City Commission Regular Meeting Monday, May 01, 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

  1. a.Swear In and taking Oath of Office 
    Commissioners - Charlie Struble and Michael Johnson
    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 of Public Works & Utilities, Council of Local Governments Representative 
    Gary Todd – Commissioner of Public Safety (Police & Fire) and Commission President
    Charlie Struble – Commissioner of Parks, Recreation & Events & Historic Preservation and Library Representative 
    Michael Johnson - Commissioner of Planning & Zoning, Parking & Transportation and Deadwood History Board Member

3.Approve Minutes

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

4.Approve Bills

  1. a.Approval of Bill List for May 1, 2023

5.Items from Citizens on Agenda

  1. a.Proclamation declaring May 14 - May 20, 2023 as Police Week in City of Deadwood

  2. b.Proclamation declaring the week of May 15 - May 21, 2023 as Law Enforcement Torch Run for Special Olympics South Dakota week.  

  3. c.Proclamation declaring Friday May 12, 2023 as Arbor Day in the 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.Permission for the Mayor to reappoint Mike Albertson (engineer); Jenn Johnson (architect); and Vaughn Smith (contractor) to the Board of Appeals with the term expiring on May 31, 2026.

  2. b.Permission to advertise in-house for 5 days and then in official newspaper for Parks Technician position at $19.00 per hour. (D9 rank)

  3. c.Permission to accept resignation from part-time police officer, Brandon Snyder, effective April 13, 2023.

  4. d.Permission to hire Tashon Clark as full-time (non-certified) police officer at $23.22 per hour effective May 7, 2023 and Keegan Holzapfel as full-time (non-certified) police officer at $23.22 per hour effective May 14, 2023.  Both pending pre-employment screening.  

  5. e.Permission to hire Erica Hansen, James Burke, Jonas Runge and Maeve Campbell as part-time life guards at the rate of $14.33 per hour effective May 10, 2023 pending pre-employment screening. 

  6. f.Permission to hire Douglas White as seasonal Mt Moriah ticket booth attendant at $14.33 per hour effective May 8, 2023 pending pre-employment screening.  

  7. g.Permission to advertise in-house for 5 days and then in official newspaper for Rec Center Director position at $25.00-$27.00 per hour (D15-17 rank) depending on education, experience and qualifications.

  8. h.Permission to adopt updated position description for Historic Preservation Officer.

  9. i.Permission to adopt updated position description for Zoning Administrator.

  10. j.Permission to adopt updated position description for the City Planner.

  11. k.Permission to advertise for part-time (10 hours per week) Library Assistant II position at $14.33 per hour and part-time (25 hours per week) Library Assistant I at $15.57 per hour.  

  12. l.Permission for Mayor to sign Oakridge Cemetery Certificates of Purchase and Warranty Deeds for Tyler Rachetto and Joshua Taylor, and Corrected Warranty Deed for Gregg Maynard.

  13. m.Permission to waive City pet licensing fees on May 25th, 2023 for City-sponsored Pet Licensing Day at Welcome Center. Veterinarian will be on onsite to offer discounted pet vaccinations, as well.  

  14. n.Acknowledge Deadwood Public Library 2022 Annual report which was submitted to SD State Library.  

  15. o.Permission for Mayor to sign City Five Cent Slot Machine Lease and Operating Agreement transfer from Super G to SGM SD LLC.  

7.Bid Items

  1. a.Permission to advertise and set bid opening for June 15, 2023 at 2:00 p.m. with results to the City Commission on June 19, 20233 for Whitewood Creek Restoration - Bid Package 1 - Sites 1C, 2A, 2B, 3A, 3B for FEMA Project #123108.

  2. b.Results of bid opening on Thursday, April 27 at 2:00 p.m. for the “Days of 76 VIP Grandstand – Concessions Building.” Ainsworth Benning - $1,259,846.00, Rangel Construction - $1,332,800.00, Complete Concrete - $1,568,700.00.  

  3. c.Results of bid opening on Thursday, April 27 at 2:00 p.m. for the City wall adjacent to "Berg Jewelry Stair Enclosure.” Complete Concrete - $498,254.00

  4. d.Results of bid opening on Thursday, April 27 at 2:00 p.m. for the retaining wall at 5 Harrison Street.  RCS Construction - $197,000.00, Complete Concrete - $286,795.00

8.Public Hearings

  1. a.Hold public hearing for Conditional Use Permit for Home Occupation at 63 Stewart Street for Carson Witt and Act as Board of Adjustment for approval, approval with conditions or denial.  

  2. b.Hold public hearing for Convention Center (on-sale) Liquor and Retail (on-off sale) Malt Beverage & SD Farm Wine License transfers from Cliff Street, LLC to Deadwood Gaming BHCI LLC dba Deadwood Comfort Inn. 

