City Council

Spearfish City Council Regular Session Minutes May 17, 2021 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, May 17, 2021. Mayor Boke presided and called the meeting to order. Roll call was taken with the following members present: Clark, Hodgs, Hourigan, Jacobs and Rath. Absent: Klarenbeek. Also present: City Administrator Harmon, City Planner Watson, City Attorney McDonald, City Engineer Mathis, Finance Officer DeNeui, Public Works Director Kean, Public Safety Director Rotert, and Police Chief Jacobs. Mayor Boke revised the agenda to add item 13B, change order #5 for Sky Ridge Development Phase 1. Hodgs moved, Jacobs seconded and all voted to approve the revised agenda. No potential conflicts of interest were declared. Public Comment – At 5:33 p.m. a time for public comment was opened. Resident Luke Donovan requested to speak during item 14A, parking spaces and restrictions, as his comments pertained to that item. Request was granted by Boke. Consent Agenda – Clark moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated May 3, 2021. B. Approve the treasurer’s report dated April 30, 2021. C. Hire Patrick Butler to (partial benefit-eligible) facility maintenance tech, grade 10, step 1, $17.39 per hour, effective 5/18/2021. D. Change Jedediah Engler, Hannah Snyder, Kathan Martel, and Julia Cannalonga to $12.25 per hour effective 5/16/2021. Due to the combination of campground attendant and campground groundskeeper positions. E. Approve Mike Niles, recreation facility maintenance technician, $16.55 per hour effective 5/2/2021. F. Promote Samantha Rosenau to (benefit-eligible) police sergeant, grade 20, step 1, $28.49 per hour, effective 5/16/2021. G. Promote Heath Brown to (benefit-eligible) wildland engine boss/firefighter, grade 18 step 2, $26.46, effective 5/16/2021. H. Hire Brad Johnson as (benefit-eligible) police officer, grade 17, step 1, $24.57 per hour, effective 5/18/2021. I. Hire the following seasonal employees effective 5/18/2021: Recreation & Aquatics Center: Aubrielle Prewitt Lifeguard $10.50 Andrew Ackerman Lifeguard $10.50 Justine Mitchell WSI/Lifeguard $10.75 Items from Visitors Proclamations – Mayor Boke proclaimed May 16-22, 2021 as Emergency Medical Services Week and May 19, 2021 as Emergency Medical Services for Children (EMSC) Day. Ceremony – Police Chief Jacobs conducted a promotion ceremony for Sergeant Samantha Rosenau. City Attorney Resolution 2021-19 – Clark moved, Rath seconded and all voted to approve Resolution 2021-19 as follows: RESOLUTION 2021-19 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 private hangar ground lease agreement with Rath Aviation Services 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 June 7, 2021. Dated this 17th day of May, 2021. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: May 17, 2021 Published: May 22, 2021 Effective: June 11, 2021 Ordinance 1347 – Hodgs moved, Jacobs seconded and all voted to approve the first reading of Ordinance 1347 – An Ordinance Prohibiting the Consumption or Smoking of Cannabis in Public Places. Engineering Funding – Clark moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to approve funding the difference between the State of South Dakota's estimated project construction amount and the eligible amount of construction contract funding of $400,000 for the Exit 8 Community Shared Use Path-Phase 1 Project. Finance Transfer – Hourigan moved, Jacobs seconded and all voted to transfer $231,681 from 603-Hydro Electric Fund to 606-Aiport Fund as budgeted. Transfer – Jacobs moved, Hodgs seconded and all voted to transfer $500,000 from 604-Sewer Fund to 201-Second Penny Sales Tax Fund as budgeted. Policy – Jacobs moved, Rath seconded and all voted to approve Policy 4.2 Uniform Grant Guidance Policies and Procedures. Licenses – Clark moved, Hourigan seconded and all voted to approve special malt beverage licenses for the B&B Lounge, False Bottom Bar, Flanagan’s Irish Pub, and Zbar for Downtown Friday Nights. Events are held each Friday, June 4, 2021 through August 27, 2021 from 5:00 p.m. to 10:00 p.m. on Main Street from Illinois Street to Grant Street. License – A public hearing was opened at 5:56 p.m. to consider an application from Carolyn Ferrell with Crow Peak Brewing for a special malt beverage license for the Gold Rush Gravel Grinder on June 12, 2021 from noon to 5:00 p.m. at the Spearfish City Park. No oral or written comments were received and the hearing was closed. Hodgs moved, Clark seconded and all voted to approve the license. License – A public hearing was opened at 5:57 p.m. to consider an application from Zac Eixenberger with Spread the Tunes for a special malt beverage license for Spearfish Arts & Ale Festival on August 21, 2021 from noon to 7:00 p.m. at the City Park Bandshell. No oral or written comments were received and the hearing was closed. Hourigan moved, Jacobs seconded and all voted to approve the license. Licenses – Jacobs moved, Hodgs seconded and all voted to approve the renewal of the following 2021-2022 retail on-off sale malt beverage and SD farm wine licenses: License Owner Address 1 A Perfect 10 Nail & Beauty Bar 2430 Platinum Drive Suite 4 2 Antunez 117 E. Illinois Street 3 Aviands @ BHSU 1200 University Street 4 B&B Lounge 703 N. Main Street 5 Barbacoa’s 305 W. Jackson Blvd 6 Best Western Black Hills Lodge 540 E. Jackson Blvd 7 Chris’ Campground 701 Christensen Drive 8 The Clubhouse of Spearfish 3540 Colorado Blvd 9 Common Cents Food Store 546 W. Jackson Blvd 10 Creekside Bean & Vine 2545 Yukon Place 11 Double Barrel Liquor & Casino 6764 Colorado Loop 12 Dough Trader 543 W. Jackson Blvd  13 Elkhorn Ridge Golf Course 6845 St. Onge Road 14 Elkhorn Ridge RV Park 20189 US Hwy 85 15 Exit 8 Phillips 66 3275 Old Belle Road 16 False Bottom Bar 645 Main Street 17 Fuji Sushi Bar & Grill 126 W. Hudson Street 18 Golden Dragon Restaurant 1850 North Avenue 19 Good Day Café 541 W. Jackson Blvd #4 20 Grant Street Liquor 127 West Grant Street 21 Happy Jacks 520 W. Jackson Blvd 22 Himalayan Indian Cuisine 6764 Colorado Blvd Suite 2 23 Jade Palace China Buffet 715 N. Main Street 24 Loaf N Jug 813 N. Main Street 25 Lucky Strike Lanes 1740 Ryan Road 26 Lueders Food Center 620 7th Street 27 Matthews Opera House 612 Main Street 28 Minitman Food & Fuel 820 E. Colorado Blvd 29 Minitman Too 611 E. Jackson Blvd 30 Nonna's Kitchen 544 N. Main Street 31 Northern Hills Cinema 1830 N. Main Street 32 Nowhere Clothier 