City Council

Spearfish City Council Regular Session Minutes August 21, 2017 The Spearfish City Council met at 5:30 PM on Monday August 21, 2017. Mayor Boke presided and called the meeting to order. All stood and recited the pledge of allegiance. Roll Call was taken with the following members present: Hodgs, Jacobs, Klarenbeek. Lee and Schmit. Clark was absent. Also present: Finance Officer Dutton, City Attorney Davis, City Planner Watson, Streets Superintendent Riopel, Police Chief Rotert, Fire Chief Sachara, Assistant Police Chief Jacobs, Water/Wastewater Utilities Superintendent Glenn, Recreation Facility Superintendent Rauterkus, City Engineer Mathis, Human Resources Director Friedel, Wastewater Treatment Facility Superintendent Evridge, Parks and Recreation Director Mader and Assistant Finance Officer DeNeui. Order of Business – Hodgs moved, Jacobs seconded and all voted to approve amended Order of Business to include consideration for a special event permit immediately prior to the bill list. There were no potential conflicts-of-interest declared. Consent Agenda – Schmit moved, Lee seconded and all voted approval for the Consent Agenda as follows: A. Approve 5 special on-sale liquor licenses for Stadium Sports Grill for BHSU tailgate events on 9/2, 9/9, 9/23, 10/14, 10/28, & 11/4 from 10:00 a.m. to 1 p.m. at the Joy Center Parking Lot. B. Approve a special on-sale liquor license for Zbar for a wedding on September 15th from 5:00 p.m. to 10 p.m. at the Pavilion. C. Hires and Moves: • Hire Nancy McGinnis as a seasonal/temporary Snow Plow Operator, $15.25 per hour, effective 10/2/2017. • Move Jenna Reid to part-time Concessions Attendant, grade 5, step 1, $11.26 per hour, effective 9/10/2017. Replacement position. • Move Madison Selk to Recreation Assistant (lateral move), effective 9/10/2017. Replacement Position. • Move Ryleigh Ellingsen to Recreation Assistant, grade 7, step 1, $12.43 per hour, effective 9/10/2017. Replacement Position. • Hire Angie Faulkner as a part-time Library Page, grade 1, step 1, $9.24 per hour, effective 8/22/2017. Replacement position. D. Add the following to the 2017 Fire Department Volunteer list: William Wenzel and John Tollison. E. Approve the following Brown Bag Permits: FACILITY APPLICANT EVENT DATE  Pavilion Trent Walters wedding *8/18&19/17 Indian Springs Mariangela Cortez wedding 9/23/17 *indicates an event that was administratively approved F. Approve the following Special Event Permits: • Dakota Five-O Pre-Party – Applicant Spread the Tunes: Zac Eixenberger – Friday Sept. 1st 5-10pm – Grant St. between Main & Fifth St. • Holidazzle Parade – Applicant Mistie Caldwell – Dec. 2nd 6-7pm – Rec Center to Grant • Harvest Fest – Applicant Spearfish Downtown Business Association – Sept. 23rd - 7am – 5pm – 600 Block Main St. G. Approve Minutes of City Council Regular Session dated August 7, 2017. H. Accept Monthly Financial Reports dated July 31, 2017. HUMAN RESOURCES Hire – Schmit moved, Lee seconded and all voted to hire Jessica Mollman as full-time Recreation Administrative Assistant (benefit-eligible), grade 12, step1, $15.91 per hour, effective 8/22/2017. Replacement position. HEARINGS Hearing – Mayor Boke opened a public hearing at 5:32 PM to consider a special malt