City Council

Spearfish City Council Regular Session Minutes March 3, 2025 5:30 p.m. The Spearfish City Council met at 5:30 p.m. on Monday, March 3, 2025. Mayor Senden was present and called the meeting to order. Roll call was taken with the following members present: Clark, Hafner, Hourigan, Jacobs, Klarenbeek, and Rath. Absent: none. Also present: City Administrator Falcon, City Attorney Knox, Finance Officer De Neui, Planning Director Koelbel, Public Safety Director Rotert, Public Works Director McMahon, Parks and Recreation Director Ehnes, and Police Chief Smith. All stood and recited the pledge of allegiance. Agenda – Clark moved, Hourigan seconded, and all voted to revise the agenda to remove item 12A to allow additional time for contractor to review the documents. Clark moved, Hourigan seconded, and all voted to approve the agenda as revised. Public Comment – A time for public comment was opened at 5:32 p.m. with comments received from, Greg Mosselle regarding the Comp Plan and Jim Robinson regarding tap fees. No further comments were received and the time for public comment was closed at 5:40 p.m. Consent Agenda – Clark moved, Jacobs seconded, and all voted to approve the consent agenda as follows: A. Approve the minutes of the February 18, 2025 City Council regular session. B. Approve the minutes of the February 12, 2025 City Council Study Session. C. Add David Dutton, Jane White, Lori Wells, Kathleen Parrow, Bruce Gefvert, Sandra Garnett, Rosalie Aslesen, and Randi Smith to the library volunteers list. D. Add Elissa Kipp and Jason Felsman to the 2025 volunteer firefighter list. Items from Visitors Proclamation – Mayor Senden proclaimed the month of March as Women’s History Month in Spearfish, South Dakota. Proclamation – Mayor Senden proclaimed March 8, 2025, as International Women’s Day in Spearfish, South Dakota. Other Items Amendment – Hourigan moved, Rath seconded, and with Clark, Hafner, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to ratify agreement amendment with Northern Hills Technologies for services at the airport. MOU – Rath moved, Hafner seconded, and all voted to approve the Memorandum of Understanding (MOU) with the Spearfish Baseball Association for the use of the City baseball fields. MOU – Hourigan moved, Hafner seconded, and all voted to approve the MOU with Spearfish School District for the use of the softball fields at Keating Resources Sportsplex. Award Bid – Hourigan moved, Jacobs seconded, and with Clark, Hafner, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to award the lowest responsive and responsible bid for the 2025 Weed Control Application to TruGreen at a total amount of $39,175. Ordinance 1396 – A public hearing to consider Ordinance 1396 – An Ordinance Amending the Revised Ordinances of the City of Spearfish, Chapter 156 Zoning was opened at 5:57 p.m. with comments received from Jeremy Smith, he feels changing the “and” to “or” is significant to the ordinance and feels this is being changed for one project at the detriment to the entire community. With no further comments being received, the hearing was closed at 6:01 p.m. Hafner moved, Jacobs seconded, and with Clark, Hafner, Jacobs, and Klarenbeek voting aye, and with Hourigan and Rath voting nay, motion passed to approve the second reading of Ordinance 1396. Resolution 2025-04 – Clark moved, Rath seconded, and all voted to Approve Resolution 2025-04 as follows: RESOLUTION #2025-04 JOINT POWERS AGREEMENT Lawrence County / City of Spearfish THIS AGREEMENT is made and entered into this 3rd day of March 2025, by