobey any traffic sign or posting where such sign or posting is placed by the authority of the Chief of Police. It is expressly provided hereby that the Chief of Police shall be empowered to post traffic signs or postings as are necessary for the conduct of safe traffic upon the streets and thoroughfares of the City of Scotland. The duration or permanency of such posting shall be subject to the discretion of the City Council, once the posting is so made by the Chief of Police under this authority.
6.0103 Mufflers
It is unlawful for any person to drive a motor vehicle on a street or thoroughfare unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise. No person may use a muffler cut-out on any motor vehicle upon a street or thoroughfare.
6.0104 Use of Engine Compression Brakes
It is unlawful to use engine compression brakes in the city.
6.0199 Penalties
Violations of Chapter 6.01 shall be a misdemeanor and upon adjudication of guilt the driver of any vehicle violating this ordinance shall be fined up to one hundred twenty-five dollars ($125.00) per occurrence.
Chapter 6.02 Parking of Vehicles
6.0201 Parking of Vehicles
(A) General Parking
It is be unlawful for the operator of any vehicle to stop, stand or park a vehicle in any of the following places or manners, except when to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal:
1: within an intersection;
2: on a crosswalk;
3: outside the first line of cars parked to the curb, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;
4: within ten (10) feet of the intersection of curb lines;
5: within fifteen (15) feet of the driveway entrance to the fire station;
6: within ten (10) feet of a fire hydrant;
7: in front of a private driveway, except where such private driveway is on Main Street, between the intersection of Main Street and First Street and Main Street and Second Street;
8: on a curb;
9: on or obstructing a sidewalk;
10: alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct moving traffic;
11: to park in any place where the Chief of Police has by his/her authority under this title caused regulations against such parking to be posted;
12: other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, except where the street is marked or signed for angle parking; or
13: occupying or blocking any part of more than a single marked parking space
(B) Disabled Parking
It is unlawful for the owner or operator of any vehicle not displaying a serial number certificate or special license plate to park or stop in a parking space, or block a parking space, on public or private property designated as reserved for a person with a physical disability.
(C) Illegal Parking
It is unlawful for the driver of any vehicle to turn a vehicle as to park the vehicle on the opposite side of the street from the direction of travel.
6.0299 Penalties
(A) Any registered owner or operator of a vehicle parked in violation of Chapter 6.0201(A) or 6.0201 (C), is guilty of a misdemeanor and upon conviction shall be fined in accordance with the following schedule:
First Offense: $65
Second Offense: $85
Third Offense and above: $125
(B) Any person convicted of violating 6.0201(B) Disabled Parking shall be fined in accordance with the following schedule:
First Offense: $150 – Issued under City Ordinance
Second Offense: State Citation under 32-30-11.4 – Court Required
Chapter 6.03 Off Road Vehicles and Golf Carts
Definitions
Off-road vehicle: Any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes all terrain vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin or manufacturer's certificate of origin states that the vehicle is not for highway use.
Golf Cart: A four-wheeled vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.
6.0301 Off-road Vehicle
The City of Scotland hereby permits the use of Off-Road Vehicles on the municipal streets of the City of Scotland, subject to the following:
(A)Any Off-road vehicle that is to be driven on the streets of this city will be licensed, insured, and equipped with working headlights and taillights.
(B)Any operator of an off-road vehicle that is to be driven on the streets of this city must hold a valid driver’s license.
(C)The operator of an off-road vehicle is required to obey the same traffic laws of the state and ordinances of the city, including street and road signs, as the operators of all other motorized vehicles are required to obey.
The operator of any off-road vehicle shall be subject to a penalty, state or city, as provided Chapter 6.03 of the Ordinances of the City of Scotland, South Dakota, for a violation of this Section.
6.0302 Golf Carts General
The City of Scotland hereby permits the use of golf carts on the municipal streets of the City of Scotland, subject to the following:
1. The golf cart shall be insured.
2. The person operating the golf cart shall hold a valid driver’s license.
3. The operator and all occupants of a golf cart shall be seated at all times.
4. Golf carts will not be allowed to be operated or parked on the sidewalks of the city.
6.0303 Operation of Golf Carts
1. Golf carts in compliance with South Dakota State Codified Laws may operate on the municipal streets of the City of Scotland from one-half hour before sunrise to one-half hour after sunset. The operation of a golf cart is from one-half hour after sunset until one-half hour before sunrise unless the golf cart is equipped with operating headlights and taillights.
2. No person may operate a golf cart on a state or county highway except for crossing from one side of the highway to the other. A golf cart may cross the highway at a right angle, but only after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach per SDCL 32-14-15.
