City Council

Spearfish City Council Regular Session Minutes December 2, 2019 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, December 2, 2019. 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, Eisenbraun, Herrmann, Jacobs, and Klarenbeek. Absent: Hodgs. Also present: City Administrator Harmon, City Planner Watson, Parks and Recreation Director Ehnes, City Attorney McDonald, City Engineer Mathis, Finance Officer DeNeui, Public Works Director Lee, Public Safety Director Rotert, Fire Chief Deaver, Police Chief Jacobs, Assistant Fire Chief Mathis, and Wastewater Treatment Facility Superintendent Evridge. Jacobs moved, Klarenbeek seconded and all voted to approve the agenda. Mayor Boke declared a potential conflict-of-interest with item 13A and advised Council Vice President Jacobs to chair the meeting for consideration of that item. Consent Agenda – Clark moved, Eisenbraun seconded and all voted to approve the consent agenda as follows: A. Approve minutes of City Council regular session dated November 18, 2019. Other Items Assignment of Agreement – Eisenbraun moved, Herrmann seconded and all voted to accept the assignment of a purchase agreement for a 40-acre parcel of land. Assignment of Option – Klarenbeek moved, Jacobs seconded and all voted to accept the assignment of an option to purchase a 20-acre parcel of land. Proposal Amendment – Eisenbraun moved and Jacobs seconded to approve FMG Engineering Amendment #1 proposal for engineering services for the Exit 8 Community Path Project, at a cost of $25,306.00 funded from second penny. With Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion carried. Change Order – Clark moved and Herrmann seconded to approve change order 2 for the 2019 City Hall Site Improvements Project with a total increase of $3,459.48 (+0.82%) and revised substantial completion date of 12:00 p.m. on August 28, 2019. With Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion carried. Public Hearing – Notice was published that a public hearing would be held at this time to consider an application from Darren and Nancy Manzari with Nonna’s Kitchen for an on-off sale malt beverage and on-off sale wine license located at 544 N. Main Street. Mayor Boke opened the public hearing at 5:39 p.m. and no oral or written comments were received. License – Clark moved, Eisenbraun seconded and all voted to approve an application from Darren and Nancy Manzari with Nonna’s Kitchen for an on-off sale malt beverage and on-off sale wine license located at 544 N. Main Street. Ordinance 1306 – Clark moved and Jacobs seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye motion passed to approve the second reading of Ordinance 1306 – An Ordinance Amending the 2019 Appropriations Ordinance No. 1291 of the Code of Ordinances, City of Spearfish, South Dakota. Ordinance 1307 – Eisenbraun moved and Herrmann seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye motion passed to approve the second reading of Ordinance 1307 – An Ordinance Supplementing the 2019 Appropriations Ordinance No. 1291 of the Code of Ordinances, City of Spearfish, South Dakota. Public Hearing – Notice was published that a public hearing would be held at this time to consider Ordinance 1303 – An Ordinance Amending Appendix A Zoning, of the Revised Ordinances of the City of Spearfish, Article IV, District Regulations, Article V. Supplementary Regulations Creating New Section 11 Pertaining to Small Wind Energy Systems, and Article VI. Administration and Enforcement. Mayor Boke opened the