City Council

Spearfish City Council Regular Session Minutes April 5, 2021 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, April 5, 2021. Mayor Boke presided and called the meeting to order. Roll call was taken with the following members present: Clark, Hodgs, Klarenbeek and Lee. Jacobs arrived at 5:41 p.m. Absent: Herrmann. Also present: City Administrator Harmon, City Planner Watson, Parks and Recreation Director Ehnes, City Attorney McDonald, City Engineer Mathis, Human Resource Director Mathis, Finance Officer DeNeui, Public Works Director Kean, Public Safety Director Rotert, Police Chief Jacobs, Fire Chief Ladson, Assistant Police Chief Dean and Executive Assistant Gengler. The agenda was amended to move item 16B to 8D. Klarenbeek moved, Hodgs seconded and all voted to approve the agenda as amended. No potential conflicts of interest were declared. Public Comment – Tracy Wangen of 846 Hill Street spoke on traffic issues on Tinton Road and Hills Street; Public Safety Director Rotert will follow-up. Jeremy Smith of 287 Evans Lane spoke on opposing the terms of the proposed lease agreement with Clearview Towers (item 12C on the agenda). Consent Agenda – Clark moved, Hodgs seconded and with Clark, Hodgs, Klarenbeek and Lee voting aye, motion passed to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated March 15, 2021. B. Approve and authorize Mayor Boke to sign the 2021 Weed Spraying Contract with TruGreen Lawn Care, total cost of $22,350, budgeted in General Fund and several enterprise funds. C. Approve and authorize Mayor Boke to sign the Memorandum of Understanding with Black Hills State University (BHSU) and Spearfish Adult Softball Association for the softball fields located at the BHSU Complex. D. Move Tayler Rovere to wastewater treatment operator II, grade 13, step 11, $21.88 per hour effective 4/4/2021. Due to successful completion of South Dakota Class II Wastewater Treatment Operator’s certification. E. Hire the following seasonal employees effective 4/6/2021: Parks Department: Kaelynn Ahrendt Parks Laborer $12.25 Larry Gabriel Parks Laborer $12.75 Jacob Ziegler Parks Laborer $12.50 Peyton Bodemann Parks Laborer $12.50 Hayden Sadowsky Parks Laborer $12.25 Kade Walter Parks Laborer $12.50 Grace Karsten Parks Laborer $12.25 Tiffany Valentine Parks Laborer $12.25 Emma Singer Parks Laborer $12.25  Joshua Coppe Cemetery Summer Laborer $12.25 Isaiah Tivis Cemetery Summer Laborer $12.25 Kathan Martel Campground Attendant $10.50 Tyler Barkley Spectator Recreation Laborer $12.25 Chad Barker Spectator Recreation Laborer $12.25 Elizabeth Smith Campground Assistant Manager $13.00 Grace Tieszen Parks Laborer $12.25 Hannah Snyder Campground Attendant $10.50 Public Works Jadyn Sirofchuck WWTF Summer Laborer $12.50 Christine Mart Street Summer Laborer $12.25 Recreation & Aquatics Center: Lainey Hall WSI Lifeguard $11.25 Lauren Cermak WSI Lifeguard $11.75 Bella Reid Lifeguard $11.00 Josie Kaufman WSI Lifeguard $11.00 Macy Johnson WSI Lifeguard $10.75 Grace Wetrich Lifeguard Coordinator $11.00 Bridger Janvirn Lifeguard $11.00 Tyler Huber Lifeguard $11.25 Madison Watts WSI Lifeguard $11.00 Mollie Zvorak Lifeguard Coordinator $12.00 Macy Johnson WSI Lifeguard $10.75 Brittney Case WSI Lifeguard $11.50 Kayla Olson WSI Lifeguard $11.00 Ryan Peldo WSI Lifeguard $11.25 Jewel West WSI Lifeguard $11.75 Braeden Ferguson Lifeguard Coordinator $11.50 Katelyn Sylvester WSI Lifeguard $10.75 Kristin