PROCEEDINGS OF THE STURGIS
CITY COUNCIL – APRIL 2, 2007
The Common Council of the City of
Finance Officer Pauline Sumption apologized for
giving out incomplete information regarding election signs and informed those
present that the advertising disclaimer does not apply to municipal elections,
as the City had not adopted an ordinance to that fact. Sumption further stated that the city
ordinances did require all election signs to be removed within 7 days of the
elections.
Mayor Jensen made the following announcements: a) the Library/Municipal Offices complex
would be holding its grand opening on May 4th from 2pm-6pm with the
sculpture unveiling at 2:45; b) the city/school election is on April 10 to
remember to vote; c) this was Finance Officer Sumption’s last council meeting; d)
a moment of silence was observed for our men & women serving in the
military.
Motion by Jacobson, second by Anders & carried
to approve agenda as amended with the executive session for personnel removed.
Motion by Patterson, second by Call & carried to
approve the minutes of the March 19, 2007
council meeting, the March 28, 2007 special council meeting and the March 19
& 20, 2007 Board of Equalization meetings.
Motion by Jacobson, second by Chaplin & carried
unanimously to approve the following wages, transfers & claims:
Wages
–Mayor and Council $6,416.64; Finance Office $15,904.27; Buildings $2,086.09;
Engineering $8,104.07; Police $59,406.33; Fire Department $5,307.58; Streets $13,718.73;
Street Cleaning $2,531.51; Cemetery $3,201.07; Community Center $25,549.40;
Library $18,602.53; Auditorium $508.95; Parks $17,385.22; Ambulance $13,472.16;
Liquor $6,551.23; Water $15,213.08; Wastewater $14,558.78; Sanitary Service $17,132.15;
Rally $10,209.76; Federal Withholding $20,905.79; FICA $37,694.74
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 – BHP&L, $1,168.69,
util; MDU, $700.33, util; Prairiewave, $2,003.43, util; Verizon, $1,253.87,
util.
PARK – BHP&L, $130.29, util; MDU,
$363.59, util; Verizon, $44.92, util.
AMBULANCE SERVICE – Alltel, $15.21,
util; BHP&L, $491.76, util; MDU, $497.32, util.
LIQUOR – Prairiewave, $193.76, util.
WATER SYSTEM OPERATIONS – BHP&L,
$3,937.29, util; MDU, $72.17, util; Prairiewave, $154.58, util; Verizon,
$114.35, util.
WASTEWATER FACILITIES – BHP&L,
$10.00, util; Verizon, $138.71, util.
SANITARY SERVICE – Qwest, $45.73,
util; Verizon, $89.30, util.
RALLY – Verizon, $44.94, util.
GENERAL FUND – Amcon Distributing,
$670.23, merch for resale; Armstrong Extinguisher, $239.67, maint; Associated
Supply Co, $57.41, sup; Avaya, $144.78, util; Baker & Taylor, $712.81, sup;
Andrew Barff, $60.00, other; Beechmont Press, $252.60, sup; BH Pioneer/Weekly
Pro, $93.40, sup; BHP&L, $680.31, util; BH Technologies, $990.00, maint;
Border States Electric, $539.72, maint; Jerry Burnham, $2,212.50, prof fees;
Rick Bush, $60.00, other; Century Business Products, $30.97, maint; City of
Sturgis Water Dept, $906.00, util; Council of State Governments, $58.50, sup; Dakota
Backup, $76.74, prof fees; Dakota Business Center, $131.00, sup; Dakota
Wireless, $54.98, maint; Diesel Machinery, $359.25, maint; Ebsco Subscription
Service, $44.00, sup; Elan-Fire, $197.30, travel; Energy Labs, $35.00, maint;
Environmental Products, $44.16, sup; Faith Independent, $27.00, sup; Farmer
Brothers, $81.34, merch for resale; Farmers Union Oil, $133.57, sup; Finance
