PROCEEDINGS OF THE STURGIS CITY COUNCIL – JANUARY 16, 2006

 

The Common Council of the City of Sturgis met in regular session at 7:30pm on Monday, January 16, 2006 at the Sturgis Community Center.  Present:  Mayor Mark Zeigler, Alderpersons Terry Jensen, Arvid Meland, Penny Green, Mark Chaplin, Pokey Jacobson, Steve Anders & Bev Patterson.  Absent:  Sherry Scudder.

 

Mayor Zeigler made the following announcements:  a) Friday, January 20, 2006 is the Chamber Banquet; b) on Wednesday, January 18, 2006 there will be a methamphetamine presentation at the Auditorium at 11:30am and the Community Center at 6:30pm; c) the Finance Office received petitions from the Cleveland/Hill St. area on Friday, January 13, 2006.  City Engineer Bob Kaufman has reviewed the petitions and there are an adequate number of signatures to not move forward with the project.  Mayor Zeigler would like to have a work session in a month or two to decide what to do with streets that the City is trying to pave and have not been successful.

 

Mayor Zeigler advised that the rebuilding of the Woodland Shelter is 95% complete.  It had taken awhile to be able to find the individual that set the structure on fire but the case is complete and the girl has been sentenced.  Award checks were presented to Caraline Andren (25%), Terry McGuigan (50%) and Christie Wells (25%).  Mayor Zeigler presented checks totaling $1,500 from the City and Volunteer Fire Department and Pokey Jacobson presented checks totaling $5,000 on behalf of the insurance company.  Also, First Western Bank and Investment Services of America had previously awarded checks to these individuals totaling $1,000.00.

 

Motion by Chaplin, second by Meland & carried to approve the agenda with the following changes:  a) add 10A – Authorize to Purchase 2 Trucks off of State Bid; b) add 19A – First Reading of Ordinance 2006-02 – Ordinance Amending 16.04 Speed Regulations; c) add 21B – New Hire of Richard Stanger – Mechanic, Class 103, $10.67/hr, effective 02/06/2006; c) add Executive Session – Contracts.

 

 

Motion by Chaplin, second by Jensen & carried to approve the minutes of the January 3, 2006 council meeting.

 

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

            GENERAL FUND – Caraline Andren, $375.00, other; Terry McGuigan, $750.00, other; Christie Wells, $375.00, other; 2XL Corp, $149.96, sup; 54 Printing, $70.00, sup; A&B Business, $9,322.92, sup; Amcon Distributing, $535.52, resale; Avaya, $48.26, util; Beechmont Press, $1,096.96, publishing; Best Business Products, $109.86, maint; BH Chemical, $1,009.73, sup; BHP&L, $63.81, util; Colonel Brist, $250.00, group ins; Brown & Saenger, $193.30, sup; Butler Machinery, $24.66, maint; Caboodle Cartridge, $76.46, sup; Career Track, $258.00, travel; Century Business Products, $72.19, maint; Chamber of Commerce, $252.00, other; Chuck’s Refrigeration, $50.00, maint; City of Belle Fourche, $13.20, prof fees; Coca Cola, $19.30, util; Colorado Chapter ICBO, $325.00, travel; Community Center Petty Cash, $3.39, cc prog exp; Computer Outfitters, $2,700.00, prof fees; Kathy Dykstra, $250.00, group ins; Ecolab Pest, $116.00, maint; Elan, $1,041.30, maint; Engineering Dept Petty Cash, $33.76, sup; Farmers Union Oil, $2,336.36, sup; Finance Office Petty Cash, $85.97, sup; FSH Communications, $110.00, util; G&G Enterprises, $87.50, resale; Rodney Heikes, $396.01, group ins; Heiman Fire Equipment, $1,174.05, sup; Hillyard, $255.05, sup; Ikon Office Solutions, $599.62, maint; Jacobson First Western Ins, $263.00, ins; Johnson, Jones & Ireland Vet, $140.63, prof fees; Johnston Hardware, $26.65, sup; Knight Security, $348.00, maint; Stacy Knight, $40.28, refunds; Lab Corp of America, $107.00, prof fees; Lab Corp of American H, $110.00, prof fees; Mayer Radio, $15.00, maint; Meade Co Auditor, $28,407.59, other; Meade Co Times, $508.53, pub; Mid-States Organized Crime Inf, $150.00, other; Mobile Electronics Service, $115.00, sup; MDU, $7,672.48, util; Morman Law Firm, $100.97, prof fees; NAPA, $128.61, sup; National Fire Codes, $675.00, sup; Network Electronics, $87.20, maint; Network Solutions, $34.99, sup; Officemax Contract, $55.98, sup; Elaine Pi, $42.40, refunds; Prairiewave, $340.79, util; Purchase Power, $516.99, sup; Douglas Quarve, $30.00, other; Roger Frye’s Paint & Supply, $330.00, sup; Rushmore Communications, $335.24, sup; Leith Simonson, $250.00, group ins; Superior Lamp, $305.88, maint; T&M Studio, $829.95, sup; Tactical Technologies, $265.15, other; Thomson West, $50.00, sup; Tom’s T’s, $35.10, sup; VST Chemical Corp, $1,995.00, sup; Walco International, $110.82, sup; Joey Weiland, $60.00, sup; Weimer’s Diner, $10.50, other; West River Electric, $399.07, util; Western Star, $41.28, sup; Justin Weyer, $30.00, other.

