PROCEEDINGS OF THE STURGIS CITY COUNCIL

PROCEEDINGS OF THE STURGIS CITY COUNCIL – JUNE 18, 2007

The Common Council of the City of Sturgis met in regular session at 7:30 p.m. on Monday, June 18, 2007 at the Sturgis Community Center. Present: Mayor Maury LaRue, Aldermen Roger Call, Bernadette Usera, Tom Ferguson, Sherry Scudder, Mark Chaplin, Steve Anders and Jamie McVay. Alderman David Hersurd arrived at 7:50 p.m.

Mayor LaRue led everyone present in the Pledge of Allegiance.

Mayor LaRue made the following announcements:

Congratulations to the Chamber of Commerce for a successful Cavalry Days held at the City Park and at the City Auditorium
Kids Fishing Derby was a great success thanks to the Sturgis Volunteer Fire Department for stocking Lion’s Club pond
Congratulations to the Sturgis Regional High School Rodeo that was held at the Sturgis Fairgrounds
Sturgis Area Arts Council’s production of Brigadoon was held at the Community Center Theater
New gazebo at the Lion’s Club Park is now open and available for use
Library has received additional donations due to the open house
Reminder to residents to trim trees in alleyways to allow sanitation trucks to get through
Congratulations to Bill Cissell and Jason Gross for receiving first place awards for news reporting.

Bill Cissell wanted to thank Police Chief Jim Bush for returning a lost check to him. Mayor LaRue commended Bush and our Police Department on doing a fine job.

Motion by Scudder, second by Chaplin and carried to approve the agenda as presented.

Motion by Ferguson, second by Chaplin and carried to amend the June 4, 2007 minutes to read:

Motion by Anders, second by Ferguson and carried with Call abstaining to continue the public hearing for malt beverage license transfer from USA Chopper LLC to Boulder Canyon Bar and Grill LLC, 2695 Lazelle to June 18, 2007.

Motion by Chaplin, second by Anders and carried with all members present voting yes to approve the following claims:

GENERAL FUND – A&B Business, $107.11, maint A&J Surplus, $176.20, maint; Laurie Adkins, $78.00, cc prog exp; Amcon Distributing, $801.62, merch for resale; Associated Supply Co, $203.24, sup; Andrew Barff, $30.00, other; Bentz Equipment, $98.28, maint; Best Business Products, $21.45, maint; BH Chemical, $514.80, sup; BHP&L, $18,110.45, util; Brocks Outdoor Power, $18.60, maint; BSN Sports, $64.99, cc prog exp; Campbell Supply, $167.81, sup; CCI Solutions, $315.22, sup; David Chick, $97.50, cc prog exp; City of Belle Fourche, $22.40, prof fees; Coca Cola, $2,316.00, merch for resale; Community Center Petty Cash, $16.94, cc prog exp; Dakota Backup, $116.84, maint; Dakota Supply Group, $42.96, sup; Dakota Tree Spraying, $110.00, sup; Joyce Ehlers, $39.00, travel; Elan-City, $1,387.66, sup; Energy Labs, $35.00, maint; Executive Business Communications, $68.00, maint; Farmers Union Oil, $15,927.38, sup; Grimm’s Pump Service, $193.23, maint; Gunderson, Palmer, Goodsell, $200.00, prof fees; Hawkins Water Treatment Group, $151.86, maint; Hersrud, $202.58, maint; Hills Materials, $429.50, sup; Hillyard, $392.00, maint; Jacobsen Ford, $867.77, maint; Dennis Johnson, $97.50, cc prog exp; Johnston Hardware, $131.31, sup; Junek’s Service, $88.26, maint; Robert Kaufman, $20.00, sup; Liquor Dept, $267.75, cc prog exp; Meade Co Times, $13.66, cc prog exp; Meade Co Times, $361.88, publishing; Menard’s, $31.17, maint; MDU, $73.88, util; NAPA, $268.22, maint; Northwest Pipe Fittings, $24.20, maint; Occupational Health Network, $38.00, prof fees; Officemax Contract, $221.34, sup; OReilly Auto Parts, $125.17, maint; Owens Interstate Sales, $190.00, sup; Pamida, $174.28, other; Public Safety Equipment, $28.72, sup; Purchase Power, $200.00, sup; Alicia Ramsdell, $30.00, other; Rockingtree Floral, $75.60, sup; Rushmore Office Supplies, $506.14, sup; Sand Creek Printing, $217.50, sup; Sand Creek printing-Sturgis, $32.50, sup; SD Dept of Health, $10.00, prof fees; Servall Towel, $340.08, sup; Jeanie Shyne, $49.00, travel; Bernadine Steichen, $78.00, cc prog exp; Sturgis Tire, $14.45, maint; Sturgis Vet Hospital, $20.00, prof fees; Tom’s T’s, $13.00, sup; Town-n-Country Plumbing, $69.65, sup; Warne Chemical, $925.00, other.

