Unofficial Minutes of the Regular Meeting of the City Council
of the City of Hot Springs
December 21, 2020
A regular meeting of the City Council of the City of Hot Springs, South Dakota, was convened on December 21, 2020 at 7:00 p.m. at the Mueller Civic Center with Mayor Bob Nelson presiding
Members Present: Wes Grimes, JR Huddleston, Debra Johnston, Bill Lukens, Larry Pratt, Craig Romey and Caitlin Turner
Members Absent: David Burris
Staff Present: City Administrator John Gregory, Finance Officer Misty Summers-Walton, Recreation Director Kathy Hren, MCC Staff Karl Bochert and City Attorney Garland Goff
All actions recorded in these minutes were by unanimous vote unless otherwise stated.
Agenda: Mayor Nelson noted a change to the date needed on new business item L from 2/1/21 to 2/10/21. Moved by Huddleston, seconded by Johnston, to approve the amended agenda
Minutes: Moved by Romey, seconded by Turner, to approve the minutes from the 12/7/20 regular council meeting
Claims: Moved by Turner, seconded by Pratt, to approve the bills in between of $116,444.67
Bills In Between: Dec 21, 2020: City of Hot Springs, $24,802.28, General Payroll; City of Hot Springs, $5,481.61, Golf Payroll; City of Hot Springs, $8,926.36, Water Payroll; City of Hot Springs, $6,791.66, Sewer Payroll; City of Hot Springs, $8,773.81, Evans Plunge Payroll; City of Hot Springs, $15,384.47, Payroll Deductions; SDRS, $16,901.12, Retirement Reporting; SDRS Supplemental, $220.00, Happe, Summers-Walton Retirement Reporting Chamer of Commerce, $720.27, 80% LLD; Black Hills Energy, $8,421.58, Utilities; Fall River Sanitation, $14,871.35, Payments Collected; SD Dept of Revenue, $2,880.65, Sales Tax Reporting; Verizon Wireless, $438.05, Monthly Charges; Golden West, $1,777.53, Monthly Charges; Custer-Fall River Regional Waste Mgt, $53.93, Solid Waste Landfill Fees; Total: $116,444.67
Moved by Romey, seconded by Turner, to approve the current claims of $104,284.54
Current Claims: Dec 21, 2020: Ace Hardware, $1,371.83, Cable, Fasteners, Batteries (Council Equp); Alsco, $96.85, Towels, Mops, Urinal Mats, Air Freshner; Amerigas, $1,149.74, 359.6 Gal at $1.11 Gal; Black Hills Special Services, $1,093.00, Sept & Oct Janitorial; Bomgaars Supply, $2,233.63, Inner Tube; Builders Firstsource, $503.67, Leaf Rake; Center Point Large Print, $276.50, 2020 Change Of Pre-Paid Book Plan 3/2020 - 2/2021; Century Business Products, $385.68, Nov 2020 Printer Contract; City Of Rapid City, $1,380.60, Sludge Disposal Rc Landfill; Vamc, $1,220.75, Cwt Worker 48.5 Hr at $9.50Hr; D & R Service Inc, $6,006.63, Repair Heat Pump (North Gym), Thermostate, Valve, Lock Box, Flushed Unit; Dales Tire & Retreading, $730.50, 4 Tires (Bucket Truck); Deines Irrigation, Inc, $23,718.00, New Pump, Shaft Complete Assbly; Dollar General -Regions 410526, $14.75, Xmas Wrap Paper, Storage Bags, Brown Bags; Door Security Products, $240.00, Dec 2020 - Nov 2021 Annual Burlgar Alarm Monitoring; Fall River Auto, $169.07, Oil Filter (2019 Charger); F. R. County Auditor, $1,792.54, Nov 2020 Highway Fuel Usage; Fall River County Herald Star, $23.94, July 29, Aug 26 Library Proceedings; Fedex, $13.59, Ship Evidence; Hills Edge Auto, $334.95, Transmission Flush, New Filter (2009 Chev); Hills Toilet Service, $25.00, Port-A-Pot Rental Nov 2020; Hillyard/Sioux Falls, $663.41, 4 Cs Hand Sanitizer; I & S Group Inc, $10,693.75, Suspended Sidewalk Proj #18-22567 Final Design & Final Permitting Thru 11/30/20; Kzmx Radio, $214.00, 60 Commercials Bulk Rate & Public Service Annoucements; Lakota Contracting Inc, $728.95, Body Armor, Crossover Carrier; M. G. Oil Company, $2,782.41, Diesel; Marco Technologies Llc, $225.91, Nov, Dec 2020 Printer Contract; Midcontinent Testing Laborator, $125.00, Nov 2020 Water Testing; Miracle Recreation, $214.00, Climbing Rope (Brookside); Northwest Pipe, $3,534.02, Sleeve, Restraint, Blue Pipe; Elton Zornes, $300.00, Tre Removal (Brookside); Pheasantland Industries, $88.30, 24X24 “Local Rule”; Plumbing Heating & A/C Service, $1,134.68, Replace Pressure Reducing & Tempering Valves (Hot Water Heater); Qualified Presort