PROCEEDINGS OF THE
STURGIS
The Common Council of the City of
Motion by Chaplin, second by
Motion by Chaplin, second by Scudder with all
members present voting yes to approve the following claims: GENERAL FUND – A&B Business, $159.67,
maint; A&B Welding, $43.94, sup; Amcon Distributing, $502.71, merch for
resale; Andrew Barff, $30.00, other; Bentz Equipment, $89.39, maint; Best
Business Products, $24.54, maint; BH Chemical, $916.73, sup; Birdsall Sand
& Gravel, $822.51, sup; Butte electric, $248.42, util; Campbell Supply,
$367.15, sup; David Chick, $117.00, cc prog exp; Coca Cola, $1,147.50, maint;
Crum Electric, $112.50, sup; Dakota Backup, $123.23, maint; Dakota Supply
Group, $132.06, sup; Ecolab, $305.00, maint; Elan-City, $318.26, travel; Energy
Labs, $35.00, maint; Farmer Brothers Co, $73.89, merch for resale; Farmers
Union Oil, $12,879.17, sup; Fedex, $19.04, sup; Finance office Petty Cash,
$36.14, sup; Flowers by Rose, $25.00, other;
PARK – A&B Welding, $92.40,
maint; Campbell Supply, $66.10, sup; Farmers Union Oil, $14.34, maint; Freeman
Electric, $324.77, maint; Heartland Paper, $205.78, sup; J&L Services,
$275.00, maint; Johnston Hardware, $2.82, sup; Lynn’s Dakotamart, $13.48, sup;
NAPA, $110.28, maint; Northwest Pipe Fittings, $333.41, sup; Occupational
Health Network, $88.00, prof fees; OReilly Auto Parts, $135.99, maint; Pamida,
$7.98, maint; Powerplan, $7.56, sup; Rockingtree Floral, $2,492.48, other;
Rockingtree Landscapes, $199.63, sup; Sand Creek Printing-Sturgis, $39.25, sup;
Sheet Metal Shop, $1,125.00, maint; Town-n-Country Plumbing, $40.52, sup.
BRICK PROJECT FUND – Elan-City,
$90.66, sup; Glover Investments, $1,400.00, pub; Midstates Printing, $576.80,
publishing.
AMBULANCE SERVICE – BH Chemical,
$213.32, sup; DB Billing, $221.47, prof fees; Ecolab, $45.00, maint; Farmers
Union Oil, $640.96, sup; Jacobsen Ford, $355.04, maint; Johnston Hardware,
$12.83, sup; Owens Interstate Sales, $6.14, sup; Pamida, $205.48, sup;
Prairiewave, $43.97, util; Regional Home Medical Equip, $530.00, sup; West
River electric Assoc, $19.91, util.
MAYOR’S RIDE – Elan-City, $74.00,
sup; Rushmore Office Supplies, $7.18, sup.
CAPITAL IMPROVEMENT – Brosz
Engineering, $19,892.50, cap imp; Campbell Supply, $49.72, cap imp; Foothills
Seed, $30.00, cap imp; Hills Materials, $1,109.77, cap imp; J&J Asphalt,
$238,847.35, cap imp; Meade Co Auditor, $2,837.93, interest; Northern Hills Sod
Farm, $364.00, cap imp; Summit Signs, $150.00, cap imp.
SPECIAL SANITATION – BH Chemical,
$12,997.50, sup; Finance Office Petty Cash, $13.00, sup; G&H Distributing,
$237.52, sup; TStoffel Productions, $50.00, special sanitation.
CITIZEN CORPS POLICE GRANT –
Elan-City, $754.35, travel; Neve’s Uniforms, $18.32, sup.
SALES TAX REFUNDING BOND, 2002 –
First Nat’l Bank in
2005 SERIES REVENUE BOND – Rural
Development, $9,773.00, interest.
