REGULAR MEETING, January 21, 2014

The Regular Session of the Deadwood City Commission convened on January 21, 2014 at 5:00 p.m. in the Deadwood City Commission Chambers, 102 Sherman Street, Deadwood, South Dakota. Mayor Turbiville called the meeting to order with the following members present: Department Heads, City Attorney Quentin L. Riggins and Commissioners Joe Peterson, Georgeann Silvernail, Gary Todd and Jim Van Den Eykel. All motions passed unanimously unless otherwise stated.

APPROVAL OF MINUTES

Silvernail moved, Todd seconded to approve the minutes of January 6, 2014. Roll Call: Aye-All. Motion carried.

APPROVAL OF DISBURSEMENTS

Van Den Eykel moved, Todd seconded to approve the January 21, 2014 disbursements. Roll Call: Aye-All. Motion carried.

A & B BUSINESS MAINTENANCE 248.76

ABC BUSINESS SUPPLIES 774.21

ACTION MECHANICAL REPAIRS 785.15

ADAMS MACHINING REPAIRS 491.76

ADT SECURITY SERVICE 540.12

ALBERTSON ENGINEERING PROJECT 3,780.00

ALLEN, MEL COMMISSION 200.00

ALSCO SUPPLIES 54.00

AMAZON WEB SERVICE 284.36

ARLETH LAND SURVEYING PROJECT 750.00

ATCO INTERNATIONAL SUPPLIES 291.00

B&B AUTO SWITCH 80.00

BW RAMKOTA LODGING 332.00

BH CHEMICAL SUPPLIES 331.77

BH DISPOSAL SERVICE 760.00

BH MINING MUSEUM GRANT 2,932.81

BH PIONEER ADS 692.26

BH POWER ELECTRICITY 28,188.70

BH WINDOW CLEANING SERVICE 428.00

BLOOM, KEVIN PROJECT 315.35

CAI CONSTRUCTION PROJECT 6,330.60

CENTURY BUSINESS SUPPLIES 575.00

CENTURY LINK SERVICE 256.62

CHAINSAW CENTER RENTAL 2,916.93

COCA COLA SUPPLIES 227.00

CULLIGAN SUPPLIES 145.25

DAYS OF '76 ALLOCATION 5,000.00

DEADWOOD ALIVE ALLOCATION 1,500.00

DEADWOOD BUSINESS CLUB ALLOCATION 12,000.00

DEADWOOD CHAMBER BILL LIST 206,797.25

DEADWOOD HISTORY ALLOCATION 154,000.00

DEADWOOD-LEAD ECONOMIC ALLOCATION 23,000.00

DOUBLE-K SERVICE 59.45

EDDIE'S TRUCK SALES SERVICE 893.43

FARMER BROTHERS SUPPLIES 55.25

FARRIER, MARIE COMMISSION 225.00

FASTENAL COMPANY SUPPLIES 130.33

FIRST BAPTIST CHURCH LEASE 3,600.00

FIRST NATIONAL BANK SERVICE 414,567.50

FORGEY CONSTRUCTION PROJECT 9,400.00

FREEMAN'S ELECTRIC REPAIRS 102.04

FULLER, KELLY REIMBURSEMENT 400.28

FUROIS, ED & SUMNERS, JOHN COLLECTION 20,250.00

GREEN, SHEREE COMMISSION 175.00

GRIMM'S PUMP SUPPLIES 169.45

GUNDERSON, PALMER, NELSON SERVICE 7,843.11

HAWKI, KEN REIMBURSEMENT 172.00

HEARTLAND PAPER SUPPLIES 229.48

HILLS PRODUCTS SERVICE 180.64

JACOBS WELDING SERVICE 22.00

KDSJ 980 AM RADIO SPONSOR 125.00

KEN'S CAMPER ADAPTOR 11.02

KOALA ELECTRIC REPAIRS 168.37

KOLBE, ROBERT SERVICE 450.00

LEAD-DEADWOOD AREA LIONS GARLAND 400.00

M&M SANITATION RENTAL 452.50

MANUFACTURING SYSTEMS SUPPLIES 199.98

MID-STATES ORGANIZED CRIME MEMBERSHIP 150.00

MIDCONTINENT SERVICE 65.00

MS MAIL BOOKS 210.00

MUNICIPAL EMERGENCY SUPPLIES 1,347.87

NATIONAL TRUST MAIN STREET MEMBERSHIP 250.00

NEVE'S UNIFORMS 172.40

NHS OF THE BLACK HILLS ALLOCATION 4,000.00

NORTHERN HILLS ALLIANCE ALLOCATION 2,500.00

NORTHERN HILLS CASA ALLOCATION 4,000.00

NORTHERN HILLS TECHNOLOGY SERVICE 20.00

NORTHWEST PIPE FITTINGS PLUG 32.45

OVERHEAD DOOR SERVICE 1,204.00

PEPPMEIER, JANICE REIMBURSEMENT 496.11

PITNEY BOWES POSTAGE 500.00

PRAIRIE HILLS TRANSIT ALLOCATION 7,000.00

PUBLIC SAFETY EQUIPMENT SYSTEM 3,220.00

QUILL SUPPLIES 292.27

RASMUSSEN MECHANICAL REPAIRS 2,354.62

SD COMMISSION ON GAMING CITY SLOTS 18,852.27

SD DENR RENEWALS 48.00