Office Petty Cash, $36.00, sup; Fred Pryor Seminars, $99.00, travel; Freeman
Electric, $42.00, maint; Darrel Fritts, $30.00, other; Gaylord Brothers,
$218.61, sup; General Traffic Controls, $1,029.02, maint; Glaxosmithkline
Pharmaceutical, $253.50, sup; Hauff Mid-America Sports, $162.00, cc prog exp;
Heinemann Library, $151.46, sup; Hillyard, $491.99, sup; Home Depot Supply, $176.02,
sup; Jacobson First Western Ins, $693.00, ins; JB’s Computers, $60.00, maint;
Dennis Johnson, $240.00, cc prog exp; Robert Kaufman, $20.00, travel; Key City
Glass, $17.00, sup; Leaning Door Enterprises, $164.00, sup; Kristen Legner,
$75.00, cc prog exp; Meade Co Auditor, $948.97, util; Micro Solutions, $389.95,
maint; Midamerica Books, $102.40, sup; Morman Law Firm, $4,577.55, prof fees;
Candy Morrell, $3,068.80, maint; Neve’s Uniforms, $809.65, sup; Newman Traffic
Signs, $334.72, sup; Northern Hills Vet Clinic, $85.20, prof fees; O'Reilly
Auto Parts, $109.62, maint; Julie Peterson, $17.92, travel; Pitney
Bowes-Postage by Phone, $150.00, sup; Police Dept Petty Cash, $52.43, sup; Post
Prom Committee, $250.00, other; Prairiewave, $362.62, util; Larry Prince,
$240.00, cc prog exp; Progressive Business Publications, $255.60, sup;
Promaxima Mfg, Ltd, $295.00, sup; Quality Books, $1,987.39, sup; Quartermaster,
$213.95, sup; Quill Corp, $95.36, sup; Rhomar Industries, $536.80, maint; RPM
Machine Shop, $20.00, maint; Rushmore Communications, $93.50, maint; Rushmore
Office Supplies, $586.63, sup; Safety Benefits, $3,500.00, prof fees; Sam’s
Club, $380.00, merch for resale; Sand Creek Printing, $366.00, sup; Science
Fiction Book Club, $45.94, sup; SD Dept of Health, $20.00, sup; SD Federal
Property Agency, $120.00, sup; SD Magazine, $49.00, sup; SD Municipal League,
$55.00, travel; Sirche Finger Print Lab, $230.15, sup; Sturgis Community
Center, $50.50, other; Sturgis Veterinary Hospital, $10.00, prof fees; Tee’s Plus,
$944.69, other; Temperature Technology, $1,293.72, maint; The Knuckle Saloon,
$121.00, other; Value Line Publishing, $798.00, sup; Joey Weiland, $60.00, sup;
West Circle Books, $17.90, sup; West River Electric Assoc, $353.51, util;
Western Communications, $222.00, sup; Western Star, $117.49, maint.
PARK – BHP&L, $270.79, util;
City of Sturgis Water Dept, $135.00, util; Finance Office Petty Cash, $5.00,
freedom site expenditure; Morman Law Firm, $396.39, prof fees; Progressive
Business Publications, $51.12, sup.
BRICK PROJECT FUND – Hebron Brick,
$257.55, merch for resale; Sam’s Club, $176.01, sup.
LIBRARY BUILDING FUND – Childcraft
Education Corp, $229.99, library furnishing; Gaylord Brothers, $1,512.78, lib
furn; Paul Peterson, $1,400.00, lib furn; Rushmore Office Supplies, $1,649.99,
lib furn.
AMBULANCE SERVICE – Caboodle
Cartridge, $245.88, sup; City of Sturgis Water Dept, $42.50, util; DB Billing,
$826.93, prof fees; Elan-Fire, $63.30, sup; Prairiewave, $43.93, util.
MAYOR’S RIDE – Sam’s Club, $176.01,
sup.
SPECIAL SALES TAX – Chamber of
Commerce, $7,500.00, chamber; SIEC, $7,500.00,
CAPITAL IMPROVEMENT – SD Dept of
Transportation, $602.36, cap imp; Sturgis Volunteer Fire Dept, $12,612.00,
principal.
CITIZEN CORPS POLICE GRANT – Intl
Assoc of Emergency Manage, $650.00, travel.
CAPITAL PROJECTS – Ainsworth Benning
Construction, $18,223.00, cap imp; Geiger Architecture, $18,472.50, cap imp.
