REGULAR MEETING, MAY 5, 2014

The Regular Session of the Deadwood City Commission convened on May 5, 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 Terri Williamsand CommissionersDavid Ruth Jr., Georgeann Silvernail, Gary Todd and Jim Van Den Eykel. All motions passed unanimously unless otherwise stated.

SWEAR IN COMMISSIONERS

The Honorable MichellePercy, Magistrate Judge, administered the Oath of Office to newly elected City Commissioners David Ruth Jr. and Jim Van Den Eykel.

SWEAR IN CITY ATTORNEY

The Honorable Michelle Percy, Magistrate Judge, administered the Oath of office to City Attorney Terri Williams.

APPROVAL OF MINUTES

Ruth moved, Silvernail seconded to approve the minutes of April21, 2014.Roll Call: Aye-All. Motion carried.

APRIL, 2014 PAYROLL: COMMISSION, $2,730.76; FINANCE, $14,991.71; PUBLIC BUILDINGS, $4,123.84; POLICE, $45,203.83; FIRE, $4,476.80; BUILDING INSPECTION, $3,626.96; STREETS, $25,336.08; PARKS, $15,303.80; PLANNING & ZONING, $4,007.06; LIBRARY, $6,018.44; RECREATION CENTER, $11,667.02; HISTORIC PRESERVATION, $12,008.66; WATER, $13,805.27;PARKING METER, $7,913.36; TROLLEY, $14,729.75; PARKING RAMP, $5,322.40; RUBBLE SITE, $1,497.00. PAYROLL TOTAL: $192,762.74

APRIL, 2014 PAYROLL PAYMENTS:

Internal Revenue Service, $47,229.40; S.D. Retirement System, $21,250.30; Delta Dental, $3,885.96

APPROVAL OF DISBURSEMENTS

Silvernail moved, Van Den Eykel seconded to approve theMay 5, 2014disbursements. Roll Call: Aye-All. Motion carried.

