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City Council

Regular Meeting

Spearfish, SD · July 2, 2018

AgendaMinutes

Minutes

Spearfish City Council Regular Session Minutes July 2, 2018 The Spearfish City Council met at 5:30 PM on Monday, July 2, 2018. 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: Clark, Hodgs, Klarenbeek, Lee and Martin. Jacobs was absent. Also present: City Administrator Harmon, City Planner Watson, Finance Officer Dutton, City Attorney Davis, Police Chief Rotert, Fire Chief Sachara, Finance Admin Assistant Weber, City Engineer Mathis, Assistant City Planner Mayo, Police Lieutenant Dean, Recreation Facility Maintenance Coordinator Alderman, Parks and Recreation Director Mader and Legal Intern Moeller. Hodgs moved, Klarenbeek seconded and all voted to approve the Order of Business. There were no declarations of any potential conflicts-of-interest. Consent Agenda – Hodgs moved, Clark seconded and all voted to approve the Consent Agenda as follows: A. Approve Minutes of City Council Regular Session dated June 18, 2018. B. Accept Monthly Financial Reports dated May 31, 2018 LICENSE HEARINGS Licenses – Mayor Boke opened a public hearing at 5:31 PM to consider an application from Erich Orris with Dakota Seafood for an on-off sale malt beverage & on-off sale wine license located at 741 Main St., Suite #110. There were no oral or written comments and the public hearing was closed at 5:31 PM. Clark moved, Hodgs seconded and all voted to approve the licenses. Transfer Licenses – Mayor Boke opened a public hearing at 5:32 PM to consider an application from Thomas Brown with BW Gas & Convenience Retail for the transfer of a package off-sale liquor, on-off sale malt beverage, and on-off sale wine license from Chris Schwartz with Fresh Start Convenience Store located at 2728 1st Ave. There were no oral or written comments and the public hearing was closed at 5:32 PM. Clark moved, Lee seconded and all voted to approve the license transfers. PUBLIC WORKS Proposals – Hodgs moved, Klarenbeek seconded and all voted approval of FMG Engineering proposal for consulting work involving a Feasibility Study for a Shared Use Community Path that will link the Exit 8 Development area to the existing Spearfish path system at a cost not to exceed $30,715.00. Lee moved, Clark seconded and all voted to reject (deny) proposal for the Green Acres Subdivision Area Feasibility Study that would link Roughlock Lane path to the Exit 14 path at a cost not to exceed $20,233. Change Order – Clark moved, Lee seconded and all voted approval for final Under/Over Change Order (1) for the Sandstone Park Rec Path Extension Project for an increase of $2,361.26, bringing the final project cost to $66,242.01. Clark moved, Klarenbeek seconded and all voted to authorize the Mayor to sign the Certificate of Final Completion and Acceptance setting July 2, 2018 as the date the 2 year warranty begins. Grant Application - The Parks and Recreation Department requests permission to submit a Letter of Intent to apply for a Transportation Alternative grant through the South Dakota Department of Transportation. City will request up to $400,000 in grant funding, of which the City will be responsible for an 18.05% match. Klarenbeek moved, Lee seconded and all voted to grant permission to proceed. FINANCE Alcohol Sales – Klarenbeek moved, Lee seconded and all voted approval to allow the sale of liquor on Christmas Day as this State legislative change is effective July 1st. Transfer – Lee moved, Martin seconded and all voted to approve transfer of $143,760.00 from 201-Second Penny Sales Tax Fund to 606-Airport Fund. Transfer is budgeted. Resolution 2018-14 – Klarenbeek moved, Hodgs seconded and all voted