Service,Llc, $563.58, Nov 2020 Water Post Cards & Postage Due; Rapid Delivery, $13.23, Delivery Charges (North Central Int Part); Sander Sanitation Services, $75.00, Roll Off Rent-Return/Pick Up Fee; Servall, $36.73, Towels 12/8/20; Signs Now, $5,783.60, Decal Graphics (2017 Durango); Simon North Region Sd, $554.22, Base Course (24Th St) Sirchie Fingerprint Laboratori, $89.75, 5 Assorted Drug Tests; South Dakota One Call, $39.20, Nov 2020 Message Fees; Southern Hills Fire & Safety, $1,223.30, 15 Annual Extinquisher Inspection; Specialty Cigars International, $128.00, 2 Bx Cuba Cigars; Sterling Computer Products, $100.75, 2 100Pk Vinyl Gloves, 2 Bg Disinfectant Wipes; Sturdevants Auto Parts, $340.48, Strip Off Remover (2013 Ford); The Toro Company - Nsn, $155.00, Dec 2020 Irrigation It Support; Theresa Maas, $605.20, Dec 2020 Janitorial; Titan Machinery, $757.64, Diagnose 77 Backhoe- Check Pump Flow; Warne Chemical, $656.25, Propironozole, Pegarsus, Transfilm; Wyatt Van Eaton, $6,034.00, Repair Fence Around Landfill; World Fuel Services, $23,535.27, 8100 Gal 100Ll Aviation Gasoline at $2.91 Gal; Yesco Outdoor Media, $107.69, 21807N Sr79 Mm27 E/S N/F Billboard; Total: $104,284.54
Communications from the Public: Debra Johnston-Presented a petition on behalf of herself and fellow adjacent property owners; Frank & Lynn Mason, Vern Hagedorn, Randy Seiler, Shane & Laurie Theilmann & Lonnie Miller, to vacate an unused alley legally described as East/West Platted Alley in Block 17, Fargo & Prentice Addition, Hot Springs, Fall River County, South Dakota. Councilman Romey questioned why the City was not listed as a property owner, City Attorney Goff said the City does not need to petition itself but agreed the Mayor would have the authority to sign the petition on behalf of the City and Council could accept or reject the request after the public hearing. Councilwoman Turner mentioned the County should also be listed on the petition. Councilman Huddleston asked for assurance that P&Z reviewed and recommended the approval of the request which Johnston confirmed. Councilman Grimes asked for confirmation that there are no utilities present in the alley to be vacated and City Administrator Gregory confirmed there were none. Public Hearing will be set at next regularly scheduled meeting provided an updated petition with additional signatures is received prior.
Quarterly Updates: Olivia Mears-Hot Springs Chamber of Commerce, Executive Director provided a 4th quarter report of Chamber events & activities. The Chamber applied for and received $38,900 of SD Tourism CARES act funding for destination marketing, all money must be spent 12/30/20 so the Chamber hired Evergreen Media, part of the campaign allowed them to shoot HS video footage, which can be combined with future footage to build digital library. Planning peak season campaign, placing ads in SD Vacation Guide, SH Vacation Guide and Black Hills Visitor. Will be working with SD Magazine next year as they plan to do a number of stories on Hot Springs, co-op advertising will be offered to Chamber Members. Tourism committee pursuing ongoing campaign designating Hot Springs as “The Picture City”. Working on Chamber website upgrades, working with FRC Herald/Star on 2021 Hot Springs Welcome Magazine, also working on new City Map and Dining Guide. Retail and Business had a successful Merchants Trick or Treat, running a “Shop small, shop local” campaign, ran a full page color ad in the Rapid City Journal Thanksgiving weekend to encourage shopping in HS, sponsored storefront decoration contest, optimistically planning usual events for 2021, hired Jarret Weimer to begin 1/4/21 as Executive Assistant and Events Coordinator. March will hold the 81st Annual Chamber Meeting and Awards Dinner, seeking nominations for Citizen of the Year, Joyce Farrell Youth Volunteer of the year, Retail Business, Hospitality Business and Service Business of the Year and Community Pride awards. Thanked the City, Council, City, Chamber Board of Directors, Committee Members and Staff for support and wished all a very Merry Christmas and Happy New Year!
