Planning & Zoning Board - Regular Meeting

Tuesday, February 10, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning & Zoning Board
Meeting Type
Planning & Zoning Board
Location
Hartford, SD
Meeting Date
February 10, 2026

Transcript

82 sections (from 488 segments)

0:12 – 0:550

All right, we'll go ahead and call the meeting to order. We should start with roll call, please. Okay. Randall here. Miles here. Anderson here. Graham here. Espinosa here. Wheelie here. And Kudel is absent with notice. All right. Look for a motion to approve tonight's agenda. I'll make I'll make a motion to approve the agenda. I'll second it. Have a motion and a second to approve the agenda for tonight's meeting. All in favor say I. I. I. Opposed. Look for an approval of the January 13, 2026 meeting minutes. I'll make a motion to approve. I'll second that.

0:54 – 1:240

Motion to second approve the minutes from the January 13, 2026 meeting. All in favor? I opposed. Public comments. Do we have anyone here tonight that wants to make input on a non-aggenda item? Well, once again, that's like 917 meetings straight. We have no comment. Accept the agenda.

1:23 – 2:050

We've got a couple minutes before we go to our hearing. So, let's go down to Mr. Christensen. Uh, code enforcement report. I am working with a homeowner on North Main. Uh, they're working on cleaning up the backyard. Kind of running into some issues with weather and um limitations on the age of the property owner. Other than that, I'm dealing with the usual pet licenses and then code violation for a sign placed in the right way public right away. What's that one?

2:02 – 2:330

Sign placed in the public right away. But working on getting that move, too. Did you ever have discussion with the white apartments across from the school over here on Second Street with the dumpster that's in the front yard? Yes. We'll wait till spring. He plans on pouring a pad for the dumpster. Where's the pad going to be? In the back.

2:28 – 3:070

Not where the dumpster is at right now. Okay. But it seemed to me there's a little more aesthetically pleasing place in a dumpster in the front yard. I get it. I don't know if there's much we can do on our point though. If there's an ordinance against the front yard is a problem. Yeah, certainly ask. Right. Think there's room to the north.

3:05 – 3:240

Is there room back there? I don't I haven't been back into there to look. I'm thinking there's probably not. And even if there is, the garbage guy is not going to be able to get in and out of there. Mark, it is a little tight back there because of the parking. So, that might be the issue is the garbage company won't get back there.

3:21 – 3:590

There's only there's only one, if I remember right, on that property, there's only one egress, and that would be coming off Second Street because it comes in and then it bends back around, but there's not a driveway that egresses them out to the east, I don't think. I'm pretty sure you're right. They got the one off the second only. So, might be a little difficult for the garbage truck to get in there and get turned around. Brainstorm the garbage guy a little bit. I've attempted to have those discussions before. They don't usually go very long.

4:01 – 4:460

All right. Anything else for Mr. Christensen? Didn't we talk about a home that was going to be looked at? I mean, you brought it up last. Oh, yeah. The one over here by First Street across Middle Catholic Church. I think Paul reported that. Yeah, I talked to Paul today. He's he reached he was unable to reach out to the homeowner last week. Um he plans on following up again next time he's in Hartford. Okay. The property owner did get a letter saying, you know, what the violations are. Yeah, he sent a letter with the corrections and on the house and then So now basically Paul get back with him to see what the plan is to make the corrections. Exactly.

4:43 – 5:120

Okay. Anything else that being I'll look for a motion to adjurnn as planning and zoning and reconvene as board of adjustments. I'll make a motion. I'll second it. Motion a second adjourn as planning and zoning reconvene as board of adjustments. All in favor? I opposed.

5:14 – 5:290

All right. We have 705 variance hearing variance request to reduce setbacks for parcel 23862 and 80872. Teresa, can you bring us up to speed from staff, please?

5:28 – 7:250

Yep. So, the city has received a variance request from a Nick Summerland. Um, basically this is for the two parcels that are off of Western Avenue on the east side of the road between Fifth and Ramona Street. And as most of the board recalls, um, these are the parcels that we had reszoned to residential high density. Um, you know, with doing that resoning there, we did allow it to basically have smaller lot sizes, smaller widths. Um the sideyard setbacks could be smaller, but we kept the front and and the backyard setbacks the same in order to have I think a little buffer between you know the already present residents there. Um the reasonzoning fit the neighborhood. It was residential. So they have been reszoned. Um like I said the applicant he has not purchased the property yet. He has submitted a possible plan. He is looking at he would like to do residential development in there, single family homes. He is looking at putting a private drive that would go down the middle of these two lots with homes on the north side and on the south side of this private drive. He can make the front yard work. The PL plan that he submitted to the city shows a 16T private drive. actually for fire code that needs to be 26. So that may adjust his variance request. Um I'll let him speak to that. Um but we have talked about that with our engineer just for fire code that does have to be widened. It has to be larger than that 16 ft there. Um so we've been talking a little bit um with him about that. Um like I said he is requesting per regulations you can have a 25 foot front yard setback and 25 backyard. He is requesting to shorten that rear yard that backyard set back to only 20 feet.

