City Council

Spearfish City Council Regular Session Minutes September 21, 2020 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, September 21, 2020. Mayor Boke presided and called the meeting to order. Roll call was taken with the following members present: Clark, Eisenbraun, Herrmann, Hodgs and Jacobs. Absent: Klarenbeek. 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 and Police Chief Jacobs. All stood and recited the pledge of allegiance. The agenda was amended to change item 12B to authorize Council President Hodgs to sign the documents due to Mayor Boke having the same last name as the other party but there is no financial interest with the party. Eisenbraun moved, Jacobs seconded and all voted to approve the amended agenda. No potential conflicts of interest were noted. Consent Agenda – Eisenbraun moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs, and Jacobs voting aye, motion passed to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated September 8, 2020. B. Approve the treasurer’s report dated August 31, 2020. C. Add Kordel Chmela, Jacob Powell, Bridger Janvrin and Brock Pentheny to the Spearfish Recreation and Aquatics Center referees list. D. Hire Sidney Forsch as part-time (not benefit eligible), recreation assistant, grade 7, step 1, $13.13 per hour, effective 9/22/2020. E. Hire Brandy Kean, part-time (not benefit eligible) project engineer (PE), grade 22, step 22, $46.06 per hour, effective 9/28/2020. This position will be utilized up until the time a candidate is found to fill the full-time position. Proclamation – Mayor Boke proclaimed September 25, 2020 as Disabled American Veterans Day in Spearfish. Proclamation – Mayor Boke proclaimed Friday, October 2, 2020 as Olga Marie Ghirardini Girardi Nelson Day in Spearfish. Ordinance 1327 – Clark moved, Herrmann seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to approve the second reading of Ordinance 1327 – An Ordinance Amending Chapter 14 Streets, Sidewalks and Other Public Places, Article VI. Cemeteries of the Revised Ordinances of the City of Spearfish. Ordinance 1328 – Clark moved, Herrmann seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to approve the second reading of Ordinance 1328 – An Ordinance Amending Chapter 9 Health, Sanitation and Nuisances, Article II. Nuisances of the Revised Ordinances of the City of Spearfish. Ordinance 1329 – Hodgs moved, Eisenbraun seconded and all voted to approve the first reading of Ordinance 1329 – An Ordinance Amending Chapter 17, Traffic and Vehicles, Article VI. Stopping, Standing and Parking of the Revised Ordinances of the City of Spearfish. Ordinance 1330 – Eisenbraun moved, Jacobs seconded and following discussions all voted to approve the first reading of Ordinance 1330 – An Ordinance Amending Chapter 4 Alcoholic Beverages, Article I. Licenses and General Provisions of the Revised Ordinances of the City of Spearfish. Ordinance 1331 – Clark moved, Jacobs seconded and all voted to approve the first reading of Ordinance 1331 – An Ordinance Amending Chapter 14 Streets, Sidewalks and Other Public Places, Article V. Use of Municipal Rights-of-Way (ROW) and Other Properties of the Revised Ordinances of the City of Spearfish. Final Project – Herrmann moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to approve the final Under/Over Change Order #2 for