City Council

Spearfish City Council Regular Session Minutes September 6, 2022 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Tuesday, September 6, 2022. Mayor Senden 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 McFarland, City Attorney McDonald, Finance Officer DeNeui, City Planner/Public Works Director Broyles, Parks and Recreation Director Ehnes, Human Resource Director Mathis, Public Safety Director Rotert and Assistant Public Works Director McMahon. All stood and recited the pledge of allegiance. Klarenbeek moved, Jacobs seconded and all voted to approve the agenda as presented. No potential conflicts of interest were noted. Public Comment – At 5:32 p.m. a time for public comment was opened and closed with no comments being received. Consent Agenda – Jacobs moved, Hourigan seconded and all voted to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated August 15, 2022. B. Approve the treasurer’s report dated July 31, 2022. C. Authorize Angie Faulkner as a signer on all bank accounts for the City of Spearfish. D. Add Barbara Gauger to the 2022 library volunteer list and Susan Beeman to the Fire Department 2022 volunteer list. Item from visitor Proclamation – Mayor Senden proclaimed September 11-17, 2022 as Direct Support Professionals Week in Spearfish, South Dakota. Other Items Ordinance 1373 – Hodgs moved, Rath seconded and all voted to approve the first reading of Ordinance 1373 – The 2023 Appropriations Ordinance. Resolution 2022-27 – Clark moved, Hourigan seconded and all voted to approve Resolution 2022- 27 as follows: RESOLUTION 2022-27 A RESOLUTION OF INTENT TO ENTER INTO A PRIVATE HANGAR GROUND LEASE AGREEMENT 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 Big Ole Shed, LLC 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 September 19, 2022. Dated this 6th day of September, 2022. CITY OF SPEARFISH By: ____________________________ (Seal) John Senden, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: September 6, 2022 Published: September 9, 2022 Effective: September 29, 2022 License – A public hearing was opened at 5:49 p.m. to consider an application from Daryll Propp with Elkhorn Ridge RV Park and Campground, LLC for a retail (on-sale) liquor license located at 20189 US Highway 85 transferring from Iron Phnx, LLC located at 529 N. Main Street. No oral or written comments were received and the hearing was closed. Clark moved, Klarenbeek seconded and all voted to approve the license application. License – A public hearing was opened at 5:50 p.m. to consider a special on-sale liquor license for False Bottom Bar for a wedding on September 17, 2022, from 4:00 p.m. to midnight at the Joy Center. No oral or written comments were received and the hearing was closed. Hodgs moved, Rath seconded and all voted to approve the license application. Agreement – Hodgs moved, Jacobs seconded and all voted to approve the Joint Powers and Funding Agreement for Bridge Replacement with the State of South Dakota Department of Transportation for the Federal Highway Local Bridge Replacement Program for the box culvert on Colorado Blvd over Miller Creek project BRF-B 8234(01) and authorized Mayor to sign all required documents for the execution of the agreement. Resolution 2022-29 – Klarenbeek moved, Hourigan seconded and all