7:23 – 7:540

But that's with the 16 foot design. That's with the 16 foot design though. So So there's 10 more there's 10 more feet need to be made. Yeah. And I have not seen an updated um like I said plan on that. He is aware of that that though that it needs to be 26. So that may change the request and I will let him speak to that because I have not got an updated thought plan on that. And do we have the applicant here tonight?

7:50 – 8:340

We have you up to the podium, please. So, questions that come to my mind right away. Your original plan here was asking for a 5-ft variance in the backyard with a 16 ft driveway. It's not not going to fly. Yep. Yeah. We redrew it to a 26 ft. So now when we go to 26 ft on the driveway, what's the variance request? Um that she was right. I'm going to have to ask for a 5 ft in the front and do 20 in rear and 20 in the front.

8:32 – 9:040

And that'll give me big enough size to build a decent size custom home in there. And do you have do you have sidewalks in the front yards of these houses? I can that was kind of once I get the variance set back if that was fine then we're going to go through that. So and and obviously you're going to build like I'll just call it a ranch style house. It's going to be just a square building. You're not going to have push out garage or anything on it's just going to be one one rectangular box.

9:02 – 9:460

Yeah. We'll try to move them in a little bit. Kind of do some designs within that square that we can. Trying to get them to not look like cookie cutter houses all slabed together. They'll all be different. We're going to try to play with the styles a little bit, but try to keep them within that smaller size about 900 ft for living space with a single stall garage. So you have basically just for round numbers, I'm going to say you've got 75 foot depth on your lots right now. Y until we take another 5 ft off on either side for the driveway. So you're now you're down to 70T, right? Correct.

9:42 – 10:260

And then if you ask for 20T front yard and a 20ft backyard, now we're down to 30t wide on the house. So on a third about 26 foot just running round round numbers. How do you how do you build a 26 ft deep house of any other style putting a garage on it because you got to have what 24 ft depth on a garage at the least to get a car in there. Yes. So, you can't really bump out a garage or do anything with that garage.

10:23 – 10:340

No. But you can shape the roof planes to break them apart and not make them look just like a square box. Okay. And I have a few

10:32 – 11:140

And now And now you And now you only have a 20 foot length for driveway. So all of a sudden now we have cars that a big Suburban or a longer car. I mean Sou Falls just went through this on Phillips Avenue. Long cars that stick out into the street and impeding traffic. So we got a 20ft drive. We give you if we give you a 20ft front and a 20ft back. How do you keep the cars from sticking out into the road? You have a 26 foot wide road which is a double lane road. Yeah. But they'll be sticking into that 26 road.

11:11 – 11:530

Which is a normal street size in Sou Falls. 26. You park cars on the side of it. It's like a two lane. No. No. I'm talking I pull up in the driveway. The driveway is sticking into the road. The driveway is only 20 foot long. Yeah. And I've got a car that's 20 some feet long. How do I park my car in the driveway without it sticking the back of it sticking out in the street? Just like parking a car on Phillips Avenue downtown. They limited I I don't remember what is 18 and 12 or 19 ft. Anything longer than that can't park on Phillips Avenue anymore because they're sticking out and impeding traffic when they're trying to come down the street. Yeah.

11:51 – 12:170

So, how with a 20ft driveway, how do you keep that from happening? because you have a 26 foot wide road, but you got two lane highway. It's 20 ft wide. What we're saying is we don't want anybody back into the they're in the driveway, but the ass on their vehicles hanging into the road, right? Essentially is what we're trying to now. I get people to park on the side of the road. We're trying to

12:14 – 12:580

ask the question, do we want people hanging out into the road when they're parking? and our our city our mayor has put the put an initiative together on sidewalks that we're trying to get everything sidewalked in town. We give you a 20ft front yard and then you put in a sidewalk so you got 4T of boulevard and then an 88 5-ft sidewalk. Nobody can park in the driveway and walk down the sidewalk. Correct. Yeah. It's different when you have a city street, then you have your your boulevard and everything, right?

12:56 – 13:400

And your setback is set with a private road, then your your setback is different along. I mean, I guess I'm asking all these questions because I'm seeing I'm seeing a whole bunch of things about this that just to me doesn't work on a from a zoning situation and trying to keep our city uniform and how things are. I I 20 a 20 foot front yard doesn't doesn't cut with me at all to match up with what else is going on in the city. Especially when there's only a single car garage. So how many garages do you plan to put in these houses?