LIQUOR – City of Sturgis Water Dept,
$287.00, util; Eagle Sales of the BH, $8,339.45, off sale beer; Fisher
Beverage, $3,236.55, off sale beer; Frito Lay, $61.76, snacks for resale;
Heartland Paper, $214.28, sup; Johnson Western Wholesale, $2,660.00, off sale
liquor; Nash Finch, $45.00, other; Progressive Business Publications, $51.12,
sup; Republic Beverage Co, $2,807.17, off sale liquor; Rushmore News, $47.60,
snacks for resale; The Homeslice Group, $2,538.00, prof fees.
WATER SYSTEM OPERATIONS – BHP&L,
$1,492.11, util; City of Sturgis Water Dept, $51.00, util; Candy Morrell,
$380.25, maint; Progressive Business Publication, $51.12, sup.
WASTEWATER FACILITIES – Beechmont
Press, $506.66, sup; BH Technologies, $450.00, sup; Cretex Concrete Products
West, $216.00, maint; Hills Materials, $161.71, maint; Lawson Products, $75.31,
sup; Candy Morrell, $250.00, maint; Rushmore Communications, $94.35, maint.
SANITARY SERVICE – BH Technologies,
$412.50, maint; Elk Creek Conservation Dist, $100.00, sup; Morman Law Firm,
$60.00, prof fees; Candy Morrell, $250.00, maint; O'Reilly Auto Parts, $14.28,
maint; Progressive Business Publication, $51.12, sup; SD Dept of Health,
$10.00, prof fees.
RALLY – Fedex, $215.83, travel; Loud
American Roadhouse, $55.65, sup; Morman Law Firm, $2,838.00, prof fees; Candy
Morrell, $250.95, maint; Pitney Bowes-Postage by Phone, $400.00, sup;
Postmaster, $39.00, sup; Sam’s Club, $196.34, sup; SD Municipal League, $11.00,
travel.
This was the time set to continue the public hearing
for a zoning variance for Derrick Linn,
Linn advised that there were 6 detached garages
within 200 ft of his property. He
further advised that the garage would be 5’8” from the property line, which is
2 ft. more than he previously thought.
He has a steep driveway and can’t attach the garage due to the steep
rise; the interior design does not allow for an entrance into the house; the
current stairs & sidewalk would have to be removed; and the cost would
double. All of the neighbors have signed
off on this request. Linn advised that
his only option would be to make a smaller garage but that would not be
sufficient for their vehicles.
Joe DesJarlais, a Planning Commission member,
advised that he had missed the P&Z meeting that this was discussed at. However, he has taken the time to look at the
property. He requested a clarification
of how a hardship is defined.
City Attorney Keith Smit advised that a hardship
must be due to the geographical setting of the property (elevation, etc) and not
cost.
DesJarlais advised that he did not feel Linn should
be denied as it would be a bigger problem to attach the garage.
Green requested clarification as to if an attached garage
would not allow for an inlet into the home.
Linn advised that she was correct.
Motion by Green, second by Chaplin & carried to
approve said variance request.
This was the time set upon application for a public
hearing for a zoning variance for Billy Fields, dba Rosco’z, 976 Lazelle, to
construct a deck with less than the required side-yard setback. The Planning Commission had no recommendation
on this request.
Fields advised that he and Jason Fields wanted to
expand the existing deck to the west (to the existing chain link fence) because
it is currently dead space.
Green advised that the current ordinance would then
require a fence around the deck. Green
further advised that the Planning Commission wanted to see what type of changes
or conditions could be worked out. She
feels that a hardship does exist due to the BP property being higher than
Rosco’z.
Motion by Green, second by Chaplin & carried to
continue this public hearing until April 16th, 2007.
Keith Nelson & Ross Lamphere were present to give
a brief overview of the
This was the time set to award the bid on the 2-year
lagoon hay contract. The following bids
were received: Guy Casteel $4,000/year
Ron & Dean Johnson $3,600/year
Motion by Patterson, second by Chaplin & carried
unanimously to award the bid to Guy Casteel.
This was the time set to award the bid on a new
ambulance. The following bids were
received:
M&T Fire and Safety $137,256 or $146,968
MVP, Inc $130,066 or $139,237
Fire Guard $135,913 or no
alternate bid
Motion by Patterson, second by Anders & carried
unanimously to award the bid to Midwest Vehicle Professionals (MVP) in the
amount of $130,066 with an F series chassis.
They did authorize Fire Chief Ron Koan to purchase an ambulance with an E
series chassis if it becomes available prior to delivery.