beverage license for Zac Eixenberger with Spread the Tunes for Dakota 5-0 Pre Party on September 1st from 5:00 p.m. to 10 p.m. at Grant St between 5th and Main St. There were no oral or written comments and the public hearing closed at 5:32 PM. Lee moved, Hodgs seconded and all voted to approve the license. ORDINANCES AND RESOLUTIONS Ordinance 1263 – Klarenbeek moved, Jacobs seconded and all voted to approve Second Reading of Ordinance 1263 – Amending Chapter 4 Alcohol - Brown Bag Permits. Resolution 2017-25 – Jacobs moved, Klarenbeek seconded and all voted to approve Resolution 2017-25 - Setting Fee for Brown Bag permit. RESOLUTION 2017-25 A RESOLUTION TO SET FEES CHARGED BY THE CITY BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPEARFISH, SOUTH DAKOTA that the following fees shall be amended and/or charged by the City of Spearfish: CURRENT AMENDED/NEW ITEM AREA FEE DESCRIPTION AMOUNT AMOUNT NEW Removed FINANCE Brown Bag Permit – per day 25.00 $40.00 from ordinance  Adopted this 21st day of August, 2017 CITY OF SPEARFISH ____________________________________ Dana Boke, Mayor ATTEST: ___________________________________ David H. Dutton, Finance Officer (SEAL) Adopted: August 21, 2017 Published: August 25, 2017 Effective: September 14, 2017 Published once at the approximate cost of ________. Ordinance 1264 – Schmit moved, Jacobs seconded and all voted to approve Second Reading of Ordinance 1264 - 201 supplement for transfer to Airport Fund Resolution 2017-26 – Schmit moved, Jacobs seconded and all voted to approve Resolution 2017-26 - A Resolution of Intent to enter into a lease concerning the Black Hills Energy Sports Complex and setting a public hearing for September 5, 2017. RESOLUTION 2017-26 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE BLACK HILLS ENERGY SPORTS COMPLEX WHEREAS, SDCL § 9-12-5.2 authorizes the City of Spearfish to lease municipally owned property, and WHEREAS, the Common Council of the City of Spearfish intends to enter into a lease agreement with Diamond Enterprises, LLC to lease the Black Hills Energy Sports Complex for certain baseball games and events, and WHEREAS, a copy of such lease agreement is on file in the Finance Office and available for public inspection, NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish that the Council intends to enter into such lease and a public hearing for considering the same shall be conducted at 5:30PM on September 5, 2017. Dated this 21st day of August, 2017. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ David H. Dutton, Finance Officer Adopted: August 21, 2017 Published: September 1, 2017 Effective: September 21, 2017 Published once at the approximate cost of ________. Resolution 2017-27 – Schmit moved, Jacobs seconded and all voted to approve Resolution 2017-27 - Levying an Annual Special Maintenance Fee for Street Surfaces. RESOLUTION 2017-27 A Resolution Levying an Annual Special Maintenance Fee for Street Surfaces WHEREAS, well-maintained public streets are necessary for the health, safety, and welfare of the citizens of the City of Spearfish; and WHEREAS, the Common Council of the City of Spearfish has determined that it is in the best interests of the City of Spearfish and its citizens to regularly inspect, maintain, and