A & B BUSINESS MAINTENANCE 262.41

ACE INDUSTRIAL FLAGS 855.00

ALL AROUND AUTO SUPPLIES 209.25

ALSCO SUPPLIES 56.72

ARCHITECHTURAL DIGEST RENEWAL 72.00

ATCO INTERNATIONAL SERVICE 290.00

AUTO DOCTOR ALIGNMENT 75.90

BEST WESTERN LODGING 189.98

BIG SIOUX NURSEY TREES 1,088.45

BH CHEMICAL SUPPLIES 176.19

BH COMMUNITY ECON MEMBERSHIP 750.00

BH PIONEER SUBSCRIPTION 213.60

BH SPECIAL SERVICE CLEANING 1,357.00

BH SWIMMING CERTIFICATIONS 105.00

BUFFALO GAP COMMUNITY GRANT 9,667.97

CALIFORNIA CONTRACTORS SUPPLIES 249.90

CENTRAL WYOMING COLLEGE SCHOLARSHIP 1,000.00

CENTURY BUSINESS CONTRACT 299.54

CITY OF DEADWOOD MT. MORIAH 250.00

COCA COLA SUPPLIES 145.50

COMPANION LIFE INSURANCE 222.48

CONRADS SIGNS EXCISE TAX 56.07

CORBITT, SHELLEY DONATION 501.00

CREATIVE PRODUCT DARE 792.80

CULLIGAN SUPPLIES 52.00

DAKOTALAND RESTORATION 4,500.00

DEADWOOD CHAMBER SERVICE 109,063.55

DEADWOOD HISTORY PROJECTS 15,500.00

DEMCO SUPPLIES 1,605.16

DHARMA TREE REMOVAL 1,850.00

EMERY-PRATT BOOKS 63.15

ENERGY EQUIPMENT SERVICE 3,014.25

FARMER BROTHERS SUPPLIES 56.19

FASTENAL COMPANY SUPPLIES 45.42

FLAT EARTH SIGN SIGNAGE 890.00

FOUR WINDS INTERACTIVE MAINTENANCE 1,452.00

FOURFRONT DESIGN PROJECT 6,572.04

GLOVER, WILLIAM MEETINGS 550.00

HILLS MATERIALS SAND 444.36

KOALA ELECTRIC REPAIR 168.37

L&L INSULATION MASTIC 175.00

LARIVE, ANDREW REIMBURSEMENT 53.65

LAWRENCE CO. REGISTER FILE 90.00

LAWRENCE CO. SHERIFF'S PAPER 181.02

LAWRENCE TITLE COMPANY TITLE 25.00

MED-TECH RESOURCE SUPPLIES 190.52

MITZI'S BOOKS BOOKS 32.77

MDU GAS 10,158.60

MS MAIL SERVICE 1,269.00

NATIONAL BASEBALL PRINTS 52.50

NETWORK SERVICES SUPPLIES 580.78

NEVE'S UNIFORMS 311.84

NHS OF THE BH SERVICE 33.50

NORTHERN HILLS TECHNOLOGY SERVICE 27.00

NORTHWEST PIPE FITTINGS SUPPLIES 536.74

NOVUS SUPPLIES 60.00

PIONEER PRODUCTS SUPPLIES 537.64

PROMAXIMA MANUFACTURING SEAT 1,195.00

RADENSLEBEN, ROBERT REIMBURSEMENT 26.72

RADIO ENGINEERING SERVICE 870.83

RASMUSSEN PROJECT 2,532.92

RAYSOR, JAMES REIMBURSEMENT 182.26

ROCKY MOUNTAIN TREE PROJECT 500.00

ROGER BROOKS SERVICE 2,000.00

SANITATION PRODUCTS SWEEPER 525.00

SD DEPT. OF HEALTH SHOTS 20.00

SD DEPT. OF MOTOR PLATES 14.00

SD DEPT. OF REVENUE LICENSES 275.00

SD POLICE CHIEFS' REGISTRATION 75.00

SD PUBLIC HEALTH LAB TESTING 26.00

SD SECRETARY OF STATE REGISTER 125.00

SD STATE HISTORICAL MEMBERSHIP 35.00

SPORTS ILLUSTRATED SUBSCRIPTION 89.04

STRETCH'S GLASS SERVICE 1,188.02

SUMMIT SIGNS SERVICE 328.00

THE ARCHAEOLOGICAL RENEWAL 25.00

TRAFFIC CONTROL FLASHER 110.00

TRIDLE, JOHN REIMBURSEMENT 189.56

TRIPLE K SERVICE 3,093.90

TSP THREE PROJECT 4,253.58

TWILIGHT SUPPLIES 64.95

TWIN CITY HARDWARE SUPPLIES 6,574.01

VANWAY TROPHY PLAQUE 18.50

WOW SERVICE 2,164.87

YELLOWSTONE INTERNATIONAL AD 1,000.00

TOTAL $206,530.97

COMMISSION DEPARTMENTAL APPOINTMENTS

Mayor Turbiville announced the following Commission appointments:

David Ruth Jr. – Historic Preservation, Planning and Zoning Commissioner;

Georgeann Silvernail– Public Buildings, Parks & Recreation, Public Works Commissioner;

Gary Todd – Trolley and Safety Commissioner;

Charles Turbiville – Police and Fire Commissioner,

Jim Van Den Eykel – Finance Commissioner and Library Representative.

ITEMS FROM CITIZENS ON AGENDA

Request

Rose Speirs asked the Commission to allow the Adams Museum to serve beer and wine for Potato Creek Johnny Nugget unveiling on May 15, 2014 from 6:00 p.m. to 7:00 p.m. Roll Call: Aye-All. Motion carried.

Request

Rose Speirs, Deadwood History Inc., explained Pasport, a promotional program offer that encourages visitors to stay and enjoy Deadwood attractions. She requested that the promotion include free trolley rides for participants. Silvernail moved, Ruth seconded said request. Roll Call: Aye-All. Motion carried.

Permission

Silvernail moved, Ruth seconded to allow the Mayor to sign amended agreement with Greg Vecchi. Attorney Williams stated this agreement reflects a name change only, and that the original agreement was approved in January. Roll Call: Aye-All. Motion carried.