13:39 – 14:060

Single a sing a single call single cell garage. So they're definitely going to be parking in the driveway. So you're Yeah. Every driveway is going to be parked full because I would I would venture to guess most of the people that would buy or live in these houses are going to have at least two cars. Yeah. So, I mean, you got to be private drive versus

14:04 – 15:030

Well, you know, here here's here's where I go on a private drive. I don't care if it's a private drive or a city street. We need we we have design standards and we have design standards for reasons and part of that is is safety, emergency services, all those kind of things. At 26 ft, it barely is right. If if a guy parks a DY pickup on one side and a Suburban on the other side, neither one of them are tied up against the curb and our bumper truck, our fire department's bumper truck needs to come down or our ladder truck needs to come down that street, they could end up having problems getting down the street to get in there. I mean, there's a reason city city streets are 33 feet wide, and my neighborhood is a 33 foot wide street, and sometimes it gets difficult to get down that street with cars parked the way they are. So,

15:00 – 15:240

kids playing, kids running in and out, just a whole bunch of those kind of things. Well, and I understand that's we we looked at this lot and that's why I haven't purchased the lot yet because I'm trying to fail. Yeah. Get it figured out, right? Yeah. the road with and we're familiar with a lot too. It has to go down the middle. So, yeah.

15:19 – 16:030

Yeah. I mean, we and this this property was the reason that we can't that we as a board put in and developed the residential high density because we had multiple people in here, developers wanting to do something with it and said, "We need this is what we need." and we had two two different people and said this is what we need so that we can develop this and neither one of them did but we went ahead and as a board made the change and brought that zoning regulation in to do it. So, so at least narrowed up the lot so that we could allow

16:02 – 16:410

we made smaller lot sizes all the kind of stuff and and now after after we did that somewhat to the sagrin of the neighbors because the neighborhood is was not exactly on our side about even coming up with this residential high density. And now to be to have to look at those folks after we redid the zoning to bring in high density and then said, "Oh, by the way, we're going to shorten the lots and pull the setbacks in." I I have a really hard problem looking any of them in the face on that because now what's the next thing going to be?

16:39 – 17:220

But I still see this moving forward with noes, but you're going to get more looking like trailer houses in there. I think that's what this is going to look like. I I hate to say, do you have a picture of what their houses would look like or a drawing or a mockup? Several different mockups of what we're trying to accomplish with the I I just I disagree with you on that. If you put the street, if you put a street on the south side and you put in 100 120 foot deep lots and have nice big deep lots and can put in reasonably decent sized houses, two and three car garages, I think you got a whole lot better looking neighborhood than you have doing this, but you can't turn around.

17:21 – 18:020

Why can't you? Yeah. It's 100 ft down. the the two other designs that we had in here when we discussed reszoning it both had it figured out up around at the end. Yeah. And the other designs like pointed out only had had the private kind of what both of them did is this lot right down here. This oddball became the turnaround. You lose so much your lot. So you're you're going to lo you're going to lose a lot to do it. So now you're building three houses maybe four houses on it. No, they had six houses on it. Six or seven.

18:01 – 18:170

It's the lot. But then you're still your lot cost per house is quite a bit more. Okay. So, I want and I'm I'm going to Yeah, we have a real we have a realtor on our board. He's going to agree in a heartbeat on that.

18:15 – 19:030

The statement I'm the statement I'm going to make on it is and this is my this is me. The rest of the board we have the chance here to speak to. I am not ready to compromise the look of our community, the look of lots or our neighborhoods just so that financially it works for a developer because a variance has to fit in any one of these here and financial hardship is not a qualification for a variance. What we're trying to build strictly what we do as developer, me and my partner, is build affordable housing. Houses that are 200k to 250k sold to allow your first time home buyers and young couples afford these things.

19:01 – 19:410

They don't need big lots. It's it's and that's a wonderful thing and and we all need that. Every community needs that. Um, but myself, I'm not ready to compromise on our our zoning regulations, our rules and regulations that the whole rest of the town has to fit under just so that we can have 12 or 13 houses jammed in on a lot. I don't think it I don't think that's the right thing to do to our community. So, with that, I'm going to leave it all be and I'm going to let the rest of the folks on the board speak to this also.

19:42 – 20:230

I'd love it. I'd love if they could look like this, but it can't look like this one because that's got a twocar garage. Yeah, it can't look like this one because you can't have a covered porch on the front because you can't have a roof extending past the house because that would be if there's no poles. So, it'll be four foot. How are you going to extend a roof out like that without poles? bring it back into the house. It won't look like But it won't look I know. I know. I know a candle lever, but you can't look like that because it won't have the poles. So, it won't look like that. That'll be pretty close. By the way, she's I'm an architect by trade. Yeah, close.

