PROCEEDINGS OF THE STURGIS CITY COUNCIL

 

The Common Council of the City of Sturgis met in regular session at 7:30 p.m. on Monday February 4, 2008 at the Sturgis Community Center. Present: Mayor Maury LaRue, Alderpersons Steve Anders, Roger Call, Tom Ferguson, David Hersrud, Jamie McVay, Bernadette Usera and City Manager Dave Boone.  Absent: Mark Chaplin and Sherry Scudder.

 

Mayor LaRue led everyone present in the Pledge of Allegiance.

 

Mayor LaRue made the following announcements:

Ø      Recognition day at the Library was a success

Ø      Mayor LaRue participated at the Black Hills Cemetery for the Old Glory Tour

Ø      FEMA flood plan review will be on February 11, 2008 at 7:00 PM at the Community Center  

 

Motion by Hersrud, seconded by Usera and carried with all members voting yes to approve the agenda.

 

Motion by Hersrud, seconded by Scudder and carried with all members voting yes to approve the minutes from January 21, 2008 regular meeting.

 

Motion by Hersrud, seconded by Call, and carried with all members voting yes to approve the following claims, wages and transfers with the addition of Claim 122:

Wages – Mayor and Council $6,609.16 Finance Office $16,840.06, City Manager $7333.33, Buildings $2,646.15; Engineering $8,287.52; Police $67,829.72; Fire Department $4,978.57; Streets $19,425.45; Street Cleaning $3159.17; Cemetery $3,117.64; Community Center $27,325.43; Library $21,355.71; Auditorium $164.84; Parks $20,863.36; Ambulance $19,932.84; Liquor $8,289.62; Water $22,885.35; Wastewater $17,995.81; Sanitary Service $21,930.05; Rally $9446.38; Federal Withholding $26,672.81; FICA $45,630.60

            Transfers Out – General Fund $42,930.42; UDAG $2,500.00; Liquor $15,258.33; Wastewater $5765.17; Sanitation $4841.67; Water $675.00

            Transfers In – Parks $42,930.42; General Fund $22,373.50; Capital Improvements $4,166.67; Revolving Loan Fund $2,500.00

 

GENERAL – A&B Business, $126.63, sup; Associated Supply Co, $99.08, maint; Avaya, $48.26, util; Baker & Taylor, $746.18, sup; Paula Basker, $127.51, group ins; Ann Bertolotto, $10.00, travel; Best Western Ramkota Inn, $881.91, travel; BH Chemical, $1,008.35, sup; BHP&L, $1,554.00, util; BH Technologies, $112.50, maint; David Boone, $115.82, travel; Fay Bueno, $10.00, travel; Jerry Burnham, $2,279.17, prof fees; CCI Solutions, $498.56, sup; Central States Fire Apparatus, $29.17, maint; City of Sturgis Water Dept, $881.50, util; Colorado Chapter ICBO, $325.00, travel; Curt Corey, $30.00, cc prog exp; Dakota Supply Group, $106.26, maint; Demco, $591.65, sup; Joyce Ehlers, $10.00, travel; Elan-Fire, $602.45, travel; Energy Labs, $35.00, maint; Farmer Brothers Co, $84.64, merch for resale; Farmers Union Oil, $136.46, sup; Finance Office Petty Cash, $114.30, other; Foothills Seed, $676.20, sup; Freeman Electric, $820.00, maint; Gateway Companies, $229.00, sup; Gaylord Brothers, $269.62, sup; Golden West Technologies, $157.39, maint; Graphics Plus, $15.50, sup; Great Western Tire, $224.36, maint; Maija Gruldin, $12.00, refunds; Kade Huntington, $50.00, sup; Inland Truck Parts, $181.27, maint; Jacobsen Ford, $161.50, maint; Maury LaRue, $16.00, travel; Lawson Products, $177.64, sup; Library Video, $128.29, sup; Long Rider Books, $153.40, sup; Lynn’s Dakotamart, $11.36, cc prog exp; Martel Electronics, $46.00, maint; Zac Massa, $30.00, cc prog exp; Meade County Auditor, $916.27, util; Mick’s Scuba Center, $42.00, sup; MDU, $5,711.76, util; Morman Law Firm, $4,533.12, prof fees; Candy Morrell, $3,068.80, maint; Mystery Guild, $60.91, sup; Neve’s Uniforms, $145.13, sup; North Central Supply, $180.00, sup; Pitney Bows, $103.50, sup; Prairiewave, $152.54, util; Quill Corp, $154.18, sup; Regent Book Co, $79.20, sup; Rosco’s, $2.50, building permits; Kyle Royer, $20.00, cc prog exp; Sam’s Club, $388.35, merch for resale; Sand Creek Printing, $148.50, other; Richard Schmid, $100.00, contractors license; Sherry Scudder, $16.00, travel; SD Dept of Health, $10.00, prof fees; SDPRA, $20.00, other; Sturgis Upholstery, $45.00, maint; Theatrical Services, $50.47, sup; Bernadette Usera, $16.00, travel; West River Electric Assoc, $441.04, util; Zep Manufacturing, $48.57, sup.