LIQUOR – Coca Cola, $400.00, pop for
resale; Eagle Sales of the BH, Inc., $2,808.80, other; Ecolab, $31.00, maint;
Finance Office Petty Cash, $5.21, sup; Fisher
WATER SYSTEM OPERATIONS – Butte
Electric, $183.60, util; Elan-City, $249.99, sup; Finance Office Petty Cash,
$12.00, sup; Occupational Health Network, $58.00, prof fees; Sam’s Club, $23.16, sup.
WASTEWATER FACILITIES –
SANITARY SERVICE – Adams Machining,
$2,105.40, maint; Boyer Trucks, $61.50, maint; City of Belle Fourche,
$16,702.17, other; Elan-City, $51.01, travel; Farmers Union Oil, $2,186.40,
maint; Ferber Engineering, $379.10, prof fees; Great Western Tire, $-350.00,
sup; Lawson Products, $137.00, sup; NAPA, $34.74, maint; Owens Interstate
Sales, $682.09, maint; Powerplan, $328.19, maint; Rapid Delivery, $18.00,
maint;
RALLY – A&B Business, $57.19,
maint; Ace Hardware, $71.96, sup; Coca Cola, $43.50, sup; Elan-City, $233.15,
sup; Farmers Union Oil, $211.58, sup; Fedex, $43.96, sup; Finance Office Petty
Cash, $26.00, sup; Heartland paper, $105.24, sup; Insty Prints, $202.00, sup;
Lynn’s Dakotamart, $55.79, sup; Outsource Solutions, $6,475.00, prof fees;
Owens Interstate Sales, $6.99, maint; Piza Ranch, $22.98, sup; Public Safety
Equipment, $730.40, maint; Sand Creek Printing-Sturgis, $290.25, sup;
Santangelo Law Offices, $1,836.07, prof fees; Sirche Finger Print Labs,
$309.51, sup.
This was the designated time for committee
reports:
The Common Council adjourned and reconvened as
the Board of Adjustments.
This was the time set for the public hearing for
a zoning variance for Ross Dale,
This was the time set for the public hearing for
a zoning variance for Ross Dale,
This was the time set for the public hearing for
a zoning amendment for Abdullah Farrokhi, Ash’s Extension Block 18, Lots 13-24
to rezone from Residential 2 to Highway Service. Planning and Zoning denied. Abdullah Farrokhi
approached the Council to explain that he would like to clean up, pave,
landscape and develop the back lot.
Scudder questioned if it presently has grass. Farrokhi responded that it is a grassed in
area now, and they would like to put down asphalt. Farrokhi wants to use the area as a small
trade show during the motorcycle rally.
The church and neighbors would be able to use it as parking the
remainder of the year. Motion by Hersrud
to rezone said area from Residential 2 to Highway Service, second by Anders
with all voting no. Motion denied
Motion by Chaplin, second by McVay and carried
to approve a plat of lots 16A and 16B, Block 1 of Vernon Heights Estates II
Subdivision. Planning and Zoning
approved.
The Common Council adjourned as Board of
Adjustments and reconvened as the Common Council in regular session.
Motion by Anders, second by
Motion by Chaplin, second by Ferguson and
carried with Call, Chaplin, Ferguson, Hersrud, McVay, Scudder, and Usera voting
yes, and Anders voting no to approve the second reading of Ordinance 207-19 –
Ordinance Amending Title 13, Chapter 13.02, Section 13.02.09 Open
Containers. The ordinance reads as
follows:
ORDINANCE
2007-19
REVISED ORDINANCE AMENDING
TITLE 13, CHAPTER 13.02, SECTION 13.02.09 OPEN CONTAINERS
BE IT ORDAINED by the
Common Council of the City of Sturgis, Meade County, South Dakota, that the
current Title 13, Chapter 13.02, Section 13.02.09 OPEN CONTAINERS shall be
amended to read as follows:
13.02.09: OPEN CONTAINERS
No
person shall consume, mix or blend any alcoholic beverage with any other
beverage, regardless of whether such beverage is an alcoholic beverage, in any
public place excluding the property of the
No
person shall posses in any public place other than upon the premises of a
licensed on-sale dealer, any glass, can, bottle or other container, containing
an alcoholic beverage on which the seal has been broken.