Water Break

Larry Shama appeared to contest the bill he received for the call out caused by the broken automatic sprinkler line in the building at 670 Main Street. Shama stated he did not intend to heat the building since it was vacant and completely empty therefore, he does not believe the building was subject to the requirements mandated by the 2012 International Building Code. He said he requested a water shutoff in August 2013 and paid the shut off fee assuming all water was shut off. According to Shama, the City did not shut it off and he requested a reimbursement of $262.39. In additionShama requested payment for four insurance claims resulting in a total deductible expenditure of $1,887.39, and the repair bill from Western States Fire Protection Company for the repairs to the broken automatic sprinkler line. After further discussion Mayor Turbiville asked Shama obtain claim form from Finance Office and file with City’s insurance carrier. Mr. Shama’s letter is on file at the Finance Office.

PUBLIC HEARING/BID OPENINGS

Public Hearing-Northern Hills Community Band

Public hearing was opened at 5:19 p.m. by Mayor Turbiville . No one spoke in favor or against. Hearing closed. Silvernail moved, Van Den Eykel seconded to approve the street closure on Main Street from Pine to Deadwood Street on Thursday July 24, 2014 from 6:15 p.m. to 7:45 p.m., and use of portico at History Interpretive Center Saturday July 26, 2014 beginning at 1:00 p.m. for the Northern Hills Community Bandperformance for the Days of 76 concerts. Roll Call: Aye-All. Motion carried.

Public Hearing-Vehicle Permit

Public hearing was opened at 5:17 p.m. by Mayor Turbiville to determine two issues: whether to grant a horse drawn vehicle permit, and if city should enter into lease with private party for carriage rides on Main Street. Jon Mattson explained the concept and believes the stagecoach will add to the enjoyment of history in Deadwood. Mattson stated both he and Dick Hermann visited with members of the following committees and organizations:Revitalization Committee, Parking and Transportation, Deadwood Business Club, Deadwood Chamber of Commerce, and all are in support of the concept. Hermann requested permit for a route thatwould begin by the Deadwood Trading Post on Main Street, proceed up Main Street, and turn around at Wells Fargo, back down Main Street to Four Aces or Lower Main lotandreturn to Deadwood Trading Post. Commissioner Todd asked Police Chief Fuller about his concerns. Fuller stated that he originally supported the idea but after reflection he personally would not vote that way again. He said he feels he would not be doing his job if he did not say this proposal is high risk for potential problems lying in wait that could result in tragedy and recalled other localincidents involving spooked horses. Days of 76 member Ted Thompson spoke in favor and believes Hermann is one of the most experienced drivers he knows with no past issues or injuries. Business owner and resident Ron Russo spoke in support, as did business ownersRick Olesen and Jim Tice. All parties stated that Deadwood has been known for just this type of attraction in the past, and tourists on Main Street are searching for just this type of activity. Shari Kosel spoke against the proposal and presented commission with several articles in support of her position, citing many accidents that have occurred in the United States and Canada since 2007. Kosel also voiced concerns about humane care of horses who would be required to stand on cobblestone streets with no water, and suggested the Days of 76 Museum as an alternate site.Joe Kosel also spoke in opposition and requested that commission consider legal expenses that may occur if liability concerns are not taken seriously. Deadwood resident Francie Foralspoke against the permit given the busy location and requested a different location be considered. Deadwood resident Matt Pike urged Commission to continue the matter until liability issues were addressed. Commissioner Silvernail asked city attorney Williams if $1,000,000 liability coverage was sufficient. Williams replied that it was not. Further discussion was held regarding agreement between City of Deadwood and Days of 76, and then Deadwood History Inc. to assume care, and maintenance of the city-owned stagecoach.Attorney Williams advised the Commission that while she is not advocating whether or not permit should be issued, but if granted, the City should be involved in an agreement concerning the lease and terms of use of the coach,which parties are involved, and especiallyhow liability issues need to be addressed if city is inclined to grant a permit.After further discussion and questions from Commission regarding alternate location and issues between city and Deadwood History, Silvernail moved, Van Den Eykel seconded to continue until Monday May 12, 2014 for more review and documentation, and upcoming Deadwood History Inc. board meeting.

Public Hearing-Dakota Sky Stone

Public hearing was opened at 6:05 p.m. by Mayor Turbiville. Jim Tice spoke in favor. Hearing closed. Silvernail moved, Van Den Eykel seconded to approve the Package (off sale) Malt Beverage and South Dakota Farm Wine License to Virginia “Annie” Tice-Poseley dba Dakota Sky Stone at 671 Main Street. Roll Call: Aye-All. Motion carried.

