City Council

Spearfish City Council Regular Session Minutes August 19, 2024 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, August 19, 2024. Mayor Senden was present and called the meeting to order. Roll call was taken with the following members present: Clark, Hafner, Hourigan, Jacobs, and Klarenbeek. Absent: Rath. Also present: Finance Officer DeNeui, Public Safety Director Rotert, Public Works Director McMahon, Planning Director Koelbel, Recreation Center Director Rauterkus, Assistant Public Works Director Caron, Assistant City Engineer Spindler, and Code Enforcement Officer Addison. All stood and recited the pledge of allegiance. Agenda – Clark moved, Hourigan seconded, and all voted to amend the agenda to add an executive session under SDCL 1-25-2 (3) for consulting with legal counsel about proposed or pending litigation or contractual matters. Klarenbeek moved, Clark seconded, and all voted to approve the agenda as amended. No potential conflicts of interest were noted. Public Comment – At 5:33 p.m. a time for public comment was opened. Resident John Dale spoke on the Lawrence County Fair results and about the city budget. No additional comments were received and the time for public comment was closed at 5:34 p.m. Consent Agenda – Clark moved, Hourigan seconded, and all voted aye to approve the consent agenda as follows: A. Approve the minutes of the August 5, 2024, City Council regular session. B. Approve the treasurer’s report dated July 31, 2024. C. Approve the application from Tytus Spivey of False Bottom Bar for a special on-sale liquor license for a wedding on September 14, 2024, from 4:00 p.m. to 10:30 p.m. at the Joy Center. Items from Visitors Proclamation – Mayor Senden proclaimed August 25 – September 1, 2024, as Spearfish Bicycle Week. Appeal of a Repair Order – Judith Shaw, owner of 820 N. Main Street, and Derek Knapp, Shaw’s son, presented request to appeal the sidewalk repair order issued by City Code Enforcement Officer Addison. The request stated the Americans with Disability (ADA) maximum cross-slope of two percent (2%) is not applicable in this situation, the sidewalk is not in ‘disrepair’ or ‘hazardous’ as described by City Staff, and the project imposes an unnecessary and significant financial hardship to the owner. Chris Farrar, owner of 810 N. Main Street, also appealed a similar sidewalk repair order stating the sidewalk was installed in 2001 when the building was built and met all city requirements then. Additionally, the removal of the sidewalk that has no problems except a slight slope will create lost revenue for the tenants and Farrar doesn’t believe ADA maximum slopes of 2 degrees is applicable in his situation. Public Safety Director Rotert spoke on the complaint that initiated the Code Enforcement Officer’s review of the area. The initial complaint was from an on-duty officer responding to the area for an alarm call and was a verbal request for the sidewalks to be assessed for