Council Update: Kathy Hren, Recreation Director provided a year-end report. The program was able to offer 5 activities and 1 clinic this year, they received $146.75 from free will donations from open gym activities at the Mueller Center, Recreation explored several different new activities that may go into 2021, if allowed. A new baseball scoreboard was purchased and installed utilizing funds from the wage donations made by the instructors of the baseball program. Hydrant parties at the Library were a hit and there are plans to continue the event next year. She thanked several folks for letting her do whatever recreation she could do this year and for the help they all provided. Mayor Nelson asked if she had talked with other recreation folks and if they are seeing the same things we are and she said communities were all over the board with some offering programs and some cancelling them, stating it was “an interesting year across the State.”
Personnel: Moved by Huddleston, seconded by Grimes, to approve personnel items a-c; Marcus Heerdt, FT Assistant Library Director, $12.32/hr. effective 12/22/20, Jon Wishard, FT Animal Control Officer, last day effective 12/22/20, Malisa Niles, PT Library Clerk, last day effective 12/18/20
Ordinance: Moved by Lukens, seconded by Turner, to approve the second reading of Ordinance 1222: An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the City of Hot Springs and declaring an emergency. A roll call vote was taken with all present voting in favor
Ordinance No. 1222
City of Hot Springs Code of Ordinances-Adopting Ordinance
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF HOT SPRINGS, AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the first supplement (2020-S1) to the Code of Ordinances of the City of Hot Springs, which supplement contains all ordinances of a general and permanent nature enacted since the prior codification of the Code of Ordinances of this City through Ordinance 1213 passed 5-18-2020; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS:
Section 1. That the first supplement (2020-S1) to the Code of Ordinances of the City of Hot Springs as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2. Such supplement shall be deemed published as of the day of its adoption and approval by the City of Hot Springs and the Finance Officer of the City of Hot Springs is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Finance Office.
Section 3. This ordinance is declared to be an emergency measure necessary for the immediate preservation of peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS ON THIS DAY OF DECEMBER 31, 2020
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
First reading: 12-7-20
Second reading: 12-21-20
Resolutions: Moved by Turner, seconded by Johnston, to approve 2020-34: Contingency Transfer Resolution
Resolution No. 2020-34
Contingency Transfer Resolution
WHEREAS, The City of Hot Springs did approve a line for contingency transfers in the 2020 annual budget in accordance with SDCL 9-21-6.1; and,
WHEREAS, The City of Hot Springs finds it necessary to transfer from said contingency line;
NOW THEREFORE IT IS HEREBY RESOLVED by the Hot Springs City Council, that the following amount(s) be transferred:
From: General Fund Contingency –101-41150-51100 ($6,080 remains) $11,000
To: Mueller Civic Center –101-45600-42530-(heating system repairs) $9,500
Development Coordinator-101-42320-42700 (IBC training class) $1,500
Dated: December 21, 2020
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
New Business: Moved by Johnston, seconded by Pratt, to approve the Emergency 2021 Garbage Service Contract with Sander Sanitation at $10.34 residential service and $3.98 recycling
Moved by Turner, seconded by Pratt, to authorize the Mayor to sign a corrective quit claim deed, granting all interest in All that portion of the Burlington Northern Railroad Company’s 50.0 foot wide Minnekahta to Hot Springs, South Dakota Branch Line right of way, now discontinued, being 25.0 feet wide on each side of the Main track centerline as originally located and constructed upon, over across the S1/2S1/2SE1/4 of Section 10, Township 7 South, Range 5 East of the Black Hills Meridian, Fall River County, South Dakota, from the City of Hot Springs to Donna Jenniges-correction of legal description from deed approved 11/2/20 meeting
Moved by Lukens, seconded by Turner, to approve 2021 Evans Plunge Mineral Springs assignment of lease site for billboard located south of Maverick Junction on US HWY 18-385 with Gary and Sharon Romey