Public Works Director Randy Nohava advised that the
demo street sweeper which was approved for purchase at the last meeting is no
longer available. Therefore, he
requested that the council award the street sweeper bid to Sanitation Products
in the amount of $162,581. This includes
a trade-in allowance of $20,000. Motion
by Chaplin, second by Anders & carried unanimously to approve said request.
Motion by Scudder, second by Chaplin & carried
unanimously to authorize to advertise for bids on printing of the 2007 SMR
Magazine and Schedule of Events.
Motion by Jacobson, second by Call & carried to
move the August 6, 2007 council meeting back to July 30, 2007.
Motion by Patterson, second by Chaplin & carried
unanimously to approve the 2-year cell phone contract with Alltel.
Motion by Anders, second by Chaplin & carried to
approve the destruction of old records, dating 2002 and prior. A complete listing of the records will be
maintained on file at City Hall.
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION 2007-12
Parks: Approximately 45 rolls
chain link fabric, various sizes & gauges
4 rolls woven wire
4 chain link gates, 10’
2 rolls ˝” cable
1953 Dodge Truck VIN 80052573
1957 International VIN M3168A
Public Works: 3 Ericsson Hand-held Radios
1 Vertex Hand-held Radio
1 Motorola Hand-held radio
2 GE Hand-held Radios
3 Single Ericsson Chargers
2 Single Yeasu Chargers
4 Single & 3 Double Motorola
Chargers
2 Single GE Chargers
1 Single Misc Charger
1 Single KPC Charger
5 Holsters
1
1 Standard Radio
1977 F700 Ford Dump Truck w/Sander
& Plow VIN F707VY52078
3-Sided tool Box for Pickup
Community Center: Carpet Shampooer
46 Toilet Paper holders
1 Wall Cabinet
1 HP 2500 Color Printer
3 Pool Heaters
2 Computers w/monitors &
keyboards
1 Computer Stand
3 Basketball hoops
Computer cables, mouse, etc
1 Organ
1995 Ford Crown
Police: 1995 Ford Crown
2
12 Holsters
6
1 Fanny Pack Holster
Police (To sell, trade or
give to other law enforcement agency):
M-26 P3-005969
M-26 P3-005066
M-26 P3-005965
M-26 P3-010131
M-26 P2-007936
M-26 P2-015311
M-26 P3-005912
M-26 P3-003963
M-26 P2-004882
M-26 P3-001472
M-26 P2-015316
M-26 P3-036774
M-26 P3-001726
Library: Round Oak Children’s Room
Table
Microfiche Reader Printer
Green Filing Cabinet
Smaller Dark Brown Table w/curved
legs
Record Storage Bin
Audio Visual Storage Cabinet
Book Drop Cart
Custom made check-out desk
cabinet
Folding wooden divider
6 Bookcases
2 Wooden Bookcases
19 Vinyl upholstered oak chairs
Oak Laminate Slant Top Children’s
table
2 Oak Study Carrels
3 Smaller oak library tables
Medium Oak Library Table
Larger Oak Library Table
Green metal microfilm cabinet
3-sidedcomputer desk
Assorted Children’s Room shelving with colored backs
Handmade Oak laminate desk
2 Vinyl upholstered easy chairs
Brown iron folding room divider
3 Small computer desks
Custom made newspaper storage unit
Large amount of steel library shelving
Kodak Instamatic 35mm-Camera, Stand & Carrying Case
Finance: 10 Ballot Boxes
Paper Shredder
2 Printer Stands
Plastic Floor Runners
6 Legal Paper Trays
Binder Dividers
2 Screen Magnifiers
5 Computer Monitors
4 Computer Hard Drives (to rubble
site)
Multiple Plastic Binders
In/Out Board
Bill Counter
Credit Card Machine
Police Scanner
Weather Radio
Curtains/Valances
Computer Peripherals
Legal-Size File Jackets
16 Disk Holders
10-key Calculator
2 File Card Drawers
Miscellaneous: 8 Doors
2 Couches (to landfill)
217 Bowls
283 Dinner Plates
339 Salad Plates
525 Teacup Saucers
150 “Bubble” Dinner Plates
54 Glasses
346 Sauce Dish
5 “Bubble” Little Plates
3 Soup Bowls
Council: Executive Chair
Christmas Decorations
Outdated SDCL Books
Old Council Table (to landfill)
BE IT FURTHER RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF
BE IT FURTHER RESOLVED that said surplus personal
property shall be offered for sale at public auction (unless otherwise
specified) on May 29, 2007 (or there about) at the Meade County Highway
Department three miles east of Sturgis, South Dakota, commencing at 10:00
am. Said auction to be held in
conjunction with
Dated this 2nd
day of April, 2007.
