Parks, Recreation & Forestry Advisory Board
Regular MeetingSpearfish, SD · March 18, 2021
Minutes
Parks, Recreation, & Forestry Advisory Board – MINUTES
Thursday, March 18th,2021 Council Chambers 7:30 A.M.
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CALL TO ORDER 7:31 A.M.
ROLL CALL Anundson, Coburn, Dardis, Griffith, Neilson, Running, Herrmann. Also, in attendance P & R
Director Ehnes, SRAC Facility Superintendent Rauterkus, PRF Superintendent McDonald,
Administrative Assistant Heiting, City Planner Watson, Code Enforcement Officer VanHolland, and
Public Safety Director Rotert.
APPROVAL OF AGENDA Motion by Coburn, Second by Anundson, motion carries with Anundson,
Coburn, Dardis, Griffith, Neilson, Running, and Herrmann voting aye.
APPROVAL OF MINUTES Motion by Dardis, Second by Anundson. Motion carries with Anundson,
Coburn, Dardis, Griffith, Neilson, Running, and Herrmann voting aye.
PUBLIC COMMENT
Public comment was opened at 7:35 A.M. with no comments received.
Next Meeting – April 15th, 2021 7:30 A.M. Council Chambers
Parks, Recreation, & Forestry Advisory Board – MINUTES
Thursday, March 18th,2021 Council Chambers 7:30 A.M.
ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions)
OLD BUSINESS
Board Items
• Lookout Tower
o Bill Ray with Clearview Tower presented information and a proposal to obtain a
ground lease on Lookout Mountain for a new tower. This proposal would allow
wireless service to be upgraded to 5G.
o Neilson questioned who Mr. Ray was and what company he represented. Mr. Ray
explained they are a tower company that builds towers all over the country for AT&T
and Verizon. Currently, they do not service any towers in SD.
o Dardis questioned what the backup plan was if this proposal was denied? Mr. Ray
explained at this time, he does not have a backup plan in place.
o Herrmann questioned how this tower would be beneficial to the community since
there are currently no issues with the current tower. Herrmann eventually removed
himself from the discussion due to his role as a council member.
o Neilson explained the history of Lookout Mountain and the history of the former
landowners protecting the land since 1980. The land was protected to provide
Spearfish with natural scenery.
o Motion by Griffith to reject the proposal, Second by Coburn. Motion carries with
Anundson, Coburn, Dardis, Griffith, and Neilson all voting aye and Running voting no.
• Q & A on staff update.
o No questions were received on the March staff update.
Director Items
Rec & Aquatic Center
Parks and Forestry
NEW BUSINESS
Board Items
• City Planner Watson discussed the concept of the Miller Ranch Development open space
requirement per the Park and Recreation Master Plan.
o A discussion was held on the Parks and Recreation Master Plan requirements. Watson
explained the process of the master plan, The Miller Ranch will be directed to this plan
for the open space design of the new subdivision.
Next Meeting – April 15th, 2021 7:30 A.M. Council Chambers
Parks, Recreation, & Forestry Advisory Board – MINUTES
Thursday, March 18th,2021 Council Chambers 7:30 A.M.
o Miller Ranch is projecting to incorporate fitness equipment, a walking path
throughout, and a small amount of playground equipment.
o Coburn questioned the potential fuel issue and suggested the Fire Department be
involved as potential problems arise. Watson advised that the City is requiring the
developer to create an Urban Interface Plan and stated that the Fire Department has
been involved in the process.
• Park and Recreation Department Annual Report.
o Park and Rec Director Ehnes, SRAC Superintendent Rauterkus, and PRF Superintendent
McDonald presented PowerPoints of the past year's accomplishments.
Director Items
Parks and Forestry
• Code Enforcement Officer VanHolland presented ordinance 1343-an ordinance amending
Section 19-73. Trees on private property and adding Sections 19-77, 19-78, and 19-79 to
Chapter 9 of the City Code of Ordinances. This ordinance would ensure consistency with
other ordinances when removing nuisance trees from private property.
