City Commission Regular Meeting Monday, May 02, 2022 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

  1. a.Swear In and taking Oath of Office 
    Mayor - David R. Ruth Jr.  
    City Attorney - Quentin Riggins

2.Roll Call

  1. a.Commission Departmental Appointments

    David Ruth Jr. – Commissioner of Finance & Revenue and Chamber of Commerce Representative
    Sharon Martinisko –  Commissioner Public Works & Utilities, Public Buildings and Council of Local Governments Representative 
    Gary Todd – Commissioner of Public Safety (Police & Fire) and Commission President
    Charlie Struble – Commissioner Planning and Zoning, Historic Preservation, Event Committee Chair and Deadwood History Board Member
    Michael Johnson - Commissioner Recreation & Aquatics, Trolley and Library Representative

3.Approve Minutes

  1. a.Approval of April 18, 2022 City Commission minutes 

4.Approve Bills

  1. a.Approval of Bill List for May 2, 2022 

5.Items from Citizens on Agenda

  1. a.Proclamation declaring May 15 - May 21, 2022 as Police Week in City of Deadwood

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.Approve addendum to the Deadwood Recreation and Aquatics Center lifeguard training manual to include guidelines for 15 year-old lifeguards.  

  2. b.Permission to hire Herbert Cowart as a Seasonal Trolley Driver at $15.01 per hour pending pre-employment screening, effective May 18, 2022.

  3. c.Update previous request/approval Trolley Service for Deadwood Historic Preservation Office and Deadwood History's Archaeology Camp for Lead-Deadwood students to allow include June 10, 2022 making complete request of June 6-10, 2022 and June 13-16, 2022.

  4. d.Permission to pay Chamberlin Architects invoice for Days of '76 Grandstand Restroom project in the amount of $4,384.60. (Expenditure part of approved budget for HP Capital Assets)

  5. e.Permission to pay Wheeler Lumber LLC invoice for lumber for repairs to the lower seating in the Days of ’76 main grandstand in the amount of $3,072.00 to be paid from the HP Capital Assets Rodeo Grounds line item.

  6. f.Permission to hire Wes Thompson and John D. Egemo as Mt. Moriah Ticket Booth Attendants at $13.27 per hour effective May 9, 2022, pending pre-employment screening. 

  7. g.Permission for the Mayor to sign loan agreement with USD Department of Anthropology & Sociology for Suds Row Archaeological Investigation for Historic Preservation Office archaeological equipment.

  8. h.Permission to hire Dakota Barricade for traffic control devices to be used during the approach repair to the Railroad Parking Lot on Highway 14A in the amount of $3,250.00. (To be paid from Streets repairs budget.)

  9. i.Permission to increase wage of Community Service Officer Tom Riley from $19.39 per hour to $20.47 per hour effective May 5, 2022 after one year of service.  

  10. j.Approve application, fire safety checklist and safety guide for City of Deadwood Mobile Food and Beverage Vending Permit.  

  11. k.Permission to hire Alison Ball as part-time Library Assistant II at $13.27 per hour effective May 9, 2022 pending pre-employment screening.  

  12. l.Permission to pay BlackStrap in the amount of $3,949.40 for deicer.  (To be paid for from Street supplies.)  

  13. m.Permission to advertise in-house for 5 days (and then in official newspaper) for an additional Public Works Seasonal Tech position at $15.39 per hour.  (Two less parks seasonal positions will be filled.)  

  14. n.Permission to pay Heiman Fire Equipment in the amount of $5,204.96 for personal protection equipment for the fire department.  (To be paid from Fire Dept. Equipment line item. Purchase was originally approved on June 15, 2020 but equipment was delayed due to COVID and not received until 2022.)  

  15. o.Permission to hire Verla Little as a part-time patrol officer at $23.22 per hour effective May 9, 2022, pending pre-employment screening.  

7.Bid Items

  1. a.Results of bid opening on Wednesday, April 27, 2022 at 2:00 p.m. for Sampson Avenue Area Mill and Overlay Project.  One bid was received.  Simon Construction $282,218.00. 

