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City Council

Regular Meeting

Spearfish, SD · October 4, 2021

AgendaMinutes

Minutes

Spearfish City Council Regular Session Minutes October 4, 2021 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, October 4, 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, and Recreation Facility Superintendent Rauterkus. Mayor Boke noted the World Habitat Day proclamation will be presented so it was removed from the consent agenda. Hodgs moved, Jacobs 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 20, 2021. B. Add Mason Jensen to the rec center referee list. C. Add Patty Penrose to the rec center volunteer list, effective 10/9/2021. D. Add Marc Williams the 2021 volunteer fire department list. E. Hire Karsyn Black as (benefit-eligible) police officer, grade 17, step 1, $24.57 per hour, effective 10/5/2021. F. Hire Jared Symonds as (benefit-eligible) parks maintenance & forestry technician, grade 12, step 1, $19.19 per hour, effective 10/18/2021. G. Mayor Boke to proclaim the month of October 2021 as Domestic Violence Awareness Month. H. Mayor Boke to proclaim October 15, 2021, as White Cane Safety Day. Items from Visitors Proclamation – Mayor Boke proclaimed October 4, 2021 as World Habitat Day. Marcus Rinehart, Spearfish Re-Store Site Manager, accepted the proclamation. Other Items Ordinance 1355 – Clark moved, Rath seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the second reading of Ordinance 1355 – An Ordinance Amending the Licensing Provisions for Cannabis Establishments. Resolution 2021-30 – Hodgs moved, Hourigan seconded and all voted to approve Resolution 2021- 30 as follows: RESOLUTION 2021-30 A RESOLUTION TO TRANSFER REAL PROPERTY FROM THE CITY OF SPEARFISH TO THE SPEARFISH ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the City of Spearfish owns property in a business park; WHEREAS, pursuant to SDCL 9-27-36 and 9-54-1, the City of Spearfish will convey property to the Spearfish Economic Development Corporation for encouraging and assisting in the location of new business and industry; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that the following described territory be conveyed to the Spearfish Economic Development Corporation: Lot 5A and Lot 5B of Block 4 of the Hansen Addition City of Spearfish, Lawrence County, South Dakota as shown on recorded plat document numbers 2019-2472 filed in the office of the Lawrence County Register of Deeds Three (3) +/- acre parcel located in the Unplatted Balance of Tract C Revised All Located of Block 4 of the Hansen Addition City of Spearfish, Lawrence County, South Dakota as shown on recorded plat document numbers 2009-4540 filed in the office of the Lawrence County Register of Deeds. The three (3) +/- acre parcel adjoins to the east property line of Lots 5A and 5B and the south property line of Tract C Revised under the terms and conditions in the purchase agreement attached hereto. Dated this 4h day of October, 2021 CITY OF SPEARFISH ATTEST: By:__________________________ Dana Boke, Mayor ________________________________ Michelle DeNeui, City Finance Officer (SEAL) Adopted: October 4, 2021 Published: October 9, 2021 Effective: October 29, 2021 License – Clark moved, Jacobs seconded and all voted to approve the renewal of a retail (on-off sale) malt beverage & SD farm wine license for Sajan Baniya with Himalayan Indian Cuisine located at 6764 Colorado Blvd, Suite 2. Resolution 2021-29 – Clark moved, Hourigan seconded and all voted to approve Resolution 2021- 29 as follows: RESOLUTION 2021-29 A RESOLUTION TO SET FEES CHARGED BY THE CITY BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPEARFISH, SOUTH DAKOTA that the following fees shall be amended and/or charged by the City of Spearfish: CURRENT AMENDED/NEW ITEM AREA FEE DESCRIPTION AMOUNT AMOUNT SRAC - Group Swim 1155 PARKS $50.00 $60.00 Lessons SRAC - Private Swim 1169 PARKS $20.00 $25.00 Lessons SRAC - Waterpark Single 1232 PARKS Waterpark Membership $136.00 $200.00 (Half off until May 1st) SRAC - Waterpark: 1233 PARKS $3.00 $5.00 Spectator, per day SRAC - Waterpark: Under 1234 PARKS 48 " Tall- Over 4 Yrs. old, $7.00 $10.00 per day SRAC - Waterpark Party 1258 PARKS Room Package Rental A $135.00 $150.00 (10 Wristbands, 2 hours) SRAC - Waterpark- 48" 1264 PARKS Tall Slider and Over, per $9.00 $12.00 day SRAC - Waterpark-Group 1266 PARKS $6.00 $9.00 Rate for 20+ SRAC- Waterpark Party New PARKS Room Package Rental B - $240.00 (20 Wristbands, 4 hours) Cannabis Establishment Non-refundable New FINANCE - $1,500.00 Application Fee (applied to license fee) Cannabis Establishment New FINANCE - $5,000.00 License Fee Cannabis Establishment New FINANCE - $5,000.00 License Renewal Fee $50.00 per New ENGINEERING Right-of-way Permit Fee - excavation per 400 lineal feet Be it further resolved that these fees shall go into effect on October 25, 2021. Dated this 4th day of October, 2021. CITY OF SPEARFISH ____________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer (SEAL) Adopted: October 4, 2021 Published: October 5, 2021 Effective: October 25, 2021 Recruit – Hodgs moved, Clark seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to authorize staff to begin recruitment of a full-time, benefit eligible customer service assistant for the Recreation and Aquatics Center. Set – Hodgs moved, Jacobs seconded and all voted to set a public hearing for October 18, 2021 for Ordinance 1354 – An Ordinance Amending Appendix A Zoning for Solar Energy Conversion Facilities. Resolution 2021-27 – Hodgs moved, Rath seconded and all voted to approve Resolution 2021-27 as follows: RESOLUTION 2021-27 A RESOLUTION TO TRANSFER REAL PROPERTY FROM THE CITY OF SPEARFISH TO THE SPEARFISH ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the City of Spearfish has completed public infrastructure at the Sky Ridge affordable housing development and individual lots are ready for home construction. WHEREAS, pursuant to SDCL 9-27-36 and 9-54-1, the City of Spearfish will convey 10 lots to the Spearfish Economic Development Corporation for affordable housing thus serving a public purpose and encouraging and assisting in the location of new business and industry and the expansion of existing business development. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that the following described territory be conveyed to the Spearfish Economic Development Corporation: Lots 1 Through 7 Of Block 1, Lots 11 Through 13 Of Block 1 Of Sky Ridge Subdivision, Being A Part Of Tract V-1 Of Sky Ridge Subdivision, Which Is A Part Of Tract V Of Elkhorn Ridge Addition, City Of Spearfish, Lawrence County, South Dakota under the terms and conditions of the Development Agreement approved on February 18, 2020. Dated this 4h day of October, 2021 CITY OF SPEARFISH ATTEST: By:__________________________ Dana Boke, Mayor ________________________________ Michelle DeNeui, City Finance Officer (SEAL) Adopted: October 4, 2021 Published: October 9, 2021 Effective: October 29, 2021 Change Order – Clark moved, Klarenbeek seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve Change Order 4 for Jackson Boulevard Street & Utility Improvements - Phase 2 Project for a net increase of $8,317.61 (+0.20%) and a revised substantial completion date of October 23, 2021. Change Order – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve Change Order 1 for 2021 Sanitary Sewer Trunkline CIPP Lining Project for a net decrease of $45,574.40 (-12.14%). Bill List – Klarenbeek moved, Raths seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve the bill list dated October 4, 2021 as follows: VENDOR DESCRIPTION AMOUNT ADVANCED ENGINEERING & ENV SPF CREEK FLOODPLAIN & BIG PROJ $ 9,793.80 ALLSTATE PETERBILT CO SWITCH ASSY-DUAL AXIS $ 97.01 AMAZON CAPITAL SERVICES SIGN-PAPER-LAMINATOR-SUPPLIES $ 4,498.73 BAKER & TAYLOR BOOKS $ 650.35 BB&T GOVERNMENTAL FINANCE WWTP REFI BOND 2021-2 $ 186,299.13 BEE WELL HONEY PRODCUTS FOR REC CENT $ 404.00 BLACK HILLS ENERGY AUGUST/SEPTEMBER 2021 ELECTRIC $ 19,430.27 BHSU POST AWARD GRANTS ACC MURAL PROJECT PAYMENT $ 3,000.00 BLACK HILLS CHEMICAL CORP GLOVES-CLEANING SUPPLIES $ 