Proceedings

Unofficial Minutes of the Regular Meeting of the City Council
of the City Of Hot Springs
May 15, 2023
A regular meeting of the City Council of the City of Hot Springs, South Dakota, was convened on May 15, 2023 at 7:00 p.m. at the Mueller Civic Center with Mayor Bob Nelson presiding
Members Present: Dave Burris, JR Huddleston, Debra Johnston, Bill Lukens, Malisa Niles, Larry Pratt, Craig Romey and Linda Varvel
Staff Present: City Administrator Jeff Temple, Finance Officer Misty Summers-Walton, Public Works Engineer Tracy Bastain, Police Chief Ross Norton, MCC Staff Karl Bochert and City Attorney Garland Goff
ALL ACTIONS RECORDED IN THESE MINUTES WERE UNANIMOUS UNLESS OTHERWISE STATED
Agenda: Mayor Nelson requested the following amendments to the agenda; coding change, current claims Pg.4 to Emerald Hydro-Turf split between parks & cemetery-delete streets, Public hearing change 7 applications to 4, New business item r change date from 6/3 to 6/2, Add New Business-T application from Challenge Dakota DBA Stars, Stripes & Steps to occupy a portion of the right of way and Add Executive Session-Personnel Moved by Huddleston, seconded by Romey, to approve the amended agenda
Minutes: Moved by Romey, seconded by Pratt, to approve the minutes from the 5/1/23 regular council meeting
Claims: Moved by Romey, seconded by Lukens, to approve the bills in between of $207,402.78
BILLS IN BETWEEN: 05/15/2023: City of Hot Springs, $30,309.94, General Payroll; City of Hot Springs, $13,202.68, Golf Payroll; City of Hot Springs, $11,165.80, Water Payroll; City of Hot Springs, $4,240.34, Sewer Payroll; City of Hot Springs, $14,161.38, Evans Plunge Payroll; City of Hot Springs, $20,277.64, 941 Payroll Tax Deductions; Wellmark BC/BS, $28,244.16, Premium; Dearborn National Life, $127.40, Premium; SDRS, $19,594.84, Retirement Reporting SDRS Supplemental, $320.00, Happe, Summers-Walton, Bochmann Retirement Reporting; Chamer of Commerce, $7,933.85, 80% LLD; Black Hills Energy, $21,521.88, Utilities; Sander Sanitation, $19,355.75, Payments Collected; SD Dept of Revenue, $10,369.12, Sales Tax Reporting; Verizon Wireless, $475.85, Monthly Charges; Golden West, $1,796.92, Monthly Charges; Light Speed, $1,266.56, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $980.71, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $510.57, City/Water Monthly Credit Card Processing Fee; Multi Service Aviation, $211.37, Monthly Processing Fees; Jessica Luther, $1,085.00, Water Meter Reading; Custer-Fall River Regional Waste Mgt, $101.02, Solid Waste Landfill Fees; SD Dept of Revenue, $150.00, SHGC malt Beverage Renewal; TOTAL: $207,402.78
Moved by Lukens, seconded by Romey, to approve the amended current claims of $65,778.35
Current Claims: 05/15/2023: ACE HARDWARE: ball valve, concrete patch, filler, trowel, multitool ctr drv, sandpaper, fittings, screwdriver set, hinges and screws for partition, red marking paint, bulbs & Mount tape, stencil, straps, roller & frame, labor for pipe cutting, plate fillers, ball valves, hose barbs, basket strainer, knob, tape, 2 flush levers, pipe joint compound, grass seed and hose, roll of trimmer line & padlock, post hole digger, soil & mulch, sprayer & hose, key copy, $900.07; AL CORNELLA REFRIGERATION SER.: ice machine clean and drain line repair, $233.81; ALSCO: towels, mops, urinal mats, $174.92; B. H. TECHNOLOGIES, LLC: March Technology charges, cables for office change,  office 19 & cat5e cable, April Technology charges, $3,199.50; BIERSCHBACH EQUIPMENT & SUPPLY: replacement engine for wacker packer, $2,969.00; BOMGAARS SUPPLY: fan, cable ties, hardware, ball mount p7, plunger, hardware, drillbits, spray bottles, P trap, trimmer line gloves fastners, pond cleaner, weed killer, ammonia, boots- adam b, new pump for gas