PROCEEDINGS OF THE STURGIS
CITY COUNCIL – MARCH 19, 2007
The Common Council of the City of
Jacobson made the following announcements: a) the library/municipal offices complex will
be holding its grand opening on Friday, May 4, 2007; b) Mutch Usera will be
speaking to the City employees on Thursday, March 22, 2007 at 10am in Sturgis
and 2pm in
A moment of silence was observed in honor of our
service men and women.
Finance Officer Pauline Sumption advised all those
present that state statute requires disclaimers on any political advertising
that is being done. Copies were made
available for anyone that wanted one.
Motion by Anders, second by Chaplin & carried to
approve the agenda as presented.
Motion by Patterson, second by Chaplin & carried
unanimously to approve the minutes of the March 5, 2007 council meeting.
Motion by Green, second by Anders & carried to
approve the following claims:
GENERAL FUND – A&B Business,
$118.08, sup; A&B Welding, $203.88, sup; ABC, $30.00, sup; ACS Firehouse
Solutions, $625.00, prof fees; Associated Supply Co, $1,122.00, sup; Best
Business Products, $21.67, maint; BH Chemical, $608.17, sup; BHP&L,
$18,277.55, util; BH.com, $75.00, maint; Bierschbach Equipment, $31.20, maint;
Birdsall Sand & Gravel, $50.10, sup; Butte Electric, $281.04, util;
Campbell Supply, $972.27, sup; CCI Solutions, $52.00, sup; Coca Cola,
$1,660.50, sup; Crum Electric, $-22.27, sup; Dakota Ammo, $621.20, sup; Dakota
Backup, $97.62, maint; Ecolab, $144.00, maint; Elan-City, $1,229.84, travel;
Energy Labs, $70.00, maint; Farmers Union Oil, $11,756.60, sup; Flowers by
Rose, $25.00, sup; FSH Communications, $120.00, util; G&G Enterprises,
$107.50, merch for resale; Gall’s, $54.57, sup; Glaser, LLC, $723.50, sup; Godfrey
Brake Service, $89.52, maint; Scott Hast, $30.00, other; Hauff Mid-America
Sports, $8.50, cc prog exp; Heiman Fire Equipment, $893.93, sup; Hills
Materials, $3,967.63, sup; Jacobson First Western Ins., $15,825.00, ins; Tyler
Jensen, $10.00, cc prog exp; Dennis Johnson, $80.00, cc prog exp; Johnston
Hardware, $150.49, sup; Lynn’s Dakotamart, $13.37, cc prog exp; Meade Co Times,
$218.27, publishing; Menard’s, $204.09, sup; MDU, $8,873.34, util; Mountain
Plains Health Consort, $49.00, prof fees; NAPA, $597.38, maint; NASRO, $30.00,
other; Mike Nelson, $67.84, refunds; Occupational Health Network, $53.83, prof
fees; Office Depot, $114.74, sup; OMBS Express Police Supply, $2.97, sup;
O’Reilly Auto Parts, $141.06, sup; Joel Ortiz, $30.00, other; Owens Interstate
Sales, $380.32, sup; Pamida, $61.06, sup; Pool & Spa Center, $91.00, maint;
Powerplan, $840.77, maint; Prairiewave, $239.96, util; Larry Prince, $80.00, cc
prog exp; Public Safety Equipment Co, $47.75, sup; Purchase Power, $6.00, sup;
Ramaker & Assoc, $450.00, maint; Regional Health, $194.34, sup; Rockingtree
Landscapes, $252.65, sup; Scott Rovere, $48.66, travel; Rushmore Office
Supplies, $480.72, sup; Sanitation Products, $259.87, maint; Fred Schmidt,
$30.00, other; SD Airport Conference, $50.00, travel; SD Redbook Fund, $31.00,
prof fees; Servall Towel, $319.75, sup; Sturgis Tire, $182.50, maint; Sturgis
Veterinary Hospital, $138.60, prof fees; Temperature Technology, $711.52,
maint; Two Wheeler Dealer, $54.97, sup; Joey Weiland, $60.00, sup; Steve Westbrook,
$60.00, other; Zylstra Body, $1,465.60, maint.
