Britton City Council: Baker’s Owners Ask To Run Pool Concession Stand

    The Britton City Council held their regular meeting on Tuesday night. President Brian Beck presided over the council in Mayor Clyde Fredrickson’s absence. The group convened as the zoning board at the beginning of the meeting. A variance request for Brian and Tammy Olson was okayed for a garage to be constructed at their property at 1408 7th Street. The garage will extend two feet into the right of way. 
    A rezone petition from Daniel & Amber Schempp was reviewed. They are interested in putting up storage units on the empty lots west of the Community Transit building. The property would have to be rezoned from highway commercial to general industrial. The rezone would require publication and a hearing. The council discussed zoning in general and whether a review of policies and city zones would be a worthwhile task. Austin Sasker volunteered to investigate the matter and report back to the council before dealing with the Schempp’s rezone petition.
    Chad Anderson attended the meeting to discuss the concession stand at the swimming pool. Anderson and his wife Chelsie who own Baker’s in Britton proposed leasing the concession stand space and running it independently. He explained that they would offer the usual items and also try to add healthy options. Anderson added that they would be willing to assume all employee and food costs. 
    A discussion was held regarding what the city would charge the Andersons and whether it is necessary to allow others to bid on the space. Per City Attorney Justin Scott, a bidding process is not necessary if the lease is less than 120 days and does not exceed $500 in value. The council noted that they are not really interested in making a ton of money on such a deal and are happy that someone would be willing to take over the service. They would also be willing to allow the use of city equipment, including refrigerators and a freezer that had been previously removed from the space. The council ultimately voted on charging the Andersons $120 per month to run the concession stand. 
    The first reading of Ordinance 607 was approved titled “An Ordinance Regarding Trees.” The ordinance largely authored by Public Works Supervisor George Flanery establishes guidelines for planting and maintaining trees in town. It defines who has different responsibilities for maintaining trees, the acceptable spacing and placement for trees and diversification standards. The city also hopes to establish a list of acceptable trees that can be planted in town given concerns about diseases. The tree list will be discussed at next month’s meeting. The full ordinance is available at city hall or is included below.
    Members of the ballpark committee were present to discuss an outstanding drainage invoice. Just over $22,000 was still owed for tile work done at the ballfields. The city had committed $100,000 in the 2023 budget for work at the fields, around $87,000 of which had been spent last year.  Richter noted that the remaining $22,000 owed on the project was invoiced at the end of December and had been sent to him but not the city. The city had previously declined to pay the outstanding balance since they were not made aware of the bill until 2024. The group ultimately asked for the city to at least contribute the remaining around $12,000 of the allotted monies to the drainage bill by budgeting that amount in the 2025 budget. The council agreed to this.
    Flanery discussed concerns about city sewers. He noted that they have been having significant problems with clogs caused by non-biodegradable items in sewers such as flushable wipes and even items like towels and mop heads. The council discussed the possibility of fining people and businesses responsible but ultimately planned to first invite those groups to future meetings to discuss the problem.
    In other council business, propane bids were opened. The low bid of $1.34 per gallon from Full Circle was accepted. A quote for repairs to a temperature sensor at the airport was accepted at the amount of $1,887. Brent Bury received a 50-cent  wage increase for completing his water distribution certification. The June meeting was changed from June 10 to June 4 due to the finance officer being gone for continuing education.

ORDINANCE NO 607

AN ORDINANCE REGARDING TREES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRITTON, MARSHALL COUNTY, SOUTH DAKOTA, to add Chapter 12.32 Trees to Title 12 Streets, Sidewalks and Public Places to read as follows:

12.32.010 – Definitions.                                                                                     

1. “Park trees” are trees and all other woody vegetation in public parks, and all areas owned by the city, or to which the public has free access as a park.
2. “Street trees” means the trees and all other woody vegetation on land lying within the right-of-way of all streets, avenues, alleys, or ways within the city.
3. “City” is The Britton City Council and/or the Public Works Department.
4. “Small trees” are tree species listed as small trees within the City Planting List Policy.
5. “Medium trees” are tree species listed as medium trees within the City Planting List Policy.
6. “Large trees” are tree species listed as large trees within the City Planting List Policy.

12.32.020 - Responsibility for planting and maintenance.