Marcoe Summer Customer Service Ass’t $11.25 Catherine Walton Lifeguard $10.75 Brady Umberger Summer Customer Service Ass’t $10.00 Carleen Krebs WSI/Lifeguard $10.75 Fire Department: Cody Jolovich Wildland Firefighter $13.50 Carter Jones Wildland Firefighter $13.50 Items from Visitors Awards – Police Chief Jacobs presented Life Saver Awards to Officers Austin Drapeaux and Jacob Westover. Awards – Executive Assistant Gengler and Mayor Boke presented Years of Service Awards to the following employees: 5 Years – Shawn Fox, Greg King, Ed Richards, Collin Smith, Justin Woodroof 10 Years – Dustin Bush, Aaron Jurgensen, Dawn Lolley 15 Years – Gary Lillehaug, Tonya Vig, Lee Alberts 25 Years – Eric Bowers, Boyd Dean Banners – Clark moved, Hodgs seconded and all voted to approve the banners proposed and funded by Downtown Business Improvement District (DBID) for Main Street and Jackson Boulevard. John Senden represented the DBID for the request. Proclamation – Mayor Boke proclaimed April 11-17, 2021 as Public Safety Telecommunicator Week. City Attorney Resolution 2021-11 – Hodgs moved, Jacobs seconded and all voted to adopt Resolution 2021-11 as follows: RESOLUTION 2021-11 A RESOLUTION OF INTENT TO ENTER INTO A SURFACE LEASE AGREEMENT 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 lease agreement with L & H Industrial to lease Lot 3 of the Business Park owned by the City, 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 April 19, 2021. Dated this 5th day of April, 2021. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: April 5, 2021 Published: April 14, 2021 Effective: May 4, 2021 Engineering Amendment – Clark moved, Klarenbeek seconded and all voted to approve the Amendment to Exit 8 Area Community Path – Phase 1 Easement Agreement between Lawrence County and the City of Spearfish, to amend construction of path date. Award Bid – Hodgs moved, Clark seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to award the lowest responsive and responsible bid for the Salem Park Recreation Path Bridge Project to A & L Contractors at a total amount of $113,030.00, with funding source to be determined. Parks and Recreation Agreement – Clark moved, Hodgs seconded and all voted to approve and authorize Mayor Boke to sign the Transportation Alternative Grant Agreement (Project PTAPU(31) PCN 08E7) with the South Dakota Department of Transportation. Planning and Zoning Public Hearing – A public hearing was opened at 6:04 p.m. to consider Ordinance 1340 – An Ordinance Amending Appendix A. Zoning, Article V. Supplementary Regulations, Section 3. Minimum Amounts of Off-Street Parking Facilities Required, of the Revised Ordinances of the City of Spearfish. No oral or written comments were received and the hearing was closed. Ordinance 1340 – Hodgs moved, Lee seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to approve second reading of Ordinance 1340 – An Ordinance Amending Appendix A. Zoning, Article V. Supplementary Regulations, Section 3. Minimum Amounts of Off-Street Parking Facilities Required, of the Revised Ordinances of the City of Spearfish. Ordinance 1341 – Clark moved, Jacobs seconded and all voted to approve the first reading and set a public hearing for Monday, April 19, 2020 at 5:30 p.m. to consider Ordinance 1341 – An Ordinance Amending Appendix A – Zoning of the Revised Ordinances of the City of Spearfish by Zoning Certain Property. (Miller Ranch as DRD) Lease – Following discussions, Lee