PROCEEDINGS OF THE
STURGIS CITY COUNCIL – MARCH 5, 2007
The Common Council of the City of
Mayor Jensen reminded everyone that the Board of
Equalization hearings start on March 19, 2007 at 5:30 p.m.
Mayor Jensen also requested a moment of silence
in honor of our service men and women.
Motion by Jacobson, second by Chaplin and
carried to approve the agenda as presented.
Motion by Chaplin, second by Scudder and carried
to approve the minutes of the February 20, 2007 council meeting.
Motion by Jacobson, second by Chaplin and
carried unanimously to approve the following wages, transfers and claims:
Wages –Mayor and Council $6,416.64;
Finance Office $16,013.05; Buildings $2221.60; Engineering $8,207.69; Police
$64,038.49; Fire Department $5,028.45; Streets $15,235.38; Street Cleaning
$2,990.93; Cemetery $3,436.46; Community Center $27,591.17; Library $19,342.47;
Auditorium $499.33; Parks $17,663.04; Ambulance $14,452.21; Liquor $6,981.23;
Water $16,412.75; Wastewater $16,072.33; Sanitary Service $18,033.20; Rally
$10,565.61; Federal Withholding $22,797.46; FICA $39,922.74
Transfer Out – General Fund $36,816.67;
Capital Improvement $8,333.33; UDAG $2,500.00; Liquor $6,250.00
Transfer In – Parks $36,816.67; General
Fund $6,250; Capital Improvement $4,166.67; Community Projects $8,333.33;
Revolving Loan $2,500.00
Accounting Services Out (all to
General Fund)
– Sanitation $675.00; Wastewater $675.00
GENERAL FUND – 54 Printing, $25.00, other; A Click Away Remotes,
$97.40, sup; Amcon Distributing, $133.82, merch for resale; Argus Leader,
$267.28, sup; Baker & Taylor, $9.61, sup; Andrew Barff, $30.00, other; BH
Chemical, $42.99, sup; BHP&L, $2,183.06, util; BH RC&D, $100.00, other;
PARK – BHP&L, $352.40, util; City
of Sturgis Water Dept, $131.00, util; MDU, $424.99, util; Morman Law Firm, $252.00,
prof fees; Pizza Hut, $47.27, sup; Verizon, $44.92, util.
BRICK PROJECT FUND – Robert Sharp &
Assoc, $149.45, publishing.
LIBRARY BUILDING FUND – Artisan House
Galleries, $7,150.00, lib furn; Demco, $7,965.67, lib furn; Pamida, $75.99, lib
furn.
AMBULANCE SERVICE – Alltel, $15.21,
util ;BHP&L, $566.20, util; City of Sturgis Water Dept, $36.50, util; DB
Billing, $480.23, prof fees; Enning Propane, $315.00, util; MDU, $431.28, util;
Prairiewave, $44.83, util; Spring Repair, $292.88, maint; West River Electric
Assoc, $22.45, util.
MAYOR’S RIDE – Robert Sharp &
Assoc, $899.32, publishing.
SPECIAL SALES TAX – Chamber of
Commerce, $7,500.00, chamber; Premier Pyrotechnics, $6,500.00, city promotion;
SIEC, $7,500.00, ind dev.
LIQUOR – BH Winery, $372.00, off sale
liquor; City of Sturgis Water Dept, $289.00, util; Fisher
WATER SYSTEM OPERATIONS – BHP&L,
$8,103.31, util; Cetec, $2,500.00, prof fees; City of Sturgis Water Dept,
$51.00, util; MDU, $117.10, util; Candy Morrell, $380.25, maint; Prairiewave,
$152.86, util; Verizon, $179.68, util.
WASTEWATER FACILITIES – Aries
Industries, $112.94, maint; BHP&L, $10.00, util; Cetec, $2,500.00, prof
fees; Junek’s Service, $59.46, maint; Candy Morrell, $250.00, maint; RDO
Equipment, $69,995.00, equipment; Verizon, $186.92, util.
SANITARY SERVICE – 54 Printing,
$160.00, sup; Eddies Truck Sales, $24.60, maint; Morman Law Firm, $36.00, prof
fees; Candy Morrell, $250.00, maint; Qwest, $45.73, util; Richard Berkey, $28.70,
maint; Verizon, $44.92, util.