Public Hearing-Deadwood Trading Post

Public hearing was opened at 6:07 p.m. by Mayor Turbiville. Rick Olesen spoke in favor. Hearing closed. Silvernail moved, Van Den Eykel seconded to approve the Retail (on-off sale) malt Beverage and South Dakota Wine License to Richard and Marguerite Olesen dba Deadwood Trading Post at 624 Main Street. Roll Call: Aye-All. Motion carried.

Public Hearing

Ruth moved, Silvernail seconded to set public hearing at 5:03 p.m. on May 19, 2014 for Black Hills Veterans March held on September 20, 2014: open container, use of rodeo grounds. Roll Call: Aye-All. Motion carried.

Public Hearing

Silvernail moved, Ruth seconded to set public hearing at 5:05 p.m. on May 19, 2014 for Sturgis Mustang Rally August 29, 2014: street closure. Roll Call: Aye-All. Motion carried.

Public Hearing

Silvernail moved, Van Den Eykel seconded to set public hearing at 5:07 p.m. on May 19, 2014 for Legends Ride August 4, 2014: street closure, waiver of banner fees, motorcycle parking. Roll Call: Aye-All. Motion carried.

Public Hearing

Ruth moved, Silvernail seconded to set public hearing at 5:09 p.m. on May 19, 2014 for free Motorcycle Parking on Main Street July 27 through August 9, 2014 and Interpretive Parking Lot July 31 through August 9, 2014. Roll Call: Aye-All. Motion carried.

Public Hearing

Silvernail moved, Ruth seconded to set public hearing at 5:11 p.m. on May 19, 2014 for Kool Deadwood Nites Events August 21 through August 24, 2014: open container, street closure, waiver of vending, and banner fees, and use of Interpretive Lot and Rodeo Grounds at no charge. Roll Call: Aye-All. Motion carried.

Bid Opening

Silvernail moved, Van Den Eykel seconded to set bid opening at 5:05 p.m. on June 2, 2014 for Rotary Park/Martha E. Bullock Park Improvements Roll Call: Aye-All. Motion carried.

Bid Opening

Silvernail moved, Todd seconded to set bid opening at 5:05 p.m. on June 16, 2014 for generator at city hall. Roll Call: Aye-All. Motion carried.

Bid Opening

Silvernail moved, Ruth seconded to set bid opening at 5:07 p.m. on June 16, 2014 for cold storage construction. Roll Call: Aye-All. Motion carried.

HISTORIC PRESERVATION/PLANNING AND ZONING

Contract

Ruth moved, Silvernail seconded to allow the Mayor to sign contract with CAI2 for retaining wall project at 2 Dudley Street. Roll Call: Aye-All. Motion carried.

Agreement

Ruth moved, Todd seconded to allow the Mayor to sign agreement for use of property for Archeology Camp. Roll Call: Aye-All. Motion carried.

Update

Ruth moved, Silvernail seconded to continue with Gateway sign improvements with Flat Earth Art and Sign Company after review of completed sign by Mickelson Trail. Roll Call: Aye-All. Motion carried.

Contract

Ruth moved, Silvernail seconded to enter into contract with Macrovision at cost of $10,500.00 for fifteen additional Historic Preservation Moments. Roll Call: Aye-All. Motion carried.

Agreement

Ruth moved, Silvernail seconded to allow the Mayor to sign loan agreement 2014-03 with Hulett Museum to display Hickok collection. Roll Call: Aye-All. Motion carried.

Permission

Ruth moved, Silvernail seconded to reprint Downtown Walking Tour Brochure at cost not to exceed $5,100.00 paid by Historic Preservation Public Education. Roll Call: Aye-All. Motion carried.

Permission

Ruth moved, Todd seconded to hire summer interns Chase Job effective May 20, 2014 at $8.28 an hour and Matt Hodson effective May 19, 2014 at $10.00 an hour pending pre-employment screening. Roll Call: Aye-All. Motion carried.

Permission

Ruth moved, Silvernail seconded to allow Deadwood History Inc. to install a 6’x8’ greenhouse by Days of ’76 Museum. Chelsie Bauer stated the greenhouse would be used for summer camp, afterschool programs and weekend workshops. Roll Call: Aye-All. Motion carried.