PARK – Bentz Equipment, $307.27, maint; BHP&L, $46.25, util; BH Technologies, $227.50, sup; Birdsall Sand, $42.60, sup; Campbell Supply, $122.09, maint; Elan-City, $7.84, sup; Farmers Union Oil, $32.44, maint; Freeman Electric, $100.00, maint; Johnston Hardware, $6.39, maint; Lynn’s Dakotamart, $12.54, sup; MDU, $18.07, util; NAPA, $150.00, maint; Pamida, $21.79, sup; Rockingtree Floral, $2,128.78, other; SD Arborist Assoc, $90.00, travel; Summit Signs, $129.50, sup; Town-n-Country Plumbing, $14.28, sup.

BRICK PROJECT FUND – Glover Investments, $1,400.00, publishing.

LIBRARY BUILDING FUND – Elan-City, $-249.00, lib furn.

AMBULANCE SERVICE – Campbell Supply, $61.57, sup; DB Billing, $1,436.05, prof fees; Farmers Union Oil, $712.91, sup; Farmers Union-Union Center, $57.91, sup; Jacobsen Ford, $150.00, maint; NAPA, $41.38, sup; Owens Interstate Sales, $5.99, sup; Regional Home Medical Equip, $3,972.00, sup; Sand Creek Printing, $32.50, prof fees; West River Electric Assoc, $19.63, util.

CAPITAL IMPROVEMENT – Bierschbach Equipment, $285.00, cap imp; Birdsall Sand, $2,138.29, cap imp; Hills Materials, $1,567.86, cap imp; Meade Co Auditor, $2,837.93, principal.

LIQUOR – BHP&L, $887.78, util; Coca Cola, $473.00, pop for resale; Eagle Sales of the BH, $31.25, other; Johnson Western Wholesale, $37,286.98, off sale liquor; Lynn’s Dakotamart, $8.59, sup; MDU, $10.50, util; Nash Finch, $30.00, other; Pepsi Cola, $415.50, pop for resale; Prairieberry, $966.00, off sale liquor; Republic Beverage Co, $5,226.22, off sale liquor; S. Ellwein, $417.00, merch for resale; Servall, $136.98, maint.

WATER SYSTEM OPERATIONS – BHP&L, $824.66, util.

WASTEWATER FACILITIES – A&B Welding, $49.86, maint; A&J Surplus, $29.40, sup; BHP&L, $1,880.80, util; Campbell Supply, $134.84, maint; Chain Saw Center, $1,813.50, sup; City of Belle Fourche, $46.11, other; Hills Materials, $1,354.13, maint; Johnston Hardware, $63.72, rent.

SANITARY SERVICE – BH Truck & Trailer, $62.48, maint; Campbell Supply, $8.38, sup; City of Belle Fourche, $17,559.66, other; Farmers Union Oil, $2,221.88, sup; Johnston Hardware, $10.98, maint; Meade Co Times, $48.00, publishing; NAPA, $194.78, maint; Newman Traffic Signs, $50.68, sup; Occupational Health Network, $38.00, prof fees; Owens Interstate Sales, $205.79, maint; RDO Mack Sales, $405.46, maint; Rushmore Office Supplies, $391.17, sup; Sanitation Products, $1,090.78, maint; SD Dept of Health-Sturgis, $10.00, sup; Stern Oil Co, $2,684.75, sup.

RALLY – Birdsall Sand, $1,556.14, sup; Coca Cola, $24.00, sup; Elan-City, $294.30, sup; Farmers Union Oil, $62.43, sup; Johnson Hardware, $9.29, sup; Outsource Solutions, $6,570.65, prof fees; Robert Sharp & Assoc, $5,080.50, prof fees.