109 E. Hudson Street 33 Queen City Liquor 210 E. Rushmore Street 34 Spearfish Brewing Co 741 N. Main Street Suite 130 35 Spearfish Sasquatch Baseball 350 W. Highway 14 36 Spearfish Softball Association 850 South Dakota Way 37 Speedy Mart 2615 E. Colorado Blvd 38 Sunshine Saloon 3226 W. Fairground Loop 39 Triple 7 Casino 923 E. Colorado Blvd 40 Walgreens 1430 North Avenue 41 Yesway 2728 1st Avenue Planning and Zoning Amendment – Following discussions, Hodgs moved, Rath seconded and all voted to initiate an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, to incorporate regulations for Cannabis Establishments. Public Works Bid Award – Clark moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to award the lowest responsive and responsible bid for the 2021 Crack Seal Project to ASTECH Corp. at a total amount of $167,329.20. Change Order – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to approve the Sky Ridge Development Phase 1 Change Order #5, for a decrease of $10,559.75 and an increase of $54,140.30, resulting in a net increase to the contract amount of $43.580.55. Public Safety Parking – Resident Luke Donovan provided public comment on lack of parking in the downtown area. Following discussions, Hodgs moved, Rath seconded and all voted to authorize six additional disabled parking spaces and restrictions on type of vehicle parking in two additional spaces for downtown central core parking area. Proposal – Clark moved, Jacobs seconded and with Cark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to accept the proposal from Motorola Solutions for public safety answering point radio upgrades at a cost of $529,638, with $526,000 budgeted for the project in Second Penny Sales Tax Fund. Bill List – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye, motion passed to approve the bill list dated May 17, 2021 as follows: VENDOR DESCRIPTION AMOUNT 3D SPECIALTIES INC KLEEN BREAK SURF MT/BOLTS/SHIP $ 2,028.79 3RD DEGREE SCREENING INC BACKGROUND CHECKS X 5 $ 135.00 A & B BUSINESS INC COPIER LEASES FOR 5/5 TO 6/4 $ 2,529.06 A & B WELDING SUPPLY CO CYLINDER RENTAL, COMPRESSED GAS $ 1,460.70 A & J SUPPLY 2 PIPES/HARDWARE $ 121.95 ADAMS - ISC BUCKET TRUCK ANNUAL INSPECTION $ 522.19 ALEX AIR APPARATUS INC SCBA REPLACEMENTS, COMPRESSOR TEST $ 238,510.25 ALLIED ELECTRONICS, INC LAMPHOLDER $ 126.10 ALPINE IMPRESSIONS SAFETY GREEN T-SHIRTS $ 492.50 AMAZON CAPITAL SERVICES CONNECTORS,ROPE,LIGHT,BOOKS,PUMP $ 1,575.35 AMAZON.COM DVDS $ 49.27 AMERICAN BLINDS.COM VERTICAL BLINDS $ 252.98 BAKER & TAYLOR BOOKS $ 1,007.95 BECK'S NURSERY CORP SPIRRA/GRASS/DAYLILIES, TREES $ 1,715.44 BELLE FOURCHE LANDFILL LANFILL TIPPING FEES APR 2021 $ 29,166.61 BLACK HILLS ENERGY APRIL/MAY 2021 ELECTRICITY $ 17,185.71 BHSU PRINTING CENTER APRIL UTILITY BILL INSERTING $ 219.31 BLACK HILLS CHEMICAL CORP LINERS,ICEMELT,TISSUE,TOWELS,MOPS $ 3,557.48 BLACK HILLS PIONEER APRIL LEGAL PUBLISHINGS $ 1,212.73 BLACK HILLS PURE INC WATER - 5 GALLONS, COOLER RENTALS $ 34.50 BLACK HILLS URGENT CARE LL COVID VAC, DRUG SCREENINGS $ 245.00 BLACK HILLS VIDEO RECRUITMENT VIDEO 2ND HALF $ 1,863.75 BLUE STONE PRODUCTS INC SAFETY VEST, PATCHES $ 702.95 BORDER STATES INDUSTRIES I CLAMPS,CONNECTORS,TAGS $ 875.31 