compliance. Assistant City Engineer Spindler cited the City of Spearfish Sidewalk Maintenance Policy adopted by the City in April 2011 and noted that he had been working with the property owner of 830 N. Main Street as well as the appeal petitioners to find the most cost-effective remedy. His designs were submitted to a local contractor by the 830 N. Main Street property and an estimate of over $58,000 was obtained to repair all three properties. Following further discussions, Hourigan moved, Klarenbeek seconded, and all voted to accept the appeal and stop the abatement process for this complaint for 820 N. Main Street and 810 N. Main Street. Other Items Purchase Agreement – Hafner moved, Hourigan seconded, and all voted to accept the purchase agreement for the property located at 3725 E. Colorado Blvd. for $825,000. Resolution 2024-19 – Hourigan moved, Klarenbeek seconded, and all voted to adopt Resolution 2024-19 as follows and authorize the real property to be publicly auctioned: RESOLUTION 2024-19 A RESOLUTION TO DECLARE CERTAIN REAL PROPERTY SURPLUS WHEREAS, the City of Spearfish is the owner of the following-described real property situated in the City of Spearfish, Lawrence County, South Dakota, to wit: Lot 6 of Block 2 of the Hansen Addition to the City of Spearfish, Lawrence County, South Dakota, as shown on the plat thereof recorded in Document #2024-3374 in the Office of the Lawrence County Register of Deeds; (“Property”); and WHEREAS, the Property is no longer useful or suitable for the purpose for which the City of Spearfish acquired it; and WHEREAS, upon the Property being declared surplus, the Property may be transferred through a public auction conducted by McPherson Auction Company pursuant to an agreement with McPherson Auction Company; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Spearfish that the Property be declared surplus and disposed of in accordance with SDCL 6-13-5.2 under the terms and conditions described above. Dated this 19th day of August, 2024. CITY OF SPEARFISH (Seal) By: ____________________________ John Senden, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: August 19, 2024 Published: August 23, 2024 Effective: September 12, 2024 Special License – A public hearing to consider an application from Becky Helmberger with Chutes for Charity for a special event on-sale liquor license for the Wine, Bourbon, & Whiskey Tasting Extravaganza on September 28, 2024, from 5:00 p.m. to 9:00 p.m. located at the Joy Center was opened at 6:31 p.m. and closed with no oral or written comments being received. Clark moved, Hourigan seconded, and all voted to approve the special event on-sale liquor license. Lease Agreement – A public hearing to consider a SEAT Base Land Lease Agreement with the State of South Dakota Department of Public Safety Wildland Fire Division for a ground lease at Black Hills Airport for a term of five years, effective June 1, 2024, was opened at 6:32 p.m. and closed with no oral or