This was the designated time for committee reports:

v Public Safety Committee—Call reported that all of the committee minutes are available at City Hall if anyone wants to read the complete set of minutes. The Public Safety Committee met on June 12 and discussed proposed changes to the open container ordinance. Discussion was held with the Sturgis Business Alliance concerning the Mustang Rally. Traffic in the Bear Butte School area was discussed; this will be an ongoing discussion. Ron Koan presented his 2008 proposed budget; rally wages were discussed and a work session was set up.

v Public Works Committee—Call reported that this meeting was held earlier in the evening with the Mustang Rally again brought up. Discussion was held on the problem of speeding in the alleys. Some discussion was held about paving some of the gravel streets in town; no curb and gutter would be put in; this would mainly be a 4” mat. This will be an ongoing discussion.

v Community Center Committee—McVay reported that discussion was held on the proposed 2008 budget.

v Liquor Committee—Ferguson reported that the committee had gone over the proposed 2008 budget and that the Liquor Store was busy getting reading for the rally.

v Legal & Finance—Chaplin stated that they had met on Friday and discussed some Cobra issues along with a couple minor items.

v Rally Committee—Scudder stated that this committee will meet on June 28 at 7:00 p.m. in the upstairs meeting room. Pepper Massey is working and has given the Mayor a calendar of items that need to be addressed. Massey is also working on a fly over during the rally.

v Park Board—McVay reported that the board had toured the Palisades Park area; nothing was decided on this area until the board could visit with Mike Strain.

v Planning Commission—No report.

v Water Board—No report.

v Library Board—Usera stated that Julie Moore had information regarding the summer reading programs; over 300 children have now signed up in the youth summer reading program; story attendance last week was over 140 children; on June 27^th the teen reading program will be hosting Bruce Junek at the Community Center Theater; Lewis & Clark in South Dakota Tour is on display at the Library until the end of June.

v Airport Board—No report. Mayor LaRue stated that Councilman Hersrud attends the Planning Commission and the Airport Board meetings and he would be at the council meeting later if anyone has any questions concerning these two boards.

v Governmental Change Committee—Chaplin reported that at the last meeting they did get the job description out and that one application has been received.

v Motorcycle Museum—Call stated that interviews were completed and the new Interim Director is Marsha Dunsmore from the Rapid City and Four Corners, Wyoming area.

David Hersrud entered the meeting.

Motion by Chaplin, second by Anders and carried to set a public hearing date of July 16, 2007 for a zoning variance for Ross Dale, 1315 Spruce Street, to construct a garage with less than required rear and side yard setback, and to allow for a gravel pad instead of a concrete pad.

Motion by Chaplin, second by Anders and carried to set a public hearing date of July 16, 2007 for a zoning amendment for Abdullah Farrokhi, Ash’s Extension Block 18, Lots 13-24 to rezone from Residential 2 to Highway Service.

Motion by Chaplin, second by Anders with all members voting yes to approve the appointment of Suzanne Dardis as temporary Deputy City Attorney.

Motion by Chaplin, second by Anders with all members voting yes to adjourn to executive session.

Motion by Chaplin, second by Anders and carried to return to regular session.

This was the time set upon application for a public hearing for the retail (on-off sale) malt beverage license renewals for the year July 1, 2007—June 30, 2008 for Jay Allen dba Broken Spoke Saloon, Inc., 905 Lazelle Street. Motion by Chaplin and second by Anders to approve.

Call questioned if Mr. Allen was present.

Attorney Bryce Flint responded that he was not but that Flint was representing Mr. Allen.

Ferguson questioned why the council had not received Allen’s information prior to the council meeting.

Flint stated that he had just received the last part of the fax approximately one half hour before the meeting. Flint stated that he would have had this information to the council earlier if he had had it. Flint had been working with the Allen’s office in Arizona to get this information to the council.

Ferguson stated that it is difficult to make a decision when the council receives information 10 minutes before the meeting.

Flint stated that he understood Ferguson’s concern but there were unanticipated issues that came up; Flint felt it was necessary that the council have this information to reference to.

Chaplin voiced his concern over Allen’s late payment of the 5% malt beverage fee to the City.

Flint stated he was not aware of this issue but would visit with Mr. Allen concerning this.

