PROCEEDINGS OF THE STURGIS CITY COUNCIL – MARCH 20, 2006

 

The Common Council of the City of Sturgis met in regular session at 7:42pm on Monday, March 20, 2006 at the Sturgis Community Center.  Present:  Mayor Mark Zeigler, Alderpersons Terry Jensen, Arvid Meland, Sherry Scudder, Mark Chaplin, Pokey Jacobson, Steve Anders & Bev Patterson.  Absent:  Penny Green.

 

Mayor Zeigler reminded the council that TDG Communications would be making a Digital Sturgis presentation on Monday, April 3, 2006 at 6:30pm.  He also advised that Teri Bertness, who is conducting the wage study for the City, would be meeting with the Council at a work session on May 22, 2006 to discuss her results.  This will be held at 6:30pm and the location is yet to be determined.

 

Motion by Scudder, second by Anders & carried to approve the agenda as presented.

 

Motion by Chaplin, second by Meland & carried to approve the minutes of the March 6 & 13, 2006 council meetings with the following amendment to the March 6, 2006 minutes:  the name John Grisham should be replaced with John Christen.

 

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

            GENERAL FUND – Hersrud, $6,737.85, equipment.

            WATER SYSTEM OPERATIONS – Hersrud, $6,737.87, equipment.

            WASTEWATER FACILITIES – Hersrud, $6,737.87, equipment.

            SANITARY SERVICE – Hersrud, $6,737.87, equipment.

            GENERAL FUND – 2XL Corp, $149.96, sup; A&B Business, $91.30, maint; Megan Aker, $24.00, cc prog exp; Trent Aker, $64.00, cc prog exp; Amcon Distributing, $401.00, resale; Associated Supply, $916.24, maint; Avaya, Inc., $48.26, util; Best Business Products, $23.88, maint; BHP&L, $15,260.28, util; Colonel Brist, $20.00, travel; Shannon Butler, $30.00, other; Campbell Supply, $374.34, sup; Chain Saw Center, $319.85, maint; Bill Coacher, $60.00, cc prog exp; Coca Cola, $1,089.40, resale; Community Center Petty Cash, $3.39, cc prog exp; Curt Corey, $24.00, cc prog exp; Diesel Machinery, $247.13, maint; Elan-City, $5,220.95, sup; Elan-Fire, $440.44, sup; Energy Labs, $87.50, maint; Farmers Union Oil, $409.10, sup; Flowers by Rose, $28.00, sup; Freemotion Fitness, $4,381.00, sup; Gall’s, $492.43, other; Wymond Hall, $22.26, refunds; Home Depot Supply, $232.11, sup; HSBC Business Solutions, $64.99, sup; Jacobson First Western Ins, $357.00, ins; JB’s Computers, $141.00, maint; Dennis Johnson, $300.00, cc prog exp; Jay Johnson, $10.00, travel; Johnston Hardware, $65.11, sup; Robert Kaufman, $82.00, travel; Laboratory Corp of America, $23.00, prof fees; Lynn’s Dakotamart, $115.02, sup; Mike Maxon, $30.00, other; Meade Co Auditor, $892.68, util; Meade Co Times, $228.51, publishing; MDU, $11,859.56, util; NAPA, $979.65, sup; Randy Nohava, $10.00, travel; Pamida, $296.87, sup; Pet Giant, $20.98, sup; Prairiewave, $1,018.09, util; Larry Prince, $240.00, cc prog exp; Quill Corp, $36.68, sup; Ramaker, $450.00, maint; Alicia Ramsdell, $30.00, other; Rapid Delivery, $39.70, maint; Scott Rovere, $78.82, travel; Kyle Royer, $40.00, cc prog exp; Rushmore Office Supplies, $248.29, sup; Fred Schmidt, $30.00, other; SD Dept of Revenue & Regulation, $16.00, maint; SD Fire Chief’s Assoc, $65.00, other; SD Park & Recreation Assoc, $20.00, travel; Servall, $312.79, maint; Specialty Installation, $677.55, maint; Stern Oil Co, $31.68, sup; Dale Stoltman, $140.00, travel; Stoptech, $30.54, sup; Sturgis Regional Hospital, $158.00, other; Superior Lamp, $103.98, sup; Jennifer Therens, $106.00, refunds; Town-n-Country Plumbing, $13.68, sup; Two Wheeler Dealer, $203.30, sup; David Ulrich, $105.00, maint; Verizon, $1,296.82, util; Bob Walker, $250.00, group ins; Wegner Auto, $15,304.00, equipment; Joey Weiland, $30.00, sup; West River International, $48.45.