  2. b.Acknowledge receipt of the following design teams for the Request for Proposal for the Miller Street Parking Garage:  JLG Architects, TSP,  and Chamberlin Architects  (Parking & Transportation Committee will review and make recommendation at a future City Commission meeting.)  

  3. c.Permission to advertise and accept bids for the 23 Centennial Avenue Retaining Wall with bids due June 2, 2022 at 2:00 p.m. with results to the City Commission June 6, 2022 at 5:00 p.m.

  4. d.Permission to advertise and accept bids for the 9 Shine Street Retaining Wall with bids due June 2, 2022 at 2:00 p.m. with results to the City Commission June 6, 2022 at 5:00 p.m.

  5. e.Permission to advertise and accept bids for the 57 Forest Avenue Retaining Wall with bids due June 2, 2022 at 2:00 p.m. with results to the City Commission June 6, 2022 at 5:00 p.m.

  6. f.Permission to advertise and accept bids for the 8 Jefferson Street Retaining Wall with bids due June 2, 2022 at 2:00 p.m. with results to the City Commission June 6, 2022 at 5:00 p.m.
       

8.Public Hearings

  1. a.Hold public hearing for the closure of Siever Street during the concert events for the Deadwood Live Series at Outlaw Square.  Dates and times are: Thursday, May 26 at midnight through midnight on Sunday, May 29; Saturday, July 2 at midnight through midnight on Sunday, July 3; Thursday, July 7 at midnight through midnight on Saturday, July 9; Wednesday, August 3 at midnight through midnight on Thursday, August 4; and Thursday, September 1 at midnight through midnight on Friday, September 2, 2022.

  2. b.Hold public hearing for Deadwood Live: open container in zone 1 and 2 from 4:30 p.m. until 10:00 p.m. on Friday, May 27, Saturday May 28 and Sunday May 29; street closure on Deadwood Street from 7:00 a.m. on Friday, May 27 to 1:00 a.m. on Monday, May 30; street closure on Main Street from Pine to Shine Street after the 4:00 p.m. Deadwood Alive Street Performance on Friday, May 27 to 10:00 p.m. on Saturday, May 28, 2022.      

  3. c.Hold public hearing for Retail (on sale) Liquor License Transfer from Nugget Saloon, LLC to Broken Arrow Trading Company. 

  4. d.Set public hearing on May 16, 2022 for Neighborhood Block Club's Community Picnic: open container in zone 4 (Outlaw Square) on Sunday, July 17, 2022 from 4:00 p.m. to 6:00 p.m. 

  5. e.Set public hearing on May 16 for Retail (on-off sale) Malt Beverage and Retail (on-off sale) Wine for Miriam Quiroz Diaz dba Michelle's Tacos Deadwood at 622 Main Street 

  6. f.Set public hearing on May 16 for Deadwood Live: street closure on Deadwood Street from Main Street to Pioneer Way from 7:00 a.m. on Sunday, July 3 to 1:00 a.m. on Monday, July 4; street closure on Main Street from Pine to Shine Street at 5:00 p.m. to 10:15 p.m. on Sunday, July 3; open container in zone 1 and 2 from 4:30 p.m. to 10:00 p.m. on Sunday, July 3, 2022.  

  7. g.Set public hearing on May 16 for Deadwood Live: street closure on Deadwood Street from Main Street to Pioneer Way from 7:00 a.m. on Friday, July 8 to 1:00 a.m. on Sunday, July 10; street closure on Main Street from Pine to Shine Street after the 4:00 p.m. Deadwood Alive Street Performance on Friday, July 8 to 10:15 p.m. on Saturday, July 9; open container in zone 1 and 2 from 4:30 p.m. to 10:00 p.m. on Friday, July 8 and Saturday, July 9, 2022.  

  8. h.Set public hearing on May 16 for NAJA Shriners Beer-A-Thon and Craft Beer Tasting: open container in zones 1 and 2 on Friday, July 22 from 5:00 p.m. to 10:00 p.m. and Saturday, July 23, 2022 from noon to 10:00 p.m.