20:21 – 20:590

So, yeah. Um, so I see what you're showing. You're showing lots of fluff, but I can't see how good how what they how they like that. Our investor is a real estate agent and that's he kind of helps with design of what we can sell. So you could probably sell these. Yeah. Yeah. I'm not I just saw a lot that I thought if a small density allow us to do something like this. The cost is right. Well, if it doesn't work within the city regulation and get it. Yeah. We're just going to go to a different city in a lot that we're

20:56 – 22:210

Yeah. No, I don't blame you. Yep. Yeah, I'm with Tony on the uh you know, we just set up the high density, right, with the setbacks. I don't feel like we gave a little bit on that for developers on side yard setbacks and everything like that um to help out for situations like this. Maybe not quite these houses, but similar um starter homes, right, for for families because it's tough for first-time home buyers right now or really, you know, anybody looking for a house if they want to get into one. Um, but I uh I'm with Tony on compromising on something we just passed a meeting ago and I don't think the neighborhood or the neighbors would like it and um I don't see anything that falls into, you know, our A through G, right? as a board we got to look at and justify. Um that I mean that's where I'm at on it. I like what you're doing. I just I don't know if it's right for that part of that that area um in that neighborhood. I mean I think we all want to get as many houses as we can in a development as we can. When they settle for more, you make more money. But I just we can only cramp so much right into

22:20 – 23:050

I mean fine if we can figure out a way to near as many if I can move the road south and only maybe get six houses in there. No, I'm fine with that. Looking at that. It's kind of with a lot of the fire code stuff and trying to get that turn around. Yeah. Much of that lot and I got a burn not doing that. I was trying to get a hold of the neighbor to the north that he kind of has a road that dead ends that property and see if he was allowed to do it the tie you want to find leisure living couldn't get a number who that was so

23:05 – 23:260

yeah that's what everybody's done before is have the road running on the south and And but not tying into Little Robin. No, they didn't tie in. No, they weren't they didn't tie in. And there wasn't uh only one side of So the little the Little Robin the place that you're talking about road that comes in and dead ends.

23:24 – 24:050

All the houses the the west side of that is all set up as shouldn't say it's condos, but every unit is platted separately. So it's like a sixunit twin home. So there's firewalls between every one of them. Each one of those is a lot. All of those are owned by someone. The building on the east side is not. That's all that's all rental. That's one owner property there. And that's the gentleman that the people that own that side of the street are the people that developed that to start with. And his name is Jerry McMahon.

24:03 – 24:430

Would that be a feasible option to tie into that road? it it could be a feasible option if you could get him to could get him to agree to it. agree to it. But as soon as you do that, now all of a But as soon as you do that, now all of a sudden you've got his private street sudden you've got his private street taking traffic from your development. taking traffic from your development. So you all know how that So you all know how that discussion goes back and forth is well discussion goes back and forth is well now you're going to tear up my street now you're going to tear up my street more because of your traffic. more because of your traffic. Yeah. Yeah. Yeah. Yeah. it it could be a feasible option if you I'd be curious to hear any other public input as well. If there's anybody else here public-wise that would like to

24:43 – 25:490

I'm one of the neighbors really only against the 5 foot additional rear setback because I don't especially the neighbors to the south in there one of their major concerns is drainage and so then putting the actual house further back I think will further affect the ability for that portion of ground to the rear to actually drain the water off because they're already fighting storm water as it is. Um, and also houses being closer. And obviously not a fan, but that's just a personal opinion. Um, another concern would just be with the street setbacks as you're mentioning, being able to park the car. Um, also the snow parking. If you're going to have a second car out there, there's nowhere for them to go because they can't park in the street. They can't park in the driveway without blocking sidewalks. I mean, I do I do appreciate overall the idea of it because our biggest fear, I think, was apartments going in there, you know. So, I I I do like the affordable, decent homes. There's nothing against that. And obviously, it's still around. If I want, you know, a right to an opinion on it, I should buy it. So, I do get that. I'm not

25:480

You get a check.

25:49 – 26:350

Yeah. I wish not. I mean, one of my concerns at the end of the day, if they're 900 foot homes, first- time home buyers is a great idea, but are we going to end up with a bunch of lowincome neighbors that we don't want right next to us? So, that's another thing to consider. I don't know who's buying a 900 foot home. I mean, I've been a first-time home buyer myself. I get that. But, we certainly were looking at 900 foot homes. I feel like the type of population you're drawing with that size of a home is not going to be what we're looking for as all the neighbors.