• A discussion was held on an EAB Action Plan regarding trees on private property. This plan
would involve city staff determining the health and potential hazard of the tree and if the tree
should be removed.
o Motion to approve Neilson, Second by Coburn. Motion carries with Anundson, Coburn,
Dardis, Griffith, Neilson, and Running, all voting aye.
Rec & Aquatic Center
FYI ITEMS
• Budget season is coming up, Park and Rec Director Ehnes will be scheduling meetings with the
budget committee in the coming month.
ADJOURNMENT
• Motion to adjourn by Coburn, Second by Herrmann. Motion carries with Anundson, Dardis,
Neilson, Running, and Herrmann all voting aye. The meeting was adjourned at 8:35 A.M.
Next Meeting – April 15th, 2021 7:30 A.M. Council Chambers
Agenda
Parks, Recreation, & Forestry Advisory Board – AGENDA
Thursday, March 18th,2021 Council Chambers 7:30 A.M.
City Spearfish is inviting you to a scheduled Zoom meeting.
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CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
PUBLIC COMMENT
ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions)
OLD BUSINESS
Board Items
• Approve the proposal for a tower ground lease on Lookout Mountain.
Next Meeting – April 15th, 2021 7:30 A.M. Council Chambers
Parks, Recreation, & Forestry Advisory Board – AGENDA
Thursday, March 18th,2021 Council Chambers 7:30 A.M.
• Question and answer session on March staff update.
Director Items
Rec & Aquatic Center
Parks and Forestry
NEW BUSINESS
Board Items
• Jayna-Approve the Miller Ranch Development open space requirement per the park and
recreation master plan.
• Staff will present the Park and Recreation Department annual report.
Director Items
Parks and Forestry
• Daniel-Approve Ordinance 1343 - an ordinance amending Section 19-73. Trees on private
property and adding Sections 19-77, 19-78, and 19-79 to Chapter 9 of the City Code of
Ordinances.
Rec & Aquatic Center
FYI ITEMS
• Budget season is coming up, Park and Rec Director Ehnes will be scheduling meetings with the
budget committee in the coming month.
ADJOURNMENT
Next Meeting – April 15th, 2021 7:30 A.M. Council Chambers
AGENDA ITEM SUMMARY
Board Items-Old Business
DEPARTMENT: ___________________________________________________________
REQUEST:
Approve the proposal for a tower ground lease on Lookout Mountain.
JUSTIFICATION: (attach any additional justification and/or documentation)
Bill Ray from Clearview Tower Company is requesting a ground lease on Lookout Mountain to
install a new 100' tower. This proposal originally went to City Council several months ago and
was tabled. City Council said to go back and work with staff and come up with a new proposal.
This proposal is the result of those conversations. The PRF Board tabled this discussion last
meeting to take more time to discuss and decide. Attached are supporting documents showing
the ground lease and a sketch of the proposed tower.
N/A
FUNDING:___________________________________________________________
RECOMMENDATION: N/A
________________________________________________________
MEETING DATE
PRFAB:_________________________
3/18/21
Deadline: Friday 12:00 PM prior to board meeting, send electronically to the SRAC Admin Assistant.
February 18, 2021
TO: Spearfish Parks Recreation and Forestry Advisory Board
FROM: Tyler Ehnes, Parks and Recreation Director
Jayna Watson, City Planner
RE: New tower proposal for Lookout Mountain
Clearview Tower is requesting the approval of a lease on Lookout Mountain for a 104 foot tall
wireless antenna tower. The proposal is to remove the existing 58+/- foot tower owned by
Riverfront Broadcasting that contains Riverfront and AT&T’s antennas and replace it with the taller
monopole to enable up to three wireless providers (AT&T would be one) and replace Riverfront’s
equipment on the new pole also. The pole finish color is a dull gray.