written comments being received. Clark moved, Hafner seconded, and all voted to approve the SEAT Base Land Lease Agreement. Supplement – Klarenbeek moved, Hafner seconded, and all voted to approve a budget supplement for the final payment of $53,360.80 for the repairs to the Maintenance Shop Roof, as insurance proceeds are covering the cost. Award Bid – Hourigan moved, Hafner seconded, and with Clark, Hafner, Hourigan, Jacobs, and Klarenbeek voting aye, motion passed to award the lowest responsive and responsible bid for the 2024-2025 Snow Removal Services (September 1, 2024 – June 30, 2025) to AusCar X, LLC for Zones B, C, and D. Award Bid – Clark moved, Hafner seconded, and with Clark, Hafner, Hourigan, Jacobs, and Klarenbeek voting aye, motion passed to award the lowest responsive and responsible bid for the Airport Terminal to Scull Construction at a total base bid less all three of the deduct alternates and less the value engineering revisions for a total amount of $3,039,596. Resolution 2024-17 – Clark moved, Hourigan seconded, and all voted to approve Resolution 2024- 17 as follows: RESOLUTION 2024-17 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 Mach One, 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 3, 2024. Dated this 19th day of August, 2024. CITY OF SPEARFISH (Seal) By: ____________________________ John Senden, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: August 19, 2024 Published: August 23, 2024 Effective: September 12, 2024 Resolution 2024-18 – Hafner moved, Jacobs seconded, and all voted to adopt Resolution 2024-18 as follows: RESOLUTION 2024-18 A RESOLUTION OF INTENT TO ENTER INTO A PRIVATE 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 ground lease agreement with T-Mobile to lease portions of the Green Acres Water Tank, 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 3, 2024. Dated this 19th day of August, 2024. CITY OF SPEARFISH (Seal)  By: ___________________________ John Senden, its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer Adopted: August 19, 2024 Published: August 23, 2024 Effective: September 12, 2024 Bill List – Klarenbeek moved, Hourigan seconded, with Clark, Hafner, Hourigan, Jacobs, and Klarenbeek voting aye, motion passed to approve the bill list dated August 19, 2024: VENDOR NAME DESCRIPTION AMOUNT 12TWENTY FOR EMPLOYERS POLICE OFFICER JOB AD $190.00 3RD DEGREE SCREENING INC SEASONAL REC ASSIST SCREENING $20.00 911 SUPPLY WOMENS PD PANTS-PD TIES-SHIRTS $685.50 A & B BUSINESS INC PLOTTER PRINTER & CONTRACTS $2,747.00 A & B WELDING SUPPLY CO CYLINDER RENTAL- SAW COOLANT $384.70 A & J SUPPLY 8' CHANNEL HYDRO $116.38 ABBY DUNKLEY KRUM JULY 2024 YOGA INSTRUCTORS $45.00 ADOBE INC. ACROBAT PRO X 17 LICENSES $407.83 ADVOCATES FOR HEALTH FOUNDATION GRAPHICS VINYL $89.01 ALL AMERICAN ROOFING & SA SHOP ROOF REPAIR $53,360.80 AMAZON CAPITAL SERVICES WRISTBANDS-SAW BLADE-TV-CASES $2,353.68 AMZN MKTP US GIFT CARD FOR SAFETY STANDOWN $200.00 AMERICAN RED CROSS ADULT