City Council

Spearfish City Council Regular Session Minutes August 5, 2024 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, August 5, 2024. Mayor Senden was present and called the meeting to order. Roll call was taken with the following members present: Hafner, Jacobs, Klarenbeek, and Rath. Absent: Clark and Hourigan. Also present: Finance Officer DeNeui, Public Safety Director Rotert, Public Works Director McMahon, Planning Director Koelbel, Parks and Recreation Director Ehnes, and City Engineer Mathis. All stood and recited the pledge of allegiance. Agenda – Jacobs moved, Rath seconded, and all voted to approve the agenda as presented. No potential conflicts of interest were noted. Public Comment – At 5:31 p.m. a time for public comment was opened. Resident John Dale read a poem. No additional comments were received and the time for public comment was closed at 5:33 p.m. Consent Agenda – Rath moved, Hafner seconded, and all voted aye to approve the consent agenda as follows: A. Approve the minutes of the July 15, 25, and 26 2024, City Council meetings. Other Items Employment Contract – Klarenbeek moved, Jacobs seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the Employment Contract with Robert Falcon for the City Administrator position. Purchase Option – Following discussions, Klarenbeek moved, Rath seconded, and all voted to require development parcel(s) to purchase 50 percent of the total calculated Elkhorn Sewer Allocation needed for all development phases at time of annexation or rezoning approval of the property. The buyer will still be encouraged to purchase the total allotment calculated for the entire development as future purchases will be dependent upon availability. Variance – Jacobs moved, Rath seconded, and all voted to grant a variance from codified ordinances section 151.47(F), requirement to prepare, submit, and have approved a letter of map change to Federal Emergency Management Agency (FEMA) for the Dakota Sunshine Subdivision Development, as outlined in section 151.30(E), conditions for variances. Resolution 2024-15 – Hafner moved, Jacobs seconded, and all voted to approve Resolution 2024- 15 as follows: RESOLUTION 2024-15 A RESOLUTION IN OPPOSITION TO INITIATED MEASURE 28 WHEREAS Initiated Measure 28 was certified for the November 2024 General Election Ballot by the South Dakota Secretary of State; WHEREAS Initiated Measure 28, if passed, would remove state, municipal and tribal taxes on all items sold for human consumption except alcohol and prepared food; WHEREAS “human consumption” is undefined in South Dakota Codified Law or the South Dakota Constitution. Black’s Law Dictionary defines “consumption” as “the act of destroying a thing by using it; the use of a thing in a way that exhausts it.”; WHEREAS South Dakota Codified Law 34-45-1(7) defines tobacco products as “any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 34-46-20.”; WHEREAS South Dakota Codified Law 10-52-2 allows incorporated municipalities to impose a tax on the sale, use, storage and consumption of items that conform in all respects to the state tax on such items up to two percent; WHEREAS Initiated Measure 28 is in direct conflict with existing state law and the Attorney General’s explanation of the measure states legislative or judicial clarification would be needed if the measure passes; WHEREAS The City of Spearfish levies a two-percent sales tax and collected $12,053,124 in the 2023 fiscal year and $6,740,785 year-to-date in the 2024 fiscal year; WHEREAS The City of Spearfish estimates annual lost revenue of $1,500,000 unless Initiated Measure 28 is rejected