BRADLEY, HUNTER MEALS AND MILEAGE REIMB $ 201.16 BUTLER MACHINERY CO ELEMENT,FILTERS,COUPLINGS,REPAIRS $ 1,240.75 BUTTE ELECTRIC COOP ELECTRIC 2/24/21 - 3/24/21 $ 44,373.08 CAMPBELL SCIENTIFIC INC SAMPLER TUBING $ 57.82 VISUAL WORKS INC MARCH RESERVATION SUPPORT CAMPGR $ 699.00 CASH-WA DISTRIBUTING CO CONCESSIONS PRODUCTS $ 522.62 CBH COOPERATIVE APRIL 2021 FUEL $ 28,244.10 CENGAGE LEARNING BOOKS $ 59.37 CENTURYLINK INC AIRPORT, 911, ALARM SERVICE 5/1 TO 5/31 $ 354.61 CHAIN SAW CENTER EQUIPMENT RENTALS AND REPAIRS $ 7,155.11 SPEARFISH CHAMBER OF COMM LEADERSHIP GRANT, BANQUET X2 $ 1,430.00 CHRIS SUPPLY CO 3 ELEMENTS AND FREIGHT $ 611.15 CLARK PRINTING CORP BULK IMPRINT ENVELOPES $ 1,058.20 CLIMATE CONTROL SYSTEMS & REPAIR HEAT AT GREEN ACRES SHO $ 824.52 COBAN TECHNOLOGY SOFTWARE/BODY CAM/DOCK STATION $ 3,063.40 COCA-COLA BOTTLING CO CONCESSIONS PRODUCTS,COFFEE $ 2,476.50 COLLABORATIVE SUMMER LIBRA SUMMER PROGRAM MATERIALS $ 118.46 DG INVESTMENT INTERMEDIATE REPAIR DIGITAL RECORDER $ 132.65 CRESCENT ELECTRIC SUPPLY TWO LOCATORS SHIPPING COSTS $ 71.31 CULLIGAN SOFT WATER CORP BOTTLED WATER AT WWTP $ 84.50 DIGITALOCEAN LLC MARCH OBITS $ 5.00 ZW USA INC DOG WASTE ROLL BAGS X 6000 $ 434.48 ECOLAB PEST ELIMINATION RODENT PROGRAM APRIL 2021 $ 74.15 ENGRAVING, AWARDS & GIFTS MUGS FOR FIRE BANQUET $ 973.64 ENTENMANN-ROVIN SERGEANT BADGE, RUSH SGT BADGE $ 554.75 ENVIRONMENTAL RESOURCE ASS LAB SUPPLIES $ 852.04 NEWHOUSE ENTERPRISES INC CARDSTOCK FOR BID BOOKS $ 24.99 F N CUTHBERT INC HEATER FOR RUS $ 212.95 FASTENAL CO CORNER ANGLES X 15 $ 37.28 FIB-AP PURCHASE CARDS MARCH ITEMIZED BY VENDOR, $116,435.93 TOTAL EDDIE'S TRUCK CENTER FENDER,LIGHTS,MIRROR,FILTERS,DRUM $ 1,846.85 GALLS LLC BOOTS,UNIFORMS,CHEVRONS,CUFF CASE $ 704.33 VIEHAUSER ENTERPRISES LLC DCI DOOR LOCKS, KEYS, KEY FOBS $ 734.42 GRAINGER INC BATTERY $ 169.80 THE GREEN BEAN COFFEEHOUSE BAGELS FOR STAFF APPRECIATION $ 97.81 HAUGO BROADCASTING INC POOL PASS ADS APRIL KSKY $ 182.00 HAWKINS INC AQUAHAWK,AZONE,BLEACH,ACID $ 8,033.31 HDR ENGINEERING INC SANSTONE HILLS, SKYRIDGE PROJ ENG $ 97,908.27 JENNER EQUIPMENT CO MIRROR ARM $ 84.90 KNECHT HOME CENTER INC PAINT,AERATOR,SEALER,WASHERS,WIRE $ 3,782.81 LAW ENFORCEMENT RISK MGMT TRAINING- HOFMANN $ 150.00 MATTHEWS INTL CORP SOPHUSSON PLAQUE $ 132.50 MANDY BING LLC FIREWOOD 500 BUNDLES $ 2,000.00 MCMASTER CARR, INC EMERGENCY BACKUP LIGHT $ 167.58 MONTANA-DAKOTA UTILITIES 4/7 - 5/5 NATURAL GAS $ 4,439.29 MIDCO VIDEO AND DATA SERVICES 4/12 TO 5/11 $ 1,000.19 MIDCONTINENT TESTING LABS, WATER TESTING APRIL 2021 $ 353.00 MINITEX LIBRARY INFORMATIO BARCODE LABELS $ 113.00 MONEY MOVERS APRIL MAINT FEES $ 7.00 MPLC UMBRELLA LICENSE JUNE2021-2022 $ 622.90 NORTHERN HILLS TRNG CENTER JANITORIAL SVCS APRIL 2021 $ 891.17 NORTHWEST PIPE FITTING CO STEEL PIPE/THREADS/RISER CLAMP $ 54.61 2ND WIND EXERCISE EQUIP FITNESS EQUIPMENT X 6 $ 19,088.95 OBERLE'S RADIATOR & REPAIR REPAIR OIL COOLER $ 100.00 PRO WINDMILL INC AIR CARE UNITS AT SRAC, RODENT PROG $ 238.00 ON DECK SPORTS NETTING FOR LEGION FIELD $ 1,198.08 ONE TIME VENDORS BP REFUND, CAMP REFUND $ 541.80 PETTY CASH PLAT REIMBURSEMENTS $ 124.00 WATER TREE INC 4 TEFLON MAGIC LUBE $ 112.35 POWERPLAN REPAIR SURVEY EQUIPMENT $ 725.00 QUIK SIGNS INC