The preliminary lease terms would be:
$20,000 annual rent with 2.5 annual increase – this would replace the current rent received
from Riverfront $4,392 resulting in a net increase in revenue from this lease site of $15,608
First lease period is 5 years with 6 automatic renewals at 5 years each
104 feet maximum height
LED light on the top
Fenced ground equipment – proposed ground lease area 25’ x 32’
Repair/replace any damage resulting from construction staging
Please see the attached for more information.
AGENDA ITEM SUMMARY
Board Items-Old Business
DEPARTMENT: ___________________________________________________________
REQUEST:
Question and answer session on March staff update.
JUSTIFICATION: (attach any additional justification and/or documentation)
This is our standing Q & A session for board members to have their questions answered
regarding the monthly staff update.
N/A
FUNDING:___________________________________________________________
RECOMMENDATION: N/A
________________________________________________________
MEETING DATE
PRFAB:_________________________
3/18/21
Deadline: Friday 12:00 PM prior to board meeting, send electronically to the SRAC Admin Assistant.
March Park, Rec and Forestry
Advisory Board Update
Director Update:
Exit 8 Rec Path Expansion:
The DOT phase one portion of the rec path came in just in time and it looks like that project will be
getting bid yet this spring with construction to start in early summer. From this point on, the RTP
and DOT phase 1 section will be under construction and I will work with other City staff and the
design team to finish up the design of DOT phase 2 which will complete the entirety of the path out
to the Reserve subdivision.
Sports Complex
We have finished the design development stage of the sports complex. I presented a presentation to
the City Council on Monday, March 1st for approval of the design and to move forward with the
construction design of the complex. The design team is still planning on bidding this project later in
the spring with construction to start in the summer of 2021 with a completion of fall of 2022. I am
still currently working with the fundraising committee and we should have a final product ready in
the next few weeks. I have started researching the RFP process for the naming rights of the
complex. We intend to request proposals for the naming rights of the complex to maximize the
amount of money for the complex.
Master Plan
The master plan was taken to City Council and adopted on March 1st. I interviewed with the Black
Hills Pioneer and they published an article on Tuesday, March 9th explaining the document. The
master plan is now posted on our website along with the results of the survey. Staff have already
put it to use and you will see its first application at our next board meeting when City Planner Jayna
Watson will be presenting a development plan for Miller Ranch.
Peoria and Rushmore Bridge Update
The bid opening date has been set for March 23rd, 2021. If awarded, this project will remove both
pedestrian bridges and then will place the Rushmore bridge near where the Peoria walk bridge was
located.
Rock Wall
The rock wall is nearly complete. The construction is finished and the BHSU Art Club has finished
painting the wall. The matting has been ordered and staff are working through the process of
getting it fabricated and shipped. Once the matting arrives, we will place the handholds and set
routes.
March Park, Rec and Forestry
Advisory Board Update
Bandshell
I have been working with Interstate Engineering, Williams and Associates, and Spread the Tunes on
a design of a new bandshell. Spread the Tunes has been fundraising for several years to help fund
the replacement of the current bandshell. Williams and Associates reached out to the School of
Mines and they have chosen the bandshell project as a student capstone project. This means that
the students will help with many aspects of the design process, put together a cost estimate and
present us a final product along with Williams and Associates help. This will greatly reduce the cost
of design. With this information, I plan on applying for grants for the construction of the bandshell
in the upcoming years.
Rec Center Changes
To combat our lost revenue and memberships due to COVID-19, the staff and I are making some
big changes at the SRAC. As mentioned above, we are constructing a rock wall, we are working on
a plan to allow the SRAC to be open to members 24 hours a day, 7-days a week, Brett and staff are
working on a COVID-19 water park plan so we can operate the water park safely in 2021. We have
transitioned to contract fitness instructors and have revamped our fitness classes to include offering
some free to members, and we are working on purchasing new fitness equipment to remain
competitive in the fitness community. With all these changes, we are planning a large grand re-
opening for the rec center this spring. We want to showcase the changes and projects as well as
showcase the changes made to the water park process. Barb Heiting is coordinating this event. The
event will take place mid-to-late April.
