City Council
Regular MeetingSpearfish, SD · April 19, 2021
Minutes
Spearfish Special Election Canvass Board
Special Session Minutes
April 19, 2021
The Spearfish City Council met for the Election Canvassing in the Council Chambers at City Hall at 5:30
p.m. on Monday, April 19, 2021 with the following members present: Mayor Boke, Clark, Hodgs, Jacobs,
Klarenbeek, and Lee. Absent: Herrmann. Also present: City Administrator Harmon, Finance Officer
DeNeui, Attorney McDonald, City Planner Watson, Parks and Recreation Director Ehnes, Human
Resource Director Mathis, Public Works Director Kean, and Public Safety Director Rotert.
Mayor Boke presided and called the meeting to order. All stood and recited the Pledge of Allegiance.
Clark moved, Jacobs seconded and all voted to approve the agenda.
Finance Officer DeNeui read the returns from the County Auditor’s tabulations and the governing board
was satisfied they were accurate and genuine and matched the official canvass sheet.
Mayor Boke declared the results of Scott Hourigan, Ward 2 Council Member. Klarenbeek moved, Hodgs
seconded and all voted to approve the official canvass sheet.
Jacobs moved, Klarenbeek seconded and all voted to approve Resolution 2021-14 as follows:
RESOLUTION 2021-14
EMERGENCY RESOLUTION CANVASSING VOTE FOR THE
MUNICIPAL ELECTION HELD APRIL 13, 2021
BE IT RESOLVED by the Common Council of the City of Spearfish, South Dakota, as follows:
1. The Municipal Election held on April 13, 2021 has in all respects been duly called and held and canvassed.
2. At said election, the total number of votes cast at each and all polling places were as follows:
Candidates Votes
Ward II Scott Hourigan 147
Rob Herrmann 31
Drew Dutton 109
NOW THEREFORE, BE IT RESOLVED by the City of Spearfish that the Official Canvass Sheet, attached
hereto and incorporated herein by this reference, is approved by the Common Council in its capacity as the
Board of Canvassers for the City of Spearfish.
Dated this the 19th day of April, 2021.
CITY OF SPEARFISH
(Seal) BY: _______________________________
Dana Boke, Mayor
ATTEST:
BY: _______________________________
Michelle DeNeui, Finance Officer
Adopted: April 19, 2021
Published: April 24, 2021
Effective: April 24, 2021
Public comment section was opened at 5:33 p.m. and no comments were received.
There being no further business before the Council Clark moved, Jacobs seconded and all voted to adjourn
at 5:34 p.m.
Dated this the 19th day of April, 2021.
CITY OF SPEARFISH
BY: _______________________________
Dana Boke, Mayor
ATTEST:
BY: _______________________________
Michelle DeNeui, Finance Officer
Published once at an approximate cost of _______.
Spearfish City Council
Regular Session Minutes
April 19, 2021 5:34 p.m.
The Spearfish City Council met at 5:34 p.m. on Monday, April 19, 2021. Mayor Boke presided and
called the meeting to order. Roll call was taken with the following members present: Clark, Hodgs,
Jacobs, Klarenbeek and Lee. Absent: Herrmann. Also present: City Administrator Harmon, City
Planner Watson, Parks and Recreation Director Ehnes, City Attorney McDonald, Human Resource
Director Mathis, Finance Officer DeNeui, Public Works Director Kean, and Public Safety Director
Rotert.
Klarenbeek moved, Jacobs seconded and all voted to approve the agenda. No potential conflicts of
interest were declared.
Public Comment – Nathan Jeffery questioned when time was available to speak on the Miller
Ranch item and was advised that a public hearing would be held later in the meeting to gather input
on that matter. No other comments were received and the public comment section was closed at
5:37 p.m.
Consent Agenda – Clark moved, Hodgs seconded and with Clark, Hodgs, Jacobs, 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 April 5, 2021.
B. Approve the treasurer’s report dated March 31, 2021.
C. Add Katie Clark to the volunteer firefighter list.
D. Hire the following seasonal employees effective 4/16/2021:
Parks Department:
Austin McMillin Spec Rec $12.25
Leslie Duddy-Lang Parks Summer Laborer $12.25
Recreation & Aquatics Center:
Jessa McFarland WSI/Lifeguard $11.25
Isabel Castillo WSI/Lifeguard $10.75
Kjellen Bogard Lifeguard $10.50
Anna Peldo Lifeguard $10.50
Benjamin Wise Lifeguard $10.75
Madison Watts Lifeguard $11.00
Dane Burghduff Lifeguard $10.50
Emily Shuck WSI/Lifeguard $11.00
Tyler Cermak WSI/Lifeguard $11.25
Nicholas Wise Lifeguard $10.50
McKenzie Becker Summer Rec Assistant $10.00
Items from Visitors
Community Mural – Following a presentation from Taylor Lage, Clark moved, Hodgs seconded
and all voted to approve her community mural project to be located in the Spearfish Recreation and
Aquatics Center.