SD DEPT. OF TOURISM CONFERENCE 350.00

SD ONE CALL SERVICE 8.88

SD STATE ARCHIVES SPONSOR 1,000.00

SD WATER & WASTEWATER RENEWAL 30.00

SDN COMMUNICATIONS SERVICE 571.20

SHEDD, JIM COMMISSION 225.00

SPEARFISH AMBULANCE COURSE 50.00

SPEIRS, MARK COMMISSION 225.00

STEVEN SCHUYLER SERVICE 161.00

STRETCH'S SERVICE 965.96

STURDEVANT'S SUPPLIES 5,622.03

SUBWAY FOOD 50.00

SUMMIT SIGNS SERVICE 156.50

TDG COMMUNICATIONS PANEL 67.50

TEEN COURT ALLOCATION 8,500.00

TRIDLE, JOHN REPAIRS 706.42

TRIPLE K SERVICE 13.00

TWILIGHT SUPPLIES 401.45

TWIN CITY HARDWARE SUPPLIES 1,536.08

VERMEER HIGH PLAINS CHAINS 284.77

WASTE CONNECTIONS SERVICE 7,241.43

WESTERN STAR REPAIRS 581.12

WHITE'S CANYON MOTORS SERVICE 99.75

ZOGICS SUPPLIES 719.40

TOTAL $991,572.21

ITESM FROM CITIZENS ON AGENDA

Update

Mike Rodman, Deadwood Gaming Association updated the Commission on proposed legislative changes. He said the bill is asking the legislature to put opportunity to allow live craps, roulette and keno on the ballot. He said Deadwood gaming industry wants to become more competitive with other markets. According to Rodman, these games are currently available as online gaming. Mayor Turbiville explained the bill process, and said if passed would not take effect until July 2015. The Commission thanked Rodman for attending. Tom Blair spoke in favor, but cautioned to be vigilant of potential changes to state law as it affects the formula, and asked the City to pass a resolution of support.

Recommendation

Silvernail moved, Peterson seconded to accept the recommendation from Business Improvement District #7 to allocate $100,000.00 to Deadwood Chamber in 2014. Roll Call: Aye-All. Motion carried.

Request

Sarah Anderson, on behalf of Deadwood Chamber, and Revitalization Sub Committee asked the Commission to repeal ordinance section 5.52.010 regarding fortune telling and clairvoyants. She stated the repeal is in order to plan additional events including ghost tours and psychic fairs to bring more family activities to Deadwood. Commissioners Silvernail and Van Den Eykel received calls from Ministerial Association members not in favor. Van Den Eykel asked the Commission to look at a case-by-case basis and waive ordinance when it pertains to the event, Silvernail agreed. Mayor Turbiville thought it would be difficult to waive due to planning and does not see any harm to the religious community. Ardene Lance, resident on Upper Main spoke in opposition to repeal and does not believe these activities are a family event. After discussion, Van Den Eykel moved, Todd seconded to schedule first reading to repeal section 5.52.010 on February 3, 2014. Roll Call: Aye-Peterson, Todd, Turbiville, Van Den Eykel. Nay-Silvernail. Motion carried.

PUBLIC HEARING/BID OPENINGS

Bid Opening-Fire Truck

Finance Officer, Nelson opened one bid for the fire truck, previously surplused on Resolution 2013-19. Bid as follows:

Jims Auto Salvage - $3,167.00

Todd moved, Van Den Eykel seconded to accept the bid from Jims Auto Salvage. Roll Call: Aye-All. Motion carried.

Public Hearing

Todd moved, Silvernail seconded to set public hearing at 5:03 p.m. on February 3, 2014 for Retail (on-sale) Liquor License (CL-0510) transfer from Tentexkota, LLC to Tentexkota, LLC dba Deadwood Mountain Grand Hotel and Casino at 1906 Deadwood Mountain Drive. Roll Call: Aye-All. Motion carried.