Parks, Rec, and Forestry Update
1. Rec Path flooding/ice event
a. Rec Path temporarily shut down under Jackson Boulevard, Rotary Park, Salem Park,
Rushmore Park
b. Everything currently open except for under Jackson Boulevard
c. Some mud and debris cleanup, no long-term damage
i. We will have to replace or repair the chain-link railing along the path that
goes under Jackson Boulevard, on the north side of Jackson, where the path
turns and heads from south to north
March Park, Rec and Forestry
Advisory Board Update
2. Ice Rink maintenance
a. Maintenance continued through the end of February
b. Unseasonably warm weather led to significant deteriorating ice conditions
c. Daily maintenance has been discontinued
3. Memorial Tree program
a. Fee resolution adopted by City Council at $600
b. Participants being contacted for spring planting
c. We Will go live and begin taking applications on March 26th, 2021
4. Arbor Day event – late April/early May
a. Planning Arbor Day event at Spartan Park near the Community Gardens
b. Tree planting to the west of Community Gardens
c. Guests/activities include:
i. Master Gardeners presentation
ii. Cycle Farms “seed bombs” activity
iii. Kindergarten students from Mt. View elementary invited
iv. Crow Peak Valley Ranger 4H club has been invited by the Master Gardeners
v. Activity with local citizen highlighting pollinator awareness
5. Brady Park
a. Playground feature had developed a large crack
b. Covered under warranty and replaced by Park Staff
March Park, Rec and Forestry
Advisory Board Update
Rec and Aquatics Update
Membership and day passes
• Our current membership is 1,415 this is a decrease of 84 memberships since last month.
About half of these are Nieman Enterprises memberships that expired in February.
• We have averaged 292 member check-ins per day since the last report. This is an increase of
55 check-ins per day.
• We have sold 952 day passes since the last report. This is an increase of 153 day passes. We
sold 431 adult day passes, 449 youth day passes, and 72 walking day passes.
Rate changes
• The membership rate change will go into effect on April 1st. All memberships and rentals
will now have one price.
24-hour access
• Gene’s Lock Shop has started installing the equipment needed to change one front door to
have a key fob reader for 24-hour access.
• We are working to start 24-hour memberships on or before April 1st.
Rock Wall
• The Rock Wall is 90% complete. All of the structure and painting are complete. We will be
adding the holds in the next few weeks.
• The area for the flooring has been scanned with a 3D Scanner to ensure the perfect fit. The
floor will be a light grey color.
Playground
• The dirt work for the new playground has been completed. The playground will be installed
in the next few weeks weather dependent.
Summer Rec
• The new rates for Summer Rec will go into effect on March 26th.
• Registration for Summer Rec will begin April 1st.
Waterpark
• 101 passes sold as of 3-11-2021.
March Park, Rec and Forestry
Advisory Board Update
• We have advertising going with Haugo radio group, Black Hills Pioneer, and the Rapid City
Journal. We will be adding additional advertising in April.
• Swim lesson sessions have been set with one session in June and two in July.
Fitness Equipment
• We are finalizing our order for new fitness equipment. We will be replacing several weight
machines that are 13 years old.
• We will also be adding some new equipment that will be unique to the Rec Center such as a
Jacob’s Ladder.
AGENDA ITEM SUMMARY
Board Items-New Business
DEPARTMENT: ___________________________________________________________
REQUEST:
Jayna-Approve the Miller Ranch Development open space requirement per the park and
recreation master plan.