            PARK – A&B Welding, $26.83, sup; BHP&L, $246.55, util; Elan, $96.79, sup; Finance Office Petty Cash, $13.95, sup; Jim’s Auto Salvage, $140.00, maint; Lab Corp of America, $23.00, prof fees; Lab Corp of American H, $30.00, prof fees; MDU, $192.42, util.

            BRICK PROJECT FUND – GI, LLC, $1,400.00, publishing.

            AMBULANCE FUND – Alliance Medical, $123.00, sup; Caboodle Cartridge, $76.46, sup; DB Billing, $676.99, prof fees; Enning Propane, $315.00, util; Farmers Union Oil, $346.01, sup; ID Ville, $3,517.84, sup; Linweld, $137.53, sup; Prairiewave, $35.19, util.

            MAYOR’S RIDE – Elan, $109.40, sup; T&M Studio, $392.22, sup.

            CAPITAL IMPROVEMENT – Meade Co Auditor, $2,837.93, principal; Superior Water, $7,122.29, cap imp.

            CERT POLICE GRANT – Elan, $1,729.80, sup.

            SALES TAX REFUNDING BOND, 2002 – First National Bank in Sioux Falls, $416,821.25, principal.

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

            CAPITAL PROJECTS – American Technical Services, $932.00, cap imp; Danforth, Meierhenry, $7,500.00, cap imp;

            LIQUOR – Coca Cola, $28.00, resale; Eagle Sales, $8,194.50, off sale beer; Elan, $400.00, travel; Fisher Beverage, $8,832.35, off sale beer; Frito-Lay, $30.97, resale; Johnson Western Wholesale, $34,770.68, off sale liquor; Meade Co Times, $118.02, publishing; Milt’s Cleaning, $160.00, maint; Nash Finch, $50.00, other; S. Ellwein, $35.20, resale; Sodak Distributing, $10,831.07, off sale liquor.

            WATER SYSTEM OPERATIONS – Finance Office Petty Cash, $12.00, sup; MDU, $206.69, util.

            WASTEWATER FACILITIES – BHP&L, $1,805.88, util; City of Belle Fourche, $25.16, other; Elan, $-.60, sup; Robert Moser, $12.99, sup.

            SANITARY SERVICE – City of Belle Fourche, $13,397.48, other; Elan, $7.95, sup; Lab Corp of America, $23.00, prof fees; Lab Corp of American H, $10.00, prof fees; Meade Co Times, $119.68, publishing; Rose’s Sanitation, $18.00, prof fees.

