PROCEEDINGS OF THE STURGIS CITY COUNCIL – JANUARY 15, 2007

 

The Common Council of the City of Sturgis met in regular session on Monday, January 15, 2007 at 7:30pm at the Sturgis Community Center.  Present:  Mayor Terry Jensen, Alderpersons Tom Ferguson, Penny Green, Sherry Scudder, Pokey Jacobson, Mark Chaplin, Steve Anders & Bev Patterson.  Absent:  Roger Call.

 

Mayor Jensen announced that the Chamber Banquet will be held on Friday, January 19, 2007 starting at 6pm.  Jensen then requested a moment of silence in honor of our service men and women.

 

Motion by Jacobson and seconded by Scudder to approve the agenda as presented.  Motion by Green, second by Scudder & failed, with Ferguson, Jacobson, Chaplin, Anders & Patterson voting no, to move 5 – Citizens to Advance Sturgis to the end of the agenda under other matters.  The vote was taken on the original motion, which carried with Green voting no.

 

Motion by Chaplin, second by Anders & carried to approve the minutes of the January 2, 2007 council meeting.

 

Motion by Jacobson, second by Chaplin & carried unanimously to approve the following claims:

            GENERAL FUND – 2XL Corp, $224.94, sup; 54 Printing, $70.00, sup; A&B Business, $508.21, maint; American Red Cross, $355.00, cc prog exp; Armstrong Extinguisher, $85.00, maint; Associated Supply, $5,683.29, maint; Baker & Taylor, $101.66, sup; Paula Basker, $49.50, group ins; Best Business Products, $18.88, maint; BH Chemical, $1,523.40, sup; BH Garage Doors, $112.50, maint; BHP&L, $799.77, util; Jerry Burnham, $2,212.50, prof fees; Butte Electric, $248.81, util; Carousel Industries, $532.00, sup; CASA Program, $1,500.00, other; City of Belle Fourche, $12.00, prof fees; Coca Cola, $33.00, sup; Colorado Chapter ICBO, $325.00, travel; Computer Outfitters, $3,105.00, maint; Crisis Intervention Shelter, $1,500.00, other; Culver Company, Inc., $25.45, travel; Dakota Backup, $12.50, prof fees; DPMS Panther Arms, $1,513.45, maint; Ecolab, $33.50, other; Elan-City, $976.37, maint; Engineering Dept Petty Cash, $46.72, sup; Family Health Clinic, $72.00, sup; Farmers Union Oil, $2,461.75, sup; First Western Insurance, $263.00, ins; Flowers by Rose, $65.00, other; FSH Communications, $110.00, util; Hawkins Water Treatment Group, $86.50, maint; Intoximeters, $212.50, maint; JD Evans, $1,602.93, maint; Johnston Hardware, $5.03, sup; Kimball Midwest, $251.55, sup; Knight Security, $720.00, prof fees; Lawson Products, $162.42, sup; Locks by Bernie, $10.00, sup; James N. Lyon II, $30.00, other; Meade Co Auditor, $29,841.78, other; Meade Co Times, $564.06, publishing; Mid-States Organized Crime Inf, $150.00, other; Midwest Distributors, $297.56, sup; Mountain Plains Health Consortium, $629.88, prof fees; Murdo Ford, $21,287.00, equipment; NAPA, $857.98, maint; Neighborhood Housing Service, $1,000.00, other; Nancy Nelson, $250.00, group ins; Neve’s Uniforms, $19.95, other; Northern Hills Drug & Alcohol, $5,000.00, other; Northern Hills RSVP, $1,500.00, other; Curt Nulle, $43.00, travel; Occupational Health Network, $44.59, prof fees; Owens Interstate Sales, $132.95, maint; Pamida, $7.96, sup; Pizza Hut, $70.00, other; Powerplan, $1,129.09, maint; Prairiewave, $353.54, util; Public Safety Equipment, $7,958.89, sup; Rapid Delivery, $51.60, maint; SD Library Network, $3,502.25, maint; Servall Towel, $84.92, sup; Sturgis Area Transportation, $5,000.00, other; Sturgis Community Center, $30.25, other; Sturgis Sawmill, $30.48, maint; Sturgis Senior Center, $2,500.00, other; Teen Court, $1,500.00, other; The Homeslice Group, $2,100.00, publishing; VST Chemical Corp, $1,995.60, sup; Joey Weiland, $60.00, sup; West River Electric Assoc, $381.59, util.