RALLY – Fedex, $5.71, sup; Jacobson
First Western Ins, $263.00, other; Lamar, $3,672.40, publishing; Loud American
Roadhouse, $53.65, sup; Morman Law Firm, $3,424.80, prof fees; Candy Morrell,
$250.95, maint; Robert Sharp & Assoc, $10,733.25, sup; Verizon, $44.96,
util.
DARE TRUST ACCOUNT – Innocorp, Lit.,
$1,170.90, sup.
Motion by Green, second by Chaplin and carried
to set a public hearing date of April 2, 2007 for a zoning variance for Billy
Fields dba Rosco’z, 976 Lazelle, to construct a deck with less than the
required side-yard setback.
Duke Goodell, representing South Dakota
Department of Labor, presented an overview of the diversity of services that is
provided by the Department of Labor at no charge.
Kathy Hersurd, representing the Sturgis Rally
Charities Foundation, informed the council that last year, the foundation was
able to give out 34 checks totaling $29,500 to various entities.
Patterson questioned if one group is allowed to
set up in the public right of way, how are future request going to be handled.
Hersrud explained that the monies received are
given back to Sturgis.
Motion by Scudder, second by Chaplin and carried,
with Patterson and Green voting no, to approve the Sturgis Rally Charities Foundation’s
request to use
Motion by Green, second by Chaplin and carried
to approve the Loud American Roadhouse’s request for street closures for the
summer street dances to be held June 9, July 7 and July 27, 2007.
Rick Schmid stated that he did not like to see
public right of way being used to benefit one business and he has concerns
about the street being closed July 27, 2007 since it is so close to the rally.
Motion by Chaplin, second by Jacobson and
carried to set a public hearing date of March 19, 2007 for Special Events
Licenses for the Summer Street Dances June 9, July 7 and July 27, 2007 and to
be served by the Jaycees.
Motion by Chaplin, second by Jacobson and
carried to set a public hearing date of March 19, 2007 for the following
transfers:
Ø Retail (on-sale) Liquor
License from the Nite Owl Lounge Inc,
Ø Retail (on-off sale) Malt
Beverage License from Sturgis Rally Land Co. LLC, dba The Knuckle Saloon,
Motion by Patterson, second by Anders and
carried to approve second reading of Ordinance 2007-02 – Ordinance Amending Title
12.02.01 Specific Acts, Conditions and/or Things Deemed to be Nuisances. The ordinance reads as follows:
ORDINANCE 2007-02
REVISED ORDINANCE AMENDING TITLE 12, Chapter 12.02, Section 12.02.01 Specific Acts, Conditions, and/or Things Deemed
to be Nuisances
BE IT ORDAINED by the Common Council of the City of
Sturgis, Meade County, South Dakota, that Title 12 Chapter 12.02 Section
12.02.01 Specific
Acts, Conditions, and/or Things Deemed to be Nuisances shall be amended as follows:
Delete subsections W and X.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted:
March 5, 2007
Published:
March 10, 2007
Effective:
March 31, 2007
Motion by Green, second by Patterson and carried
to approve second reading of Ordinance 2007-03 – Ordinance Amending Title
12.08.02 Sale of Fireworks. The
ordinance reads as follows:
ORDINANCE 2007-03
REVISED ORDINANCE AMENDING TITLE 12, Chapter 12.08, Section 12.08.02
BE
IT ORDAINED by the Common Council of the City of
12.08.02:
No
person shall sell or offer for sale any fireworks within the limits of the City
or within one mile thereof.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted:
March 5, 2007
Published: March
10, 2007
Effective: March
31, 2007
Motion by Jacobson, second by Anders and carried
to approve second reading of Ordinance 2007-04 – Ordinance Amending Title
12.08.03 Use of Fireworks. The ordinance
reads as follows:
ORDINANCE 2007-04
REVISED ORDINANCE AMENDING TITLE 12, Chapter 12.08, Section 12.08.03 USE
BE
IT ORDAINED by the Common Council of the City of
12.08.03: USE
No
person shall explode, set off or fire any fireworks within the City or within
one mile thereof except during the specified allowable time period which shall
commence at 6:00 am July 3rd and end at 12:00 am July 5th.