approval for Resolution 2018-14 - A Resolution Authorizing an Audit of Baymont by Wyndham Spearfish. RESOLUTION 2018-14 A R ESOLUTION A UTHORIZING AN A UDIT OF B AYMONT BY W YNDHAM S P E A R F I S H W H E R E A S , the City of Spearfish has adopted Ordinances that established a Business Improvement District and enacted a general occupation tax on lodging establishments within the District; and W H E R E A S , Ordinance No. 2006-1033 specifically permits the City of Spearfish or any individual firm designated by the City of Spearfish the right to at any time, with reasonable notice, audit the books, ledgers, daily reports, or franchise reports of any lodging establishment within the Business Improvement District to ensure that the occupation tax has been properly and fully remitted; N O W , T H E R E F O R E , B E I T R E S O L V E D by the Common Council of the City of Spearfish that the books, ledgers, daily reports, or franchise reports of the Baymont by Wyndham Spearfish from January 2017 through the present shall be audited; and furthermore be it resolved by the City of Spearfish that the audit shall be performed by City Finance Officer David Dutton and assisted by City Finance Office staff. Dated this 2nd day of July, 2018. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, Its Mayor Attest: ________________________________ David H. Dutton, Finance Officer Adopted: July 2, 2018 Published: July 13, 2018 Effective: August 2, 2018 Resolution 2018-15 – Clark moved, Lee seconded and all voted to approve Resolution 2018-15 - A Resolution Adopting Rules of Procedure for Public Comment Periods at Official Meetings. RESOLUTION 2018-15 A R ESOLUTION A DOPTING R ULES OF P ROCEDURE FOR P UBLIC C O M M E N T P ERIODS AT O FFICIAL M EETINGS W H E R E A S , SDCL § 1-25-1 provides that the chair of a public body shall reserve a period for public comment at every official meeting of such public body; and W H E R E A S , certain rules and procedures are necessary to ensure the efficient and orderly conduct of official meetings; N O W , T H E R E F O R E , B E I T R E S O L V E D by the Common Council of the City of Spearfish that the following rules of procedure for public comment periods at official meetings are hereby established and adopted for all public meetings: 1. At the end of every public meeting, ten (10) minutes shall be reserved for public comment. 2. During the public comment period, any person may approach the podium and ask to be recognized by the chair. Upon being recognized, the speaker shall state his or her name and address and shall have two (2) minutes in which to address the public body. 3. No action may be taken on any issue raised during the public comment period, but any issues raised may be added by the body to a future agenda for potential action. 4. The chair shall have the authority to interpret and apply these rules and may make reasonable deviations or grant reasonable exceptions if he or she determines it to be in the public interest to do so. Dated this 2rd day of July, 2018. C ITY OF S P E A R F I S H By: ____________________________ (Seal) Dana Boke, Its Mayor Attest: ________________________________ David H. Dutton, Finance Officer Adopted: July 2, 2018 Published: July 13, 2018 Effective: August 2, 2018 Window Hours – Lee moved, Hodgs seconded and all voted to approve change in Finance Office hours for open window from 8:00am-5:00pm to 8:00am-4:30pm. Staff will still work 8:00am-5:00pm and phones will be live during that time. PLANNING AND ZONING Resolution 2018-13 – Lee moved, Hodgs seconded and all voted to approve Resolution 2018-13 - Vacate a portion of a drainage easement on Lot 3, Block 1 of the Dodds Subdivision. RESOLUTION 2018-13 A RESOLUTION