No
person shall throw, cast or otherwise put in motion, any bottle, can, glass or
any other container, at any other person or vehicle, whether moving or parked,
or to dispose of or deposit any bottle, can, glass or other container upon any
street, alley, highway, sidewalk or park.
The
City Council may by resolution, after a duly noticed public hearing, close off
an area of a public street for special events.
In the event that any area of a public street is closed by resolution
duly passed by the City Council, said area shall not be construed as a “public
place” as that term is defined in Section 13.01.01 of this Title and the
restrictions upon open containers set forth in this Section shall not be
enforced within said area during the timeframe of closure set forth in the
resolution. The timeframe of the closure set forth in the resolution may not
exceed twenty four (24) hours, and the hours of authorized consumption shall
not exceed those permitted for on-sale licensees.
Any
person requesting the closure of an area of a public street may do so by making
application to the City Finance Office on a form to be provided by the City and
paying a fee of Fifty Dollars ($50.00).
Said application shall include and/or be accompanied by the following
information:
A. The applicant’s name, address and phone
number;
B. A detailed description of the area of
street the applicant is requesting be closed;
C. The date and time for which the
applicant is requesting closure; and
D. The purpose for which the closure is
being requested.
Upon
receipt of an appropriately completed application and fee, the Finance Officer
shall set a public hearing and give notice of the hearing by publishing notice
of public hearing in the official newspaper at least ten (10) days prior to the
date of the hearing.
Dated
this 16 day of July, 2007.
First
reading:
Second
reading:
Adopted:
Published:
Effective:
Motion
by Chaplin, second by Scudder and carried with all members present voting yes
to approve the second reading of Ordinance 2007-20 – Ordinance Amending
Ordinance No. 2006-20
Ordinance
No. 2007-20
AN ORDINANCE
AMENDING ORDINANCE NO. 2006-20 ANNUAL APPROPRIATIONS FOR THE YEAR 2007 OF THE
BE IT ORDAINED by the Common Council
of the City of
General
Fund – Police Department
4260 Supplies $125.00
Rally
Fund – Police Department
4260 Supplies—Radio
Upgrade $10,000.00
Adopted
this 16 day of July 2007.
First
reading:
Second
reading:
Adopted:
Published:
Effective:
Motion
by Anders, second by Chaplin and carried with all members present voting yes to
approve the second reading of Ordinance 2007-21 – Revised Ordinance Replacing
Title 2 and Title 26 Contractors’ Licensing and Construction Regulations. The Ordinance reads as follows:
ORDINANCE
2007-21
REVISED ORDINANCE REPLACING TITLE 2
BE
IT ORDAINED by the Common Council of the City of
TITLE
2
2.04: Licensing and Regulation of Construction
Contractors
2.05: Licensing of Electrical Construction
2.06: Licensing of Plumbing Construction
2.07: Licensing and Regulation of Building and
Structure Movers
2.08: Licensing and Regulation of Public
Excavations
2.09: Revocation
of Licenses
2.10: Fences
2.11: Erosion Control Regulations
2.12: Miscellaneous
2.13: Appeal Process
Chapter 2.01
GENERAL PROVISIONS
SECTIONS:
2.01.01: Scope
and Purpose
2.01.02:
Definitions for Title
2.01.03:
Penalty
2.01.01: SCOPE
The purpose of this Title is to regulate the building
of structures within the City and to provide minimum standards to safeguard
life or limb, health, property and public welfare by regulating and controlling
the design, construction, quality of materials, location and maintenance of all
buildings, streets, sewer and water mains within the City. The purpose of the Title also includes
setting forth the licensing requirements for certain contractors and adopting
certain uniform codes and regulations for guidance in the area of construction.
2.01.02: DEFINITIONS FOR TITLE
ASSISTANT BUILDING INSPECTOR: The Assistant Building Inspector shall be any
person appointed to assist the Building Inspector with his duties as provided
by this Title.
BEST
MANAGEMENT PRACTICES (BMP’S): Control measures which reduce or prevent
the discharge of pollutants (defined at
BUILDING CODE: The
specific Building Code whether it be uniform or international adopted by the
City of
BUILDING INSPECTOR:
The Building Inspector shall be any person appointed to perform this
duty as provided by this Title.
