October 16, 2017

A regular meeting of the Common Council of the City of Hot Springs, South Dakota, was convened on October 16, 2017 at 7:00PM at the Mueller Civic Center with Mayor George Kotti presiding

Members Present: Harlene Cain, Georgia Holmes, Martin Meyer, Bob Nelson, Ron Richards, Carolann Schwarzenbach, Schuyler Wetzel and Sam Powers

Staff Present: Finance Officer Misty Summers-Walton, City Administrator Kim Barbieri, MCC Bldg. Mgr. Chris Kattke, MCC Staff Karl Bochert, Police Officer Zachary Schafer, City Attorney Garland Goff

ALL ACTIONS RECORDED IN THESE MINUTES WERE BY UNANIMOUS VOTE UNLESS OTHERWISE STATED

Agenda: Mayor Kotti requested to add executive session 1-25-2 (3) Legal contract to the agenda prior to new business Moved by Powers, seconded by Schwarzenbach, to approve the amended agenda

Minutes: Moved by Schwarzenbach, seconded by Richards, to approve October 2, 2017 regular council meeting minutes

Claims: Moved by Nelson, seconded by Schwarzenbach, to approve bills in between of $141,612.00

BILLS IN BETWEEN: October 16, 2017: City of Hot Springs, $18,661.67, General Payroll; City of Hot Springs, $8,852.14, Golf Payroll; City of Hot Springs, $9,040.98, Water Payroll; City of Hot Springs, $6,215.14, Sewer Payroll; City of Hot Springs, $10,178.56, Evans Plunge Payroll; City of Hot Springs, $16,338.10, Payroll Deductions; SDRS, $22,606.62, Retirement Reporting; SDRS Supplemental, $255.00, Happe, Wainman Retirement Reporting; Chamer of Commerce, $17,780.77, Sales Tax Allotment/80% LLD; Barnyard Veterinary, $366.95, Monthly Contract/Animal Boarding ACO; Fall River Sanitation, $13,854.29, Payments Collected; SD Dept of Revenue, $8,034.96, Sales Tax Allotment; Verizon Wireless, $550.93, Monthly Charges; Golden West, $1,935.11, Monthly Charges; Heartland Payment Systems, $1,003.17, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $644.73, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $202.53, City/Water Monthly Credit Card Processing Fee; Custer-Fall River Regional Waste Mgt, $2,503.11, Solid Waste Landfill Fees; Ranee Priem, $1,086.41, Meter Reading; S.D. Unemployment, $1,500.83, 3rd Qtr Unemployment Contributions;

TOTAL: $141,612.00

F.O. noted decrease in claims of $3,180, page 3 Black Hills & Badlands was $4,773 now $1,593, Moved by Schwarzenbach, seconded by Meyer, to approve current claims of $51,404.66

CURRENT CLAIMS: October 17, 2017: ACCOUTER RENTAL &, $59.82, ROTO TILLER; ACE HARDWARE, $1,315.08, ARMOURAL, TURTLE WAX; AL CORNELLA, $248.92, PRESSURE GAUGE, BUSHING,; ALSCO, $234.30, TOWELS, MOPS, RUGS (SEPT 7; BEESLEY LAW OFFICE PC, $2,010.00, AUG & SEPT 2017 LEGAL; BIERSCHBACH, $1,093.02, VOLUTE CASING, WEAR PLATE; BLACK HILLS &, $1,593.00, 2018 TRADE MEMBERSHIP RENEW; BUILDERS, $389.73, 7 2X4X16 WOOD; BUTLER MACHINERY CO, $93.46, KIT LEVER/KIT PIVOT (LOADER); CORE & MAIN LP, $467.19, SENSUS COMMAND LINK; CWD, $401.54, CHEESE, HOT DOGS, CORN; ECOLAB PEST ELIM, $73.28, SEPT PEST CONTROL W.WATER; FALL RIVER AUTO, $651.21, HITCH PINS, HYDRAULIC HOSE &; F. R. COUNTY AUDITOR, $1,120.46, SEPT HWY FUEL USAGE; FALL RIVER TURF, $1,600.00, SPRINKLER SYSTEM; FASTENAL COMPANY, $12.53, 4 FASTNERS; FISHER BEVERAGE, $311.80, BOTTLES/CASES BEER; GARLAND LEE GOFF, $1,736.19, LEGAL SERVICES RENDERED; GOLDEN WEST TECH, $64.11, OCT TELEPHONY CARE; HAPPE JASON, $392.16, MEALS & MILEAGE; HILLS MATERIALS, $315.59, BASE COURSE; J.P. COOKE CO, $143.67, CITY ANIMAL LICENSE TAGS #1-60; JOHNSON BROS. SOUTH, $107.25, 3 CASES WINE; KAREN L SCHMINKE, $222.60, MILEAGE REIMBURSEMENT; KOTA, $750.00, BID - DESTINATION HOT SPRINGS; LIGHTING, $530.88, MONTHLY LIGHTING; LYNNS DAKOTAMART, $141.32, PAN; MEIERHENRY SARGENT, $17,000.00, SERVICES AS BOND COUNCIL; MIDCONTINENT, $1,018.00, SEPT W. WATER TESTING; MUDD, $3,281.25, 26.25 YARDS CONCRETE (EVANS; NELSONS OIL & GAS, $16.89, FLEXLINE (SHOP HEATER); NORTHWEST PIPE, $3,355.38, TAPPING SADDLE, 6 CURB; PEPSI, $292.75, 2 CS CUPS, ROOTBEER BIB, CO2; PETE LIEN & SONS, INC, $843.70, TOP DRESSING/BUNK SAND; PLUMBING HEATING &, $155.02, MOP SINK FAUCET; QUALIFIED PRESORT, $523.60, SEPT MONTHLY WATER BILL; QUALITY BRANDS OF, $289.00, 11 CASES, 3 6/4 PK CANS; RAMKOTA HOTEL, $189.98, LODGING - J. HAPPE SDGCSA; RAPID CITY JOURNAL, $250.54, #275 ORDINANCE #1182; SAMS CLUB, $620.35, SPRAYWAY, LYSOL, PINESOL; SANDER SANITATION, $25.00, SEPT PORT-A-POT RENTAL; SERVALL, $289.12, MATS; SHOPKO, $195.72, 2 BLEACH, MR CLEAN, AIR FRESHN; SITE ONE LANDSCAPE, $216.18, 30 SOLINOID SEALS, 2 RISERS; SONNYS, $47.72, 4 CASES WATER, 4 BG HOT DOG; STALKER, $6,037.50, 3 RADARS; STURDEVANTS AUTO, $202.91, TAIL LIGHT, LENS (P3 & P2); USA BLUEBOOK, $416.46, 8’ HEAVY DUTY VALVE BOX; GORDON WEMPEN, $58.48, MEAL REIMBURSEMENT 3 DAY; Total: $51,404.66

