City Commission Regular Meeting Monday, August 07, 2023 05:00 PM City Hall, 102 Sherman Street, Deadwood, SD 57732

Public comments are welcomed, but no action can be taken by the Commission on comments received at this meeting.  Anyone wishing to have the Commission vote on an item should call the Finance Office at 578-2600 by 5:00 p.m. on the Wednesday preceding the next scheduled meeting to be placed on the agenda. 

1.Call to Order and Pledge of Allegiance

2.Roll Call

3.Approve Minutes

  1. a.Approval of July 17, 2023 City Commission minutes

4.Approve Bills

  1. a.Approval of Bill List for August 7, 2023

5.Items from Citizens on Agenda

  1. a.Presentation with possible action on Historic Preservation Commission/Main Street Initiative public art committee's efforts for Deadwood Legends, including the possible locations of the new Calamity Jane and other future sculptures.

  2. b.Acknowledge the Recreational Trails Program grant from the South Dakota Department of Game Fish and Parks in the amount of $212,762.00 for Deadwood Hill Trailhead Parking Area.   

6.Consent Agenda

Matters appearing on Consent Agenda are expected to be non-controversial and will be acted upon by the Commission at one time, without discussion, unless a member of the Commission requests an opportunity to address any given item.  Items removed from the Consent Agenda will be discussed at the beginning of New Business.

  1. a.Permission to accept resignation from Archives Intern Gavin Rucker effective July 1, 2023. 

  2. b.Accept resignation from Painting Apprentice Wallace Cook effective July 28th, 2023. 

  3. c.Accept resignation from lifeguard Bridger Janvrin effective 7/29/23.

  4. d.Permission to accept resignation from Christian Fierro, Library Assistant I position effective August 17, 2023.    

  5. e.Permission to hire Crystal Pawlus as part-time Library Assistant II (25 hours per week with 1/2 time benefits per employee policy handbook) at $15.57 per hour effective August 21, 2023, pending pre-employment screening.  

  6. f.Permission to advertise in-house and out of house for part time (19 hours with no benefits) Recreation and Aquatic Center Receptionist at $14.33 per hour.

  7. g.Permission to hire Jim Doolittle for 2024 union negotiations at $400.00 per session.  

  8. h.Permission to make 2023 budget allocation to Days of '76 in the amount of $10,000.00 from Bed and Booze Fund.  

  9. i.Permission to make 2023 budget allocation to Days of '76 Rodeo in the amount of $65,000.00 from Historic Preservation as budgeted.

  10. j.Accept Change Order #1 for 9 Shine Street retaining wall from RCS Construction for increase in scope of work associated with the library wall in the amount of $2,286.00 for new contract sum of $166,286.00.

  11. k.Accept Change Order #1 for 458 Williams Street retaining wall from RCS Construction for deduct of work associated with the revised wall section in the amount of -$4,870.00 for new contract sum of $77,130.00.

  12. l.Permission to pay Erica Merchant for restoration of exterior ghost murals at 51, 53, 55 Sherman Street in the amount of $12,277.46 to be paid through HP Revolving Loan program.

  13. m.Permission to pay Quik Signs in the amount of $2,722.31 for photographs on Oracal mounts to be used for historic interpretation. (To be paid from HP Public Education line item.)

  14. n.Deadwood History Inc. request approval to serve complimentary beer and wine for Big Thank You Event at Adams Museum from 5:00 p.m. to 7:00 p.m. Thursday, September 7, 2023 

  15. o.MSI Promotions Committee and Saloon #10 request approval to host wine tasting at Gordon Park during the Farmers Market on Fridays between 3:00 p.m. to 7:00 p.m. from August 11 through September 29, 2023. No public hearing necessary since on public property.     

  16. p.Approve recommendation from the Parking and Transportation Committee to reimburse Steven Henderson for tow bill in the amount of $164.08. (To be paid from Parking and Transportation professional services line item.)

  17. q.Permission to pay Adobe invoice in the amount of $2,590.92 for 9 staff licenses. To be paid from HP, P&Z, P&T, PD, Finance, and PW professional services line items.

  18. r.Permission to pay Central Square invoice in the amount of $2,800.07 for software licensing for two police MDT's. (To be paid from Police Professional Services line item. Installed in 2022 but invoice never received.)

  19. s.Permission to allow volunteer firefighters Charles Fetter, Jason Rakow, Bill Glover and Paul Robitaille to travel to Heiman Fire in Sioux Falls, SD on August 13, 2023 to inspect a fire truck, at no cost not to exceed $688.70.    

  20. t.Add Steve Schramm effective July 13, 2023 to the Volunteer Fire Department Roster for worker's compensation purposes. 

  21. u.Permission for Mayor to sign Oakridge Cemetery Certificate of Purchases and Warranty Deed for Steven and Michele Thomas.  