and between the CITY OF SPEARFISH, South Dakota (“City”), and LAWRENCE COUNTY, South Dakota (“County”). WHEREAS, SDCL § 1-24-2, et. seq. authorizes City and County to enter into this Joint Powers Agreement, which grants City additional jurisdiction for enforcement of the International Codes, contractor licensing, floodplain administration, and variance coordination provisions within the Joint Powers Area; and, WHEREAS, City and County have adopted International Codes published by the International Code Council, as modified or amended by City and County in its Ordinances; and, WHEREAS, City and County have adopted Ordinances requiring licensing of building, electrical, and plumbing contractors; and, WHEREAS, City and County have adopted Ordinances to regulate and administer activity in the floodplain; and, WHEREAS, City and County agree it is in the best interest of their citizens that International Codes, contractor licensing provisions, and floodplain administration be enforced in the Joint Powers Area; therefore, NOW THEREFORE, WITNESSETH THIS AGREEMENT: 1. Purpose. The purpose of this Agreement is to extend City’s jurisdiction to encompass the Joint Powers Area and enforce Ordinances within the Joint Powers Area to include the power to issue building and floodplain permits, grant licenses, set licensing requirements, fix and collect fees, perform inspections, and enforce all requirements of the Codes as adopted by City  of Spearfish Ordinance now in effect or as may be hereafter amended or modified from time to time. 2. Duration, Modification, or Amendment. This Agreement shall become effective upon execution by the parties and will renew annually beginning March 3, 2025. The portions of this Agreement pertaining to building code, contractor licensing, and variance coordination may be terminated, or amended according to this procedure: a. In the event of termination by either party, a written notice postmarked a minimum of 60 days prior to the effective date of the termination or expiration of the current term shall be required. b. In the event of amendments, all proposed changes shall be provided to each party a minimum of 90 days prior to expiration of the current term, and shall require mutual approval of City and County. 3. No Separate Entity Created; Ordinances to be Enforced. No separate legal entity shall be created by this Agreement. City shall have the power to enforce the following International Codes, ordinances, and licensing provisions as codified in Chapter 111, 150, and 151 of the City of Spearfish Ordinances, now in effect or as may be hereafter amended or modified from time to time, within the Joint Powers Area. The city is also responsible for all inspections related to building activities except for electrical inspections, which are conducted by the state. 4. Variance coordination Procedure: When a variance is required to be approved by the Board of Adjustment before the City may issue a building permit, the applicant will be referred to the Lawrence County Planning and Zoning director for processing of the variance. The City will review the application advise if the variance poses any conflict with building or fire code. 5. Financing. City shall retain all fees for the administration and enforcement of City of Spearfish Ordinances in the Joint Powers Area. City shall budget and pay for the cost of enforcement of its Ordinances in the Joint Powers Area. 6. No Joint Property Acquired. No joint property real or personal property is authorized to be acquired under this Agreement, and there shall be no joint property to be disposed of upon termination of this Agreement. In the event of termination of this Agreement, City shall no longer be entitled to enforce its code ordinances and licensing ordinances within the Joint Powers Area unless otherwise authorized by law. 7. Administration of Agreement. City’s Planning Director and his or her designees shall be responsible for administering this Agreement and the City of Spearfish Code and licensing Ordinances. 