City Council

Spearfish City Council Regular Session Minutes May 20, 2019 The Spearfish City Council met at 5:30 PM on Monday, May 20, 2019. Council President Hodgs 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, Eisenbraun, Hodgs, Jacobs and Klarenbeek. Mayor Boke and Martin were absent. Also present: City Administrator Harmon, Finance Officer Dutton, City Planner Watson, City Attorney McDonald, Assistant Public Works Director Lee, Police Chief Rotert, Assistant Finance Officer DeNeui, Park and Recreation Director Ehnes, City Engineer Mathis, Finance Administrative Assistant Weber, Wastewater Treatment Facility Superintendent Evridge and Police Lieutenant Dean. Eisenbraun moved, Jacobs seconded and all voted to approve the Agenda. There were no declarations of any potential conflicts-of-interest. Consent Agenda - Clark moved, Klarenbeek seconded and all voted to approve the Consent Agenda as follows: A. Authorize Michael Harmon to sign the Cooperative Agreement with the South Dakota Department of Agriculture, Wildland Fire Division. B. Approve special malt beverage licenses for B&B Lounge, False Bottom Bar, Flanagan’s Irish Pub, Level Wine Bar, and Zbar for Downtown Friday Nights, each Friday, beginning June 7, 2019 through August 30, 2019 and also the Spearfish Corvette Classic on July 19, 2019 along with Spearfish Brewing & a special on-sale wine license for Level from 5:00 PM to 10:00 PM on Main Street from Illinois to Grant. C. Approve annual renewals for the 2019-2020 retail on-off sale malt beverage & SD farm wine licenses as follows: License Owner Address 1 Antunez 117 E. Illinois Street 2 Aviands @ BHSU 1200 University Street 3 B&B Lounge 703 N. Main Street 4 Barbacoa’s 305 W. Jackson Blvd 5 Best Western Black Hills Lodge 540 E. Jackson Blvd 6 Blackbird Espresso 503 N. Main Street 7 Chris’ Campground 701 Christensen Drive 8 Common Cents Food Store 546 W. Jackson Blvd 9 Dakota Seafood 741 Main Street Suite 110  10 Double Barrel Liquor & Casino 6764 Colorado Loop 11 Dough Trader 543 W. Jackson Blvd 12 Elkhorn Ridge Golf Course 6845 St. Onge Road 13 Elkhorn Ridge RV Park 20189 US Hwy 85 14 Exit 8 Phillips 66 3275 Old Belle Road 15 False Bottom Bar 645 Main Street 16 Fuji Sushi Bar & Grill 126 W. Hudson Street 17 Golden Dragon Restaurant 1850 North Avenue 18 Good Day Café 541 W. Jackson Blvd #4 19 Grant Street Liquor 127 West Grant Street 20 Green Oven 608 Main Street 21 Happy Jacks 520 W. Jackson Blvd 22 Jade Palace China Buffet 715 N. Main Street 23 Level Lounge 604 N. Main Street 24 Los Cabos 447 N. Main Street 25 Lucky Strike Lanes 1740 Ryan Road 26 Lueders Food Center 620 7th Street 27 Matthews Opera House 612 Main Street 28 Mini Mart #445 813 N. Main Street 29 Minitman Food & Fuel 820 E. Colorado Blvd 30 Minitman Too 611 E. Jackson Blvd 31 Northern Hills Cinema 1830 N. Main Street 32 Pizza Hut 435 W. Jackson Blvd 33 Queen City Liquor 210 E. Rushmore Street 34 Roma’s Ristorante 2281 E. Colorado Blvd 741 N. Main Street Suite 35 Spearfish Brewing Co 130 36 Spearfish Sasquatch Baseball 350 W. Highway 14 37 Spearfish Softball Association 850 South Dakota Way 38 Speedy Mart 2615 E. Colorado Blvd 39 Sunshine Saloon 3226 W. Fairground Loop 40 Triple 7 Casino 923 E. Colorado Blvd 41 Walgreens 1430 North Avenue 42 Yesway 2728 1st Avenue D. Authorize Mayor Boke to appoint Darick Eisenbraun to Legal, Finance and Public Safety Committee, DC Booth Society (ex-officio) and Spearfish Parks, Recreation and Forestry Advisory Board (ex-officio). E. Transfer Kayla Sprigler to Police Department Administrative Assistant, effective 5/20/2019. This is a lateral transfer with no change in wage or benefits.  