FINANCE

Permission

Peterson moved, Silvernail seconded to pay South Dakota Department of Revenue monthly sales tax remittance electronically to take advantage of allowance and present remittance amount to Commission on bill list after payment is made. Roll Call: Aye-All. Motion carried.

HISTORIC PRESERVATION/PLANNING AND ZONING

Land Exchange

Discussion was held on possible land exchange with private owner Tim Davis. Planning and Zoning Administrator Nelson Jr. said Tim Davis is offering 14.46 acres involving three School lots behind hospital, and four City lots at the South east end of St. Ambrose Cemetery in return for 19.42 acres of probate and school lots in Pollock addition of Centennial Street. Attorney Riggins said prior to land exchange the Board of Appraisals would have to convene and discuss. Commissioner Silvernail added the exchange should be equal in square footage otherwise believes we should surplus and sell rather than exchange. Commissioner Van Den Eykel added land by St. Ambrose Cemetery would be a nice addition. After further discussion Van Den Eykel moved, Todd seconded to set public hearing to consider land exchange at 5:02 p.m. on February 3, 2014. Roll Call: Aye-All. Motion carried.

Approval

Van Den Eykel moved, Silvernail seconded to approve 2014 ESRI GIS software maintenance at cost of $12,000.00, to be split between Historic Preservation, Public Works and Planning and Zoning. Roll Call: Aye-All. Motion carried.

Permission

Van Den Eykel moved, Todd seconded to allow Bob Nelson Jr. to apply for TRP grant, with possible funding in 2015 for Powerhouse Park. Roll Call: Aye-All. Motion carried.

Proposal

Van Den Eykel moved, Silvernail seconded to accept proposal from TSP to provide design plans for proposed Deadwood gateway at former Killarney Motel property, and allow the Mayor to sign agreement in the amount of $80,505.00. Project to be paid from Historic Preservation. Roll Call: Aye-All. Motion carried.

Contract

Van Den Eykel moved, Silvernail seconded to allow the Mayor to sign contract with Neighborhood Housing Services of the Black Hills for administration of Revolving Loan Fund in the amount of $86,900.00. Roll Call: Aye-All. Motion carried.

STREETS AND WATER/PARKS AND REC/PUBLIC BUILDINGS

Terminate

Turbiville moved, Todd seconded to terminate employment of the following seasonal employees effective January 17, 2014: Zach Steinlicht, Greg Nelson, Bo Burleson, Derek Makley, and part time employee Brian Mehlberg. Roll Call: Aye-All. Motion carried.

Purchase

Silvernail moved, Van Den Eykel seconded to purchase 5500 gallons of regular gasoline from Southside Oil at cost of $2.84 per gallon. Roll Call: Aye-All. Motion carried.

Permission

Silvernail moved, Van Den Eykel seconded to allow Tracey Nohr to use Ferguson Fieldhouse during the month of February for dog obedience training. Roll Call: Aye-All. Motion carried.

Approval

Silvernail moved, Peterson seconded to approve design cost from FourFront to construct cold storage building at cost of $14,400.00. Commissioner Van Den Eykel asked if the design was required since footprint is the same. Public Works Director, Raysor said there are additional issues including the snow load and trying to tie to existing building. Van Den Eykel would like to see this issue be bid out. Raysor said since professional service, they would interview for other proposals. Roll Call: Aye-Peterson, Silvernail, Turbiville. Nay-Todd, Van Den Eykel. Motion carried.

Approval

Silvernail moved, Peterson seconded to approve design cost from FourFront to construct addition to trolley barn at cost of $18,000.00. Roll Call: Aye-Peterson, Silvernail, Todd, Turbiville. Nay- Van Den Eykel. Motion carried.

Contract

Silvernail moved, Todd seconded to approve contract with Midco Marine Services to clean and inspect McGovern Hill water tanks at cost of $2,199.00. Roll Call: Aye-All. Motion carried.

POLICE/FIRE/LIBARARY

Permission

Silvernail moved, Todd seconded to allow Police Department to update taser inventory at cost of $6,996.60, budgeted item. Roll Call: Aye-All. Motion carried.

Recommendation

Silvernail moved, Van Den Eykel seconded to accept the recommendation from Parking and Transportation to enter into contract with Chamberlin Architects to develop master plan for Lower Main parking lot and Visitor Center at cost not to exceed $39,520.00. A copy of proposal is on file at Deadwood Police Department. Roll Call: Aye-All. Motion carried.