Compensation Plan – Condrey and Associates, Inc. presented the results of the Job Classification
and Compensation Plan and reviewed the options suggested by the firm. Following discussions, Lee
moved, Jacobs seconded and with Clark, Hodgs, Jacobs and Lee voting aye, Klarenbeek voting nay,
motion passed to implement the Condrey proposed grade and step schedule B with equity
adjustment for employee wages effective 5/2/2021:
Employee Title Wage
Addison, Jade facility maintenance technician $ 17.39
Alberts, Lee mechanic $ 30.68
Alderman, Daryl recreation facility maintenance supervisor $ 28.49
Anderson, Cole parks maintenance and forestry technician $ 21.19
Ash, Dylan communications officer $ 19.19
Babb, Jessica communications officer $ 19.67
Baker, Dalton water/wastewater utility operator III $ 25.18
Bardsley, Jeffrey parks maintenance and forestry technician $ 20.67
Barrie, Michael shop supervisor $ 27.80
Bates, Madison recreation assistant $ 14.99
Beal, Scott animal control officer/parking attendant $ 18.27
Birk, Candi police officer - school resource officer $ 33.87
Block, Dion street technician $ 20.67
Bradley, Hunter police officer $ 26.46
Brosnahan, Dawn recreation facility maintenance technician $ 19.19
Brown, Heath recruitment & retention coordinator $ 25.18
Burtzlaff, Miles water/wastewater utility superintendent $ 37.39
Bush, Dustin police sergeant $ 31.45
Bussiere, Erica administrative assistant $ 19.67
Christy, Lauren communications officer $ 19.19
Chyba, Kayla recreation & campground coordinator $ 25.18
Dean, Boyd assistant police chief $ 51.54
DeNeui, Michelle finance officer $ 50.28
Dimond, Heather communications officer $ 19.19
Drapeaux, Austin police officer $ 25.18
Drew, Kadyn project inspector $ 29.94
Driscoll, Jennifer customer service assistant $ 14.99
Eddy, Travis parks maintenance and forestry technician $ 22.26
Ehnes, Tyler parks and recreation director $ 45.55
Evridge, Bob wastewater treatment superintendent $ 46.69
Forsch, Sidney recreation assistant $ 14.99
Fox, Shawn police detective $ 29.21
Gellett, Jason police officer - school resource officer $ 28.49
Gengler, Paula executive assistant $ 23.97
Gose, Kevin traffic signal technician P-T $ 27.12
Granbois, Darrell water/wastewater service worker $ 19.19
Granbois, Darrell solid waste operator P-T $ 21.19
Griebler, Tracy assistant finance officer $ 34.72
Hafner, Dennis building inspector $ 31.45
Hafner, Jamie accounting specialist $ 28.49
Hanson, Dean public works technician $ 21.72
Hanson, Steven hydroelectric plant operator $ 31.45
Hargens, Gary facility maintenance superintendent $ 33.04
Harmon, Michael city administrator $ 71.04
Heiting, Barbara administrative assistant $ 19.19
Herring, Janet recreation facility maintenance technician $ 19.19
Hoffman, Nancy administrative coordinator $ 21.72
Hofmann, Steven police sergeant $ 38.32
Hopfinger, Dennis solid waste operator $ 21.19
Hunt, Bradly wastewater treatment operator II $ 22.82
Jacobs, Curtis police chief $ 56.89
Jensen, Chris water/wastewater utility operator I $ 19.67
Jeske, Jerome water/wastewater utility operator III $ 25.18
Johannesen, Joel solid waste operator $ 20.67
Jurgensen, Aaron police corporal $ 29.94
Kaitfors, Stephanie librarian $ 25.18
Kean, Brandy public works director $ 51.54
King, Greg hydroelectric plant operator P-T $ 22.26
Klein, Justin parks maintenance and forestry technician $ 20.67
Kostur, Lee Ann library page P-T $ 12.61
Ladson, Travis fire chief $ 38.32
Lillehaug, Gary hydroelectric plant superintendent $ 42.30
Little, Verla police corporal $ 36.47
Lolley, Dawn communications officer $ 21.19
Magee, Erin library page P-T $ 12.31
Mathis, Jodi human resources director $ 45.55
Mathis, Kyle city engineer $ 55.50
McDonald, Ashley city attorney $ 54.15
McDonald, Rex parks maintenance and forestry superintendent $ 32.24
McMahon, Adam assistant public works director $ 43.36
Miller, Tanner street technician $ 19.67
Monnens, Shayna librarian $ 26.46
Morgan, Travis solid waste operator $ 19.67
Mowery, Justin police officer $ 25.18
Nelson, Austin facility maintenance technician $ 17.82
Nicholas, Nicolle water/wastewater utility operator I $ 21.19
Niles, Jeannette customer service assistant $ 14.99
Paisley, Thomas building official $ 40.26
Palmer, Woodrow wastewater treatment operator I $ 21.19
Pearson, Andrew police officer $ 27.12
Penrose, Patricia fitness & aquatics coordinator $ 23.39
Plocek, Neil street technician $ 21.72
Plocek, Richard rubble site operator P-T $ 17.82
Powell, Jennifer utility billing coordinator $ 28.49
Rauterkus, Brett recreation facility superintendent $ 33.87
Reurink, Tyler communications officer $ 19.67
Richards, Edward mechanic P-T $ 25.18
Rolando, Anne-Marie customer service assistant $ 15.37
Rosenau, Samantha police officer $ 25.81
Rotert, Patrick public safety director $ 64.36
Rovere, Tayler wastewater treatment operator II $ 22.82
Ruvolo, Dustin police officer $ 25.18
Schlinkert, Celeste library assistant P-T $ 17.39
Shallenberger, Kaitlyn facility maintenance technician P-T $ 17.82
Smith, Collin police detective $ 29.21
Smith, Dillon recreation assistant $ 14.99
Sprigler, Kayla administrative coordinator $ 22.82
Stulken, Tom librarian $ 23.97
Sundberg, Amy library assistant P-T $ 16.96
Swisher, Kaija records manager - public information officer $ 23.97
Ulmer, Brian plumbing/mechanical inspector $ 28.49
Van Holland, Daniel code enforcement officer $ 25.81
Velder, Veronica customer service assistant $ 14.99
Vig, Tonya floodplain administrator $ 33.87
Vosburg, Brian communications officer $ 19.67
Warner, Judith communications supervisor $ 27.80
Watson, Jayna city planner $ 51.54
Weatherstone, Ralph rubble site operator P-T $ 16.96
Weber, Mark police sergeant $ 38.32
Westover, Jacob police officer $ 25.18
Wilde, Amber library director $ 41.27
Williams, Mark wastewater treatment operator III $ 31.45
Williams, Scott water/wastewater utility operator I $ 20.17
Woodroof, Justin water/wastewater utility operator III $ 25.18
Woods, Christopher police officer $ 25.18
Young, Thomas rubble site lead operator $ 21.72
City Attorney
Agreement – Clark moved, Hodgs seconded and all voted to approve the Airport Management
Agreement with Eagle Aviation.