tank, refrigerant courtesy car, grass seed, $1,182.08; BUILDERS FIRSTSOURCE: screws, 2x4s for playground build, wood stakes, screws for partition, plywood for safety shoring, sink trap & spray paint, elbow drain & extension tube, $222.95; CENTURY BUSINESS PRODUCTS: april copier contract, $327.39; CERTIFIED POOL TRAINERS: T naasz CPO Class, materials, training, $450.00; CHAMBER OF COMMERCE: LLD 4/22-4/30, LLD 3/22-3/31, front ad city map, $2,002.94; CHARLOTTE SHIVELY: Mileage reimb 193 miles, $98.43; CWD: bandaid refills, pt & tp, candy, popcorn, chips, pizza, chicken tenders, pretzel, $1,303.82; DAKOTA FLUID POWER INC: hydraulic pump s29, $1,035.76; EMERALD HYDRO-TURF: Hydroseeder, $4,075.00; FALL RIVER REGISTER OF DEEDS: copies- hult homes, boulder falls, hotbrook property, $18.00; FALL RIVER AUTO: fuel filter for tank @ cemetery, spark plug gauge, oil, sparkplugs, $48.52; F. R. COUNTY AUDITOR: 357.30 gals fuel, $1,248.45; FALL RIVER COUNTY HERALD STAR: drinking water report, Public Hearing Kitchen Ink, Public Hearing Lewis, Intention to Abate 4/6 4/13, proceedings 4/5, NTB water 4/20 4/27, NTB roof 4/20 4/27, Welcome Mag, proceedings 4/17, $2,009.03; FALL RIVER WATER USERS DIST: april water usage, $53.50; FISHER BEVERAGE: 18 cs beer, $483.55; GOLDEN WEST TECH: 1/2 hour telephone help, switch phone lines for office move, $700.00; HORNUNG’S GOLF PRODUCTS, INC.: equiptment grips, $90.22; HOT SPRINGS THEATRE LLC: 1 yr poster outside, $420.00; JOHNSON BROS. SOUTH DAKOTA: delivery charge from previous inv 1241464, $5.00; JUSTIN RICHARDSON: 558 miles and $156 meals for 4/24-4/28 training, $440.58; L. L. JOHNSON DIST.: adapter, $152.25; LIGHTING MAINTENANCE,CONTRACTS: monthly contract, $748.24; LOCATORS & SUPPLIES, INC: reflective traffic control signs, $724.95; LOVE COMMUNICATIONS: may advertising- google, 605 mag, facebook, trip advisor, videoamp, sojern, pandora, $14,646.68; M. G. OIL COMPANY: 150 gals diesel, fuel treat, 350 gals gas , 730 gals diesel, dyed diesel 270 gals, $4,550.64; MARC: chems root control, insect control, sp10, all purpose,  $1,357.02; MARCO TECHNOLOGIES LLC: copier contract, $47.15; MCLEOD’S PRINTING&OFFICE SUPPL: election book, envelopes, seals, $19.49; MIDCONTINENT TESTING LABORATOR: water testing april plus special tests to comply with regs, $2,857.00; MV SPORT: shgc logo clothing, clothing for resale, $2,712.13; NORTHWEST PIPE: pipe supplies for waterfall, pipe, curb stop, fittings, copper tubing fittings, $4,835.04; OKOYE ZIMIGA: mileage for LG and LGI cert, $58.65; PHILLIP SHIVELY: gas and meal reimbursements, $48.06; QUALIFIED PRESORT SERVICE,LLC: wtr bills and postage, $723.55; QUALITY BRANDS OF THE BLACK: 28 cs beer,5cs beer, 1 cs energy drink, $889.00; RAMKOTA HOTEL - PIERRE: s wynia history conference stay 2 nights, $211.00; RIVER RUN GREENHOUSE: spring flowers, trees, and border shrubs, $484.94; SD PUBLIC ASSURANCE ALLIANCE: insurance coverage 10 new golf carts, $102.00; S. D. SHERIFFS ASSOCIATION: R Norton conference fee, $115.00; SAMS CLUB: coffee, 6 cases vinegar, $41.62; SANFORD HEALTH OCCUPATIONAL MED: Preemployment drug screen, $35.00; SERVALL: towels 5/4, 5/11, 4/28, $305.72; SIMON NORTH REGION SD: 5 tons of cold mix- pothole patch, 10 tons gravel to restock pile, $441.68; SONNYS: pt, $49.90; SOUTH DAKOTA 811: april message fees, $54.88; SOUTHERN HILLS CARPET: 2nd half of annex carpet, $3,430.61; STAPLES: sheet protectors, notary seal labels, file organizer, $56.77; STEVE WYNIA: mileage reimb 450 mi for history conference, $229.50; STURDEVANTS AUTO PARTS: push pins 19 charger, DEF se14, sparkplug, bearings, fuel line, fuel filter, clamps, carb cleaner & oil for wtr dept packers, febreze, air fresheners, wipes, fuel filter for shop tank, battery p2, $546.25; SYSCO: burgers, hot dogs, bread, buns, sandwiches, chicken salad, egg salad, $818.25; THE LODGE AT DEADWOOD: Hotel C Shively SOR Training, $80.00; THE TORO COMPANY - NSN: irrigation IT support, $162.00; TOM NAASZ: mileage and 2 meals for re-cert training 236 miles, $141.40; AUCA WESTERN FIRST AID & SAFET: first aid refill, $209.46; WESTSIDE STORAGE & CAR WASH: carwash tokens, $200.00; Total: $65,778.35
