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A New Term Begins and a Revised Sidewalk Policy

Posted: Tuesday, May 13th, 2014

Carleen Wild

Enterprise staff

"I ran because a few people suggested I should and I think everybody ought to be involved in their community if they can,” said local attorney Bob Pesall.

“I'm looking forward to it, I don't foresee any big changes but there are a lot of little improvements that could make this community more inviting ... a sidewalk repair there, a speed limit sign there, little things," said the newly elected Flandreau City Council member. 

Pesall was sworn in as a new City Alderman last week along with the re-instatement of Alderman’s Brad Bjerke and Alderman Ron Smith. The board then voted in Dan Sutton as the Council President, Ron Smith as the Council Vice President, Tammy Pitsenberger as the City Finance Officer, Bruning & Lewis Law Firm attorney Paul Lewis as the City Attorney, the Moody County Enterprise as the official newspaper and First National Bank of Flandreau as the official depository.

The board also appointed Alderman Ellen Bergman as the Council Liaison to the Planning and Zoning Commission. Bergman will also serve as Alderman of Ward 1 until Alderman Bart Sample returns from active duty or until his term expires.

Also heard at the council meeting...

...The City Administrator shared a 30-day notice he received from Michael Prins terminating the Animal Control Agreement between the City and Flandreau Veterinary Clinic. Chief Morey will explore other options and they will be discussed at the next meeting.

... Problems at the Community Center have been addressed as follows: additional electric outlets were installed and some electrical overload problems were corrected in the kitchen, the exhaust hood was repaired, a towel service will be hired to clean and replace the kitchen towels as needed, and hooks were installed on the bathroom doors in the ladies restroom.

... Establishing a consistent policy for city sidewalks continues to be a topic of discussion. The First Reading of Ordinance 562, which amends the existing Title 8 streets, sidewalks, curb, gutter, driveways and public places was conducted. It reads as follows:

Chapter 8.3. Sidewalks.

Section 8.3.1. Authority.

Article Responsibility for Maintenance. Owners of lots fronting or abutting sidewalks within the City of Flandreau shall be liable for maintenance of the sidewalk in the form of sweeping, snow removal, ice removal, and removal of any and all obstructions and implements that may result in injury to the public. At no time shall the City be liable for those injuries arising out of the duties owed to the public by the owners of lots adjoining such sidewalk, particularly including all trips and falls occurring upon the sidewalk.

Article Notice of Construction or Repair. As authorized by SDCL 9-46-3, if the City Council deems it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots fronting or abutting such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated by the Council.

Article City may Construct, Rebuild, or Repair Sidewalk. If the owner of the lots fronting or abutting the sidewalk to be constructed, rebuilt, or repaired fails to comply within the time specified by the City Council, the Council may, by resolution, cause the work to be done, with the costs assessed against the lots fronting or abutting upon the sidewalk that was constructed, rebuilt, or repaired.

Article Appeal. Prior to applying the assessment upon the lots fronting or abutting the constructed, rebuilt, or repaired sidewalk, the Council shall establish a time and place for a public hearing on the same, and all lot owners impacted by the proposed assessment shall be afforded an opportunity to appeal the application of the assessment at the hearing.

There will be a second reading at the next City Council meeting.

And how is this for reassurance summer is around the corner...

... wages for the 2014 Aquatic Center seasonal hires were approved! Summer is on the way.

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