  9. i.Set a public hearing on May 16 for Days of '76 Events: street closure on Main Street from Lower Main Street at Pioneer Way to Pine Street and a portion of 14A from Lower Main Street to event complex from 1:00 p.m. until parade ends on Friday, July 29 and from 9:30 a.m. until parade ends on Saturday, July 30; open container Thursday, July 21 through Sunday July 31 from 7:00 a.m. to 2:00 a.m. daily at Event Complex; special full temporary liquor license on Sunday, July 24 through Saturday, July 30 from 8:00 a.m. to 10:00 p.m. daily at Event Complex; and waiver of user fees Wednesday, July 20 through Wednesday, August 3, 2022 at the Event Complex.  

  10. j.Set public hearing on May 16 for Deadwood Jam Event: street closure on Deadwood Street from Main Street to Pioneer Way from 8:00 a.m. on Thursday, September 15 to 2:00 a.m. on Sunday, September 18; street closure on Siever Street from midnight on Thursday, September 15 through midnight on Saturday, September 17; open container in Zones 1 and 2 on Friday, September 16 from 5:00 p.m. to 10:00 p.m. and Saturday, September 17 from noon to 10:00 p.m.; waiver of banner and vending fees Friday, September 16 and Saturday, September 17, 2022

9.Old Business

  1. a.Discuss (with possible action) Adams Salvage, Tri-City Rubble site operator, request to impose  a temporary fuel surcharge of $5.00 to residential customers and $7.00 to commercial customers as an addition to the annual fee schedule. (Continued from April 18, 2022 meeting.)  

10.New Business

  1. a.Second reading of Ordinance #1353 - Mobile Food and Beverage Vending Permit (Chapter 5.06) 

  2. b.Resolution 2022-10 Mobile Food & Beverage Vending Permit and Application Fee

  3. c.Act as Board of Adjustment and approve/deny the final plat for applicant WJP Holdings, LLC.  The property is legally described as:  LOTS 12A, 12B, 13A AND 13B, BLOCK 4A OF PALISADES TRACT OF DEADWOOD STAGE RUN ADDITION TO THE CITY OF DEADWOOD LOCATED IN THE SW1/4 OF 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, B.H.M., CITY OF DEADWOOD, LAWRENCE COUNTY, SOUTH DAKOTA FORMERLY A PORTION OF LOT 1, BLOCK 4A.  (Approved by Planning and Zoning Commission on April 20, 2022)

  4. d.Act as Board of Adjustment and approve/deny the final plat for applicants Louis and Linda Stojack.  The property is located at 62 Denver Avenue and is legally described as:  Lots 1 and 2 of Tract 1 of Block N, O.T. Deadwood; Formerly the E. Part of Lot 13 and Part of Lot 12, Block N, O.T. Deadwood, City of Deadwood, Lawrence County, South Dakota. (Approved by the Planning and Zoning Commission on April 20, 2022)

  5. e.Permission to issue Medical Dispensary Cannabis License to the following establishments, subject to State approval: 
    From the Hills, LLC - 470 Main Street
    GGG Dispensary - 424 Main Street
    Deadwood Growhouse - 32 Charles Street
    GLP SD, LLC - 250 Main Street # 101

  6. f.Permission for Finance Officer to sign leases for two trolleys (2022 Villager VL190G) with Huntington National bank in the amount of $161,221.00 each per Bid opening on August 2, 2021.  Lease terms are as follows: Trolley 4: four year term.  $39,227.97 annually.  Trolley 5: five year term.  $33,691.45 annually.  

  7. g.Permission to enter into contract with KLJ Engineering LLC for preliminary design services, construction plans, bidding, and construction administration of a new roadway to access Stage Run Development in the amount of $152,500.00. (To be Paid from from offset of federal grant funding.)

  8. h.Permission to enter into contracts with Towey Design Group in the amount of $22,250.00 and West Plains Engineering in the amount of $32,500.00 for design services, construction plans, and construction administration of Upper Main Street (908 Main to 735 Main) which includes relocating overhead utilities to underground, curb and sidewalk repairs, and roadway resurfacing. (To be Paid from from offset of federal grant funding.)

11.Informational Items and Items from Citizens

12.Executive Session

  1. a.Executive Session for Personnel Matters per SDCL 1-25-2 (1) with possible action.
    Executive Session for Legal Matters per SDCL 1-25-2(3) with possible action.

13.Adjournment

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