the Pickle Ball Court Project 1 for a net increase of $12,864.02 (increase of $15,042.02 and a decrease of $2,178.00); final project cost totaled $72,613.64 with the original contract amount of $54,397.52 and to authorize Mayor Boke sign the Certificate of Final Completion and Acceptance setting September 21, 2020 as the date the two (2) year warranty begins. Agreement – Hodgs moved, Eisenbraun seconded and all voted to authorize Mayor Boke to sign an Easement Agreement for a proposed 5-foot sidewalk along Hillsview Road as part of the Exit 8 Area Community Path Project. Ordinance 1332 – Hodgs moved, Jacobs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to approve the second reading of Ordinance 1332 – 2021 Appropriations Ordinance. Bond – Hodgs moved, Jacobs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to authorize the settlement of the Sales Tax Revenue Bonds, Series 2020A, for the TIF6 projects. Policy – Hodgs moved, Herrmann seconded and following discussions all voted to adopt the employee negative leave balance administrative policy while COVID-19 is ongoing. Resolution 2020-28 – Jacobs moved, Hodgs seconded and all voted to adopt Resolution 2020-28 as follows: Resolution No. 2020-28 RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER SIX, CITY OF SPEARFISH BE IT RESOLVED by the Common Council of the City of Spearfish, as follows: WHEREAS, the Common Council has established Spearfish Tax Incremental District Number Six by Resolution 2020-18 on August 17, 2020 with an effective date of August 18, 2020; and  WHEREAS, the Common Council deems it in the best interests of the City to promote the creation of affordable housing within the City; and WHEREAS, the projects identified within the Project Plan makes such affordable housing feasible by providing public works improvements within the tax increment district; and WHEREAS, the use of tax increment financing to promote this affordable housing development is authorized by the statutes of the State of South Dakota; and WHEREAS, a Project Plan for this Tax Incremental District proposing such improvements has been developed and recommended by the Spearfish Planning Commission; and WHEREAS, the Common Council has determined that the Project Plan developed for Tax Incremental District Number Six is economically feasible; and WHEREAS, the Common Council has further determined that this Project Plan is in conformity with the City of Spearfish Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SPEARFISH that the Project Plan for Tax Incremental District Number Six be, and is hereby approved; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the total amount of tax increment revenues authorized to retire the debts and obligations of Tax Incremental District Number Six shall not exceed $17,764,919 including interest, are hereby authorized as permitted under the provisions of SDCL 11-9. Dated this 21st day of September, 2020 CITY OF SPEARFISH By:________________________________ Dana Boke, Mayor ATTEST: _________________________________ Michelle DeNeui, Finance Officer (SEAL) Adopted: September 21, 2020 Published: September 22, 2020 Effective: October 12, 2020 Dedication – Eisenbraun moved, Jacobs seconded and all voted to authorize Council President Hodgs to sign the following documents related to the dedication of Red Fern