No
person shall at any time including the time period specified above explode, set
off or fire any fireworks within any City park.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted: March
5, 2007
Published: March 10, 2007
Effective: March 31, 2007
Motion by Chaplin, second by Anders and carried
to approve second reading of Ordinance 2007-05 – Ordinance Adding Title
12.08.04 Restriction by Resolution. The
ordinance reads as follows:
ORDINANCE 2007-05
REVISED ORDINANCE AMENDING TITLE 12, Chapter 12.08 FIREWORKS
BE
IT ORDAINED by the Common Council of the City of
12.08.04: Restriction by resolution
The use of fireworks within the limits of the City may be restricted by
resolution of the City Council as the City Council may deem necessary due to
the existence of heightened fire danger.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted: March 5, 2007
Published: March
10, 2007
Effective: March
31, 2007
Motion by Green, second by Scudder and carried
to approve second reading of Ordinance 2007-06 – Ordinance Amending Title
12.11.07 Fees for Sexually Oriented Performers.
The ordinance reads as follows:
ORDINANCE 2007-06
REVISED ORDINANCE AMENDING TITLE 12, Chapter 12.11, Section 12.11.07 FEES
BE
IT ORDAINED by the Common Council of the City of
12.11.07: FEES
The
annual, non-refundable application fee for a business allowing sexually
oriented performing shall be Two Hundred and Fifty Dollars ($250.00). The
annual application fee for a sexually oriented performer shall be One Hundred
Dollars ($100.00).
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted:
March 5, 2007
Published:
March 10, 2007
Effective:
March 31, 2007
Rick Schmid voiced his disagreement with the
increase of license fees saying the city needs to work with the downtown
businesses.
Motion by Chaplin, second by Anders and carried
to approve second reading of Ordinance 2007-07 – Ordinance Amending Title
13.02.08 Trespass and Unauthorized Use of Property. The ordinance reads as follows:
ORDINANCE 2007-07
REVISED ORDINANCE AMENDING TITLE 13, Chapter 13.02, Section 13.02.08 TRESPASS AND UNAUTHORIZED USE OF PROPERTY
BE IT ORDAINED by the Common Council of the City of
Sturgis, Meade County, South Dakota, that Title 13 Chapter 13.02 Section
13.02.08 Trespass and unauthorized use
of property shall be amended to read as follows:
13.02.08: UNAUTHORIZED
CAMPIng, USe of property and trespass
No person shall lodge, use or occupy any barn, garage, shed, shop or
other house or building or structure or any automobile, truck, railroad car or
other vehicle without permission of the owner or person entitled to possession.
No person shall camp or otherwise lodge in any public way, park or
place which is not specifically designated as an area authorized for camping or
other lodging.
No person shall knowingly enter upon any privately owned real property
which is not open to the use of the public, unless he has first obtained the
consent of the owner or person in possession or control thereof.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted:
March 5, 2007
Published:
March 10, 2007
Effective:
March 31, 2007
Motion by Green, second by Scudder and carried
to approve second reading of Ordinance 2007-08 – Ordinance Amending Title
13.04.03 Carrying: Persons Under 18
(Firearms). The ordinance reads as
follows:
ORDINANCE 2007-08
REVISED ORDINANCE AMENDING TITLE 13, Chapter 13.04, Section 13.04.03 CArrying:
PERSONS UNDER 18
BE
IT ORDAINED by the Common Council of the City of
13.04.03: CARRYING:
PERSONS UNDER 18
No person under the age of 18 years shall carry, discharge or shoot off
any gun, pistol, rifle, air gun, carbon dioxide gun, bow or any other firearm,
or use for any purpose any such device for throwing or forcing through the air
missiles or projectiles of any character, upon the street or about or within
the City, unless accompanied by his or her parent or guardian.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted: March 5, 2007
Published: March
10, 2007
Effective: March
31, 2007
Motion by Patterson, second by Anders and carried
to approve second reading of Ordinance 2007-10 – Ordinance Amending Title
15.04.01 Unlawful to Obstruct Streets and Sidewalks. The ordinance reads as follows:
ORDINANCE 2007-10
REVISED ORDINANCE AMENDING TITLE 15, Chapter 15.04, Section 15.04.01 Unlawful to
obstruct streets and sidewalks
BE
IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South
Dakota, that Title 15 Chapter 15.04 Section 15.04.01 Unlawful to obstruct streets and sidewalks shall be amended
to read as follows:
No person shall encumber or obstruct any sidewalk,
street, public way, public alley, or public ground within the City.
No person shall leave standing or store any
vehicle, structure or object in any public right of way, street, sidewalk, or
on public ground which obstructs the use of the same.
