City Council

Spearfish City Council Regular Session Minutes July 6, 2020 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, July 6, 2020. Mayor Boke presided and called the meeting to order. Roll call was taken with the following members present: Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek. Absent: None. Also present: City Administrator Harmon, City Planner Watson, City Attorney McDonald, City Engineer Mathis, Public Works Director Lee, Public Safety Director Rotert, Police Chief Jacobs and Finance Officer DeNeui. All stood and recited the pledge of allegiance. Hodgs moved, Eisenbraun seconded and all voted to approve the agenda. Mayor Boke noted the applicant for the public hearing on Ordinance 1318 was a family member but she had no financial interest in the project. Consent Agenda – Eisenbraun moved, Klarenbeek seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye, motion passed to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated June 15, 2020. B. Add Todd Klopp and Carol Coburn to the Parks, Rec and Forestry volunteer list. C. Hire Jeanette Niles, Katie Klinckman, and Veronica Velder as a part time (not benefit eligible) customer service assistants, grade 7, step 1, $13.13 per hour, effective July 7, 2020. D. Add Erin Magee to the volunteer firefighter list. Event – Nathan Hoogshagen with Spearfish Downtown Business Association (DBA) requested conditional approval of the special event application on behalf of Matthew’s Opera House and Spearfish DBA for a Labor Day Festival. Hoogshagen requested a final approval of the event to be considered on August 17, 2020. Following discussions, Herrmann moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, Klarenbeek voting nay, motion passed to deny the special event application. Ordinance 1317 – Eisenbraun moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye, motion passed to approve the second reading of Ordinance 1317 – An Ordinance Amending Chapter 16, Taxation. This ordinance will repeal section 16-58 of the Spearfish City Ordinances. Ordinance 1319 – Jacobs moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye, motion passed to approve the second reading of Ordinance 1319 – An Ordinance Amending Chapter 2, Administration. This ordinance will amend the signers for expenditures and contracts. Resolution 2020-15 – Clark moved, Hodgs seconded and all voted to approve Resolution 2020-15 as follows: RESOLUTION 2020-15  A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTUAL DOCUMENTS WITH THE STATE OF SOUTH DAKOTA FOR THE RECEIPT OF CARES ACT FUNDS TO ADDRESS THE COVID-19 PUBLIC HEALTH CRISIS WHEREAS, pursuant to section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (the “CARES Act”), the State of South Dakota has received federal funds that may only be used to cover costs that: (a) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID- 19); (b) were not accounted for in the budget most recently approved as of March 27, 2020, for the State of South Dakota; and (c) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and WHEREAS, the City of Spearfish acknowledges that the State of South Dakota, in its sole discretion, may retain full use of these funds for the purposes delineated in the CARES Act; and WHEREAS, the City of Spearfish acknowledges that in order to provide financial assistance to counties and municipalities in South Dakota, the State of South Dakota, in its sole discretion, may allocate CARES Act funds on a statewide basis to reimburse counties and municipalities as delineated herein; and WHEREAS, the City of Spearfish seeks funding to reimburse eligible expenditures incurred due to the public health emergency with respect to COVID-19; and WHEREAS, the City of Spearfish acknowledges that any request for reimbursement of expenditures