PROCEEDINGS OF THE STURGIS
CITY COUNCIL –
The Common Council of the City of
Mayor Zeigler made the following announcements – a) there
would be a meeting with the resident of Woodland Trailer Court on Wednesday,
March 8, 2006 at 6:30pm at the Community Center; b) the District 10 meeting,
which is hosted by Sturgis, is scheduled for April 18, 2006; c) congratulations
to the Sturgis Brown High School Wrestling Team, which won the State
Championship; d) the Scoopers would be hosting the Huron Tigers for District
play-off on Tuesday, March 7, 2006; e) a meeting has been scheduled with Kathie
Grant, Emergency Manager for Meade County, on Monday, March 13, 2006 at noon at
City Hall.
Motion by Scudder, second by Chaplin & carried
to approve the agenda as presented.
Motion by Chaplin, second by Anders & carried to
approve the minutes of the
Motion by Chaplin, second by Scudder & carried
unanimously to approve the following wages, transfers & claims:
Wages –
Transfers
Out - General Fund $33,998.50; Capital Impr $61,585.09; UDAG $2,500.00;
Liquor $6,250.00; Water $3,333.33; Wastewater $26,575.00; Rally $6,250.00
Transfers
In – Parks $33,998.50; General Fund $12,500.00; Debt
Accounting
Street
Overlay Out – Sanitation $4,166.67
GENERAL
FUND – BHP&L, $606.85, util; City of Sturgis Water Dept, $641.90, util;
MDU, $286.44, util; Prairiewave, $1,250.47, util; Verizon, $1,298.05, util.
PARK
– BHP&L, $158.89, util; City of Sturgis Water Dept, $92.00, util; Verizon,
$44.91, util.
AMBULANCE
SERVICE – BHP&L, $548.57, util; Cellular One, $14.29, util; City of
Sturgis Water Dept, $29.30, util.
LIQUOR
– City of
WATER
SYSTEM OPERATIONS – BHP&L, $4,450.23, util; City of Sturgis Water Dept,
$68.00, util; MDU, $98.63, util; Prairiewave, $148.05, util; Verizon, $179.64,
util.
WASTEWATER
– Verizon, $89.82, util.
SANITARY
SERVICE – BHP&L, $169.31, util; Qwest, $43.53, util; Verizon, $44.91,
util.
RALLY
– Verizon, $44.93, util.
GENERAL
– Kevin Aga, $250.00, group ins; Amcon Distributing, $431.22, merch for resale;
American Red Cross, $760.00, cc prog exp; Argus Leader, $267.28, sup;
Associated Supply, $281.26, merch for resale; Baker & Taylor, $418.96, sup;
BH Drywall, $684.42, maint; BJ Jerkey Dist Co, $168.00, merch for resale;
BHP&L, $196.85, util; BH Power, $144.00, maint; Boner’s Woodworking,
$2,400.00, sup; Borders, Inc., $286.69, sup; Jerry Burnham, $2,125.00, prof
fees; Shannon Butler, $30.00, other; Butte Electric, $237.66, util; Century
Business Products, $41.17, maint; Chain Saw Center, $15.95, maint; Chamber of
Commerce, $160.00, other; City of Belle Fourche, $8.00, prof fees; Commercial
Door & Specialties, $50.00, maint; Community Center Petty Cash, $7.60, cc
prog exp; CQ Press, $174.75, sup; Crossings, $28.00, sup; Dakota Supply Group, $89.94,
maint; Joyce Ehlers, $73.15, group ins; Energy Labs, $70.00, maint; Engineering
Dept Petty Cash, $56.13, sup; Extension Revolving, $30.00, sup; Farmers
Brothers Co, $61.74, resale; Farmer Union Oil, $9,068.54, sup; Finance Office
Petty Cash, $11.94, sup; Kevin Forrester, $462.00, maint; Freeman Electric,
$211.65, maint; General Traffic Controls, $223.95, maint; Heartland Paper Co,
$178.74, sup; Heiman Fire Equipment, $7,202.65, sup; Hersrud, $3.08, maint;