26:33 – 28:010

Yeah, I think the consensus kind of was we're all for the exact style of homes and everything to be put somewhere, but that lot really probably isn't the best for quite a bit of that development to happen. But I could be wrong on that aspect. kind of the same thing, you know, but um I won't read my whole thing. Um if the city at some point decided 45 setback was a fair thing and now the board is asking is being asked to make a change, it should benefit both of us and you know it's going to look going to benefit our existing land owners. Um the underdeveloped property is narrow. That's what it is. And why should we have to make a concession for that property when it hasn't been developed? We don't know how the water will go, the snow, the snow piles, the utilities if they have to get in there and um repair utilities and the lines and the boxes. It's all that much to our fences. Um just don't think it's fair to ask the existing land owners to contribute to that. Any other comments?

28:00 – 28:450

If I was living where they're living, I wouldn't want to watch I wouldn't want to see all those extra cars that are going to be sitting parked in the driveway parked in the street. But I'm just being honest. I don't blame you. I wouldn't want to look at it. No, I wouldn't either. And with one car garage, I mean with twocar garages, people park out on the street because they have their garages full of crap. And then have to have a lawn mower and snow, right? We all have stuff. So with the 20 foot setback, you don't even have room for a shed anymore hardly. I mean, I just I wouldn't want to look at it by the time you have all that. May I reiterate? I don't like variances because once you approve one now your ordinance is just thrown out the window. Why even have an ordinance

28:44 – 29:260

and we just did it. I am not in favor of variances. I would be specific hardship. That makes sense. Yeah. There's a reason that and apprec I appreciate your comment on that because it also goes through my mind is I don't know that we've ever given a setback variance. We've shied away from them a lot in the last few years because because of those reason it infringes on the neighboring property owners. We've had I shouldn't say that. We've done we've done a couple of setback variances on um accessory buildings. I say larger lots with

29:24 – 30:090

accessory buildings. We've given setbacks in the central part of town here where they needed to have a setback off the alley. Yep. and we've gone ahead and everyone else has done it and yeah there's there's eight there's eight there's eight other garages in the neighborhood that were built 40 years ago that were built right on it's a different situation yeah but the but in especially in new development I don't think we've ever given in my eight years of being on the board have given a setback variance front or rear yard in a new development for new housing I agree We need a motion. If you'd like to make one.

30:08 – 30:530

Yeah. I'm opposed to variances like I said. So I'd make a motion that we deny the request. I'll second it. We have a motion and a second to deny variance request for partial 23862 and 80872. Do we have any further discussion? Well, before we vote, I I do want to and I want Jo I want to thank you guys for looking at Hartford. I want to thank you for looking at trying how to make something work here. Um I'll be I'll be looking at the lots across the road. I'll do it somewhere.

30:51 – 31:320

Yeah. I We got investors lined up. We're somewhere. Well, and it's where I was going to say on this is I encourage you to keep looking around here. Um there's there's a place for this to set. There's a place for this to go. Um and and I think it's needed in our community, just probably not in this exact location right now, but the bomb's tight. We we welcome you to come in where you can just come in. You're not the first one to try. We're trying and slap slap it down. wanted to go there, slap it down and grab a building permit from Teresa and go and build. Yeah.

31:30 – 32:110

And if if you'd like a whole bunch of ground to do this on, our development corp has 140 acres right across from two of our major employers in town. They would love to see some workforce housing put on that just to toss you direction. So, any other further discussion? We'll go ahead and vote. Whailing. Yes. Yes. It's yes. The motion is to deny. So yes, yes to deny. Miles. Yes. Espanosa. Yes. Graham. Anderson. Yes. Randall. Yes.

32:12 – 32:550

We now need a motion to adjurnn his board of adjustments and reconvene his planning and zoning. I'll make a motion to adjurnn as board of adjustments. I'll second it. Motion a second to adjurnn as board of adjustment reconvening as planning and zoning. All in favor? I opposed. All right. Jeez, we're making tonight. Yep. Thank you. Thank you, Matt. Thank you, guys. Thank you. Certificate of appointments time. And thank you both for coming out tonight. Yeah, we need your input, Mr. Anderson.

32:54 – 33:390

Hurry up and get up here quick before Teresa gets your camera. I'm not taking we're not we're not taking pictures tonight. All right. Thank you. Hang on. Do we have a new president? I have We're getting there. You will. All right. Look. Have you ever been there? Have you ever No. Oh god. Mr. Whistle. I got something. Well, you have to be. You can't like throw somebody in the closet. Well, I'm not. You have to accept it. You have to accept, right? Because I'm not

33:40 – 34:250

Mr. Miles. Sorry. Oh, yes it does. Mark. Mark. Perfect. Thanks, Tony. Thank you, guys. She's just like a mom taking pictures. Just like all our kids. All right, continuing on. We'll have election for chairman 2026. Take nominations for chairman. I nominate Tony Randle. I'll second that. I'll third it. I do. Do we have any further nominations? No. No.