            RALLY – Coca Cola, $12.00, sup; Elan, $2,604.90, sup; Finance Office Petty Cash, $24.00, sup; Jacobson First Western Ins., $263.00, prof fees; Outsource Solutions, $6,000.00, prof fees; Pitney Bowes, $114.96, sup; Purchase Power, $21.73, sup; T&M Studio, $784.43, sup; Lisa Weyer, $77.60, group ins.

 

Mayor Zeigler requested a moment of silence for the men & women in the armed services.

 

Motion by Green, second by Patterson & carried to approve the banner request from the Chamber of Commerce.  This is for the Key City Pen of 3 Event and the Home & Ag Show.

 

Motion by Chaplin, second by Meland & carried to approve the 50/50 drawings for 2006 for the Chamber of Commerce.

 

Motion by Meland and second by Jensen to approve the raffle request of the Sturgis Area Chamber of Commerce Charitable Foundation.  This is a state-wide raffle.

 

Bob Davis questioned what was being raffled, the value of the item, if they notified the state this year and last year, if they submitted a written report to the City as to how many tickets were sold last year and how much money was raised and if anyone was being paid to manage or promote the raffle.

 

Jennifer Gabriel, Chamber Director, advised that they did notify the Secretary of State last year and this year and followed that by submitting a copy to the City both years, which is required by law.  The raffle is for a 2006 Von Dutch custom motorcycle valued at $29,900 on Friday, August 11, 2006; no one is getting paid out of this raffle, although they are paying for promotion & advertising expenses.  The Chamber Foundation awarded $11,000 to the Sturgis Rally Charities Foundation from the 2005 raffle.  That Foundation, in turn, reviewed applications & distributed the money to various groups.

 

Davis advised that the current ordinance limits the value of the item being raffled to $18,000 and states that if the organization doesn’t file a written report within 30 days of the raffle, they are not eligible to conduct another raffle in the city for not less than one year.

 

City Attorney Keith Smit advised that this raffle request is statewide so the Chamber Foundation only needs to give the City notice that the prize from the raffle will be given away in Sturgis.  If the Foundation were doing a City raffle only, then they must follow the ordinance.

 

Chaplin called the question.  The vote was taken, with all those present voting in favor of with the exception of Patterson, who abstained, & Green, who voted no.  Motion carried.

 

Smit advised that he would review the laws for everyone’s benefit.

 

Motion by Chaplin, second by Jacobson & carried to approve the raffle request of Relay for Life.  They will be raffling a quilt August 18, 2006 at the event.

Motion by Meland, second by Anders & carried unanimously to approve second reading of Ordinance 2006-01 – Supplemental Appropriations.  The ordinance reads as follows:

Ordinance No. 2006-01

 

AN ORDINANCE AMENDING ORDINANCE NO. 2005-15 ANNUAL APPROPRIATIONS FOR THE YEAR 2006 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 2005-15 be amended so that the following amounts are hereby appropriated to meet the obligation of the municipality for the year 2006.

 

            General Fund              101

                4211-4250   Police Repairs & Maint                                   $  10,000.00

 

Capital Improvements  212

    4370-4370   Cemetery Capital Impr                         $  10,000.00

    4511-4370   Community Center Cap Impr                    10,000.00

4520-4370   Parks Capital Impr                                115,000.00

4560-4370   Auditorium Capital Impr                          20,000.00

$155,000.00

                       

            Total – All Funds                                                         $165,000.00

                       

First reading:  January 3, 2006

Second reading:  January 16, 2006

Adopted:  January 16, 2006

Published:   January 28, 2006

Effective:  February 17, 2006

 

Motion by Chaplin, second by Jensen & carried unanimously to authorize advertising for bids for the auditorium floor replacement.

 

Motion by Chaplin, second by Jacobson & carried unanimously to authorize advertising for a 3-year lease of the Serenity Lot during the rally.

 

Motion by Chaplin, second by Green & carried unanimously to authorize the street department to purchase two pickup trucks off of the state bid.

