City Council

Spearfish City Council Regular Session Minutes November 6, 2023 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, November 6, 2023. 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, Public Safety Director Rotert, Parks and Recreation Director Ehnes, Planning Director Kapsa, Assistant Finance Officer Tyler, Assistant Public Works Director McMahon, and Assistant Chief of Police Dean. All stood and recited the pledge of allegiance. Clark moved, Hourigan seconded, and all voted to amend the agenda to identify item 8A as two action items. Jacobs moved, Klarenbeek seconded, and all voted to approve the agenda as amended. No potential conflicts of interest were noted. Public Comment – At 5:32 p.m. a time for public comment was opened. Comments were received from resident Greg Moselle regarding elected officials’ voting authority and the Sky Ridge workforce housing project. No further comments were received and the time for public comment was closed at 5:37 p.m. Consent Agenda – Clark moved, Rath seconded, and all voted to approve the consent agenda as follows: A. Approve the minutes of the City Council regular session dated October 16, 2023. B. Add Yon Chough to the library volunteer list. C. Add Anthony Masiero to the volunteer firefighter list. Police Wages – Following discussions, Hourigan moved, Rath seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to move the starting wage for sworn police officers to Grade 17, step 5, and currently-employed sworn police officers a proportionate percentage, effective 10/29/2023. Shift Stipend – Clark moved, Hodgs seconded, and all voted to discontinue the current $2.00/hr stipend for police officers, effective 10/29/2023. Housing Allowance – Following discussions, Rath moved, Jacobs seconded, and with Clark, Hodgs, Hourigan, Jacobs, and Rath voting aye, Klarenbeek voting nay, motion passed to approve a housing allowance for sworn police officers hired after October 29, 2023 of $500 per month for a maximum of 8 months per officer. Ordinance 1386 – Klarenbeek moved, Hourigan seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the second reading of Ordinance 1386 – An Ordinance to Correct and Certify the Property Tax Levy to Lawrence County. Cannabis Dispensary License – A public hearing to consider an application from Spencer Montgomery with GLP Spearfish, LLC dba Greenlight to renew the cannabis dispensary license located at 320 S. 26th Street was opened at 6:08 p.m. No oral or written comments were received, and the hearing was closed. Hodgs moved, Jacobs seconded, and all voted to approve the renewal of the cannabis dispensary license. License – A public hearing to consider an application from Sabrina Heredia with Antunez for a special on-sale wine license for Friends of Music – Speakeasy Fundraising Mixer on November 11, 2023, from 4:00 p.m. to 6:00 p.m. at the Joy Center was opened at 6:09 p.m. No oral or written comments were received, and the hearing was closed. Clark moved, Rath seconded, and all voted to approve the license. Licenses – Clark moved, Rath seconded, and all voted to approve the following 2024 liquor and wine license renewals: 1 A Perfect 10 Nail & Beauty Bar Retail Wine 2 Antunez/Dakota Food Gypsies Retail Wine 3 Applebees Retail Liquor 4 B&B Lounge & Back Porch Retail Liquor 5 Best Western BH Lodge Retail Wine 6 The Clubhouse of Spearfish Retail Wine 7 Double Barrell Liquor & Casino Retail Wine 8 Dough Trader Pizza Co Retail Wine 9 Elkhorn Ridge Golf Course Retail Wine 10 Elkhorn Ridge RV Park & Campground Retail Liquor & Retail Wine 11 Elkhorn Ridge Travel Center Package Liquor 12 Exit 8 Phillips 66 Package Liquor 13 False Bottom Bar Retail Liquor 14 Family Dollar Store Retail Wine 15 The Farmhouse Restaurant