No person shall permit
merchandise to be stored upon any public right of way, street, sidewalk or
public ground unless authorized by City Council.
No person shall sell any goods or
merchandise upon any public street, alley, sidewalk or public ground unless
authorized by City Council.
First reading:
February 20, 2007
Second reading:
March 5, 2007
Adopted: March 5, 2007
Published: March
10, 2007
Effective: March
31, 2007
Motion by Chaplin, second by Green and carried
to approve first reading of Ordinance 2007-09 – Ordinance Adding Title 13.04.04
– Public Safety.
Motion by Anders, second by Patterson and
carried with all members present voting yes to approve first reading of
Ordinance 2007-11 – Supplemental Library Appropriations.
Motion by Anders, second by Chaplin and carried with
all members present voting yes to authorize advertising for 2-Year Lagoon Hay
contract bid.
Motion by Scudder, second by Chaplin and carried
with all members present voting yes to authorize the Rally Department to write off
$50 owed by Windmill Campground for Visitor CD Listing.
Motion by Patterson, second by Anders and
carried to approve the discontinuance of Digital Sturgis Website.
Motion by Anders, second by Chaplin and carried
with all members voting yes to authorize Meade County to abate delinquent real
estate taxes on the Magelky trailer (from Woodland Trailer Park).
Motion by Green, second by Scudder and carried
unanimously to authorize the
Jack Hoel questioned if the city’s logo was
trademarked.
Deptuy City Attorney Candi Thompson informed
Hoel that it was.
Patterson introduced the following written resolution
and moved its adoption:
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Resolution 2007-10 |
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A Resolution
Authorizing the Cancellation of Outstanding Checks |
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WHEREAS,
the Common Council of the City of |
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warrant
that has been drawn on the City of |
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time
within one (1) year of the date in which the check or warrant was issued, and |
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WHEREAS,
the following checks have not been presented for payment at any time within |
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one (1)
year of the date in which the check was issued, now therefore, |
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BE IT
RESOLVED that the following checks are hereby cancelled and the Sturgis |
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Finance
Officer is hereby authorized to note the cancellation of said checks on the
register: |
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Check
No. |
Payee |
Date
Issued |
Amount |
GL Code |
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25793 |
Lucas
Clement |
10/31/05 |
$14.78 |
101-4511-4110 |
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78650 |
Ronald
Plender |
1/14/2004 |
$18.62 |
602-2200 |
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78791 |
Hager,
Nina |
2/2/2004 |
$1.69 |
602-2200 |
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80006 |
McQuowan,
April |
6/9/2004 |
$32.78 |
602-2200 |
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80009 |
Dan
Skinner |
6/9/2004 |
$17.58 |
602-2200 |
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80618 |
Georgia
Andazola |
7/7/2004 |
$8.25 |
602-2200 |
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80818 |
Dave
Wisser |
8/2/2004 |
$8.62 |
602-2200 |
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81370 |
Jeff
Houska |
9/13/2004 |
$60.00 |
602-2200 |
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81852 |
Qwest |
10/19/2004 |
$62.00 |
101-4211-4280 |
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82019 |
Kenneth
Aberle |
11/4/2004 |
$2.58 |
602-2200 |
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82021 |
Larry Burditt |
11/4/2004 |
$0.78 |
602-2200 |
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82099 |
2 XL
Corp |
11/16/2004 |
$173.84 |
101-4511-4260 |
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82153 |
Heiman
Fire |
11/16/2004 |
$945.60 |
101-4229-4260 |
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82965 |
2XL Corp |
2/8/2005 |
$292.36 |
101-4511-4260 |
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83228 |
Bentz
Equip |
2/23/2005 |
$110.00 |
101-4370-4250 |
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84003 |
Qwest |
4/19/2005 |
$62.00 |
101-4211-4280 |
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84062 |
Crossings |
5/3/2005 |
$46.95 |
101-4551-4260 |
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84874 |
Jon
Cooley |
7/13/2005 |
$2.74 |
602-2200 |
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85148 |
Qwest |
8/2/2005 |
$58.04 |
101-4560-4280 |
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$53.32 |
101-4350-4280 |
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$43.57 |
612-4323-4280 |
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85223 |
Tim
Brown |
8/16/2005 |
$32.39 |
602-2200 |
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85399 |
Ryan
Morgenstern |
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