will only be for expenditures that were not accounted for in the budget for the City of Spearfish most recently approved as of March 27, 2020; and WHEREAS, the City of Spearfish acknowledges that it will only seek reimbursement for costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Spearfish that the mayor of Spearfish may execute any and all documents as required by the State in order to receive CARES Act funds. It is further RESOLVED that any request for reimbursement will be only for those costs authorized by the State that: (1) Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (2) Were not accounted for in the City budget most recently approved as of March 27, 2020; and (3) Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. It is further RESOLVED that the City will not request reimbursement from the State under the CARES Act for costs for which the City previously received reimbursement, or for which the City has a reimbursement request pending before another source. Approved and adopted this 6th day of July, 2020. CITY OF SPEARFISH By:________________________________ (SEAL) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: July 6, 2020 Published: July 11, 2020 Effective: July 31, 2020 Resolution 2020-16 – Klarenbeek moved, Jacobs seconded and all voted to approve Resolution 2020-16 as follows: RESOLUTION 2020-16 A RESOLUTION AUTHORIZING THE TRANSFER OF FUND BALANCE TO THE GENERAL FUND WHEREAS, the Common Council of the City of Spearfish approved Ordinance 1317 to repeal restrictions on Use and Gross Receipts Tax, and WHEREAS, the Second Penny Sales Tax fund no longer meets the Governmental Accounting Standards Board (GASB) definition of a Special Revenue Fund, and WHEREAS, GASB statement 54 requires the remaining fund balance of a closing fund to be transferred to the General Fund, and WHEREAS, the remaining fund balance of the Second Penny Sales Tax fund is approximately $5,419,630, and NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish that the remaining fund balance of the Second Penny Sales Tax fund as of August 1, 2020 be transferred to the General Fund. Dated this 6th day of July 2020. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: July 6, 2020 Published: July 11, 2020 Effective: July 31, 2020 Abatement – Clark moved, Herrmann seconded and all voted to approve abatement of taxes for full taxable value since 2012 for a property taken by Lawrence County via tax deed. Bid – Clark moved, Jacobs seconded and all voted to reject all bids for the 2020 Scheduled Street Repairs project. Three bids were received and all exceeded the engineer’s estimate so project will be rebid in fall 2020. Agreement – Eisenbraun moved, Herrmann seconded and all voted to approve Exit 8 Area Community Path – Phase 1 Easement Agreement between Lawrence County and the City of Spearfish. Intent – Clark moved, Klarenbeek seconded and all voted to approve and authorize Mayor Boke to sign the letter of intent with the South Dakota Department of Transportation for the Transportation Alternative grant for phase 2 of the Exit 8 path expansion. Public Hearing – A public hearing was opened at 5:57 p.m. to consider Ordinance 1318 – A change of zoning from PUD (Planned Unit Development) to DRD (Development Review District) on Tracts 2R, 3R, and 4R of the Countryside Subdivision, and Lot 1C a Subdivision of Lot 1A of Lot 1, all of the Spring Creek Addition to the City of Spearfish, Lawrence County South Dakota. No oral or written comments were received and the hearing was closed at 5:57 p.m. Ordinance 1318 – Herrmann moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye, motion passed to approve the second reading of Ordinance 1318 – A change of zoning from PUD (Planned Unit Development) to DRD (Development Review District) on