public hearing at 5:44 p.m. Resident Harley of 309 Main Street asked a question about roof-top units when buildings have zero set-backs and City Planner Watson advised a small wind energy system wouldn’t be authorized under those circumstances. Ordinance 1303 – Eisenbraun moved, Herrmann seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye motion passed to approve the second reading of Ordinance 1303 – An Ordinance Amending Appendix A Zoning, of the Revised Ordinances of the City of Spearfish, Article IV, District Regulations, Article V. Supplementary Regulations Creating New Section 11 Pertaining to Small Wind Energy Systems, and Article VI. Administration and Enforcement. Zoning Text – Herrmann moved, Jacobs seconded and all voted to initiate a zoning text amendment to the parking requirements for the C-1 zoning district. Deferred Compensation – Eisenbraun moved and Jacobs seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to approve the minimum requirements for participation in Spearfish Fire Department deferred compensation program. Hire – Eisenbraun moved and Herrmann seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to hire Scott Williams as (benefit-eligible) water/wastewater utility operator I, grade 12, step 7, $18.62 per hour (2020 wage scale), effective 12/16/2019. Replacement position. Bid Award – Clark moved and Klarenbeek seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to award the lowest responsive and responsible bid for the WWTP Equalization Basin Project to R.C.S. Construction, Inc. at a total amount of $647,722.61. This includes the base bid of $603,715.07 as well as alternate 1 at $44,007.54. Proposal – Eisenbraun moved and Jacobs seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to approve HDR Engineering proposal for construction administration services including staking, shop drawing review, engineering, inspection, and project closeout for the WWTP Equalization Basin Project at a cost not to exceed $73,881. Total 2020 approved budget is $1,100,000 funded from Sewer. Set Bid Opening – Clark moved, Klarenbeek seconded and all voted to set bid opening for the 2020 CIPP Sewer Lining Project for January 9, 2020 at 1:30 p.m. in the City Council Chambers. Mayor Boke cited potential conflict-of-interest and left the meeting. Council Vice President Jacobs chaired the meeting. Contract – Clark moved and Herrmann seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to approve IT services contract with Northern Hills Technology effective January 1, 2020 and authorization for President Hodgs to execute the agreement and any necessary documents to migrate to Office 365. Mayor Boke returned to the meeting and position of chairperson. Bill List – Eisenbraun moved, Klarenbeek seconded and with Clark, Eisenbraun, Herrmann, Jacobs and Klarenbeek voting aye, motion passed to approve the bill list as follows: Vendor Description Amount AE2S JACKSON BLVD STREET/UTILITY $ 67,404.94 ALPINE IMPRESSIONS EMBROIDERY/TEES $ 565.47 AMERICAN ENGINEERING TESTI 2019 SCHEDULED STREET REPAIRS $ 957.00 AMERICAN LEGAL PUBLISHING ANNUAL INTERNET RENEWAL $ 395.00 BAKER & TAYLOR BOOKS $ 236.66 MASSINE, CYNTHIA PLANT FOR FUNERAL $ 60.00 BEST WESTERN-RAMKOTA INN DENEUI, 11/11/19-11/14/19 $ 316.20 BIRKELAND, JACOB REFEREE/SCOREKEEPER $ 165.00 BLACK HILLS CHEMICAL CORP JANITORIAL SUPPLIES $ 1,457.67 BLACK HILLS ENERGY ELECTRICITY $ 23,082.28 BLACK HILLS WINDSHIELD REPAIR $ 275.00 BOMGAARS SUPPLY INC PARTS/TOOLS/MINOR EQUIP $ 609.06 BROSNAHAN, DAWN PER DIEM MEALS $ 22.00 