City Council

Spearfish City Council Regular Session Minutes September 20, 2021 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, September 20, 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: Interim City Administrator McDonald, City Planner Watson, Finance Officer DeNeui, Public Works Director Kean, Parks and Recreation Director Ehnes, Public Safety Director Rotert and City Engineer Mathis. Klarenbeek moved, Hodgs seconded and all voted to amend the agenda to add an executive session prior to adjournment under SDCL 1-25-2 (1) to discuss the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. Clark moved, Rath seconded and all voted to approve the agenda as amended. No conflicts of interest were declared. Public Comment – At 5:31 p.m. a time for public comment was opened with no comments received. Consent Agenda – Clark moved, Jacobs 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 September 7, 2021. B. Add Kaelynn Ahrendt to the parks volunteer list. C. Add Brent McNeil and Austin Goddard to the 2021 volunteer fire department list. D. Add Marc Levise to the 2021 rec center referee list. E. Approve the treasurer’s report dated August 31, 2021. Items from Visitors Proclamation – Mayor Boke proclaimed September 19-25, 2021 as Adult Education and Family Literacy Week. Bike Rental Kiosk – Tom and Breon Derby with Black Hills Bike Share requested authorization to move forward in the process to construct and operate a bike rental kiosk on city property. Following discussions, Hodgs moved, Hourigan seconded and with Hodgs, Hourigan, Jacobs and Rath voting aye, Clark and Klarenbeek voting nay, motion passed to direct city staff to prepare a lease agreement with Black Hills Bike Share. Other Items Lease – A public hearing was opened at 6:01 p.m. to consider a lease agreement with the State of South Dakota for use of Hudson Hall. No oral or written comments were received and the hearing was closed. Hourigan moved, Hodgs seconded and all voted to approve the lease agreement with the State of South Dakota for use of Hudson Hall. Ordinance 1355 – Hodgs moved, Jacobs seconded and all voted to approve the first reading of Ordinance 1355 – An Ordinance Amending the Licensing Provisions for Cannabis Establishments. Final Project – Clark moved, Rath seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the final Under/Over Change Order for the 2021 Scheduled Street Repairs for a net increase of $9,927.58 (+4.08%) bringing final project cost to $253,154.85. Additionally, Clark moved, Jacobs seconded and all voted to approve the Certificate of Final Completion and Acceptance setting September 20, 2021 as the date the two (2) year warranty begins. Ordinance 1344 – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the second reading of Ordinance 1344 – The 2022 Appropriations Ordinance. Closure – Following discussions, Hourigan moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs and Rath voting aye and Klarenbeek voting nay, motion passed to authorize the closure of city offices, excluding the library, on November 17, 2021 to observe Safety Stand-Down Day. The library will have minimum staffing and have normal hours of operation. Resolution 2021-26 – A public hearing was opened at 6:13 p.m. to consider Resolution 2021-26. No oral or written comments were received and the hearing was closed. Hodgs moved, Jacobs seconded and all voted to approve Resolution 2021-26 as follows: RESOLUTION 2021-26 A RESOLUTION