Lease and Agreement – Clark moved, Hodgs seconded and all voted to approve the Lease and
Field Base Operator Agreement with Eagle Aviation.
Resolution 2021-12 – Jacobs moved, Klarenbeek seconded and all voted to approve Resolution
2021-12 as follows:
RESOLUTION 2021-12
A RESOLUTION OF INTENT TO ENTER INTO A HAY LEASE AGREEMENT FOR
CERTAIN AIRPORT PROPERTY
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 hay lease
agreement with Doug Bechen and Gerard Cuka to lease portions of the Black Hills Airport
– Clyde Ice Field, 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 3, 2021.
Dated this 19th day of April, 2021.
CITY OF SPEARFISH
By: ____________________________
(Seal) Dana Boke, its Mayor
Attest:
________________________________
Michelle DeNeui, Finance Officer
Adopted: April 19, 2021
Published: April 24, 2021
Effective: May 14, 2021
Resolution 2021-13 – Klarenbeek moved, Hodgs seconded and all voted to approve Resolution
2021-13 as follows:
RESOLUTION 2021-13
A RESOLUTION OF INTENT TO ENTER INTO A HAY LEASE AGREEMENT FOR
CERTAIN AIRPORT PROPERTY
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 hay lease
agreement with Stacy Moke to lease portions of the Black Hills Airport – Clyde Ice Field,
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 3, 2021.
Dated this 19th day of April, 2021.
CITY OF SPEARFISH
By: ____________________________
(Seal) Dana Boke, its Mayor
Attest:
________________________________
Michelle DeNeui, Finance Officer
Adopted: April 19, 2021
Published: April 24, 2021
Effective: May 14, 2021
Finance
Transfers – Hodgs moved, Klarenbeek seconded and all voted to authorize the finance office to
make the following Payment in Lieu of Tax (PILT/PILOT) transfers:
From 602-Water Fund 602-49300-4560 (Water-Subsidies) $102,012
603-Hydro Fund 603-49300-4560 (Hydro-Subsidies) $10,823
604-Sewer Dept 604-49300-4560 (Sewer-Subsidies) $90,885
604-WWTP Dept 604-49300-4560 (Sewer-Subsidies) $50,345
606-Airport Fund 606-49300-4560 (Airport - Subsidies) $21,319
610-Parking Fund 610-49300-4560 (Parking-Subsidies) $130
612-Solid Waste Fund 612-49300-4560 (Solid Waste-Subsidies) $13,293
615-Campground Fund 615-49300-4560 (Campground-Subsidies) $7,132
To 101-General Fund 101-39101 (Transfers In) $295,939
Transfer – Jacobs moved, Hodgs seconded and all voted to transfer $25,000 from General Fund to
Historic Procurement Fund.
Parks and Recreation
Set Bid Opening – Clark moved, Klarenbeek seconded and all voted to set the bid opening for the
Sky Ridge Sport Complex on or after Wednesday, May 19, 2021 at 1:30 p.m. in the Council
Chambers.
Proposals – Clark moved, Jacobs seconded and all voted to authorize City staff to request
proposals for the complex naming rights of the Sky Ridge Sports Complex.
Planning and Zoning
Public Hearing – A public hearing was opened at 6:12 p.m. to consider Ordinance 1341 – An
Ordinance Amending Appendix A. Zoning of the Revised Ordinances of the City of Spearfish.
Comments were received from residents Micah Peters and Roger Burkard and neighboring property
owner Nathan Jeffery. Public hearing was closed at 6:25 p.m.
Ordinance 1341 – Following discussions, Clark moved, Hodgs seconded and with Clark, Hodgs,
Jacobs, Klarenbeek and Lee voting aye, motion passed to approve the second reading of Ordinance
1341 – An Ordinance Amending Appendix A – Zoning of the Revised Ordinances of the City of
Spearfish by Zoning Certain Property. (Miller Ranch as Development Review District (DRD))
DRD Conditions – Hodgs moved, Clark seconded and all voted to approve the conditions of the
DRD.
Agreement – Jacobs moved, Klarenbeek seconded and all voted to approve the development
agreement for Miller Ranch with MC Ranch, LLC.
Preliminary Plat – Clark moved, Klarenbeek seconded and all voted to approve the preliminary
plat for phase 1 of the Miller Ranch development.
Preliminary Plat – Following discussions, Jacobs moved, Hodgs seconded and all voted to approve
a preliminary plat and variance located in the 3-mile extra territory platting jurisdiction for the
Western Slope Subdivision.
Public Safety
Ordinance 1343 – Clark moved, Jacobs seconded and with Clark, Hodgs, Jacobs, Klarenbeek and
Lee voting aye, motion passed to approve the second 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.
Agreement and Waiver – Clark moved, Klarenbeek seconded and all voted to approve the
agreement and waiver for the fire department to conduct training exercises on private property.
Public Works
Surplus – Clark moved, Klarenbeek seconded and all voted to surplus the structure at 4029 E.
Colorado Blvd. as well as concrete, building foundations, and site debris located at the McLaughlin
Sawmill site and the provided list of items to be destroyed or disposed.
Change Order – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Jacobs, Klarenbeek and
Lee voting aye, motion passed to approve change order 3 for the Sky Ridge Subdivision – Phase 1,
with a net increase of $23,000 (+0.25%) with the overall completion date not being changed for the
planned work.