            PARK – BHP&L, $421.74, util; City of Sturgis Water Dept, $103.00, util; MDU, $457.83, util; Morman Law Firm, $120.00, prof fees.

            BRICK PROJECT FUND – Glover Investments, $1,400.00, publishing.

            LIBRARY BUILDING FUND – BH Technologies, $7,675.50, library furn.

            AMBULANCE SERVICE – Alltel, $15.18, util; BHP&L, $567.32, util; City of Sturgis Water Dept, $43.50, util; DB Billing Co, $1,755.56, prof fees; Great Western Tire, $1,142.61, sup; Interstate All Batteries Center, $1,123.70, sup; MDU, $550.02, util; Mountain Plains Health Consort, $20.00, travel; Pitney Bowes, $103.49, sup; Prairiewave, $45.44, util; West River Electric Assoc, $21.10, util; Zep Manufacturing, $48.56, sup.

            SPECIAL SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $8,333.33, industrial dev.

            LIQUOR – Carroll’s Appliance, $404.94, maint; City of Sturgis Water Dept, $295.00, util; Eagle Sales, $18,385.63, pop for resale; Fisher Beverage, $11,277.78, off sale beer; Frito-Lay, $19.89, snacks for resale; Heartland Paper, $244.42, sup; Johnson Western Wholesale, $26,835.14, off sale liquor; Nash Finch, $30.00, other; Prairie Berry, $1,569.25, off sale liquor; Republic Beverage Co, $16,600.86, off sale liquor; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – BHP&L, $7,309.91, util; City of Sturgis Water Dept, $51.00, util; Brad Deutsch, $96.00, group ins; MDU, $118.04, util; Candy Morrell, $380.25, maint; Verizon, $59.70, util.

            WASTEWATER FACILITIES – City of Sturgis Water Dept, $10.82, util; Light & Siren, $414.80, maint; Candy Morrell, $250.00, maint; Robert Moser, $260.00, travel; Lance Stansbury, $10.00, travel.

            SANITARY SERVICE – BH Door Systems, $824.80, sup; Farmers Union Oil, $640.20, sup; Morman Law Firm, $168.00, prof fees; Candy Morrell, $250.00, maint; Qwest Communications, $53.57, util; Sand Creek Printing, $406.00, sup; Street Dept Petty Cash, $1.98, maint.

            RALLY – Best Western Ramkota Inn, $293.97, travel; Priscilla Massey, $93.33, travel; Morman Law Firm, $1,200.00, prof fees; Candy Morrell, $250.95, maint; Outsource Solutions, $329.07, travel; Paisano Publication Inc., $1,068.00, publishing; Pizza Ranch, $25.98, sup; SD Tourism, $75.00, travel; TAM Communications, $1,650.00, publishing; Brenda Vasknetz, $16.00, travel.

 

This was the designated time for committee reports:

v      Public Safety—Meeting on February 12, 2008

v      Public Works—nothing to report          

v      Community Center—everything going well. Lowe Roofing will start on the roof February 11, 2008

v      Liquor—nothing to report

v      Legal and Finance—nothing to report

v      Rally—Nothing to report

v      Park Board—nothing to report

v      Planning Commission—nothing to report

v      Library Board—Updating Library policies

v      Airport Board—will meet tomorrow night

City Manager Report:

Will be in Pierre on February 5th and 6th

 

This was the time set upon application for a public hearing for a use-on-review for Richard McIntyre for a gunsmith and repair shop at 1139 Paisley Terrace.  No objections from his neighbors have been received.  Council member Hersrud asked if this use-on-review could be revisited if issues come up with this business.  Mayor LaRue confirmed that this can be revisited if the use changes.  Motion by McVay, seconded by Ferguson and carried with all members voting yes to approve the use-on-review for Richard McIntyre.