3. The operator of a golf cart is required to obey the same traffic laws of the state and ordinances of the city, including street and road signs, as the operators of all other motorized vehicles are required to obey.
The operator of any golf cart shall be subject to a penalty, as provided Chapter 6.03 of the Ordinances of the City of Scotland, South Dakota for a violation of this Section.
6.0399 Penalties
Any registered owner or operator of an Off-road vehicle or Golf Cart as defined in Chapter 6.03, municipal violations of the provisions listed in this Chapter is guilty of a misdemeanor and upon conviction shall be fined in accordance with the following schedule:
Off-road Vehicles (Municipal Operation Violation): Each Offense: $65
Golf Carts and Mopeds: Each Offense: $45
Chapter 6.04 Bicycles
6.0401 General
The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of this chapter.
6.0402 Applicability
The regulations of this chapter are applicable to bicycles and shall apply whenever a bicycle is operated upon any street or thoroughfare in the City of Scotland.
6.0403 Lamps and Reflectors
Every bicycle, when in use at night, shall be equipped with a lamp on the front exhibiting a headlight visible from a distance of at least 100 feet in front and with a lamp on the rear exhibiting a light visible from a distance of 100 feet to the rear, except than an approved red reflector meeting the minimum requirements of the State Uniform Highway Traffic Act may be used in lieu thereof.
6.0404 Brakes
Every bicycle shall be equipped with a brake that will enable the operator thereof to make the braked wheel skid on dry, level or clear roadway.
6.0405 Traffic Regulations
Every person operating a bicycle within the City of Scotland shall be subject to the traffic regulations of the City applicable to the driver of a vehicle, except as to those which by their nature can have no application.
6.0406 Clinging to Vehicles
No person riding upon any bicycle shall attach the same or himself to any vehicle moving upon a street or thoroughfare in the City of Scotland.
6.0407 Parking
No person shall leave bicycles left upon any street or sidewalk that would obstruct pedestrian traffic.
6.0499 Penalties
Any owner or operator of a bicycle in violation of the provisions of this chapter if 18 or older, upon conviction shall be fined in accordance with the following schedule:
First Offense: Warning
Second Offense: $15
Third Offense and above: $25
If the owner or operator of the bicycle is under 18 years of age, the parent of the child or guardian of any ward will be notified. After notification and violations of this chapter continue, they shall be fined in accordance with the following schedule:
First Offense: Warning
Second Offense: $15
Third Offense and above: $25
Chapter 6.05 Truck Route
6.0501 Designated Truck Route
The following streets are designated Truck Route Streets.
(a) 4th Street (Highway 25) from the north city limits to the south city limits.
(b) Washington Street between 4th Street and the west city limits
(c) Curry Street between Washington Street and Main Street
(d) Railway Street between Main Street and Dollard Street
(e) Dollard Street between 4th Street and Railway Street.
6.0502 Vehicles Required to Utilize Truck Route
All vehicles with a gross vehicle weight (GVW) of 20,000 lbs. or more must use the designated truck route and it shall be unlawful for any said vehicle to be driven or parked upon any other public street or alleyway within the City limits of Scotland, South Dakota, other than those designated as part of the truck route established herein. Vehicles making truck cargo deliveries to Scotland businesses or residences may leave the designated truck routes for purposes of making deliveries or pickups, and shall leave and enter truck routes by the shortest possible route. School Buses are exempt.
All freight and stock trucks shall be parked in the City, only at such places as have been marked and designated by the Chief of Police for such parking, and shall in any case be parked parallel with the curb; provided however that this section shall not apply to light delivery trucks delivering goods from house to house and place to place.
6.0599 Penalties
Violations of 6.04 shall be a misdemeanor and upon adjudication of guilt the driver of any vehicles violating this ordinance shall be fined up to one hundred dollars ($100) per occurrence.
Chapter 6.06 Snowmobiles
6.0601 Definitions
(a) Operator: A person who operates or is in actual control of a snowmobile.
(b) Owner: Any person, other than a lienholder, having a property right in or title to a snowmobile and entitled to the use or possession thereof.
(c) Snowmobile: Any engine-driven vehicle of a type which utilizes sled-type runners, wheels, or skis, with an endless belt tread or similar means of contact with the surface upon which it is operated.
6.0602 Operation on Public Ways Generally
(a) No person shall operate a snowmobile on the portion of any right-of-way on any City street for motor vehicle travel, except the most right-hand lane which is used for vehicular traffic in the same direction other than on expressways or state highways. While operating on the most right-hand lane, at no time shall snowmobiles be operated two (2) more abreast. Snowmobiles may operate in the road ditch where expressways or state highways are so configured within corporate limits.
(b) No person shall operate a snowmobile on any public sidewalk provided for pedestrian travel.