Bill List – Clark moved, Klarenbeek seconded and with Clark, Hodgs, Jacobs, Klarenbeek and Lee
voting aye, motion passed to approve the bill list dated April 19, 2021 as follows:
VENDOR DESCRIPTION AMOUNT
A & B BUSINESS INC COPIER CONTRACTS $2,529.06
A & B WELDING SUPPLY CO ARGON MIX/OXY/ACET/PRPYLENE $490.87
A & J SUPPLY CLIPS/CUTTING DISC/GRINDING DI $1,499.93
ALLEGIANT EMERGENCY SVCS I TIC BATTERY $157.68
AMAZON CAPITAL SERVICES BOOKS, MAILERS, SIGNS, WRAPPERS $977.80
AMAZON.COM YRS OF SVC, PERF PAPER $770.30
AMERICAN PUBLIC WORK ASSN JOB POSTING - HYDRO ELE SUPT $325.00
WESTERN STATES FIRE PROTEC RELOCATE HORN/STROBES, MONITORING $2,162.00
BAKER & TAYLOR BOOKS $460.05
BELLE FOURCHE LANDFILL MARCH LANDFILL TIPPING FEES $28,824.48
BELLE FOURCHE REC CENTER LIFEGUARD RECERT & POOL RENTAL $102.33
BLACK HILLS ENERGY FEB/MARCH 2021 ELECTRICITY $2,167.36
BHSU PRINTING CENTER BILL PRINTING $219.80
BIERSCHBACH EQUIP & SUPPLY COMBO GUARDS $781.00
BLACK HILLS CHEMICAL CORP FLOOR CLEANER, DETERGENT, GLOVES $2,276.48
BLACK HILLS PIONEER MARCH LEGALS, REC CENTER ADS $970.76
BLACK HILLS PURE INC WATER 5 GALLONS, COOLER RNETALS $34.50
BLACK HILLS URGENT CARE LL EMPLOYEE TESTING $195.00
BLACKSTRAP INC. ROAD SALT - 4 DELIVERIES $9,630.74
BLUE STONE PRODUCTS INC SAFETY VESTS X 5 $2,637.40
BROWN, HEATH G SALT LAKE CITY TRN PER DIEM $336.00
BUTTE ELECTRIC COOP ELECTRICITY 1/24-2/24; AIRPPORT SERVICE $53,400.85
BYRUM, MEGHAN 2021 CITY/SCHOOL ELECTION BOARD $212.60
VISUAL WORKS INC ONLINE RESERVATION FEES $441.00
CBH COOPERATIVE FUEL MARCH 2021 $25,208.47
TMT INC BATH TISSUE, FLOOR CLEANER, PADS $2,159.30
CENTURYLINK INC 911 BACKUP, HYDRO, AIRPORT SVCS $354.61
CHICAGO FAUCET SHOPPE.COM PUSH BUTTON FAUCET $278.23
CLAUSER MACHINE WORKS BRASS FITTINGS FOR BRONZE COUP $540.00
CLIMATE CONTROL SYSTEMS & BASEMENT, DAYCARE ROOM, HUMANE SOC $15,376.24
CNA SURETY 2021 BLANKET NOTARY BONDS $243.75
COBAN TECHNOLOGY BODY CAMERA/SHIPPING $489.00
COCA-COLA BOTTLING CO COFFEE, CONCESSIONS, CREAMER $939.50
DIAS, GREGORY K LABOR ON COMPUTERS, NETWORK SVCS $1,723.54
DG INVESTMENT INTERMEDIATE VIDEO REPAIRS $936.23
CORE & MAIN LP SOLID COPPER DISC/CAP NO LEAD $591.48
COURTYARD BY MARRIOTT 2 NIGHTS HOTEL - BIRK & GILLETT $418.32
CRIMINAL JUSTICE LERM CONF LERM REGISTRATION - SWISHER $395.00
CULLIGAN SOFT WATER CORP BOTTLED WATER AT WWTP $163.00
CVD CONSTRUCTION INC LABOR & MAT ON SEWER/WATER REPAIRS $1,568.72
DEITSCHMAN, NATHAN SALT LAKE PER DIEM 3-21 - 3-26 $336.00
DELTA.COM BAGGAGE FEES AND FLIGHTS, SLC $1,106.40
DIGITALOCEAN LLC OBITS ONLINE $5.00
DIVISION OF MOTOR VEHICLES LICENSE PLATE RENEWAL FEES $5.00
EARL, BRANDON WILDLAND BOOTS - EARL $100.00
ECOFERT, INC PRZ SPORTS FIELD WEBINAR $225.00
ECOLAB PEST ELIMINATION BUG SPRAYING SERVICES $406.60
NEWHOUSE ENTERPRISES INC PAPER, STICKY NOTES, INK $561.56
NORTH AMERICAN TRUCK AND T PARTS AND FREIGHT $350.56
FACEBOOK INC 3 ON 3 ADS $20.00
FASTENAL CO SCREWS, SPIRAL POINT PLUG TAPS $12.09
FIB - TRAVEL CARD MISC VEN FUEL - FT PIERRE $145.20
FIB-AP PURCHASE CARDS ITEMIZED BY VENDOR, TOTAL OF $164,305.64
BDG INC ROOTSAW BLADE (2) $272.15
EDDIE'S TRUCK CENTER DRUM/SHOE & LINING KIT, FENDER, GLOVES $1,263.60
FRONTIER STONE CO RIVER ROCK $300.00
GEA MECHANICAL EQUIP US IN HIGH PRESSURE GREASE $254.26
VIEHAUSER ENTERPRISES LLC MESSAGE BOARD KEYS, KEYS $41.80
GOODMAN, MATT 2021 CITY/SCHOOL ELECTION BOARD $200.00
GRAINGER INC PLEATED AIR FILTER, BATTERY, MATS $1,056.06
GUNDERSON TRUCKING INC WASTE HAULING $3,500.00
HAGEMAN, THOMAS 3/19 TO 3/21 PIERRE PERDIEM $80.00
HAWKINS INC BLEACH CHEMICALS $960.00
HDR ENGINEERING INC SKYRIDGE CON ADMIN/COMPLEX DESIGN $73,096.30
HEIMAN FIRE EQUIPMENT INC BLUE HOSE $5,360.75
HIGH MOUNTAIN OUTFITTERS L SKJODAL THANK YOU, YRS OF SVC $92.56
HIRE AUTHORITY INC REG MBI REMOTE LEARNING $810.00
HOLIDAY IN EXPESS & SUITES 5 NIGHTS HOTEL - FF TRAINING $1,227.90
HOLIDAY INN EXPRESS & SUI 4 NIGHTS HOTEL - FF TRAINING $588.00
IAED EMD RECERT, DAY/BERGER $85.00