34:23 – 35:060

Have a motion to close nominations. Ask me why I had ever been here for one. I'll make a nomination to close nominations. A motion to motion. If you'd like to add that and cast a unanimous vote for Tony Randle, you can add that in the motion. And I'll note for a casting of a unanimous vote for Tony Randle. All right. Sweet. Moving forward, Jake. Opening up the election for vice chairman taking nominations on that. Oh, I'll second it. That's right. We have to vote on it. We're going to vote on that. Actually, you don't. Actually, you don't have to unanimous. Yeah. Actually, you don't have to actually vote, but let's all say I. I. There we go. Can I do it? Brad, you up for this again?

35:04 – 35:480

Sure. You want to do it? You do a swell. Yeah, you do a sw. Thanks, guys. It's usually uh he's always so diplomatic. You can make the same nomination and move to close nomination. I just forgot what I nominated. Can I do the same thing except put in Mr. Wild? Yeah. Brad, you can. So, we have a motion. I motion and a second. I motion. What? Am I Do you want to nom You want to nominate somebody? I want to nominate uh Brad for the um we already got it. Oh, I make a second.

35:47 – 36:300

I'm going to make I'm going to second it. Oh my gosh. Okay, you guys are embarrassing me in front of Joe. I'm confused. We don't Okay, so we This happens once a year, so we don't do this. We have a We have a motion to nominate. Motion to nominate Brad Miles as vice chairman and to close nominations with unanimous vote for vice chairman. All in favor? I opposed. Gosh, that was a lot. We only vote once a year. We made it through. You're good. Good thing is the internet.

36:28 – 37:080

All right. So, we have we have Mr. Clark's. I do have a little update. He sent me. So Paul sent me an email just kind of inform what he usually does. Currently there's seven single family home permits that are open and we have two twin home permits that are open. Commercial jobs quickar has a permit issued. Um the city park building permit. What is that? A full building permit or is that just for Yes, it's for the actual building. Okay. When they break ground, I'm sure it'll be this spring. I'm sure it'll be whenever that should be tomorrow. Like I think today

37:08 – 37:210

construction schedule shows April 1st is starting instruction. Wow. Sweet.

37:17 – 38:020

Um the restrooms in the city park that the city's putting up, the framing's been improved with it. We actually have, just FYI, plumbers and electricians in there now. So, we are hoping to keep moving forward with that, hoping to have them ready by spring. Um, 1095 Root Trail, there's been some interior finish work done. And 1205 North Oaks interior finish work as well, too. That's all he's got. And I already gave you an update on um where we're at with that house on First Street there. And Kyle wants to give you a little bit of a legislative update just to kind of

38:01 – 38:460

there's there's some there's some bills out there that are going to affect like building permits. So I'll So yeah, Paul and I wanted to give you an update. So um they passed Senate Bill 129, which is the adoption of the 24 ICC codes statewide. Um if passed, effective date is July 1st. Um Paul and I would recommend that Hart Hartford compare to adopt it around the same time frame. Paul is in communications with Neil King who falls as chief building official. Typically he'll get a boilerplate copy with their amendments that we can use for adopting the ICC codes.

38:45 – 39:030

So yeah. So, we'll we'll work on them if everything passes and gets signed that we'll work on them then later this year to because right now we're we're on the 2021 code. So, that'll bring us up to the most current codes then.

39:03 – 39:460

Yeah. The other bill we're watching is 703. They amended it, but there if adopted, no permits or inspections would be required for exterior projects such as sighting, roofing, fencing, I think downspouts, gutters is included in this. Um, it passed. It was voted on and passed by the Senate. It's going to the House for a local government hearing this Thursday. So, our building officials across the state are continuing to fight against this bill. I know the state home builders association is also against it. Um,

39:44 – 40:170

well, it's a small revenue generator for fees. The biggest thing is there could be some implications by not getting inspections for some of these. And I know during the Senate hearing they had insurance comp there's insurance association that was there that was against it as well. So, so this has passed hearings in the Senate, but it hasn't passed the full Senate or has it passed the whole passed the full Senate. It's on to the House. House has passed the House. Who's the sponsors on this bill?

40:15 – 40:590

Is a senator from Aberdine is the sponsor. So basically if it does pass, you know, people don't have to get, like you said, permits for siding, roofing, um, fencing, you know, exterior stuff, which okay, they So now they don't come and get permits. So they're happening out there. We don't know they're happening. We don't know if they're following the code. They're still supposed to follow the codes, but we don't know if they're following the courts because there's no inspections happening, you know? We don't know even know that they're doing it. Level playing field for the builders that do it right. Exactly. So there there there's some issues. We literally have concerns. Yeah.