Drinking Water Excellence Award: Mayor Nelson presented the Drinking Water Excellence Award presented to Tracy Bastian who accepted on behalf of the City of Hot Springs Utilities Dept.
Proclamation: Mayor Read a Proclamation designating the 26th day of May 2023 as National Poppy Day
Mayor Nelson passed on an Executive Proclamation from Governor Kristi Noem designating May as National Water Safety Month
Public Hearing: Mayor Nelson opened the public hearing at 7:12 p.m. to act on the special sale alcoholic beverage license applications (4) from the HS Chamber of Commerce for the Chamber Wine Walk events to be held on 5/26/23 from 4:30 – 8 p.m. at the following locations; Minnekahta Coffee LLC 503 N River St., Polished Salon & Spa 401 N. River St., Changing Seasons Floral 323 S. Chicago St., and Chautauqua Craftsmen & Artisans of the Black Hills 629 N. River St. No public comments were heard. Councilman Burris asked if the event would be the same as it was in years past, Councilwoman Johnston said there are fewer participants, Councilman Romey said there are no sidewalks. Hearing no further comments, Mayor Nelson closed the public hearing at 7:14 p.m. Moved by Johnston, seconded by Burris, to approve the applications
Personnel: Moved by Varvel, seconded by Pratt, to approve personnel items (a-d); Gabby Martin, PT Recreation Director, $15.70/hr., effective 5/5/23, Jackie Waldner, PT SHGC Clubhouse Attendant, $11.05/hr., effective 5/6/23, Mark Frevert, PT Class 1 Airport Maintenance Operator, $11.05/hr., effective 5/16/23, Sarah Thompson, PT SHGC Clubhouse Attendant, $11.05/hr., effective 5/15/23
Resolution: Moved by Lukens, seconded by Pratt, to approve resolution 2023-11: Resolution to appoint election board
Resolution 2023-11
Appoint Election Board
2021 Combined Municipal/School District Election
BE IT RESOLVED by the City Council of the City of Hot Springs, South Dakota, that pursuant to SDCL 9-13-16.1, the Council hereby appoints the following people to serve on the election board for the upcoming combined Municipal/School District Election to be held on June 6, 2023, with compensation to be paid at the rate of One Hundred and Seventy Five Dollars ($175) for the Superintendent and One Hundred and Fifty Dollars ($150.00) for clerks for the entire day. An additional Twenty Five Dollars ($25) of compensation is available to those who attend the Election Worker Training:
Superintendent- Miriam Martin
Clerk-Barbara Engelbrecht
Clerk-Karen Muller
Alternate- Peg Sperlich
Passed this 15th day of May, 2023
Approved:
Bob Nelson, Mayor
Attest:
Misty Summers-Walton, Finance Officer
Moved by Huddleston, seconded by Varvel, to approve resolution 2023-12: Resolution to amend City Wide Fee Resolution to decrease airport fuel price per gallon to $5.85
Resolution 2023-12
Amend City Wide Fee Resolution
Adjust Airport Fuel Price
WHEREAS, the City of Hot Springs, provides services at the Hot Springs Municipal Airport supported financially by fees and charges as allowed by South Dakota Codified Law and City Ordinances; and
WHEREAS, the City Council, under the advisement and recommendations of the Airport Manager and Airport Advisory Board, has reviewed and wishes to amend the pricing of the 100LL AV Fuel per gallon cost; and
WHEREAS, the City of Hot Springs previously adopted a comprehensive City-wide fee schedule that will now be updated to reflect the fees as provided in table below.