Liquor 16 Fuji Sushi Bar & Grill Retail Wine 17 Golden Dragon Restaurant Retail Wine 18 Good Earth Natural Foods Retail Wine 19 Grant Street Liquor Package Liquor & Retail Wine 20 Happy Jacks Retail Wine 21 Holiday Inn Convention Center Liquor 22 K-Nails & Beauty Bar Retail Wine 23 Killians Tavern Retail Liquor 24 Lueders Food Center Retail Wine 25 Matthews Opera House Retail Wine 26 Nonna's Kitchen Restaurant Liquor 27 Party Time Liquor Package Liquor 28 Piranha Salon Retail Wine 29 Public House Retail Liquor 30 Pure Bean Retail Wine  31 Queen City Liquor Package Liquor 32 Queen City VFW Retail Liquor 33 Redwater Kitchen Restaurant Liquor 34 Safeway Store Package Liquor 35 Sawyer Brewing Retail Wine 36 Scoreboard Lounge Retail Liquor 37 Sodexo America at BHSU Retail Wine 38 Spearfish Brewing Co. Retail Wine 39 Spearfish Canyon Country Club Retail Liquor 40 Spearfish Sasquatch Baseball Club Retail Wine 41 Speedy Mart Package Liquor 42 Stadium Sports Grill Retail Liquor 43 Steerfish Steak & Smoke Retail Liquor 44 Sunshine Saloon Retail Wine 45 Triple 7 Casino Retail Wine 46 Walgreens Retail Wine 47 Wal-Mart Supercenter Package Liquor 48 Winnie's Retail Wine 49 Yesway Package Liquor Change Order – Clark moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve Change Order #2 for the Sky Ridge Sportsplex Phase 2 Project for an increase of $1,212.00. Agreement – Hodgs moved, Jacobs seconded, and all voted to approve the Sponsorship Sales and Service Representation Agreement with Insitgo LLC. Proposal – Hourigan moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve Interstate Engineering’s proposal for engineering services (to include review of sewer main camera footage and prepare design documents to line existing clay sewer pipe) for the 2024 CIPP Project at an estimated cost of $29,500. Award Bids – Klarenbeek moved, Hourigan seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to award the lowest responsive and responsible bid for the 2024 Snow Removal (Jan 1- Jun 30) Projects to: 1) AusCar X, LLC for Zone B (Rec Center) 2) Bobcat Gulch, LLC for Zone C (Mountain Shadows) Change Order – Klarenbeek moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the final, under/over Change Order #1 for the 2023 Mainline Pavement Marking Project, with a net decrease of $15,361.25 (-14.42%) and approve the Certificate of Final Completion and Acceptance; there is no warranty period for this project. Change Order – Rath moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve Change Order #2 for the North Avenue Street Repair Project with an increase in contract price of $78,095.57 (+4.25%), an additional 30 days added to the contract time for construction in the fall of 2023, and a continuation period of 5 additional days added to the contract time for construction in the spring of 2024; adjusting the final completion date to be June 15, 2024. Proposal – Hourigan moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve Dakota Pump proposal for the replacement of the Programmable Logic Controller (PLC) and the Supervisory Control and Data Acquisition (SCADA) system for the Hydro Electric Plant at a cost of $100,729.77. Proposal – Klarenbeek moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the HDR proposal for the Hydroelectric System Condition Assessment at a cost not to exceed $198,146.00. Resolution 2023-36 – Rath moved, Jacobs seconded, and all voted to Approve Resolution 2023-36 as follows: RESOLUTION NO. 2023-36 A RESOLUTION TO ACCEPT OR TRANSFER DEDICATION AND RESPONSIBILITY FOR MAINTENANCE OF CERTAIN ROADS: WHEREAS, Lawrence County, South Dakota (County) desires to dedicate certain highway rights-of- way to the City of Spearfish, South Dakota (City), and the City has agreed to