40:55 – 41:360

How did that even pass the Senate? How do some of these bills ever passes? It's kind of an oxymoron that they passed the 2024 ICC building adopting codes. But codes, but then they But at the same time, they Yeah. put the code in there to not enforce any of it. Yeah. So the hearing was painful. I watched the hearing. It was painful. Yeah. It is. It's just um I fear our legislators out there are very anti-development, anti-gules, and that's just my opinion, but it's it's a lot of stuff's being talked about out there.

41:34 – 41:540

I've I've not had opportunity to watch a lot of session this year, but last year the overwhelming theme all the time was local control. They wanted to give local control. They wanted to give local control. They wanted to give local control and this is absolutely takes local control right off.

41:51 – 42:460

It is opposite this year because today so there's also another bill out there that would give communities the option of adopting a sales tax for a specific project. So take for example like our pool. If we wanted to build a new pool that our citizens vote for, it's got to go to the vote of the people and if they're willing to vote for it and adopt a a higher tax to pay for that, it's got to go just to that for a certain amount of years. Then, you know, we could do the project. We can adopt this extra tax and do it. You know, it's it's all like I said, local control that our our citizens want this are okay with it. If they vote it down, then we can't do it, you know. But they voted against that, too. They're they're they're like you said, they're kind of taking it out of the local control a little bit. Pier's kind of controlling what we can or cannot do. So pictures I just don't see how it makes sense.

42:45 – 43:230

I don't either just cuz I said, you know, they say, well, they still got to follow the codes. Well, who who knows if they follow the codes because there's nobody there's no inspection. That's just it. We don't know if they follow the code. So if you have a claim, if you don't follow code and you turn it into your insurance company, Yeah. How exactly does that who's going to win that battle? Not the homeowner. The insurance company's going to win. Well, that's just it. How does that protect the homeowner at all? But that's the conversation we had here a few weeks ago. Yeah. Yeah. Yeah. Exactly. The very same exact conversation we had. Yeah. So, it's Oh, I guess you should go up here.

43:20 – 43:500

I don't think I do well out there. I know there's a lot of people, you know, all these every year during these sessions shooting out emails to the representatives whether they help or not, but just trying to Well, and statewide they're looking at shutting down tips because Yeah. a board out in Rapid City approved a pool or field. Yeah. Right. Yeah. Or or they were ill informed. I mean, both or both or a combination, but that's

43:49 – 44:330

Yeah. But like I said, that's one instance that now they're looking at abolishing all tests statewide, which you know, they can definitely help development in a community, especially a lot of communities that need development. That that is a tool and it should be left up to the local resident to decide whether to give the tip or not and not fear. But yeah, so it's yeah, that's that's a big thing too, the tip talk. They're looking at abolishing them. So it's It's interesting times out there for the legislature. I know, right? Is that for that big project they had out in Rapid? Yeah. For where the city borrowed $100 million for the developer and then the developer went belly up and the city's off for the money

44:32 – 45:120

because the city took it out of the city's name like why would you do that? Whoops. That was a poor choice on Rapus. You should have money to everybody else. Yeah. Well, whoever did that probably got a promotion. Unfortunately, they're running for governor. Let's be honest. Oh, interesting. Yikes. Any more good news for us? Yeah, there you go. It's only two bills I got on the What was the What was the vote in the Senate on that bill? It was closed. No, I think there was six nays and the rest were yays.

45:09 – 45:540

Oh, okay. Which one was closed? I think the capital project one was closed like 36. till it goes back to the house though. Yeah. House. Oh, I'm not sure exactly how that works, but does it doesn't go from the house to the senate? Those the national level that's why it goes on the but now it goes. You said it's going to local government committee first and then so it has to go it has it has to get out of committee in the house and then go to the house floor for discussion and then if the two bills are exactly the same they go then it and they both pass. If they're exactly word for word the same

45:52 – 46:360

then they go to the governor for signature if there's any discrepancy between those two bills. So, like now that it's in the House, if somebody amends that bill, it's got to go back and changes it, then they've got to go to reconciliation and they've got to get it put together. Yeah. And voted to approve before it goes to the governor. Both both sides have to approve the exact bill as written. I'm just surprised that it comes from the Senate and it goes to the House. They You can go either way out there. It's whoever I say either one. The Senate House can introduce a bill. So what SBS are by the Senate, HBS are introduced by the House. Number one, who the sponsor was because whoever Yeah. whoever the sponsor is.