Published: April 14, 2007
Effective: May 5, 2007
Scudder 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.
Green introduced the following written resolution
and moved its adoption:
RESOLUTION 2007-13
RESOLUTION
STURGIS PUBLIC LIBRARY
WHEREAS there will be
a Grand Opening for the new Sturgis Public Library on May 4, 2007; and
WHEREAS it is
necessary for
NOW
THEREFORE BE IT RESOLVED
Dated
this 2nd day of April, 2007.
Published: April 14, 2007
Effective: May 5, 2007
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 & adopted.
Motion by Patterson, second by Chaplin & carried
to approve the raffle request of Easter Seals of SD. They will be doing a 50/50 raffle on August
11, 2007.
Motion by Patterson, second by Anders & carried
to approve first reading of Ordinance 2007-12 – Ordinance Amending Title
16.05.03 Parking or Stopping on Streets or Highways.
Motion by Anders, second by Patterson & carried
to authorize the mayor to sign the inspection report on the final for the
Library/Municipal Offices complex.
Motion by Chaplin, second by Jacobson & carried
to authorize the mayor to sign the warranty papers on the Library/Municipal
Offices complex.
Motion by Patterson, second by Anders & carried
to authorize the mayor to sign the certificate of substantial completion on the
Library/Municipal Offices complex.
Motion by Green, second by Anders & carried to
approve and authorize the mayor to sign the updated drug & alcohol testing
policy.
Motion by Chaplin, second by Anders & carried
unanimously to authorize advertising for temporary rally help.
Motion by Chaplin, second by Scudder & carried
unanimously to approve the travel of Scott Rovere to the SoDACE semi-annual
conference in
Motion by Anders, second by Chaplin & carried
unanimously to approve the following new hires: a) Rockney Crist – Mechanic 103, $11.10/hr, effective 4/3/07; b)
Cherise Wiley – CC Aquatics, $7.00/hr, effective 3/26/07; c) Jeremy Eckhart
& Kelsey Prosser – CC Front Desk, $6.25/hr, effective 3/26/07; d) Kathy
Bulau – Sanitation/Wastewater Secretary 101, $9.78/hr, effective 4/3/07; e)
Harvey Matz – Seasonal Cemetery, $8.50/hr, effective 4/2/07.
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Gary Lippold, representing Sturgis Bike Week,
Glencoe CampResort & Rockin’ the Rally, appeared before the council to
discuss a letter that he had received Friday afternoon, March 30, 2007. He had been working with Mayor Jensen & the
Sturgis Chamber of Commerce to resolve issues with the Chamber’s trademark. He agreed to remove the Sturgis Bike Week
advertising button on the Sturgis Motorcycle Rally website. In the letter he received, the advertising
ban is also expanded to Glencoe & Rockin’ the Rally. He feels this is a big mistake on the
council’s part. Lippold gave a brief
history on his attempts to purchase banner ads on the SMR website, as well as
information on who now occupies those spots.
He would like to know why he can’t be on the website but his competitors
can.
City Attorney Smit advised that this was a legal
issue that needed to be discussed with the council.
Lippold further advised that Chamber President Eric
Fowler had called him and advised that the Chamber had no problems with his businesses
other than Sturgis Bike Week advertising on the website. He also advised that he wants those
advertising buttons back and then he would continue in good faith to resolve
the trademark issue.
Motion by Chaplin, second by Jacobson & carried
to adjourn to executive session for the purpose of discussing a legal matter.
Motion by Green, second by Chaplin & carried to
return to regular session.
Motion by Green, second by Chaplin & carried to
adjourn the meeting at 9:07pm until Thursday, April 5, 2007 at 7am at City Hall
for a legal executive session.
ATTEST: _____________________________ APPROVED:
____________________________
Pauline
Sumption, Finance Officer Terry
Jensen, Mayor