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City Council

Regular Meeting

Spearfish, SD · April 19, 2021

AgendaMinutes

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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