AND PEDIATRIC FIRST AID $418.00 AMERICAN TRUCK PARTS CO REPLACE FIRE VEHICLE BOOTCLAMP FD $232.52 ANDYS SHELL RAPID LUBE WILDLAND VEHICLE MAINT $713.90 BAKER & TAYLOR BOOKS FOR LIBRARY $301.31 BECK'S NURSERY CORP IRON-REPLACEMENT FLOWER BED $283.92 BEST WESTERN WILDLAND LODGING $566.37 BEST WESTERN BLACK HILLS LO LODGING FOR CITY ADMIN $472.61 BLACK HILLS ENERGY JULY/AUG 2024 ELECTRICITY $5,119.46 BIERSCHBACH RED CAP-SAFE SEAL $877.20 BLACK HILLS CHEMICAL CORP DISINFECTANT-TP-DEGREASER-NILODEW $1,662.61 BLACK HILLS PIONEER COMMUNITY PAGES JULY 2024-JULY LEGALS $851.60 BLACK HILLS PURE INC WATER FOR CITY HALL $55.25 BLACK HILLS URGENT CARE LL EMPLOYEE SCREENING $478.00 BLACKBIRD EXPRESSO GIFT CARDS SUMMER READING $215.63 BROWN'S SMALL ENGINE REPAI SCAG MOWER $2,199.00 BUTTE ELECTRIC COOP 5/27-6/27 2024 ELECTRICITY USAGE $57,369.88 VISUAL WORKS INC ONLINE RESERVATIONS JUNE 2024 CMPGRND $1,872.00 CASH-WA DISTRIBUTING CO CONCESSIONS FOR WATER PARK $1,929.39 CBH COOPERATIVE JULY 24 FUEL $41,511.97 CENGAGE LEARNING BOOKS $125.98 CENTURYLINK INC JUNE AND AUGUST CHARGES X5 $1,082.52 CHEWY DAVOS FOOD $167.74 CITY BREW GIFT CARD SUMMER REC $50.00 CITY OF RAPID CITY SUMMER REC TO ICE RINK $294.00 CLAUSER MACHINE WORKS BUILD POST DRIVER $85.00 CLEAN FREAK CAR WASH MAY 2024 WASHES $78.30 CLIMATE CONTROL SYSTEMS & DUCTLESS MINI SPLIT WWTP-NEW FAN $13,614.05 COCA-COLA BOTTLING CO CONCESSIONS FOR REC CENTER $5,150.00 DIAS, GREGORY K LIBRARY WIRELESS ADAPTERS $222.49 CORE & MAIN LP HYDRANT METERS $62,301.58 CULLIGAN SOFT WATER CORP BOTTLED WATER WWTP $226.20 CUMMINS SALE AND SERVICE FIELD SERVICES-YUKON LIFT $586.07 BEGG BOROUGH STEEL LLC FUEL CAP-SPARK PLUG-CAP FILLER-SPOOL $2,485.26 DAKOTA FLUID POWER INC REGULATOR REPAIR KIT-CYLINDER REPAIR $798.38 ZW USA INC DOG WASTE BAGS $1,674.48 E BAY LEG PRESS FOR REC CENTER $122.13 ECOLAB PEST ELIMINATION PEST CONTROL ANT PROGRAM CITY HALL $616.70 EDDIE'S TRUCK CENTER INC OIL FILTER KIT $152.42 EDDY, TRAVIS WILDLAND TO CA 2024 REIMBURSEMENT $1,886.00 ENERGY LABORATORIES INC WATER TESTING WWTP $3,381.00 FAIRFIELD WILDLAND LODGING $333.00 FEDERAL MOTOR CARRIER SAFE CDL X50 $62.50 FIB-AP PURCHASE CARDS JULY 2024 P CARDS $262,814.79 $0.00 SEON SYSTEMS SALES INC AUG DATA PLAN TRASH SYSTEM $1,891.18 BDG INC CLEANING NOZZLE $1,079.00 FMS SOLUTIONS LIDAR HOLSTER $299.00 GRASS & GRIT LLC HERITAGE PARK PG AND SPLASH PAD $7,090.00 FOTH INFRASTRUCTURE & ENVI EAST LOW ZONE -5TH ST IMPRVMNT-SKYRID $136,439.74 TODD GINSBACH- G ARROW LIV DEER PICK UP JULY/AUG $270.00 GALLS LLC POLOS FOR POLICE DEPT-CUFFS-CASES $551.64 GEA MECHANICAL EQUIP US IN HIGH PRESSURE GREASE $2,355.60 VIEHAUSER ENTERPRISES LLC CITY HALL RE PROGRAM DOORS-LOCKS $7,231.28 GG GARBAGE HYDRO SEPTIC WORK $152.00 GODFREY BRAKE SUPPLY THREADED ROD-BOLT WASHER $729.44 GROSSENBURG IMPLEMENT FILTER ELEMENT-CLUTCH $584.69 GRUBER, JESSA WILDLAND TO CA 2024 REIMBURSEMENT $1,886.00 GUADALAJARA RESTAURANT FO/PW FOOD $80.60 HACH CO CABLE FOR WWTP $1,313.54 