resurface its public streets and not permit Spearfish’s infrastructure to deteriorate to the point of failure; and WHEREAS, SDCL § 9-43-76 authorizes the City of Spearfish to levy special assessments for local improvements, such as public streets, on private properties benefiting from those public improvements; and WHEREAS, the City of Spearfish has, in the past, levied special assessments on private property adjoining public streets to resurface, repair, and reconstruct those streets; and WHEREAS, SDCL § 9-43-138 authorizes the City of Spearfish to levy, for the purpose of maintaining or repairing public improvements, an Annual Special Maintenance Fee upon the lots fronting and abutting any municipally-maintained public improvements within the City of Spearfish; and WHEREAS, in the judgment of the Common Council of the City of Spearfish, residents of the City of Spearfish prefer to pay an Annual Special Maintenance Fee for the purpose of maintaining or repairing public improvements, as is specifically authorized by statute, as opposed to a much larger special assessment as specific streets are repaired or reconstructed; NOW THEREFORE, the Common Council of the City of Spearfish makes the following legislative findings: 1. It is in the best interests of the City of Spearfish and its citizens for the City of Spearfish to complete regular and frequent street maintenance and resurfacing projects; and 2. Assessing an Annual Special Maintenance Fee permits the City of Spearfish to complete regular and frequent street maintenance and resurfacing projects; and 3. Regularly inspected, maintained, and resurfaced streets generally benefit every property within Spearfish, every resident of Spearfish, and user of streets within Spearfish; and 4. Properties fronting and abutting regularly inspected, maintained, and resurfaced streets receive an actual, physical, and material special benefit over and above the general benefit conferred on all persons and properties, to include: a. The convenience of not having the street(s) abutting one’s property deteriorate to the point of requiring major reconstruction as opposed to merely minor resurfacing or routine maintenance; b. Reduced wear and tear on personal vehicles caused by frequent trips on a poorly maintained street abutting one’s property; c. Enhanced aesthetics, curb appeal, marketability, and property value; d. The future benefit of replacing, resurfacing, and maintaining a street before the end of its useful life; e. The future benefit of preventing a loss in value associated with a poorly maintained street; and f. Preventing, through inspection, maintenance, and repair, damage to private property resulting from settled or heaved curbs and water flow. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that all taxable real property parcels fronting and abutting a city street shall be assessed a special front foot fee of forty (40) cents per front foot; and BE IT FURTHER RESOLVED that forty (40) cents per front foot is the amount determined by the Common Council of the City of Spearfish to be the amount of the special benefit conferred upon the assessed properties over and above the general benefit; and BE IT FURTHER RESOLVED that no taxable real property parcel