EXTINGUISHING AND VACATING A PORTION OF A PERMANENT DRAINAGE EASEMENT BE IT RESOLVED by the Common Council of the City of Spearfish that the portion of the permanent drainage easement granted to the City of Spearfish by Plat Document No. 2009-6726 on the following described real property situated in Spearfish, South Dakota: Lot 3 of Block 1 of the Dodds Subdivision to the City of Spearfish, Lawrence County, South Dakota, Section 18, T6N, R3E, BHM, as shown on Plat Document No. 1990-806 recorded in the Office of the Lawrence County Register of Deeds, Illustrated and described by the map attached hereto as Exhibit A, is hereby VACATED AND EXTINGUISHED. Adopted this 2nd day of July, 2018. ________________________________ Dana Boke, Mayor (seal) ATTEST: ____________________________ David H. Dutton, Finance Officer Passed: July 2, 2018 Published: July 13, 2018 Effective Date: August 2, 2018 Bill List – Clark moved, Hodgs seconded and all voted to approve the Bill List dated July 2, 2018. VENDOR DESCRIPTION AMOUNT 2XL CORPORATION SANITIZER $ 387.81 A&B BUSINESS INC COPIER LEASES/PAPER/FOLDERS $ 1,642.29 ADVANCED ENGINEERING & ENV JACKSON BLVD & SEWER PROJ ENGINEERING $ 17,504.76 ALPINE IMPRESSIONS T SHIRTS $ 588.00 AMERICAN LEGION FLAG & EMB US FLAGS $ 69.65 AMERICAN RED CROSS LIFEGUARDING REVIEWS $ 108.00 APPLIED CONCEPTS INC PD MESSAGE TRAILER $ 18,118.00 ASHWORTH, BRAYDEN A WILDLAND TRAVEL PER DIEM $ 100.00 AXON ENTERPRISES INC TASER ASSURANCE PLANS $ 2,320.00 BAKER & TAYLOR MEDIA/BOOKS $ 360.30 BLACK HILLS ENERGY ELECTRICITY $ 27,470.16 BLACK HILLS STATE UNIV JUN 2018 NEWSLETTER/BILLINGS $ 455.50 BOMGAARS SUPPLY INC TOOLS/REPAIRS/SUPPLIES $ 910.30 BUTLER MACHINERY CO SPRAY GUN/REPAIRS $ 940.35 BUTTE ELECTRIC COOP ELECTRICITY $ 57,148.43 CENGAGE LEARNING BOOKS $ 196.43 CITY OF SPEARFISH CREDIT CARDS TOOLS/REPAIRS/SUPPLIES/SAFETY/UNIFORMS $ 887.30 CLAIMS ASSOCIATES INC ACCIDENT DEDUCTIBLE $ 1,000.00 CLIMATE CONTROL SYSTEMS REC CTR MAINTENANCE CONTRACT $ 3,308.00 LAACKE & JOYS CO LLC FOOT RING $ 70.88 CORE & MAIN LP METERS $ 27,742.00 CROP PRODUCTION SERVICES TURF CARE TREATMENT/ROUNDUP $ 1,190.08 CUNNINGHAM RECREATION EXPRESSION SWING-KJW GRANT $ 3,556.89 DAKOTA BUS SERVICE CORP SUMMER REC BUSSING $ 750.00 DAVIS, ERIC TRAVEL MILEAGE & PER DIEM $ 351.08 DIVISION OF MOTOR VEHICLES TRUCK & TRAILER TITLES $ 46.40 MEDNANSKY, DOUGLAS LEDs $ 2,628.00 EDDIE'S TRUCK CENTER INC 2019 TRUCK/REPAIR PARTS $ 172,936.06 ENTENMANN-ROVIN POLICE BADGES $ 436.50 GALLS LLC FD PARKAS/POLICE UNIFORMS & EQUIP $ 7,208.64 GRAINGER INC BEAD DISPENSER & NOZZLES $ 341.99 GRAYBAR ELECTRIC COMPANY AIRPORT LEDS $ 1,189.16 GREAT WESTERN TIRE INC TIRES/TIRE REPAIRS $ 1,253.65 HAUCK ELECTRIC & CONTROLS REPAIR ELKHORN LIFT A $ 306.00 HAWKINS INC AZONE/BLEACH/CHLORINE/ACID/AQUAHAWK $ 10,989.71 HEARTLAND PAPER CO VAC REPAIRS/CLEANER/TOWELS/BATTERIES $ 616.81 HEISLER HARDWARE TOOLS/REPAIRS/SUPPLIES/HARDWARE $ 672.73 HEMEYER CONSTRUCTION PR#2-FINAL:SANDSTONE REC PATH $ 56,855.50 HERSRUDS OF STURGIS CUTTER BLADES $ 348.00 INTERNATIONAL CODE COUNCIL MEMBERSHIP-PAISLEY $ 135.00 ICMA REGISTRATION-MIKE HARMON $ 710.00 JENNER EQUIPMENT CO REPAIR PARTS $ 774.10 KT CONNECTIONS PD 2ND ADMIN COMPUTER/REPAIR PRINTER $ 1,123.00 LAWRENCE COUNTY HWY DEPT MAG CHLORIDE APPLICATION $ 12,763.32 MATHIS JR, ROBERT WILDLAND TRAVEL PER DIEM $ 100.00 MEREDITH SERVICES CO INC REPAIR WATER LINE@ MEIER AVE $ 3,300.00 MINITEX LIBRARY INFORMATION BARCODE LABELS $ 111.00 OFFICE TECH & SUPPLY ORDINANCE & MINUTES BOOKS $ 580.18 PRO WINDMILL INC PEST CONTROL $ 535.00 ONE TIME VENDORS CAMPGROUND REFUNDS $ 330.00 3BG LLC 2 ELEMENTS $ 50.38 PETTY CASH P&Z-WELLS FARGO PLAT FEES $ 310.00 QUALITY TINTS COMMERCIAL WINDOW TINTS $ 154.56 RAMKOTA HOTEL - PIERRE LODGING $ 