  22. v.Permission for the Mayor to sign the Construction and Maintenance Easement with David H. Wilkinson and Lori May Wiilkinson Revocable Trust Agreement for the city retaining wall along Terrace Street.

  23. w.Allow use of public property for Lead Deadwood Youth Soccer at the Event Complex from August 13  through October 31, 2023 pending proof of insurance.  

  24. x.Allow use of public property at the Event Complex for Trunk or Treat from 3:00 p.m. to 5:00 p.m. on Saturday, October 28, 2023. 

  25. y.Allow use of public property at Gordon Park on Saturday, September 9, 2023 from 10:00 a.m. to 12:00 p.m. for Just Try It Triathlon 

  26. z.Allow use of public property at Gordon Park on Sunday, September 24, 2023 from 7:00 a.m. to 1:00 p.m. for Mountain Lion/Aqua Bike Triathlon.  

  27. aa.Recommendation from Parking & Transportation Committee to allow free ridership on City trolleys  during Kool Deadwood Nites (Wednesday, August 23rd through Sunday, August 27th, 2023.)  Acknowledge $20,000.00 of contributions (BID 8 - $10,000 and BID 1-6 - $10,000.00) to the City from sponsors to offset Trolley revenue for event.            

7.Bid Items

8.Public Hearings

  1. a.Hold public hearing for Retail (on sale) Liquor - Restaurant License for Door 4 LLC, dba Fairmont Hotel/Oyster Bay at 628 Main Street.  

  2. b.Hold public hearing for Gold Street: Permanently close Gold Street between Main Street and Broadway Alley to vehicular traffic for use as a pedestrian plaza.  Broadway alley will be one way from Wall Street to Shine Street.  

  3. c.Hold public hearing for Hops and Hogs Event: open container in zones 1 and 2 Friday, September 22 from 5:00 p.m. to 10:00 p.m. and Saturday, September 23, 2023 from noon to 10:00 p.m. 

  4. d.Hold public hearing for Oktoberfest events: open container in zones 1 and 2 Friday, October 6 from 5:00 to 10:00 p.m. and Saturday, October 7 from noon to 10:00 p.m.; street closure on Main Street from Wall to Deadwood Street from 9:00 a.m. to 6:00 p.m. and waiver of banner fees on Saturday, October 7, 2023.  

  5. e.Hold public hearing for Wild West Songwriters Festival Events: open container in zones 1 and 2 on Thursday, October 12 from 5:00 to 10:00 p.m., Friday, October 13 from 5:00 p.m. to 10:00 p.m. and Saturday, October 14, 2023 from noon to 10:00 p.m. 

  6. f.Hold public hearing for Deadweird Events: open container in zones 1 and 2 Friday, October 27 from 5:00 p.m. to 10:00 p.m. and Saturday, October 28 from noon to 10:00 p.m.; street closure on Main Street from Wall to Pine from 4:00 p.m. Saturday, October 28 to 5:00 a.m. Sunday, October 29, 2023.  

  7. g.Set public hearing on August 21 for Retail (on-off sale) Malt Beverage and SD Farm Wine License for Dakota Shivers Brewing, LLC dba Tootsie's Taproom at 667 Main Street 

  8. h.Set public hearing on August 21 for Retail (on-off sale) Malt Beverage and Retail (on-off sale) Wine Licenses for Black Hills Provisions LLC, dba Maynards at 696 Main Street.   

  9. i.Set public hearing on August 21 for Retail (on-off sale) Malt Beverage and SD Farm Wine License Transfer from Shelby Clarkson to Terzo Spazio dba Pump House Coffee and Eatery at 73 Sherman Street.   

  10. j.Set public hearing on August 21 for Deadwood Moto Show Arena Cross Event: open container Saturday, September 9, 2023 from 4:00 p.m. to 10:00 p.m. at Event Complex; and waiver of user fees Wednesday, September 6 through Monday, September 11, 2023 at the Event Complex.  

  11. k.Set public hearing on August 21 for Fair in the Square: street closure on Deadwood Street from Main Street to Pioneer Way from noon on Friday, September 8 to 9:00 p.m. on Saturday, September 9, 2023.  

  12. l.Hold Public Hearing  on Request for Conditional Use Permit for a RV Campground at 20577 Highway 85 - B&L Properties, LLC (Brad Kooiker).

  13. m.Hold Public Hearing on proposed Change of Zoning within the Planned Unit Development at The RIDGE at Deadwood by  Preacher Smith, LLC / TRD, LLC (Randy and Cheri Horner).

  14. n.Hold Public Hearing on proposed Change of Zoning within Phase III of the Stage Run Planned Unit Development by The Summit at Stage Run, LLC (William Pearson).