JUSTIFICATION: (attach any additional justification and/or documentation)
A new development is being proposed on the Miller Ranch. Using our newly adopted park and
recreation master plan, staff have a recommendation on the park space requirement for the new
development. This is the first step in the decision making process. At a later date, the board
will need to discuss and recommend the site plan such as amenities, size and care/maintenance
of the site. It is the responsibility of this board to discuss the staff recommendation and make a
board recommendation to the developer and City Council. (See attached memorandum and
supporting documents)
N/A
FUNDING:___________________________________________________________
RECOMMENDATION: Staff recommends development of a park/open space.
________________________________________________________
MEETING DATE
PRFAB:_________________________
3/18/21
Deadline: Friday 12:00 PM prior to board meeting, send electronically to the SRAC Admin Assistant.
DATE: March 18, 2021
TO: Parks Recreation and Forestry Advisory Board
FROM: Jayna Watson, City Planner
RE: Miller Ranch Park Development Requirements
With the recent passage of the new Parks and Recreation Master Plan, the first review of a new
development proposal using the master plan criteria is required. Staff will be requesting the Board
to make a recommendation (described below) to City Council on what the Master Plan indicates
should be requirements for the parks on this project.
Chapter 4 of the master plan outlines the following process and conclusions which will be discussed
at the March 18 meeting.
Step 1a – Page 35 of the plan contains a flow chart that directs whether a discussion is required
about new parks. Because this property is greater than 1/3 of a mile from an existing city park, a
review of parks facilities is needed.
Step 1b - Based on an estimate of 350-400 residences on the property at full build out, this
translates to a population of between 882 and 1008 (using census data of average 2.52 persons per
household). Taking this number times the plan’s recommended .01 acres per person reveals that
between 8 and 10 acres of developed park space would be appropriate. The master plan illustrates
117 acres of natural open space. Within this 117 acres or in addition to it, the 8-10 acres of
developed amenity parks space is needed.
The actual amenities, features, and ownership and maintenance responsibility would be part of a
separate submittal later in the development process and the developer could opt for a central park
site or dispersed park sites. When the first milestone of 150 homes is approaching, the developer
will begin a detailed park planning effort as guided by the master plan for amenities and
ownership.
RECOMMENDATION:
1) A minimum of 8 acres of developed amenity park space is required for Miller Ranch; developer may
construct as one park site or separate sites with first phase to be built by developer after 150 homes
exist.
2) All natural / undeveloped open space to be privately owned/maintained.
AGENDA ITEM SUMMARY
Board Items-New Business
DEPARTMENT: ___________________________________________________________
REQUEST:
Staff will present the Park and Recreation Department annual report.
JUSTIFICATION: (attach any additional justification and/or documentation)
Each year staff are required to present an annual report of their departments to the City Council.
The annual report is an opportunity to allow staff to show their accomplishments of the
previous year and present what is coming this year.
N/A
FUNDING:___________________________________________________________
RECOMMENDATION: N/A
________________________________________________________
MEETING DATE
PRFAB:_________________________
3/18/21
Deadline: Friday 12:00 PM prior to board meeting, send electronically to the SRAC Admin Assistant.
Parks and Recreation
2020 Year in Review
From the Park and Rec Director
2020 Accomplishments
10-Year Parks and Rec Master Plan
Grants
Pickleball Court Completion
10-Year Parks and Recreation Master
Plan
Worked with Assistant City Planner Daniel Van Holland, City Planner Jayna
Watson, BHCOLG, and the PRF Advisory Board Master Planning Committee.
Conducted data collection developing a community input survey that
received over 1,300 responses. Held 3 community input sessions.
Developed decision criteria for park and rec expansion, developed a
project priority list for short term capital planning and a benchmark analysis
comparing Spearfish parks and rec to other regional communities.
10-year planning tool that will help staff and decision makers with short-
and long-term planning of park and recreation development.
Grants
The Park and Rec Department applied for and received
$400,000 in grants
$400,000 Transportation Alternative Grant for the Exit 8 Path
Phase 2.