NOW THEREFORE, BE IT RESOLVED, by the City of Hot Springs to amend the schedule of fees and charges as provided below:
Description        Amount
AIRPORT FUEL        $5.85 PER GALLON
BE IT FURTHER RESOLVED that all rates, charges and fees shall be fairly and consistently applied, billed and collected by appropriate city staff and departments and shall remain in place and in effect until changed by an act of the City Council.
NOW, THEREFORE, BE IT RESOLVED that this resolution is necessary for the support of the municipal government and its existing public institutions and therefore shall become effective May 16, 2023.
Dated this 15th day of May, 2023
Approved:
Bob Nelson, Mayor
Attest:
Misty Summers-Walton, Finance Officer
New Business: Discussion Only-PD Chief Norton explained his plans to utilize existing PD clothing budget to purchase 4 new vests, with the intent to receive 50% reimbursement of the costs from grant application/award
Moved by Huddleston, seconded by Pratt, to approve and authorize Police Chief Ross Norton to sign the Axon Enterprise, Inc. Master Services and Purchasing Agreement for the purchase of 10 Body Camera bundles at a total cost of $47,778.49 to be financed over 5yrs with a first annual payment of $7,644.61 beginning 8/23 and 4 additional annual payments of $10,033.47 ending in 8/27
Moved by Varvel, seconded by Huddleston, to appoint Malisa Niles, Ward IV Alderman for remaining 1 year term ending in July 2024-Niles abstained
Moved by Lukens, seconded by Romey, to acknowledge CORRECTION-price of aviation fuel purchase recognized at the 5/1/23 mtg. purchased from City Service Valcon LLC, total cost of $4.77/gallon not $4.51/gallon, still lowest vendor when compared to Ascent Aviation Group-World Fuel at $4.99/gallon & EPIC Aviation LLC at $4.97/gallon
Moved by Lukens, seconded by Romey, to recognize and record the name of the supplier the purchase of 3000 gallons of 100LL Aviation Gasoline by the Hot Springs Municipal Airport, as required by SDCL §5-18C-6. Purchase made with City Service Valcon LLC for a total cost of $4.66/gallon. Other vendors considered were Ascent Aviation Group-World Fuel at $4.85/gallon and EPIC Aviation LLC at $4.66/gallon
Moved by Burris, seconded by Pratt, to authorize Airport Manager to purchase replacement parts for Case tractor hydraulic system at a cost of $3,300 to be funded by future contingency transfer
Moved by Varvel, seconded by Johnston, to approve the requested tax abatement as presented and submitted by the County of Fall River Director of Equalization; City of Hot Springs $262.30, Val N. Hirst $2,169.49, and Mary L Vandeberg and Rose Nash $1,176.43
Moved by Johnston, seconded by Romey, to authorize Public Works Engineer Tracy Bastian to accept the work order/proposal from Brosz Engineering to perform the structure design and bid letting services for the Minnekahata Bridge Replacement-Structure No. 24-290-029 for a not-to-exceed cost of $143,100. As per BIG Grant Agreement-City responsible for 20% ($28,620)
Moved by Huddleston, seconded by Niles, to award 2023 City of Hot Springs Multiple Roof Replacement Projects-Phase 2 replacement of Mueller Civic Center flat roof systems contract to low bidder Atlas Exteriors LLC of Spearfish, SD for a total cost of $224,999. Other bidders considered Weathercraft Companies $254,843.94 and Swett Construction $283,626.36
Moved by Johnston, seconded by Romey, to award 2023-1 Rebid Water Improvement Project Option 2 to sole bidder Construction Services LLC of Hot Springs, SD for the replacement of water mains and appurtenances on Lookout Avenue and Walnut Street in the amount of $168,472.13