            PARK – BHP&L, $25.63, util; Campbell Supply, $164.47, sup; Elan-City, $105.10, sup; HSBC Business Solutions, $142.17, sup; Jim’s Auto Salvage, $185.00, maint; Johnston Hardware, $76.79, sup; Kick Start Travel Center, $71.95, sup; Meade Co Times, $53.66, pub; Menard’s, $57.90, sup; MDU, $219.18, util; NAPA, $64.05, maint; National Arbor Day Fdn, $25.00, other; Pamida, $4.49, sup; Prairiewave, $295.46, util; John Rasch, $20.00, travel; Rushmore Office Supplies, $5.18, sup; SD Arborist Assoc, $55.00, travel; SD Park & Recreation Assoc, $120.00, travel; Sign Express, $10.00, sup; Stan Houston Equipment, $63.82, maint; Sturgis Sawmill, $69.32, sup; Verizon, $44.91, util.

            BRICK PROJECT FUND – Glover Investments, $1,400.00, publishing; MQP Corporate, $512.03, publishing; Rally Dept Petty Cash, $11.25, sup.

            AMBULANCE SERVICE – DB Billing, $1,180.98, prof fees; Diesel Machinery, $112.12, maint; Farmers Union Oil, $435.42, sup; Mountain Plains Health Consort, $80.00, travel; Office Depot, $346.04, sup; Pamida, $31.95, sup; Regional Home Medical Equip, $210.00, sup; West River Audio-Visual, $74.50, sup.

            MAYOR’S RIDE – Pamida, $10.00, sup.

            CAPITAL IMPROVEMENT – Duffield Construction, $16,079.11, cap imp; Meade Co Auditor, $2,837.93, interest.

            2003 SERIES REVENUE BOND – Rural Development, $8,739.00, principal.

            LIQUOR – BHP&L, $722.53, util; Coca Cola, $236.50, resale; Eagle Sales of the BH, $7,083.25, off sale beer; Elan-City, $282.79, travel; Fisher Beverage, $2,753.67, off sale beer; Frito-Lay, $35.55, resale; Johnson Western Wholesale, $7,334.89, off sale liquor; Liquor Dept, $58.80, sup; Menard’s, $123.56, sup; MDU, $91.74, util; Nash Finch, $50.00, other; Pepsi Cola, $160.60, pop for resale; Rushmore News, Inc, $8.40, snacks for resale; Servall Towel, $87.82, maint; Sodak Distributing, $3,842.17, off sale liquor.

            WATER SYSTEM OPERATIONS – BHP&L, $203.94, util; MDU, $66.95, util; Prairiewave, $356.49, util; Verizon, $179.64, util.

            WASTEWATER FACILITIES – Aries Industries, $136.29, maint; Campbell Supply, $19.33, maint; CCP Industries, $556.42, maint; City of Belle Fourche, $28.49, other; Ferber Engineering, $16,476.29, cap imp; Flagler Trucking & Const, $841.50, maint; Hills Materials, $100.56, maint; Jim’s Auto Salvage, $7.50, maint; Robert Moser, $250.00, group ins; NAPA, $126.24, maint; SD Dept of Transportation, $1,000.00, other; USA Blue Book, $1,921.49, maint; Verizon, $134.18, util; Wells Plumbing, $56.82, maint.

            SANITARY SERVICE – American Engineering Testing, $8,303.64, prof fees; BH Truck & Trailer, $1,656.60, maint; Campbell Supply, $139.70, maint; City of Belle Fourche, $11,193.61, other; Elan-City, $46.85, travel; NAPA, $32.28, maint; Rapid Delivery, $14.96, maint; Street Dept Petty Cash, $6.00, other; Verizon, $44.91, util.

            RALLY – Coca Cola, $24.60, rent; DC Lamphere Studio, $1,200.00, sup; Elan-City, $3,615.17, travel; Fedex, $715.83, travel; Lynn’s Dakotamart, $39.17, sup; Outlaw’s Ltd, $26.00, sup; Outsource Solutions, $6,000.00, prof fees; Pizza Ranch, $20.98, sup; Prairiewave, $314.66, util; Rally Dept Petty Cash, $24.58, sup; Sturgis Community Center, $12.50, sup; Verizon, $46.21, util.