ISA-ARBOR.COM ARBORIST RECERT - EHNES $230.00
JENNER EQUIPMENT CO MIRROR/MIRROR ARM $89.84
JIMMY JOHNS #3223 MEALS FOR TRAINING $21.48
JJS GLOBAL VENTURES INC QUAD GAS $310.00
TODD EMERY COLLINS JET DOWNTOWN RESTROOM $275.00
JOLOVICH, CODY PIERRE TRAINING PERDIEM $154.00
KLJ SOLUTIONS HOLDING CO CROSSWIND RUNWAY PH 3, FENCE CA/ENG $28,035.84
KNIGHT SECURITY INC PAVILION MONITORING 5/21-4/22 $480.00
KONE INC CITY HALL MAINTENANCE $167.56
KURITA AMERICA INC. DBA TO MEDIA REPLACEMENT-TONKA/FREIGH $11,050.00
LOU'S GLOVES INC LATEX POWDER FREE GLOVES $376.00
LYFT LYFT RIDES X 4 $65.67
MID-AMERICAN RESEARCH CHEM DISINFECT/AEROSOL/WASP KILLER $942.14
MARRIAGE L.I.F.E. MARRIAGE L.I.F.E. 2021 EVENT - SWISHER $158.00
MCLEOD'S PRINTING ELECTION SLEEVES/POLL BOOKS $268.45
MCMASTER CARR, INC DYMO TAPE $57.61
MONTANA-DAKOTA UTILITIES 3/9/21 - 4/7 21 NATURAL GAS $5,210.17
MENARDS SHELF & TIER $167.94
MEREDITH SERVICES CO INC EXCAVATION FOR WATER/SEWER REPAIR $6,661.15
MIDCO FEBRUARY SERVICE $1,686.37
MIDCONTINENT TESTING LABS, WATER/WWTP TESTING FEB 2021 $11,225.20
MONEY MOVERS MONTHLY MAINT FEE $7.00
MONUMENT HEALTH HOME DRUG SCREENINGS $105.00
NORTHERN HILLS TRNG CENTER JANITORIAL SVCS MARCH 2021 $288.91
MOSSET, COREY REPLACE DOOR CABLE $280.61
NORTHWEST PIPE FITTING CO MALE ADAPTER/FLARE NUT $432.52
PRO WINDMILL INC REFILLED AIR CARE CARTRIDGES/SPRAYING $773.00
ONE TIME VENDORS DAN PATTERSON: CG REFUND $360.00
PAUL, JACOB PIERRE TRAINING PER DIEM $80.00
PISANI, SUSAN R 2021 CITY/SCHOOL ELECTION SUP $267.60
PITNEY BOWES INC TAPE STRIPS, POSTAGE MACH RENTAL $293.02
PETTY CASH PLAT DOC FILING FEES $92.00
SCHREINER ENTERPRISES, INC ANIMAL CONTROL BOOKS, TICKETS, RECEIP $937.75
PRIORITY DISPATCH CORP LICENSE RENEWALS EMD $294.00
PUSH PEDAL PULL INC KEYPAD OVERLAY SERVICE CALL $47.84
QUIK SIGNS INC BUSINESS CARDS, SIGNS, CUTOUTS $743.57
RAPID DELIVERY MID CO DELIVERY SERVICES $120.22
RAPID FIRE PROTECTION INC FIRE SPRINKLER BASEMNT BATHROO $1,316.33
REED, THERESA DAWN DOWNTOWN RR CLEANING $465.00
ROCKERVILLE VOLUNTEER FIRE BH WILDLAND TRAINING $100.00
ROSENBAUM'S SIGNS INC NEW SIGN AND DECORATIVE BASE $1,565.60
SAFETYSIGN.COM BLACK IRON A-FRAM STANDS 18 $2,437.62
SAFEWAY STORES INC PLATES/NAPKINS/COOKIES/CREAMER $36.54
SCHEELS ALL SPORTS YRS OF SVC-VIG, JURGENSEN $250.00
SD GOVERNMENTAL FINANCE OF DENEUI REGISTRATION FO SCHOOL $150.00
SOUTH DAKOTA ONE CALL MARCH MESSAGE FEES $168.00
SDARWS ANNUAL MEMEBERSHIP DUES $1,240.00
SERVALL TOWEL & LINEN SANITIZER/MOP/WIPES/ICE MELT $699.65
SCOTT RITSCHE DBA DNH TOOL FLEX LIGHTS - 3 $387.00
SOLVIE, KATIE DBA KATIE LA EVENT PHOTOS - FD BANQUET $550.00
SOUTH DAK STATE TREASURER MARCH SALES TAX $12,943.62
VIVI BENE INC CEMETERY TANK/THERMOSTAT $259.84
SPEARFISH AMBULANCE SERV EQUIPMENT BATTERY/AED PADS $180.20
SPEARFISH LUMBER CO PAINT,ROLLER,TRAYS, TAPE $714.75
STATE OF SD-EXECUTIVE MGMT CENTREX TELEPHONE NETWORK USAGE $16.82
STEC'S INNOVATIVE SAFETY S EMPLOYEE REWARDS PROGRAM $740.97
BRIGHT, MICHAEL D DBA SUNS 9MM AMMO $2,800.98
SUPER CAR WASH CAR WASHES JAN-MAR 2021 $229.33
TSP INC CITY HALL/LIBRARY RENO DESIGN $200.00
TWO WHEELER DEALER CYCLE 2 CABLES FOR CROSSOVER MACHINE, TUBES $505.00
TYLER TECHNOLOGIES INC INSITE PMT FEES 1/1 TO 3/31, TEXT FEES $2,725.80
US BANK NATIONAL ASSOCIATI GOLLIHER BOND PRINCIPAL&INTEREST $91,072.41
USA BLUE BOOK SENSOR CABLE, BUCKLES, PLUGS $802.18
CITY OF SPEARFISH MARCH 2020 W/S/G $5,308.36
CLARITY TELECOM LLC 2/16/21-3/15/21 PHONE SERVICES $4,406.68
VERIZON WIRELESS 1/24 - 2/23 VERIZON WIRELESS $4,277.57
VIOLA SOFTWARE LLC HOSTING FOR GPS SOFTWARE $25.00
WALL STREET JOURNAL WALL STREET JOURNAL MAR21 SUBS $44.99
WALMART.COM YRS OF SVC-KING,WOODROOF,BUSH $260.08
WAMCO LAB INC TOXICITY TEST $1,800.00
WARNE CHEMICAL & EQUIPMENT DRYLAND PASTURE MIX $2,440.00
WELLS PLUMBING CORP FIRE NOZZEL, CAPS $13.16
WERNER III, DONALD C SALT LAKE TRAIN PER DIEM $336.00
WESTERN COMMUNICATIONS 6 BATTERIES $540.00
ARAMARK UNIFORM & APPAREL ELECTROPAD/PAIN RELIEF/BANDAID $198.22