190.00 RAPID CONSTRUCTION CO LLC PR#2 2018 SEWER PROJECT $ 56,115.47 REED, THERESA DAWN JUN 2018 DOWNTOWN RR CLEANING $ 450.00 ROCKINGTREE FLORAL/GARDEN ROSES/PLANTS $ 292.45 KEVIN BLOOM FLOORING REPLACEMENT $ 3,668.50 RUSHMORE ELECTRIC POWER CO SCADA SYSTEM SERVICE $ 115.00 SAFEWAY STORES INC CREAMER $ 31.03 SAND CREEK PRINTING CORP LIBRARY APPLICATION CARDS $ 80.00 SCOTT PETERSON MOTORS INC REPAIR PD4 & PD6 $ 498.04 SDML TRAINING REGISTRATIONS-G MARTIN $ 75.00 SDPAA ADD NEW 2019 TRUCK-INSURANCE $ 909.28 SHARKEY PLUMBING HEATING SINK REPAIR-SNAPPERS $ 1,204.07 SHERWIN WILLIAMS CO STREET PAINT $ 2,794.56 SIMON CONTRACTORS OF SD AIRPORT WATER LINE SAND $ 239.85 CHRISTOPHER L POWELL DOWNTOWN STREETSCAPE MAINT $ 955.43 SOUTH DAKOTA DENR 2018 DRINKING WATER & WWTP FEE $ 2,650.00 SPEARFISH AUTO SUPPLY TOOLS/REPAIRS/CHEMICALS/SUPPLIES $ 4,215.03 VIVI BENE INC HANSON & YUKON LIFT REPAIRS $ 171.42 GUDAHL INVESTMENTS LLC PAINT POURER $ 6.28 SUNSHINE TOWING TOW GARBAGE TRUCK TO SHOP $ 208.00 SYSCO FOOD SERVICES OF MT CONCESSIONS $ 2,050.99 THE ICE MAN LLC INC CAMPGROUND ICE $ 227.70 TNEMEC CO INC EPOXOLINE $ 209.00 TRANSOURCE TRUCK & EQUIPMENT GLOW PLUGS $ 190.82 TYLER TECHNOLOGIES INC SOFTWARE MAINTENANCE & ONLINE FEES $ 19,706.94 USA BLUE BOOK STORMWATER TESTING/MONITORING $ 5,988.89 CLARITY TELECOM LLC JUN 2018 CITY SERVICES $ 3,299.50 VERMEER HIGH PLAINS CUTTER TOOTH DOUBLE EDGE $ 150.08 VISIT SPEARFISH INC JUL 2018 HOTEL BID SUPPORT $ 13,335.00 WALMART COMMUNITY/GEMB TOOLS/SUPPLIES/CITY HALL PLANTS $ 1,859.84 WENZEL, WILLIAM W WILDLAND TRAVEL PER DIEM $ 100.00 WESTERN HILLS HUMANE SCTY QUARTERLY KENNEL & ALLOCATION $ 3,750.00 WHISPERING PINES VFD RFP DIST E6-12 TRUCK EQUIPMENT $ 5,000.00 INTEGRITY ACQUISITION LLC VEHICLE REPAIRS $ 833.26 WHITE'S QUEEN CITY MOTORS SHAFT $ 112.14 WS DARLEY & CO FEMALE SWIVEL JOINT $ 115.29 XYLEM WATER SOLUTIONS USA WIPER HOLDER $ 1,058.56 ZUERCHER TECHNOLOGIES LLC ATTORNEY CASE VIEW PORTAL $ 5,366.00 ** TOTALS ** $ 582,205.32 June 2018 Salary Expense & Credit Card Fees Gross Wages/Benefits Mayor/Council $3,698.36 0.51% City Administrator 10,449.01 1.43% City Attorney 4,896.21 0.67% Finance 15,512.09 2.12% Human Resources 4,872.82 0.67% Gov't Bldgs 29,106.92 3.98% PW Admin 12,226.73 1.67% Police 135,289.30 18.51% Fire 21,520.34 2.94% Bldg Inspect 16,272.68 2.23% Streets 22,496.59 3.08% Snow Removal 197.40 0.03% Cemetery 10,593.21 1.45% Animal Control 2,540.05 0.35% Recreation/Aquatic 106,277.43 14.54% Spectator Recreation 7,658.57 1.05% Parks 22,524.09 3.08% Library 23,377.84 3.20% Plan & Zone 17,990.36 2.46% Motor Pool 12,668.20 1.73% Wildland Fire 44,674.86 6.11% Police Comm 31,575.05 4.32% Water 29,074.02 3.98% Electric Production 22,777.96 3.12% Sewer 39,155.78 5.36% WWTP 34,411.22 4.71% Airport 5,897.26 0.81% Parking 316.38 0.04% Solid Waste 28,492.34 3.90% Campground 14,240.85 1.95% Totals $730,783.92 100.00% Credit Card Fees paid in June $4,688.57 Grand Total $735,472.49 APPROVAL INITIALS Mayor Boke Marty Clark Dan Hodgs Pam Jacobs - Absent Larry Klarenbeek John Lee George Martin Public Comment – Public Comment section was opened at 5:50 PM. There were none to offer public comment and section was closed. Hodgs moved, Clark seconded and all voted to adjourn to executive session to consult with legal counsel pertaining to a contract pursuant to SDCL 1-25-2(2). Council returned from Executive Session at 5:55 PM. There being no further business before the Council, Hodgs moved, Clark seconded and all voted to adjourn at 5:56 PM. Dated this 2nd day of July 2018. CITY OF SPEARFISH BY: ____________________________ Dana Boke, Mayor ATTEST: _________________________________ David H. Dutton, Finance Officer Published once at the approximate cost of ________.