Personnel: Moved by Nelson, seconded by Schwarzenbach, to approve the following personnel (a-e); Sarah Skinner, EPMS Front Desk $8.65/hr. effective 9/30/17, Matthew Gold, EPMS Custodian $9.50/hr. effective 10/12/17, SaDell Neuhardt, EPMS Front Desk $8.65/hr. effective 10/18/17, Josie Lively EPMS slide dispatch last day 10/1/17, Tyler Morrow EPMS slide dispatch last day 10/1/17

Committee Reports: Committee reports were heard from; Administrative and Finance: Carolann Schwarzenbach, Airport Advisory Committee: Georgia Holmes, Custer/Fall River Regional Waste Management District: Ron Richards, Downtown Historic Preservation Commission: Carolann Schwarzenbach, Evans Plunge Advisory Committee: Schuyler Wetzel

Parks, Recreation, Beautification and Cultural Development: Martin Meyer, Planning and Zoning Commission: Harlene Cain, Public Safety: Bob Nelson, Public Works: Bob Nelson, Southern Hills Economic Development: Sam Powers, Southern Hills Golf Course Advisory Committee: Schuyler Wetzel, Volunteer Fire Department: Ron Richards

Public Hearing: Mayor Kotti opened the public hearing at 7:10PM for the temporary alcoholic beverage license application for the Boys and Girls Club Wine & Wreaths Event to be held 11/4/17 at the Mueller Civic Center no public comments were heard, Councilwoman Holmes stated it was a good fundraiser. Mayor Kotti closed the public hearing at 7:12PM Moved by Holmes, seconded by Meyer, to approve the application

Ordinance: Moved by Nelson, seconded by Schwarzenbach, to table the first reading of Ordinance 1183-An Ordinance providing for the amendment and revision of Chapter 4-A Animals and Fowl, in order to allow for updates and attorney review

Executive Session: Moved by Schwarzenbach, seconded by Richards, to go into executive session under SDCL 1-25-2 (3)-Legal, contract review at 7:32PM, all Councilmembers, Mayor, City Administrator, Finance Officer and City Attorney were in attendance, at 7:51PM the Council exited executive session and reconvened the meeting

New Business: Moved by Nelson, seconded by Schwarzenbach, to approve 5 year lease agreement with CapFirst Equipment Finance Inc. for a 2018 Pelican NP Street Sweeper

Moved by Schwarzenbach, seconded by Powers, to surplus 2005 Pelican Street Sweeper

Moved by Schwarzenbach, seconded by Cain, to approve plat of Lots 1-27 and Parcel 1 revised, a subdivision of ‘Garden of Memories’ tract, Evergreen Cemetery, containing all of Parcel 1

Moved by Meyer, seconded by Holmes, to approve contract 2017-5 Use Agreement for Southern Hills Community Recreation Initiative (SHCRI) to use the Mueller Civic Center for youth gymnastics from November 2017-March 2018 coinciding with the Hot Springs High School use of the facility for gymnastics