HAUGO BROADCASTING INC WATER PARK PROMO JULY 24 $600.00 HAWKINS INC CHEMICALS FOR POOL $2,685.35 HDR ENGINEERING INC CO BLVD SWR RPLC-WWTP FENCE-SWR UP $44,852.50 HILLS PRODUCTS GROUP DOWELED POLE $82.95 HOLIDAY INN WILDLAND LODGING $4,553.00 THE ICE MAN LLC ICE FOR CAMPGROUND $995.30 JACKSON, TRISTYN SILVER SNEAKER JULY INSTRUCTOR $125.00 JIMMY JOHNS #3223 BUDGET MEETING FOOD-LEADERSHIP $174.23 JJS GLOBAL VENTURES INC CARBON MONOXIDE SENSOR WWTP $168.00 TODD EMERY COLLINS JET WALL OF SHOWERS MECH SHOP $275.00 JOHNER PAVING ASPHALT $1,811.25 WASTE CONNECTIONS OF SD IN RUBBLE SITE CONTAINERS $1,200.00 KILLIANS MAYOR WITH CITY ADMIN CANDIDATE $120.43 KLJ SOLUTIONS HOLDING CO 10TH ST UTILITY IMPROVEMENTS $38,000.00 KNECHT HOME CENTER INC CONNECTOR COMBINATIONS-BATTERIES $64.89 KRUSTY BIN CLEANER CLEAN 11 BINS $260.00 LOU'S GLOVES INC GLOVES FOR WWTP $359.00 LOWE'S MATERIALS FOR WILDLAND $50.91 MARRIOTT WILDLAND LODGING $1,848.05 MASIERO, ANTHONY WILDLAND TO CA 2024 REIMBURSEMENT $1,886.00 MCKIRDY-WILSEY, EMMA JULY 2024 ZUMBA INSTRUCTOR $12.00 MONTANA-DAKOTA UTILITIES 6/6/24-7/8/24 NATURAL GAS USAGE $4,902.54 MID STATE WELDING LLC FRAMES FOR SCOREBOARD $2,217.25 MIDCO AIRPORT SERVICES $49.03 MIDCO DIVING & MARINE SERV WATER RESERVOIR CLEANING 5 LOCATIONS $18,736.00 MIDCONTINENT TESTING LABS, WATER TESTING W/S. WWTP & WTRPRK $12,041.35 PATTLEN ENTERPRISES INC DB DRIVE ASSEMBLY-PROGRAMABLE RCVR $429.17 MONUMENT HEALTH EMPLOYEE SCREENING $150.00 MOUNTAIN WEST LLC SHIPPING CHARGE FOR MULCH $330.00 NEBRASKA STATEWIDE ARBOR TREES AND SHRUBS FOR ARBORETUM $628.00 NORTH CENTRAL INTERNATIO GASKET KIT $53.32 NORTHERN HILLS DOOR DOOR ADJUSTMENT WWTP $653.06 NORTHERN HILLS EXCAVATION 10TH ST SWR SVC RPR $6,127.23 NORTHERN TRUCK EQUIPMENT MOUNT KIT AND CAMERA $4,750.00 NORTHWEST PIPE FITTING CO RED RUBBER FF GASKET $17.14 NSG LOGISTICS, LLC ICE SLICER RE STOCK $4,786.97 NUTRIEN AG SOLUTIONS INC FERTIZLIER-ROUND UP QUIKPRO $2,800.00 PRO WINDMILL INC PEST CONTROL CITY BUILDINGS $342.25 PETE LIEN & SONS INC STREET REPAIR-DELIVERY ILLINOIS $1,298.00 PLAN-IT GEO SD RENEWAL $4,525.00 WATER TREE INC SKIMMER LID $176.20 PRO HYDRO TESTING HYDRO TESTING OF SCBA CYLINDER $954.00 QUADIENT FINANCE USA, INC 5/16-8/2 2024 POSTAGE USAGE $1,000.00 QUADIENT, INC MACHINE RENTAL $165.00 QUIK SIGNS INC HERITAGE PARK SIGN-BUSINESS CARDS $183.15 RAMAKER & ASSOC INC ROSE HILL SYSTEM SUPPORT $1,312.50 RAPID DELIVERY DELIVERIES FOR SHOP. WWTP, W/S $389.03 REED, THERESA DAWN JULY CLEANING DWNTN RSTRM $465.00 RESIDENCE INN WILDLAND LODGING $1,548.50 RICE'S SPEARFISH CANYON SAFETY MATERIALS FOR FIRE DEPT $1,259.94 RLI SURETY ASSISTANT FO NOTARY BOND $50.00 ROBBINSDALE ENTERTAINME SUMMER REC BOWLING RAPID $273.00 ROSENAU, SAMANTHA BOOT REIMBURSEMENT $100.00 RUBYS ROOST SUMMER READING PROGRAM GIFT CARDS $108.29 RUSHMORE COMMUNICATION RADIO ON BRUSH TRUCK FD $234.00 SACRISON ASPHALT INC ASPHALT FOR STREETS $2,591.94 SACRISON PAVING INC ASPHALT PATCHING WATER LEAK BHSU $32,791.20 