CLEARING: Any
activity that causes the removal of the vegetative surface cover.
CODES: The current adopted addition of codes and
ordinances adopted by the State of
CONSTRUCTION: The act of construction including but not
limited to, the rough framing, remodeling, shingling, siding, new construction,
concrete, alteration, addition, repair or erection of buildings or structures,
all construction required to possess a permit within the city.
CONSTRUCTION
STANDARDS: The City approves
specifications for the installation of streets, water, sewer and storm sewer
improvements within the public right of way or established utility easements.
CONTRACTOR:
Any contractor appropriately licensed as required by the City of
DRAINAGE
WAY:
Any channel that conveys surface runoff throughout the City of
ELECTRICIAN: Any person who is
licensed by the State of
EROSION
CONTROL
FINAL
STABILIZATION: The return of a construction site to a
finished condition in which all final improvements and vegetation has been
placed and are functioning as planned in accordance with the Storm Water
Pollution Prevention Plan and Erosion Control Plan submitted and approved for
the site.
FLAME
RETARDANT OR FLAME RESISTANT TARP: A
tarp that has a physical marking or tag attached to it which shows that the
tarp has been tested and declared flame resistant and/or flame retardant. Tarps not bearing this physical insignia
shall not be acceptable.
GENERAL RESIDENTIAL
CONTRACTOR: Any person who oversees
and/or participates in the act of residential construction and/or excavation on
property other than that owned and occupied by them as their primary residence
and who is responsible for the final product.
GRADING
PERMIT: A permit issued by the City of
MUNICIPALITY:
Wherever the word “municipality” is used in the Uniform Building Code,
it shall be held to mean the City of
NORMAL BUSINESS HOURS:
PERIMETER
CONTROLS: Erosion control measures that
protect neighboring properties from storm water runoff and sedimentation.
PERMANENT
STRUCTURE: A structure which is
established for 365 days a year and in compliance with the Building Code for
the occupancy, which is utilizing the structure.
PERMANENT
BARRIER: A wall or fence which has been
constructed as a permanent attachment to property and is a minimum 5’0” in
height and has openings which are no longer that 4” in either direction.
PERMANENT
BUSINESS: A place of business which is
in physical operation and open to the public at one stationary location for a
period of not less that 300 days a year and has a permanent State Sales Tax
License for said location.
PLUMBER: Any person who is
licensed by the State of South Dakota and the City to perform plumbing work which
includes but is not limited to gas piping, water and sewer piping, installation
of plumbing fixtures, including water heaters and reparation of piping or
plumbing fixtures.
RESIDENTIAL
SUBCONTRACTOR: Any person who is engaged
in the act of residential construction and/or excavation under supervision of a
general contractor on property other than that owned and occupied by them as
their primary residence. If the
subcontractor is not under supervision of a general contractor, the
subcontractor becomes the general contractor.
SD
DENR: South Dakota Department of
Environment and Natural Resources
STABILIZATION: The use of practice and methods that prevent
exposed soils from eroding including but not limited to grass, trees, sod,
mulch, or other materials which prevent erosion and assist the soil in the
retention of moisture.
STORM
WATER POLLUTION PREVENTION
TEMPORARY
BUSINESS: A place of business which is
in physical operation and open to the public at one or more location for a
period not exceeding 30 days and has a merchant’s license.
TEMPORARY
STRUCTURE: Any vending stand, reviewing
stand, canopy tent, awning, fence, or other miscellaneous structure which is
intended for use on a temporary basis.
TEMPORARY STORAGE BUILDINGS: Storage building not used for actual selling,
but for storage of goods and merchandise for retail or wholesale in conjunction
with a permanent retail or wholesale business.
WATERCOURSE: Any body of water including, but not limited
to, lakes, ponds, streams, and other bodies of water delineated by the City.
WATERWAY: A channel that directs surface runoff water
to a watercourse or to a public storm drain.