fronting and abutting a city street shall be assessed more than forty dollars, annually per platted lot; and BE IT FURTHER RESOLVED that the City Administrator of the City of Spearfish, Lawrence County, South Dakota, be and the same is hereby instructed to direct the Director of Equalization to add the fee to the general assessment against all taxable real property parcels; and BE IT FURTHER RESOLVED that the Finance Officer of the City of Spearfish, certify the fee together with the regular assessment to the County Auditor to be collected as municipal taxes for general purposes. Dated this 21st day of August, 2017. CITY OF SPEARFISH By: ______________________ Dana Boke, Mayor ATTEST: __________________________________ David H. Dutton, Finance Officer (SEAL) Adopted: August 21, 2017 Published: September 1, 2017 Effective: September 21, 2017 Published once at the approximate cost of ________. PUBLIC WORKS Lease Renewal – Klarenbeek moved, Lee seconded and all voted to approve the Northern Hills R/C Flyers lease agreement renewal. Project Final – Lee moved, Jacobs seconded and all voted approval for final Under/Over Change Order (1) for 2017 Old Town Sanitary Sewer Trunk Line Extension project-Phase 2 for an increase of $18,301.28, bringing the total cost to $205,305.10 and authorized the Mayor to sign the Certificate of Final Completion and Acceptance setting August 21, 2017 as the date the two-year warranty begins. Purchase – Lee moved, Schmit seconded and all voted to purchase three trucks from Federal Surplus Property at a cost of $80,750.00 - (2011 Dodge Ram 3500, 2011 Chevrolet 2500, and 2013 Ford F350. 2018 Budget plan for Motorpool, Hydro and Water. Chip Seal – Schmit moved, Jacobs seconded and all voted to accept proposal from Hills Materials for Chip Sealing Project. Project will consist of a chip seal and fog seal of 10th St. and WWTP access road. Cost Proposal is $48,411.38. POLICE Purchase – Schmit moved, Jacobs seconded and all voted to purchase Crime Eye RD2 mobile surveillance camera from Convergint Technologies at a cost of $15,628.52. Budgeted in 2nd Penny. PARKS AND REC Purchase – Lee moved, Jacobs seconded and all voted to purchase and have installed 12 mirrors for the Multipurpose Room at a cost of $4,945.00 From the Glass Shop. Two Bids were received (both local) with Glass Shop having the lowest proposal. This is not a budgeted item but $50,000 was budgeted for the flooring replacement and that project was completed at a cost of $27,410.25 leaving $22,589.75 available. Added - Special Event – Jacobs moved, Hodgs seconded and all voted to approve a special event permit for Spearfish Bike Week and Community Ride & Barbeque on Sunday, August 27th from 4:00-8:00 PM. Bill List – Klarenbeek moved, Jacobs seconded and all voted to approve the Bill List dated August 21, 2017. VENDOR DESCRIPTION AMOUNT A&B BUSINESS INC PAPER/FOLDERS/COPIER LEASES $ 2,608.72 ADVANCED ENGINEERING & ENV 2017 CREEK FLOODPLAIN STUDY $ 16,395.00 AINSWORTH-BENNING INC PR#1 ATLAS BUILDING PHASE 3 $ 363,916.39 ALPINE IMPRESSIONS T SHIRTS & FIRE DEPT CLOTHING $ 2,017.02 AMERICAN ENGINEERING TESTING 2017 SEWER PROJ TESTING/ADMIN $ 1,109.90 AMERICAN LEGAL PUBLISHING ORDINANCE SUPPLEMENT PAGES $ 355.16 AMERICAN PLANNING ASSOC