BUILDERS FIRSTSOURCE INC 12X16 SHED - RIFLE RANGE/SHELVES $ 3,038.86 CENGAGE LEARNING BOOKS $ 149.93 CENTURION TECHNOLOGIES SMARTSHIELD ENT BUS CARE REN $ 112.00 CENTURYLINK INC 911 BACKUP LINES $ 761.89 CITY OF SPEARFISH CC FUEL AND LODGING $ 373.71 DG INVESTMENT INTERMEDIATE ANNUAL BILLING $ 360.00 CORE & MAIN LP PARTS $ 244.35 CREEKSIDE DEVELOPMENT LLLP TIF #4 TAX INCREMENT DUE DEV $ 863.87 CVD CONSTRUCTION INC LABOR/MATERIAL/EQUIPMENT $ 2,130.00 DANA SAFETY SUPPLY INC EQUIPMENT $ 714.93 DENEUI, JASON PER DIEM MEALS $ 96.00 EAGLE ENGRAVING INC ENGRAVING $ 70.40 MEDNANSKY, DOUGLAS MISC PARTS $ 944.83 ELKHORN RIDGE @ FRAWLEY RA TIF #1 TAX INCREMENT & INT DUE $ 89,646.89 ENTENMANN-ROVIN BADGES/CASES $ 890.00 NEWHOUSE ENTERPRISES INC (3) CASES PAPER $ 339.72 FMG INC CITY HALL SITE IMPROVEMENTS $ 263.70 GTI COMPANIES INC CITY HALL SITE IMPROVEMENTS $ 116,433.99 GTI COMPANIES INC SCHEDULED STREET REPAIRS $ 47,890.55 GUNDERSON TRUCKING INC TRANSPORT WWTP TO GILLETTE $ 3,500.00 HARGENS, GARY PER DIEM MEALS/MILEAGE $ 223.30 HAWKINS INC CHEMICALS/PARTS $ 1,296.45 HDR ENGINEERING INC 2016 SPEARFISH DESIGN STDS $ 4,303.10 HEARTLAND PAPER CO JANITORIAL SUPPLIES $ 504.62 HEISLER HARDWARE PARTS/TOOLS/EQUIP $ 1,361.06 INFRASTRUCTURE MANAGEMENT PROJECT INITIATION $ 10,274.00 INGRAM LIBRARY SERVICES BOOKS $ 300.76 TODD EMERY COLLINS/JOE DIRT JET FLOOR DRAIN $ 525.00 JUNEK'S SERVICE CORP PARTS/LABOR/REPAIRS $ 1,023.41 JURGENSEN, AARON PER DIEM MEALS $ 56.00 KANE, RACHEL REFEREE/SCOREKEEPER $ 120.00 KETEL THORSTENSON LLP AUDIT WK PERFORMED TO 10-31-19 $ 2,500.00 KLJ SOLUTIONS HOLDING CO SVCS FOR PERIOD ENDG 11/09/19 $ 6,166.15 LAWRENCE COUNTY AUDITOR EXCESS TIF#5 DUE/ELECTION $ 1,723.39 ONE TIME VENDORS SIX MILE ROAD/HP PAINT GRANT $ 1,000.00 PENWORTHY CO BOOKS $ 174.35 PETTY CASH P&Z-WELLS FARGO PLAT/DOCUMENT FILING FEES $ 339.00 QUIK SIGNS INC LAMINATE W/ORACAL $ 72.65 RCS CONSTRUCTION INC JACKSON BLVD STREET PROJ $ 252,242.14 REDWOOD TOXICOLOGY LAB INC SCREENING $ 93.50 REED, THERESA DAWN NOV 2019 DOWNTOWN RR $ 450.00 SD FIRE FIGHTERS ASSN ANNUAL DUES - MATHIS $ 100.00 SD MUNICIPAL ATTORNEY ASSOC. 2020 MEMBERSHIP DUES $ 35.00 SDWWA 1010 MEMBER DUES, (12) $ 120.00 SPEARFISH AUTO SUPPLY REPAIR PARTS $ 1,743.70 SPEARFISH ECON DEVELOPMENT QUARTERLY ALLOCATION $ 40,250.00 VIVI BENE INC REPAIR PARTS $ 223.33 SPEARFISH LUMBER CO LATHE $ 55.00 SPEARFISH SCHOOL DIST 40-2 EXCESS TIF #5 DUE $ 2,225.80 STATE BAR OF SOUTH DAKOTA ELECTRONIC RENEWAL, JURY INST $ 540.00 SUPERIOR SANITATION LLC PORTABLE RR'S - OCT 2019 $ 448.00 SWEDEEN, CHRISTIAN REFEREE/SCOREKEEPER $ 90.00 TRUGREEN CHEMLAWN BROADLEAF LEAVES APP $ 2,400.00 TYLER TECHNOLOGIES INC MAINTENANCE TO 12/31/2020 $ 1,224.78 UNITED STATES POSTAL SERV PERMIT #59, 1ST CLASS PRESORT $ 235.00 VISIT SPEARFISH INC BID BOARD ALLOCATION $ 16,667.00 WALMART COMMUNITY/GEMB OFFICE/KITCHEN/JANITORIAL $ 718.79 WAMCO LAB INC EFFLUENT ACUTE TOXICITY TEST $ 650.00  INTEGRITY ACQUISITION LLC REPAIR PARTS $ 93.89 WHITE'S QUEEN CITY MOTORS REPAIR PARTS $ 1,588.84 WOLFF'S PLUMBING & HEATING PARTS/LABOR $ 1,026.50 ZUERCHER TECHNOLOGIES LLC FIELD OPS SUBSCRIPTION $ 1,222.72 $ 720,779.13 Public Comment – Public comment section was opened at 6:16 p.m. with comments received from Skylar Borglum, resident John Dale and Harley (unknown last name). Section was closed at 6:24 p.m. There being no further business, Clark moved, Klarenbeek seconded and all voted to adjourn at 6:24 p.m. Dated this 2nd day of December, 2019. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.