2,814.81 BLACK HILLS WINDSHIELD ROCK CHIP REPAIR $ 60.00 BOMGAARS SUPPLY INC NAILS-BULK BOLTS-POSTS $ 3,113.88 BYWATER SOLUTIONS, LLC KOHA LIBKI INSTALLATION $ 875.00 CASH-WA DISTRIBUTING CO CONCESSIONS FOR WP $ 1,048.01 CDW GOVERNMENT FLATBED SCANNER $ 290.03 CENGAGE LEARNING BOOKS $ 68.97 TMT INC COVER-PLASTIC CAP-ELECTRIC BRD $ 216.83 CENTRAL SQUARE TECHNOLOGIE MAINT FEE-CRIMINAL HISTORY $ 241.45 CLAUSER MACHINE WORKS BUILD HANDLE FOR VICE+HUB $ 135.00 ROBERTS, MICHAEL T HUDSON HALL-SCRAPE-PREP $ 408.00 CVD CONSTRUCTION INC OPERATOR & BOOM TRUCK $ 195.00 DAKOTA BUS SERVICE CORP SDML TRANSPORT $ 850.00 DIVISION OF MOTOR VEHICLES TITLES & PLATE FEES $ 21.20 MEDNANSKY, DOUGLAS 24W LED T-5 $ 3,937.50 NEWHOUSE ENTERPRISES INC FOLDER LEGAL-PAPER $ 449.85 FASTENAL CO ZINCHEX LAG-HITPIN-FEND-NYLO $ 1,211.27 FELSBURG HOLT & ULLEVIG JKSN BRDG SERV 7/1-8/31 $ 378.02 BDG INC PATHFINDER TERM KIT $ 664.25 VIEHAUSER ENTERPRISES LLC HYDRO PLANT NEW DOOR $ 446.44 HEISLER HARDWARE SWAZALL BLADE-PAINT-PVC PIPE $ 909.48 INTERSTATE ENGINEERING INC XTRAIN CITY ENG STAFF 8/3-8/14 $ 445.00 KNECHT HOME CENTER INC BLADE-NUTS-RIVET-BATTERIES $ 1,621.35 LAMB PAINTING LLC SEAL FLUTED BLOCK TWO COATS $ 4,693.89 MID-AMERICA GOLF AND LANDS SKY RIDGE SPORTS COMPLEX PE 1 $ 230,780.64 MIDCONTINENT TESTING LABS, WATER TESTING WWTP W/S $ 930.00 PATTLEN ENTERPRISES INC DB ROTOR-TORO LATCHING SOLENOID $ 2,344.20 NORTHERN HILLS VENTURES IN LICENSES RENEW-OCT MNG NET $ 17,010.64 ONE TIME VENDORS JUEL DAWN OR AL:CMPGRND REF $ 185.00 PETTY CASH PLAT MONEY REIMBURSEMENT $ 122.00 QUIK SIGNS INC 250-60# LINEN LETTERHEAD $ 332.03 RCS CONSTRUCTION INC JKSN BRG PE5-JKSN ST IMPRV PE13 $ 509,908.23 ROSENAU, SAMANTHA INTERROGATION/INTERVIEW TR $ 224.00 SACRISON ASPHALT INC LIMESTONE $ 940.20 SOLE PERFECTION WORK BOOTS $ 100.00 SOUTH DAKOTA HISTORICAL SO BOOKS $ 56.07 SUPERIOR SANITATION LLC RESTROOMS 5-0 & AUG RENTAL $ 2,012.00 TRAFFIC CONTROL CORP 4 EVR ROUND BUTTON-YELLOW $ 372.00 TYLER TECHNOLOGIES INC OCT ONLINE BILL FEES $ 166.00 WALMART CAPITAL ONE BAGS-VINEGAR WWTP $ 50.66 INTEGRITY ACQUISITION LLC LINER $ 85.00 ZANDSTRA CONSTRUCTION SKY RIDGE DEV PH 1 PE12 $ 20,173.20 $ 1,035,060.39 September 2021 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $8,246.26 1.09% $7,660.26 $586.00 1.26% City Administrator 17,096.34 2.27% 13,908.57 3,187.77 2.29% Finance 32,243.44 4.28% 25,423.34 6,820.10 4.19% Human Resources 8,914.68 1.18% 7,288.00 1,626.68 1.20% Gov't Bldgs 16,431.54 2.18% 12,747.83 3,683.71 2.10% Engineering 32,830.31 4.36% 26,430.22 6,400.09 4.35% Public Safety Admin 22,532.87 2.99% 17,925.24 4,607.63 2.95% Police 140,032.78 18.58% 105,461.59 34,571.19 17.37% Fire 12,717.09 1.69% 10,649.85 2,067.24 1.75% Bldg Inspection 20,192.48 2.68% 14,436.56 5,755.92 2.38% Streets & Snow 48,933.35 6.49% 39,667.39 9,265.96 6.53% Cemetery 6,984.04 0.93% 5,691.56 1,292.48 0.94% Animal Control 3,986.46 0.53% 2,923.20 1,063.26 0.48% Recreation/Aquatic 45,554.55 6.04% 37,626.27 7,928.28 6.20% Parks 33,997.15 4.51% 28,285.56 5,711.59 4.66% Library 29,141.52 3.87% 23,319.49 5,822.03 3.84% Plan & Zone 13,800.54 1.83% 11,236.24 2,564.30 1.85% Motor Pool 11,916.00 1.58% 9,900.37 2,015.63 1.63% Wildland Fire 66,922.69 8.88% 60,541.41 6,381.28 9.97% Police Comm 39,405.05 5.23% 30,513.72 8,891.33 5.03% SAFER Grant 6,946.76 0.92% 5,433.05 1,513.71 0.89% Water 19,185.53 2.55% 14,843.20 4,342.33 2.44% Electric Production 34,699.66 4.60% 31,136.31 3,563.35 5.13% Sewer 17,880.65 2.37% 13,835.48 4,045.17 2.28% WWTP 29,119.34 3.86% 23,085.35 6,033.99 3.80% Solid Waste 23,474.07 3.11% 18,263.63 5,210.44 3.01% Campground 10,464.06 1.39% 8,878.80 1,585.26 1.46% Totals $753,649.21 100.00% $607,112.49 $146,536.72 100.00% Banking Fees September 99.35 Credit Card Fees September $8,685.33 Grand Total $762,334.54 There being no further business, Hodgs moved, Hourigan seconded and all voted to adjourn at 5:52 p.m. Dated this 4th day of October, 2021. CITY OF SPEARFISH By:_________________________________ Dana Boke, Mayor ATTEST: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.