8. Incorporation of Ordinances. The foregoing City of Spearfish Ordinances are incorporated herein by reference as though fully set forth. Copies of such Ordinances, including all future deletions, modifications, and amendments that may be adopted by City shall be kept and maintained at the office of the City Finance Officer. 9. Authority Applicable to All Property. The authority granted to City by this Agreement shall, in its entirety, be applicable to all property in the Joint Powers Area as shown on the attached Exhibit “A” (available in the finance office)regardless of ownership. 10. Annexation Provision. County shall encourage and cooperate in the annexation of the Joint Powers Area or portions thereof that may occur through initiation by City or by request in conjunction with development as from time-to-time may be proposed. 11. Zoning Provision. Issues of density and zoning in or adjoining the Joint Powers Area shall be deliberated by County in concert with formal input from City as to immediate or potential impact in or on the Joint Powers Area. 12. Resource Limitations. County recognizes that City’s staff resources in both floodplain and property maintenance code enforcement are limited. County recognizes that a request for assistance within the Joint Powers area for these services shall be managed in the order it was received and according to City’s established timelines for review and follow up. 13. Revisions, Deletions, and Additions. Recognizing that this Joint Powers Agreement is a dynamic document subject to revisions, deletions, and additions over time, City and County agree to timely investigate and contemplate undertaking additional and/or modified responsibilities under this Agreement. 14. Portions of Joint Powers Area Affected. In the event any portion of the Joint Powers Area, as from time-to-time may be amended, is annexed by another municipality or if an Improvement District is formed pursuant to SDCL 25A in such area, City agrees to amend this Agreement so as to adjust its Joint Powers Area boundaries to accommodate annexation or Improvement District boundaries. 15. County Powers Otherwise Unaffected. The powers of County relative to the Joint Powers Area shall be otherwise unaffected. 16. Legal Description of Joint Powers Area. The legal description of the Joint Powers Area is attached hereto and incorporated by reference as Exhibit “A”. 17. Savings Clause. If a part of this Agreement is invalid, all valid parts that are severable from the invalid part remain in effect, and if a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. CITY OF SPEARFISH By: ________________________________ John Senden, Mayor ATTEST: By: ______________________________ Michelle DeNeui, City Finance Officer Vacate – Rath moved, Jacobs seconded, and all voted to approve to vacate a portion of the West Kansas Street Right of Way adjoining Lot 5A Blk 4 of the Original Townsite of Spearfish, also known as 430 West Kansas St., Spearfish. Change Order – Hourigan moved, Rath seconded, and with Clark, Hafner, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve Change