accept said dedication for future use, maintenance, repair, and jurisdiction; and, WHEREAS, the highway rights-of-way subject to the dedication are described below and further illustrated in Exhibits A through C: Hillsview Road approximately 0.677 miles (Exhibit A) Starting at the intersection of Hillsview Road and College Lane then west approximately 0.677 miles to the east right of way line of McGuigan Road in Section 9, T.6N., R.2E., B.H.M. Hill Street approximately 0.286 miles (Exhibit B) Starting at the northeast corner of Section 16, T.6N., R.2E., B.H.M., then heading east approximately 0.055 miles to the intersection of St. Joe Street. Starting at the northeast corner of Section 16, T.6N., R.2E., B.H.M., then heading west approximately 0.231 miles to the east right of way line of Jonas Boulevard. Saint Onge Road approximately 1.172 (Exhibit C) Starting at the intersection of US 85 and Saint Onge Road, approximately 1,998 feet east of the northeast corner of Section 22, T6N, R3E, then east and north approximately 1.172 miles to Spearfish city limits located at the northeast corner of Section 15, T6N, R3E. WHEREAS, City desires to dedicate certain highway rights-of-way to County and the County has agreed to accept said dedication for future use, maintenance, repair, and jurisdiction; and, WHEREAS, the highway rights-of-way subject to the dedication are described below and further illustrated in Exhibits D through E: Industrial Drive approximately 0.727 miles (Exhibit D) Starting at the intersection of Industrial Drive and North 27th Street located approximately 1,207 feet south and 491 feet east of the W1/4 corner of Section 7, T.6N., R.3 E., B.H.M. then southeast approximately 0.727 miles to the transitions from gravel surface to asphalt surface located 303 feet south and 951 feet east of the interior ¼ corner of Section 7, T6N, R3E. 27th Street approximately 0.83 miles – Gravel from Industrial to Windmill (Exhibit E) Starting at the intersection of Industrial Drive and North 27th Street located approximately 1,207 feet south 491feet east of the west ¼ of Section 7, T.6N., R.3E. B.H.M. then southwest approximately 0.83 miles to the intersection of Windmill Drive located 843 feet north and 1,331feet west of the east ¼ corner of Section 13, T6N, R2 E. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that the City of Spearfish does hereby accept the Dedication of Roads and authorizes the Mayor to sign the Acceptance of Dedication at such time. Dated this 6th day of November, 2023. CITY OF SPEARFISH __________________________ (SEAL) John Senden, Mayor Attest: Michelle De Neui, Finance Officer Adopted: November 6, 2023 Published: November 10, 2023 Effective: November 30, 2023. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Amendment Proposal – Hodgs moved, Jacobs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve HDR Engineering’s amendment proposal for the Sandstone Hills Street Repair and Sewer Upsize Project which increases HDR's engineering services, at a cost not to exceed $52,128.00. Amendment Proposal – Hourigan moved, Hodgs seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve KLJ Engineering’s amendment proposal for the Green Acres Street Improvements Project which increases KLJ's Construction Administration services, at a cost of $36,000.00. Change Order – Hourigan moved, Rath seconded, and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the final, under/over Change Order #1 for the 2022 Crack Sealing Project, with a net increase of $22,896.16 (+15.87%) and adjust the final completion date to October 13, 2023, and approve the Certificate of Final Completion and Acceptance; there is no warranty period for this project. Bill List – Clark moved, Rath seconded and with