Pickleball Court
Construction
Demolition of the old
basketball/tennis courts by parks
staff
Grading done by GTI Companies
Court built by Renner Sports
Overall Cost of $245,598.37
Reimbursed $70,000 LWCF
Reimbursed $25,000 through
Wellmark Grant by PB Club
Club to reimburse $5,000/year for 5-
years.
Parks, Recreation, Forestry, Spectator Rec,
Campground, and Cemetery
2020 presented challenges for our
department which were overcome
thanks to the dedication of our full-
time staff, part-time staff, seasonal
employees, volunteers, and partners in
the community
From disinfecting playground
equipment to procedural changes at Full-time
the campground, we were able to employees Jeff
meet these challenges while still Bardsley (left)
and Cole
providing services to the community,
Anderson (right)
making improvements to our facilities, observing CDC
and strengthening our partnerships protocols to
with local organizations work safely
during the
pandemic.
Parks, Recreation and Forestry facility
improvements and projects
Adopt-A-Park program Indian Springs gazebo landscaping and
Community Gardens partnership with Northern volunteer landscapers
Hills Master Gardeners
Peace and Pollinator garden at Rotary
Chinook Days 2020 Park
Bike Skills Park site prep/Beginner Loop trail gate Sod installation at Spartan Dog Park
Stage demo and rebuild at the Rec Center
Little Ripper trail prep with Wildland fire
Tennis court demo crew volunteer help
Rock wall disassemble Kenadi Jean Weis sign install at Kenadi’s
Playground woodchip donation from Spearfish Playground in Jorgensen Park
Forest Products
Tetherball install at Reserve Park
Walk bridge build at Evans Park for Creekside
access Metalophone install at Rotary Park
Campground improvements and new COVID-19 Rec Center turf install
protocols
Volunteer tree plantings at City Park Winter Wonderland light displays
Wildland fire crew volunteers at Lookout Christmas tree drop-off delivery
Adopt-A-Park program
Created in 2020
5 parks were adopted in 2020 and will be re-adopted in 2021
New applications are currently being accepted and reviewed
Rotary Club @ Rotary Park BHSU Volleyball @ Salem Park A/B Construction @ Jorgensen Monument Health @ City Park
Community Gardens at Spartan Park
Partnership established with the Northern Hills Master Gardeners in 2020
Projects included: fence demo, site cleanup, living roof restoration
(Left to right): old fence with newly stained gate, wind damage, living roof restoration – before picture of planting area.
Bike Skills Park volunteer day
Volunteers working on the first features at the Bike Skills Park
Rock wall disassembly
Project completed by Parks and Rec Center staff
Volunteer tree plantings at City Park
Thanks to Mark and Mary Tracy for volunteering to plant 3 trees at City Park
Mark and Mary planted a linden, an Ohio
buckeye, and a hackberry.
Volunteering in our Parks
Thanks to Todd Klopp for volunteering to cleanup areas with overgrown vegetation
along the Rec Path through the campground and along South Canyon street
Todd, a Spearfish resident and schoolteacher in
Sundance, trimming areas along the Rec Path
Peace and Pollinator Garden at
Rotary Park
Partnership between the Parks and Rec, Northern Hills Rotary Club, BHSU
Sustainability Program, and Beautify Spearfish
Project received national recognition in the Rotarian Club newsletter
(Left to right): sod removal, Peace Post site prep, and the finished Peace and Pollinator Garden
Rec Center turf installation
Site prep and install done by Parks staff
EAB plan
Ash tree mitigation continued in the fall/winter of 2020 with the removal of low-value ash
trees in the parks system
Wood chips were used to cover fairways at the Disc Golf course at Winterville
Viable firewood was saved by Parks staff and made available for free to the public
2 ash trees removed from the campground
that showed a significant amount of interior
decay. One tree was located in a primitive
camping area, the other was along the Rec
Path on the south end of the campground
Parks vision for 2021
To continue to be good
stewards of our public lands
by implementing eco-
friendly and sustainable land
management practices,
strengthen our relationships
with community groups and
local businesses, and provide
safe and accommodating
facilities and outdoor
environments for our citizens
and visitors to enjoy
View of Spearfish Canyon from the canyon rim
Recreation and
Aquatics Center
2020 brought many changes to
the Rec Center, including closing the
waterpark for the season; moving
staff to other departments for the
summer; canceling summer rec for
the season, and operating a daycare.