SAFEWAY SNACKS FOR REC CENTER CONCESSIONS $147.61 SANFORD HEALTH OCCMED EMPLOYEE SCREENING $175.00 SANITATION PRODUCTS-EFT VE PUMP FOR GARBAGE TRUCK $3,652.61 SD GAME FISH AND PARKS SUMMER REC TO CUSTER $135.00 SD LIBRARY ASSOCIATION FULL CONFERENCE REGISTRATION $215.00 SOUTH DAKOTA ONE CALL MESSAGE FEES FOR JULY 2024 $210.00 SDARWS ANNUAL DUES:CLASS B MEMBER $1,265.00 SE GROUP COMP PLAN $1,021.33 SECRETARY OF STATE AFO NOTARY APPLICATION $30.00 SERVALL TOWEL & LINEN MAT- MOP- LAUNDRY CHANGE OUT $1,344.87 SHERWIN WILLIAMS CO YELLOW PAINT STREETS AND HYDROPLANT $1,515.08 SHRM HR MEMBERSHIP $264.00 SIGN SOLUTIONS USA, LLC BLUE SIGN-SIGNS FOR STREET DEPT $916.19 SIMON CONTRACTORS OF SD IN ROADSTONE FOR STREETS $2,796.82 SKY RIDGE DEVLEOPMENT, LLC CLOSING COST 223 AURORA $3,000.00 SOUTH DAK STATE TREASURER JULY 24 SALES TAX PAYMENT $31,132.22 VIVI BENE INC VENTILATION FAN $1,564.60 SPEARFISH AUTO SUPPLY SUPPORT-SWITCH-FILTERS-CAP SCREW $5,208.48 STAN HOUSTON EQUIPMENT PERMAPATCH PALLET-PALLET JACK $1,543.50 STARLINK STARLINK FOR HYDRO $90.00 STEC'S INNOVATIVE SAFETY S SAFETY REWARD PROGRAM JULY $885.00 SUPERIOR WATER SALT DELIVERY WATER PARK $544.88 THOMSON REUTERS WEST ONLINE SOFTWARE SUB $771.92 TIMECLOCK PLUS ANNAUL CLOCKABLE LICENSE EMP $9,146.52 TRANSOURCE TRUCK & EQUIPME GUTTER BROOM $539.96 TREE WISE MEN REMOVAL OF WALNUT TREE& PRUNE CTNWD $1,000.00 TRUGREEN WEED CONTROL $14,080.85 TWO WHEELER DEALER CYCLE TUNE THREE PD BIKES $780.00 USA BLUE BOOK BUFFER PILLOWS $167.81 USA TODAY JULY 24 RENWAL $30.74 CITY OF SPEARFISH 6/30-7/31 2024 WATER USAGE $99,198.50  VARIOUS FUEL VENDORS FOR T WILDLAND FUEL FOR TRAVEL $4,223.78 CLARITY TELECOM LLC 6/12-7/5 2024 USAGE $5,990.05 VERIZON WIRELESS 5/24-6/23 2024 $6,097.37 WALL STREET JOURNAL JUNE 24 SUB $64.99 WALMART.COM THERMAL PAPER-SUMMER REC SNACKS- $892.43 WELLS PLUMBING CORP VALVE BOX WITH LID-JET PUMP-PVC $646.31 WESTERN STATES FIRE PROT C FIRE SPRINKLER INSPECTION $275.00 INTEGRITY ACQUISITION LLC REMOTE CONTROL SYSTEM $41.76 WHITE'S QUEEN CITY MOTORS SENSOR $140.18 WOLFF'S PLUMBING & HEATING ROOF FLASHING $591.97 Total $846,079.28 2025 Budget – Following discussions, Hafner moved, Jacobs seconded, and all voted to remove the budget authority for an additional five percent city coverage for dependent health insurance premiums and the additional $50 per month per employee for the elective a la carte benefits from the 2025 departmental budgets. Executive Session – Clark moved, Hourigan seconded, and all voted to enter an executive session pursuant to SDCL 1-25-2(3) – consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Council returned to regular session at 7:13 p.m. There being no further business, Clark moved, Hourigan seconded, and all voted to adjourn at 7:13 p.m. Dated this 19th day of August, 2024. Attest: By:__________________________ John Senden, Mayor ________________________________ Michelle DeNeui, City Finance Officer Published once at the approximate cost of _____.