F. Add Pam Burley to the Police Department volunteer list effective 6/1/2019, add Karla Weber to the Volunteer List effective 6/1/2019 and add David Dutton to the Volunteer List effective 6/15/2019. G. Move Austin Nelson to full-time (benefit-eligible) Facility Maintenance Technician effective 5/19/2019. H. Hire the following seasonal employees effective May 21, 2019: Public Works: William Klapperich Construction Observation/Inspection $45.00 Parks: Johanna Mitchell Laborer $11.25 Michael Yost Laborer $11.75 Riley Reisig Laborer $11.25 Recreation: Drew Couch WSI $10.50 I. Approve Minutes of City Council Regular Session dated May 6, 2019. J. Accept monthly financial statements dated April 30, 2019. Items from Visitors Proclamations - Council President Hodgs, on behalf of Mayor Boke proclaimed Emergency Medical Services Week and Emergency Medical Services for Children Day in Spearfish. Executive Director Brian Hambek provided an update on Spearfish Emergency Ambulance Service. City Attorney Resolution 2019-12 - Council President Hodgs opened a public hearing at 5:41 PM to consider Resolution 2019-12 - A resolution of intent to lease certain property on the McLauglin Sawmill site and the lease. The lessee is Black Hills Energy. There were no oral or written comments and the public hearing was closed at 5:41 PM. Jacobs moved, Eisenbraun seconded and all voted to approve Resolution 2019-12 and authorize Mayor Boke to sign the lease with Black Hills Energy. RESOLUTION 2019-12 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT FOR CERTAIN PROPERTY ON THE MCLAUGHLIN SAWMILL SITE WHEREAS , SDCL § 9-12-5.2 authorizes the City of Spearfish to lease municipally owned property to a private person, and WHEREAS , the Common Council of the City of Spearfish intends to enter into a surface lease agreement with Black Hills Energy, Inc. to lease portions of the McLaughlin Sawmill Site, 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 5:30 p.m. on May 20, 2019. Dated this 15th day of April, 2019. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ David H. Dutton, Finance Officer Adopted: April 15, 2019 Published: April 26, 2019 Effective: May 16, 2019 Addendum - Jacobs moved, Klarenbeek seconded and all voted to authorize Mayor Boke to sign the Electric Power Supply Agreement Second Addendum with Black Hills Energy. Safety Partnership - Jacobs moved, Klarenbeek seconded and all voted to authorize Mayor Boke to sign Safety Partnership Letter of Understanding with Black Hills Energy. Finance License - Council President Hodgs opened a public hearing at 5:44 PM to consider an application from Jeff Drumm with Crow Peak Brewing for a special malt beverage license for the Gold Rush Gravel Grinder on June 8, 2019 from 12:00 PM to 5:00 PM at the Spearfish City Park. There were no oral or written comments and the public hearing was closed at 5:44 PM. Clark moved, Eisenbraun seconded and all voted to approve the license. Licenses - Council President Hodgs opened a public hearing at 5:45 PM to consider an application from Tammy McDaniel