Tracts 2R, 3R, and 4R of the Countryside Subdivision, and Lot 1C a Subdivision of Lot 1A of Lot 1, all of the Spring Creek Addition to the City of Spearfish, Lawrence County South Dakota. Ordinance 1320 – Clark moved, Herrmann seconded and all voted to approve first reading and set a public hearing for July 20, 2020 for Ordinance 1320 – An Ordinance Amending Appendix A - Zoning of the Revised Ordinances of the City of Spearfish by Zoning Certain Property. (Heritage Addition) Ordinance 1321 – Clark moved, Hodgs seconded and all voted to approve first reading and set a public hearing for July 20, 2020 for Ordinance 1321 – An Ordinance Amending Appendix A - Zoning of the Revised Ordinances of the City of Spearfish by Zoning Certain Property. (Airport) Resolution 2020-14 – Clark moved, Jacobs seconded and all voted to approve Resolution 2020-14 as follows: RESOLUTION NO. 2020-14 A RESOLUTION OF ANNEXATION TO EXTEND THE BOUNDARIES OF THE CITY OF SPEARFISH, SOUTH DAKOTA, BY ANNEXING LANDS MORE SPECIFICALLY DESCRIBED HEREIN: WHEREAS, The City of Spearfish has conducted an analysis of the territory where a petition for voluntary annexation has been submitted, and has determined the resources necessary to serve the annexed territory; and, WHEREAS, the territory described herein adjoins and is contiguous to the existing boundaries of the City of Spearfish and is not separated from the existing City by any significant physical barriers, and annexation is natural and reasonable and the municipal body hereby created constitutes a homogenous and unified entity; and, WHEREAS, the City of Spearfish has held public hearings and considered all testimony regarding said annexation; and, WHEREAS, the City of Spearfish has fully complied with all statutory requirements of SDCL Chapter 9-4 required and precedent to this Resolution. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that the following described territory shall be incorporated into the Elkhorn Ridge Addition to the City of Spearfish, and the same is hereby annexed, to-wit: (See Exhibit A, attached to this resolution). Tract A in the S1/2 of the S1/2 of Section 17, T6N, R3E, BHM, Lawrence County, South Dakota, as shown by Plat recorded in Document No. 78-4005 Tract A in the NE1/4 SW1/4 and the SE1/4 NW1/4, Section 17, T6N, R3E, BHM , Lawrence County, South Dakota, as shown by Plat recorded in Document No. 78-2421 Dated this 6th day of July, 2020 CITY OF SPEARFISH ATTEST: By: _____________________________ __________________________ Michelle DeNeui, Finance Officer (SEAL) Dana Boke, Mayor Adopted: July 6, 2020 Published: July 11, 2020 Effective: July 31, 2020  EXHIBIT A Rainbow Road Interstate 90 Tract A in the S1/2 of the Tract A in the NE1/4 SW1/4 S1/2 of Section 17, T6N, R3E, and the SE1/4 NW1/4, Section BHM, Lawrence County, 17, T6N, R3E, BHM , South Dakota Lawrence County, South Dakota The above described parcels contain ± 84.95 acres (3700382.2 square feet) Ordinance 1322 – Eisenbraun moved, Jacobs seconded and all voted to approve first reading and set a public hearing for July 20, 2020 for Ordinance 1322 – An Ordinance Amending Appendix A - Zoning of the Revised Ordinances of the City of Spearfish by Zoning Certain Property. (Two parcels at airport) Ordinance 1323 – Herrmann moved, Jacobs seconded and all voted to approve the first reading for Ordinance 1323 - An Ordinance Amending Chapter 10 Licenses, Permits and Business Regulations, Article VII. Peddlers, Section 10-214 and Repealing Section 10-215 of the Revised Ordinances of the City of Spearfish. Name – Following discussions Eisenbraun moved, Hodgs seconded and all voted to name the Workforce Housing Development Sky Ridge. Surplus – Clark moved, Jacobs seconded and all voted to surplus a +1,000 gallon metal tank. The tank