Hills Septic Service, $155.00, maint; Iverson Construction, $508.14, maint;
Johnson, Jones & Ireland Vet, $225.60, sup; Johnston hardware, $163.69,
sup; Melissa Lensegrav, $500.00, group ins; Locks by Bernie, $20.00, sup; Loud
American Roadhouse, $27.10, other; Lynn’s Dakotamart, $33.51, sup; Marlow White,
$130.00, sup; Meade Co Auditor, $13,044.26, other; Meade Co Times, $26.50,
publishing; Menard’s, $201.72, maint; Morman Law Firm, $4,232.57, prof fees;
Candy Morrell, $2,500.00, maint; Mr. Rooter Plumbing, $180.89, maint; Jim
Nelson, $340.00, maint; Neve’s Uniforms, $42.85, sup; Newman Traffic Signs,
$301.30, sup; North Central Supply, $1,721.09, maint; Officemax Contract,
$491.01, sup; Owens Interstate Sales, $83.42, maint; Pennington Co Firefighters
Assoc, $30.00, travel; Pony Expresso, $44.08, sup; Potpourri Flowers &
Gifts, $35.00, sup; Prairiewave, $36.75, util; Larry Prince, $120.00, cc prog
exp; Quill Corp, $825.21, sup; Lois Rathman, $75.00, sale of cemetery lots;
Justin Regan, $32.00, cc prog exp; Sam’s Club, $1,446.05, merch for resale; SD Community
Foundation, $2,000.00, contingency Funds; SD State Historical Society, $35.00,
sup; Dale Stoltman, $28.00, travel; Sturgis Veterinary Hospital, $6.84, prof
fees; TDG Communications, $1,330.00, prof fees; Town-n-Country Plumbing,
$15.33, sup; Vanway Trophy, $303.75, cc prog exp; Viking Office Products,
$71.96, sup; Joey Weiland, $60.00, sup; West River Electric Assoc, $398.43,
util; Justin Weyer, $30.00, other.
PARK
– BHP&L, $115.97, util; Finance Office Petty Cash, $10.88, sup; Morman Law
Firm, $914.73, prof fees; Torgerson, Terry & Caroline, $185,000.00, cap
imp;
BRICK
PROJECT FUND – Lamar, $400.00, publishing.
AMBULANCE
SERVICE – Commercial Door & Specialties, $50.00, maint; Prairiewave,
$87.26, util; Regional Health, $1,021.57, sup.
MAYOR’S
RIDE – Outsource Solutions, $12.60, sup.
SPECIAL
SALES TAX – Chamber of Commerce, $7,500.00, chamber; Premier Pyrotechnics,
$6,516.61, city promotion; SIEC, $6,416.67, ind dev.
CERT
POLICE GRANT – 54 Printing, $100.00, sup.
UDAG
– SIEC, $2,750.00,
PERPETUAL
MAINTENANCE – Lois Rathman, $75.00, perp. Maint.
CAPITAL
PROJECTS – Ainsworth Benning Construction, $92,874.00, cap imp; American
Technical Services, $937.00, cap imp; Geiger Architecture, $28,655.62, cap imp.
LIQUOR – Chamber of Commerce, $500.00,
other liquor; Eagle Sales, $4,021.75, off sale beer; Fisher Beverage,
$3,518.15, off sale beer; Frito Lay, $12.68, snacks for resale; Johnson Western
Wholesale, $9,348.78, off sale liquor; M&B Enterprises, $57.00, snacks for
resale; Nash Finch, $50.00, other; Prairie Berry, $588.00, off sale liquor;
Rushmore News, $58.80, snacks for resale; S. Ellwein, $62.56, resale; Sam’s
Club, $110.01, maint; Sodak Distributing, $5,476.55, off sale liquor; Homeslice
Group, $2,448.00, prof fees; Valiant Vineyard, $44.35, off sale liquor; Western
Business Solutions, $395.00, other.
WATER
SYSTEM OPERATIONS –
WASTEWATER
FACILITIES – BHP&L, $1,659.60, util; Lawson Products, $179.85, sup;
Morman Law Firm, $130.00, prof fees; Owens Interstate Sales, $10.39, sup;
Sanitation Products, $471.73, maint; Shamrock Pipe Tools, $1,380.39, maint; USA
Blue Book, $113.10, maint.