Agenda

Spearfish City Council Regular Session Agenda October 4, 2021 5:30 p.m. City Council Chambers, 625 5th Street, Spearfish Join Zoom Meeting https://us02web.zoom.us/j/83755698592 Meeting ID: 837 5569 8592 One tap mobile +16699009128,,83755698592# US (San Jose) +12532158782,,83755698592# US (Tacoma) Dial by your location +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) Meeting ID: 837 5569 8592 Find your local number: https://us02web.zoom.us/u/kX4168oZl 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approve Agenda 5. Declaration of Any Potential Conflicts of Interest 6. Public Comment – Public comments are welcome; however, no action can be taken by the Council on comments received for items not on this agenda. Anyone wishing to have the Council consider a new item should complete a Citizen Request Form to be reviewed by administration. 7. Consent Agenda A. Approve the minutes of the City Council regular session dated September 20, 2021. B. Add Mason Jensen to the rec center referee list. C. Add Patty Penrose to the rec center volunteer list, effective 10/9/2021. D. Add Marc Williams the 2021 volunteer fire department list. E. Hire Karsyn Black as (benefit-eligible) police officer, grade 17, step 1, $24.57 per hour, effective 10/5/2021. F. Hire Jared Symonds as (benefit-eligible) parks maintenance & forestry technician, grade 12, step 1, $19.19 per hour, effective 10/18/2021. G. Mayor Boke to proclaim the month of October 2021 as Domestic Violence Awareness Month. H. Mayor Boke to proclaim October 4, 2021, as World Habitat Day. I. Mayor Boke to proclaim October 15, 2021, as White Cane Safety Day. 8. City Attorney A. Approve the second reading of Ordinance 1355 – An Ordinance Amending the Licensing Provisions for Cannabis Establishments. B. Approve Resolution 2021-30 – A Resolution to Transfer Real Property from the City of Spearfish to the Spearfish Economic Development Corporation. (Pacific Stainless Products, Inc.) 9. Finance A. Approve the renewal of a retail (on-off sale) malt beverage & SD farm wine license for Sajan Baniya with Himalayan Indian Cuisine located at 6764 Colorado Blvd, Suite 2. 10. Parks and Recreation A. Approve Resolution 2021-29 – A Resolution to Set Fees Charged by the City, effective October 25, 2021. (Water park fees, cannabis license fees and right-of-way fee.) B. Authorize staff to begin recruitment of a full-time, benefit eligible customer service assistant for the Recreation and Aquatics Center. 11. Planning and Zoning A. Set a public hearing for October 18, 2021 for Ordinance 1354 – An Ordinance Amending Appendix A Zoning for Solar Energy Conversion Facilities. B. Approve Resolution 2021-27 – A Resolution to Transfer Real Property from the City of Spearfish to the Spearfish Economic Development Corporation. (10 workforce housing lots) 12. Public Works A. Approve Change Order 4 for Jackson Boulevard Street & Utility Improvements - Phase 2 Project for a net increase of $8,317.61 (+0.20%) and a revised substantial completion date of October 23, 2021. B. Approve Change Order 1 for 2021 Sanitary Sewer Trunkline CIPP Lining Project for a net decrease of $45,574.40 (-12.14%). 13. Approve the bill list dated October 4, 2021 14. Mayor and Council 15. Departmental Discussion 16. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 12 hours prior to the meeting so that appropriate auxiliary aids and services are available.

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