City Council

Spearfish City Council Regular Session Minutes June 7, 2021 12:00 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, June 7, 2021. Mayor Boke presided and called the meeting to order. Roll call was taken with the following members present: Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath. Absent: None. Also present: City Administrator Harmon, City Attorney McDonald, City Planner Watson, City Engineer Mathis, Finance Officer DeNeui, Public Works Director Kean, Parks and Recreation Director Ehnes, Public Safety Director Rotert, Human Resource Director Mathis and Fire Chief Ladson. Mayor Boke corrected the agenda to state item 9C as the second reading of Ordinance 1347. Clark moved, Hourigan seconded and all voted to approve the corrected agenda. No potential conflicts of interest were declared. Public Comment – At 5:30 p.m. a time for public comment was opened with no oral or written comments received. Consent Agenda – Jacobs moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek 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 17, 2021. B. Approve the minutes of the City Council special session dated May 21, 2021. C. Hire the following seasonal staff: Department/Name Position Wage Effective Date Parks Department: Kody Koistinen Parks, Rec. & Forestry summer laborer $ 12.25 6/8/2021 Jaxon Parker Spectator rec laborer $ 12.25 5/25/2021 Jack Flesner Cemetery summer laborer $ 12.25 6/7/2021 Boyd Sliper Cemetery summer laborer $ 12.25 6/7/2021 Erin Rotert Parks, Rec. & Forestry summer laborer $ 12.25 6/7/2021 Benjamin Parks Parks, Rec. & Forestry summer laborer $ 12.25 6/7/2021 Recreation & Aquatics Center: Justine Mitchell WSI/Lifeguard $ 10.75 5/18/2021 Shelby Thurlow Lifeguard $ 10.50 5/25/2021 Brady Umberger Recreation customer service assistant $ 10.00 5/25/2021 Stella Marcus Lifeguard $ 10.50 5/25/2021 Joseph Moore Recreation customer service assistant $ 10.00 6/8/2021 Joni Hofere Lifeguard $ 10.50 6/8/2021 Chloe Ryan Wastewater treatment summer laborer $ 12.25 5/20/2021 D. Hire Justin Stevens as (benefit eligible) street/solid waste supervisor, grade 17, step 1, $24.57 per hour, effective 6/21/2021. E. Hire Brian Cavallero as (benefit eligible) solid waste operator, grade 12, step 1 $19.19 per hour, effective 6/21/2021.  F. Add Amber Kolbach to the parks, recreation & forestry volunteer list, Abby Krum to the library volunteer list and Makyah Seguin to the volunteer firefighter list. G. Approve a special on-sale wine license for Spearfish Creek Wine Bar for the Canyon Acoustic Series every Wednesday night beginning June 16th through August 4th from 6:00 p.m. to 8:30 p.m. at the City Park band shell. H. Approve a special on-sale liquor license for the Stadium Sports Grill for a wedding on June 19th from 4:00 p.m. to 11:30 p.m. at the Joy center. Items from Visitors Fees – Members of Girl Scout Troop 7002 requested rental fees be waived for the band shell totaling $20.00 for a humane society fundraising event on 7/31/2021. Jacobs moved, Rath seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to waive the fees. Fees – Spearfish School District requested building, mechanical and plumbing permit fees totaling $7,995.60 be waived for the mechanical systems upgrade project. Clark moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to waive the fees. Band Shell – Spread the Tunes’ Zac Eixenberger stated the organization had raised roughly $60,000 for the band shell project. Director Ehnes noted design and engineering plans are necessary to apply for grant funding for completion of the project. Hodgs moved, Jacobs seconded and all voted to approve the band shell design reimbursement agreement with Spread the Tunes. Klarenbeek moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the band shell design proposal with Interstate Engineering. Clark moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the band shell design proposal with Williams and Associates. Agreement – Jason Ward requested to extend the Ward Water Trunkline Cost Recapture Agreement terms. Following discussions, Klarenbeek moved, Clark seconded and with Hourigan voting nay and all others voting aye, motion passed to deny the extension request. Jail – Lawrence County Sheriff Brian Dean presented a review of the future jail project. City Attorney Agreement – A public hearing was opened at 6:25 p.m. to consider a Private Hangar Ground Lease Agreement with Rath Aviation Services. No oral or written comments were received and the hearing was closed. Clark moved, Hodgs seconded and all voted to approve the agreement. Ordinance 1346 – Following discussions, Klarenbeek moved, Hodgs seconded and all voted to approve the first reading of Ordinance 1346 – An Ordinance to Create Licensing Provisions for Cannabis Establishments. Ordinance 1347 – Clark moved, Rath seconded and all voted to approve the second reading of Ordinance 1347 – An Ordinance Prohibiting the Smoking of Cannabis in Public Places. This ordinance will have a final consideration during the 6/21/2021 city council regular session. Engineering Change Order – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve construction change order 3 for the Jackson Boulevard Street & Utility Improvements Project – Phase 2, for an increase of $44,534.59 and an additional 5 days added to the contract completion date to perform the additional work. Finance License – A public hearing was opened at 6:33 p.m. to consider the application from Zac Eixenberger with Spread the Tunes for a special malt beverage license for the Canyon Acoustic Series every Wednesday night beginning June 16th through August 4th from 6:00 p.m. to 8:30 p.m. at the City Park band shell. No oral or written comments were received and the hearing was closed. Clark moved, Hourigan seconded and all voted to approve the license. License – A public hearing was opened at 6:34 p.m. to consider the application from Robert Heckel with Iron Phnx, LLC for the transfer of a retail (on-sale) liquor license from Zbar located at 529 Main Street. No oral or written comments were received and the hearing was closed. Hodgs moved, Jacobs seconded and all voted to approve the license transfer. Human Resources Ordinance 1348 – Hodgs moved, Klarenbeek seconded and all voted to approve the first reading of Ordinance 1348 – An Ordinance Repealing the City of Spearfish Personnel Policy Manual and Adopting the 2021 City of Spearfish Personnel Policy Manual. Planning and Zoning Ordinance 1345 – Following discussions, Hodgs moved, Hourigan seconded and all voted to approve the first reading of Ordinance 1345 with the elimination of all types of cannabis establishments from the Central Core zoning district. Set Public Hearing – Klarenbeek moved to not set a public hearing to vacate the south 33 feet of a section line easement; motion failed for lack of a second. Following discussions, Hodgs moved, Rath seconded and with Klarenbeek voting nay and all others voting aye, motion passed to set a public hearing for Monday, June 21, 2021 to vacate the south 33 feet of a section line easement located along the north boundary of Tract A of the Elkhorn Ridge Addition. Agreement – Jacobs moved, Hourigan seconded and all voted to approve an encroachment agreement for 445 State Street for a parking space on the State Street Right of Way. Agreement – Hourigan moved, Hodgs seconded and all voted to approve an encroachment agreement for 444 Main Street. Public Works Resolution 2021-20 – Jacobs