9.Old Business

  1. a.Permission to allow the Mayor to sign AIA contract document with RCS Construction for work associated with Whitewood Creek Restoration - Bid Package 1 - Sites 1C, 2A, 2B, 3A, 3B for FEMA Project #123107. (Accepted bid of 07-10-2023)

10.New Business

  1. a.Second Reading of Ordinance #1377 Budget Supplement #4 for 2023

  2. b.Second Reading of Ordinance #1378 Amending Chapter 5.04 Alcoholic Beverages

  3. c.Second Reading of Ordinance #1379 Amending Chapter 12.20 Snow Removal 

  4. d.Second Reading of Ordinance #1380 Amending Chapter 17.53.040 Exception to Transient Commercial Use of Property

  5. e.Second Reading of Ordinance #1381  Amending Chapter 12.24.025  Event Committee

  6. f.First Reading of Ordinance #1382 Creating Chapter 2.04.200 Introduction and Adoption of Annual Municipal Budget 

  7. g.Act as Board of Adjustment and approve/deny Conditional Use Permit - RV Campground - 20577 Highway 85 - B&L Properties, LLC (Brad Kooiker). Legally described as: Lot A in Lot H2 of H.E.S. No. 613 in the NE1/4 OF Section 11, T5N, R3E, BHM, Lawrence County, South Dakota and Lot C in H.E.S. No. 613 in the NE1/4 of Section 11, T5N, R3E, BHM, City of Deadwood, Lawrence County, South Dakota

  8. h.Act as Board of Adjustment and approve/deny/approve with conditions Variance Request for setback variance for construction of new carport at 3 Pearl Street - Bob & Bonita Goode. Legally described as: Lot A, Block 7, Highland Park Addition, formerly a portion of Lots 1 thru 6, Block 7 Highland Park Addition, City of Deadwood, Lawrence County, South Dakota, according to Plat Document No. 2009-6668.

  9. i.Consider donation and recommendation of parcel of ground to expand Stage Run Park from The Summit at Deadwood Stage Run, LLC to the City of Deadwood. (See attached plat)

  10. j.Act as Board of Adjustment and approve/deny Final Plat - Adjusting Property Lines - 30 Burnham - Kevin Schilling legally described as: Plat of Lot 1A, Block 9 1/2 of Highland Park Addition Formerly Lots A, 2, and 3, Block 9 1/2 of Highland Park Addition and a Portion of Tract 2 of Palisade Stone Placer, M.S. 794, Located in the NW1/4 of Section 23, T5N, R3E, B.H.M, City of Deadwood, Lawrence County, South Dakota

  11. k.Act as Board of Adjustment to approve/deny the amendment to the boundaries of the Planned Unit Development within the Palisades Tract of Deadwood Stage Run Addition (a portion of the PUD approved through Ordinance #1083 in July 2007) legally described as: Palisades Tract of Deadwood Stage Run Addition, formerly Tracts E, F, G, H, I, J, K, and L and the remaining portion of M.S. 696 Palisades Stone Placer, all located in the SW1/4 Section 14, the SE1/4 of Section 15, the NE1/4NE1/4 of Section 22 and the N1/2NW1/4 of Section 23, T5N, R3E, BHM, City of Deadwood, Lawrence County, South Dakota and Tract D-2, Formerly Tract D OF M.S. 696 Palisades Placer, all Located in the NE1/4 and the SE1/4, Section 15, T5N, R3E, B.H.M., Lawrence County, South Dakota. and Tract B of Palisades Stone Place MS 696, Lawrence County, South Dakota, Recorded in Plat Doc #84-2419

  12. l.First Reading of Ordinance #1383 amending Planned Unit Development (PUD) Boundaries for the Stage Run PUD.

  13. m.Act as Board of Adjustment to approve/deny the change of Zoning within the Planned Unit Development within the Palisades Tract of Deadwood Stage Run Addition (a portion of the PUD approved through Ordinance #1083 in July 2007) legally described as: Palisades Tract of Deadwood Stage Run Addition, formerly Tracts E, F, G, H, I, J, K, and L and the remaining portion of M.S. 696 Palisades Stone Placer, all located in the SW1/4 Section 14, the SE1/4 of Section 15, the NE1/4NE1/4 of Section 22 and the N1/2NW1/4 of Section 23, T5N, R3E, BHM, City of Deadwood, Lawrence County, South Dakota and Tract D-2, Formerly Tract D OF M.S. 696 Palisades Placer, all Located in the NE1/4 and the SE1/4, Section 15, T5N, R3E, B.H.M., Lawrence County, South Dakota. and Tract B of Palisades Stone Place MS 696, Lawrence County, South Dakota, Recorded in Plat Doc #84-2419

  14. n.First Reading of Ordinance #1384 for Change of Zoning within the Stage Run Planned Unit Development.