SANITARY
SERVICE – A&J Surplus, $249.88, maint; Farmers Union Oil, $1,488.76,
sup; Fastenal Co, $135.06, maint; Interstate Power Systems, $628.19, maint;
Kimball Midwest, $277.14, sup; Owens Interstate, $6.55, maint; RDO Mack Sales,
$38.02, maint; Rose’s Sanitation, $18.00, prof fees; Sanitation Products,
$579.50, maint; SDSWMA, $200.00, travel.
RALLY
– Farmers Union Oil, $56.46, travel; Fedex, $20.94, sup; Freeman Electric,
$210.00, sup; Jacobson First Western Ins, $263.00, other; Lamar, $1,800.00,
publishing; Morman Law Firm, $1,672.19, prof fees; Outsource Solutions,
$462.29, sup; RC Postal Customer Council, $40.00, travel; Sam’s Club, $296.01,
sup; TDG Communications, $1,500.00, prof fees.
CC
CHILDREN’S FUND – Community Center Dept, $120.00, other.
This was the time set upon application for a public
hearing for a zoning amendment for Carolyn Erickson,
City Engineer Bob Kaufman advised that a big portion
of the property surrounding this lot was already zoned highway service and that
the Erickson’s would like to rezone this to match those properties.
Erickson advised that it is just a vacant lot and
that they would be agreeable to creating an easement for the alley.
Milo Kolda,
City Attorney Keith Smit advised that there was a misunderstanding
the last time on how the property was zoned.
At that time, it was thought that all of the land was residential. However, two of the lots had already been
zoned highway service previously.
Kolda questioned where everyone would park when the
property would be used in the future for rally purposes. He also advised that this was the only
entrance/exit for the residential area past the railroad tracks.
Joseph Bryant advised that he was here on
Mike Bachand advised that he had spoken with Terry
Keszler, who lives in the area of the proposed amendment. Keszler requested that Bachand voice his
concerns, as he was dealing with a family emergency.
Palmer Dahl advised that he is also opposed due to
the congestion in the area during the rally.
Also, Dahl advised that he had heard it was going to be a bar and feels
that there are plenty of other places in which to put it.
Bryant advised that the City should not rezone this
until they have received a written plan as to what the property would be used
for.
Erickson questioned why people were assuming that
there would be a bar built there, as she is very opposed to bars. She would not even consider a bar.
Green advised that everyone keeps referring to this
property as highway service, but it doesn’t appear in the Register of Deeds
Office as such. It was brought up at Planning
Commission that it would be a grandfathered use, but if the use changes or there
is a sale of the property, it would not be a grandfathered right.
Erickson advised that the last use for the property was
Highway Service because there was a filling station there. They had dug up tanks and satisfied the EPA.
Motion by Green and second by Jensen to deny the
amendment request.
Mayor Zeigler advised that he felt that if Erickson
came in with a plan, the council would be more amiable to supporting this
request. However, there are a lot of
unknowns right now.
Chaplin advised that it would also help if the alley
would be platted out.
Zeigler noted that the Erickson’s are meeting the
City half-way with creating an easement for the alley.
Erickson advised that she had complied with
everything that they (Planning Commission & City) have asked.
Jacobson advised that she had real doubts with a Highway
Service zone right next to the residential owner-occupied houses.
The vote was taken with all voting no.
Finance Officer Pauline Sumption reminded the
council what the motion was, which was to deny the amendment request.
Motion by Green, second by Jacobson & carried to
reconsider the vote on the previous motion.
The re-vote was taken, with all voting in favor of
the motion. The zoning amendment was denied.
This was the time set upon application for a public
hearing for a zoning amendment for RIASH, LLC (Dan Roe),
City Engineer Kaufman advised that this is the
property adjacent to the fire department to the north. The Planning Commission
would prefer to rezone a larger area for that particular property but the request
was only for the Cruickshank property, from
Wayne Roe advised that Meade County Title would build
the same type of structure as they have on
Mayor Zeigler questioned if Robbie Symonds had been talked
to regarding this.