will be sold via sealed bids. Purchase – Klarenbeek moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye motion passed to purchase $76,000 worth of Ice-slicer snow and ice melt. Accounts – Clark moved, Eisenbraun seconded and all voted to resume charging penalties and performing utility shut offs on delinquent accounts utilizing a phased plan. Study – Jacobs moved, Eisenbraun seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye motion passed to hire HDR to complete a Workforce Housing Project Traffic Impact Study at an estimated cost of $20,325. Interim Bill List – Klarenbeek moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye motion passed to approve the interim bill list dated June 26, 2020 as follows: BLACK HILLS ENERGY MAY/JUNE 2020 ELECTRICITY $ 12,979.81 Bill List – Hodgs moved, Herrmann seconded and with Clark, Eisenbraun, Herrmann, Hodgs, Jacobs and Klarenbeek voting aye motion passed to approve the bill list dated July 6, 2020 as follows: Vendor Description Amount AE2S JACKSON BLVD PH 1 CONST ADMIN $ 13,503.56 AL CORNELLA REFRIGERATION SANITIZER AND CLEANER $ 56.95 ALLEGIANT EMERGENCY SVCS I 50 PAIRS OF BOOTS-DONATION$ $ 17,281.64 AMAZON CAPITAL SERVICES SUPPLIES/MINOR TOOLS/CLEANERS $ 1,444.48 AMERICAN ENGINEERING TESTI CONS MAT TESTING PICKLEBALL $ 276.90 AXON ENTERPRISES INC TECH ASSURANCE PLAN $ 2,757.08 BAKER & TAYLOR BOOKS CDS AUDIOS $ 1,024.43 BECK'S NURSERY CORP GRASS, PERENNIALS, MULCH $ 67.66 BLACK HILLS ENERGY ELECTRICITY MAY/JUNE 2020 $ 18,282.82 BHSU PRINTING CENTER JUNE UTILITY BILL INSERTING $ 115.40 BLACK HILLS CHEMICAL CORP SANITIZER, CHEMICALS $ 2,479.02 BLACK HILLS PIONEER COMMUNITY PAGES SPONSORSHIP $ 25.00 BLACK HILLS WINDSHIELD WINDSHIELDS $ 5,045.00 BOMGAARS SUPPLY INC SUPPLIES/TOOLS/REPAIRS/PARTS $ 1,333.82 BORDER STATES INDUSTRIES I FUSE AND PHOTOCONTROLS $ 386.67 BUTLER MACHINERY CO BATWING MOWER/PARTS $ 17,230.35 AINSWORTH AUTO PARTS LLC PARTS $ 16.50 CENGAGE LEARNING BOOKS $ 91.76 CENTURYLINK INC ALARM SERVICES 6/4 TO 7/3 $ 349.33 CHAIN SAW CENTER RENTALS/EQUIPMENT REPAIRS $ 690.27 CITY OF RAPID CITY COMPOST FOR COMMUNITY GARDEN $ 85.20 CITY OF SPEARFISH CC CERTIFICATES $ 62.50 DIAS, GREGORY K MONTHLY ONLINE BACKUP FEES $ 44.97 DG INVESTMENT INTERMEDIATE MOBILE CAMERA CONNECTION PROB $ 1,479.59 CVD CONSTRUCTION INC LABOR/BOOM TRUCK $ 200.00 DAKOTA BARRICADE LLC MAINLINE ROADWAY STRIPING $ 25,395.00 ELKHORN RIDGE @ FRAWLEY RA TAX INCREMENT DUE DEVELOPER $ 1,089.00 GEA MECHANICAL EQUIP US IN PARTS AND REPAIRS $ 2,489.30 VIEHAUSER ENTERPRISES LLC DOORS AT FIRE STATION AND CITY HAL $ 461.00 GREAT WESTERN TIRE INC TIRE REPAIR $ 2,208.63 GRIMMS PUMP SERVICE PARTS/LABOR $ 108.15 GTI COMPANIES INC PATCH/PICKLEBALL PROJ $ 12,606.54 CENTRAL PROGRAMS INC BOOKS $ 1,868.49 GUNDERSON TRUCKING INC TRANSPORT WWTP TO GILLETTE $ 5,500.00 HAWKINS INC CHEMICALS $ 2,140.92 HDR ENGINEERING INC WFH DEV & SPORTS COMPX SURVEY $ 25,071.51 HEARTLAND PAPER CO ELECTROSTATIC SPRAY SYSTEM/CLEAN $ 4,297.48 HEISLER HARDWARE SUPPLIES/TOOLS/REPAIRS/PARTS $ 737.19 HURCO TECHNOLOGIES INC MAGNELOY COUPLER INSERT $ 41.06 HYDRO-KLEAN LLC SEWER CIPP PROJECT PR#2 $ 301,292.80 JUNEK'S SERVICE CORP MIRROR $ 214.00 KETEL THORSTENSON LLP AUDIT WK PERFORMED TO DATE $ 5,874.05 KNECHT HOME CENTER INC SUPPLIES/TOOLS/REPAIRS/PARTS $ 1,477.56 KUSTOM KONCEPTS INC SIGNAGE, JACKSON MEDIAN $ 42,052.00 LOU'S GLOVES INC GLOVES $ 250.00 MANDY BING LLC FIREWOOD BUNDLES $ 350.00 MONTANA-DAKOTA UTILITIES 5/5 - 6/5 NATURAL GAS $ 2,292.28 NORTHERN HILLS VENTURES IN 0365/NETWORK ADMIN FEES JUNE 2020 $ 16,649.00 SOUTH DAKOTA ONE CALL MAY 2020 MESSAGE FEES $ 194.25 ONE TIME VENDORS REFUNDS CAMPGROUND AND LICENSE $ 595.00 3BG LLC FILTER, OIL, WASHER DRAIN PLUG $ 145.90 PETE LIEN & SONS INC 4K COMM CEM EXT $ 605.25 PHAZE ELECTRIC INC 4' LENSE FOR