Moved by Burris, seconded by Pratt, to approve Premier Pyrotechnics ship show 3 year (2023-2025) contract for service
Moved by Varvel, seconded by Johnston, to authorize Mayor to sign letter of agreement with Fall River Health Service authorizing the use of the Mueller Civic Center as a temporary location site in the event of an emergency evacuation of their facility
Moved by Johnston, seconded by Niles, to approve automatic budget supplement $6,726.10 to Water Fund-improvements other than bldg. (602-43350-43300) and $5,964.65 to the Waste Water Fund- improvements other than bldg. (604-43250-43300) for the sewer and water main replacement project. Grant reimbursement received from CDBG grant #1919-107-09
Moved by Lukens, seconded by Johnston, to approve special sale alcoholic beverage license application from CS Inc. DBA Winner’s Circle for the Bucholz wedding to be held on 9/9/23 at the Mueller Civic Center 801 S. 6th St.
Moved by Varvel, seconded by Romey, to set public hearing on 6/5/23 at 7:15 p.m. on the special sale alcoholic beverage license application from Hot Springs Rotary Club for the 4th of July Dance event on 7/3/23 at Centennial Park 275 N Garden St
Moved by Johnston, seconded by Pratt, to accept resignation of Mike Sommer from the Historic Preservation Commission and appoint Christine Heidebrink to fill his remaining term (2021-2023)
Moved by Varvel, seconded by Burris, to approve travel/training request from Development Coordinator Scott Sogge to attend the SoDACE Information and Training Conference in Fort Pierre, SD 5/10/23-5/11/23
Moved by Huddleston, seconded by Burris, to approve travel/training request from HSPD Chief Ross Norton and HSPD Captain Phillip Shively to attend SD LET Graduation on 6/2/23
Moved by Johnston, seconded by Burris, to approve travel/training request from Fleet Mechanic Adam Burnison to attend Critical Thinking Diagnostic Strategies Tech Seminar 5/18/23 at Western Dakota Technical College
Moved by Lukens, seconded by Pratt, to approve the application from Challenge Dakota DBA Stars, Stripes & Steps to occupy a portion of the right of way along Fall River Rd near Taco Johns for their 1/2 marathon from 5/28-5/29
Mayor deferred Committee Reports
City Administrator Report: Chautauqua Park playground equipment is installed, thanks to volunteers and some long hours in the rain by city crew. We need to purchase the safety ground covering ($5K) which was not donated. We will absorb the unplanned purchase in Parks budget and then request a supplemental if necessary later in the year. Nuisance Vehicle towing: company has been given the green light to start towing, waiting for their schedule. Other nuisances: we are seeking out a company that we can contract with to do property clean ups. Recreation Director has been selected and approved earlier, Gabby Martin will begin working on the summer recreation program. Library roof start on the 22nd
Executive Session: Moved by Huddleston, seconded by Pratt, to go into executive session under SDCL §1-25-2 (1) Personnel at 8:10 p.m. Mayor Nelson, City Administrator Temple and Councilmembers Burris, Huddleston, Johnston, Lukens, Niles, Pratt, Romey, and Varvel attended. At 9:14 p.m. all present exited 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 9:15 p.m.
Approved:
Bob Nelson, Mayor
Attest:
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $220.44
and can be viewed free of charge at www.sdpublicnotices.com
Published: May 25, 2023