voted to approve Resolution 2022-29 as follows:  RESOLUTION 2022-29 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– strikethrough indicating text to be deleted, underline indicating text to be added, and certain fees are subject to applicable sales tax: CURRENT AMENDED/NEW ITEM AREA FEE DESCRIPTION AMOUNT AMOUNT 625 ENGINEERING Floodplain Permit Application Fee NEW $65.00 Annual Commercial/Corporate Hangar 100 AIRPORT Ground Lease for leases established prior $0.16/sq.ft. $0.17/sq.ft. to 2019 Annual Commercial Ground Space for 101 AIRPORT $0.16/sq.ft. remove leases established prior to 2019 As stated in 102 AIRPORT Annual FBO Hangar Lease $0.15/sq.ft. agreement Annual Private Noncommercial Ground 103 AIRPORT Space Lease for leases established prior to $0.13/sq.ft. $0.14/sq.ft. 2019 Annual Private Hangar Lease for leases 104 AIRPORT $0.13/sq.ft. remove established prior to 2019 $215.00- $220.00-$245.00/mo. 106 AIRPORT Cold T-Hangar Lease $240.00/mo. + + applicable tax tax As stated in 107 AIRPORT Eagle Fuel Flowage Fees $0.02/gal. agreement As stated in 108 AIRPORT FBO Shop & Office Land Lease $550.00/mo. agreement (seal) CITY OF SPEARFISH ______________________________ ATTEST: John Senden, Mayor ___________________________ Michelle DeNeui, Finance Officer Adopted: September 6, 2022 Published: September 9, 2022 Effective: September 29, 2022 Memorandum – Clark moved, Rath seconded and all voted to approve the Memorandum of Understanding with the Northern Hills Hockey Association for use of the Madison Ice Rink. Resolution 2022-26 – A public hearing was opened at 5:54 p.m. to consider Resolution 2022-26 the vacate of Main Street right-of-way at 344 Main Street. No oral or written comments were received and the hearing was closed. Hodgs moved, Rath seconded and all voted to approve Resolution 2022-26 as follows: RESOLUTION 2022-26 A RESOLUTION TO VACATE A SECTION OF MAIN STREET RIGHT-OF-WAY WHEREAS, H&R Properties LLC, owner of the herein-referenced property has petitioned to request that the Common Council of the City of Spearfish vacate the following: Main Street Right-of-Way abutting the West 70 feet of Lots 11 and 12 of Block 63 of Original Townsite, City of Spearfish, Lawrence County, South Dakota, as further described on Exhibit A. 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 Main Street right-of-way described herein. Dated this 6th day of September, 2022. CITY OF SPEARFISH (seal) _____________________________ John Senden, its Mayor Attest: ___________________________________ Michelle DeNeui, Finance Officer Public Hearing and Adoption: September 6, 2022 Published: September 9, 2022 Effective Date: September 29, 2022  EXHIBIT A – CITY OF SPEARFISH RESOLUTION 2022-26 Location of Main Street and Federal Street Vacate (within solid line) Resolution 2022-28 – A public hearing was opened at 5:55 p.m. to consider Resolution 2022-28 for the vacate of Federal Street right-of-way at 344 Main Street. No oral or written comments were received and the hearing was closed. Rath moved, Hourigan seconded and all voted to approve Resolution 2022-28 as follows: RESOLUTION 2022-28 A RESOLUTION TO VACATE A SECTION OF FEDERAL STREET RIGHT-OF-WAY WHEREAS, H&R Properties LLC, owner of the herein-referenced property has petitioned to request that the Common Council of the City of Spearfish vacate the following: Federal Street Right-of-Way abutting the West 70 feet of Lot 12 of Block 63 of Original Townsite, City of Spearfish, Lawrence County, South Dakota, as further described on Exhibit A. 