CABINET $ 117.06 POWERPLAN PARTS $ 32.37 QUIK SIGNS INC SIGNS AND LARGE COLOR COPIES $ 297.61 RCS CONSTRUCTION INC JACKSON PH 1 PE13/WWTP EQ BASIN $ 389,170.70 REED, THERESA DAWN JUNE DWNTWN REST CLEANING $ 450.00 THOMAS W NICHOLS AWOS SERVICE OCT 19 - APRIL 20 $ 540.00 RIVERSIDE TECHNOLOGIES INC TWO HP800G5, COMPUTERS $ 1,664.00 SACRISON ASPHALT INC 15 GAL OF TACK $ 1,716.15 SAFEWAY STORES INC CAT FOOD/SAFETY BBQ $ 78.43 SAND CREEK PRINTING CORP YARD SIGNS FOR PERMITS/FORMS $ 423.87 SD STATE HISTORICAL SOCIET ARCHIVEL BH PIONEER $ 200.00 XYLEM INC SOFTWARE SUPPORT TO 8/29/2021 $ 1,949.94 SIMON CONTRACTORS OF SD IN 3/4" GRAVEL/FILL $ 57.20 SCOTT RITSCHE DBA DNH TOOL TOOLS $ 113.50 SOUTH DAKOTA DOT BRIDGE INSPECTIONS $ 382.68 SOWERS & SON DIRTY LAUNDRY ALTERATIONS/REPAIRS $ 7.50 SPEARFISH AUTO SUPPLY SUPPLIES/TOOLS/REPAIRS/PARTS $ 3,727.91 VIVI BENE INC ELEC LABOR $ 66.33 SPEARFISH GLASS INC GLASS/MIRROR $ 260.24 STAN HOUSTON EQUIPMENT ASPHALT BOND $ 1,023.44 SUNSHINE TOWING 5/29/20 SVC CALL/SPEED SIGN $ 145.00 SUPERIOR SANITATION LLC MAY 2020 PORTABLE RR $ 960.00 PRODUCTIVITY PLUS ACCOUNT CLUTCH $ 1,944.71 TRUGREEN CHEMLAWN 2020 WEED CONTROL PROJ PE1 $ 12,530.87 TYLER TECHNOLOGIES INC INCODE SUPPORT FEES 2020-2021 $ 23,133.30 US BANK NATIONAL ASSOCIATI WWTP BOND P & I $ 96,470.41 USA BLUE BOOK BUFFER SOLUTION REPLACEMENT $ 167.18 WALMART COMMUNITY/GEMB SUNBLOCK/SUPPLIES/TOOLS $ 604.59 WELLS PLUMBING CORP SUPPLIES/TOOLS/REPAIRS/PARTS $ 452.85 INTEGRITY ACQUISITION LLC PARTS $ 788.30 WHITE'S QUEEN CITY MOTORS PARTS $ 1,012.76 WOLFF'S PLUMBING & HEATING SVC CALL $ 111.00 TOTAL $1,080,937.16 June 2020 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $8,109.88 1.29% $7,533.58 $576.30 1.50% City Administrator 21,023.26 3.35% 16,734.40 4,288.86 3.33% City Attorney 9,820.64 1.57% 8,139.20 1,681.44 1.62% Finance 28,794.76 4.59% 22,894.44 5,900.32 4.56% Human Resources 7,735.42 1.23% 6,288.00 1,447.42 1.25% Gov't Bldgs 14,466.95 2.31% 11,183.34 3,283.61 2.23% PW Admin 29,206.88 4.66% 23,627.20 5,579.68 4.70% Police 145,763.55 23.24% 114,644.75 31,118.80 22.81% Fire 20,176.43 3.22% 16,949.00 3,227.43 3.37% Bldg Inspect 17,804.88 2.84% 14,137.60 3,667.28 2.81% Streets 40,270.05 6.42% 32,363.66 7,906.39 6.44% Cemetery 5,773.92 0.92% 4,727.73 1,046.19 0.94% Animal Control 3,796.82 0.61% 2,825.60 971.22 0.56% Recreation/Aquatic 49,285.25 7.86% 39,484.18 9,801.07 7.86% Parks 28,041.40 4.47% 22,415.90 5,625.50 4.46% Library 23,646.82 3.77% 19,200.51 4,446.31 3.82% Plan & Zone 17,192.72 2.74% 13,963.20 3,229.52 2.78% Motor Pool 11,456.92 1.83% 9,548.38 1,908.54 1.90% Wildland Fire 8,035.78 1.28% 7,399.49 636.29 1.47% Police Comm 32,775.93 5.22% 25,843.37 6,932.56 5.14% SAFER Grant 4,512.86 0.72% 3,203.56 1,309.30 0.64% Water 17,140.80 2.73% 13,310.06 3,830.74 2.65% Electric Production 15,066.49 2.40% 12,312.44 2,754.05 2.45% Sewer 16,050.48 2.56% 12,478.55 3,571.93 2.48% WWTP 26,931.56 4.29% 22,112.66 4,818.90 4.40% Solid Waste 21,092.95 3.36% 16,799.48 4,293.47 3.34% Campground 3,354.73 0.53% 2,445.98 908.75 0.49%  Totals $627,328.13 100.00% $502,566.26 $124,761.87 100.00% Credit Card Fees May $3,018.46 Grand Total $630,346.59 Public comment section was opened at 6:27 p.m. with comments received from resident John Dale thanking the police department and Council Member Herrmann, and commenting on bike paths, 5G, LED lights and fireworks. Executive Session – Clark moved, Hodgs seconded and all voted to enter into executive session to consult with legal counsel regarding contractual matters pursuant to SDCL 1-25-2(3). Council returned to regular session at 6:41 p.m. There being no further business, Clark moved, Hodgs seconded and all voted to adjourn at 6:42 p.m. Dated this 6th day of July 2020. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.