  15. o.Act as Board of Adjustment to approve/deny the preliminary plats in Phase III of the Palisades Tract of Deadwood Stage Run Addition (a portion of the PUD approved through Ordinance #1083 in July 2007) legally described as: Palisades Tract of Deadwood Stage Run Addition, Formerly Tracts E, F, G, H, I, J, K, and L and the Remaining Portion of M.S. 696 Palisades Stone Placer, all Located in the SW1/4, Section 14, the SE1/4 of Section 15, the NE1/4NE1/4 of Section 22 and the N1/2NW1/4 of Section 23, T5N, R3E, BHM, City of Deadwood, Lawrence County, South Dakota; and, Tract D-2, Formerly Tract D of M.S. 696 Palisades Placer, all  Located in the NE1/4 and the SE1/4, Section 15, T5N, R3E, B.H.M., Lawrence County, South Dakota; and, Tract B of Palisades Stone Place MS 696, Lawrence County, South Dakota, Recorded in Plat Doc #84-2419

  16. p.Act as Board of Adjustment to approve/deny the Change of Zoning - Planned Unit Development - Amend The RIDGE at Deadwood PUD - Preacher Smith, LLC and TRD, LLC (Randy & Cheri Horner) legally described as: Preacher Smith Tract (Less Lot A of the Ridge Development); Lot A of Gov't Lots 13 and 19 in Section 11; Lot B of Gov't Lots 19 in Section 11 and Gov't Lot 12 of Section 14 and Lots 1 and 2 in Block 1B of the Ridge Development, T5N, R3E, B.H.M., City of Deadwood, Lawrence County, South Dakota.

  17. q.First Reading of Ordinance #1385 for a Change of Zoning within the Planned Unit Development at The RIDGE at Deadwood.

  18. r.Act as Board of Adjustment and approve/deny the Variance Request for street grades for The Ridge at Deadwood - Preacher Smith legally described as: Remainder of Preacher Smith Tract (Less Lot A of the Ridge Development); Lots 1 & 22, Block 1B of the Ridge Development; and Block 1 and Block 1A of the Ridge Development, City of Deadwood, Lawrence County, South Dakota.

  19. s.Act as Board of Adjustment and approve/deny the Final Plat of Townhome Lots - The RIDGE at Deadwood - Randy & Cheri Horner. Legally described as: Plat of Utility Lot 1 and Lots 3-14 of Block 1B of the Ridge Development. Formerly a Portion of Preacher Smith Tract Located in Gov't Lots 10 and 12 of Section 11, T.5N., R.3E., B.H.M., City of Deadwood, Lawrence County, South Dakota.

  20. t.Act as Board of Adjustment and approve/deny the Final Plat for Creating Lots - The Ridge Development. Legally described as: Plat of Lots 90 Thru 94 of Block 1 of The Ridge Development. Formerly a Portion of Block 1 of The Ridge Development.; and, Lot 1 of Block 2 of the Ridge Development and Lot 15 of Block 1B of The Ridge Development. Formerly a Portion of Preacher Smith Tract.; and, The Dedicated Public Right-of-Way of Wild Canyon Drive and Gold Spike Drive all located in Gov't Lot 5 in Section 12 and Gov't Lots 10 & 12 in Section 11 of Township 5 North, Range 3 East, Black Hills Meridian, City of Deadwood, Lawrence County, South Dakota.

  21. u.Act as Board of Adjustment and approve/deny or continue the Public Hearing for the variance request for Curb, Gutters, Sidewalks, and Storm Sewer requirements - The RIDGE at Deadwood - Preacher Smith, LLC.

  22. v.Permission to hire K4 Trails at a cost of $6,300.00 to develop a Pathways and Trails Master Plan for the Fuller Brothers Property acquired by Historic Preservation.  ($2,700.00 to be paid from Fuller Bros. donation and remaining $3,600.00 from BID 8.)  

  23. w.Permission to hire K4 Trails at a cost of $5,670.00 to develop a White Rocks Pathways and Trails Master Plan to connect Deadwood Welcome Center to White Rocks across City owned property. (To be paid by BID 8 funding.)

  24. x.Permission for Finance Officer to sign updated engagement letter with Casey Peterson, LTD for professional services not to exceed $40,000.00.  (To be paid from Finance Professional Services.  $20,000 was previously approved on April 3, 2023.)  

  25. y.Permission for Fire Department to purchase two sets of SCBA  and two facepieces with four-point neck straps in the amount not to exceed $14,018.21.  (To be paid from Fire Dept Equipment line item.) 

11.Informational Items and Items from Citizens

  1. a.Raffle permit received from Northern Hills Republican Women.  Drawing will be held October 28, 2023.  

12.Executive Session

  1. a.Executive Session for Personnel Matters per SDCL1-25-2 (1) w/ possible action 
    Executive Session for Legal Matters per SDCL1-25-2 (3) w/ possible action

13.Adjournment

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