 

Hersrud introduced the following written resolution and moved its adoption

RESOLUTION 2008-5

RESOLUTION APPROVING PLAT

 

            WHEREAS, the statutes of the State of South Dakota require that plats of land be submitted to the governing body for approval before the same are recorded in the Office of the Register of Deeds; and

            WHEREAS, Carl R. Johnson, managing partner of Vanocker Canyon Meadows LLP, presented to the Common Council of the City of Sturgis a plat of the following described real property:

           

            Lot A & B, of Vanocker Canyon Meadows Subdivision, formerly Lot 8A of Vanocker Subdivision, located in the W1/2SW1/4 Section 15, T.5N., R.5E., B.H.M., City of Sturgis, Meade County, South Dakota

 

WHEREAS, said plat meets the requirements of the statutes in all things, now

therefore,

            BE IT RESOLVED by the Common Council of the City of Sturgis, South Dakota, that the within and foregoing plat is hereby approved.

 

            Dated this 4th day of  February 2008.

 

McVay 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 Hersrud, seconded by McVay, and carried with all members voting yes to set a public hearing date of March 3, 2008 for a zoning amendment to rezone property at 2103 Junction Avenue for Dean McNenny.

 

Motion by McVay, seconded by Hersrud, and carried with all members voting yes to set a public hearing date of March 3, 2008 for a zoning amendment to rezone property located at Glover’s 1st addition, Lot 3, Block C for Steve Derouchey. 

 

At this time Mayor LaRue had Esther Hale read a letter that she had sent to the Sturgis Planning Commission regarding the rezoning of the Derouchey property.  Mrs. Hale owns property next to the property that is up for consideration for rezone.  Mrs. Hale stated several reasons why she is not in favor of this action.

 

City Manager Dave Boone discussed with the Council the definition of “subdivision” and if having 10 acres when subdividing a parcel is too restrictive.  Boone suggested lowering the acreage exemption to 5 acres which would be more reasonable.  The council would like to have the Ordinance Committee draw up a draft with the change and have it go back to the Planning and Zoning commission and with their recommendation coming to the City Council.

 

 

Motion by Call, seconded by Hersrud and carried with all members voting yes to approve second reading of Ordinance 2008-01 amending Title 11, Chapter 11.05, section 11.05.32, “cost per gallon”.

 

ORDINANCE 2008-01

REVISED ORDINANCE AMENDING TITLE 11, Chapter 11.05, Section 11.05.32 COST PER GALLON

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 11, Chapter 11.05, Section 11.05.32 COST PER GALLON, shall be amended to read as follows:

 

Any commercial pumper shall be charged Fifty Dollars ($50.00) per thousand gallons.   Said amount shall be paid in cash at the time any load is dumped.  The charges shall be levied on the basis of tank size, rounded to the highest number.

 

           

Dated this  4th day of February, 2008.

 

First reading: January 21, 2008

Second reading:  February 4, 2008

Adopted: February 4, 2008

Published: February 16, 2008

Effective:  March 8, 2008

 

Motion by Hersrud, seconded by Anders, and carried with all members voting yes to approve  second reading of Ordinance 2008-02 a supplemental ordinance amending ordinance 2007-33 annual appropriations.

 

Ordinance No. 2008-02

A SUPPLEMENTAL ORDINANCE AMENDING ORDINANCE NO. 2007-33 ANNUAL APPROPRIATIONS FOR THE YEAR 2008 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 2007-33 be amended so that the following amount is hereby appropriated to meet the obligations of the municipality for the year 2008.

 

Capital Improvements – Parks

            4370                Capital Improvements              $99,500.00

 

 

Adopted this 4th day of February 2008.

 

                                                           

First reading: January 21, 2008

Second reading:  February 4, 2008

Adopted:   February 4, 2008

Published: February 16, 2008

Effective:  March 8, 2008

 

McVay introduced the following written resolution and moved its adoption:

 

RESOLUTION 2008 - 04

A RESOLUTION establishing a purchasing policy manual

 

WHEREAS the City of Sturgis desires to adopt a purchasing policy manual which shall incorporate a purchasing program the goals of which are recognized by the Council as follows:

 

1.                  To comply with the legal requirements of public purchasing.

 

2.                  To assure vendors that impartial and equal treatment will be afforded all who wish to do business with the City.