Clark, Hodgs, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the bill list dated November 6, 2023, as follows: VENDOR NAME DESCRIPTION AMOUNT ADVOCATES FOR HEALTH AED SMART MONITORING 1 YEAR $6,000.00 AINSWORTH-BENNING INC N AVE STRT RPR PE 4 $970,243.29 AINSWORTH-BENNING INC SKYRIDGE PHASE IIAB PE 4 $299,325.88 ALLSTATE PETERBILT CO CORE RETURN $942.38 AMAZON CAPITAL SERVICES GRILLS-HAMMOCKS-OFF SUPPLIES-GUIDES $7,789.49 AMERICAN ENGINEERING TESTI SPF STREET REPAIR-NORTH AVE & MTNSHDWS $4,592.60 BAKER & TAYLOR BOOKS FOR LIBRARY $1,770.17 BECK'S NURSERY CORP ROLL OF FABRIC $288.00 BEST WESTERN RAMKOTA HOTEL FO TO STAY FOR SDML IN RAPID $320.97 BLACK HILLS ENERGY SEPT/OCT 2023 $33,017.14 BIERSCHBACH REBAR -EPOXY COATED-FLOCCULENT TRTMNT $3,104.00 BLACK HILLS CHEMICAL CORP CLEANING SUPPLIES-VAC BAGS-TRASH BAGS $2,938.17 BLACK HILLS PIONEER ADVERTISE FOR PAINT GRANT $11.65 BLACK HILLS PURE INC WATER FOR CITY BUILDINGS $32.92 BOMGAARS SUPPLY INC BUCKET-BULK BOLTS-SPRAYER-WRENCHIMPACT $3,372.68 BORDER STATES INDUSTRIES I ELECTRICAL SUPPLIES WWTP $328.78 BUILDERS FIRSTSOURCE INC PSA DISC 5" 100 GRIT $3.69 BUTLER CAT- EFT ONLY SKID STEER LOADER $54,902.44 BYWATER SOLUTIONS, LLC MAINTENANCE NOVEMBER 24 LIBRAR $470.00 CENGAGE LEARNING BOOKS FOR LIBRARY $322.88 TRITECH SOFTWARE SYSTEMS POLICE DEPT RECORDS PROGRAM $59,391.70 CLARK PRINTING CORP WINDOW ENVELOPES $1,581.45 CUSTOM FIRE APPARATUS INC AMBER TURN LIGHT $195.48 COLLEGE WELL FLOURIDE SIGNAL-HYDRO DAKOTA PUMP INC RADIOS $1,867.18 DEAN, BOYD LECC CONF REIMBURSE $120.00 DEMCO INC INDIE SINGLE SEAT CHAIRS FOR LIBRARY $4,793.13 DIVISION OF MOTOR VEHICLES TITLE REG VIN 131166 $26.70 DAKOTA REDI-MIX, INC SKY RIDGE PH 2 PE 11 $233,550.77 EHNES,TYLER SDPRA CONFERENCE REIMBURSE $34.00 ELKHORN RIDGE @ FRAWLEY RA SEPT 23 TAX INCREMENT $10,563.38 FMG INC EXIT 8 AREA COMMUNITY $1,088.00 FORTIN TRUCKING & EXCAVATI MOBILZATION OF DOZER X2 $900.00 VIEHAUSER ENTERPRISES LLC SKY RIDGE SPORTS COMPLEX $318.00 GREAT WESTERN TIRE INC TIRES- GRADER-PICK UPS-MOUNT-TIRE REPAIR $24,608.13 GTI COMPANIES INC 22 PAVEMENT MAINT GREEN ACRES $156,834.17 GUNDERSON TRUCKING INC TRANSPORT #2 TO GILLETTE X 3 $4,424.00 HAWKINS INC AQUA HAWK WWTP $10,596.04 HDR ENGINEERING INC SKY RIDGE SUB PHASE 2 -SPORTS COMPLEX $46,436.25 HEISLER HARDWARE TAPE-WASHER-STAIN REMOVER-LIGHTS-VALVES $1,429.49 HIGHWAY IMPROVEMENT INC 2023 CRACK SEALING $213,829.20 HUSKER PROPERTIES LLC FUEL $34.97 INTERSTATE ENGINEERING INC MTN SHDWS APP 4 $60,902.91 JOHNER PAVING ASPHALT $2,503.27 KNECHT HOME CENTER INC CABLE-SANDER-PAINT SUPPLIES-BULBS-PLIER $2,287.81 LAPRADE CONSTRUCTION DBA Z TRETHEWAY PAVILION ROOF $80,000.00 LOWE ROOFING INC FIRE STATION ROOF REPLACEMENT $81,175.00 MAINLINE CONTRACTING INC ELKRIDGE RIDGE LIFT SCH A PE14 $383,686.20 MATHIS, JODI SDML TRAVEL TO CONFERENCE $47.94 MATTHEWS INTL CORP PLAQUE-GOLLIHER $187.00 MCD CONSTRUCTION SERVICES HERITAGE DRIVE FIRE HALL $7,721.21 MCDONALD, ASHLEY SDML CONF TRVL REIMBURSE $97.92 MONTANA-DAKOTA UTILITIES USAGE 9/7/23-10/6/23 $1,923.08 MIDCONTINENT TESTING LABS, SAMPLE TESTING WWTP $34.00 PATTLEN ENTERPRISES INC DB COMMANDER RCVR LOGIC PLUS-SENTINEL SYST $10,069.00 MOODY'S INVESTORS SERVICE PROFESSIONAL SERVICES $500.00 NELSON, AUSTIN REIMBURSEMENT FOR TRVL $453.20 NORTHERN HILLS VENTURES IN WORKSTATIONS-NTWRK 0365 LICENSE $21,857.97 OPENGOV, INC CLOUD GOVERNMENT SOFTWARE $32,431.00 PETE LIEN & SONS INC FLOWFILL WWTP X 4 $2,726.00 PETTY CASH REIMB PETTY CASH $240.06 SCHREINER ENTERPRISES, INC CEMETERY CARDS $252.00 QUADIENT FINANCE USA, INC POSTAGE USED 9/7-10/18 $1,000.00 QUIK SIGNS INC COPIES FOR FIRE DEPT-PARKS DEPT MATERIALS $348.42 REED, THERESA DAWN CLEAN DOWNTOWN RESTROOMS OCT $465.00 RICK SHINABARGER BOOT REIMBURSEMENT $100.00 ROCKINGTREE