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 Federal Street right-of-way described herein. Dated this 6th day of September, 2022. CITY OF SPEARFISH (seal) ____________________________ Attest: John Senden, its Mayor ___________________________________ Michelle DeNeui, Finance Officer Public Hearing and Adoption: September 6, 2022 Published: September 9, 2022 Effective Date: September 29, 2022 EXHIBIT A – CITY OF SPEARFISH RESOLUTION 2022-26 Location of Main Street and Federal Street Vacate (within solid line) Ordinance 1372 – Klarenbeek moved, Rath seconded and all voted to approve the first reading of Ordinance 1372 – An Ordinance to Transfer Certain Properties from the Rural Service District to the Urban Service District in the City of Spearfish. Memorandum – Jacobs moved, Hodgs seconded and all voted to approve the Memorandum of Understanding with the Spearfish School District regarding School Resource Officers. Change Order – Hourigan moved, Hodgs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve Change Order #1 for the Sky Ridge Sports Complex Project with an increase of $138,361.53 and a decrease of $64,170.00, resulting in a net increase of $74,191.53 (0.76%) and a revised substantial completion date of November 11, 2022. Change Order – Rath moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve Change Order #1 for the Sky Ridge Housing Phase 2 Project with an increase of $100,140.75 and a decrease of $0, resulting in a net increase of $100,140.75 (3.28%). No time was added to this project for this change. Change Order – Hodgs moved, Jacobs seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek and Rath voting aye, motion passed to approve Change Order #2 for the Sandstone Hills Street Repair & Sanitary Sewer Upsize Project with an increase of $69,591.50 and a decrease of $60,565.00, resulting in a net increase of $9,026.50 (0.61%). No time was added to this project for this change. Bill List – Klarenbeek moved, Hourigan seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the bill list dated September 6, 2022 as follows: VENDOR DESCRIPTION AMOUNT A & B BUSINESS INC PRINTER CONTRACTS $2,636.06 AMERICAN ENGINEERING TESTI 2022 STREET REPAIRS $222.40 BAKER & TAYLOR BOOKS LIBRARY $413.43 BARDSLEY, JEFF BOOT REIMBURSEMENT $100.00 MOELLER, CHRIS ROADKILL FOR JULY $90.00 BLACK HILLS ENERGY JULY/AUGUST 2022 ELECTRICITY $48,577.80 BLACK HILLS CHEMICAL CORP GLOVES-FOAM GUN-DISINFECT-BAGS $2,399.79 BLACK HILLS PIONEER JULY ADVERTISEMENT REC CENTER $331.50 BLACK HILLS PURE INC WATER FOR HYDRO-HUDSON-FINANCE $52.50 BOMGAARS SUPPLY INC ADAPTOR-STRAP-ROPE-CLAMP-WTR HTR $2,950.74 JT VENTURES LLC 50LB XTRA COURSE SOFTNER SALT $252.00 CASH-WA DISTRIBUTING CO REC CENTER CONCESSIONS $5,558.31 CENGAGE LEARNING BOOKS LIBRARY $373.82 DG INVESTMENT INTERMEDIATE SECURITY HARDWARE TECH $3,476.01 CVD CONSTRUCTION INC DINGO RENTAL FOR WWTP $2,475.75 DAKOTA BARRICADE LLC 22 MAINLINE PAVE MARKINGS $77,357.03 DAKOTA BUS SERVICE CORP SUMMER REC TO KEYSTONE-GILLETTE $1,550.00 DC BOOTH SOCIETY INC QUARTERLY ALLOC 