Moved by Huddleston, seconded by Johnston, to approve 2021 Evans Plunge Mineral Springs assignment of lease site for billboard located south of Minnekahta Junction on US HWY 18 with Scott Phillips
Moved by Pratt, seconded by Turner, to re-appoint Vickie Hauge and Vicky Wetzel to the Business Improvement District Board for 3 year terms (2021-2023)
Moved by Lukens, seconded by Pratt, to authorize Finance Officer to transfer 2020 subsidies budgeted from 212 (Additional Sales Tax) to 621 (Evans Plunge) in the amount of $45,000
Moved by Grimes, seconded by Turner, to approve budgeted 2021 COLA increase of .30¢/hr. for all full-time employees effective 1/1/21
Moved by Johnston, seconded by Huddleston, to approve 2021 hourly rate increase of .15¢/hr. for all Part-Time and Seasonal employees effective 1/1/21, the amount is equal to the amount of the required state minimum wage increase
Moved by Turner, seconded by Johnston, to accept a 2021 Economic Development Grant from the State Department of Transportation for project # CA 021A PCN 08DT and authorize the Mayor to sign the Community Access Grant Agreement. The $580,000 grant will be used to assist in the improvement of portions of 17th Street, 19th Street, Lincoln, Washington and Jennings Ave
Moved by Lukens, seconded by Romey, to approve an automatic budget supplement of $244,194.81 to the Additional Sales Tax Fund (212-21200-43300) for the Jennings Ave bridge construction. Reimbursement revenue received from BIG grant funding
Moved by Turner, seconded by Lukens, to authorize the Finance Officer to reissue the maturing CD at 1st Interstate #6801001077 (602 Water-DSR) for a 12mo. term at .15%
Moved by Pratt, seconded by Grimes, to approve and advertise the request for proposals (RFP-2021) for the Wesch- Oak building demolition services with City retaining salvageable sandstone blocks, which includes an Alternate (add-on cost) bid item for saving the West façade. Bids received until Feb. 10, 2021
Moved by Lukens, seconded by Huddleston, to approve and advertise the request for proposals (RFP) for a “base”+ 3-year COHS lighting and maintenance agreement/contract for ALL - 376 city-owned street, parking and walkway lights, which includes: Hwy 385, Hwy 18-by-pass, University Ave., Evans Plunge, Freedom Trail, Golf Course, Mueller Center, traffic signal, etc. (excludes BHE street lighting). Bids received until Feb. 10, 2021
Committee Reports: Committee reports were heard by; Administrative and Finance: Caitlin Turner-Next mtg. 1/4, 1 p.m. at MCC. Airport Advisory Committee: Bill Lukens-Next mtg. 12/31, 8 a.m. at Airport. Custer/Fall River Regional Waste Management District: Larry Pratt-Next mtg. 1/14, 7 p.m. at MCC. Historic Preservation Commission: Debra Johnston-Next mtg. 1/6, 5 p.m. at MCC. Evans Plunge Advisory Committee: Larry Pratt-heard public request to extend hours & reopen health club, modified hours of operation were discussed and agreed, future planned improvements of health club will impact re-opening decision, Lifeguard training to fill open positions discussed Next mtg. 1/14, Noon at EPMS. Parks, Recreation, Beautification & Cultural Development: Wes Grimes-Next mtg. 1/6, 3 p.m. at MCC. Planning & Zoning Commission: Caitlin Turner-Next mtg. 1/20 6 p.m. at MCC. Public Safety: Bill Lukens/JR Huddleston-limited staffing, new officer, moving campers & trailers in compliance with ordinance, PD vehicle policy outline, nothing yet on floodwall by Americas Best Value Inn or Amendment A & IM26 (marijuana laws), adopted public safety charter, encouraged enrollment in Code Red emergency notification system sign up on city website, small team made up of employee of PD and Maintenace will systematically review traffic control signage. Next mtg. 1/20, 1 p.m. at MCC. Public Works: John Gregory-project update Jennings Bridge, nuisance violations-campers & other recreation vehicles, identified 23 sandstone blocks for use in public spaces of suspended sidewalk project, vacating alley near armory bldg., alley maintenance will resume mid-January, Lower Chautauqua spring vault to be filled in sometime in Jan., City & Dietzler working to remove cattails in river along Centennial Park, sewer repairs at Bluebird Mesa, Pump replacement at Evans pumping station, repair of PRV valve near golf course, plans to burn brush pile in Feb. Next mtg. 1/12, 1 p.m. at MCC. Southern Hills Economic Development: JR Huddleston-no report, next meeting TBD. Southern Hills Golf Course Advisory Committee: Bob Nelson-course is closed. Next mtg. TBD. The public is welcome to attend committee meetings.