Covid-19 Daycare
On Friday, March 13th we closed the Rec Center to the public for Covid-19 concerns. The
following Monday we re-opened the Rec Center as a daycare for City staff and essential
workers.
47 children were registered for this service.
We averaged 9 participants per day in March, 14 participants per day in April, and 18 participants
per day in May.
We partnered with the school district to provide the children with lunch each day.
Summer daycare June-August. We opened the Covid-19 daycare up to anyone in need
and started charging for the service.
32 children were registered for this service.
Registration fees totaled $11,435.
Kids Point Daycare
This partnership helped meet a great need in our community.
New fencing was installed to create a safe path of exit onto and through the pool deck.
A new playground was purchased and a fenced-in area was created.
Re-opening
On Monday, May 18th we re-
opened to members 12 and
older with limited hours.
On Monday, June 1st we
opened the Rec Center to the
general public with hours
from 5:30 am-7:30 pm.
In September we started
reintroducing the after-school
activities, fitness classes,
clinics, and leagues with
modified numbers and social
distancing in place.
Activities
Even with Covid-19, we were able to provide many activities including:
Drive-in movies
Received recognition by Governor Noem in her
speech to the department of tourism.
Youth football leagues
Sand volleyball league
5-on-5 and 3-on-3 basketball leagues
Babysitting classes
Art classes
Youth basketball clinics
Youth archery clinics
Archeology class
A variety of fitness classes
Recreation &
Aquatics Center
2021 projects
Complete the rockwall project.
Institute members-only
swimming for the waterpark.
Increase our memberships.
Provide 24-hour access to the
fitness areas.
Install the playground purchased
in partnership with Kids Point.
AGENDA ITEM SUMMARY
Park, Rec and Forestry-New Business
DEPARTMENT: ___________________________________________________________
REQUEST:
Daniel-Approve Ordinance 1343 - an ordinance amending Section 19-73. Trees on private
property and adding Sections 19-77, 19-78, and 19-79 to Chapter 9 of the City Code of
Ordinances
JUSTIFICATION: (attach any additional justification and/or documentation)
Ordinance 1343 changes how staff will investigate and abate nuisance trees located on private
property. In addition, it adds language and procedures to address emerald ash borer (EAB) or
other major tree infections.
In general, the ordinance:
-redefines what constitutes a nuisance tree, which includes signs/symptoms of EAB and other
wilt diseases
-makes the process more consistent with current code enforcement procedures
-creates the Nuisance Tree Determination Form to provide better evidence/standing in
addressing nuisance trees on private property
-gives authority, in emergencies, to the (forthcoming) Wilt Disease and Invasive Species
Response Plan
-creates a hazardous tree emergency for when EAB or other tree infections occur
1st Reading: April 5, 2021
2nd Reading: April 19, 2021
Published: April 24, 2021
Effective: May 14, 2021
N/A
FUNDING:___________________________________________________________
RECOMMENDATION: Staff Recommends
________________________________________________________
MEETING DATE
PRFAB:_________________________
3/18/21
Deadline: Friday 12:00 PM prior to board meeting, send electronically to the SRAC Admin Assistant.
ORDINANCE NO. 1343
AN ORDINANCE AMENDING CHAPTER 9 VEGETATION, ARTICLE II. TREES,
DIVISION 3. PLANTING AND MAINTENANCE, SECTION 19-72. TREES ON PRIVATE
PROPERTY AND ADDING SECTIONS 19-77 WILT DISEASE AND INVASIVE SPECIES
INFORMATION AND ADVISORY GUIDE, 19-78 HAZARDOUS TREE EMERGENCY
DECLARATION AND 19-79 ADDITIONAL POWER OF ADMINISTRATIVE STAFF OF
THE REVISED ORDINACES OF THE CITY OF SPEARFISH.