Rick Schmid addressed the council stating that he felt the city needed to look at Jay Allen as a friend; someone who has been in business a long time and who is a definitive draw to the City of Sturgis. Allen has many old motorcycles that bikers come to look at. Schmid feels that Allen is innovative in the things he has done as far as business wise. Schmid doesn’t think finances should be a moral judgment. Schmid stated that the comment about the 5% tax, if you go one mile outside of Sturgis and those folks aren’t paying that tax while those in the city pay it day in and day out. Schmid doesn’t think it is right for the City of Sturgis to say that Allen can’t make a living.

Flint addressed the council that Allen had expanded for many years in Sturgis as well as Daytona Beach, Florida and Laconia, New Hampshire. Allen finally took on a little too much and had some trouble with his finances with the Sturgis County Line, which is not in the City. He had hired a contractor and a lot of things went wrong. There is legal action going on concerning this issue but Allen is liquidating property in Daytona Beach and Laconia. These will be finalized within the next month or two. Allen has been staying in contact with his creditors; Allen paid about $1.2 million towards that property already. The estimates that Allen owes now are less than $100,000 which he is making payment on. Allen has previously paid off five of the liens against him. Flint stated that Allen did have some cash flow problem but that does not mean he is not a person of good character. If Allen had neglected his debt, that would be another thing. Flint asked the council to approve the application for malt beverage license. Allen will be in town later in the week and would be available to visit with the council. Allen plans on spending the summer to personally take care of matters.

Lori Coon appeared before the City Council to state that she has been a friend of Jay Allen’s for 13 years. Coon stated that Allen has been an outstanding member of this community for 14 years; along with the benefits and the charities that he has put on to help this community. Coon also reminded the council that the Broken Spoke has been in Sturgis for the past 20 years; 14 of those years Jay Allen has owned it. Coon asked the council to approve Jay Allen’s malt beverage license.

Gene King, owner of King’s Construction, appeared before the council stating that he is one of the one’s that has a lien against Jay Allen. King is not asking the council to deny Allen’s malt beverage license. Allen does owe King approximately $37,000 plus interest but Allen asked King to take some motorcycles as collateral until Allen could sell his places at Daytona Beach and Laconia. King stated that he would work with Allen but it is hard to take a hit like this for a small business. King asked the council to not deny the license because he doesn’t want Allen to lose his business. King would like this issue tabled until Allen could resolve these issues to make everyone happy.

Hersrud questioned if this issue could be tabled.

Mayor LaRue responded that it could not be tabled because the City Council does not meet before the end of June; which by statute the license has to be approved or disapproved.

Anders questioned Flint if Allen had any mechanical liens or outstanding debts on the Broken Spoke.

Flint responded that to the best of his knowledge Allen did not have any outstanding debts for the Broken Spoke. Flint again stated that Allen owes less than $100,000, which he is hoping to pay off before the rally.

Hersrud questioned if Allen had indicated to Flint that he would sit down and talk things over with Mr. King.

Flint stated that Allen had told him he had visited with King Construction about the motorcycles and that they had discussed items that were in the original contract and also some add on items. Flint agreed that Allen and King need to sit down and finish discussing these issues.

Schmid stated that there had been other mechanic liens against other malt beverage license holder in the past and that those had never came before the City Council.

LaRue asked for any additional comments from anyone. There were none and the question was called for a vote on granting the malt beverage license for Jay Allen, Broken Spoke, 905 Lazelle St. Motion carried with Call abstaining.

This was the time set upon application for a public hearing for the retail (on-off sale) malt beverage license renewals for the year July 1, 2007—June 30, 2008 for Charleston Angderson dba Charley’s, 947 Main Street. Motion by Chaplin, second by Anders and carried with Call abstaining.

This was the time set upon application for a public hearing for the retail (on-off) sale malt beverage license renewals for the year July 1, 2007-June 30, 2008 for Mounib Aoun, 1321 Main Street. Motion by Chaplin, second by Anders and carried with Call abstaining.

This was the time set upon application for a public hearing for the retail (on-off) sale malt beverage license transfer from USA Chopper LLC – Wrigley Field Casino, 2695 Lazelle to Boulder Canyon Bar & Grill LLC, 2695 Lazelle. Motion by Chaplin, second by Ferguson and carried with Call abstaining.