PARK – A&B Welding, $192.38,
sup; BHP&L, $31.70, util; Campbell Supply, $184.03, maint; Community Center
Department, $11.75, sup; Elan-City, $41.98, sup; Farmers Union Oil, $19.00,
maint; J&L Services, $19.00, maint; Johnston Hardware, $63.96, sup; Kinkade
Monument Co, $14,892.00, freedom site expenditure; Lynn’s Dakotamart, $8.17,
sup; MDU, $149.10, util; NAPA, $126.90, sup; National Arbor Day Foundation,
$25.00, other; Occupational Health Network, $139.83, prof fees; Party America
#701, $144.89, freedom site exp; Pennington Co Extension, $10.00, travel;
Powerplan, $296.91, maint; Prairiewave, $129.63, util; SD Federal Property
Agency, $30.00, sup; Town-n-Country Plumbing, $39.68, sup.
BRICK PROJECT – Elan, $31.10, sup;
Glover Investments, $1,400.00, publishing.
AMBULANCE SERVICE – Alliance
Medical, $1,088.75, sup; Crum Electric, $46.24, sup; DB Billing, $1,428.48,
prof fees; EMS Data Systems, $495.00, prof fees; Farmers Union Oil, $456.85,
sup; Golden West Technologies, $398.63, maint; Johnston Hardware, $43.99, sup;
NAPA, $102.10, maint; Owens Interstate Sales, $11.49, sup; Purchase Power,
$6.00, sup; Regional Health, $76.88, sup; Regional Home Medical Equipment,
$373.00, sup; Rockingtree Landscapes, $252.64, sup.
MAYOR’S RIDE – Robert Sharp &
Assoc, $591.10, publishing.
CAPITAL IMPROVEMENT – Brosz
Engineering, $1,642.60, cap imp; Heavy Constructors, $4,570.79, cap imp; Meade
Co Auditor, $2,837.93, principal; SD DOT, $56.00, cap imp.
CITIZEN CORPS POLICE GRANT – ABC,
$30.00, sup; Public Safety Equipment, $93.90, sup.
2003 SERIES REVENUE BOND – Rural
Development, $8,739.00, principal.
COMMUNITY PROJECTS – Birdsall Sand
& Gravel, $768.00, cap imp.
LIQUOR – BHP&L, $766.87, util;
Coca Cola, $369.50, pop for resale; Eagle Sales, $14,726.30, off sale beer;
Ecolab, $31.00, maint; Elan-City, $253.94, sup; Fisher Beverage, $4,466.58, off
sale beer; Johnson Western Wholesale, $11,991.33, off sale liquor; Lynn’s
Dakotamart, $12.68, sup; M&B Enterprises, $31.80, snacks for resale; MDU,
$97.65, util; Nash Finch, $70.49, other; Pepsi Cola, $341.20, pop for resale;
Republic Beverage Co, $4,747.88, off sale liquor; Servall Towel, $91.92, maint;
Wells Fargo Merchant Services, $7.50, other.
WATER SYSTEM OPERATIONS – BHP&L,
$1,063.69, util; Butte Electric, $183.60, util; Prairiewave, $78.89, util.
WASTEWATER FACILITIES – A&B
Business, $77.33, sup; A&B Welding, $155.22, maint; BHP&L, $2,236.49,
util; City of Belle Fourche, $28.21, other; Elan-City, $60.00, travel; Hills
Materials, $139.71, maint; Owens Interstate Sales, $5.09, maint; Postmaster,
$39.00, sup.
SANITARY SERVICE – BH Truck &
Trailer, $26.48, maint; City of Belle Fourche, $11,740.07, other; Elan-City,
$45.00, travel; Farmers Union Oil, $2,532.56, sup; Occupational Health Network,
$48.84, prof fees; Sturgis Tire, $607.45, maint.
RALLY – BH Rally & Gold,
$2,500.00, merch for resale; Coca Cola, $24.00, rent; Elan-City, $945.34,
travel; Farmers Union Oil, $41.27, sup; Motorcycle Events Assn, $2,952.00,
publishing; Outsource Solutions, $6,475.00, prof fees; Pamida, $18.57, sup;
Robert Sharp & Assoc, $499.20, sup; Rushmore Office Supplies, $18.37, sup;
Lisa Weyer, $10.00, travel.
DARE TRUST ACCOUNT – Fingerprint
CC CHILDREN’S FUND – Community
Center Department, $390.00, other.