ANNUAL MEMBERSHIP-WATSON $ 529.00 APLAND, MIKE 2017 RALLY PER DIEM $ 239.00 ARCTIC GLACIER USA INC CAMPGROUND ICE $ 1,079.44 ATCO INTERNATIONAL SUPPRESS $ 448.00 AXON ENTERPRISES INC BATTERY PACKS/CARTRIDGES $ 2,099.08 BAKER & TAYLOR MEDIA/BOOKS $ 815.68 BELLE FOURCHE LANDFILL JUL 2017 LANDFILL FEES $ 23,394.69 BICKLE TRUCK & DIESEL INC REFUSE TRUCK REPAIR $ 3,686.24 BLACK HILLS CHEMICAL CORP FOAM GUN/CLEANERS/GLOVES/TISSUE/TOWELS $ 2,656.99 BLACK HILLS ENERGY ELECTRICITY $ 23,842.96 BLACK HILLS LIBRARY CONSORT ANNUAL CONTRACT $ 6,530.41 BLACK HILLS OCCUPATIONAL MED DOT SCREENING $ 150.00 BLACK HILLS PIONEER ANNUAL RENEWAL & MARKETING-REC CENTER $ 721.50 BLACK HILLS PURE INC WATER/COOLER RENTAL $ 57.00 BOHLINGER, JOHN R WILDLAND TRAVEL PER DIEM $ 601.00 BRADLEY, HUNTER ACADEMY TNG-PER DIEM/MILEAGE $ 1,036.08 BROCK WHITE COMPANY LLC DUCKBILL/ALTERNATOR/WAND ASSYS/REPAIRS $ 3,063.48 BUTLER MACHINERY CO HINGE ASSY/REPAIRS/SENSOR $ 1,260.15 CASH-WA DISTRIBUTING CO CONCESSIONS $ 3,791.13 CBH COOPERATIVE JUL 2017 BULK FUEL CONTRACT $ 19,063.60 CENGAGE LEARNING BOOKS $ 109.46 CENTURYLINK INC AUG 2017 CIRCUITS & E911 $ 1,207.12 CITY OF SPEARFISH CREDIT CARDS TRAVEL/SERVICES/SUPPLIES/TRAINING/FUEL/TOOLS $ 2,967.19 CLARK PRINTING CORP A/P CHECKS $ 271.80 DG INVESTMENT INTERMEDIATE REPAIR ALARM PANEL $ 221.94 CVD CONSTRUCTION INC REMOVE 4BAY CONCRETE $ 900.00 DAKOTA TITLE LLC MCLAUGHLIN LAND EARNEST MONEY $ 500,000.00 DEMCO INC COVERS/RECEIPTS/TAGS/CASES $ 665.84 NORTHERN HILLS VENTURES INC UPDATE WEBSITE MANUAL $ 292.50 ECOLAB PEST ELIMINATION PEST CONTROL $ 225.63 EDDIE'S TRUCK CENTER INC REPAIRS/PARTS/PUMPS/SWITCH/ISOLATORS $ 664.74 FASTENAL CO HARDWARE $ 439.38 STERN, NATHAN FOOT DARTS $ 550.00 GALLS LLC EXCHANGE TRAFFIC WANDS $ 7.04 VIEHAUSER ENTERPRISES LLC LOCK REPAIRS/LOCK/KEYS $ 222.98 GRAINGER INC NO SMOKING SIGNS $ 20.75 HAGEMAN, THOMAS WILDLAND TRAVEL PER DIEM $ 685.00 HAWKINS INC AZONE/BLEACH/ALKALI/ACID/BIO BLEND $ 8,036.63 HD SUPPLY WATERWORKS LTD NOZZLES/HYDRANT GREASE/HYDRANT EXT $ 2,381.10 HEARTLAND PAPER CO VAC SACKS/TOWELS/TISSUE/DUSTERS $ 611.46 HEIMAN FIRE EQUIPMENT INC FOAM $ 4,653.60 SIMON CONTRACTORS OF SD ROADSTONE-SMS STORMWATER $ 260.07 IAED DISPATCH TRAINING $ 130.00 JUNEK'S SERVICE CORP CHECK STEERING & FLASH UPDATES $ 43.60 KETEL THORSTENSON LLP 2016 AUDIT PROGRESS BILLING $ 2,750.00 GRAY TELEVISION GROUP INC REC CENTER MARKETING $ 325.00 KEYSTONE RIDGE DESIGNS MEMORIAL BENCH-HUNT $ 1,959.00 BETHESDA CHRISTIAN BROADCAST REC CENTER RADIO ADS $ 250.00 KT CONNECTIONS UPS/FORTINET/BATTERY MODULES $ 1,590.00 LADNER EXCAVATING & TRENCH SEWER REPAIR PARTS & MATERIELS $ 1,800.00 LEWIS, GLEN E 2017 BOOT ALLOWANCE $ 100.00 MATHIS JR, ROBERT WILDLAND TRAVEL PER DIEM $ 685.00 MATTHEWS INTL CORP BRONZE PLAQUE-MCCUE $ 125.48 MICHAEL TODD & CO BRUSHES/HAND TAPERS $ 186.86 MIDCO CAMPGOUND/AIRPORT/REC CENTER SERVICES $ 1,069.90 MIDCONTINENT TESTING LAB LAB TESTS $ 1,231.60 MIKKELSON, SCOTT 2017 RALLY PER DIEM & MILEAGE $ 276.38 MONTANA-DAKOTA UTILITIES NATURAL GAS $ 5,422.79 MURPHY PETROLEUM TRANSPORT USED OIL DISPOSAL $ 140.00 MURPHY, JOHN 2017 RALLY PER DIEM/LODGING/MIL $ 760.27 MUTSCHLER, KEITH 2017 RALLY PER DIEM/LODGING/MILE $ 752.12 GALLS, LLC BODY ARMOR/POLOS/PANTS/CAPS $ 1,174.39 NORTHERN HILLS