WOLFF'S PLUMBING & HEATING ROUGH IN CITY HALL BATHROOM, REPAIR $7,295.40
$477,708.73
Mayor and Council
FYI – Mayor Boke to proclaim Friday, April 23, 2021 as Arbor Day 2021 in the City of Spearfish.
There being no further business, Hodgs moved, Jacobs seconded and all voted to adjourn at 7:02
p.m.
Dated this 19th day of April 2021.
CITY OF SPEARFISH
By:_________________________________
Dana Boke, Mayor
ATTEST:
___________________________________
Michelle DeNeui, Finance Officer
Published once at the approximate cost of _____.
Agenda
Prepared by:
City of Spearfish
625 N. 5th Street
Spearfish, SD 57783
(605) 717-1122
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (hereinafter “Agreement”) is made and entered into
this ____ day of ___________________, 2021 by and between the CITY OF SPEARFISH, a
municipal corporation and political subdivision of the State of South Dakota, 625 North Fifth
Street, Spearfish, South Dakota 57783 (hereinafter “Spearfish”) and MC RANCH, LLC, 3420
Gallatin Loop, Bismarck, North Dakota, 58504 (hereinafter “Owner”).
1. Owner is the owner of the following described real property situated in the City of
Spearfish, Lawrence County, South Dakota, to-wit:
SE1/4SW1/4 and the S1/2SE1/4 of Section 14, T6N, R2E, BHM, Canyon Bluffs
Addition to the City of Spearfish, Lawrence County, South Dakota;
W1/2SW1/4 Lying south of I-90, Except Lot H2, of Section 13, T6N, R2E, BHM,
Canyon Bluffs Addition to the City of Spearfish, Lawrence County, South Dakota;
Lot 2 of the NE1/4NW1/4 of Section 23, T6N, R2E, BHM, Canyon Bluffs
Addition to the City of Spearfish, Lawrence County, South Dakota;
N1/2NE1/4 of Section 23, T6N, R2E, BHM, Canyon Bluffs Addition to the City of
Spearfish, Lawrence County, South Dakota; and
Tract 2A of the Fairway Addition a subdivision of Lot 2 of the N1/2 SE1/4 of
Section 14, T6N, R2E, BHM, City of Spearfish, Lawrence County, South Dakota
(hereinafter “Owner’s Property”).
2. Spearfish has enacted Ordinance 1341 to change the zoning on Owner’s Property from
Agriculture to Development Review District and approved the concept plan attached
hereto as Exhibit A and incorporated herein by reference (hereinafter the “Concept
Plan”).
Development Agreement
Spearfish – MC Ranch LLC
Page 1 of 10
3. Spearfish requires that certain conditions be met concerning the change of zoning to
ensure the public health, safety, and welfare and to ensure Owner’s Property is
developed in a manner consistent with Spearfish’s policies and regulations.
4. Owner has developed a plan for phasing which is attached hereto as Exhibit B and
incorporated herein by reference (hereinafter the “Phasing Plan”).
5. A Traffic Study has been completed and is on file in the office of the Spearfish City
Engineer and is incorporated herein by reference (hereinafter the “Traffic Study”).
6. A water and sewer infrastructure design report has been completed and is on file in the
office of the Spearfish City Engineer and is incorporated herein by reference
(hereinafter the “Infrastructure Report”).
NOW THEREFORE, in consideration of the covenants, conditions, benefits, and obligations
herein contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
7. Incorporation of Recitals. The foregoing recitals are incorporated herein and made a
part of this Agreement.
8. Conformance. The development of Owner’s Property will be in conformance with the
Concept Plan, Phasing Plan, Traffic Study, and Infrastructure Report, including any
future amendments to any of those plans, studies, or reports as acknowledged and
agreed to by Spearfish, this Agreement, and the Ordinances of the City of Spearfish.
9. Streets. Unless otherwise stated herein, the infrastructure will be constructed in
accordance with the standards and specifications and ordinances of the City of
Spearfish.
9.1. Pronghorn Drive will be constructed to serve the first 57 lots in Phase 1.
9.2. Miller Ranch Road will be constructed no later than Phase 2 development
improvements.