 

3.                  To receive maximum value for each public dollar spent.

 

4.                  To provide the City departments the required goods and services at the time and place needed in the proper quantity and quality.

 

5.                  To purchase only goods and services for which funds have been approved and previously budgeted.

 

WHEREAS the City of Sturgis recognizes that if the procedures and guidelines established in this manual are followed, each department will efficiently manage, control and plan their available resources to meet present and future departmental needs and help the City meet these goals..

 

WHEREAS it is the intent of the City that if the procedures and guidelines in the policy are followed for each claim, the City Manager shall be authorized to sign all warrants for the payment of money related to the claims, and the same shall be countersigned by the Financer Officer, Mayor or City Council President, and the claim therefore will be deemed to be approved by the City Council.

 

            WHEREAS the City recognizes that under the direction of the City Manager, the Finance Officer shall have the responsibility for the administration of the City of Sturgis’ Purchasing Policy and that questions of interpretation shall be directed to either the City Manager or Finance Officer and to ensure effective implementation of the purchasing policy, the Finance Officer shall establish special operational guidelines, develop appendixes, and amend policy as necessary while remaining consistent with the guidelines established by the Manual as adopted.

 

            NOW THEREFORE the City of Sturgis having been presented with said Purchasing Policy Manual and the City does hereby approve said Purchasing Policy Manual and implements the principals contained in said Manual.

 

            Dated this 4th  day of February, 2008.

 

Anders 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 Call, seconded by Ferguson, and carried with all members voting yes to allow the Sturgis Motorcycle Museum to use the “City of Riders” logo on the gun stock of a gun that will be raffled off.

 

Motion by Anders, seconded by Ferguson and carried with Anders, Ferguson, Hersrud, LaRue, McVay and Usera voting yes and Call abstaining to approve the special events license for Homeslice Management, to be hosted by Loud American at the Auditorium on March 1, 2008.

 

Motion by Call, seconded by McVay and carried with all members voting yes to approve the raffle request from the Sturgis Motorcycle Museum for a rifle to be raffled on December 20, 2008.

 

Motion by Usera, seconded by Hersrud and carried with all members voting yes to approve the raffle request from the Sturgis Area Chamber of Commerce Charitable Foundation for a motorcycle to be raffled off on August 9, 2008.

 

Motion by Hersrud, seconded by Anders and carried with all members voting yes to approve the raffle request from the Sturgis Area Chamber of Commerce for 50/50 tickets to be raffled at the Chamber after Hour Mixers.

 

Motion by Hersrud, seconded by Call and carried with all members voting yes to approve the raffle request from Sturgis Center for the Arts for a 2 story dollhouse to be raffled on April 11, 2008.

 

Motion by McVay, seconded by Anders and carried with Anders, Ferguson, Hersrud, LaRue, McVay and Usera voting yes and Call abstaining to set a public hearing date of February 19, 2008 for a location transfer of a wine license for Olde Worlde Café and Bookery.

 

Motion by Anders, seconded by Ferguson and carried with all members voting yes to approve first reading of Ordinance 2008-03 – “Revised ordinance amending title 16, Chapter 16.05 – Parking and Stopping”.

 

Motion by Usera, seconded by McVay and carried with all members voting yes to change the legal newspaper to the Meade County Times from March 1, 2008 to April 4, 2008 due to publishing the election notices.

 

Motion by Anders, seconded by Call and carried with all members voting yes to approve travel for Scott Rovere to the International Code Conference Training in Denver from March 2 to March 7, 2008.

 

Motion by Hersrud, seconded by Usera and carried with all members voting yes to go into executive session for legal advice at 8:24 pm.

 

Motion by Call, seconded by Usera and carried with all members voting yes to return to regular session at 9:10 pm.

 

Motion by Anders, seconded by McVay and carried with all members voting yes to authorize Mr. Jackley to settle with Mr. Small, personal guarantor for the obligation owed by Galena Industries in the amount of $22,500 and to authorize assignment of judgment, if granted by the court, to Mr. Small to proceed to recover against Mr. Keith, a second personal guarantor

 

Motion by Hersrud, seconded by Usera, and carried with all members voting yes to adjourn the meeting at 9:14 p.m.

 

 

ATTEST: ___________________________ APPROVED: ______________________________

               Fay Bueno, Finance Officer                                   Maury LaRue, Mayor