with Spearfish Creek Wine Bar for six (6) special on-sale wine licenses for the Canyon Acoustic Series every Wednesday starting June 26, 2019 through July 31,2019 from 5:30 PM to 7:30 PM at the Spearfish City Park Bandshell. There were no oral or written comments and the public hearing was closed at 5:45 PM. Klarenbeek moved, Jacobs seconded and all voted to approve the licenses. Public Works Bid - Jacobs moved, Clark seconded and all voted to award bid to low bidder Highway Improvement Inc. for the 2019 Asphalt Surface Crack Sealing Project - total amount $32,812.00. Bid Tab: Contractor Base Bid Estimate $70,000.00 1 Astech Corp. $44,529.00 2 Fahrner Asphalt Sealers, LLC $128,818.00 3 Black Hills Asphalt $75,089.00 4 Roadway Services Inc. $159,344.00 5 Highway Improvement Inc. $32,812.00 6 GTI Companies, Inc. $109,940.00 Parking Lot - Eisenbraun moved, Jacobs seconded and all voted to allow Holiday Inn Hotel & Convention Center to begin their parking lot maintenance. This is considered emergency work that was not budgeted for 2019. Total project amount is $22,500 with City of Spearfish cost share $11,250.00 per MOU. Funded from Hospitality Tax Fund. Agreement - Clark moved, Jacobs seconded and all voted to approve Biosolids Disposal Agreement between City of Spearfish and City of Gillette, WY. Engineering HDR Proposal - Clark moved and Jacobs seconded to approve HDR Engineering amendment proposal for engineering services for the Spearfish Standards and Specifications Project which will increase HDR's level of duties to complete the existing scope. This includes professional services to finish the preliminary set of engineering documents that will result in a comprehensive collection of standards and specifications to be used on all future private and public projects. The amendment cost is at a total of $33,592.00. Funded from 2nd Penny Fund. Motion passed 4/1 with Klarenbeek voting no. Planning and Zoning Ordinance 1300 - Council President Hodgs opened a public hearing at 5:55 PM to consider Second Reading of Ordinance 1300 - RV Parking Ordinance. Mark Nelson, 246 Kansas Street asked if there was a way to get a permit to park an RV in the boulevard. City Planner Watson stated in this case a variance is not applicable and stated that Council had previously chosen to not allow this in the downtown corridor. Mr. Nelson cited several safety factors regarding backing out as opposed to parking in the boulevard. There were no further comments and the public hearing was closed at 6:04 PM. Eisenbraun moved, Jacobs seconded and Second Reading of Ordinance 1300 was approved 4/1 with Klarenbeek voting no. Ordinance 1301 - Eisenbraun moved, Jacobs seconded and all voted to approve First Reading Ordinance 1301 - Light Industrial Outdoor Storage and to set public hearing for June 3, 2019. Bill List - Clark moved, Klarenbeek seconded and all voted to approve Bill List dated May 20, 2019. VENDOR DESCRIPTION AMOUNT 2XL CORPORATION WIPES $ 387.59 A & B WELDING SUPPLY CO GLOVES/FLASHLIGHT/PROPANE/OXYGEN/RENTALS $ 383.68 A & L CONTRACTORS LLC HAUL DIRT TO RUBBLE SITE $ 570.00 A&B BUSINESS INC MAY 2019 CITY COPIER LEASE $ 2,529.06 ALPINE IMPRESSIONS SHIRTS/EMBLEM/FIRE CORPS CLOTHING $ 1,991.00 AMERICAN LEGION FLAG & EMB FLAGS $ 313.20 AMERICAN RED CROSS CPR/AED TRAINING MATERIALS $ 60.00 AMERICAN WATER WORKS ASSN ANNUAL MEMBERSHIP-R