Court, Gooseberry Road, Foxglove Court, and Buttercup Court:  1) Dedication and Acceptance of Public Improvements; 2) Storm Drain easement agreement pertaining to Foxglove Court; and 3) Drainage and Utility Easement document pertaining to Red Fern Court. Ordinance 1333 – Clark moved, Herrmann seconded and all voted to approve the first reading of Ordinance 1333 – An Ordinance Repealing Ordinance 1320. Hire – Hodgs moved, Herrmann seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to hire Travis Ladson as full-time (benefit eligible), fire chief, grade 23, step 1, $33.54 per hour ($69,763.20 annual salary), effective 10/5/2020. Award Bid – Eisenbraun moved, Hodgs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to award the lowest responsive and responsible bid for the 2020 Airport Perimeter Wildlife Exclusion Fence Project bid to Quinn Construction at a total of $1,279,870.50. Award Bid – Eisenbraun moved, Jacobs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to award the lowest responsive and responsible bid for the Sky Ridge Development Infrastructure Project Phase 1, to Zandstra Construction Inc. for a total base bid of $3,958,943.26. Bill List – Hodgs moved, Jacobs seconded and with Clark, Eisenbraun, Herrmann, Hodgs and Jacobs voting aye, motion passed to approve the bill list dated September 21, 2020 as follows: Vendor Description Amount A & B BUSINESS INC AUG 2020 CONTRACT BASE RATE $ 2,640.28 A & B WELDING SUPPLY CO GASSES/CYLINDERS $ 172.51 ALPINE IMPRESSIONS APPAREL $ 1,080.00 AMAZON CAPITAL SERVICES OFFICE/TECH/JANITORIAL/BOOKS $ 1,033.88 AMERICAN LEGAL PUBLISHING SUPPLEMENT PAGES $ 2,327.13 BAKER & TAYLOR BOOKS $ 647.13 BELLE FOURCHE LANDFILL AUG 2020 SOLID WASTE DISPOSAL $ 28,762.14 BELLE FOURCHE IRRIGATION DISTRICT LABOR/EQUIP/MILEAGE $ 897.60 BLACK HILLS ENERGY AUG / SEPT 2020 ELECTRICITY $ 14,666.48 BLACK HILLS PIONEER SUBSCRIPTIONS/LEGAL/MARKETING $ 2,323.35 BLACK HILLS PURE INC BOTTLED WATER/COOLER RENTAL $ 34.50 BLACK HILLS URGENT CARE JULY 2020 SCREENINGS $ 324.00 BROKEN LINK CONSTRUCTION LABOR/MATERIALS $ 36,160.18 BROWN, HEATH G PER DIEM 8/19-/20 - 8/26/20 $ 102.00 BUILDERS FIRSTSOURCE INC PARTS $ 60.80 BUTLER MACHINERY CO PARTS $ 498.63 BUTTE ELECTRIC COOP ELECTRIC 6/24/20 - 7/24/20 $ 47,307.16 CALIBRATION TECHNICIANS 02 SENSOR $ 165.00 VISUAL WORKS INC JULY 2020 ONLINE RESERVATIONS $ 1,494.00 CBH COOPERATIVE AUG 20 GAS/DIESEL $ 18,538.26 CITY OF SPEARFISH CC OFFICE/REGISTRATIONS/PER DIEM $ 5,510.23 CLAUSER MACHINE WORKS PARTS $ 143.00 CLIMATE CONTROL SYSTEMS 2020 PM CONTRACT/PARTS/LABOR $ 5,194.43 COBAN TECHNOLOGY MICROPHONE/TECH $ 60.00 COCA-COLA BOTTLING CO COFFEE/KITCHEN $ 1,206.00 CORE & MAIN LP PARTS/SUPPLIES $ 4,633.97 CROELL INC PSI NO ASH $ 225.00 CULLIGAN SOFT WATER CORP BOTTLED WATER X 13 $ 149.50 CVD CONSTRUCTION INC LABOR/EQUIP $ 1,267.50 DAKOTA PUMP INC SCADA EQUIP/LABOR/SVC CALL ON SITE $ 49,744.99 DALE'S TIRE & RETREADING TIRES $ 700.00 DANKO EMERGENCY EQUIPMENT PARTS/LABOR $ 71.60 RAPID CITY REGIONAL HOSPITAL SCREENINGS $ 535.00 MEDNANSKY, DOUGLAS LED SUPPLIES $ 360.00 ECOLAB PEST ELIMINATION RODENT CONTROL $ 233.89 EQUIPMENT SERVICE PROFESSIONAL SVC CALL/PARTS $ 279.30 NEWHOUSE ENTERPRISES INC OFFICE SUPPLIES $ 210.33 FIB - TRAVEL CARDS MISC VENDORS FUEL/LODGING/PER DIEM $ 2,357.04 FIB-AP PURCHASE CARDS ITEMIZED BY VENDOR - TOTAL $124,586.12 FOOTHILLS