TRNG CENTER JANITOR/LAWN CARE SERVICES $ 4,074.86 NIHCA ANNUAL MEMBERSHIP $ 99.00 NORTHERN TRUCK EQUIPMENT SWITCH $ 349.00 OFFICE TECH & SUPPLY RUBBER STAMPS/FLAGS/TABS/PAPER $ 98.26 PRO WINDMILL INC DEODORIZER SERVICE $ 123.00 PENGUIN RANDOM HOUSE INC CDs $ 30.85 PHAZE ELECTRIC INC PULL WIRE $ 308.57 PETTY CASH P&Z-WELLS FARGO PLAT FEES $ 122.00 PRECISION MECHANICAL LLP REPAIR AIR CONDITIONING $ 107.50 GARY R WALZ CLEAN LIBRARY CARPET-UPHOLSTRY $ 1,000.00 QUIK SIGNS INC SIGNS/KIOSK SIGNS $ 614.55 RAPID CONSTRUCTION CO LLC FINAL PR PH2 2017 SEWER PROJ $ 10,446.06 REC CENTER REFUND ACCOUNT VARIOUS REC CENTER REFUNDS $ 923.08 RECREATION SUPPLY CO POOL TESTING SUPPLIES $ 126.12 RICHARD PLUIMER, PROF. LLC JUL 2017 ATLAS BLDG LEGAL FEES $ 500.00 RICHARDSON, SHANE M WILDLAND TRAVEL PER DIEM $ 89.00 ROOSEVELT PARK ICE ARENA SUMMER REC ADMISSIONS $ 115.00 SAND CREEK PRINTING CORP PARKING WARNING TICKETS $ 275.00 SDRS SPECIAL PAY PLAN SPECIAL PAY PLAN-KLAPPERICH $ 45.00 SERVALL TOWEL & LINEN FLUSHER/UNIFORM/MOP/MAT RENTAL $ 1,224.33 SHARKEY PLUMBING HEATING REPAIR TOILET $ 136.22 SHERWIN WILLIAMS CO PAINT $ 918.41 SHS BOOSTER CLUB REC CENTER SPORTS PROGRAMS $ 290.00 PETERSON CONSULTANTS INC REC CENTER MARKETING $ 225.00 SOCIETY FOR HUMAN RESOURCES ANNUAL MEMBERSHIP-FRIEDEL $ 199.00 SOUTH DAKOTA ONE CALL JUL 2017 MESSAGE FEES $ 134.40 SDPA 2 YEAR DUES-WATSON & DAVIS $ 100.00 SPEARFISH AMBULANCE SERV FD AEDs FROM DONATION/AED SMART PADS $ 6,467.37 VIVI BENE INC AIRPORT & STREET LIGHT REPAIRS/CAMPG BREAKER $ 4,999.45 STATE OF SD-EXECUTIVE MGMT JUN 2017 WWTP CENTREX $ 13.01 NELSON, TOM 50% 2017 FESTIVAL SERVICES $ 425.00 VANCE, TYLER CURB & GUTTER-STATE & DAKOTA $ 3,998.40 THOMPSON, JOSH 2017 RALLY PER DIEM $ 239.00 THOMSON REUTERS WEST JUL 2017 WEST LAW $ 430.45 TTG ENTERPRISES REPAIR SWITCHES/ALARMS/FANS $ 1,082.50 USA BLUE BOOK BREAK AWAY LOCKS $ 166.13 CLARITY TELECOM LLC AUG 2017 CITY PHONES/INTERNET $ 2,873.36 VERIZON WIRELESS AUG 2017 CITY CELL PHONES $ 3,675.39 W W WHEELER & ASSOC INC HYDRO PENSTOCK ENGINEERING $ 4,338.94 WENZEL, WILLIAM W WILDLAND TRAVEL PER DIEM $ 100.00 WEST TIRE & ALIGNMENT INC LARGE BORE CAPS $ 27.00 WESTERN COMMUNICATIONS CHARGER/BELT CLIP $ 365.00 INTEGRITY ACQUISITION LLC ALIGNMENT/MOULDING $ 295.07 ** TOTALS** $ 1,079,804.52 APPROVAL INITIALS Mayor Boke Marty Clark - Absent Dan Hodgs Pam Jacobs Larry Klarenbeek John Lee Doug Schmit FYI – Reminder: Upcoming budget meetings/special sessions: • Monday, August 21st after City Council Regular Session – Personnel/General Fund/Grants • Thursday, August 24th at 5:30pm – Enterprise/Capital/Special Revenue Funds • Tuesday, August 29th after Public Works Committee Meeting – Final updates & wrap-up Schmit moved, Jacobs seconded and all voted to adjourn into Executive Session for legal counsel regarding contractual matters pursuant to SDCL 1-25-2 (3) at 5:55PM. Council returned to Regular Session at 6:08 PM. There being no further business before the Council Jacobs moved, Lee seconded and all voted to adjourn at 6:09 PM. Dated this 21st day of August, 2017. CITY OF SPEARFISH BY: ____________________________ Dana Boke, Mayor ATTEST: _________________________________ David H. Dutton, Finance Officer Published once at the approximate cost of ________.