WATERS
OF THE STATE : All waters within the
jurisdiction of the state of South Dakota, including all streams, lakes, ponds,
impounding reservoirs, marshes, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private,
situated wholly or partly within or bordering upon the state, but not waste
treatment systems, including treatment ponds, lagoons, or treated water
distribution systems designed to meet the requirements of the Clean Water Act
other than cooling ponds as defined by 40 C.F.R.:423.11 (m) (July 1, 1991).
2.01.03: PENALTY
Any
violation of the provisions of this title is a Class 2 Misdemeanor punishable
by the maximum punishment set forth by the laws of the State of
In
addition to the general penalty as stated above, any cleanup required by the
City
for
the removal of mud tracked onto the street from the site, extra cleaning of the
storm sewers or drainage ways, etc., will be charged to the permit holder at a
rate of 1 and ½ times the normal equipment rates and labor rate for the
City.
Failure
to pay any applicable fees within thirty (30) days of said notice may result in
the revocation of any and all outstanding permits and licenses held through the
City.
In addition, any violation of the provisions of this
Title may result in the revocation, suspension, or refusal to issue any license
pursuant to any Section of the Title.
In addition, any person who commences any work toward
erecting or constructing a building or structure or causes any alterations to
an existing building or structure which requires a Building Permit under the
terms of this Title before obtaining the necessary permit shall be subject to
an addition fee, equal to the amount of the permit fee required by this Title.
SECTIONS:
2.02.01: Adoption of Building Code
2.02.02: Authority of Building Inspector to Prepare Manual
of Construction Guidelines
2.02.03: Additions, Alterations and Repairs
2.02.04: Maintenance
2.02.05: Historic Preservation
2.02.06: Alternate Materials and Methods of
Construction
2.02.07: Modifications
2.02.08: Tests
2.02.01: ADOPTION OF BUILDING CODE
The City of Sturgis hereby adopts, for the
purpose of establishing rules and regulations for the construction, alteration,
removal, demolition, equipment, use and occupancy, location and maintenance of
buildings and structures, including permits and penalties, Chapters 1 through
10 and Appendices E, G, H, J, K, M and P of the International Residential
Building Code and the International Building Code including Appendices C, E, F,
G, H, I and J, , being particularly the 2006 editions thereof, except such
portions as are herein deleted, modified, or amended. One copy of each of the codes with all the
amendments has been filed with the City Finance Office and the same are hereby
adopted and incorporated fully as if set out at length herein, and from the
date on which this ordinance shall take effect, the provisions thereof shall be
controlling in the construction of all buildings and structures therein
contained within the City.
2.02.02: AUTHORITY OF
BUILDING INSPECTOR TO PREPARE MANUAL OF
CONSTRUCTION GUIDELINES
The Building Inspector
shall be authorized to prepare and compile a manual containing guidelines for
compliance with this Title and the Building Codes adopted herein. One copy of said manual shall be available
for review at the Building Inspection Office.
Copies of the manual shall be available at the cost of the person
requesting said copy.
2.02.03: ADDITIONS, ALTERATIONS
Any additions,
alterations and/ or repairs to an existing nonconforming building, street and/or
utilities may be made without requiring the existing building, street or city
utilities to meet the provisions of this Title, provided that any addition,
alteration or repair conforms to the provisions in the manual for new
construction and does not make the existing installation unsafe.
2.02.04: MAINTENANCE
Any building, street
and/or City utilities shall be maintained in a safe and sanitary condition. All
devices or safeguards required by this Title or any other state law or City
Ordinance shall be maintained in conformance with this Title, and/or the law or
ordinance under which they where installed.
2.02.05: HISTORIC PRESERVATION
Any repairs, alteration
and additions necessary for preservation or continued use may be made without
conformance to the requirements of this Title, with authorization from the City
Council. City Council authorization is
conditional upon the following:
A.
Completion
of all requirements of SDCL § 1-19A-11.1;
B.
The
building or area having been designated by action of the legally constituted
authority of the jurisdiction as having special historical or architectural
significance;
C.
Any
unsafe conditions are corrected; and
D.