moved, Klarenbeek seconded and with Hodgs, Jacobs, Klarenbeek and Lee voting aye and Clark voting nay, motion passed to approve the lease terms proposed by Riverfront Broadcasting/Clearview Tower for the tower on Lookout Mountain. Permit Application – Lee moved, Klarenbeek seconded and with Hodgs, Jacobs, Klarenbeek and Lee voting aye and Clark voting nay, motion passed to authorize Clearview Tower to apply for a conditional use permit. Public Safety Ordinance 1342 – Jacobs moved, Lee seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to approve the second reading of Ordinance 1342 – An Ordinance Amending Chapter 14 Streets, Sidewalks, and Other Public Places, Article II. Streets and Public Rights-of-way, Division 2. Obstructions and Encroachments of the Revised Ordinances of the City of Spearfish. Ordinance 1343 – Klarenbeek moved, Clark seconded and all voted to approve the first reading of Ordinance 1343 – An Ordinance Amending Chapter 9 Vegetation, Article II. Trees, Division 3. Planting and Maintenance, Section 19-72. Trees on Private Property and Adding Sections 19-77 Wilt Disease and Invasive Species Information and Advisory Guide, 19-78 Hazardous Tree Emergency Declaration and 19-79 Additional Power of Administrative Staff of the Revised Ordinance of the City of Spearfish. Position – Clark moved, Hodgs seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to approve the position description and authorize the recruitment process for full-time Wildland Engine Boss/Firefighter. Public Works Resolution 2021-10 – Clark moved, Hodgs seconded and all voted to adopt Resolution 2021-10 as follows: RESOLUTION 2021-10 FEDERAL AID BRIDGE PROGRAM RESOLUTION FOR COUNTY AND URBAN PROJECTS WHEREAS, the City of Spearfish desires the __X__ replacement or _____ removal of the bridge hereinafter described: STRUCTURE NUMBER AND LOCATION: Structure #: 41-155-090 ~0.05 Miles West of US Hwy 85 LIST OF CURRENT LANDOWNERS ADJACENT TO THE PROJECT (NAMES & ADDRESSES): Elkhorn Ridge @ Frawley Ranches LLC Sodak Storage LLC 12600 W COLFAX AVE STE B130 PO BOX 556 LAKEWOOD, CO 80215 SPEARFISH, SD 57783 AND WHEREAS, the City of Spearfish is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements. AND WHEREAS, the City of Spearfish is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Federal Bridge Funds. AND WHEREAS, the bridge is in need of replacement for the following reasons: 1. The condition rating is Poor. 2. For Replacement project the bridge is not located on a County or Township designated No Maintenance or Minimum Maintenance Road. 3. For Removal project the bridge location will not be eligible for federal or state bridge funds in the event that a bridge is reconstructed. The owner agrees to submit a  separate resolution to delete the structure from the National Bridge Inventory upon completion of the project. 4. The bridge is located on a Federal Aid Route __X__, a school bus route __X__, a mail route _____, or other (please specify) ___________. 5. The load carrying capacity of the existing bridge can ____ or cannot __X__ be improved to carry legal loads by rehabilitation of the existing bridge. NOW THEREFORE BE IT RESOLVED: That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Roads Plan” and the State’s “Standard Specifications for Roads and Bridge,” the bridge project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration. Estimated Cost of Project Including Engineering: $750,000 Federal Share (81.95%): $614,625 Local Share (18.05%): $135,375 Vote of Commissioners/Council: Yes __X__ No _____ Dated this 5th day of April, 2021. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: April 5, 2021 Published: April 14, 2021 Effective: May 4, 2021 Allocation – Hodgs moved, Klarenbeek seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to allow allocation of the 2021 CIP Hudson Hall Roof Replacement funds to be utilized for other priority government building repairs. Reject Bids – Clark moved, Klarenbeek seconded and all voted to reject all bids for the Sandstone Hills Street Repair & Sewer Upsize Project. Bill List – Klarenbeek moved, Jacobs seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee voting aye, motion passed to approve the bill list dated April 5, 2021 as follows: Vendor Description Amount ADVANCED BUILDERS INC LABOR & MATERIALS BASEMENT $ 9,024.00 ADVANCED ELEMENTS INC BRIDGE REMOVE/REPLACE ENG $ 7,110.00 ALLSTATE PETERBILT CO WATER INLET/OUTLET $ 322.05 AMAZON CAPITAL SERVICES BOOKS, SUPPLIES, PARTS $ 1,910.71 AMICK SOUND INC FIRE PANEL $ 6,635.00 BAKER & TAYLOR BOOKS $ 1,238.62 BB&T GOVERNMENTAL FINANCE WWTP 2020 BOND REFINANCE P&I $ 186,299.13 BLACK HILLS ENERGY FEB/MAR 2021 ELECTRICITY $ 28,818.06 BLACK HILLS CHEMICAL CORP MATS, TOWELS, WIPES, CLEANER $ 2,188.58 BLACK HILLS PIONEER 2021 SUBSCRIPTION FOR PD $ 164.79 BLACKSTRAP INC. ROAD SALT X3 DELIVERIES $ 7,363.48 BOMGAARS SUPPLY INC TOOLS, SUPPLIES, PARTS, REPAIRS $ 1,472.35 BOSS ENTERPRISES, INC REPAIR WORK AT WWTP $ 3,099.18 BROWN, HEATH G 2021 BOOTS - BROWN AND LYFT REIMB $ 162.57 BUILDERS FIRSTSOURCE INC DRILL BIT, CAULK $ 634.08 BUTLER MACHINERY CO COUPLING $ 388.26 AINSWORTH AUTO PARTS LLC TPMS TRANSMITTER $ 42.11 CASH-WA DISTRIBUTING CO CONCESSIONS PRODUCTS $ 1,284.67 CDW GOVERNMENT PARTS $ 27.76 CENGAGE LEARNING BOOKS $ 59.37 TMT INC HARDBOUND TWL 10'' $ 257.40 CHAIN SAW CENTER STIHL CHAIN SAW, BAR OIL, REPAIRS $ 1,168.23 CHEYENNE CROSSING STORE LL FIRE BANQUET MEALS $ 1,837.50 CLARK PRINTING CORP HISTORY REMEMBERED POSTERS $ 6.60 CONDREY AND ASSOCIATES INC CLASSIFICATION & COMPENSATION $ 11,250.00 CREEKSIDE DEVELOPMENT LLLP FEB21 TAX INCREMENT $ 51,833.60 CVD CONSTRUCTION INC METAL SIDING REPAIR $ 8,980.00 ELKHORN RIDGE @ FRAWLEY RA FEB21 TAX INCREMENT $ 167,742.70 ENTENMANN-ROVIN BADGE-ACO $ 80.50 DICTATION SALES & SERVICES MAINT AGREEMNT 6/2021 - 5/2022 $ 8,783.00 NEWHOUSE ENTERPRISES INC PAPER, SUPPLIES, STAMPS, FOLDERS $ 372.13 FASTENAL CO GLOVES, EAR MUFFS $ 60.67 VIEHAUSER ENTERPRISES LLC LOCK REPAIRS AND BASEMENT LOCKS $ 15,699.92 THE GLASS SHOP SPEAK THRU WINDOWS $ 6,690.42 GREAT WESTERN TIRE INC TIRES FOR UNIT 43, FLAT REPAIR $ 1,076.80 GUNDERSON TRUCKING INC HAUL WASTE TO GILLETTE $ 1,000.00 HAUCK ELECTRIC & CONTROLS OVENS AT REC CENTER $ 5,186.35 HAWKINS INC AQUA HAWK $ 4,259.40 HDR ENGINEERING INC SKYRIDGE DEV & SPORTS COMPLX ENG $ 65,097.75 HEISLER HARDWARE BRUSH,SEALANT,SANDPAPER,BROOM $ 938.39 HEMEYER ENTERPRISES INC PAVING REPAIR $ 1,836.73 HOUCHEN BINDERY LTD CORP BOOKS $ 263.95 JUNEK'S SERVICE CORP SWITCH: STOP LAMP $ 29.63 KELLEY BLOCK LLC 2021 RESTROOM LEASE 3 OF 5 $ 3,600.00 KNECHT HOME CENTER INC SAWZALL BLADES, TOOLS, PARTS $ 1,235.59 KNIGHT SECURITY INC SERVICE CALL $ 300.00 MONTANA-DAKOTA UTILITIES 2/5 - 3/8 NATURAL GAS $ 9,045.72 MURPHY PETROLEUM TRANSPORT USED OIL PICK UP $ 110.00 NORTHERN HILLS VENTURES IN IT SVCS, O365 LICENSES, INSTALL COMP $ 14,286.44 PETTY