This was the time set upon application for the
public hearing for a zoning variance for Derrick Linn,
Motion by Chaplin, second by Green & carried to
set a public hearing date of April 16, 2007 for a fence variance for Billy
Fields, dba Rosco’z, 976 Lazelle, to construct an 8’ privacy fence between
Rosco’z and BP Amoco (7 ft is allowed by ordinance).
This was the time set for the continued public
hearing on the proposed resolution of necessity for the
City Engineer Bob Kaufman advised that the street
committee had an alternate to remove the curb & gutter on the north side of
street, which would reduce the assessment by about $15/linear foot.
Patterson requested that it be noted the owners of
Terry Hermann was present and advised that she had previously
spoken on behalf of her aunt & uncle (the Parks), who are opposed to the
project. This was reiterated in the letter
that was received from them.
Roger Schieman again spoke against this project, as
well.
Patterson questioned why the developer would not be
required to provide for the entire project.
Kaufman advised that, in this instance, the developer
is responsible for improvements adjacent to their property. The proposed project is being requested as
allowed per State statute.
City Attorney Keith Smit further advised that what
Patterson is referring to is covered under the subdivision ordinance. However, the owner of
Jacobson questioned what the final estimated costs would
be for each of the landowners.
Kaufman advised Park would be assessed approximately
$21,200;
Motion by Patterson, second by Anders & carried
unanimously to deny the request for the proposed paving project.
This was the time set upon application for special
events licenses for the summer street dances to be held on June 9, July 7 &
July 27, 2007 on
This was the time set upon application for the
transfer of the retail (on-sale) liquor
license from the Nite Owl Lounge Inc,
This was the time set upon application for the
transfer of the retail (on-off sale) malt
beverage license from Sturgis Rally Land Co, LLC, dba The Knuckle Saloon,
Bill Cissell questioned what would happen to the Nite
Owl.
Dale Hansen, attorney for Key City Enterprises, LLC,
advised that the building would be put up for sale, which may or may not
include the beer license.
Motion by Chaplin, second by Patterson & carried
to approve the special events licenses for wedding receptions on May 26, 2007
and July 7, 2007. These are to be held
at the auditorium and to be served by the Oasis.
Motion by Green, second by Patterson & carried
to approve second reading of Ordinance 2007-09 – Ordinance Adding Title
13.04.04. The ordinance reads as
follows:
ORDINANCE 2007-09
REVISED
ORDINANCE AMENDING TITLE 13, Chapter
13.04
public safety
BE IT ORDAINED by the Common Council
of the City of
13.04.04: Reckless discharge prohibited
No person shall recklessly
discharge or shoot off any air gun, carbon dioxide gun or bow or use in a
reckless manner any of the aforementioned for any purpose such as throwing or
forcing air missiles or projectiles of any character within the limits of the
City.
Dated this 19th day of March 2007.
First
reading: March 5, 2007
Second
reading: March 19, 2007
Adopted: March 19, 2007
Published: March 31, 2007
Effective: April 21, 2007
Motion by Patterson, second by Green & carried
unanimously to approve second reading of Ordinance 2007-11 – Supplemental
Library Appropriations. The ordinance
reads as follows:
Ordinance No. 2007-11
AN ORDINANCE AMENDING ORDINANCE NO. 2006-20 ANNUAL
APPROPRIATIONS FOR THE YEAR 2007 OF THE CITY OF
BE IT ORDAINED by the Common Council of the City of
General Fund - Library
4110 Salaries $63,178.00
4120 OASI 6,325.00
4140 Retirement 1,947.00
4150 Insurance 4,496.00
4260 Supplies 6,060.00
4270 Travel 300.00
4280 Utilities 600.00
TOTAL $82,906.00
Adopted this 19th
day of March 2007.
First reading: March 5, 2007
Second reading: March 19, 2007
Adopted: March 19, 2007
Published: March 31, 2007
Effective: April 21, 2007
Motion by Green, second by Chaplin & carried to
approve the request of Christian Family Assembly of God church to hold “Kid’s
Zone” at
City Attorney Keith Smit advised that there had been
a couple of meetings between the Park Board & the hospital regarding their
plans for expansion. They have come to some
conclusions and the architect has redrawn the parking area so that the Nolin
& White Plater monuments would stay where they are and that most of the trees
don’t have to be moved. The Park Board
recommends approval of this project and will be working toward an amendment on
the current lease agreement that the city has with the hospital for this area.