Order #3 for the East Low Zone Water System Improvements Project (#2023-02) with an increase of $75,972.57 (0.87%). Bill List – Clark moved, Hourigan seconded, and with Clark, Hafner, Hourigan, Jacobs, Klarenbeek, and Rath voting aye, motion passed to approve the bill list dated March 3, 2025 as follows: VENDOR NAME DESCRIPTION AMOUNT AED SMART MONITORING LLC AVIA RED SHELL REPLACEMENT $300.00 ALEX AIR APPARATUS 2 LLC FIT TESTS-FLOW TESTS $5,531.83 ALLSTATE PETERBILT CO RADIATOR $763.03 AMAZON CAPITAL SERVICES ZINC PLATED-BOOKS-GLOVES-TAB $4,310.36 AMERICAN RAMP CO SPARTAN PARK SKATEPARK $138,062.10 BAKER & TAYLOR BOOKS FOR LIBRARY $852.02 BB&T GOVERNMENTAL FINANCE WWTP REFI BOND 2021-1 $186,299.13 BLACK HILLS ENERGY JAN/FEB 2025 $12,886.27 BLACK HILLS CHEMICAL CORP BOWLS-ICE MELT-DISINFECTNANT $835.48 BLACK HILLS PIONEER VISIT SPEARFISH-COMMUNITY PAG $911.50 BLUEGLOBES, LLC SOCKET LAMP $433.74 BORDER STATES INDUSTRIES I MOLDED FRAME $872.80 CARON, SARAH BYOD MARCH 2025 $41.91 CASH-WA DISTRIBUTING CO CONCESSION FOR REC CENTER $919.75 CBH COOPERATIVE JAN 2025 FUEL USAGE $38,438.08 CONSOLIDATED ELECTRICAL DI ELECTRICAL WIRE -PLATE-LIGHTS $504.12 CENGAGE LEARNING BOOKS FOR LIBRARY $238.11 TMT INC FLOOR PADS-BATTERIES & CHARG $3,891.30 CENTURYLINK INC ARPRT, FD, PD, HYDRO WWTP SVCS $557.48 CLAUSER MACHINE WORKS SPLIT SHAFT- BUILD U BOLT $145.66 DG INVESTMENT INTERMEDIATE SECURITY SOFTWARE TECH $90.13 CUMMINS INC. TROUBLESHOOTGENERATOR/BATTERY $1,266.03 CUSTOM FIRE APPARATUS INC CHASSIS PROGRESS $458,000.00 DC BOOTH SOCIETY INC QUARTERLY ALLOCATION 3/1/2025 $15,000.00 EDDIE'S TRUCK CENTER INC SPRING BRAKE VALVE $256.03 ELKHORN RIDGE @ FRAWLEY RA 2025 JAN TIF $28,044.98 FALCON, ROBERT BYOD MARCH $41.91 FMG INC DRIANAGE & SPF CRK STABILIZATION $3,559.50 GRAYBAR ELECTRIC COMPANY COOPER CROUSE-HINDS $1,033.06 HAWKINS INC AQUA HAWK WWTP-CHLORINE $4,405.96 HIGH PLAIN HERITAGE SCTY QUARTERLY ALLOCATION 3/1/25 $22,500.00 HILL'S INTERIORS INC APPLICATOR- DOLPHIN $266.31 HUB INTERNATIONAL GREAT PLA GENERAL LIABILITY -AIRPORT $15,915.00 IACP INC MEMBER DUES- ROTERT-SMITH-DEAN $660.00 MATTHEWS OPERA HOUSE QUART ALLOC 3/1/25 $15,000.00 MONTANA-DAKOTA UTILITIES GAS USAGE 1/9/2025-2/5/2025 $11,434.80 MEAD & HUNT, INC. BH AIRPORT TERMINAL $8,965.36 MIDCONTINENT TESTING LABS, WATER TESTING FOR NOV 2024 $8,911.07 MULLANEY, TROY CHAPLAIN TRAINING REIMBURSEMENT $175.40 NORTHERN HILLS VENTURES IN 0365 LICENSES- .GOV TRANSISTION $27,503.91 NORTHERN TRUCK EQUIPMENT SPINNER MOTOR $482.19 ONE TIME VENDORS CHANNING WAGNER: DUES REIMBURSE $535.00 PALMER, WOODROW REIMBURSE REGISTRATION $185.00 PETTY CASH PETTY CASH REIMB FO & BD 3/3/2025 $358.26 POWERPLAN FUEL PUMP-GASKET-FILTERS $130.12 WEST RIVER TRANSIT AUTHORI QUARTERLY ALLOCATION $12,500.00 QUIK SIGNS INC FITNESS SIGN UPDATE-COMM FND $520.10 RCS CONSTRUCTION INC EAST LOW ZONE WTR SYS PE#8 $309,526.54 REED, THERESA DAWN DOWNTOWN RESTROOM CLEANING $420.00 RIVERSIDE TECHNOLOGIES INC LAPTOP AND DESKTOP $402.00 RUSHMORE COMMUNICATION IN RADIO REPAIR $868.48 RYEDOODLE BOARDING & TRAIN POLICE K9 BOARDING $200.00 SANITATION PRODUCTS TENSIONER-SNOW BLOWER $10,209.88 SOUTH DAKOTA ONE CALL MESSAGE FEES JAN 2025 $61.95 SIMON CONTRACTORS OF SD IN WOODBURN WATER LEAK $307.45 SOUTH DAKOTA AGA CONFERENCE REGISTRATION $265.00 SPEARFISH HIGH SCHOOL POST POST PROM 2025 $300.00 SUNSHINE TOWING TOW PLOW TRUCK FROM DITCH $1,415.00 TIESZEN, BEN LUNCH FOR HYDRO PLANT REIMB $47.60 VISIT SPEARFISH INC SEMI ANNUAL & MONTHLY ALLOCATIO $108,750.00 INTEGRITY ACQUISITION LLC ALIGNMENTS-SEAL GASKETS-DOOR $313.98 WHITE'S QUEEN CITY