CASH REIMB FOR PLAT FEES $ 258.00 POWELL, JACOB REFEREE SERVICES FOR 3 ON 3 $ 181.25 SCHREINER ENTERPRISES, INC GRAVE CARDS $ 69.60 RIVERSIDE TECHNOLOGIES INC 10 COMPUTERS 7 MONITORS $ 14,065.00 SANITATION PRODUCTS INC 65 AND 95 GAL CONTAINERS $ 14,792.00 SD BUILDING OFFICIALS ASSN MEMBERSHIP - BUSSIERE $ 5.00 SD DEPT OF HEALTH-PUBLIC H SCREENINGS $ 72.00 SD DEPT OF HEALTH HEP A & B DOSES $ 120.00 SOUTH DAKOTA ONE CALL MESSAGE FEES $ 58.80 SD NARCOTICS OFFICERS' ASS CONF-BUSH,DEAN,JACOBS,WEBER,LITTLE $ 250.00 SDRS SPECIAL PAY PLAN PARTICIPANT FEE- MELLOTT $ 45.00 SIMON CONTRACTORS OF SD IN 1" ROADSTONE $ 517.19 SOLE PERFECTION WORK SHOES - BROSNAHAN $ 100.00 SPEARFISH AUTO SUPPLY ALARM, SCREWDRIVERS,BLADES,LAMP $ 4,873.83 SPEARFISH GLASS INC REPLACE COMMERCIAL WINDOW $ 302.13 SPEARFISH LUMBER CO PAINT SUPPLIES, PLYWOOD $ 132.11 STEC'S INNOVATIVE SAFETY S FEB REWARDS $ 20.87 TNEMEC CO INC H-B EPOXOLINE LT GRAY $ 257.26 TYLER TECHNOLOGIES INC CIS/CRM 2021 FEE&MAINT & ONLINE FEES $ 4,005.55 VISIT SPEARFISH INC MARCH & APRIL BID FEES $ 20,794.00 WALMART COMMUNITY/GEMB OFFICE SUPPLIES,SUPPLIES,SAFETY $ 246.02 WARNE CHEMICAL & EQUIPMENT CAMLOCKS $ 395.00 WELLS PLUMBING CORP PLUMBING PARTS, PLUGS, PIPE $ 399.67 INTEGRITY ACQUISITION LLC REAPIRS, BREATHER CAP, SEAL, ARM $ 1,106.33 WHITE'S QUEEN CITY MOTORS VEHICLE PARTS $ 103.16 ZANDSTRA CONSTRUCTION SKY RIDGE CONSTRUCTION PE 6 $ 196,971.33 $ 901,415.29 March 2021 Salary Expense & Credit Card Fees Gross Wages/Benefits Gross Wages Benefits Mayor/Council $8,248.02 1.38% $7,661.88 $586.14 1.62% City Administrator 17,270.32 2.89% 13,894.40 3,375.92 2.94% City Attorney 10,238.70 1.72% 8,443.20 1,795.50 1.79% Finance 25,714.97 4.31% 20,172.67 5,542.30 4.27% Human Resources 8,045.50 1.35% 6,523.20 1,522.30 1.38% Gov't Bldgs 15,083.89 2.53% 11,594.52 3,489.37 2.45% Engineering 22,477.59 3.77% 18,048.58 4,429.01 3.82% Public Safety Admin 20,607.26 3.45% 16,244.73 4,362.53 3.44% Police 125,965.87 21.10% 98,446.54 27,519.33 20.83% Fire 14,173.01 2.37% 12,024.82 2,148.19 2.54% Bldg Inspection 18,639.55 3.12% 14,665.61 3,973.94 3.10%  Streets & Snow 51,231.06 8.58% 41,159.58 10,071.48 8.71% Cemetery 4,070.68 0.68% 3,033.03 1,037.65 0.64% Animal Control 3,634.82 0.61% 2,613.80 1,021.02 0.55% Recreation/Aquatic 36,872.60 6.18% 29,283.58 7,589.02 6.20% Parks 25,525.97 4.28% 20,086.33 5,439.64 4.25% Library 24,481.72 4.10% 19,214.97 5,266.75 4.07% Plan & Zone 12,834.96 2.15% 10,544.01 2,290.95 2.23% Motor Pool 11,151.42 1.87% 9,252.53 1,898.89 1.96% Wildland Fire 0.00 0.00% 0.00 0.00 0.00% Police Comm 37,285.10 6.25% 28,682.91 8,602.19 6.07% SAFER Grant 5,039.63 0.84% 3,613.46 1,426.17 0.76% Water 17,827.92 2.99% 13,684.99 4,142.93 2.90% Electric Production 13,252.43 2.22% 11,064.76 2,187.67 2.34% Sewer 16,927.02 2.84% 13,008.06 3,918.96 2.75% WWTP 26,931.46 4.51% 21,637.36 5,294.10 4.58% Solid Waste 21,469.13 3.60% 16,474.56 4,994.57 3.49% Campground 1,965.71 0.33% 1,470.27 495.44 0.31% Totals $596,966.31 100.00% $472,544.35 $124,421.96 100.00% Banking Fees March 91.40 Credit Card Fees March 4,075.61 Grand Total $601,041.92 Mayor and Council Trail – Following discussions, Hodgs moved, Lee seconded and all voted to rescind approval of the Spearfish Nature and History Trail proposal. There being no further business, Clark moved, Hodgs seconded and all voted to adjourn at 6:37 p.m. Dated this 5th day of April 2021. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.