Anders
introduced the following written resolution and moved its adoption:
RESOLUTION 2007 - 11
A RESOLUTION to impose a moratorium on the
construction and/or erection of
Whereas pursuant to
SDCL 11-4-1, the City is empowered to regulate and restrict the height, number
of stories, and size of buildings and other structures and the location and use
of buildings, structures, and land for trade, industry, residence, floodplain,
or other purposes; and
WHEREAS pursuant to SDCL 11-4-2, the City may regulate
and restrict the erection, construction, reconstruction, alteration, repair or
use of buildings, structures, or land located in its zoned districts; and
WHEREAS pursuant to SDCL 11-4-3, any regulations as
discussed above shall be made in accordance with a comprehensive plan; and
WHEREAS it is recognized in the City of Sturgis
Comprehensive Plan that it should be a goal of the City to prevent future land
use conflicts through proper guidance and control and the Plan recognizes that
service facilities such as utilities cannot be intelligently planned or
developed without property guidance and control; and
WHEREAS the City of Sturgis does not currently have an
ordinance nor does the Sturgis Comprehensive Plan provide for specific
regulations with regards to the construction and/or erection of
telecommunication towers; and
WHEREAS it is necessary for a moratorium to be opposed
for a period of ninety (90) days to allow the City time to appoint committees,
to evaluate the current public concern regarding the construction and/or erection
of telecommunication towers within the City limits and to specifically review
how erection and/or construction of said telecommunication towers affects the
appropriate planning and zoning regulations and ordinances currently in
effective which are consistent with the Sturgis Comprehensive Plan.
NOW THEREFORE be it resolved that a moratorium is
imposed for a period of ninety (90) days to allow the City to appropriately
evaluate the public concern surrounding the issuance of permits for the
erection and/or construction of telecommunication towers within the City
limits.
Dated this 19th day of March, 2007.
Published & Effective: March 31, 2007
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 Anders, second by Chaplin & carried to
approve the raffle request of Grace Lutheran Relay for Life. They will be raffling a hand-made quilt on
August 17, 2007.
Motion by Chaplin, second by Patterson & carried
to approve the raffle request of Meade Post 33 American Legion. They will be raffling ¼ side of beef and ½
side of pork on May 26, 2007.
Motion by Chaplin, second by Patterson & carried
to approve the statewide raffle request of Meade County Democrats. They will be raffling a variety of items on
June 23, 2007.
This was the time set to award the bid on the street
sweeper, which will be paid for out of Special Sanitation (no tax
dollars). The following bids were
received from Sanitation Products:
New & Unused 2007 Sterling Demo Unit 2006
Base Price $182,581 $172,380
Trade-In $ 20,000 $ 20,000
Motion by Chaplin, second by Anders & carried
unanimously to award the bid to Sanitation Products for the 2006 Elgin Eagle
demo unit in the amount of $152,380, after trade-in.
Motion by Anders, second by Chaplin & carried
unanimously to approve the 2006 annual report.
Motion by Anders, second by Chaplin & carried
unanimously to approve the following travel matters: Brent
Tungesvik & Steve Westbrook to 2007 National Conference Communication
Preparedness in Partnership in Collaboration through Citizens Corp, June 10-13,
2007,
Motion by Chaplin, second by
New Hires
a. Dean Sturzenbecher – Ambulance Paramedic Supervisor,
$30,000/yr, effective 4/2/07
b. Mike Petrocco – Class 102, $10.22/hr, effective 4/1/07
c. Leonard Dobyns –
d. Julie Stone –
e. Lyle Chase –
Wages
a. Larry Springer –
b. Albert Arsaga –
c.
d. Gene Lucas –
Volunteers
a. Chris Bergman – Parks, effective 3/15/07
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Susan Caldwell from Pizza Ranch questioned the
council on action taken on her sign variance request at the last council
meeting.
Finance Officer Sumption advised that the council
did not take any action on her request as, City Attorney Smit had brought to
the council’s attention that there is no place in the ordinances that allow for
a sign variance.
City Attorney Smit advised that he will contact the engineering/inspections
office and get then get back to her regarding an appeal on the building inspector’s
decision.
Motion by Chaplin, second by Anders & carried to
adjourn to executive session for the purpose of discussing a legal matter.
Motion by Anders, second by Chaplin & carried to
return to regular session.
Motion by
ATTEST: ___________________________ APPROVED:
______________________________
Pauline
Sumption, Finance Officer Pokey
Jacobson, Council VP