City has first reading of medical cannabis ordinance, looks at noise ordinance implementation

Date:

by Carrie Moritz, Gazette

The Garretson City Council met on June 14 in regular session, and covered several items of business. Two new pieces included a first reading of a temporary medical cannabis permit ordinance and a discussion of a possible noise ordinance.

The meeting began with Ward I council member Bill Hoskins taking his oath of office, which was missed at the May meeting due to a prior commitment.

Committee reports from City Finance Officer Anna Uhl showed that natural gas was up slightly to $0.88, and a pay-off amount had been obtained for an old sewer loan.

The Park Board gave their report, beginning with an update from Campground Manager Bruce Rekstad. Campsite rentals are up significantly again this year, and he has received several positive comments on the improvements made to the park. Park Board member Carrie Moritz stated that landscaping work had been ongoing in the area to the north of the playground, with plans to start seeding native grasses and pollinators within the next few weeks. Council member and Park Board liaison Jodi Gloe expressed her gratefulness to the hard work of City employees for everything they had done in the parks so far this year.

Council member Tom Godbey then gave an update on which sidewalks were to be installed first. In May, Mayor Greg Beaner had appointed Godbey and council member Greg Franka to begin to prioritize sidewalk installation and repair. Godbey stated an intent to begin with the rest of the sidewalk from Main to Highway 11 along Dows on the south side of the street. He and Franka were working on obtaining an estimate and permission to install the sidewalk across the railroad tracks.

Next, City Maintenance Supervisor Craig Nussbaum updated the council on the street construction happening around Garretson, including the truck route. The route, which consists of Railroad Avenue, a portion of Essex Street, and Depot Avenue, has been under construction since last fall. While First Rate Excavate had been slightly ahead of schedule, they were now waiting for asphalt to be laid. They estimated it would begin on Monday, June 21. The asphalt company would also be completing the half block of Lacy Avenue between Leslie and Sarah C Streets and a replacement of the parking lot south of the Legion, which had been removed to replace the sidewalk and a storm drain.

The council then moved on to new business, which included a first reading of a temporary medical cannabis permitting ordinance and a discussion on implementing a new building permit system and a noise ordinance.

First, the council heard a report on proposed Ordinance 665 for building permits and fines. According to Mayor Beaner, the current building permit process was ineffective and incomplete. Building inspector JR Hofer was working on streamlining the process, which would include fines for doing work without obtaining a permit. Hofer and Mayor Beaner requested the council reach out to offer any comments or suggestions on the process.

The medical cannabis ordinance "is what the State has advised, as well as our City Attorney," said City Finance Officer Uhl. It is similar to the ordinance adopted by Minnehaha County and Sioux Falls.

The ordinance states that since current statewide regulations are not known, no permits or licenses will be given for medical cannabis establishments within City limits until more comprehensive zoning, building permits, licensing permits, and amendments are established.

The State of South Dakota has until October 29, 2021 to establish those rules, or the law goes into effect without them, according to the measure that was passed by voters. While the ordinance doesn't state specifically that it expires on that date, it does note that the date is pertinent.

"Everything remains status quo, because it reverts back to federal guidelines," said Uhl.

Because it was a first reading, no actions were taken. The second reading will occur at the July 12 meeting, and if it passes, will go into effect immediately.

Next, the council voted to re-plat land south of 5th Street to the east of the industrial development. This land has been for sale for only a short time, but 2.6 acres is in the process of being purchased by Tim Mader. Another 2.4 acres are being purchased under contract-for-deed. Further plans for the purchased land were not discussed, except to say that it was not being re-zoned.

The council then looked at the possibility of creating a noise ordinance for Garretson. Initial discussions had taken place a few years ago, but no actions were taken at that time. Piecemeal regulations have instead been put into place, such as the ordinance against "Jake Breaking" that intends to keep semi trucks from using their hydraulic systems to slow down upon entry into Garretson along Highway 11.

Drafting a noise ordinance can be difficult due to measurement and enforcement. For instance, the issue was back on the table again due to noise complaints from a resident whose neighbor was mowing their lawn at 5:45 am. The ordinance that Uhl had pulled as an example had 6:00 a.m. as a daily starting limit, which not only wouldn't have impacted the mowing complaint, but it could also impact the ability of residents to accomplish snow removal prior to leaving for work.

Uhl noted that she had chosen this particular ordinance, which was from Sioux Falls, due to how inclusive it was. She also pointed out that it would impact fireworks and the use of ATV's and other loud motor use. She requested the council look over the ordinance and make suggestions and changes.

Next on the agenda was malt beverage license renewals. Earlier in the year, both Garretson Food Center and Palisades Oil had been caught in an underage identification requirement sting, which came with the threat that their license renewals could be denied. However, both businesses had ensured the City that the issues had been rectified, and the council opted to continue their licenses. Renewal also was awarded to Dollar General, O So Good, Treasure Chest, the Legion, Sports Cabin, and Jesse James Country Store. The Gulch Bar & Grill had not applied as they have a different license.

Mayor Beaner then proposed a change in position for Jessica Fueston, who was hired last year as a part-time billing clerk. Fueston, who has been attending college for Human Resources, has been an integral addition to the office staff.

"When it started, I just wanted to see how it would work and how it would help Anna," Mayor Beaner said. He commended her on how well she has done so far. "I think she is the right person for this."

He then recommended to the council that her position be changed to full-time, and to add human resources and economic development duties over the next six months. Uhl noted that she's already been working around 30 hours per week, and the additional cost would only be a difference of $4,200 for the rest of 2021.

After some discussion, the council voted to approve the request, with Fueston starting her full-time hours at the beginning of the next pay period. The rest of the council and members of the audience were also very positive about the work she has done so far.

The council then approved the employee handbook in its entirety, and Fueston noted that the City website was currently waiting for a URL glitch to be fixed in order to go live.

Chad Hanisch of Infrastructure Designs then presented a proposal for boring and survey work to be done on two places where the event center may be placed. This would answer questions about sewer, drainage, groundwater elevations, and rock under the soil. There would be two samples done at the Dows and Center area, and six done at the "Nordstrom site," which is land along Split Rock Creek off 5th Street that would have to be purchased. The total cost for the assessments would be $16,300.

As discussion ensued, council member Godbey wondered if anyone had ever seriously considered the land south of Frank Avenue that was already owned by the City. This land, also known as "the boot," is a somewhat triangular-shaped piece of land that goes from the edge of Garretson to 254th Street.

Hanisch pointed out this land is also what is being proposed for the bike trail, and the northern tip of it is not very wide. However, the council appeared to be open to the idea of exploring that area, and requested council member Godbey look into the possibility of purchasing enough land to widen it to Main Avenue, as that would increase the size to a more appropriate amount of land. Hanisch concurred an extra purchase would help both projects to be accommodated in that space, and estimated it to be around 6 acres.

The council then heard a few more updates to the council about projects in progress, such as the ball field sale. This is in the process of outlining details on space-sharing with the school. At that time, they adjourned to executive session.

The next meeting will be held on July 12 at 6:30 p.m. at the Legion.

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