46:34 – 47:100

And it'd be interesting to know who this and I'll I'll have to look this up to see who because you a Senate bill, you can be a sponsor from the House. You can be you can sponsor a bill, I believe, from either the the author. So if it's a senator, the author of the bill is has to be and he introduces in the Senate because he sits in the Senate. But I believe he can have sponsors riding along with that from either the House. Either House or the Senate. And that's just basically your sponsor saying I think this is a good idea. Yeah. Right.

47:11 – 47:460

Yeah. I didn't know that it went SBHB. I thought it would have like this. They can go either way. Either way, this is a good point. Most state governments are funded or ran. Sounds sounds to me like a senator who didn't like something that was going on up there and decided I'm going to get a bill and I'm going to tell everybody this is no big deal. Don't worry about it. But I'm surprised that the people that you said that are were speaking against that bill said there's a lot that it could roll through the Senate that well. Yeah, there's a lot of entities, but

47:44 – 48:270

I think it'd be harder to roll through. South Dakota South Dakota Homebuilders Association is out there saying this is a bad deal. Usually that's got some pretty good I mean they got some pretty good pull and if they had any insurance company lobbyists out there going against it, those guys usually get anything they want because if they're saying this is bad insurance-wise, they're like, "Well, geez, we can't be screwing up people's insurance." Yeah. Heaven forbid if they'd screw that up. you know, the municipality showing up and saying, "We don't like this." That's pretty common for a pier to go, "Yeah, well, that's cute." Unless it's rapid, right? Unless you're

48:27 – 49:120

all right. Make a motion to adjourn. I appreciate my report. Okay. Sorry, Tony. Paused for a moment and I had to jump in there. I forgot. I try to cut it off. I just have just a couple things. You got my report. So, if you have any questions, you can, you know, let me know. I I just want to fly and I think I know the answer to this. So, I put in there about the city council computers. You know, they're getting new computers. We've touched on this. Are you guys interested and all about refurbishing and getting them? I mean, there there's a reason why they're getting new computers. They they're like seven years old, so they're eight years old. So,

49:10 – 49:550

you really I like what Tony told me. I just went online and just looked at the get this online. I mean, you don't want to pick up your paper copy, it is online. So, I mean, if that if that's all working for you, great. I just want you to know we surplus the old ones. We don't have as as this board, we typically don't have anything that's oh my gosh, confidential that we have to be worried about security going to our personal emails or anything else on that. Right. I mean, anything we send through is going to be the public. I mean I I would more important public had a closed door planning and zone. Would we get paid more if we had computers in front of us? Absolutely not.

49:52 – 50:370

We don't have we don't have any we Yes, we did have one. We had one. I think it was before you were around that we went into exec. I was gonna say the whole time I've been maybe gone a couple times, but I mean that information gets distributed executive and picked up in executive. So I mean we don't want that line out there anyway. So okay I just want to make sure that well you with the city council you have stuff that goes in their dropbox that's going to be discussed in executive. Yeah. Right. Yeah. But we don't ever have that. So what else would we need to have computers? I think and we can do paper copies if you ever do that. Yeah, we look cool. So nope.

50:36 – 51:190

Okay. I I just I just want to confirm that we have that discussion. Um and just the only other thing is that we are going to have new signage. We're going to use these instead of those green signs or if it's a variance or conditional use. We're going to use these disposable signs. Um they're cheaper. Our signs are getting really bad with all the taping on and off and whatnot. So these we can just, you know, they're just like realtor signs with the wire things you just put in the ground. We're going to still keep a few of the couple of the green signs because in winter time obviously you're not going to be sticking in the ground if there it's freezing or whatnot and we don't have too many varants during the winter. But

51:16 – 52:010

just so if you see when this this is going to be our new variance or conditional use signage. Do you need stakes? Nope. Nope. They came with stakes. picking up a lot of them. So, well, we'll take them if you have them, but we use this. So, so just wanted, you know, familiar if you see us on the property. It's not going to be the big green ones anymore. We're going to use these and be a little better. So, okay. All right. All right. So, unless you have any other questions, what's what's on our Just a quick Kyle question. Did we ever close out the school? Did they get that handrail and everything all done? Is that is that all finished out? Um I haven't double checked Paul with Paul, but I think it did. I was going to

52:00 – 52:450

say I think it is all I don't think that it was done. Have we? We can check him, but I I think they've got their Yeah, we should make a note that when we bring up issues that we should bring a resolve to it eventually that we just don't leave it hanging. I see that a lot in our reports. in business, you wouldn't be allowed to let that happen. We will touch base with them and confirm that or not. Right. So, I've got a hanging motion. Do I have a second? I'll second. I have a motion and a second to adjurnn. All in favor? I opposed. We're journ. I forgot the most important thing.

52:450

What? The worst news of all. Arizona lost last night. zone is no longer

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.