MOTORS TIRE PRESSURE SENSOR $111.62 WISHBONE FENCING COMPANY REPAIR BROKEN FENCE DOG PARK $1,400.00 Total $1,469,134.29 FEBRUARY 2025 Salary Expense & Credit Card Fees Gross Gross Wages/Benefits Wages Benefits Mayor/Council $9,348.36 0.98% $8,683.98 $664.38 1.19% City Administrator 22,053.84 2.32% 17,864.02 4,189.82 2.44% City Attorney 15,416.10 1.62% 12,552.00 2,864.10 1.71% Finance 34,604.90 3.64% 26,556.80 8,048.10 3.63% Human Resources 10,965.36 1.15% 8,883.20 2,082.16 1.21% Gov't Bldgs 23,428.99 2.47% 18,010.27 5,418.72 2.46% Engineering 41,678.90 4.39% 33,076.25 8,602.65 4.52% Public Safety Admin 27,866.13 2.93% 21,715.58 6,150.55 2.97% Police 166,184.48 17.49% 126,032.94 40,151.54 17.21% Fire 32,661.49 3.44% 26,036.00 6,625.49 3.56% Bldg Inspection 25,332.86 2.67% 19,454.40 5,878.46 2.66% Streets & Snow 116,107.21 12.22% 90,245.38 25,861.83 12.32% Cemetery 6,005.10 0.63% 4,145.71 1,859.39 0.57% Animal Control 4,941.88 0.52% 3,563.21 1,378.67 0.49% Recreation/Aquatic 70,853.20 7.46% 54,687.60 16,165.60 7.47% Parks 54,022.94 5.69% 41,656.73 12,366.21 5.69% Library 38,252.31 4.03% 29,823.73 8,428.58 4.07% Plan & Zone 31,867.85 3.35% 24,720.80 7,147.05 3.38% Motor Pool 25,945.29 2.73% 19,655.79 6,289.50 2.68% Wildland Fire 753.31 0.08% 551.52 201.79 0.08% Police Comm 50,082.73 5.27% 37,935.12 12,147.61 5.18% Water 29,213.47 3.07% 21,670.53 7,542.94 2.96% Electric Production 20,188.59 2.12% 15,881.31 4,307.28 2.17% Sewer 21,248.74 2.24% 15,633.24 5,615.50 2.13% WWTP 33,213.57 3.50% 25,147.81 8,065.76 3.43% Airport 5,758.25 0.61% 4,303.32 1,454.93 0.59% Solid Waste 30,783.06 3.24% 22,686.22 8,096.84 3.10% Campground 1,449.52 0.15% 1,063.10 386.42 0.15% Totals $950,228.43 100.00% $732,236.56 $217,991.87 100.00% Banking Fees JAN 117.25 Credit Card Fees JAN $ 9,348.67 Grand Total $959,577.10 Added or Adjusted Wages Employee Position Wage Stipend Effective Date Reason Rosenau, Samantha Police Lieutenant $44.46 3/2/2025 Promotion Masiero, Anthony Fire Inspector $29.22 3/10/2025 New hire Wastewater Treatment Plant Hunt, Bradley Superintendent $40.28 $3.00 3/2/2025 Promotion Seasonal Employees: Bohanon, Gavin WWTF Summer Laborer $17.00 4/10/2025 Haivala, Brenna Summer Customer Service Assistant $16.00 4/10/2025 Adams, Eloise Summer Customer Service Assistant $17.00 4/10/2025 Woods, Kelly Summer Customer Service Assistant $15.50 4/10/2025  Tennant, Lucie Summer Customer Service Assistant $17.00 4/10/2025 Brown, Heath PRF Summer Laborer $18.00 4/10/2025 Ferrell, Daniel PRF Summer Laborer $17.50 4/10/2025 Departmental Discussion – McMahon stated there will be public meetings held throughout March before the construction season. Koelbel has been working with DeNeui and Falcon regarding building permit fees and tap fees to see if there is need for modifications. Ehnes stated that seasonal hiring is going well. Mayor Senden mentioned there are a couple open forums coming up regarding the Comp Plan; Planning Commission, Tuesday, March 18th and study session Wednesday, March 12th. Executive Session – Clark moved, Hourigan seconded, and all voted to go into Executive Session pursuant to SDCL §1-25-2(3) for the sole purpose of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Council returned to regular session at 6:43 p.m. There being no further business, Klarenbeek moved, Rath seconded, and all voted to adjourn at 6:44 p.m. Dated this 3rd day of March, 2025. Attest: By:__________________________ John Senden, Mayor ________________________________ Michelle DeNeui, City Finance Officer Published once at the approximate cost of _____.