by voters in South Dakota; NOW, THEREFORE, BE IT RESOLVED, by the City of Spearfish, that Initiated Measure 28 would negatively impact our community and its residents. Dated this 5th day of August, 2024. CITY OF SPEARFISH (Seal) By: _________________________ John Senden, Mayor ATTEST: __________________________________ Michelle DeNeui, Finance Officer Adopted: August 5, 2024 Published: August 10, 2024 Effective: August 30, 2024 Resolution 2024-13 – Klarenbeek moved, Jacobs seconded, and all voted to approve Resolution 2024-13 as follows: RESOLUTION 2024-13 A RESOLUTION LEVYING AN ANNUAL SPECIAL MAINTENANCE FEE FOR STREET SURFACES WHEREAS, SDCL § 9-43-138 authorizes the City of Spearfish to levy, for the purpose of maintaining or repairing public improvements, an Annual Special Maintenance Fee upon the lots fronting and abutting any municipally-maintained public improvements within the City of Spearfish; and WHEREAS, well-maintained public streets are necessary for the health, safety, and welfare of the citizens of the City of Spearfish; and WHEREAS, the Common Council of the City of Spearfish has determined that it is in the best interests of the City of Spearfish and its citizens to regularly inspect, maintain, and resurface its public streets and not permit Spearfish’s infrastructure to deteriorate to the point of failure; and WHEREAS, the City of Spearfish determines it equitable and fair for all citizens to share in the cost of maintaining all public infrastructure; and NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish, Lawrence County, South Dakota, that all taxable real property parcels fronting and abutting a city street shall be assessed a special maintenance fee of one dollar and twenty-five cents ($1.25) per foot; and BE IT FURTHER RESOLVED that no taxable real property parcel fronting and abutting a city street shall be assessed more than one hundred and twenty-five dollars ($125.00), annually per platted lot; and BE IT FURTHER RESOLVED that the Finance Officer of the City of Spearfish, Lawrence County, South Dakota, is directed to implement a Special Street Maintenance Fee to the general assessment and regular assessment, and to certify that assessment to the Lawrence County Auditor to be collected as municipal taxes for purposes of repairing and maintaining public infrastructure. BE IT FURTHER RESOLVED that this Special Street Maintenance Fee is effective for 2025 taxes payable in 2026. Dated this 5th day of August, 2024. CITY OF SPEARFISH (Seal) By: _________________________ John Senden, Mayor ATTEST: __________________________________ Michelle DeNeui, Finance Officer Adopted: August 5, 2024 Published: August 10, 2024 Effective: August 30, 2024 Sponsorship – Klarenbeek moved, Rath seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve a $500 sponsorship for the Tretheway Pavilion rental for the Spearfish Chamber of Commerce’s State of the Community event. Sponsorship Agreement – Jacobs moved, Rath seconded, and all voted to approve the Sponsorship Agreement with Black Hills Physical Therapy for the sponsorship of the soccer concession picnic shelter for $10,000 over ten years. Water Service Agreement – Rath moved, Jacobs seconded, and all voted to approve the Water Service Agreement with Barry Wood for property outside city limits generally northwest of the intersection of McGuigan Road and Oliver Street. Agreement – Klarenbeek moved, Jacobs seconded, and all voted to approve the updated Spearfish Strategic Housing Trust Fund Operating Agreement. Bid Award – Jacobs moved, Hafner seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to award