 

Chaplin introduced the following written resolution and moved its adoption:

RESOLUTION 2006-05

A RESOLUTION REGARDING ATTORNEY'S FEES

 

            WHEREAS Keith R. Smit, of the Morman Law Firm, has been duly appointed as the City Attorney for the City of Sturgis, South Dakota, and that John T. Hughes and Candi Thomson of the Morman Law Firm been duly appointed as Deputy City Attorneys, that prior hereto Resolution 2001-24 has been entered setting forth that compensation for legal services.

 

            WHEREAS  the agreement was entered in 2001 and there is a need to increase the hourly rate for the attorney’s fees; and

 

            WHEREAS Keith R. Smit, City Attorney, John T. Hughes and Candi Thomson, Deputy City Attorneys, have requested compensation at the rate of $120 per hour, and they shall provide an itemized accounting of all time spent, time to be charged rounded to the 1/10th of an hour.

 

NOW THEREFORE BE IT RESOLVED that Keith R. Smit, City Attorney, John T. Hughes, Deputy City Attorney, and Candi Thomson, Deputy City Attorney, and any other attorneys that may be deputized hereinafter, shall be compensated at the rate of $120 per hour.  That Keith R. Smit and the Morman Law Firm shall provide itemized accounting of all time spent, time to be charged rounded to the 1/10th of hour along with any out-of-pocket costs and expenses, with said bills being provided to the City monthly.

 

            Dated this 16th day of January, 2006.

 

Published:  January 28, 2006

Effective:  February 17, 2006

 

Anders duly seconded the motion for the adoption of the foregoing resolution.  All those present voted in favor of and the resolution was declared passed & adopted.

Motion by Green, second by Meland & carried unanimously to authorize the Mayor to sign a 3-year maintenance agreement for the new copier in the finance office.

 

Motion by Anders, second by Chaplin & carried to approve the mayoral appointment of John Yuill to the Future Development Committee.

 

Motion by Chaplin, second by Anders & carried unanimously to authorize the city sponsoring up to 2 tables at the Chamber’s Ag Banquet.

 

Motion by Chaplin, second by Jensen & carried unanimously to approve and authorize the Mayor to sign change order #3 for the Exit 32 project.  This is a $200 decrease.

 

Motion by Chaplin, second by Anders & carried unanimously to authorize the police department to purchase an animal control van off of state bid.

 

Motion by Chaplin, second by Meland & carried unanimously to authorize the police department to remodel the training room at the LEC for offices.

 

Motion by Meland, second by Chaplin & carried unanimously to authorize the Mayor to sign the grant application with SD Department of Agriculture Division of Forestry.

 

Motion by Chaplin, seconded by Jensen & carried unanimously to authorize the Mayor to sign the grant application with Black Hills RC&D.

 

Motion by Patterson, second by Jacobson & carried to approve first reading of Ordinance 2006-02 - Ordinance Amending 16.04 Speed Regulations.

 

Motion by Meland, second by Chaplin & carried, with Patterson voting no, to approve the following travel matters:  a) Lisa Weyer & Ronda Gusinsky – Daytona Bike Week in Daytona Beach FL, March 5-12, 2006; b) Pauline Sumption – National GFOA Conference in Montreal Canada, May 6-10, 2006.

 

Motion by Anders, second by Chaplin & carried unanimously to approve the following new hires:  a) Jack Cowman – Asst. Liquor Store Manager, $26,000/yr, effective 1/18/2006; b) Richard Stanger – Mechanic, Class 103, $10.67/hr, effective 02/06/2006.

 

OTHER MATTERS THAT MAY COME BEFORE COUNCIL

 

There were no other matters.

 

Motion by Green, second by Anders & carried to adjourn to executive session for the purpose of discussing contract matters.

 

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

 

Motion by Anders, second by Jensen & carried to adjourn the meeting at 8:17pm.

 

ATTEST: ______________________________ APPROVED: ___________________________

            Pauline Sumption, Finance Officer                                  Mark T. Zeigler, Mayor