Roe advised that he had and that Symonds had not
voiced any concerns with it.
Green questioned what the land behind the building
would be used for.
Roe advised that they had no plans other than to
move the Title Company to a building along
John Grisham, Chairman of the Trustees at the
City Attorney Smit advised that it would be the property
line between his property and the church.
Temple advised that he did not have any concerns
with the amendment as presented but he would be somewhat concerned if the
expansion were to go through and what that would do to the future use of the
additional property.
Smit advised that the proposed zoning restricts the
use of property so that no rally related business would be allowed.
Joe DesJarlais advised that, he too, would be concerned
with the expansion to the viaduct because in the past the Planning Commission
did not want to spot zone. This area has
been zoned residential for over 65 years and he does not want to see other
types of entities to go in. There is a lot
of other commercial property available around town so he would hate to see the City
open up a new area for commercial use.
Roe advised that Meade Title had moved off of
Mayor Zeigler questioned why the council should consider
changing the zoning of the church property if it’s always going to be a church. He felt that there was no reason to go beyond
what has been requested.
Smit advised that he has a problem on the issue of
spot zoning and requested that the council continue the hearing so that he can
have a chance to determine if it is legally possible.
Motion by Green, second by Scudder & carried,
with Chaplin & Anders voting no, to continue this hearing to the next
meeting, which is
Roe advised that this deal with the current owner
will die tonight if he does not agree to give them an extension of time.
Green advised that the comment from the Planning
Commission was that everything had been presented without a clarification of the
legal description and that nothing had been received in writing from people adjacent
to this property advising of their feelings regarding this.
Roe advised that he had just received a letter today
from them and they do not have any objections to this.
John Teigen, the realtor representing Roe and the
seller, questioned what Roe could do in the next two weeks to aid in this
process. The Title Company is very
limited in choosing an area for an office setting. This would be very convenient for them as
they would be close to the courthouse, where they do a lot of business. Teigen concluded with encouraging everyone to
look at this positively.
Green introduced the following written resolution
and moved its adoption:
RESOLUTION 2006-11
RESOLUTION
APPROVING PROJECT PLAN FOR
TAX INCREMENTAL DISTRICT NUMBER NINE, CITY OF
BE IT RESOLVED by the Common Council of
the City of
WHEREAS, the Common Council has
established Sturgis Tax Incremental District Number Nine by Resolution 2005-45
on November 21, 2005, as amended on December 5, 2005; and
WHEREAS, the Common Council deems it in
the best interests of the City to promote the creation of housing development
within the City; and
WHEREAS, the Project Plan submitted
helps make such housing development feasible by assisting with various public
works improvements including streets and utilities within the tax increment
district; and
WHEREAS, the use of tax increment financing
to promote this development is authorized by the statutes of the State of
WHEREAS, a Project Plan for this Tax
Incremental District proposing such improvements has been developed; and
WHEREAS, the Common Council has
determined that the Project Plan developed for Tax Incremental District Number
Nine is economically feasible; and
WHEREAS, the Common Council has further
determined that this Project Plan is in conformity with the City of
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
OF STURGIS that the Project Plan for Tax Incremental District Number Nine
be, and is hereby, approved as submitted by the Sturgis Planning Commission;
and
NOW, THEREFORE, BE IT FURTHER RESOLVED that
a tax increment bond or note, in principal amount not to exceed $406,000 is
hereby authorized for private placement sale, as permitted under the provisions
of SDCL 11-9.
Dated
this 6th day of March, 2006.
Published:
Effective:
Chaplin duly seconded the motion for the adoption of
the foregoing resolution. All those
present voted in favor of and the resolution was declared passed and adopted.
Motion by Green, second by Jacobson & carried
unanimously to authorize the Mayor to sign the Performance Contract and the
Contract for Private Development Tax Incremental District Number Nine.