22 $8,750.00 DAKOTA REDI-MIX, INC SKYRDG SUB PH 2 PE 2 $656,925.58 ELKHORN RIDGE @ FRAWLEY RA JULY TAX INCREMENT $537.65 ELKHORN RIDGE AT FRAWLEY R DESIGN AND BID LIFT STATION $78,136.07 ENTENMANN-ROVIN DOME BADGES-FLAT BADGES $599.75 NEWHOUSE ENTERPRISES INC FOLDERS FOR B&D $45.02 FASTENAL CO TRUBOLT WEDGE ANCHOR $80.33 FMG INC SPF EXIT 8 AREA COMMUNITY PATH $794.00 VIEHAUSER ENTERPRISES LLC DOUBLE SIDED KEY $4.00 GTI COMPANIES INC PAVE MAINT GRN ACRES-SNDSTN SWR 6 $157,626.42 HAWKINS INC AZONE-BLEACH & ALKALI-CHLORINE $19,400.81 HDR ENGINEERING INC SEWER-STREET-SKY RIDGE-SPORTS COMP $105,528.43 HEISLER HARDWARE BRACKET-LAWN FAUCET-HOSE-BATTERY $968.91 HIGH PLAIN HERITAGE SCTY QUART ALLOC 22 $18,000.00 INTERSTATE ENGINEERING INC CAM WATERLINE-STREET PATCH-CULVRT $12,814.56 JUNEK'S SERVICE CORP BRAKE SYSTEM ON CARAVAN $2,251.20 KARL'S INC REC CENTER WASHING MACHINE $699.99 KDV INC REMOVE FIRE HYDRANT ON BEARTOO $850.00 KETEL THORSTENSON LLP AUDIT WORK $28,429.26 KEYSTONE RIDGE DESIGNS KEYSTONE RIDGE DESIGNS $1,993.86 KNECHT HOME CENTER INC FAUCET-UTILITY KNIFE-PLIER-WRENCH $884.79 LEAVITT COMMUNICATIONS, LL BATTERY PACK-CABLE-CLONING $740.00 LEXIPOL, LLC FIRE LEARNING PLATFORM $2,475.00 LUEDERS FOOD CENTER BUDGET MEETING REFRESHMENT $194.85 MAINLINE CONTRACTING INC APP 1 SCH A,B,C ELK LIFT STATION $160,650.00 MATTHEWS INTL CORP BATKA PLAQUE $239.00 MATTHEWS OPERA HOUSE QUARTLERY ALLOC 22 $12,000.00 MONTANA-DAKOTA UTILITIES 7/7 - 8/8 NATURAL GAS $9,427.00 MDU GAS SERVICE EXTEN AGR SKY RIDG $91,057.00 MEGUIRE CHEMICAL SOLUTIONS PADS, SCREENS, TACK CLOTHS $875.00 METRON-FARNIER LLC HYDRANT MATERIALS $3,436.98 MID-AMERICA GOLF AND LANDS SKY RIDGE SPORTS COMP PE13 $804,588.12 MIDCONTINENT TESTING LABS, WATER TESTING JULY W/S AND WWTP $621.00 MUNICIPAL PIPE TOOL CO. LL SEWER CIPP LINING PROJECT $151,637.58 NORTHERN HILLS VENTURES IN SEPT NETWORK MAINT&0365 LICENSE $19,884.65 NORTH STAR CONSTRUCTION AIRPORT TAXILINE-HANGAR $10,416.75 NORTHERN BALANCE & SCALE SERVICE & CALIB OF BALANCE/SCA $225.00 NSG LOGISTICS, LLC ICE SLICER STOCK $64,156.00 ONE TIME VENDORS CAMP REFUND CHECKS $325.00 ONSITE FIRST AID, LLC RESUPPLY FIRST AID $215.40 PETTY CASH PLAT MONEY REIMBURSEMENT $122.00 WEST RIVER TRANSIT AUTHORI QUARTERLY ALLOCATION 22 $11,250.00 QUIK SIGNS INC SIGNS FOR REC PATH AARP GRANT $5,677.89 ROMTEC, INC. SKY RIDGE SPORTS COMPLEX $70,750.74 RIVERSIDE TECHNOLOGIES INC DOCKING STATION 1 $229.00 S&S BUILDERS LLC SKY RIDGE PH 2 MAINT BLDING $37,747.62 SACRISON ASPHALT INC ASPHALT $892.32 SANITATION PRODUCTS-EFT VE SNOGO ATTACHMENT $198,704.00 SD ASSOCIATION OF CODE ENF CODE ENFORCE MEMBER DUES $40.00 SD DEPT OF PUBLIC SAFETY TELETYPE SERVICE 7/1-12/31 PD $3,090.00 SOUTH DAKOTA ONE CALL MESSAGE FEES JULY $212.10 SD PARKS AND RECREATION AS REGISTRATION FEES PARK EMPL $160.00 SPEARFISH ECON DEVELOPMENT QUARTERLY ALLOC 22 $17,500.00 SIMON CONTRACTORS OF SD IN CLEAN LIMESTONE $172.00 JASON NELSON LIGHTBAR-ANTENNA-MIC-FUSE $8,273.19 SPEARFISH AUTO SUPPLY PAINT MARKERS $13.83 STRUCTURAL DYNAMICS, LLC SPORTS PLEX-SKY RIDGE $1,449.25 SUPERIOR SANITATION LLC JULY RENTAL OF RESTROOMS $704.00 SYSCO FOOD SERVICES OF MT REC CENTER CONCESSIONS $529.43 T & W APPLIANCE TROUBLESHOOTING LABOR REC $103.49 TRUGREEN CHEMLAWN WEED CONTROL CITY AREAS $13,537.66 TYLER TECHNOLOGIES INC