Moved by Holmes, seconded by Meyer, to approve contract 2017-6 EP Fitness Instructor McNair

Moved by Schwarzenbach, seconded by Nelson, to approve 2017-7 Airport Grazing Lease Agreement with Gary and Sharon Romey with the following amendment, add language regarding fence repairs and maintenance to be paid for by lessee

Moved by Holmes, seconded by Schwarzenbach, to approve transfer of $100 from the General Fund to Airport cash on hand, for giving change when selling oil and window wash

Moved by Schwarzenbach, seconded by Meyer, to approve new travel request form to be used by all departments for all travel

Resolution: Moved by Nelson, seconded by Schwarzenbach, to approve Resolution 2017-18: A Resolution relating to lease with option to purchase agreement with CapFirst Equipment Finance, Inc. for a Street Sweeper

RESOLUTION NO. 2017-18

A RESOLUTION RELATING TO LEASE WITH OPTION TO PURCHASE AGREEMENT WITH CAPFIRST EQUIPMENT FINANCE, INC.

BE IT RESOLVED by the Common Council of the City of Hot Springs, South Dakota, as follows:

Section 1. Recitals and Authorization. The Issuer, as lessee, has heretofore entered into a Lease with Option to Purchase Agreement (the Lease), with CapFirst Equipment Finance, Inc., as lessor. It is hereby determined that it is necessary and desirable and in the best interests of the Issuer to enter into the Lease for the purposes therein specified, and the execution and delivery of the Lease by the Issuer are hereby approved, ratified and confirmed.

Section 2. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii) of the Internal Revenue Code of 1986 (the Code), the Issuer hereby specifically designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Issuer hereby represents that the Issuer will not designate more than $10,000,000 of obligations issued by the Issuer in the calendar year during which the Lease is executed and delivered as such “qualified tax-exempt obligations.”

Section 3. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Issuer hereby represents that the Issuer (including all “subordinate entities” of the Issuer within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Lease is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code) in an amount greater than $10,000,000.

CITY OF HOT SPRINGS

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George Kotti, Mayor

ATTEST:

Misty Summers-Walton,

Finance Officer

Finance Officer Report: No financial reports for this meeting but always willing to answer any questions regarding city finances.The finance office has been working on policies to be updated in 2018, the last supplemental appropriation Ordinance for 2017 and the 2018 wage resolutions. Thanked and recognized the Elks Club for donating $183.97 to the City as a reimbursement for the cost of 2-42’ tennis nets on the newly resurfaced tennis/basketball courts. Notified Council of personal absence starting Friday 10/20 through Tuesday 10/24. Reminded Council to please provide feedback regarding the email that was sent by F.O. on October 4th summarizing and sharing an offer to refinance EPMS Sales Tax Revenue Bonds

City Administrator Report: Building and Code enforcement office still open for business. In the last 4 weeks have seen 4 buildings sold 3 are historic 2 were vacant with new businesses opening in all of them on N. River St and S. Chicago St. The extension of the Freedom Trail started today with layout and clearing taking place. The draft sections of the comprehensive plan can be found on the city website. We are looking for more community and Council input before the public hearings begin

Mayor Report:: City Administrator, Kim Barbieri recently completed a new job description for our City Development Coordinator. The title depicts the focus and attitude we would like the individual we hire to enforce our building codes, ordinances and inspect our projects to have. The job opening will be posted and I will appoint a selection committee to review the applicants. The selection committee will consist of two council members, Bob Nelson, chair of the Public Works Committee and Harlene Cain, council representative to the Planning and Zoning Commission. Additional members of the committee will include a member of the community that is familiar with contracting and construction (yet to be determined) along with Kim Barbieri and myself. This important position on our city staff can play a major role in promoting growth and revitalization, so all applicants will be thoroughly vetted by the committee and presented to the City Council for approval.

Boulder Falls road construction is progressing on or ahead of schedule with the initial lift of pavement completed and about 25 percent of the final lift of pavement completed and road shoulder finishing work has begun. We will be conducting a teleconference with the FAA concerning the status of the Pete Lien and Sons airport mining project on Wednesday, October 18, 2017. Hopefully this will spur the ongoing environmental study on to a quick completion so that mining on the property can begin.

The city is continuing to push for a cantilever, overhanging sidewalk along River Street as a part of the 2020 Highway reconstruction project. As Department of Transportation planners meet with city businesses, I would encourage the businesses to verbalize their support for the added safety the cantilever design would provide as well as the possible vitality it would add to our business district

Adjournment: Being no further business to come before the Council, moved by Schwarzenbach, seconded by Meyer, to adjourn at 8:18PM

Approved:

George Kotti, Mayor

Attest:

Misty Summers-Walton,

Finance Officer

Published once at the total approximate cost of $138.48.

Oct. 24

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