The
restored building or area will not be more hazardous, based on life, safety,
fire safety and sanitation regulations, than the existing construction.
2.02.06: ALTERNATE MATERIALS
The provisions of this
Title are not intended to prevent the use of other materials or methods of
construction not specifically prescribed by this Title, provided any alternate
has been approved and its use authorized by the Building Inspector. The City may require sufficient evidence or
proof be submitted to substantiate any claims that may be made regarding its
use. All alternate materials or methods
of construction must meet or exceed the requirements of this ordinance or the
applicable codes adopted by the City and the State of
2.02.07: MODIFICATIONS
When there are practical
difficulties involved in carrying out the provisions of this Title, the City
may grant modifications for individual cases upon receipt of a written request
and after a proper review has been completed by the Engineering and Inspections
Office with review and recommendations from the Public Works Committee and any
other committee or department of the City as directed by the City Council.
2.02.08: TESTS
Whenever there is
insufficient evidence of compliance with any provision of this Title or any
evidence that material or construction does not conform to the requirements of
this Title or to industry standards, the City may require tests as proof of
compliance to be made at the expense of the property owner and at no expense to
the City. All tests shall be made by an
approved agency and all reports shall become property of the City.
CHAPTER 2.03
SECTIONS:
2.03.01: Establishment of the Office of Building
Inspector
2.03.02: Authority of Building Inspector to Enforce
2.03.03: Right of Entry
2.03.04: Stop Orders
2.03.05: Liability
2.03.06: Cooperation of Officials and Officers
2.03.07: Building Permit Required
2.03.08: Application for Building Permit
2.03.09: Fees
2.03.10: Building Permit Issued
2.03.11: Expiration of Building Permit
2.03.12: Building Permit Must Be Posted
2.03.13: Certificate of Occupancy
2.03.14: Temporary Structure Permit Required
2.03.15: Requirements for Temporary Structures
2.03.16: Exempt Temporary Structures
2.03.01: ESTABLISHMENT OF THE OFFICE OF BUILDING
INSPECTOR
There
shall be designated by the City Council, a Building Inspector, who shall
perform those duties and hold such authority as herein set forth. The City Council may designate any number of
Assistant Building Inspectors that the Council may deem necessary to carry out
the duties of the Office of Building Inspection. The person designated as the “Sturgis City
Engineer” shall automatically be designated as an Assistant Building Inspector.
2.03.02: AUTHORITY OF BUILDING INSPECTOR TO ENFORCE
The Building Inspector
shall enforce all provisions of this Title.
The Building Inspector may request that the City Council appoint and
deputize any number of technical officers, deputy inspectors and other employees
as is necessary to assist the Building Inspector with enforcement of this
Title.
The Building Inspector
shall enforce all laws relating to the construction, alteration, removal and
demolition of all buildings and structures within the City.
The Building Inspector
shall make an examination of any and all plans and specifications for
structures to be built within the City, or alterations to be made in or upon
any existing structures which will materially change said structures, in order
to determine if said plans, specifications or alterations are in conformance
with this Title.
The Building Inspector
shall make an examination of all applications for building permits and shall
determine after said examination whether or not a permit should be granted to
such applicant.
The Building Inspector
shall have the authority to issue building permits after the completed
application has been determined in accordance with this Title, and after all
required fees have been received.
The Building Inspector
shall have the authority to deny issuance of any permit. Said denial may be based upon failure to
comply with any applicable provision of this Title, any Sturgis City Ordinance,
State law, Federal law, provision of any applicable Building Code or manual, or
based upon the general safety and/or welfare of the public.
The Building Inspector
shall have the authority to order the removal of any existing building or
structure which was unlawfully built or which in the opinion of the Building
Inspector is dangerous and/or a safety hazard to the public.
The
Building Inspector shall have the authority to require specific testing and
inspections in connection with the performance of construction work within the
City and to set forth specific testing and inspection requirements within the
Manuel of Construction Guidelines prepared pursuant to this Title.
The Building Inspector shall report every month to the City Council about the activity and matter of his/her office, and shall report at such oth