UTILITIES/PROJECT 10/22-7/23 $11,233.86 SD DEPARTMENT OF LABOR & R BENEFIT CHARGES $4,168.04 US BANK SALES TAX REV-ADMIN FEES $500.00 WALMART CAPITAL ONE COFFE FOR WWTP $545.30 WALNO, REECE LET BASIC TRAINING $1,142.12 INTEGRITY ACQUISTION LLC OIL-AIR FILTERS- BAL TIRES $1,109.64 WOELBER EXCAVATING, LLC INSTALL NEW SHUT OFF VALVE $4,081.64 ZIMMERMAN, TYLER BOOT REIMBURSEMENT $100.00 TOTAL $2,971,341.22 August 2022 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $8,553.28 1.02% $7,945.48 $607.80 1.15% City Administrator 19,860.13 2.36% 16,128.01 3,732.12 2.34% City Attorney 11,121.50 1.32% 9,190.40 1,931.10 1.33% Finance 32,764.36 3.89% 26,491.20 6,273.16 3.84% Human Resources 9,445.32 1.12% 7,732.80 1,712.52 1.12% Gov't Bldgs 16,234.72 1.93% 12,577.67 3,657.05 1.82% Engineering 28,510.67 3.39% 23,128.85 5,381.82 3.35% Public Safety Admin 24,175.36 2.87% 19,274.08 4,901.28 2.79% Police 136,250.49 16.19% 106,608.83 29,641.66 15.45% Fire 14,020.16 1.67% 12,309.80 1,710.36 1.78% Bldg Inspection 21,402.33 2.54% 17,009.61 4,392.72 2.47% Streets & Snow 54,431.20 6.47% 44,054.44 10,376.76 6.39% Cemetery 13,381.09 1.59% 11,590.41 1,790.68 1.68% Animal Control 4,221.52 0.50% 3,100.80 1,120.72 0.45% Recreation/Aquatic 122,689.70 14.58% 109,345.60 13,344.10 15.85% Parks 53,681.14 6.38% 45,027.00 8,654.14 6.53% Library 31,179.82 3.70% 25,025.27 6,154.55 3.63% Plan & Zone 15,158.44 1.80% 13,103.64 2,054.80 1.90% Motor Pool 16,573.50 1.97% 13,978.08 2,595.42 2.03% Wildland Fire 27,248.07 3.24% 23,561.30 3,686.77 3.42% Police Comm 38,060.81 4.52% 28,466.33 9,594.48 4.13% SAFER Grant 7,476.68 0.89% 5,692.06 1,784.62 0.83% Water 22,653.73 2.69% 17,918.69 4,735.04 2.60% Electric Production 17,612.29 2.09% 14,225.25 3,387.04 2.06% Sewer 21,232.12 2.52% 16,826.84 4,405.28 2.44% WWTP 34,460.45 4.09% 27,761.35 6,699.10 4.02% Solid Waste 25,901.55 3.08% 20,197.02 5,704.53 2.93% Campground 13,291.94 1.58% 11,551.26 1,740.68 1.67% Totals $841,592.37 100.00% $689,822.07 $151,770.30 100.00% Banking Fees July 27.01 Credit Card Fees July $12,826.60 Grand Total $854,418.97 Public Works Director Broyles noted a public meeting will be scheduled for an update the Sandstone Hills Street Repair & Sanitary Sewer Upsize Project. Notices will be posted by the end of this week on the date, time, and location of the meeting. Assistant Public Works Director McMahon noted parts for the Young Well are available so crews will begin working on the repair. The repair should be completed by end of September. Added or Adjusted Salaries CDL Employee Name Position Wage Stipend Effective Date Tisdall, Lorna Group Fitness Instructor- part-time $17.56 8/15/2022 Eddy, Travis Wildland Engine Boss/Firefighter $27.39 $3.00 8/15/2022 Walters, Trenton Project Engineer $44.88 8/29/2022 Reiling, Robert Floodplain Administrator $33.37 8/29/2022 Broyles, Nick Public Works Director $50.77 8/21/2022 Eddie, Jim Parks Maintenance & Forestry Technician $21.93 $3.00 10/17/2022 There being no further business, Hourigan moved, Rath seconded and all voted to adjourn at 6:15 p.m. Dated this 6th day of September, 2022. CITY OF SPEARFISH By:_________________________________ John Senden, Mayor Attest: ___________________________________ Michelle DeNeui, Finance Officer Published once at the approximate cost of _____.