the lowest responsive and responsible bid for the East Colorado Blvd Roadway Improvement project to Dakota Redi Mix at a total amount of $3,408,864.28 to include base bid plus alternates A and B. Proposal – Jacobs moved, Hafner seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve FMG Engineering’s proposal for engineering services to include design of drainage channel south of Yellowstone Place and Spearfish Creek bank stabilization north of Jorgensen Park for a total of $65,605. Resolution 2024-14 – Jacobs moved, Rath seconded, and all voted to approve Resolution 2024-14 as follows: RESOLUTION 2024-14 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WHEREAS, SDCL § 9-12-5.1 authorizes the City of Spearfish to lease municipally owned property to a government agency, and WHEREAS, the Common Council of the City of Spearfish intends to enter into a seat base land lease agreement with State of South Dakota Department of Public Safety Wildland Fire Division to lease Black Hills Airport grounds located in Lawrence County consisting of approximately 5,000 square feet, more or less, 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 August 19, 2024. Dated this 5th day of August, 2024. CITY OF SPEARFISH (Seal) By: ____________________________ John Senden, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: August 5, 2024 Published: August 10, 2024 Effective: August 30, 2024 Authorize Project – Hafner moved, Jacobs seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to authorize the Hill Street Waterline Project for an estimated $85,000, a supplement will be needed. Authorize Project – Rath moved, Jacobs seconded, and with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to authorize a project to lower, enlarge and encase a water line that will be impacted by a flood mitigation project planned to be constructed by Black Hills State University, at an estimated cost of $200,000, a supplement will be needed. Lease Agreement – A public hearing to consider a Hay Lease Agreement with Stacy Moke for 70 acres of ground at the Wastewater Treatment Plant for a term of five-years, effective June 17, 2024, was opened at 6:19 p.m. and closed with no comments being received. Jacobs moved, Rath seconded, and all voted to approve the Hay Lease Agreement with Stacy Moke. Bill List – Klarenbeek moved, Raths seconded, with Hafner, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the bill list dated August 5, 2024: VENDOR NAME DESCRIPTION AMOUNT 7TH CAVALRY D&B CORPS 4TH OF JULY PARADE $300.00 ABBY DUNKLEY KRUM JUNE YOGA 2024 $67.50 ALLSTATE PETERBILT CO SEAL AND SPACER -WHEEL SENSOR $510.23 AMAZON CAPITAL SERVICES WATER PUMP-FAN-BOOKS-CABLES $2,592.92 AMERICAN ENGINEERING TESTI STREET REPAIR-CO BLVD STREET RPR $15,413.60 ASSOCIATED SUPPLY CO INC PLASTIC VALVES-CONTROLLER WTRPRK $26,172.50 BAKER & TAYLOR BOOKS FOR LIBRARY $1,597.60 BECK'S NURSERY CORP SOIL PREP $95.88 BEE WELL CONCESSIONS FOR REC CENTER $192.00 BELLE FOURCHE LANDFILL LANDFILL JUNE 2024 $31,101.17 BLACK HILLS ENERGY JUNE/JULY 2024 ELECTRICTY $40,793.76 BLACK HILLS CHEMICAL CORP CLEANING SUPPLIES-TP-GARBAGE BAGS $4,314.02 BOMGAARS SUPPLY INC HOSES-HITCH-SPRAYER-GUN-STRAP $1,899.21 BUTTE ELECTRIC COOPERATIVE AID TO CONST/LINE BIKE PATH $58,849.31 CARON, SARAH BRING YOUR OWN DEVICE REIMB $41.91 AINSWORTH AUTO PARTS LLC OIL SEAL $38.52 CASH-WA DISTRIBUTING CO WATER PARK CONCESSIONS $6,528.14 CONSOLIDATED ELECTRICAL DI WIRE STRIPPER-CONDUIT-BUSHINGS $481.76 CENGAGE LEARNING BOOKS FOR LIBRARY $292.74 CLAUSER MACHINE WORKS MOWER SHAFT WORK $127.50 CONTRACTOR'S SUPPLY INC VESTS-SCREED 10' $370.00 DG INVESTMENT