            TIF #8 ALLISON II – First Western Bank, $858.98, other.

            2003 SERIES REVENUE BOND – Rural Development, -$8,649.32, interest; Rural Development, $8,739.00, interest.

 

This was the time set to continue the public hearing for a zoning amendment for RIASH, LLC, 1855 Ballpark Rd., aka the S1/2S1/2NE1/4SW1/4 of Section 9, T5N, R5E and Lots 1 & 2 of the Cruickshank addition, to rezone the area from General Residential 2 to Office Commercial/Single Family Residential.  The Planning Commission approved this request.

 

Mayor Zeigler advised that the public hearing had been continued so that City Attorney Keith Smit could look at the issue of spot zoning issue.

 

Smit advised that spot zoning by itself is not necessarily illegal and that the council could consider this request.

 

Dan Roe, representing RIASH, LLC, advised that their intent was to just change their property & to not affect anyone else’s.  When they visited with the neighbors, they did not address changing anyone else’s zoning.

 

Motion by Chaplin, second by Jensen to rezone the Methodist Church property, excluding Johnson property, include the Cruickshank property, Bender property, Symonds property, Nancy Schmidt property & the Fire Department property.

 

Jade Temple advised that, if the council was going to expand the zoning amendment, that he would rather be rezoned, too, as it would give him more options for his property (the Johnson property).

 

Chaplin withdrew his motion and Jensen withdrew his second.

 

Motion by Patterson, second by Jacobson & carried unanimously to approve the requested zoning amendment as originally presented.  In the next two weeks, the council will determine if the other property owners would like to be included.

 

This was the time set upon application for the public hearing for the vacation of 5th Street right-of-way request from Meade County.  This has been described as Fifth Street Right-of-Way lying south of Main St. and north of Sherman St. and adjacent to Block 9 and Block 10, Original Town of Sturgis, City of Sturgis, Meade County, South Dakota.  The Planning Commission approved this request.  Motion by Patterson, second by Anders & carried to approve said vacation.

 

Motion by Patterson, second by Chaplin & carried unanimously to authorize the Street Department to assist in the preparation of the rodeo arena area at the Fairgrounds.  This would include hauling sand from Rapid City.

 

Bob Packer advised that, if timing were an issue, he could obtain sponsors as long as there was a commitment from the City that the area would be a permanent area for horses.

 

City Attorney Smit advised that he could not recommend the council doing that but he could do a reasonable use statement to that effect.

 

Nancy Kile appeared before the council to introduce the Bear Butte International Alliance.  She advised that they have concerns with the possible desecration of Bear Butte.  She also advised that there would be a gathering on April 4, 2006 and that the Alliance would be hosting a meal.

 

Motion by Meland, second by Chaplin & carried to authorize the closure of the 1400 block of Sherman St and a portion of 5th St to accommodate any crowd overflow attending the Meade County Commissioners meeting on April 4, 2006.

 

Motion by Anders, second by Patterson & carried unanimously to approve the special events licenses for the Jackpine Gypsies for races being held at the Fairgrounds on May 28 & June 25, 2006.

 

Chaplin introduced the following written resolution and moved its adoption:

RESOLUTION 2006-10

A RESOLUTION ADOPTING VOLUNTEER FIRE DEPARTMENT INCENTIVE PROGRAM

 

WHEREAS, the City of Sturgis in recognition of the services performed by the volunteer fire department desires to create an incentive program for the benefit of said volunteers.

 

            NOW THEREFORE the City of Sturgis does hereby adopt the volunteer fire department incentive program dated October 3, 2005, which is attached to this resolution as Exhibit A.  Said program shall be effective January 1, 2006 as pursuant to said incentive.

 

            Dated this 20th day of March 2006.

 

Published:  April 1, 2006

Effective:  April 21, 2006

 

EXHIBIT A

VOLUNTEER FIRE DEPARTMENT

INCENTIVE PROGRAM

OCTOBER 3, 2005

 

Beginning January 1, 2006 those volunteer firefighters who attend four (4) of the twelve (12) monthly department meetings; attend four (4) of the twelve (12) department training sessions and; obtain no less than twenty four (24) hours of verifiable department training annually, will be eligible for the Incentive Program offered by the City of Sturgis.

 

Exception:  Any volunteer firefighter whom is absent from three (3) consecutive department training sessions or meetings within any twelve (12) month time frame, shall not be eligible for the incentive program.