FLORAL/GARDEN REPAIR LIGHTING AT ROUNDABOUT $3,324.61 RYEDOODLE BOARDING & TRAIN BOARD K9 DAVOS $290.00 SACRISON ASPHALT INC ASPHALT $2,091.20 SOUTH DAKOTA ONE CALL MESSAGE FEES FOR SEPT 2023 $233.10 SD STATE TREASURER-UCP UNCASHED UTILITY REFUNDS $940.33 SDML SDML ANNUAL CONF REG-FARLAND $125.00 SENDEN, JOHN REIMBURSE TRAVEL EXPENSES $111.69 SHIVE-HATTERY, INC FRAWLEY POND DREDGING $42,300.00 SMITH, COLLIN LEADERSHIP TRAINING $34.00 SOUTH DAKOTA NEWSPAPER SER NOTICE:WR ENHANCEMENT $78.14 CODY GREEN, SPEARFISH TREE REMOVE TREE CAMPGROUND $1,600.00 SUPERIOR PRINTING INC. DEPOSIT SLIP BOOKS $143.13 SUPERIOR SANITATION LLC SEPTEMBER RENTALS $576.00 TRAFFIC SERVICES CO LLC 2023 MAINLINE PAVEMENT MARKING $25,067.50 TTG ENTERPRISES INC HEATER REPLACEMENT WWTP $302.00 US BANK 2015 REC CENTER BOND $325,381.25 US BANK SKY RIDGE PMNT 6 $500,382.50 US BANK GLOBAL CORP TRUST 2022 SKY RIDGE BOND PMNT 4 $381,900.00 US BANK NATIONAL ASSOCIATI 2014 SRF CLN WTR GOLIHER TANK $91,072.41 CITY OF SPEARFISH CITY OF SPEARFISH UTILITIES $15,191.50 VINTON, BRIAN LECC CONF REIMB $497.80 VISIT SPEARFISH INC BID BOARD ALLOCATION $26,832.00 WATER SYSTEM DRILLING, INC PUMP ON VIGNA WELL REPAIR $96,625.94 WELLS PLUMBING CORP BRASS BELL REDUCER-HOSE $134.22 WHEELER LUMBER LLC FIR-CONSTRUCTION LAG SCR $1,454.50 INTEGRITY ACQUISITION LLC RELAY FOR VEHICLE $69.33 WHITE'S QUEEN CITY MOTORS FD COMMAND VEHICLE-GRILLE GUARD-LIGHTS $50,931.22 WOODS, CHRISTOPHER D LECC CONF REIMB $100.00 ZANDSTRA CONSTRUCTION WDLND RD CUL AP 1 REPLACEMENT $296,521.00 Total $4,717,718.53 October 2023 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $8,981.00 1.06% $8,342.72 $638.28 1.24% City Administrator 21,144.91 2.50% 17,009.06 4,135.85 2.52% City Attorney 11,663.02 1.38% 9,656.00 2,007.02 1.43% Finance 28,036.97 3.32% 22,864.01 5,172.96 3.39% Human Resources 9,907.46 1.17% 8,123.20 1,784.26 1.21% Gov't Buildings 18,670.08 2.21% 14,600.05 4,070.03 2.17% Engineering 37,056.38 4.39% 29,858.64 7,197.74 4.43% Public Safety Admin 25,857.77 3.06% 20,393.08 5,464.69 3.03%  Police 153,370.29 18.16% 121,991.19 31,379.10 18.10% Fire 19,898.75 2.36% 13,252.80 6,645.95 1.97% Bldg Inspection 24,387.10 2.89% 19,017.60 5,369.50 2.82% Streets & Snow 88,023.76 10.42% 70,609.05 17,414.71 10.48% Cemetery 1,313.33 0.16% 1,220.00 93.33 0.18% Animal Control 4,620.67 0.55% 3,265.25 1,355.42 0.48% Recreation/Aquatic 55,559.81 6.58% 45,345.42 10,214.39 6.73% Parks 59,391.93 7.03% 47,851.01 11,540.92 7.10% Library 34,277.36 4.06% 27,537.29 6,740.07 4.09% Plan & Zone 21,664.61 2.56% 17,618.23 4,046.38 2.61% Motor Pool 22,492.01 2.66% 17,183.55 5,308.46 2.55% Wildland Fire 15,290.52 1.81% 12,828.08 2,462.44 1.90% Police Comm 47,233.42 5.59% 36,676.26 10,557.16 5.44% Water 24,550.26 2.91% 19,527.61 5,022.65 2.90% Electric Production 16,851.31 1.99% 13,315.55 3,535.76 1.98% Sewer 23,310.62 2.76% 18,566.71 4,743.91 2.75% WWTP 37,200.82 4.40% 29,937.28 7,263.54 4.44% Solid Waste 26,068.75 3.09% 20,662.74 5,406.01 3.07% Campground 7,896.65 0.93% 6,747.10 1,149.55 1.00% Totals $844,719.56 100.00% $673,999.48 $170,720.08 100.00% Banking Fees September 96.39 Credit Card Fees September $17,216.58 Grand Total $861,936.14 Added or Adjusted Wages: Employee Position Wage Stipend Effective Date Katie Kindsfater Communications Officer - pt $21.39 $2.00 10/23/2023 Caleb Frerer Police Officer $30.23 $2.00 11/6/2023 Darryl Buff Solid Waste Operator $21.93 $3.00 10/30/2023 There being no further business, Clark moved, Hourigan seconded, and all voted to adjourn at 6:32 p.m. Dated this 6th day of November 2023. Attest: By:__________________________ John Senden, Mayor ________________________________ Michelle DeNeui, City Finance Officer Published once at the approximate cost of _____.