moved, Hodgs seconded and all voted to approve Resolution 2021-20 as follows: RESOLUTION 2021-20 A RESOLUTION OF INTENT TO ENTER INTO A LAND LEASE AGREEMENT WITH THE SOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY 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 the South Dakota Department of Public Safety 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 21, 2021. Dated this 7th day of June, 2021. CITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: June 7, 2021 Published: June 12, 2021 Effective: July 2, 2021 Public Safety Rates – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the following hourly rates for seasonal wildland firefighters for wildland fire responses, effective 5/30/2021: Volunteer: Position Qualification(s): Highest Rate: Currently Red Carded Firefighters: Fetter, Charles FFT1 (ENGBt) $21.68 Hover, William ENGB, ICT5, FFT1 $26.00 Hanzlik, Roger FFT2 $19.72 Heser, Seth FFT2 $19.72 Lewis, Glen HEQB, FFT1 $26.00 Kessler, Levi FFT2 $19.72 Pappas, Melissa EMPF, FFT2 $38.68 Pappas, Nick FFT2 $19.72 Paul, Jacob FFT1 $21.68 Reiners, Dylan EMTF, FFT2 $31.76 Schiller, Micah FFT2 $19.72  Seguin, Makyah FFT2 $19.72 Tadra, Tanner FFT2 $19.72 Ziegler, Adam ENGB, FFT1 $26.00 Ziegler, Brian FFT2 $19.72 Non-Carded Firefighters: Baker, Braden RT-130 only $17.64 Baker, Dalton RT-130 only $17.64 Cedillo, Miranda RT-130 only $17.64 Daugherty, Pat DRIV $21.68 Davis, Justin RT-130 only $17.64 Deitschman, Nathan DRCL $23.84 Draine, Gerald DRCL $23.84 Earl, Brandon DRCL $23.84 Geffre, Loni DRIV $17.64 Hill, Bryan RT-130 only $17.64 Jansevics, Jake RT-130 only $17.64 Johannesen, Joel RT-130 only $17.64 Korber, Ashley RT-130 only $17.64 Ladson, Travis DRCL $23.84 McClure, David DRIV $21.68 McGuigan, Curtis DRCL $23.84 Mead, Tommy DRIV $21.68 Mullaney, Troy RT-130 only $17.64 Thurmes, Joshua DRIV $21.68 Walters, Trent RT-130 only $17.64 Werner, Donald RT-130 only $17.64 Werner, Kelli RT-130 only $17.64 Bill List – Klarenbeek moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the interim bill list dated May 28, 2021 as follows: VENDOR DESCRIPTION AMOUNT BLACK HILLS ENERGY APRIL/MAY 2021 ELECTRICITY $ 13,519.86 SOUTH DAKOTA DENR GA TANK STORMWATER FEE $ 100.00 $ 13,619.86 Bill List – Klarenbeek moved, Clark seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the bill list dated June 7, 2021 as follows: VENDOR DESCRIPTION AMOUNT A & L CONTRACTORS LLC 21 SCHEDULED STREET RPR PE2 $ 67,617.14 ADVANCED ELEMENTS INC BIG PROJECT STRUCTURE 41092079 $ 639.50 ALLEGIANT EMERGENCY S ONYX 13" PULL ON BOOT $ 1,109.91 AMAZON CAPITAL SERVICES ROPPE RUBBER/VINYL MIX $ 8,615.47 BAKER & TAYLOR CD PROCESSING $ 1,170.49 BECK'S NURSERY CORP SCOOPS OF WILDFLOWER $ 2,614.54 BLACK HILLS ENERGY APRIL/MAY 2020 ELECTRICITY $ 16,483.43 BHSU PRINTING CENTER WATERBILL $ 220.29 BLACK HILLS CHEMICAL CO BUCKET RECTANGLE UTILITY $ 284.33 BLACK HILLS GOLD SWIM 2021 ALLOCATION $ 4,500.00 BLACK HILLS LIBRARY CONS BYWATER KOHA & BAKER&TAYLER $ 6,832.55 BLACK HILLS PSYCHOLOGY CLINICAL INTERVIEW $ 525.00 BLACKSTRAP INC. ROAD SALT $ 4,930.85 BOMGAARS SUPPLY INC SHOP LIGHT $ 1,210.35 BORDER STATES INDUSTRIES PHOTOCTRL-FUSE-BUSH $ 495.80 BROWN, HEATH G NDS GREATPLAINS FIRE $ 458.00 CASA 2021 ALLOCATION $ 3,600.00 CASH-WA DISTRIBUTING CO CONCESSION SUPPLIES $ 711.30 CENGAGE LEARNING BOOKS $ 142.73 CHAIN SAW CENTER PRESSURE WASHER $ 1,262.54 SPEARFISH CHAMBER OF CO 2021 GRANT $ 3,150.00 CLARK PRINTING CORP NOTARY SEAL-ASH $ 761.69 DIAS, GREGORY K DIAS, GREGORY K $ 228.24 CREEKSIDE DEVELOPMENT APRIL 2021 TAX INCREMENT $ 7,676.88 DC BOOTH SOCIETY INC QUARTERLY ALLOCATION $ 7,650.00 DONOVAN PLUMBING LLC EVANS PARK BALL VALVE REPAIR $ 666.89 DOWNTOWN BUSINESS 2021 ALLOCATION $ 900.00 ELKHORN RIDGE @ FRAWLE