(c) Travel is permitted on alleys when traveling from place of storage to the nearest street.
6.0603 Operation on Private Property
No person shall operate a snowmobile on private property of another without the express permission to do so by the owner of said property.
6.0604 Operation in Recreational Areas
No person shall operate a snowmobile on public school grounds, park property, playgrounds, slide areas, recreational areas and skating rinks without the express permission to do so by the proper authority.
6.0605 Yielding Right-of-Way
At any street intersection not controlled by traffic sign, a snowmobile shall yield right-of-way to all other motor vehicles.
6.0606 Hours of Operation
It is unlawful for any person to operate a snowmobile between the hours of 10:00 P.M. and 6:00 A.M. of the following day, except that a driver may drive during this restricted time when he is coming into town to his residence or place of storage.
6.0699 Penalties
Any person violating any provision of Chapter 6.06, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in accordance with the following schedule:
First Offense: $100
Second Offense: $150
Third Offense: $250
Fourth and subsequent offenses: $500
Chapter 6.07 Snow Removal – Snow Parking Regulations
6.0701 Definitions: Snow Removal Alerts
Snow Removal Alert: Such times as there is a snow accumulation on the public streets of two (2) inches or more, or such times as the Mayor, street superintendent or designated representative declares that snow removal operations on the public streets will commence and that the provisions of this chapter in regard to parking restrictions on public streets during snow removal operations are effective and will be enforced.
6.0702 Declaration of Snow Removal Alert
A Snow Removal Alert will occur automatically with the accumulation of two (2) inches of snow on the public streets or when the City representative designated determines that snow removal from the public streets will commence. That person will announce through local news media and whatever other sources are available that a Snow Removal Alert has been declared; that the provisions of this chapter will be effective and be enforced; and designating a particular date and time when such alert shall commence. The determination to declare a Snow Removal Alert will be based on the then existing weather conditions and the amount of snow then on the ground or expected according to forecasts from the national weather service.
6.0703 Parking Prohibited
Any time that two (2) inches or more of snow has accumulated, it shall be unlawful for any person to leave, allow, or let a vehicle, trailer, or other appurtenance to remain parked in the following locations until the snow has been plowed by the state highway department or removed from said street by the City, on both sides of said street, curb to curb:
(a) On the outside parking lanes of both sides of SD Highway 25, a/k/a Fourth Street, within the corporate limits of the City, from Dollard St. on the north end to Williams Street on the south end, upon said highway.
6.0704 Restricted Parking In All Areas Of The City During Snow Removal Alert
(a) It shall be unlawful for any person to stop, stand, park or leave for a period in excess of 8 hours any motor vehicle, trailer, or other appurtenance upon any public street within the City following the declaration of a Snow Removal Alert, until such time as the street has been cleared of snow back to the curb line of the entire block on both sides of the street and snowfall accumulation has ceased. This provision shall not prohibit the parking of vehicles in the core business area listed in section 6.0606 herein. However, the parking prohibition for the core business area shall be established under section 6.0205 of this Chapter.
(b) Nothing in this section shall be construed to modify or change any regulations of the state highway department for state highways included as snow emergency routes or any provisions of Chapter 6.02 regulating parking for any purpose.
6.0705 Limited parking during Snow Removal Alert in core business area
During a Snow Removal Alert, no person shall park or allow to remain parked any vehicle on any public street or avenue within the core business area of the City as that term is defined by Section 6.0206 between the hours of 2:00 a.m. and 7:00 a.m.
6.0706 Designation of core business area
That area of the City of Scotland including and bounded by Poplar Street on the north, Fourth Street on the east, Juniper Street on the south, and Railway Street on the west, and including Main Street west of Fourth Street, is hereby designated as the core business area.
6.0707 Interference with Snow Removal Operations
It shall be unlawful for any person to interfere with the snow removal operations undertaken by the city and its employees.
6.0708 Termination Of Snow Removal Alert
After a Snow Removal Alert has been declared, there will be no declaration of its termination, but such alert shall terminate and the provisions of this Chapter shall no longer become effective nor enforceable as to any particular street or portion of a street, as soon as that street or relevant block thereof has been plowed and cleared of snow accumulation, curb to curb, on both sides of the street, after which normal parking may be resumed until the next declared Snow Removal Alert.
6.0709 Removal of vehicles; Towing
The City may cause to be towed and impounded, any vehicle which is parked upon any public street in violation of any Section of this Chapter any time snow accumulation has reached two (2) inches or more or a Snow Removal Alert has otherwise been declared.
6.0710 Vehicle Removal Records
It shall be the duty of the police department to keep a record of each vehicle removed in accordance with Section 6.0609. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition and the parking violation involved.