Wage Increase

Silvernail moved, Todd seconded to increase wage of Library Assistant Janet Osborn from $8.79 an hour to $9.31 an hour effective January 11, 2014 after three years of service. Roll Call: Aye-All. Motion carried.

Resignation

Silvernail moved, Peterson seconded to accept resignation of Doug Bechen, Police Reserve Officer effective February 1, 2014. Roll Call: Aye-All. Motion carried.

LEGAL BUSINESS

Agreement

Silvernail moved, Todd seconded to allow the Mayor to sign renewal lease agreement with Barefoot Resorts for billboard rental from January 2014 through December 2014. Roll Call: Aye-All. Motion carried.

Agreement

Silvernail moved, Todd seconded to allow the Mayor to sign agreement with CAI2, LLC for St. Ambrose Cemetery Preservation Phase 4. Roll Call: Aye-All. Motion carried.

First Reading

Silvernail moved, Peterson seconded to approve first reading of Ordinance #1204, Amending Historic Preservation Section 17.68. Historic Preservation Officer, Kuchenbecker said this updates penalty provision and clarifies class two to misdemeanor. Attorney Riggins said by making this change we will not have to update the ordinance every time the statute changes. Roll Call: Aye-All. Motion carried.

First Reading

Todd moved, Silvernail seconded to approve first reading of Ordinance #1205, Amending Chapter 17.04 Entitled Permits. Kuchenbecker said ordinance adds section D that amends fee paid for demolition if natural disaster occurs. Roll Call: Aye-All. Motion carried.

First Reading

Todd moved, Silvernail seconded to approve first reading of Ordinance #1206, Amending Chapter 17.84 Entitled Building Inspector-Powers and Duties. Kuchenbecker said existing language references UBC, references chapter referring to IBC. Roll Call: Aye-All. Motion carried.

Agreement

Silvernail moved, Van Den Eykel seconded to allow the Mayor to sign agreement with Greg Vecchi dba Deadwood Guns LLC for indoor shooting range. Roll Call: Aye-All. Motion carried.

Agreement

Todd moved, Silvernail seconded to allow the Mayor to sign renewal agreement with Gold Dust Lodging for parking at Broadway Parking Ramp. Roll Call: Aye-All. Motion carried.

Executive Session

Attorney Riggins requested Executive Session for legal matters per SDCL 1-25-2(3) and personnel matters per SDCL 1-25-2 (1).

MAYORS BUSINESS

Appointments

Silvernail moved, Peterson seconded to reappoint Mark Speirs and Marie Farrier for five-year term on Planning and Zoning Commission. Roll Call: Aye-All. Motion carried.

Discussion

Discussion was held on possible format change to monthly utility bill mailing to include publication of monthly City newsletter to better inform citizens. Mayor Turbiville said this comes from Revitalization Committee, which had indicated other communities include a monthly newsletter. Turbiville feels it is important to keep the community advised of what is going on throughout the City.

ITEMS FROM CITIZENS NOT ON AGENDA

Larry Shama questioned why he got billed for employee time in addition to shut off fee for a water main break that occurred at Goldberg’s on December 7 and 8. After the break, he noticed other breaks in town and questioned if they were billed also. Public Works Director, Raysor said every building that had a water break got charged $71.50 an hour for call outs, as stated in the ordinance. He said he paid to have the water shut off in August and according to Shama that did not occur and now sustained a water main break. Shama believes the City damaged the property due to the water not being shut off in August. Mayor Turbiville told Shama the City cannot consider making any decision without doing research, but will keep Shama informed.

ITEMS FROM MAYOR, COMMISSIONERS, DEPARTMENT HEADS NOT ON AGENDA

Commissioner Van Den Eykel asked about the status of utility easements on Charles Street concerning the Department of Transportation project. Public Works Director, Raysor said the attorneys are working on that issue but waiting for information from Black Hills Power.

Van Den Eykel also asked if there is a bill being introduced on 24/7 alcohol for hotels or motels with liquor licenses. Mayor said Deadwood Gaming Association has discussed but bill has not been filed.

ADJOURNMENT

Silvernail moved, Todd seconded to adjourn the regular session at 6:06 p.m. and convene into Executive Session for legal matters per SDCL 1-25-2(3). The next regular meeting will be on Monday February 3, 2014. After coming out of executive session at 6:35 p.m., Peterson moved, Van Den Eykel seconded to adjourn.

ATTEST: DATE: ______

______BY: ______

Mary Jo Nelson, Finance Officer Charles M Turbiville, Mayor

Published once at the total approximate cost of ______