            PARK – A&B Welding, $30.83, sup; BHP&L, $190.10, util; Campbell Supply, $47.75, sup; Elan-City, $129.54, sup; Meade Co Times, $48.79, publishing; Occupational Health Network, $238.33, prof fees; The Sharpening Shop, $23.90, sup.

            BRICK PROJECT FUND – Elan-City, $61.45, sup; Glover Investments, $1,400.00, publishing; Sturgis Center for the Arts, $2,500.00, city promotion.

            LIBRARY BUILDING FUND – BH Technologies, $1,463.54, lib furnishing; Gaylord Brothers, $620.05, lib fur; Pamida, $42.98, lib furn; Upbeat, Inc., $513.00, lib furn.

            AMBULANCE SERVICE – BH Garage Doors, $112.50, maint; Dakota Backup, $12.49, prof fees; DB Billing, $664.31, prof fees; Emsar Twin Cities, $188.38, maint; Enning Propane, $350.00, util; Farmers Union Oil, $511.34, sup; Farmers Union-Union Center, $18.78, sup; Mountain Plains Health Consortium, $254.12, prof fees; Prairiewave, $45.38, util; Regional Home Medical Equipment, $210.00, sup.

            MAYOR’S RIDE – AMA Insurance Dept, $39.00, sup; Purchase Power, $318.99, sup.

            SPECIAL SALES TAX – Air Service Task Force, $5,000.00, city promotion; BH Community Economic Development, $2,000.00, NH Community Develop; Chamber of Commerce, $7,500.00, chamber; SIEC, $7,500.00, ind dev; Sturgis Area Arts Council, $2,500.00, city promotion.

            CAPITAL IMPROVEMENT – Brosz Engineering, $8,092.50, cap imp; Heavy Constructors, $183,778.51, cap imp; Hills Materials, $53,989.07, cap imp; Iverson Construction, $282.99, cap imp; Meade Co Auditor, $2,837.93, principal; Meade County Title Co, $90.00, cap imp; Precision Surveying, $350.00, cap imp.

            SPECIAL SANITATION – Rapid Delivery, $7.80, sup.

            CITIZEN CORPS POLICE GRANT – Elan-City, $1,883.25, other; Neve’s Uniforms, $1,068.00, sup.

            2005 SERIES REVENUE BOND – Rural Development, $9,773.00, interest.

            COMMUNITY PROJECTS – LPS Engineering, $960.00, cap imp.

            LIQUOR – 54 Printing, $150.00, sup; Coca Cola, $66.80, pop for resale; Eagle Sales of the BH, $10,497.98, off sale beer; Fisher Beverage, $5,171.70, off sale beer; Frito-Lay, $20.14, snacks for resale; Heartland Paper Co, $204.41, sup; Johnson Western Wholesale, $13,285.02, off sale liquor; M&B Enterprises, $82.20, snacks for resale; Nash Finch, $11,108.06, cigarettes for resale; One Way Service Pros, $133.75, maint; Prairieberry, $1,821.00, off sale liquor; Republic Beverage Co, $7,377.36, off sale liquor; Rushmore News, $50.40, snacks for resale; S. Ellwein, $30.00, merch for resale.

            WATER SYSTEM OPERATIONS – Butte Electric, $75.02, util; SD Water & Wastewater Assoc, $90.00, travel.

            WASTEWATER FACILITIES – BHP&L, $1,703.70, util; Bierschbach Equipment, $86.50, sup; City of Belle Fourche, $25.16, other; NAPA, $68.04, sup; Pamida, $19.99, sup; Rushmore Office Supplies, $118.41, sup; SD DENR, $5,500.00, other.

            SANITARY SERVICE – BH Technologies, $75.00, maint; City of Belle Fourche, $12,936.68, other; Elk Creek Conservation Dist., $1,554.00, sup; KT Connections, $585.00, sup; Meade Co Times, $63.00, publishing; New Deal Tire, $1,399.10, other; Occupational Health Network, $44.59, prof fees; Stern Oil Co, $1,409.90, sup.

            RALLY – A&B Business, $65.07, maint; BH Badlands, $303.00, travel; Coca Cola, $12.00, travel; Elan-City, $1,099.02, sup; Jacobson First Western Ins., $263.00, other; Loud American Roadhouse, $50.65, sup; Outsource Solutions, $6,526.71, prof fees; Sand Creek Printing, $458.88, sup.