Finance Officer Report: We have officially posted the opening for a new Administrative Assistant at City Hall, this is NOT a replacement of an existing employee this is a NEW position that will assist the Finance Office as well as the Development Coordinator and the Utility Billing Clerk, this is a full-time, benefitted position with the City. Other current openings include; FT Animal Control Officer, FT Water Maintenance Operator, PT Maintenance Operator and PT Lifeguards at EPMS. Moving forward with the 2021 purchase and implementation of new time tracking software city wide that is designed to work in conjunction with our existing payroll. It can be a timeclock (barcode access cards available) or allow for manual entries. We are very excited to begin rolling this out to all departments within the City as soon as possible in the New Year. I received a citizen request to remove the word “downtown” from the Historic Preservation Commission as the district represents more than just “downtown” businesses. On December 18th Governor Noem signed an Executive Order 2020-34 extending a number of previously suspended statutes and administrative rules and terminating some related to the COVID-19 outbreak, more details can be found at www.covid.sd.gov/executive-orders . Reminders that City Offices will be closed the 24th and 25th of December. Merry Christmas and Happy New Year.
City Administrator Report: Described a recent meeting with USACE to update “flood study” of Fall River based upon recently compiled 2020 hydrology data and new, HEC-HMS drainage basin modeling technology. SD-DOT has provided information for updating “wayfinding signage” to be included in the post, Hwy 18/385 reconstruction plan. Discussed progress at Jennings Bridge replacement, including planned date(s) for bridge opening for public-use and additional work items to be performed in spring-2021. Provided the Council with (2) RFP’s, incl. Wesch-Oak Bldg. demolition and the planned (city-owned) Lighting Maintenance contract. Council reviewed and approved the emergency garbage services contract as prepared for Sander Sanitation, eff. 2021. Described the joint efforts of Dietzler and COHS Maintenance Dept. to remove cattails from Fall River Channel as part of planned revitalization and public-use improvements. Summarized recent activities of our Streets, Maintenance, Parks and Utilities Departments, which included: bleachers rebuild for Butler Park; various sewer and water repairs; itemized damages warranting repairs associated with fiber optic installations in 2020; and planning/purchases for the pump replacement at Evans Pump Station. Presented the Holiday schedule for Evans Plunge operations with extended hours as requested and approved by EPAC.
Mayor Report: 2020 quickly became a year that challenged our community, our City employees and the City Council. The COVID virus created many situations that we didn’t have immediate answers for. How would the virus impact our revenue, how would it impact the many projects that were already in progress or projects that were starting in 2020. How the residents of Hot Springs and Fall River County would be affected by the virus. The virus has taken members of our community from us and we should remember those individuals in the years to come. They will forever be a part of the story we share with each other down the road, about the COVID virus of 2020. As the City of Hot Springs the impact of the virus didn’t hit us as hard as we originally feared. Revenue was down in some cases and up in others. Our employees continued to provide great service to our residents in spite of some of those employees dealing with the virus themselves. Their fellow workers stepped up to continue providing the best service they could with limited staffing. My hope is, with the availability of two new COVID vaccines, all of us will begin talking about the virus in the past tense and life will return to more of a pre-COVID normal. To our City employees, thank you for the continued professionalism you demonstrate every day as you work to serve your fellow residents. To the City Council, thank you for the commitment you bring to serving your fellow constituents. It’s not easy to make the right decision for the future of Hot Springs knowing that decision may be the exact opposite to what some of your voters want from you. To the residents of Hot Springs, thank you for your participation in the day-to-day running of Hot Springs. Your voice is at the heart of a progressive and prosperous community. You need to hold your Council representatives and myself accountable. When we don’t meet your expectations, where we can, we should strive to be better in the future. And finally, as we close out 2020 and look to 2021 with excitement for all the possibilities and opportunities Hot Springs has in front of us, I wish all of you a Merry Christmas and a Happy New Year.
Executive Session: Moved by Huddleston, seconded by Romey, to go into executive session under SDCL §1-25-2(1)-Personnel at 8:06pm. Mayor Nelson noted there would be no action taken afterward. Mayor Nelson, City Attorney Goff and Councilmembers Grimes, Huddleston, Johnston, Lukens, Pratt, Romey and Turner attended. At 8:29 p.m. all present exited the executive session and the meeting resumed
Adjournment: Being no further business to come before the Council, moved by Romey, seconded by Pratt, to adjourn at 8:30 p.m.
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $258.30
Published: Dec. 31, 2020