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION 2006-09
RESOLUTION APPROVING PLAT
WHEREAS, the statutes of the State
of South Dakota require that plats of property within the City of Sturgis be
submitted to the governing body for approval before the same are recorded in
the Office of the Register of Deeds; and
WHEREAS, John C Swenson &
Barbara K. Beckwith, have presented to the Common Council of the
TRACT JB IN BLOCK 1 OF HURLEY FIRST ADDITION (A REPLAT OF LOT 18 AND
LOT 19 IN BLOCK 1 OF HURLEY FIRST ADDITION) LOCATED IN N1/2 NW1/4M OF SECTION
16, T5N, R5E, BHM 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
Dated this 6th day of
March 2006.
Published:
Effective:
Green 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 Chaplin, second by Jensen and carried,
with Green voting no, to approve the mayoral appointment of Cliff Linn to the
Planning Commission for a 5-year term.
City Engineer Bob Kaufman gave a brief update on the
Library/Municipal Offices Complex. The
construction has progressed well. The steel
is 95% complete and the roof decking should be complete this week. The second floor concrete has been poured and
we are looking at a completion date towards the end of July.
City Engineer Kaufman gave a brief update on the
Exit 32 project. The eastbound driving
surfaces have been removed and there is head to head traffic in the west bound
lanes. They will be demolishing the bridges
and they are continuing with the earthwork for
City Engineer Kaufman also gave a brief update on
the Whitewood Service Road project. They
have submitted the final piece of easement information to SD DOT. Once the right-of-way certificate is signed, the
City can advertise for bids. Bids would
then be awarded at the first meeting in April.
Motion by Green, second by Chaplin & carried to
authorize the Mayor to sign the Right-of-Way Certificate for the Whitewood
Service Road project.
This was the time set to award the bids for the
Woodle Field Restroom/Concession Stand Facility. The following bids were received:
Concrete Iverson
Construction $27,000.00
Plumbing No
Bids Received
Electric Scott’s
Electric $34,828.00
Freeman’s
Electric $14,000.00
Mechanical No
Bids Received
General Construction Iverson Construction $76,400.00
Motion by Scudder, second by Chaplin & carried
to table the awarding of this bid until
Motion by Anders, second by Jensen & carried
unanimously to authorize the advertising of bids for the Strong Field Lighting
Project.
Motion by Chaplin, second by Anders & carried
unanimously to approve second reading of Ordinance 2006-04 – Library
Supplemental. The ordinance reads as
follows:
Ordinance No. 2006-04
AN ORDINANCE AMENDING ORDINANCE NO. 2005-15 ANNUAL
APPROPRIATIONS FOR THE YEAR 2005 OF THE CITY OF
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 - Library
4110 Salaries $62,026.00
4120 OASI 3,910.00
4140 Retirement 3,066.00
4150 Insurance 5,076.00
4260 Supplies 5,648.00
4270 Travel 300.00
4280 Utilities 700.00
TOTAL $80,726.00
First reading:
Second reading:
Adopted:
Published:
Effective:
Motion by Chaplin, second by
Anders & carried to approve the mayoral appointment of Rod Hines to the
Airport Board for a 2-year term.
Motion by Meland, second by
Chaplin & carried to table until
Motion by Chaplin, second by
Meland & carried unanimously to enter into an agreement with SD DOT to hire
Brosz Engineering to complete the bridge inspections. SD DOT will pay 80% of the project and the
City would pay the balance.
Motion by Meland, second by
Jensen & carried unanimously to approve the 2005 Annual Report.
Motion by Scudder, second by
Chaplin & carried unanimously to authorize the Mayor to sign the engagement
letter with Ketel Thorstenson to complete the 2005 Audit. Costs of this audit are estimated at $16,000.
Motion by Anders, second by
Chaplin & carried unanimously to waive the lot rent for the residents of
Jensen requested that the
council also think about offering an additional $500 to those residents that
would be moving their trailers out of the court by
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Mayor Zeigler advised that Rally Director Lisa Weyer
& TDG Communications would be having a formal presentation of Digital
Sturgis at the
Condolences were given to Water Superintendent Eldon
Christians in the loss of his father.
City Engineer Kaufman advised that if anyone was
interested he had a seminar brochure on team building.
Motion by Anders, second by Jacobson & carried
to adjourn the meeting at
ATTEST: ____________________________ APPROVED:
_____________________________
Pauline
Sumption, Finance Officer Mark
T. Zeigler, Mayor