INTERMEDIATE PD SECURITY HARDWARE TECH $529.71 CREEKSIDE DEVELOPMENT LLLP JUNE 2024 TAX INCREMENT $6,737.07 DAKOTA BUS SERVICE CORP SUMMER REC FIELD TRIPS X3 $1,950.00 DAKOTA PUMP INC VIGNA WELL HANS lFT-PROGRAMMING $1,307.40 DGR ENGINEERING CIPP SPECIFICATION $2,540.00 DRAPEAUX, AUSTIN NATIONAL SCHOOL SAFETY CONF $572.20 DAKOTA REDI-MIX, INC CO BLVD SWR UPSIZE PE 7 $282,325.16 EDDIE'S TRUCK CENTER INC SENDER/SENSOR FLUID LEVEL $51.25 ELKHORN RIDGE @ FRAWLEY RA 2024 JUNE TAX $6,737.07 FERC HYDRO PLANT ANNUAL CHARGES $5,409.04 SEON SYSTEMS SALES INC TRASH PROGRAM SERVICE FEES $3,234.72 BDG INC SWIVEL PACKING KIT- HOSE REEL $3,584.15 GRASS & GRIT LLC HERITAGE PARK PG AND SPLASH $33,046.62 VIEHAUSER ENTERPRISES LLC RE KEY-KEYS FOR CITY BUILDINGS $4,302.00 GOULD, DONALD F ARM REST REPAIR $30.00 GREAT NORTHERN ENVIROMENTA MAGNA ROTOR WWTP $61,446.00 GREAT WESTERN TIRE INC TIRES AND TIRE REPAIRS $1,589.58 GRIMMS PUMP SERVICE PUMP FOR RSVP FOUNTAIN-MONITOR $1,251.38 HAWKINS INC WATER PARK CHEMICALS-AQUAHAWK $23,051.34 HDR ENGINEERING INC SKY RIDGE-WWTP FENCE-SWR PHS 1,2,3 $55,651.20 HEISLER HARDWARE PVC PIPE-ROLLER FRAME-SANDPAPER $788.47 HORSE CREEK LUMBER FIREWOOD FOR CAMPGROUND $666.00 SAMSON ONI SPONSORSHIP SALES AGENT $7,479.75 JACKSON, TRISTYN JUNE 2024-FITNESS $75.00 JI TOOLS RADIATOR HOSE PICK SET $130.00 JOHNER PAVING ASPHALT $1,349.25 KETEL THORSTENSON LLP PROGRESS BILL AUDIT 2023 $13,040.78 KEYSTONE RIDGE DESIGNS BENCHES FOR BANDSHELL $11,126.90 KNECHT HOME CENTER INC WOOD-BROOM-SPLICE KIT-SAW-CHAIN $1,090.61 KONE INC CITY HALL ELEVATOR MAINT $5,379.00 KURITA AMERICA INC. DBA TO NOZZLE SURFACE WASH $1,247.58 MAINLINE CONTRACTING INC ELKHORN SCH A PE 21-LIFT STATION B $191,065.64 MCKIRDY-WILSEY, EMMA JUNE 2024 ZUMBA $54.00 MONTANA-DAKOTA UTILITIES 6/6/24-7/8/24 USAGE $7,614.06 MEAD & HUNT, INC. AIRPORT TERMINAL DEISGN $56,209.16 MIDCONTINENT TESTING LABS, WATER TESTING JUNE W/S, WWTP, WP $1,135.60 PATTLEN ENTERPRISES INC DB NOZZLE AND STATOR-SPRINKLERS $1,837.30 MY TURN PLAY SYSTEMS HERITAGE PARK PLAY STRUCTURE $100,600.00 NORTHERN HILLS VENTURES IN COMPUTER SWAPS $25,983.66 NORTHERN HILLS SOD FARM LL SOD AT EVANS PARK $1,285.00 NORTHERN HILLS EXCAVATION 10TH ST SEWER REPAIR $12,454.92 NSG LOGISTICS, LLC ICE SLICER RESTOCK $53,184.52 ONE TIME VENDORS HISTORIC PAINTING-CMPGRND REIMB $1,468.20 PENWORTHY CO BOOKS FOR LIBRARY $256.48 PETE LIEN & SONS INC MATERIALS FOR STREETS DEPT $616.50 SCHREINER ENTERPRISES, INC CAMPGROUND DOOR HANGERS $475.65 QUIK SIGNS INC SIGNS FOR FESTIVAL $136.66 RACE WHEELS, LLC ONSITE MENTAL WELLNESS 3 MONTHS $12,750.00 RCS CONSTRUCTION INC EAST LOW ZONE WATER PE 1 $252,894.09 RUVOLO, DUSTIN NATIONAL SCHOOL SAFETY CONF $364.00 S & C CLEANERS CLEAN CAMPGROUND SHOWERS $2,100.00 SOUTH DAKOTA ONE CALL MESSAGE FEES FOR JUNE $229.95 SE GROUP COMPREHENSIVE PLAN $5,651.03 SHERWIN WILLIAMS CO HERITAGE INLAY PROJECT $832.65 SHIVE-HATTERY, INC FRAWLEY POND DREDGING $19,800.00 SIERRA DESIGN INC. K9 GRAPHICS AND LETTERING TAHOE $1,535.00 SILVERADO, INC. AIRPORT GATE CONTROL BOARD $2,094.00 SIMON CONTRACTORS OF SD IN HERITAGE PARK ROAD STONE $579.89 SOUTH DAKOTA DOT REC PATH HWY WORK $45,018.14 SPEARFISH LUMBER CO COROTECH -CLEAR BASE $139.98 STEC'S INNOVATIVE SAFETY S REWARD POINTS JUNE 24 $2,433.05 SUPERIOR SANITATION LLC JETTING MAIN SWER LINES-RSTRM RNTLS $3,288.00 SYSCO FOOD SERVICES OF MT CONCESSIONS FOR WATERPARK $3,293.70 TACTICAL SOLUTIONS US ARMORS X 2 $2,887.23 TFS EQUIPMENT & SERVICE, L BOOM TRUCK OPERATOR $217.50 THE KNOTHOLE FESTIVAL ITEMS $14.93 TRAFFIC SERVICES CO LLC MAINLINE PAVEMENT MARKINGS $25,848.00 TTG ENTERPRISES INC REPLACE POWER SWITCH