TO VACATE A SECTION LINE RIGHT-OF-WAY WHEREAS, 2-Bar-T Ranch LLC, owner of the herein referenced property, have petitioned to request that the Common Council of the City of Spearfish vacate the sixty-six foot (66’) wide section line right-of-way located as follows: NE1/4NE1/4, S1/2NE1/4, SE1/4 Except Lot H-2 Of Section 16, W1/2NW1/4, W1/2SW1/4 Lying North Of Lot H-2 Of Section 15, Township 6 North, Range 3 East, of The Black Hills Meridian, Centennial Prairie Addition To The City Of Spearfish, Lawrence County, South Dakota NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota to hereby approve the request to vacate the section line right-of-way described herein. Adopted this 20st Day of September, 2021 CITY OF SPEARFISH ________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer (seal) Public Hearing and Adoption: September 20, 2021 Published: September 25, 2021 Effective Date: October 15, 2021  EXHIBIT A - RESOLUTION 2021-26 Ordinance 1354 – Klarenbeek moved, Hourigan seconded and all voted to approve the first reading and set a public hearing for October 4, 2021 for Ordinance 1354 – An Ordinance Amending Appendix A Zoning for Solar Energy Conversion Facilities. Resolution 2021-23 – Clark moved, Jacobs seconded and all voted to repeal Resolution 2021-23. Resolution 2021-28 – Klarenbeek moved, Clark seconded and all voted to approve Resolution 2021-28 as follows: RESOLUTION 2021-28 A RESOLUTION TO VACATE THE SECTION LINE RIGHTS-OF-WAY AT CANYON BLUFFS ADDITION WHEREAS, the City of Spearfish has completed the required public hearings to vacate the section line rights-of-way described herein and public notice has been provided for the same. WHEREAS, the legal description in Resolution 2021-23 contained an error that omitted the location of Tract 2A as being within the Fairway Addition. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota to hereby approve the request to vacate the section line right-of-way described herein and as depicted on Exhibit A: Section Line Right of Way Located in: SE1/4SW1/4, SW1/4SE1/4 Less Tract 1 of Canyon Bluffs Addition, SE1/4SE1/4 of Section 14; W1/2SW1/4 South of I-90 Except Lot H2 of Section 13; Lot 2 of NE1/4NW1/4, and N1/2NE1/4 of Section 23, T6N, R2E, BHM, Canyon Bluffs Addition to the City of Spearfish, Lawrence County, South Dakota. Tract 2A Except Lot H2, of the Fairway Addition, a Subdivision of Lot 2 of the N1/2SE1/4 of Section 14, T6N, R2E, B.H.M., City of Spearfish, Lawrence County, South Dakota, as shown on Plat Document Number 1989-4475 recorded in the Office of the Lawrence County Register of Deeds. Dated this 20h day of September, 2021 CITY OF SPEARFISH ATTEST: By:__________________________ Dana Boke, Mayor _______________________________ Michelle DeNeui, City Finance Officer (SEAL) Adopted: September 20, 2021 Published: September 25, 2021 Effective: October 15, 2021 EXHIBIT A – RESOLUTION 2021-28 Resolution 2021-25 – Jacobs moved, Rath seconded and all voted to approve Resolution 2021-25 as follows: RESOLUTION 2021-25 A RESOLUTION TO TRANSFER TERRITORY WITHIN THE FAIRWAY ADDITION INTO THE CANYON BLUFFS ADDITION WHEREAS, the territory described herein is located within the Fairway Addition of the City of Spearfish as shown on the Plat thereof recorded in document 1989-04475, in the Office of the Lawrence County Register of Deeds, WHEREAS, the territory described herein is to be subdivided in the future and will thus include areas located within both the Fairway and Canyon Bluffs Additions to the City of Spearfish. WHEREAS, the City of Spearfish now desires to simplify the process for recording future final plats involving the territory described herein and wishes to identify all territory as being located within the Canyon Bluffs Addition. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that the following described territory be transferred from the Fairway Addition of the City of Spearfish to the Canyon Bluffs Addition of the City of Spearfish: (See Exhibit A). Tract 2A Except Lot H2, of the Fairway Addition, a Subdivision of Lot 2 of the N1/2SE1/4 of Section 14, T6N, R2E, B.H.M., City of Spearfish, Lawrence County, South Dakota, as shown on Plat Document Number 1989-04475 recorded in the Office of the Lawrence County Register of Deeds. Dated this 20h day of September, 2021 CITY OF SPEARFISH ATTEST: By:__________________________ Dana Boke, Mayor ________________________________ Michelle DeNeui, City Finance Officer (SEAL) Adopted: September 20, 2021 Published: September 25, 2021 Effective: October 15, 2021  EXHIBIT A City of Spearfish Resolution 2021-25 Tract 2A Except Lot H2, of the Fairway Addition, a Subdivision of Lot 2 of the N1/2SE1/4 of Section 14, T6N, R2E, B.H.M., City of Spearfish, Lawrence County, South Dakota, as shown on Plat Document Number 1989-04475 recorded in the Office of the Lawrence County Register of Deeds. Handout – Clark moved, Klarenbeek seconded and all voted to implement modifications to the Grading Requirements for Lots Less than One Acre handout. Policy – Hodgs moved, Klarenbeek seconded and all voted to implement modifications to the City of Spearfish Solid Waste Collection Policy. Agreement – Hodgs moved, Jacobs seconded and all voted to approve Sky Ridge Workforce Housing – Phase 1 Easement Agreement between Black Hills Power, Inc. and the City of Spearfish. FYI – MDU will begin installing a gas main along Colorado Boulevard next week as part of providing gas service to the Sky Ridge development. Through the development the gas line will be located outside of the right-of-way. An easement for the gas line on city property will be prepared at a later date. Bill List – Clark moved, Rath seconded and Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the bill list dated September 20, 2021 as follows: VENDOR DESCRIPTION AMOUNT 3D SPECIALTIES INC DIGITAL SIGN $ 1,736.17 3RD DEGREE SCREENING INC CREDIT CHECK $ 47.50 A & B BUSINESS INC COPIER LEASE 9/5 TO 10/4 $ 2,636.06 A & B WELDING SUPPLY CO CYLINDER RENTAL-HAND SHIELD $ 249.44 A & L CONTRACTORS LLC STRT RPR PE5 FINAL-SLM PRK BR FINAL $ 74,045.58 ADOBE INC. ACROBAT PRO $ 172.70 AED SUPERSTORE CREDIT $ (10.99) AINSWORTH-BENNING INC EXIT 8 COMMUNITY PATH RTP PE2 $ 149,410.30 AL CORNELLA REFRIGERATION REC CENTER FRIDGE COMPRESSOR $ 349.36 ALERT-ALL CORPORATION RED CUSTOM FIRE HATS $ 810.00 ALIENGEAR HOLSTERS HOLSTERS $ 59.62 ALLSTATE PETERBILT CO 18 PETE BRAKE ISSUE-LED LIGHT KIT $ 4,452.70 AMERICAN PLANNING ASSOC APA JAYNA MEMBERSHIP $ 641.00 AMERICAN RED CROSS LIFEGUARDING, BUNDLE 4 $ 43.00 BAKER & TAYLOR BOOKS $ 264.77 BAYMONT INN & SUITES CA WLDLND TRVL LODGING CA STATE $ 215.04 BELLE FOURCHE LANDFILL AUGUST LANDFILL CHARGES $ 32,095.17 BLACK HILLS ENERGY AUGUS/SEPT 2021 ELECTRICITY $ 8,346.18 BICKLE TRUCK & DIESEL INC 13 PETE RAIL PRESSURE LOW $ 298.74 BIERSCHBACH EQUIP & SUPPLY BARACADE SILANE-SEALER $ 4,591.77 BLACK HILLS CHEMICAL CORP GLOVES-PAPER TOWELS-SOAP-TP $ 2,198.75 BLACK HILLS PIONEER SUBSCRIPTIONS AND LEGALS $ 1,337.38 BLACK HILLS PURE INC WATER AND COOLER $ 49.00 BLACK HILLS URGENT CARE LL EMPLOYEE TESTING $ 1,025.00 BROWN, HEATH G WLDLND TRAVEL VOUCHER WA STATE $ 896.00 BTOD.COM DESKS FOR FINANCE OFFICE $ 1,547.50 BUTTE ELECTRIC COOP ELECTRIC 6/24-7/24 $ 61,705.22 VISUAL WORKS INC JULY MAINT FEE $ 1,463.00 CASCADE RESCUE DBA HARKEN SLIME-TAMER-LITTER-RIG KIT $ 5,796.74 CBH COOPERATIVE AUGUST FUEL 2021 $ 29,392.35 TMT INC POWERCORD 16/3 50' YELLOW $ 224.52 CENTURYLINK INC SEPTEMBER 2021 SRVS FD-PD-HYD-AIR $ 356.27 CHAIN SAW CENTER MINI EX-SCISSOR LIFT-TRIMMER LINE $ 3,353.75 CITY BREW GIFT CARDS-LIBRARY $ 50.00 CLAUSER MACHINE WORKS PLATES-WALL TUBE-RETHREAD $ 2,071.77 CLIMATE CONTROL SYSTEMS & PREVENTIVE MAINT-REC CENTER BOIL $ 3,052.45 COCA-COLA BOTTLING CO CONCESSIONS-MILK-WATER-SODA-TEA $ 3,604.25 CORE & MAIN LP BOX RISER-SEWER COVER-METER $ 5,536.50 COUNTRY INN & SUITES BILLI WLDLND TRVL TO IDAHO $ 282.00 CULLIGAN SOFT WATER CORP BOTTLED WATER $ 94.00 DIGITALOCEAN LLC OBITS ONLINE $ 5.00 DIVISION OF MOTOR VEHICLES TITLES AND PLATE FEES $ 21.20 DRI-VOICE OF THE DEFENSE B MEMBERSHIP $ 160.00 MEDNANSKY, DOUGLAS WALLPACK-TRAPEZOID $ 408.00 EAGLES NEST MOTEL WLDLND TRAVEL IDAHO $ 7,859.32 ECOLAB PEST ELIMINATION AUGUST PEST PROGRAM $ 713.11 ELITE INDUSTRIAL LLC LEATHER SEALS $ 1,350.00 ELKS THEATRE ELKS THEATRE- REC CENTER $ 126.00 NEWHOUSE ENTERPRISES INC CALCULATOR-KODAK PAPER-LABELS $ 51.62 FAMILY DOLLAR WATER- FOR WLDLAND FD $ 89.46 FASTENAL CO HEX-FEND TOOL $ 151.59 FIB-AP PURCHASE CARDS AUGUST P CARDS $175,062.77 $ - EDDIE'S TRUCK CENTER INSULATOR- EXHAUST PIPE & MUFF $ 76.44 FMG INC EXIT 8 COMMUNITY PATH PH1 $ 19,446.70 FRONTIER GLASS LENNY GROVE WINDSHIELD $ 300.07 GALLS LLC 51 GARRISON BELT-UNIFORM-PD $ 205.10 VIEHAUSER ENTERPRISES LLC FILE CABINET KEY PD $ 15.00 GILLETTE STEEL CENTER STAINLESS STEEL FLAT $ 66.00 GRAINGER INC EXIT SIGN $ 188.40 HAMPTON INN-EVANSTON WY FD LODGING FOR WILDLAND $ 264.00 HANZLIK, ROGER WLDLND TRAVEL VOUCHER WA STATE $ 924.00 HDR ENGINEERING INC EXIT 17-SPORTS COMP-SANDSTONE $ 33,044.79 HEINERT,NAKITA TUITION REIMBURSEMENT $ 1,980.20 HILLS INTERIORS INC VINYL COVE BASE CHARCOAL $ 122.40 HOLIDAY INN- SALT LAKE UTA WILDLAND TRAVEL $ 786.38 HOME2HILTON BISMARCK ND WOODS STAY IN ND FOR TRAINING $ 929.50 THE ICE MAN LLC ICE CAMPGROUND $ 1,884.85 IMLA MEMBERSHIP RENEWAL $ 300.00 INSTANTCARD CITY EMPLOYEE ID CARDS $ 500.00 INTERSTATE ENGINEERING INC BANDSHELL SURVEY $ 2,577.38 JENNER EQUIPMENT CO SCREW SOCKET $ 17.34 JOHN E REID & ASSOCIATES I REID TECHNIQUE-ROSENAU $ 550.00 JOLOVICH, CODY WLDLND TRAVEL VOUCHER WA STATE $ 896.00 JONES CARTER WLDLND TRAVEL VOUCHER WA STATE $ 896.00 KESSLER, LEVI WLDLND TRAVEL VOUCHER WA STATE $ 896.00 KETEL THORSTENSON LLP 2020 AUDIT WORK $ 2,182.05 WASTE CONNECTIONS OF SD IN RUBBLE SITE YEARLY CHARGE $ 500.00 KLJ SOLUTIONS HOLDING CO PERIMTR WLDLF FENCE-AIRPRT CROSS $ 37,876.36 LADSON, SLADE WLDLND TRAVEL VOUCHER WA STATE $ 924.00 LAKESIDE EQUIPMENT CORP MAGNA ROTOR BLADE GASKET $ 600.00 LITTLE CAESARS PIZZA PARTY-PD $ 31.18 LUEDERS FOOD CENTER SANDWICHES FOR FD TRAVEL $ 288.19 MID-AMERICAN RESEARCH CHEM TUFF STUFF COMM $ 283.04 MATTHEWS INTL CORP HOBBS PLAQUE $ 137.00 MONTANA-DAKOTA UTILITIES SERVICES FOR 8/7-9/7 $ 8,033.75 MIDCO CAMPGROUND AUGUST $ 1,000.40 MONEY MOVERS 8/1/2021-8/31/2021 SERVICES $ 7.00 MONUMENT HEALTH EMPLOYEE TESTING $ 490.00 MURPHY PETROLEUM TRANSPORT USED OIL PICK