 

For the purpose of eligibility for this incentive program, each individual volunteer firefighter’s performance will be evaluated on the following dates of each year:

            January 1

            April 1

            July 1

            October 1

 

The evaluation will involve the previous twelve (12) months of individual performance as related to meeting attendance and training.

 

Quarterly the names of the volunteer firefighters whom have complied with the above regulations will be submitted to the Sturgis Water Department.  At such time the minimum fees for water, sewer & garbage will be waived until the next evaluation period.  Any fees above the minimum monthly billing of $10.00 for water, $9.00 for garbage and $23.00 for sanitation shall be bared by the individual.

 

Meland 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.

 

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 Patterson, second by Anders & carried unanimously to award the bids to the lowest bidder in each category that received a bid (*).

 

This was the time set to award the bid for the publishing of the Sturgis Motorcycle Magazine and the Calendar of Events.  The following bids were received:

                                                Magazine                    Calendar of Events

 

            State Publishing             $48,927                         $27,639

            Demco                         $44,588                         $24,806

            Quality Quick Print – bid received after deadline, could not consider

            Digital Brown – bid not sealed, could not consider

 

Motion by Chaplin, second by Scudder & carried unanimously to award the bid to Demco for the total amount of $69,394.

 

Meland introduced the following written resolution and moved its adoption:

RESOLUTION 2006-12

A RESOLUTION DECLARING PROPERTY SURPLUS

 

Parks:              2 Transformers

Switch Gear

 

Public Works:  1 Transformer

                                   

            BE IT FURTHER RESOLVED BY THE COMMON COUNCIL OF THE CITY OF STURGIS that the personal property described above is hereby declared no longer necessary, useful or suitable for municipal purposes.  It being advisable and in the best interest of the City to dispose of such personal property.

 

            Dated this 20th day of March 2006.

 

Published:  April 1, 2006

Effective:  April 21, 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 Chaplin, second by Scudder & carried unanimously to approve a loan from the sanitation fund to the parks fund in the amount of $185,000 for the down payment on the Woodland Trailer Park.  This is an interest-free loan.

 

Motion by Chaplin, second by Anders & carried unanimously to approve change order #1 with Duffield Construction, which is an increase of $6,079.11.

 

Motion by Meland, second by Jensen & carried to approve the mayoral appointment of Mark Chaplin to the Highway 79 Extension/Connector Route Committee.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the following salary matters:  Wages – a) Rickie Clausen & Nicholas Kuno – CC Aquatics, $.25/hr increase to $6.50/hr, effective 2/26/06; b) Tina Kunz, Patsy Lara & Jeremiah Martin – CC Fun & Fitness, $.25/hr increase to $6.25/hr, effective 2/26/06; c) Kyle Huffman – CC Front Desk, $.50/hr increase to $6.50/hr, effective 2/26/06; d) Albert Arsaga – Cemetery, $.25/hr increase to $8.25/effective 3/26/06; e) Henry Logar – Cemetery, $.25/hr increase to $7.50/hr, effective 3/26/06; f) Lawrence Hertel & Larry Springer – Parks, $.25/hr increase to $7.50/hr, effective 3/26/06; New Hires – a) Harvey Matz – Cemetery, $8.25/hr, effective 3/26/06; b) Lyle Chase – Parks, $8.25/hr, effective 3/26/06; c) Leonard Dobyns – Parks, $8.50/hr, effective 3/26/06; d) Austin Schlenker – Parks, $7.50/hr, effective 3/26/06.

 

OTHER MATTERS THAT MAY COME BEFORE COUNCIL

 

Rick Schmid questioned the progress on the project to pave the alley between Lazelle & Dudley streets from 1st to Junction.

 

City Engineer Bob Kaufman advised that this project had already been bid out and the project is scheduled for this spring.

 

Patterson advised that there were questions during the equalization boards regarding what constitutes a buildable lot, if the owner could rebuild if the structure needed to be torn down and what the time frame allowed would be.

 

City Engineer Kaufman advised that the lot had to be a minimum of 7,500 sq ft for a residence.  If something happened to an existing home (fire, etc), the owner could rebuild on the same footprint.  The owner would normally be given a year to complete rebuilding but the council could extend this if needed.

 

Motion by Chaplin, second by Anders & carried to adjourn the meeting at 8:23pm.

 

ATTEST: __________________________ APPROVED: _______________________________

            Pauline Sumption, Finance Officer                      Mark T. Zeigler, Mayor