WWTP $1,425.00 TURBIVILLE INDUSTRIAL ELEC FLIGHT PUMP REPAIR WWTP $3,524.45 US BANK NATIONAL ASSOCIATI GOLLIHER TANK SRF 2014 $91,072.41 CITY OF SPEARFISH SKY RIDGE HYDRO SEEDING $204.48 VISIT SPEARFISH INC 8/1/24 BID BOARD ALLOCATION $18,750.00 WALMART CAPITAL ONE W/S CLEANING SUPPLIES-HARD DRIVE $165.76 WATER SYSTEM DRILLING, INC EAST LOW ZONE PE #3 $108,927.00 INTEGRITY ACQUISITION LLC CHECK ENGINE LIGHT T/B-KIT-SENSOR $770.34 WHITE'S QUEEN CITY MOTORS SPRING AND BOLTS $763.10 WILLIAMS & ASSOCIATES BANDSHELL WORK $650.00 Total $1,792,100.53 July 2024 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $9,141.26 0.82% $8,491.72 $649.54 0.94% City Administrator 11,840.85 1.06% 9,999.63 1,841.22 1.11% City Attorney 22,077.98 1.99% 20,227.20 1,850.78 2.25% Finance 30,622.53 2.75% 23,945.61 6,676.92 2.66% Human Resources 10,458.14 0.94% 8,507.20 1,950.94 0.95% Gov't Bldgs 22,937.08 2.06% 17,335.18 5,601.90 1.93% Engineering 39,950.71 3.59% 31,885.83 8,064.88 3.55% Public Safety Admin 26,752.48 2.41% 20,859.86 5,892.62 2.32% Police 168,788.97 15.18% 132,469.05 36,319.92 14.74% Fire 21,370.61 1.92% 17,318.40 4,052.21 1.93% Bldg Inspection 25,628.06 2.30% 20,212.82 5,415.24 2.25% Streets & Snow 105,659.01 9.50% 82,306.73 23,352.28 9.16% Cemetery 10,235.22 0.92% 8,533.61 1,701.61 0.95% Animal Control 4,939.70 0.44% 3,428.80 1,510.90 0.38% Recreation/Aquatic 164,149.97 14.76% 142,627.13 21,522.84 15.87% Parks 96,424.33 8.67% 80,395.63 16,028.70 8.95% Library 36,246.56 3.26% 28,462.01 7,784.55 3.17% Plan & Zone 26,217.53 2.36% 21,514.09 4,703.44 2.39% Motor Pool 26,244.77 2.36% 20,214.19 6,030.58 2.25% Wildland Fire 41,478.35 3.73% 36,283.78 5,194.57 4.04% Police Comm 47,745.86 4.29% 36,446.56 11,299.30 4.06% Water 28,398.38 2.55% 21,395.10 7,003.28 2.38% Electric Production 17,714.17 1.59% 13,869.31 3,844.86 1.54% Sewer 22,007.84 1.98% 16,650.89 5,356.95 1.85% WWTP 41,258.89 3.71% 32,513.85 8,745.04 3.62% Airport 5,533.41 0.50% 4,155.21 1,378.20 0.46% Solid Waste 31,403.85 2.82% 23,714.85 7,689.00 2.64% Campground 16,783.20 1.51% 14,995.78 1,787.42 1.67% Totals $1,112,009.71 100.00% $898,760.02 $213,249.69 100.00% Banking Fees JUNE 77.04 Credit Card Fees JUNE $14,139.66 Grand Total $1,126,149.37 Added or Adjusted Wages: Employee Position Wage Effective Date Falcon, Robert City Administrator $80.91 9/16/2024 Seasonal Employees Hughes, Keira Seasonal Customer Service Assistant $15.00 7/16/2024 Caul, Lily Lifeguard/WSI $17.00 8/5/2024 Jones, Katie FFT2 AD-C $22.16 7/1/2024 Airport Board Task Force – Rath moved, Jacobs seconded, and all voted to authorize the creation of the Black Hills Airport Task Force per ordinances. City Planner Koelbel noted a public open house will be held on Tuesday, August 13, 2024, from 4:30 p.m. to 6:30 p.m. at the W.S. Tretheway Pavilion to gather public input and feedback regarding potential short-term rental regulation in Spearfish. Executive Session – Jacobs moved, Klarenbeek seconded, and all voted to enter an executive session for the purpose of discussing commercial and financial information under SDCL 9-34-19. Council returned to regular session at 6:41 p.m. Land Sale – Klarenbeek moved, Hafner seconded, and all voted to authorize SEDC and Mayor Senden (or other designees) to negotiate the sale of land for industrial development. There being no further business, Jacobs moved, Klarenbeek seconded, and all voted to adjourn at 6:42 p.m. Dated this 5th day of August, 2024. Attest: By:__________________________ John Senden, Mayor ________________________________ Michelle DeNeui, City Finance Officer Published once at the approximate cost of _____.