6.0711 Notice to owner and recovery
Whenever the city has caused a vehicle to be removed from a street as authorized in Section 6.0609 the City shall send notice of removal by mail to the record title holder. The record title holder may recover a vehicle that has been removed pursuant to this Chapter under the terms and conditions established in Section 6.0612 herein.
6.0712 Recovery of vehicles
No person shall recover any vehicle removed in accordance with Section 6.0609 except as provided herein. Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the police department evidence of his identity and right to possession of said vehicle, shall sign a receipt for its return, shall pay the cost of any fine, removal charges, and storage fees. Until paid, these charges constitute a lien on the vehicle, which may be enforced in the same manner as a garage keeper’s lien in accordance with the provisions of the statute of South Dakota.
6.0799 Penalties
Any person violating any provision of Chapter 6.06, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one hundred Fifty ($150.00) dollars. Each day that any such person shall violate any of the provisions of this ordinance shall constitute a separate offense and be punishable as such.
Chapter 6.9901 Penalties
6.9901 General
Any person violating any provisions of this title, unless otherwise prescribed or failing to comply with any of the provisions thereof, except where otherwise prescribed, shall be guilty of a misdemeanor and upon conviction be punished by a fine not to exceed $200.00.
Wage Schedule - 2025 City Officials/Employee Wage Schedule-As described in SDCL 6-1-10, each municipality must publish a complete list of employee’s salaries with the proceedings of the first meeting of the year. A motion was made by Abbink to accept the below listed wage schedule, second by Asche. All voted in favor. Motion carried. The 2025 salary and wage schedule for the City of Scotland is as follows:
Mayor $600 quarterly, plus $50/meeting/special meeting
Randy Thum
Council $250 quarterly, plus $50/meeting/special meeting
Randy Abbink, Tim Asche, Wayne Bertrand, Dennis Bietz, Myles Runyon, Victor Settje
Finance Officer - Full-time
Tanya Bult * $28.00 per hour
Head Librarian - Part-time
Tanya Bult $13.50 per hour
Library Assistant - Part-time
Tina VanDriel $14.50 per hour
Billie Jo Hays $14.00 per hour
Julia Dangel $13.50 per hour
Maintenance/ Water/ Sewer Operator - Full-time
Tim Trautmann * $24.25 per hour
Maintenance/ Water/ Sewer Operator - Full-time
Dommonick Pechous * $23.50 per hour
Police Officer - Full-time
Maggie Spak * $54,000 Salary, $175 On-Call per Weekend
*Full Time Employees: Health Care, Dental, Vision, Retirement, $50 Cell Phone Reimbursement per Month
City Election - A motion was made by Bertrand, second by Settje to set the 2025 municipal election date for Tuesday, April 8, 2025 from 7am to 7pm. All voted in favor. Motion carried. The following offices will become vacant due to expiration of the present term: Ward I - Tim Asche, Ward II - Myles Runyon, Ward III - Wayne Bertrand, Mayor - Randy Thum. Nominating petitions start January 31st.
City Hall - With the recent rentals and tour of Christmas trees the city has received several complaints about the cleanliness of the city hall. The placement of tables and chairs along with couches, mattresses and benches were the top of discussion. A motion was made by Bietz, second by Runyon to update the tables and chairs upstairs of the city hall spending up to $5,000. All voted in favor. Motion carried.
Work Comp Roster - Volunteers for the Scotland Fire Department and the Scotland Ambulance Service were updated. It is the intent of the Scotland City Council to cover these volunteers for work comp purposes. The rosters are on file at the City Finance Office. A motion was made by Abbink, second by Bietz to approve the Scotland Fire Department and Scotland Ambulance Service rosters and Work Comp coverage for all volunteers listed on the rosters. All voted in favor. Motion carried.
Municipal Government Day - This is being held on a Tuesday and Wednesday which is February 4th and February 5th. Those that can attend are encouraged to do so. The deadline to register is the 27th of January.
Set meeting date for the February Meeting - The meeting will be on Monday, February 10, 2025 at 5pm.
A motion was made by Bertrand, second by Settje to enter into executive session at 5:37pm for Personnel as per SDCL 1-25-2 Sub (1) Evaluations. All voted in favor. Motion carried.
A motion was made by Bietz, second by Runyon to come out of executive session at 5:47pm with no action taken. All voted in favor. Motion carried.
With no further business to discuss a motion was made by Settje, second by Bertrand to adjourn the meeting at 5:48pm. All voted in favor. Motion carried.
ATTEST: CITY OF SCOTLAND, SOUTH DAKOTA
______________________________ ______________________________
Tanya Bult, Finance Officer Randy Thum, Mayor