Motion by Chaplin, second by Ferguson & carried with all members voting yes to approve the second reading of Ordinance 2007-13 – Zoning Amendment. The ordinance reads as follows:

ORDINANCE 2007-13

ORDINANCE AMENDING TITLE 18, Article III Zoning Districts and Map, SECTION 1 ESTABLishMENT OF ZONING DISTRICTS

BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 18, Article III, Zoning Districts and Map, Section 1 Establishment of Zoning Districts shall be amended as follows:

The single family residential/office commercial district shall be amended to add the following:

The North 91 feet of Lot 19, the North 91 feet and the West 3 of the South 65 feet of Lot 20, all of Lot 21 and the North 95.5 feet of Lot 22 in Block 2 of Fort Meade Addition to the City of Sturgis, Meade County, South Dakota

The South 60.5 feet of Lot 22 in Block 2 of Fort Meade Addition to the City of Sturgis, Meade County, South Dakota

Dated this 18 day of June, 2007.

First reading: June 4, 2007

Second reading: June 18, 2007

Adopted: June 18, 2007

Published: June 30, 2007

Effective: July 20, 2007

Motion by Chaplin, second by Anders and carried to approve first reading of Ordinance 2007-15 – Ordinance Amending Title 18 Article II Title 18.05.12 HS-1 Highway Service.

Motion by Chaplin, second by Ferguson and carried to approve first reading of Ordinance 2007-16 – Ordinance Amending Title 18 Article II, Title 18.05.13 FI-1 General Industrial.

Motion by Usera, second by Call and carried with all members present voting yes to approve first reading of Ordinance 2007-17 – Ordinance Adopting Title 33 Regulation of Wireless Telecommunications Facilities.

Motion by Anders, second by Chaplin and carried to approve first reading of Ordinance 2007-18 – Ordinance Repealing Title 18 Article V Section 8 Signs, Billboards and Other Advertising Structures.

Motion by Scudder, second by Ferguson and carried with Call abstaining to set a public hearing date of July 2, 2007 for a Wine License for Boulder Canyon Bar & Grill LLC. 2695 Lazelle.

Motion by Ferguson, second by Scudder and carried with Call abstaining to approve a special events license for the Sturgis Business Alliance for the Mustang Rally Street Dance on August 31, 2007 to be served by the Enning Fire Department.

Ferguson introduced the following written resolution and moved its adoption:

RESOLUTION 2007 - 19

RESOLUTION AUTHORIZING CLOSURE OF STREETS

FOR THE 1^ST ANNUAL MUSTANG CAR RALLY

WHEREAS the Sturgis Mustang Car Rally will be held in the City of Sturgis, August 30, 2007 through September 1^st, 2007; and

WHEREAS due to the great number of Ford Mustang cars in Sturgis, South Dakota, during this time, it would be in the best interest for the City of Sturgis and its citizens that a portion of Main Street in the City of Sturgis be designated for Mustang traffic only during this time and that parking restrictions be placed in effect adjacent to the Main Street area; and

WHEREAS it is necessary for portions of Main Street and First Street be closed to normal automobile vehicle traffic for Mustang event activities; and

WHEREAS a considerable number of organized Mustang events are held during the event and from the standpoint of public safety, the City Council has determined that a location should be set aside to safely facilitate allowing their events to begin at a place convenient to the participants and consistent with public safety, and it is necessary for a portion of Main Street and First Street be closed to normal automobile traffic.

NOW, THEREFORE, BE IT RESOLVED: That the 900, 1000, 1100 blocks of Main Street in the City of Sturgis, from its intersection with Middle Street to its intersection with Fourth Street, shall be closed to all traffic with the exception of Mustang traffic, during a time period from 2 a.m. on Saturday, August 31, 2007 to 2 a.m. on Sunday, September 1, 2007, and for such additional time if deemed necessary by the Chief of Police of the City of Sturgis and the city Council’s Public Safety Committee. At the Chief of Police discretion, the 1200 and 1300 blocks may be closed if needed for overflow parking of Mustangs participating in the Show and Shine on Saturday, August 31, 2007. The City Council of the City of Sturgis does hereby determine that it is necessary to close Main Street during the above time, in order to provide orderly traffic control and to ensure the safety of the citizens of the City of Sturgis and their guests. Only Mustangs shall be allowed on Main Street during the above time period with the exception of maintenance vehicles, law enforcement vehicles, and fire protection vehicles. Bicycles, skateboards, scooters, roller blades, and other similar conveyances shall not be allowed to use that portion of Main Street described during the above time period, as the presence of bicycles, skateboards, scooters, roller blades, and other similar conveyances present a safety hazard to pedestrians, motorcyclists, bicyclists and those riding skateboards, scooters, roller blades and other similar conveyances. A 14-foot fire lane for emergency vehicles shall be maintained throughout the closed area.