            The City shall have responsibility for the planting, maintenance, and care of all park trees.  The abutting property owner shall have responsibility for the planting of all street trees.  The City shall have the primary responsibility for the maintenance of street trees except that abutting property owners shall have the responsibility for the pruning and trimming of street and private property trees over sidewalks.

12.32.030- Britton City Council—Enforcement of provisions.

The Britton City Council shall have the responsibility and duty of enforcement of this Chapter.

12.32.050 – Interference prohibited.

            No person shall prevent or interfere with City Council, Public Works Department, or anyone assisting or working for the City while performing their duties pursuant to this Chapter.

12.32.060 – Planting.

1. Some street trees, removed by the City, may be replanted by the abutting property owner in accordance with the requirements of this article.
2. When planting street trees, diversity is required for disease reasons.  For example: when planting three trees, no two trees can be of the same species.  When planting four trees, no more than two trees can be of the same species.  Species selection must be approved by the Public Works Department prior to planting.
3. All plantings shall comply with the following spacing and placement requirements:  
   1. Small trees and medium trees must be planted at least thirty-five feet apart from base to base.
   2. Large trees must be planted at least forty-five feet apart from base to base.
   3. No tree shall be planted less than twenty-five feet from any street corner or existing tree.
   4. No tree shall be planted less than twenty feet from fire hydrants, utility poles, curb stops, or sewer clean-outs.  
   5. No tree may be planted under or within twenty lateral feet of overhead utility wires.
   6. No tree may be planted over or within fifteen lateral feet of underground water, sewer, fiber, or other utility lines.
   7. No tree shall be planted within fifteen feet of an alley corridor.
4. The City Council shall adopt a Planting List Policy which lists the allowable species which may be planted within the City.  The Planting List Policy may be amended from time to time at the City Council’s discretion.  The Planting List Policy shall be maintained at the City Finance Office.

6. Trees may be planted between one foot and four feet from the abutting owner’s property line.  There shall be a minimum distance of sixteen feet between the tree base and curb top or road edge.  Right-of-ways vary in width and in some instances planting a tree may not be possible.
7. Locating property lines shall be the sole responsibility of the abutting property owner that is planting trees.
8. The locating of utility lines will be the responsibility of the person desiring to plant trees.

12.32.070 – Treating, trimming or pruning of trees.

            Tree contractors shall file evidence of possession of liability insurance with a minimum limit of one hundred thousand dollars if operating on City property.

12.32.080 – Diseased and hazardous trees.

            No tree shall be allowed to harbor any safety hazard to the general public, whether that tree is public or private, or to harbor any insect, disease, or other pest that would be injurious or fatal to any other tree in the city.  Such trees include those injurious to sewer, water, electrical, fiber, gas, or other utility lines, those interfering with traffic and traffic control devices and signs, those obstructing light from any streetlight, and those that are dead, or have broken or dead limbs that are unsafe.  Pre-pandemic tree removal may be required in some instances.

12.32.090 – Hazardous trees declared a nuisance.

            Any hazard as described in Section 12.32.080 shall be declared a nuisance by the Public Works Department, and within fifteen days of written notice of the nuisance, shall be corrected by the responsible owner of the tree.

12.32.110 – Violation – Penalty, tree removal.

            Any person violating any provision of this article shall, upon conviction or a plea of guilty, be subject to a fine not to exceed one hundred dollars.  The city may remove non-conforming trees at any time.

12.32.130 – Trimming and removal for street trees.

            For street trees, removal and trimming of branches intruding, or about to intrude, out into the roadway shall be the responsibility of the City.  Some branches may be trimmed back to the trunk.  It shall be the responsibility of the abutting property owner to trim branches of street and private property trees so that no branch or bough be lower than twelve feet above any sidewalk, and the City may cause the same to be trimmed and charge the expense thereof to the abutting owner of such property.

12.32.140 – Injuring unlawful.

            It is unlawful for any person to injure any tree, shrub, or other vegetation in any public place by physical means, use of herbicides, or any means whatsoever, nor shall any person remove or cut down any tree, hedge, or shrub in any public place without first having permission from the city.

12.32.150 – Guidewires.

            It is unlawful for any person to attach any wire or rope to any tree in a public place.