Permission

Ruth moved, Van Den Eykel seconded to advertise for part-time office assistant for Historic Preservation and Planning and Zoning in house for five days, and outside if not filled, starting wage $8.00 an hour. Roll Call: Aye-All. Motion carried.

Permission

Ruth moved, Silvernail seconded to spend an amount not to exceed $15,000.00 for additional benches and trashcans from Historic Preservation Capital Assets. Interested businesses can participate with 50% cost share. Roll Call: Aye-All. Motion carried.

STREETS AND WATER/PARKS AND REC/PUBLIC BUILDINGS

Permission

Silvernail moved, Ruth seconded to move Rec Center employee Emily Reif from receptionist to summer camp director and increase wage from $8.00 an hour to $10.35 an hour effective May 27, 2014. Roll Call: Aye-All. Motion carried.

Permission

Silvernail moved, Todd seconded to hire Jarod Skvicalo and Grace Jacobs as summer camp assistants at $8.00 an hour effective May 27, 2014, and Elizabeth Belmonte as receptionist at $8.00 an hour effective May 27, 2014. Roll Call: Aye-All. Motion carried.

Permission

Silvernail moved, Ruth seconded to allow utility companies to lay conduit from Cemetery to Walnut Streets in preparation for Highway 85 project. Public Works Director Raysor stated the sidewalk would be torn out from late July through next October if the project moved as proposed. He stated if the project exceeds the bids,city would be without a sidewalk in that area for an additional summer. Roll Call: Aye-All. Motion carried.

Contract

Silvernail moved, Van Den Eykel seconded to allow the Mayor to sign Electric Power Service Contract to enroll Rec Center in large user program. Public Works Director Raysor stated this program would reduce the City’s power cost by up to $7,000.00 a year. Roll Call: Aye-All. Motion carried.

Discussion

Discussion was held on the VIP Restrooms at the Rodeo Grounds. Public Works Director Raysor stated the lowest quote received was $64,000.00, which exceeds allowable limit and must be bid. Commissioner Todd asked if this project is a priority and asked about upgrades to concessions rather than restrooms. After further discussion Todd moved, Silvernail seconded to continue VIP Restrooms to Capital Improvement Committee until 2015, and obtain input from Days of ’76 Committee. Roll Call: Aye-Ruth, Silvernail, Todd, Turbiville. Nay-Van Den Eykel. Motion carried.

Expenditure

Silvernail moved, Van Den Eykel seconded to approve the expenditure of up to $4,000.00 for repairs on John Street if necessary due to water leak, paid from Water Fund. Roll Call: Aye-All. Motion carried.

Information

Commissioner Silvernail stated there will be a meeting Tuesday May 6, 2014 at 5:15 p.m. to meet with residents for utility work on Charles Street.

Permission

Silvernail moved, Ruth seconded to spend $5,178.86 for step machine from Push Pedal Pull form Rec Center budget. Roll Call: Aye-All. Motion carried.

Contract

Silvernail moved, Ruth seconded to enter into contract with Global Caulking to repair parking ramp at cost not to exceed $29,891.72 to be paid from Parking Ramp funds. Raysor stated this was only company to respond to his request for quotes. Roll Call: Aye-All. Motion carried.

Permission

Silvernail moved, Ruth seconded to hire Pam Goodwin at Mt. Moriah effective May 12, 2014 at $8.28 an hour pending pre-employment screening. Roll Call: Aye-All. Motion carried.

Approval

Silvernail moved, Ruth seconded to approve the installation of trolley barn door at cost of $3,200.00 from Overhead Door. Roll Call: Aye-All. Motion carried.

Information

Public Works Director Raysor stated a portion of Selby Street has slumped, due to build up of water behind the concrete. Repair and cost will be forthcoming and road should remain closed.

POLICE/FIRE/LIBRARY

Hire

Ruth moved, Silvernail seconded to hire the following three candidates into Police Reserve Program: Erich Orris, Skylar Thorsen and Deam Delarmente Carollo at starting wage of $11.38 an hour. Roll Call: Aye-All. Motion carried.

Wage Increase

Silvernail moved, Ruth seconded to increase wage of Fire Department Office Assistant Lynette Quaschnick from $8.00 an hour to $8.28 an hour effective May 1, 2014 after one year of service. Roll Call: Aye-All. Motion carried.