BE IT FURTHER RESOLVED that a portion of First Street, from the alley between Main Street and Sherman Street to Lazelle Street shall be closed to motor vehicle traffic at 2 a.m. on Saturday, August 31, 2007 to 2 a.m. on Sunday, September 1, 2007, for parking, event displays, and other rally activities to be determined by the Council. A 14-foot fire lane for emergency vehicles shall be maintained throughout the closed area. A four-way stop will be erected at Lazelle and First Street for pedestrian crossing from designated parking areas south of Lazelle Street to Main Street.

BE IT FURTHER RESOLVED that all vehicular traffic shall be allowed through said alley between Main and Sherman Street from Middle Street through Fourth Street; and that the alley between Main Street and Lazelle Street, shall be open to all vehicular traffic from said Middle Street through Fourth Street.

BE IT FURTHER RESOLVED that while all vehicular traffic is allowed in the above said alleys, no parking is allowed in this area except for strict adherence to loading and unloading vehicles as set forth in Ordinance Section 16.05.07 (L) of the Sturgis City Ordinances.

Dated this 18^th day of June, 2007.

Call duly seconded the motion for the adoption of the foregoing resolution. All those present voted yes and the resolution was declared passed and adopted.

Community Center Director Rod Heikes reminded the City Council that there is a wedding dance already booked at the auditorium for this same night.

Motion by Call, second by Ferguson and carried with all members voting yes to authorize Mayor LaRue to sign the renewal forms for the City of Riders two trademarks at $100 each.

Scudder introduced the following written resolution and moved its adoption:

RESOLUTION 2007 - 20

NONDISCRIMINATION POLICY STATEMENT RESOLUTION

Whereas in compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and other non discrimination authorities it is the policy of the City of Sturgis, 1040 2^nd Street, Suite 103, Sturgis, SD 57785 to provide benefits, services, and employment to all persons without regard to race, color, national origin, sex, disability/handicap, age or income status; and

WHEREAS no distinction is made among any persons in eligibility for the reception of benefits and services provided by or through the auspices of the City of Sturgis; and

WHEREAS all persons or organizations having the occasion either to refer persons to or recommend this facility/agency are advised to do so without regard to the person’s race, color, national origin, sex, disability/handicap, age or income status;

NOW THEREFORE be it resolved that if anyone has any concern regarding the provision of services or employment on the basis of disability/handicap they may contact our ADA/Section coordinator Bob Kaufman at 605-347-4424, and any questions concerning compliance may be directed to Maury LaRue, Mayor of Sturgis.

NOW THEREFORE be it further resolved that further questions or concerns may be directed to the following Sturgis City Council members: Mark Chaplin, Council President; Steve Anders, Council Vice President; Roger Call, David Hersrud, Sherry Scudder, Tom Ferguson, Jamie McVay, and Bernadette Usera. Contact may also be made with the Associate Administrator for Civil Rights, Office of Civil Rights, United States Department of Transportation, Federal Highway Administration, Southeast Federal Center, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone (202-366-1599).

Dated this 18^th day of June, 2007.

Anders duly seconded the motion for the adoption of the foregoing resolution. All those present voted yes and the resolution was declared passed and adopted.

Chaplin introduced the following written resolution and moved its adoption:

RESOLUTION 2007 - 21

ADA Grievance procedure resolution

WHEREAS no distinction is made among any persons in eligibility for the reception of benefits and services provided by or through the auspices of the City of Sturgis; and

NOW THEREFORE be it further resolved that complaints of discrimination in access to Services, Programs, and Facilities for persons with disabilities shall follow the following procedure: All Grievances should be in writing and contain as much information as possible about the alleged discrimination (i.e. name, address, phone number, location and description of the alleged incident, etc.). Persons wishing to file a grievance, or his/her designee, should submit the written grievance within thirty (30) calendar days of the alleged violation to the below address. Other arrangements for submission of a grievance (i.e. personal interview, large print or tape recording, etc.) will be made available for anyone requesting accommodation.