Agenda

Spearfish City Council Regular Session - Agenda July 2, 2018 5:30 PM City Council Chambers, 625 5th Street, Spearfish There are public hearings scheduled for this meeting. If you wish to speak on either of these matters, please sign in at the front table prior to the meeting. Public comments are welcome; however, no action can be taken by the Council on comments received for items not on this agenda. Anyone wishing to have the Council consider a new item should complete a Citizen Request Form to be reviewed by administration. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE ORDER OF BUSINESS 5. DECLARATION OF ANY POTENTIAL CONFLICTS-OF-INTEREST 6. CONSENT AGENDA A. Approve Minutes of City Council Regular Session dated June 18, 2018. B. Accept Monthly Financial Reports dated May 31, 2018 7. LICENSE HEARINGS A. Public hearing to consider an application from Erich Orris with Dakota Seafood for an on-off sale malt beverage & on-off sale wine license located at 741 Main St., Suite #110. LFPS Committee recommended approval. B. Public hearing to consider an application from Thomas Brown with BW Gas & Convenience Retail for the transfer of a package off-sale liquor, on-off sale malt beverage, and on-off sale wine license from Chris Schwartz with Fresh Start Convenience Store located at 2728 1st Ave. LFPS Committee recommended approval. 8. PUBLIC WORKS A. Proposals: 1) Request approval of FMG Engineering proposal for consulting work involving a Feasibility Study for a Shared Use Community Path that will link the Exit 8 Development area to the existing Spearfish path system at a cost not to exceed $30,715.00. Proposal Review Committee and PW Committee both recommend approval. 2) Consider a proposal for the Green Acres Subdivision Area Feasibility Study that would link Roughlock Lane path to the Exit 14 path at a cost not to exceed $20,233. Proposal Review Committee and PW Committee both recommend to deny. B. Request approval for final Under/Over Change Order (1) for the Sandstone Park Rec Path Extension Project for an increase of $2,361.26, bringing the final project cost to $66,242.01. Also requesting the Mayor to sign the Certificate of Final Completion and Acceptance setting July 2, 2018 as the date the 2 year warranty begins. PW Committee recommended approval. C. The Parks and Recreation Department requests permission to submit a Letter of Intent to apply for a Transportation Alternative grant through the South Dakota Department of Transportation. City will request up to $400,000 in grant funding, of which the City will be responsible for an 18.05% match. PW Committee recommended approval. 9. FINANCE A. Request approval to allow the sale of liquor on Christmas Day – State legislative change is effective July 1st. LFPS Committee recommended approval. B. Approve transfer of $143,760.00 from 201-Second Penny Sales Tax Fund to 606-Airport Fund. Transfer is budgeted. LFPS Committee recommended approval. C. Resolution 2018-14 – A Resolution Authorizing an Audit of Baymont by Wyndham Spearfish LFPS Committee recommended approval. D. Resolution 2018-15 – A Resolution Adopting Rules of Procedure for Public Comment Periods at Official Meetings. LFPS Committee recommended approval. E. Approve change in Finance Office hours for open window from 8:00am-5:00pm to 8:00am-4:30pm. Staff will still work 8:00am-5:00pm and phones will be live during that time. LFPS Committee recommended approval. 10. PLANNING AND ZONING A. Resolution 2018-13 - Vacate a portion of a drainage easement on Lot 3, Block 1 of the Dodds Subdivision. LFPS Committee recommended approval. 11. APPROVE THE BILL LIST DATED JULY 2, 2018. 12. MAYOR AND COUNCIL A. Mayor and Council Board and Committee reports 13. DEPARTMENTAL DISCUSSION ITEMS 14. PUBLIC COMMENT 15. ADJOURN TO EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL PERTAINING TO A CONTRACT PURSUANT TO SDCL 1-25-2(2). 16. ADJOURNMENT ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

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