UP FEE $ 40.00 NORTH CENTRAL LABORATORIE BOD SEED $ 114.79 NEWPORT ANTLER MOTEL FD TO NEWPORT WA WILDLAND $ 394.92 NIHCA ANNUAL MEMBERSHIP $ 99.00 NORTHWEST PIPE FITTING CO COUPLERS AND GASKET $ 199.31 NSG LOGISTICS, LLC ICE SLICE $ 8,636.20 OFFICEMAX CHAIR AND DESK $ 1,149.98 PRO WINDMILL INC PEST PROGRAM $ 773.00 ONE TIME VENDORS KUYPEN,DAN: CAMP REFUND $ 135.00 PETTY CASH SEPT FINANCE OFFICE PETTY CASH $ 272.34 PETTY CASH PLAT REIMBURSEMENT $ 186.00 WATER TREE INC SODA ASH #50 $ 42.00 PRIORITY DISPATCH CORP MPDS BACKUP CARDSET LICENSE $ 101.00 QUIK SIGNS INC BIKE SKILLS SIGNS $ 468.43 QUINN CONSTRUCTION, INC BH ARPT PRM FNC PMNT 8 $ 89,465.85 RAPID DELIVERY MIDCO LAB RUNS FOR WWTP&SEWER $ 286.80 RODEWAY INN BILLINGS WLDLND TRVL TO IDAHO $ 568.47 RUNNING SUPPLY INC 8' TIMBER TREATED $ 196.60 RUSHMORE COMMUNICATION COMMS DOWN AT HANSON LIFT $ 550.00 SACRISON ASPHALT INC LIMESTONE $ 808.80 SAFEWAY STORES INC REC CENTER CONCESSIONS $ 277.44 SDML SDML REGISTRATIONS $ 2,360.00 SEGUIN, MAKYAH WLDLND TRAVEL VOUCHER WA STATE $ 924.00 SERVALL TOWEL & LINEN MAT-BAGS-SANITIZER WIPES $ 1,021.43 SMUGMUG SPEARFISH DIGITAL DOWNLOAD $ 18.05 SOUTH DAKOTA DOT PERMIT RENEWAL FEE $ 16.00 SDPA JAYNA MEMBERSHIP $ 130.00 SOUTH DAK STATE TREASURER AUG SALES TAX PMT $ 20,684.71 VIVI BENE INC POLE CHECK- ST JOE-AIRPORT TV-CAMP $ 414.20 SPEARFISH AMBULANCE SERV SMALL MEDICAL EQUIPMENT $ 1,557.72 SPEARFISH LUMBER CO THINNER-PAINT-SPRAYER CONCENT $ 184.93 GUDAHL INVESTMENTS LLC COROTECH RAPID CLEAR BASE $ 259.96 STATE OF SD-EXECUTIVE MGMT WWTP TELEPHONE $ 14.88 STEC'S INNOVATIVE SAFETY S AUGUST 2021 BILLING $ 543.00 SUPPLYCACHE ROGUE HOE X8 $ 366.55 SWEET TREATS INC FROYO-SANDWICHES-PREFILLED CUP $ 391.00 T & W APPLIANCE CHECK FRIDGES AT SNAPPERS $ 85.00 THE UPS STORE #5137 SHIPPING FOR PD AND STREETS $ 255.01 THOMSON REUTERS WEST SOFTWARE SUBSCRIPTION $ 523.03  TIMECLOCK PLUS LICENSE RENEWAL $ 5,625.00 TIVITY HEALTH SILVER SNEAKERS $ 170.00 TNEMEC CO INC HB EPOXOLINE LT GRAY $ 481.90 TRAFFIC CONTROL CORP CONTROL BOARD $ 1,040.00 TTG ENTERPRISES INC FLOW CHART RECORDER $ 130.50 TURBIVILLE INDUSTRIAL ELEC ZOELLER PUMP INSPECTION $ 496.53 TWO WHEELER DEALER CYCLE CABLE FOR LEG PRESS $ 120.00 USA BLUE BOOK SAMPLER 3 SECTIONS $ 454.46 CITY OF SPEARFISH CAMPGROUND AUGUST $ 3,393.57 VARIOUS FUEL VENDORS FOR T FD TRAVEL TO WILDLAND $ 5,792.03 CLARITY TELECOM LLC VAST BILL 7/16-8/15 $ 4,437.95 VERIZON WIRELESS SERVICE JUNE-JULY $ 4,206.64 VIOLA SOFTWARE LLC WEBSITE HOSTING MAY $ 75.00 VISIT SPEARFISH INC VST SPF BID BOARD ALLOCATION $ 32,154.00 WALL STREET JOURNAL AUGUST PAYMENT $ 44.99 WALMART.COM PAPER-MEAT CHEESE-CREAMER-FANS $ 765.64 WELLS PLUMBING CORP BUSHING-SPRINKLER-CEMENT-COND $ 662.40 WENZEL, WILLIAM W WLDLND TRAVEL VOUCHER WA STATE $ 924.00 INTEGRITY ACQUISITION LLC CALIBRATION NOX SENSOR FAULTS $ 2,558.97 WHITE'S QUEEN CITY MOTORS SENSOR-CHECK ENGINE-POLICE TAHO $ 38,092.92 WOLFF'S PLUMBING & HEATING TOILET REPAIR KITS-CITYPARK TOILET $ 950.00 WOODS, CHRISTOPHER D WOODS- FLETC TRAINING $ 280.00 $ 772,017.28 Executive Session – Clark moved, Hourigan seconded and all voted to enter into executive session to discuss the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee per SDCL 1-25-2(1). Council returned to regular session at 6:50 p.m. There being no further business, Clark moved, Hodgs seconded and all voted to adjourn at 6:50 p.m. Dated this 20th day of September, 2021. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.