9.3. Miller Ranch Road from Colorado Boulevard south to the first residential lot
will be constructed per the following standards:
9.3.1. Maximum slope of 9.5% with 1.8% to 3.0% at the intersection with
Colorado Boulevard with a high friction surface treatment for the 9.5%
slope section. The 9.5% slope section will be superelevated to direct
vehicles back toward the hillside.
9.3.2. Asphalt width of 24 feet.
9.3.3. Right-of-way width of 50 feet.
9.3.4. No parking permitted.
9.3.5. One 8-foot-wide concrete recreation path in lieu of two 5-foot
sidewalks.
9.3.6. A pathway crossing Colorado Boulevard connecting to the existing
recreation path will be constructed as part of Phase 2 according to the
Development Agreement
Spearfish – MC Ranch LLC
Page 2 of 10
South Dakota Department of Transportation’s standards and approval.
The alignment of the pathway crossing will line up with the existing
pedestrian pathway on the west side of Sandstone Hills Drive. Spearfish
will consider alternative routes to achieve a crossing of Colorado
Boulevard if a grade separated crossing or full traffic signalization is
required.
9.4. Where it provides direct residential lot access in Phases 2, 4, and 5, Miller
Ranch Road will be constructed to the Major Residential standard of Spearfish
City Ordinance Chapter 15A, Subdivisions.
9.5. Pronghorn Drive will be constructed to the Major Residential standard of
Spearfish City Ordinance Chapter 15A Subdivisions, with the following
exceptions:
9.5.1. Asphalt width of 29 feet and no parking permitted on either side of the
street from the intersection of Christensen Drive to the west property
line of the commercial parcel at the northwest corner of Pronghorn
Drive and Christensen Drive.
9.5.2. West of the Oak Crest Drive intersection, 5-foot-wide concrete sidewalk
on one side of the street.
9.5.3. The Major Residential street designation will end at the intersection of
Miller Ranch Road.
9.6. All remaining standards roads not addressed by the above paragraphs will be
constructed to the Minor Residential Standard of Spearfish City Ordinance
Chapter 15A, Subdivisions.
9.7. All rights-of-way will be 60 feet wide, except as otherwise provided herein.
9.8. The timeframe for upgrades to the Christensen Drive and Sandstone Hills
Drive intersections with Colorado Boulevard will be in accordance with the
Traffic Study. The construction of the upgrades will be in accordance with the
South Dakota Department of Transportation’s standards and approval.
9.9. The timeframe for construction of right turn deceleration lanes on Colorado
Boulevard and Christensen Drive will be in accordance with the Traffic Study.
The construction of the lanes will be in accordance with the South Dakota
Department of Transportation’s standards and approval. Additional right-of-
way may be required.
9.10. An easement in recordable form acceptable to Spearfish must be dedicated to
Spearfish from the Canyon Gate Homeowners Association for Miller Ranch
Road before Spearfish will accept Miller Ranch Road for ownership and
maintenance.
9.11. Miller Ranch Road may be closed at Spearfish’s discretion during times of
hazardous winter road conditions.
9.12. All streetlights will be fully cut-off and fully shielded.
9.13. Spearfish and Owner acknowledge that Lawrence County has jurisdiction over
Christensen Drive and Owner has requested an approach permit for Pronghorn
Drive improvements and a permit to occupy the right of way to enable a sewer
main connection. It is unknown if such permits will be granted. Owner will
continue its good faith effort to obtain Lawrence County approval of such
permits. Spearfish will continue its good faith effort to negotiate the transfer
Development Agreement
Spearfish – MC Ranch LLC
Page 3 of 10
of highway authority of Christensen Drive from Lawrence County to Spearfish
where it abuts Owner’s property boundary. If delays are encountered in either
obtaining County permits, or the transfer of the right of way authority to
Spearfish, Spearfish will expedite its plan review for Miller Ranch Road and
Oak Crest Drive which will be completed as Phase 1 improvements.
10. Sidewalks on Christensen Drive.
10.1. An 8-foot wide sidewalk is required from Pronghorn Drive north to and
connecting with the path along Colorado Boulevard. This sidewalk will be
constructed before final platting of the parcel(s) that abut Christensen Drive
north of Pronghorn Drive by July 1, 2026. If the sidewalk described in 9.3.5
has been constructed, the 2026 deadline does not apply. Owner may grade the
sidewalk corridor along with construction of the deceleration lane at
Pronghorn Drive.
10.2. The portion of the sidewalk that crosses Colorado Boulevard must be
constructed according to the South Dakota Department of Transportation’s
standards and approval. Additional right-of-way may be required. Spearfish will
consider alternative routes to achieve a crossing of Colorado Boulevard if a
grade separated crossing or full traffic signalization is required.
10.3. An 8-foot-wide sidewalk is required from Pronghorn Drive to the south
property line of Owner’s parcel(s) fronting Christensen Drive, and will be
constructed before final platting of this parcel(s). Additional right-of-way may
be required.
11. Sanitary Sewer.
11.1 Due to the lack of available capacity of downstream sewer facilities, if all sewer
from the development is directed toward the Christensen Drive sewer main, an
upsize of the Christensen Drive sewer main is required between where the
Miller Ranch sewer flows enter the Christensen Drive sewer main and the
Colorado Boulevard sewer trunkline. If an alternate path is selected, the
existing sewer main located at the second manhole north of the Pronghorn
Drive intersection shall be connected to the new main in as direct an alignment
as practical (i.e. shortest distance). All sewer downstream of this connection
shall have a minimum pipe size of 10 inches. The remainder of the existing
sewer main no longer in use shall be abandoned per industry standards.
11.2 Sewer manholes throughout the project shall not exceed 20 feet in depth.
12. Water. The water system must have a minimum of two points of connection to
Spearfish’s water mains to provide a looped system which will allow for greater system
and service reliability. The loop must be provided at or near the intersection of
Sandstone Hills Drive and Colorado Boulevard to a connection at or near the
intersection of Pronghorn Drive and Christensen Drive. The timing of the
construction and connection of the loop will be based on the Infrastructure Report’s
Development Agreement
Spearfish – MC Ranch LLC
Page 4 of 10
water system analysis (i.e., meeting minimum fire flow and domestic flow per the
International Fire Code and Spearfish’s requirements) and must be completed no later
than Phase 2.