City of Sturgis

ADA Coordinator, Bob Kaufman, City Engineer

Engineering & Inspections Department

1040 2^nd Street, Suite 102

Sturgis, SD 57785

Phone 605.347.4424

FAX 504.347.9187

TTY____________

NOW THEREFORE be it further resolved that within thirty (30) calendar days of the receipt of the complaint, the ADA Coordinator or designee will respond in writing or other such method requested, (i.e. large print, audio cassette, or TTD) to the complainant or his/her designee. The response will offer a resolution or explain the position of the City with respect to the complaint.

NOW THEREFORE be it further resolved that if the response by the ADA Coordinator does not satisfactorily resolve the issue(s), the complainant or designee may request a hearing not later than fifteen (15) calendar days thereafter. A hearing will be held within thirty (30) calendar days of the date of such request before the Mayor of the City of Sturgis or designee at a location based on the specific complaint. Within thirty (30) calendar days of the hearing, the complainant or designee will receive final resolution in writing (or other acceptable form of communication). In addition the complainant will be informed of alternate avenues of redress available to the complainant.

Dated this 18^th day of June, 2007.

Call duly seconded the motion for the adoption of the foregoing resolution. All those present voted yes and the resolution was declared passed and adopted.

Motion by Chaplin, second by Anders and carried to table the raffle request for Opportunities for Independent Living for a 2007 Harley Fatboy to be sold at 990 Lazelle Street until the July 2, 2007 meeting.

Motion by Chaplin, second by Scudder and carried with all members voting yes to adopt the list of Volunteer Firemen kept by the Sturgis Volunteer Fire Department as the official list for worker’s Compensation purposes.

Motion by Ferguson, second by Call and carried with all members voting yes to approve hiring of Mark Castleman as the Liquor Store Assistant Manager at $25,000 annually.

Motion by Chaplin, second by McVay and carried with all members voting yes to approve an increase of the Community Center change bank for concessions.

Motion by Call, second by Chaplin and carried with all members voting yes to approve the following travel matters: Linda Lamb--Caselle Conference Oct 24 & 25, 2007 to be held in Salt Lake City Utah; Scott Rovere--South Dakota Building Officials Meeting, June 20 and 21, 2007 in Pierre

Motion by Anders, second by Chaplin and carried with all members voting yes to approve the following salary matters: New Hires: Police Rally Help—Temp. Rally/Team and Expo Leaders $15.00/hr;Reserve and Special Officers $14.50/hr;Secretarial and Food Service $10.00/hr; Office Help $8.00/hr;Expo Security $10.50/hr, effective July 26, 2007; Taylor Fernen—Parks, $6.00/hr, effective June 1, 2007; Rebekah Larson—CC Lifeguard, $6.25/hr, effective June 19, 2007; Rachel Moken—CC Lifeguard, $6.25/hr, effective June 19, 2007; Nolan Schneider—CC Lifeguard, $6.25/hr, effective June 19, 2007; Josh Harris—CC Lifeguard, $6.25/hr, effective June 19, 2007; Rebecca Clausen—CC Lifeguard, $6.25/hr, effective June 19, 2007 Wages: Mike Burshek—CC Custodial/Front Desk $.50 increase from $6.50/hr to $7.00/hr Volunteers: Matt Holder –Parks, effective 5-26-07; Mike Johnson – Parks, effective 5-26-07; Bob Packer – Parks, effective 5-26-07

OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL

Rick Schmid stated that he had been approached by Easter Seals for a location to hold their 2007 motorcycle raffle. Schmid doesn’t feel that his location is the best location for them and he questioned the City Council if the City had any property that they could be located on.

Mayor LaRue will contact the Rally Department to see if there is anything available on City property.

Jack Hoel questioned if an audit was done with the replacement of the Finance Officer.

Mayor LaRue informed Hoel that the city has gone through their regular state audit and everything in terms of the finance officer was fine.

Motion by Anders, second by Chaplin and carried to adjourn to executive session.

Motion by Chaplin, second by Anders and carried to return to regular session.

Motion by Anders, second by McVay and carried that the City Council recess to June 26, 2007 at 6:00 p.m. to the Lazelle Room at the Community Center.

Motion by Usera, second by Scudder and carried to amend the agenda to reflect that the City Council reconvene on said date as the Board of Appeals to deliberate the renewal of the contractor’s license of Thad Olson.

Motion by McVay, second by Usera and carried to recess.

ATTEST:_________________________APPROVED:________________________

Jeanie Shyne, Deputy Finance Officer Maury LaRue, Mayor