BUSINESS CARDS-REC CENTER $ 360.00 QUINN CONSTRUCTION, INC WILDLIFE FENCE PROJ PE 4 $ 42,281.55 RAPID DELIVERY DELIVERY FEES APRIL $ 198.43 RAPID FIRE PROTECTION INC BASEMENT SPRINKER, PAVILION INSP $ 4,927.46 RECREATION SUPPLY CO INC CHAISE LOUNGE & CHAIRS FOR WP $ 10,212.00 REED, THERESA DAWN APRIL CLEANING OF DOWNTOWN RR $ 450.00 RIVERFRONT BROADCASTING LL WATERPARK ADS KDDX, KZZI $ 765.00 RLI SURETY NOTARY BOND PREMIUM $ 50.00 SAFEWAY STORES INC LIVEBURN,RETIREMENT SNACKS $ 65.68 SANITATION PRODUCTS INC COOLER,WATER FILL HOSE,PUMP $ 3,841.03 SD DEPARTMENT OF LABOR UNEMPLOYMENT CLAIMS-1 QTR 2021 $ 781.98 SD MUNICIPAL ATTORNEY ASSO BUSINESS LUNCHEON-MCDONALD $ 18.00 SDML BUDGET TRAINING-RATH,HOURIGAN $ 50.00 SDRS SPECIAL PAY PLAN SDRS SPECIAL PAY PLAN-WEBER $ 45.00 SDSMT FOUNDATION HYDROLOGY CONF REG - VIG $ 20.00 SEARS 7594 ICEMAKER FOR FRIDGE $ 295.07 SECRETARY OF STATE NOTARY FEE-OBYRNE $ 30.00 SERVALL TOWEL & LINEN MATS, MOPS, GARMENTS,WIPES $ 762.86 SILVERSTONE GROUP INC GASB75 ACTUARY SVCS $ 3,850.00 SOUTH DAKOTA DOT EROSION/SEDIMENT CLASS & EXAM $ 450.00 SOUTH DAK STATE TREASURER APRIL SALES TAX PMT $ 16,528.22 VIVI BENE INC SOCKET,FAN,LIGHT REPAIRS,BUCKETTRK $ 4,210.68 SPEARFISH AUTO SUPPLY 1" PIN $ 14.95 JOSEPH B MILLER BLOWER REPAIR $ 47.00 CODY GREEN, SPEARFISH TREE REMOVE TREES&GRINDSTUMPS $ 1,139.25 STADLER, DAVID J PATCH HOLES IN CORRODED TANK $ 800.00 STATE OF SD-EXECUTIVE MGMT CENTREX CHGS JAN 2021 & APRIL 2021 $ 29.52 STEC'S INNOVATIVE SAFETY S APRIL SAFETY AWARDS $ 586.00 MINNESOTA CONWAY FIRE AND EXTINGUISHER INPECT/MAINTEN $ 929.00 SUPERIOR SANITATION LLC APRIL PORTABLE RESTROOM RENTAL $ 704.00 SYN-TECH SYSTEMS INC FUEL PROG MAINT TO 4/20/2022 $ 550.00 SYNOVIA SOLUTIONS LLC ANNUAL LEASE FOR GPS UNIT $ 7,860.00 SYSCO FOOD SERVICES OF MT CONCESSIONS PRODUCTS $ 343.68 THE UPS STORE #5137 SHIPPING JAN-APR 2021 $ 539.91 THOMSON REUTERS WEST MONTHLY DATABASE CHARGES X2 $ 1,046.06 THRALL, CARY A ART CLASS INSTRUCTION $ 144.00 US BANK SALES TAX REF BOND P&I $ 324,811.25 US BANK 2015 SALESTAXBOND PAYING AGENT $ 500.00  USA BLUE BOOK CARTRIDGE/HALF MASK RESPIRATOR $ 1,326.42 CITY OF SPEARFISH APRIL 2020 W/S/G $ 6,129.79 VANWAY TROPHY & AWARD AWARDS/PLAQUES FOR FIRE DEPT $ 515.60 CLARITY TELECOM LLC TELEPHONE/INTERNET BILLED 3-12-21 $ 4,405.05 VERIZON WIRELESS CELLPHONES/TABLETS 2/24-3/23 $ 4,566.66 VISIT SPEARFISH INC APRIL BID ALLOCATION $ 11,452.00 WALL STREET JOURNAL APRIL SUBSCRIPTION $ 44.99 WALMART.COM FOOD/BEVERAGES,TVS/MOUNTS,BLINDS $ 2,718.14 WELLS PLUMBING CORP 2" BRASS BALL VALVE,CONNECTORS $ 551.04 WERNER III, DONALD C 2021 WILDLAND BOOTS-WERNER $ 100.00 WESTERN DAKOTA WASTE SOLUT TIRE DISPOSAL 9.73 TONS $ 2,335.20 ARAMARK UNIFORM & APPAREL METAL TRUCK FIRST AID KIT $ 339.42 INTEGRITY ACQUISITION LLC F250 2021 PICKUPS X 3 $ 122,480.00 WHITE'S QUEEN CITY MOTORS HARNESS, TAHOE REPAIRS $ 496.18 WOLFF'S PLUMBING & HEATING NEW BATHROOM IN CITY HALL BSMT $ 8,105.98 XYLEM WATER SOLUTIONS USA UV SENSOR $ 1,133.43 ZOOM VIDEO ANNUAL STANDARD PRO - ROTERT $ 159.65 $1,144,239.52 There being no further business, Clark moved, Hodgs seconded and all voted to adjourn at 6:32 p.m. Dated this 17th day of May 2021. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.