APRIL 2021 TAX INCREMENT $ 111,441.44 PRINT PROMOTIONS PLUS LC TAPE $ 90.24 FASSBENDER PHOTO COLLEC OPERATIONS GRANT 2021 $ 18,000.00 FASTENAL CO FAST BIN- $ 177.80 FEDEX DCI LAB TO PD $ 18.10 FELSBURG HOLT & ULLEVIG JACKSON BLVD BRIDGE CONST $ 1,292.84 FMG INC EXIT 8 COMMUNITY PATH - 18C $ 2,594.10 FOX, SHAWN TRAINING VERMILLION $ 74.00 VIEHAUSER ENTERPRISES SINGLE SIDED KEY $ 716.20 THE GLASS SHOP INSULATED WINDOW UNITS $ 1,915.57 GOOD SHEPHERD CLINIC 2021 ALLOCATION $ 2,700.00 GREAT WESTERN TIRE INC POW K TRL HWY 6 PLY $ 2,482.96 GRIMMS PUMP SERVICE GRACO SDP5 METER $ 843.54 HARMON, MICHAEL SEATLLE MEALS PER DIEM $ 159.00 HAWKINS INC HAWKINS INC $ 2,327.54 HEISLER HARDWARE CONDUIT $ 1,388.69 HIGH PLAIN HERITAGE SCTY QUARTERLY ALLOCATION $ 17,325.00 HILLS PRODUCTS GROUP CEDARTONE GROUND CONTACT $ 139.80 JOLOVICH, CODY NDS GREAT PLAINS COMPACT FIRE $ 522.00 JONES CARTER NDS GREAT PLAINS FIRE $ 280.00 KANE, RACHEL 4/8 - 5/6 5O5 REFING $ 556.25 KNECHT HOME CENTER INC SILICONE $ 2,387.91 LAWRENCE COUNTY AUDIT ELECTION 4-13-2021 $ 471.52 LAWRENCE COUNTY EQUALI PICTOMETRY AERIAL- 2020 FLIGHT $ 10,030.13 LINDSTAD'S ALIGNMENT/BR UPPER BALL JOINT & ALIGN FRONT $ 165.93 MATTHEWS OPERA HOUSE QUARTELY ALLOCATION $ 10,800.00 MURPHY PETROLEUM TRAN USED OIL PICK UP FEE $ 60.00 NEIGHBORHOOD HOUSING 2021 ALLOCATION $ 3,600.00 NORTHERN HILLS VENTURES MAR/APR SVC ADJ $ 14,499.51 N HILLS COMMUNITY BAND ANNUAL ALLOCATION $ 270.00 ONE TIME VENDORS RON FROSETH:CAMP REFUND $ 270.00 PRECISION DYNAMICS CORP 1" SECURBANDS $ 1,887.90 PETTY CASH POSTAGE/WIRE/DARE/FUEL/REFUND $ 235.29 POWELL, JACOB 4/8 - 5/6 5O5 REFING $ 156.25 WEST RIVER TRANSIT AUTHO QUARTERLY ALLOCATION $ 10,125.00 SCHREINER ENTERPRISES, CONTRACTOR LICENSE RENEWAL $ 293.55 QUIK SIGNS INC BOULEVARD BANNER $ 1,771.98 RAPID DELIVERY COPY COUNTRY $ 216.28 RCS CONSTRUCTION INC SIGN REMOVAL ORCHARDS CREEK $ 343,569.91 RDJ SPECIALTIES INC BADGE STICKERS FIRE,EMT,PD $ 905.92 RDO EQUIPMENT CO TROUBLESHOOT GPS NET GSA $ 674.30 REED, THERESA DAWN REED, THERESA DAWN $ 465.00 SACRISON ASPHALT INC LIMESTONE AND TACK $ 230.60 SCOTT, NIKOLAS REFING SCOTT $ 386.25 SD DEPT OF HEALTH BEAL $ 30.00 SOUTH DAKOTA ONE CALL APRIL 2021 MESSAGE FEES $ 175.35 SDRS SPECIAL PAY PLAN SPECIAL PAY PLAN FEE YOUNG $ 45.00 SPEARFISH ECON DEVELOPMENT 2ND QTR ALLOCATION $ 25,000.00 SIMON CONTRACTORS OF SD 1" ROADSTONE HERITAGE $ 1,178.97 SCOTT RITSCHE DBA DNH FLEX LIGHT $ 75.00 SPEARFISH AMBULANCE SE 2021 ALLOCATION $ 22,500.00 SPEARFISH AUTO SUPPLY OIL FILTER DUP CHARGE $ 3,267.17 PONDEROSA APTS INC 2021 ALLOCATION $ 4,500.00 SPEARFISH SENIOR SERVICE 2021 ALLOCATION $ 450.00 STEC'S INNOVATIVE SAFETY REWARDS PROGRAM $ 97.45 TEEN COURT ANNUAL ALLOCATION $ 2,250.00 THRALL, CARY A ART CLASSES 4/14 & 4/28 $ 135.00 TRAFFIC CONTROL CORP CAMERA AUTOSCOPE $ 835.00 TRUGREEN CHEMLAWN TRUGREEN CHEMLAWN $ 8,366.00 TWO WHEELER DEALER CYC BRONZE TUNE LUBE SUPPLIES SEAT $ 195.00 TYLER TECHNOLOGIES INC MONTHLY FEES $ 166.00 US BANK SALES TAX REVENUE BONDS $ 145,448.68 CITY OF SPEARFISH MAY 2021 W/S/G $ 13,801.56 VICTIMS OF VIOLENCE 2021 ALLOCATION $ 3,150.00 VOTROUBEK, PATRICK VOTROUBEK, PATRICK $ 1,414.00 WAMCO LAB INC TOXICITY TESTS $ 2,200.00 WELLS PLUMBING CORP CREDIT FOR 1-1069209 $ 709.41  WESTERN DAKOTA TECHNI 6 CERTS $ 900.00 WESTERN HILLS HUMANE S 2021 ALLOCATION $ 8,700.00 INTEGRITY ACQUISITION RACK $ 630.00 WHITE'S QUEEN CITY FIX RADIO-ELECTRICAL $ 715.66 WOELBER EXCAVATING, LLC SEWER MAIN ALLEY ELGIN/E DAKOT $ 8,035.73 ZANDSTRA CONSTRUCTION SKY RIDGE DEVELOPMENT P1 PE 8 $ 115,516.80 $ 1,083,464.00 There being no further business, Hodgs moved, Jacobs seconded and all voted to adjourn at 7:10 p.m. Dated this 7th day of June 2021. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.