BE IT ORDAINED by the Common Council of the City of Spearfish, that Chapter 9
Vegetation, Article II. Trees, Division 3. Planting and maintenance, Section 19-72. Trees on private
property will be amended and Sections 19-77 Wilt Disease and Invasive Species Information and
Advisory Guide, 19-78 Hazardous Tree Emergency Declaration and 19-79 Additional Power of
Administrative Staff with the following text (proposed new language is noted in underlined text,
proposed deletions noted with strikethrough.):
Sec. 19-73. Trees on private property.
(a) Dead, dying, diseased, decayed, and defective trees or other woody plants that create a public
safety hazard or harbor pests and/or infections harmful to other vegetation are hereby declared a
public nuisance. Any tree displaying signs of an Emerald Ash Borer presence, Dutch Elm Disease,
Chestnut Blight, Oak Wilt, or any other wilt disease or invasive species presence are hereby declared
a public nuisance.
(ab) The city shall have the right to inspect and remove or cause to be removed, in full or in part,
any tree or woody plant determined to be a nuisance, dead, or diseased tree on private property if
such trees constitute a hazard or harbor pests harmful to other trees. The forester City will shall
notify the property owner, agent, or occupant that the tree is a public nuisance and direct the
property owner, agent, or occupant to abate the nuisance. The notice and order to abate will be in
writing and sent by certified mail, return receipt requested or hand delivery. In the event the owner
shall fails to correct the nuisance within the stated timeframe, the city may abate the nuisance and
charge the cost of abatement and administrative costs to the property owner, agent, or occupant. If
full payment is not received within thirty (30) days, the city may tax the cost of the abatement and
administrative costs by special assessment against the real property.
(c) City staff will prepare a Nuisance Tree Determination Form explaining how a tree is
noncompliant. A copy will be sent to the owner(s) with the official notice.
(b d.) A person who is the subject of a nuisance notice and order to abate may appeal the order
to the Common Council by submitting a written appeal to the City Council within seven (7) days
from the date the notice is postmarked or hand delivered. subject to the limitations in section 19-74.
(e) If, in the city’s determination, a tree or woody plant poses an immediate threat to human life or
safety, the city may immediately remove the threat.
[…]
Sec. 19-77. Wilt Disease and Invasive Species Response Plan
The city is hereby required to establish and maintain an administrative policy entitled the
City of Spearfish Wilt Disease and Invasive Species Response Plan which describes how the city will
address and regulate such things as storage of wood and removal of trees during an outbreak of a
disease or an invasive species. The policy has the weight of law.
Sec. 19-78. Hazardous Tree Emergency Declaration
When evidence confirms the presence of diseases or invasive species, such as the Emerald
Ash Borer, the Mayor and Council may declare a hazardous tree emergency. During a hazardous tree
emergency, the City of Spearfish Wilt Disease and Invasive Species Response Plan will guide city
policy on tree maintenance, removal, and storage of wood. An emergency event will end once the
Mayor and Council declare the emergency to be over.
Sec. 19-79. Additional power of administrative staff.
The administrative staff shall have the power, during a hazardous tree emergency
declaration, to close any park, street, sidewalk, or portion of street or sidewalk which is under the
jurisdiction of the city to all public use, if necessary, for public safety and efficient removal and
maintenance of impacted trees. City staff or agents may enter private property to remove any
infected wood or trees.
Dated this 5th day of April 2021.
CITY OF SPEARFISH
By: ____________________________
(Seal) Dana Boke, Its Mayor
ATTEST:
________________________________
Michelle De Neui, Finance Officer
1st Reading: April 5, 2021
2nd Reading: April 19, 2021
Published: April 24, 2021
Effective: May 14, 2021
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