            TIF #2-BESTGEN – First Western Bank, $6,096.93, other.

            TIF #4-ALLISON – Meade Co Auditor, $43,155.71, other.

            TIF #5-JENTER – Meade Co Auditor, $103,470.76, other.

            TIF #6 – Dacotah Bank, $13,772.27, other.

            TIF #7-LEGNER – Wells Fargo-Sturgis, $12,876.33, other.

            TIF #8-ALLISON II – First Western Bank, $20,330.44, other.

 

This was the time set for the continued public hearing for a zoning variance for Elizabeth Fischer, 2112 Sherman, to construct a detached garage with less than the required side-yard setbacks.  The Planning Commission approved this request.

 

Jacobson questioned if the deck & fence were also constructed without a permit.

 

City Engineer Bob Kaufman advised that those were constructed without the required permits.

 

Jacobson questioned if Fischer had come in since and gotten them permitted.

 

Kaufman advised that she had not.

 

Green questioned if it would be fair to allow Fischer to continue on without some kind of ramification due to the fact that she has not complied with the required permitting on her last three projects.  Green noted that the council could request up to 30 days to determine what kind of action they wish to be taken.

 

Fischer advised that she had talked to the water dept who told her to go ahead and put the fence up.

 

City Attorney Keith Smit questioned what the situation is concerning the garage.

 

Fischer advised that she thought the carpenter had gotten the permit but found out later that he hadn’t.

 

Jensen advised that the council would like the 30 days to review this request to determine how to handle this matter.

 

Fischer noted that she feels something is needed for new people coming to town so they know what is needed when doing projects like this.

 

Jensen advised that it was not the inspections department’s fault that nobody picked up the permit.

 

Jacobson noted that the question is going to be what the City is to do in similar instances when the construction has already taken place and when a variance is only to be granted under hardship.

 

Green advised that Fischer was told at the Planning Commission meeting that she would need a building permit and zoning variance.

 

Kaufman noted that, as part of the permit process, the person is supposed to bring in a site plan to determine if a variance is needed.  Without the permit process being followed, the Engineering/Inspection Department did not have a chance to make that determination.

 

Al Colton noted that it seems as if the City would be punishing this one person.  If there were a fire issue, he could understand.

 

Motion by Green, second by Ferguson & carried, with Anders & Chaplin voting no, to request the 30 days allowed to determine what action to take on this request.

 

Motion by Chaplin, second by Patterson & carried to set a public hearing date of February 5, 2007 for a use on review for Samantha Carroll, 710 Park St. #6, to operate a home daycare business at this location.

 

Bill Phillips and John Yuill appeared before the council on behalf of the Citizens to Advance Sturgis (CAS).  They requested that the council invite Roland Vanderwerff, the President of the SD City Manager Association, and Martha Perego, the Director of Ethics & Advocacy with the International City Manager Association to a public meeting.

 

Motion by Patterson, second by Green & carried unanimously to direct Mayor Jensen to invite these two people to a public meeting.

 

Van Hyde appeared before the council with an expansion proposal for the Sturgis Community Hospital.  Mayor Jensen requested that Hyde work with the Park Board and bring a recommendation back to the council.

 

Motion by Green, second by Chaplin & carried to approve the request of The Knuckle Saloon for bull riding events to be held on June 9, July 21 & September 1, 2007.

 

Motion by Anders, second by Patterson & carried to approve the request of The Knuckle Saloon for street closures and 4-way stop signs for June 16 & September 29, 2007 for the Car Show & Shine.  The street closure would be on 1st Street from Lazelle to Main and the 4-way stop signs would be at the corner of 1st & Lazelle.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the second reading of Ordinance 2007-01 – Supplemental Appropriations.  The ordinance reads as follows:

Ordinance No. 2007-01

 

AN ORDINANCE AMENDING ORDINANCE NO. 2006-20 ANNUAL APPROPRIATIONS FOR THE YEAR 2007 OF THE CITY OF STURGIS, MEADE COUNTY, SOUTH DAKOTA

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that ordinance 2006-20 be amended so that the following amounts are hereby appropriated to meet the obligation of the municipality for the year 2007.