GLENN $ 324.00 WESTERN STATES FIRE PROTEC STATION 3 SETUP & MONITORING $ 1,420.00 BAKER & TAYLOR BOOKS/MEDIA $ 525.40 BELLE FOURCHE LANDFILL APR 2019 LANDFILL FEES $ 28,473.10 BLACK HILLS CHEMICAL CORP CUPS/GLOVES/CLEANERS/TISSUE/TOWELS $ 854.66 BLACK HILLS ENERGY ELECTRICITY $ 8,025.97 BLACK HILLS PIONEER APR 2019 ADS & LEGAL PUBLISHING $ 1,422.34 BLACK HILLS PURE INC WATER/COOLER RENTALS $ 57.00 BLACK HILLS STATE UNIV CEMETERY BOOKLETS $ 75.00 BLACK HILLS TRUCK/TRAILER SENSOR/SENSOR KIT $ 148.77 BLACK HILLS URGENT CARE DOT TESTING $ 55.00 BORDER STATES ELECTRIC ELECTRICAL PARTS & REPAIRS $ 2,391.55 UPSTATE WHOLESALE SUPPLY REPAIR TABLET $ 802.19 BUTLER MACHINERY CO FILTERS/COUPLINGS/HOSE/SEALS/SOCKET/KIT $ 596.81 BUTTE ELECTRIC COOP ELECTRICITY $ 50,720.01 CAMPBELL SUPPLY 2019 BOOTS-R GLENN $ 100.00 CAPTAIN CLEAN OF THE NHILL CLEAN PATROL CAR $ 95.00 CARROT-TOP INDUSTRIES INC FLAG $ 53.48 CBH COOPERATIVE APR 2019 BULK FUEL CONTRACT $ 23,902.05 CENGAGE LEARNING BOOKS $ 80.96 CENTURYLINK INC MAY 2019 CIRCUITS & E911 $ 958.33 CITY OF SPEARFISH CREDIT CARDS TRAVEL/SUPPLIES/SERVICES/TOOLS/REPAIRS/ADS $ 4,697.79 CLAUSER MACHINE WORKS REPAIR BROKEN BOLTS $ 80.00 CLIMATE CONTROL SYSTEMS REPAIR HEATER $ 363.82 COCA-COLA BOTTLING CO COFFEE/CREAMER $ 752.00 CORE & MAIN LP HEX BOLTS/COUPLINGS/INSERTS/CURB BOX $ 507.41 CVD CONSTRUCTION INC CONCRETE PARK PADS $ 5,370.00 DEMCO INC SUMMER READING PROGRAM SUPPLIES $ 776.71 NORTHERN HILLS VENTURES CITY LOGO GRAPHIC DESIGN $ 250.00 ECOLAB PEST ELIMINATION PEST CONTROL $ 406.60 EDDIE'S TRUCK CENTER INC VEHICLE REPAIRS/SWITCH/FENDER QUARTERS $ 1,722.03 ENTENMANN-ROVIN POLICE BADGES $ 230.50 NEWHOUSE ENTERPRISES INC TISSUE/TOWELS/PAPER/MOPS/INK/RULERS $ 699.63 FIB-AP PURCHASE CARD PROGRAM APR AP CARD $78,226.90-CHARGES INDIV. LISTED $ - SA&J SERENDIPITY 57 INC CITY HALL WINDOW CLEANING $ 960.00 FMG INC EXIT 8 REC PATH & CITY HALL LOT ENGINEERING $ 8,923.40 VIEHAUSER ENTERPRISES LLC REPAIR CAMPGROUND OFFICE LOCK/PADLOCKS $ 294.96 GRAINGER INC TOWELS/MOULDING/MAIL SLOT/BIT SET $ 204.76 HAGEMAN, THOMAS TRAVEL PER DIEM $ 128.00 HARMON, MICHAEL DAY OF EXCELLENCE EXPENSES $ 66.00 JEFFRIES, KIRK WATERPARK SLIDE REPAIRS $ 1,116.00 INTOXIMETERS INC DRYGAS $ 205.25 TODD EMERY COLLINS LOCATE SUMP PUMP ODOR ORIGIN 420 N CANYON $ 75.00 JUNEK'S SERVICE CORP KEY FOB $ 226.34 WASTE CONNECTIONS OF SD HAUL PERMIT $ 500.00 KLJ SOULUTIONS HOLDING CO CROSSWIND RUNWAY & WILDLIFE FENCE STUDY $ 11,590.80 KT CONNECTIONS SWITCH PHONE LINES & CABLING $ 385.00 LAWRENCE COUNTY AUDITOR JAN-APR 2019 TIF 5 INCREMENTS $ 7,419.26 LYNN, JACKSON, SHULTZ & LEBRUN LEGAL SERVICES $ 112.50 MATTHEWS OPERA HOUSE HISTORIC PRESERVATION MEETING $ 150.00 MIDCO APR 2019 INTERNET/PHONE/CABLE $ 1,010.16 MIDCONTINENT TESTING LAB LAB TESTS $ 1,359.50 MONTANA-DAKOTA UTILITIES NATURAL GAS $ 3,632.43 NAT'L FLOOD INSURANCE PROGRAM BRIDGES BUILT WITHOUT LOMR STUDY $ 8,250.00 NORTHERN HILLS TRNG CENTER MOWING/JANITORIAL SERVICES $ 2,259.09 PRO WINDMILL INC DEODORIZER SERVICE/PEST CONTROL $ 273.00 ONE TIME VENDOR ATLANTIS GLOBAL:CITATION PAPER $ 147.08 PENWORTHY CO BOOKS $ 116.30 PHAZE ELECTRIC INC ROTARY SWITCH $ 525.00 PETTY CASH P&Z-WELLS FARGO PLAT FEES $ 124.00 PUBLIC SAFETY EQUIPMENT PRISONER CAGES $ 2,742.00 PUSH PEDAL PULL INC REPAIR FITNESS EQUIPMENT $ 497.10 QUIK SIGNS INC SIGNS $ 146.81 RECREATION SUPPLY CO POOL VACUUMS $ 4,987.60 RECORDED BOOKS LLC ANNUAL RENTAL SERVICE $ 1,500.00 RIVERFRONT BROADCASTING REC CENTER RADIO ADS $ 240.00 SACHARA, MARK REIMBURSE REGISTRATION-WFCA $ 550.00 SACRISON ASPHALT INC LIMESTONE $ 2,406.60 SANITATION PRODUCTS INC CHAIN/CALIPER STATOR KIT/UNHEATED MIRROR $ 866.24 SDGFOA REGISTRATION-J HAFNER-D HANSON $ 150.00 SD MUNICIPAL ATTORNEY ASSOC REGISTRATION-A MCDONALD $ 18.00 SDRS SPECIAL PAY PLAN DAVE DUTTON & KARLA WEBER SPECIAL PAY PLAN $ 90.00 SERVALL TOWEL & LINEN FLUSHER/UNIFORM/MOP/MAT/RENTAL $ 855.52 SHARKEY PLUMBING HEATING REPAIR FLUSH VALVE $ 311.73 SILVERSTONE GROUP INC FY 2018 ACTUARIAL SERVICES $ 3,700.00 SIMON CONTRACTORS OF SD LIMESTONE/ROADSTONE $ 2,961.65 SOUTH DAKOTA FEDERAL PROPERTY PALLET JACK $ 150.00 THE SOUTHWELL CO ITEM $ 800.00 SPEARFISH AMBULANCE SERV AED PADS $ 124.92 SPEARFISH CHAMBER OF COMM KNOWLEDGE AT NOON $ 15.00 VIVI BENE INC ELECTRICAL SERVICES & REPAIRS $ 1,255.39 SPEARFISH SCHOOL DIST 40-2 JAN-APR 2019 TIF 5 INCREMENTS $ 20,722.96 THOMSON REUTERS WEST MAR 2019 WEST LAW SERVICE $ 474.40 TRAFFIC CONTROL CORP PEDESTRIAN LEDS $ 872.00 ULINE INC WELDED STEEL CART $ 369.58 THE UPS STORE #5137 SHIPPING SERVICES $ 20.56 USA BLUE BOOK FLOURIDE AMPULES $ 122.07 CLARITY TELECOM LLC APR 2019 PHONES & INTERNET $ 3,381.93 VERIZON WIRELESS MAR 2019 CITY CELL PHONES $ 2,683.39 VISUAL WORKS INC MAR 2019 CAMPGROUND RESERVATIONS $ 228.00 WENZEL, WILLIAM W TRAVEL MILEAGE & PER DIEM $ 290.12 WHITE'S QUEEN CITY MOTORS SENSOR/TEST & REPLACE BATTERY $ 318.85 WOLFF'S PLUMBING & HEATING HUMAN SOCIETY H2O HEATER REPAIR/TOILET RPRS $ 581.00 WOODROOF, JUSTIN TRAVEL PER DIEM $ 180.00 YOUNG, ZACHARY R TRAVEL PER DIEM $ 180.00 ** TOTALS** $ 248,019.89 APPROVAL INITIALS Mayor Boke - Absent Marty Clark Darick Eisenbraun Dan Hodgs Pam Jacobs Larry Klarenbeek George Martin - Absent Mayor and Council Reports and discussion items - Clark provided update on Historic Preservation and SPRF Advisory Board. Departmental Discussion Items - City Administrator Harmon discussed the recent Gordon Graham classes on professional development. City Planner Watson and Park and Recreation Director Ehnes discussed the new playground at Jorgensen Park. Assistant Public Works Director Lee announced the new street sweeper is here and he stated the sawmill cleanup is done. Police Chief Rotert provided an update on last night’s robbery and gave congratulations to Eric Bowers on his recent Special Olympic victories. Public Comment – Public Comment section was opened at 6:22 PM. John Dale expressed continuing concern with incoming 5G technology and stated the carcinogenic effects need due diligence. He also expressed concerns that 5G emitters can be weaponized and thusly opens avenues of terrorism and discussed the philosophy of infiltration into private residences. He thanked council for the opportunity to share this information and also asked for larger font on the display screens. There were no additional public comments and this section was closed at 6:26 PM. There being no further business before the Council, Jacobs moved, Clark seconded and all voted to adjourn at 6:26 PM. Dated this 20th day of June 2019. CITY OF SPEARFISH BY: ____________________________ Dan Hodgs, City Council President ATTEST: _________________________________ David H. Dutton, Finance Officer Published once at the approximate cost of ________.