  3. c.Set public hearing on May 15 for Convention Center (on-sale) Liquor (CL-0506), Retail (on-off sale) Malt Beverage & SD Farm Wine (RB-2659) and Retail (on-off sale) Wine and Cider (RW-6643) License transfers from Hotel Franklin Inc. to SGMSD, LLC dba Franklin Hotel.  

  4. d.Set public hearing on May 15 for Retail (on-sale) Liquor (RL-5538), Retail (on-off sale) Malt Beverage & SD Farm Wine (RB-2512) and Retail (on-off sale) Wine and Cider (RW-6436) License transfers from Super G Investments, Inc. to SGMSD, LLC dba Silverado Gaming Establishment and Restaurant.  

  5. e.Permission to waive 45-day requirement and set public hearing on May 15 for Summer Kick Off Concert: open container in zone 1 and 2 from 5:00 p.m. until 10:00 p.m. on Friday, May 26, and Saturday, May 27 from noon to 10:00 p.m.; street closure on Deadwood Street from Main Street to Pioneer Way from 7:00 a.m. on Friday, May 26 to 1:00 a.m. on Sunday, May 28, 2023.         

  6. f.Set public hearing on May 15 for Deadwood Moto Show Event: open container Friday, June 2 from 5:00 p.m. to 10:00 p.m. and Saturday, June 3 from 5:00 p.m. to 10:00 p.m. at the Event Complex; and waiver of user fees Tuesday, May 30 through Monday, June 5 2023 at the Event Complex.  

  7. g.Set public hearing on May 15 for NAJA Shriners Circus Event: waiver of user fees at Event Complex Saturday, June 24, 2023.  

  8. h.Set public hearing on May 15 for Holistic Fair: open container in zone 3 only from 3:00 p.m. to 7:00 p.m. on Saturday, June 24; street closure on Deadwood Street from Main Street to Pioneer Way from 7:00 a.m. to 10:00 on Saturday, June 24, 2023.           

  9. i.Set public hearing on May 15 for Bev's Poker Run: Main Street Parking from Wall to Lee Street (southwest side only) from 5:00 p.m. to 10:00 p.m. on Sunday, June 25, 2023.

  10. j.Set public hearing on May 15 for NAJA Shriners Beer-A-Thon and Craft Beer Tasting: open container in zone 1 and 2 from 5:00 p.m. until 10:00 p.m. on Friday, July 14, and Saturday, July 15 from noon to 10:00 p.m.; street closure on Deadwood Street from Main Street to Pioneer Way from noon on Friday, July 14 to 10:00 p.m. on Saturday, July 15, 2023.         

9.Old Business

10.New Business

  1. a.Second Reading of Ordinance #1367 Amending Chapter 17.08 - Definitions within Title 17 Zoning dealing with Short-Term Rentals.

  2. b.Second Reading of Ordinance #1368 Amending Chapter 17.32 C1 Commercial District under Title 17 Zoning dealing with Short-Term Rentals.

  3. c.Second Reading of Ordinance #1369 - Amending Chapter 17.40 CH Commercial Highway District under Title 17 Zoning dealing with Short-Term Rentals.

  4. d.Second Reading of Ordinance #1370 Amending Chapter 17.53 Transient Commercial Use of Residential Property under Title 17 Zoning dealing with Short-Term Rentals.

  5. e.First Reading Ordinance #1371 Chapter 2.08 City Officers 

  6. f.Permission to payoff 2021 Mack Dumptruck Vin # 2317 in the amount of $63,592.36 (2023 and 2024 lease payments) to KS State Bank.  Permission to allow Finance Officer to complete paperwork for City to receive $70,202 rebate from SD DENR - AQ Program. 

  7. g.Approve Resolution 2023-12 to Surplus 1995 International 4800 dump truck.  

  8. h.Resolution 2023-13 Set fees for 8 inch water tap.  

  9. i.Permission to allow Mayor to sign contract and with Avid4 Engineering for 2023 GIS Services in an amount not to exceed $30,000.00.  (To be paid through professional services of departments using services.)

  10. j.Permission to continue to contract with Towey Design Group for Phase 3 of the Deadwood Water Facility Plan in that amount not to exceed $24,280.00.  Phase 3 will give the City the documentation needed to get on the State Water Plan and apply for funding. (To be paid by Water professional services.)  

  11. k.Permission to hire Julie Stone as an independent contractor in an amount not to exceed $15,000.00 to conduct records research for M.S. 72 and M.S. 89 to be incorporated into a GIS Layer. (To be paid from HP Public Education Budget.)

  12. l.Permission to purchase and pay for large format scanner from Large Document Solutions in the amount not to exceed $7,700.00, including trade-in of two existing scanners. (To be paid from HP  Machinery & Equipment line item.)

11.Informational Items and Items from Citizens

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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