13. Storm Water Detention Facilities. All detention facilities will be privately owned and
maintained by the Owner, homeowners, or property owners’ association, or other
entity.
14. FEMA Floodplain. The portion of the property that has a Zone A floodplain will be
revised to Zone AE with a submittal of a Letter of Map Revision (LOMR) to FEMA.
15. Open Space.
15.1. The undeveloped natural open space and stormwater detention areas will be
privately owned and maintained.
15.2. Owner will construct a total of 8 acres of developed park space with amenities
as guided by Spearfish’s Parks and Recreation Master Plan. A first phase park is
required after 150 homes have been constructed. Owner may elect to construct
one 8-acre park site or more than one park site totaling 8 acres. Undeveloped
natural open space and stormwater detention areas do not count toward the
developed park space requirements.
16. Wildland Fire Mitigation.
16.1. Owner will submit a wildfire mitigation plan for Spearfish Fire Department
review and approval. The plan will be prepared by a wildfire mitigation
contractor or specialist experienced in developing plans for wildfire mitigation.
The plan will identify descriptions of fire history, ingress/egress, survivable and
defensible space, vegetation management and maintenance, topography, climate
conditions, recommendations for fire resistant building materials, and specific
tasks/actions to be taken on each phase of development to implement the plan
The recommendations of the plan involving vegetation management must be
implemented with each phase of development before final platting is approved.
17. Legally Binding. All agreements, covenants, conditions, and obligations contained in
this Agreement shall be legally binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
18. Complete Agreement. This Agreement constitutes a written memorandum of the
entire understanding and agreement between the parties and supersedes all prior
understandings, negotiation, or agreements between them, whether written or verbal,
with respect to the subject matter hereof.
19. Non-Waiver. Failure by Spearfish to insist upon or enforce any of its rights shall not
constitute a waiver thereof, and nothing shall constitute a waiver of Spearfish’s right to
Development Agreement
Spearfish – MC Ranch LLC
Page 5 of 10
insist upon strict compliance with the provisions hereof. Either party hereto may waive
the benefit contained in this Agreement.
20. Modification. No oral modification hereof shall be binding upon the parties, and any
modification shall be in writing and signed by the parties.
21. Attorney’s Fees and Costs. In the event any legal action is filed to enforce or recover
under any provision of this Agreement, the prevailing party in the suit shall be entitled
to recover court costs and reasonable attorney’s fees from the non-prevailing party.
22. Severability. If any portion of this Agreement is determined to be invalid or
unenforceable, such determination shall not affect the validity or enforceability of any
other provision herein.
23. Notice. Notice, demand, or other communication made pursuant to this Agreement by
any party to another shall be sufficiently given or delivered if it is sent by registered or
certified mail, postage prepaid, return receipt requested, or delivered personally at the
address stated above.
24. Construction and Governing Law. This Agreement shall be construed and governed
in accordance with the laws of the State of South Dakota. Any action pertaining to or
affecting this Agreement shall be venued in the Fourth Judicial Circuit, Lawrence
County, South Dakota. This Agreement was prepared by the City of Spearfish.
However, each party has had the opportunity to review and revise this Agreement, has
had equal opportunity for input into this Agreement, and has had the opportunity to
have this Agreement reviewed by that party’s own independent legal counsel. No
individual party, nor its respective legal counsel, shall be construed to be the drafter or
primary drafter of this Agreement. In the event of any dispute regarding the
construction of this Agreement or any of its provisions, ambiguities, or questions of
interpretation shall not be construed more in favor of one party than the other.
Instead, questions of interpretation shall be construed equally as to each party.
25. Other Documents. The parties hereby mutually agree to execute all other documents
necessary or needed to effectuate the purposes of this Agreement.
26. Counterparts. This Agreement may be executed in two or more counterparts, both, or
all of which taken together shall constitute one and the same instrument, and any party
hereto may execute this Agreement by signing any such counterpart. Facsimile and
electronic versions of signatures shall be treated as originals.
(Separate signature pages follow)
Development Agreement
Spearfish – MC Ranch LLC
Page 6 of 10
CITY OF SPEARFISH
By: ____________________________
(Seal) Dana Boke, Its Mayor
Attest:
________________________________
Michelle DeNeui, Finance Officer
State of South Dakota )
) ss.
County of Lawrence )
On this ____ day of _________________, 2021, before me, the undersigned officer,
personally appeared Dana Boke and Michelle DeNeui known to me or satisfactorily proven to
be the persons described in the foregoing instrument, and acknowledged that they executed
the same in the capacity therein stated and for the purposes therein contained.
In Witness Whereof, I have set my hand and official seal.
(Seal) _______________________________
Notary Public
My Commission Expires:
Development Agreement
Spearfish – MC Ranch LLC
Page 7 of 10
MC RANCH LLC
By: ____________________________
Attas Boutrous
State of _____________ )
) ss.
County of ___________ )
On this ____ day of _______________, 2021, before me, the undersigned officer, personally
appeared Attas Boutrous, known to me or satisfactorily proven to be the person described in
the foregoing instrument and acknowledged that he executed the same in the capacity therein
stated and for the purposes therein contained.
In Witness Whereof, I have set my hand and official seal.
(Seal)
Notary Public
My Commission Expires:
Development Agreement
Spearfish – MC Ranch LLC
Page 8 of 10
1 2
Exhibit A
Concept Plan Approved April 19, 2021
Development Agreement
Spearfish – MC Ranch LLC
Page 9 of 10
Exhibit B - Phasing Plan Approved April 19, 2021
Development Agreement
Spearfish – MC Ranch LLC
Page 10 of 10
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