 

            General Fund              101

                4211-4250   Police Repairs & Maint                                   $  8,000.00

Capital Improvements  212

    4520-4370   Parks Capital Improvements                $14,000.00

Bike Path                     214

    0000-4370   Capital Improvements                          $20,000.00

Community Projects     508

    4520-4370   Parks Capital Improvements                $24,500.00

 

                       

            Total – All Funds                                                         $66,500.00

                       

First reading:  January 2, 2007

Second reading:  January 15, 2007

Adopted:  January 15, 2007

Published:   January 27, 2007

Effective:  February 17, 2007

 

Motion by Patterson, second by Chaplin & carried to approve a special events license for the Turkey Federation Banquet on March 2, 2007 at the City Auditorium and to be served by Loud American Roadhouse.

 

Motion by Chaplin, second by Patterson & carried to approve the bingo & pull tab request of St. Aloysius Cemetery on February 11, 2007.

 

Motion by Chaplin, second by Green & carried unanimously to set a public hearing date of February 20, 2007 for a proposed resolution of necessity of a street paving project for West Woodland Dr.

 

Motion by Chaplin, second by Patterson & carried unanimously to approve change order #4 on the Exit 32 project (this is DOT’s portion) in the amount of a $462.76 decrease.

 

Motion by Anders, second by Chaplin & carried unanimously to approve change order #5 on the Exit 32 project (this is DOT’s portion) in the amount of a $34,105.00 decrease.

 

Motion by Chaplin, second by Patterson & carried unanimously to approve change order #5 on the Vanocker Water & Sewer Extension in the amount of a $2,024.93 increase.

 

Motion by Green, second by Anders & carried unanimously to approve change order #6 on the Vanocker Water & Sewer Extension in the amount of an $119,240.00 increase.

 

Motion by Chaplin, second by Jacobson & carried unanimously to approve & authorize the Mayor to sign the engagement letter with Ketel Thorstenson, LLP for the 2006 audit.

 

Motion by Anders, second by Chaplin & carried unanimously to approve & authorize the Mayor to sign the combined election agreement with Meade School District 46-1.

 

Motion by Chaplin, second by Scudder & carried to authorize the Mayor to sign the necessary paperwork with Wellmark regarding the flexible benefits plan.

 

Motion by Patterson, second by Anders & carried unanimously to authorize the Mayor to execute the city employee union contract.

 

Motion by Chaplin, second by Patterson & carried unanimously to authorize the parks department to advertise for a ¾ time secretary.

 

Motion by Chaplin, second by Jacobson & carried unanimously to approve the following travel matters:  a) Terry Jensen, Sherry Scudder, Pauline Sumption, Bob Kaufman & Randy Nohava – Municipal Day at the Legislature, Feb 6-7, 2007; b) Bob Kaufman & Randy Nohava – APWA meeting in Pierre, February 7-8, 2007.

 

Motion by Anders, second by Chaplin & carried unanimously to approve the following salary matters:  Volunteers – a) Julianne Zoller – Library; b) Adam Rice – Parks; New Hires – a) Desirae Ehlers – CC Aquatics, $7.00/hr, effective 12/18/06; b) Mark Castleman – PT Liquor Clerk, $8.00/hr, effective 1/16/07; c) Jan Steinle – PT Library, $8.00/hr, effective 1/15/07; d) Charlene Nonhof – PT Library, $8.00/hr, effective 1/22/07.

 

There were no other matters to come before the council.

 

Motion by Chaplin, second by Anders & carried to adjourn to executive session following a 5-minute recess for the purpose of discussing contract, legal & personnel matters.

 

Motion by Anders, second by Chaplin & carried to return to regular session.

 

Patterson questioned the December 31, 2006 Finance Report, specifically the deficit in the Rally Fund of approximately $185,000 and how this was going to be corrected.

 

Finance Officer Pauline Sumption advised that, in the past, any transfers will be discontinued until in the black.  Sumption also noted that rental incomes should be coming in starting in March.

 

Jacobson advised that she has instructed both Rally Director Lisa Weyer & Sponsorship Agent Ronda Gusinsky to look at their budgets for further cuts.

 

Patterson noted that she felt the travel needed to be cut if desks were a priority for the rally department or vice versa.

 

Rally Director Weyer advised that she would not be producing new “Future Dates” cards as they had enough to carry-over to 2007.  She is also looking at other items.

 

Jacobson advised that the department heads needed to inform their committees where they stand on their budgets and if they stray from what has been approved.

 

Motion by Anders, second by Chaplin & carried to continue this meeting until 5:00pm on January 22, 2007 at City Hall.

 

ATTEST: ______________________________ APPROVED: ___________________________

            Pauline Sumption, Finance Officer                              Terry Jensen, Mayor