City Council Study Session

City of Spearfish City Council Study Session Minutes November 2, 2022, 4:15 p.m. The City Council Study Session was called to order by Mayor Senden at 4:15 p.m. in the Council Chambers of City Hall on Wednesday, November 2, 2022. The following c o u n c i l members were present: Clark, Hourigan, Jacobs, Klarenbeek, and Rath. Absent: Hodgs. City staff present were: City Administrator McFarland, City Attorney McDonald, Finance Officer DeNeui, Public Safety Director Rotert, Public Works Director Broyles, City Planner Kapsa, and Assistant Public Works Director McMahon. Clark moved, Klarenbeek seconded, and all voted to approve the agenda as presented. Items for Council Discussion: Skate Park Design Options – Administrator McFarland noted an amendment to the skate park design to include the location of the volleyball courts. The amendment will be an additional $4,000 in cost. Formal approval of the amendment will be on the 11/7/2022 city council agenda. Highway 85 Corridor Development – Discussion was held on the sewer options for the Highway 85 Corridor Development area. Staff provided pros and cons for the sewer options of individual onsite holding tanks, low-pressure system, non-discharging lagoon, and onsite well and water distribution system. Comments regarding the options presented and septic systems were taken from Planning Commission members Rick Tysdal, Meghan Byrum and Greg Kruskamp and resident Joe Jorgensen. Planning Director Kapsa will provide more information pertaining to an EPA study following the failure of the sewer lagoon that was previously used by the City. Items for City Council Meeting: The following items will appear on the Council agenda for consideration. No comments were received and the items will be reviewed during the council session: A. City Attorney 1) Authorize the mayor to sign a Deed of Revocation for restrictive covenants affecting the properties by the City at Sky Ridge. 2) Approve Resolution 2022-31 – A Resolution Approving the Revocation of Covenants on Certain Property Pursuant to SDCL 11-5-6. 3) Approve the Third Amendment to the Development Agreement with Dream Design International, Inc. B. Finance 1) Consent Agenda – Approve application Matthews Opera House for a special malt beverage license for the Spearfish Festival in the Park on July 14, 2023, from 4:00 p.m. to  10:00 p.m., July 15, 2023, from 9:00 a.m. to 7:00 p.m., and July 16, 2023, from 10:00 a.m. to 4:00 p.m. at Spearfish City Park. 2) Release the package liquor (off-sale) license available in Spearfish for bid opening on November 29, 2022 at 1:30 p.m. with minimum bid of $50,000. 3) Approve the following 2023 liquor and wine license renewals: 1 2 Broke Girls Retail Wine 2 A Perfect 10 Nail & Beauty Bar Retail Wine 3 Antunez/Dakota Food Gypsies Retail Wine 4 Applebees Retail Liquor 5 B&B Lounge & Back Porch Retail Liquor 6 Best Western BH Lodge Retail Wine 7 The Clubhouse of Spearfish Retail Wine 8 Creekside Bean & Vine Retail Wine 9 Double Barrell Liquor & Casino Retail Wine 10 Dough Trader Pizza Co Retail Wine 11 Elkhorn Ridge Golf Course Retail Wine 12 Elkhorn Ridge RV Park & Campground Retail Liquor 13 Elkhorn Ridge Travel Center Package Liquor 14 Exit 8 Phillips 66 Package Liquor 15 False Bottom Bar Retail Liquor 16 Family Dollar Store Retail Wine 17 The Farmhouse Restaurant Liquor 18 Fuji Sushi Bar & Grill Retail Wine 19 Golden Dragon Restaurant Retail Wine 20 Good Earth Natural Foods Retail Wine 21 Grant Street Liquor Package Liquor & Retail Wine 22 Happy Jacks Retail Wine 23 Holiday Inn Convention Center Liquor 24 K-Nails & Beauty Bar Retail Wine 25 Killians Tavern Retail Liquor 26 Lueders Food Center Retail Wine 27 Matthews Opera House Retail Wine 28 Nonna's Kitchen Restaurant Liquor 29 Nowhere Men's Clothier Retail Wine 30 Party Time Liquor Package Liquor 31 Piranha Salon Retail Wine 32 Public House Retail Liquor 33 Queen City Liquor Package Liquor 34 Queen City VFW Retail Liquor 35 Redwater Kitchen Restaurant Liquor  36 Safeway Store Package Liquor 37 Sawyer Brewing Retail Wine 38 Scoreboard Lounge Retail Liquor 39 Sodexo America at BHSU Retail Wine 40 Spearfish Brewing Co. Retail Wine 41 Spearfish Canyon Country Club Retail Liquor 42 Spearfish Sasquatch Baseball Club Retail Wine 43 Speedy Mart Package Liquor 44 Stadium Sports Grill Retail Liquor 45 Steerfish Steak & Smoke Retail Liquor 46 Sunshine Saloon Retail Wine 47 Triple 7 Casino Retail Wine 48 Uncle Louie's Retail Wine 49 Walgreens Retail Wine 50 Wal-Mart Supercenter Package Liquor 51 Yesway Package Liquor C. Parks and Recreation 1) Approve Change Order #1 for the Sports Complex Maintenance Building, an increase of $1,695.50. 2) Approve the contract with Ainsworth-Benning Construction for the construction of the Sky Ridge Sportsplex Phase 2 project in the amount of $716,826.92. D. Planning & Zoning 1) 420 Meier Avenue a) Hold a public hearing to consider Resolution 2022-18 – A Resolution to Vacate Meier Avenue Right-of-Way. b) Approve Resolution 2022-18. c) Hold a public hearing to consider Resolution 2022-33 – A Resolution Approving the Land Exchange Between the City of Spearfish and Robert D. Miller. d) Approve Resolution 2022-33. 2) Approve Resolution 2022-32 – A Resolution Approving the Petition and Application for the Incorporation of the Mathis Homeowner’s Road District. E. Public Works 1) Approve the final, under/over Change Order #1 for the 2022 Mainline Pavement Markings Project, with a final decrease of $7,619.01 (-8.83%) and the Certificate of Final Completion and Acceptance.  2) Approve Change Order #3 for the 2022 Annual Pavement Maintenance Project with an increase of $9,114.00 and revise the final completion date to October 20, 2022. 3) Approve Change Order #5 for the Sandstone Hills Street Repair & Sewer Up Size Project with an increase of $32,812.22. 4) Authorize the mayor to sign the underground electric easement with Black Hills Power for Phase 2 of the Sky Ridge Housing Project. 5) Award the lowest responsive and responsible bid for the Snow Plow Tandem Axle Truck. The low bidder and amount will be presented at the council meeting on November 7, 2022. F. Public Safety 1) Authorize staff to accept a Department of Justice FY22 COPS Hiring Program (CHP) Grant with a federal award amount of $125,000.00. 2) Consent Agenda – Add Louis Antos and Zachary Wachsmuth to the volunteer firefighter list. Public Comment – A time for public comment was opened at 5:17 p.m. and closed with no comments being received. Administrator McFarland noted the rocket-ship structure in Evans Park has been closed for safety purposes. Safety Benefits has provided an independent review of the structure and the report will be reviewed during the upcoming council meeting. No additional discussions were held and the meeting was adjourned at 5:22 p.m.