SEED INC SEEDS AND SUPPLIES $ 749.00 FRAWLEY RANCHES INC. REIMBURSE ELEC APR - AUG 2020 $ 62.72 THE GLASS SHOP LABOR/MATERIALS/REPAIRS $ 10,017.00 GRAINGER INC BATTERIES $ 277.02 GTI COMPANIES INC PICKLEBALL CT PROJECT 2019-15 $ 37,161.88 GUNDERSON TRUCKING INC TRANSPORT WWTP TO GILLETTE $ 2,500.00 HAGEMAN, THOMAS PER DIEM 8/10/20 - 8/29/20 $ 112.00 HDR ENGINEERING INC EXIT 17/SPORTS COMPLEX/WWTP $ 91,590.64 VIVI BENE INC PARTS/LABOR/LIGHT POLE $ 6,130.85 THE ICE MAN LLC ICE $ 1,339.20 JOLOVICH, CODY PER DIEM 8/10/20 - 8/29/20 $ 224.00 KLJ SOLUTIONS HOLDING CO EXIT 8 PATH/AIRPORT FENCE/XWIND $ 29,711.74 PCARD MISC VENDORS RETIREMENT GIFT $ 400.00 LAKESIDE EQUIPMENT CORP PARTS $ 233.00 LOWE ROOFING INC REFUND BP FEE/SHS ROOF $ 1,097.20 LYNN, JACKSON, SHULTZ & LE GENERAL BUSINESS ADVICE $ 149.00 MANDY BING LLC 100 BUNDLES OF FIREWOOD $ 350.00 MONTANA-DAKOTA UTILITIES 8/7/20 - 9/8/20 NATURAL GAS $ 1,394.06 MICHAEL TODD & CO TRAFFIC CONES/COLLARS $ 2,095.10 MIDCO AUG 2020 CABLE/INTERNET/TELEPHONE $ 923.93 MIDCONTINENT TESTING LABS AUG 2020 WATER TESTING $ 597.00 MONEY MOVERS AUG 2020 MONTHLY MAINT FEE $ 7.00 NORTHERN HILLS TRNG CENTER AUG 2020 JANITORIAL SVCS $ 1,320.46 NMS LABS LAB ANALYSIS $ 143.00 NORTH CENTRAL INTERNATIONAL PARTS/LABOR $ 707.27 MOSSET, COREY PARTS/LABOR $ 448.98 NORTHWEST PIPE FITTING CO COPPER PIPE $ 437.40 NUTRIEN AG SOLUTIONS INC PROSPECT PLUS $ 880.00  PRO WINDMILL INC AIR CARE/RODENT CONTROL $ 618.00 SOUTH DAKOTA ONE CALL AUG 2020 MESSAGE FEES $ 143.85 PAUL, JACOB PER DIEM 8/10/20 - 8/29/20 $ 112.00 GOSCMA ANNUAL MEMBERSHIP, M HARMON $ 150.00 PREMIER SAFETY CHEMICALS $ 1,019.41 QUIK SIGNS INC SIGNS $ 414.82 RCS CONSTRUCTION INC RELOCATE PARK BENCH $ 1,835.20 REDWOOD TOXICOLOGY LAB INC TESTING $ 165.06 ROSEN & ROSEN INDUSTRIES I MESH LIME VESTS $ 250.48 SACRISON ASPHALT INC LIMESTONE/TACK $ 1,346.50 SACRISON PAVING INC ASPHALT PATCHING $ 10,348.80 SAFEWAY STORES INC GROCERY/KITCHEN $ 37.82 SCHREINER ENTERPRISES, INC (10) RECEIPT BOOKS $ 267.45 SANITATION PRODUCTS INC HARNESS $ 753.26 SCALA INC ANNUAL RENEWAL $ 280.00 SPEARFISH CHAMBER OF COMMERCE LEADERSHIP: KAYLA SPRIGLER $ 595.00 SDRS SPECIAL PAY PLAN PARTICIPANT - KIM WHITNEY $ 45.00 SERVALL TOWEL & LINEN JANITORIAL $ 1,013.66 SHARKEY PLUMBING HEATING PARTS/LABOR/SVC CALL $ 2,500.00 SHERWIN WILLIAMS CO PAINT $ 2,654.10 SOUTH DAKOTA DOT BILLBOARD ADS $ 16.00 STAMPS.COM AUG/SEP 20 PRO PLAN $ 17.99 STEC'S INNOVATIVE SAFETY S AUG 20 SAFETY REWARDS CERTS $ 799.00 THE UPS STORE #5137 SHIPMENTS $ 22.52 THOMSON REUTERS WEST JULY 2020 DATABASE CHARGES $ 498.12 TURBIVILLE INDUSTRIAL ELEC ELEC PARTS/LABOR $ 425.15 ALB TWILIGHT LLC EARPLUGS $ 197.86 ULINE INC JANITORIAL $ 137.47 USA BLUE BOOK PARTS $ 47.87 CLARITY TELECOM LLC 7/16 - 8/15 PHONE/INTERNET $ 4,765.83 VERIZON WIRELESS 6/24 - 7/23 WIRELESS $ 4,400.33 VISIT SPEARFISH INC ALLOCATIONS $ 35,341.25 WAMCO LAB INC EFFLUENT ACUTE TOXICITY TEST $ 650.00 WENZEL, WILLIAM W PER DIEM, 8/10/20 - 8/29/20 $ 112.00 WISHBONE FENCING COMPANY PART/LABOR/INSTALLATION $ 3,534.00 ** TOTAL ** $ 498,692.06 Public comment section was opened at 6:13 p.m. with no comments received. There being no further business, Eisenbraun moved, Jacobs seconded and all voted to adjourn at 6:15 p.m. Dated this 21st day of September 2020. CITY OF SPEARFISH  By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.