PROCEEDINGS OF THE STURGIS CITY COUNCIL – JULY 30, 2007

 

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

 

Mayor LaRue led everyone present in the Pledge of Allegiance.

 

Mayor LaRue made the following announcements:

Ø      Street and Traffic control signs are not in place

Ø      The Sturgis Public Library had Magician Cody Landstrom perform for the end of the summer reading program which had 175 children and adults in attendance

Ø      The Sturgis Public Library is Hosting the South Dakota State Library Community meeting

 

Motion by Chaplin, second by Anders and carried to approve the agenda with deleting item #26 Special Events License for Infiniti Inc., 989 Lazelle Street, to be served by Sidehack Saloon.

 

Motion by Hersrud, second by Anders and carried to approve the minutes of the July 16, 2007 council meeting.

 

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

            GENERAL FUND – 2XL Corp, $227.73, sup; A&B Business, $126.63, maint; Avaya, Inc., $48.26, util; Baker & Taylor, $218.86, sup; BH Chemical, $358.29, sup; BH Mobile Extinguisher, $23.74, maint; BHP&L, $619.57, util; BH Technologies, $1,604.00, maint; BH.com, $250.00, maint; Birdsall Sand & Gravel, $986.13, sup; Borders, Inc., $139.92, sup; Jerry Burnham, $2,212.50, prof fees; Caselle, Inc., $480.00, sup; Century Business Products, $12.14, maint; Community Center Petty Cash, $4.38, cc prog exp; CQ Press, $237.00, sup; Crum Electric, $378.00, sup; Dakota Backup, $135.73, maint; Dakota Supply Group, $33.33, sup; Demco, $468.45, sup; Ecolab, $110.50, maint; Farmers Union Oil, $43.49, sup; Graphics Plus, $9.00, sup; Joanne Harmon, $32.00, travel; Hills Materials, $1,534.74, sup; Jacobsen Ford, $5.08, maint; Jerry Refrigeration, $85.00, maint; Johnston Hardware, $51.12, maint; League of Nebraska Municipal, $79.75, publishing; Lexisnexis, $47.25, sup; Meade Co Auditor, $954.77, util; MDU, $20.49, util; Morman Law Firm, $8,327.93, prof fees; Candy Morrell, $3,068.80, maint; Mountain Plains Health Consort, $25.00, travel; Northern Hills Sod Farm, $33.80, other; Nyacor #14, $29.99, maint; Pitney Bowes, $99.00, rent; Prairiewave, $2,008.54, util; Purchase Power-Finance, $200.00, sup; Quality Books, $61.54, sup; Alicia Ramsdell, $30.00, other; Rockingtree Floral, $15.00, other; RPM Machine Shop, $40.00, maint; Rushmore Office Supplies, $148.96, sup; Sam’s Club, $1,043.62, merch for resale; Short Construction, $785.40, other; Sturgis Business Alliance, $2,500.00, other; Sturgis Veterinary Hospital, $26.20, prof fees; Theatrical Services, $46.22, sup; Twilight First Aid, $114.60, sup; Western City, $168.00, publishing; wholesale Electronics, $21.08, maint; Zylstra Body, $1,228.15, maint.

            PARK – BHP&L, $414.74, util; Morman Law Firm, $36.00, prof fees.

            BRICK PROJECT FUND – Sam Erion, $4,322.76, prof fees; Hebron Brick, $3,810.80, merch for resale; Sam’s Club, $150.08, sup.

            LIBRARY BUILDING FUND – Demco, $175.48, lib furn; Gaylord Brothers, $101.92, lib furn.

            AMBULANCE SERVICE – Alltel, $15.28, util; BHP&L, $562.02, util; Dakota Backup, $12.49, prof fees; DB Billing Co, $744.19, prof fees; Regional Health, $351.92, sup; West River Electric Assoc, $20.66, util; Zep Mfg, $94.34, sup.

            MAYORS RIDE – BH Rally & Gold, $942.98, sup; Maury LaRue, $23.86, sup.

            SPECIAL SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $7,500.00, ind dev.

            CAPITAL IMPROVEMENT – J&J Asphalt Co., $26,538.60, cap imp.

            SPECIAL SANITATION – BH Chemical, $1,333.74, sup.

            LIQUOR – BH Rally & Gold, $529.50, merch for resale; Eagle Sales, $30,970.44, off sale beer; Fisher Beverage, $12,812.40, off sale beer; Frito-Lay, $41.02, snacks for resale; Heartland Paper Co, $160.88, sup; Johnson Western Wholesale, $29,741.69, off sale liquor; M&B Enterprises, $88.80, snacks for resale; Menard’s, $14.90, sup; Mobile Storage Group, $332.44, maint; Nash Finch Co, $45.00, other; Prairiewave, $194.83, util; Republic Beverage Co, $19,547.15, off sale liquor; Royal Publishing, $400.00, publishing; Sam’s Club, $185.14, sup; The Homeslice Group, $1,746.00, publishing; Valiant Vineyard, $1,471.20, off sale liquor; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – BHP&L, $8,053.04, util; MDU, $10.15, util; Candy Morrell, $380.25, maint; Prairiewave, $160.03, util.

            WASTEWATER FACILITIES – BH Technologies, $112.50, maint; Birdsall Sand, $65.63, maint; G&H Distributing, $238.90, sup; Mainline Contracting, $5,705.25, cap imp; Candy Morrell, $250.00, maint; Tech Sales Co, $1,106.62, maint.

            SANITARY SERVICE – Adams Machining, $528.37, maint; BH Technologies, $37.50, maint; Godfrey Brake Service, $1,890.21, maint; Inland Truck Parts, $58.34, sup; Jenner Equipment, $373.04, maint; Morman Law Firm, $72.00, prof fees; Candy Morrell, $250.00, maint; Newman Traffic Signs, $64.36, sup; Qwest Communications, $51.43, util; Westside Dismantlers & antique, $20.00, maint.

            RALLY – BH Harley Davidson, $51.60, maint; BH Rally & Gold, $2,845.00, merch for resale; BH Technologies, $1,775.00, maint; Birdsall Sand, $2,581.25, sup; Dakota Batter & Electric, $1,080.00, maint; Dakota Steel & Supply, $2,362.92, sup; El Paso Communication Systems, $3,627.24, sup; Gall’s, $173.46, maint; Jacobson First Western Ins., $2,526.63, insurance; Priscill Massey, $3,750.00, prof fees; Morman Law Firm, $3,798.00, prof fees; Candy Morrell, $250.95, maint; Officemax, $392.32, sup; Outsource Solutions, $32.88, sup; Pitney Bowes-Rally, $342.00, rent; Proline Custom Signs, $300.00, maint; Robert Sharp & Assoc, $1,202.50, sup; Rockingtree Floral, $108.00, sup; Rushmore Communications, $140.00, sup; Sam’s Club, $655.51, sup; Santangelo Law Offices, $474.10, prof fees; Tom[s T’s, $5,049.75, sup; Twilight First Aid, $265.51, sup; Two Wheeler Dealer, $160.87, maint; United Parcel Service, $25.11, maint; Woods, Fuller, Shultz & Smith, $211.84, prof fees.

            COMM CENTER CHILDRENS FUND – Community Center Youth, $50.00, other.

            TIF #2-BESTGEN – First Western Bank, $5,471.53, other.

            TIF #7-LEGNER – Wells Fargo-Sturgis, $17,386.58, other.

            TIF #8-ALLISON II – First Western Bank, $37,154.53, other

 

This was the designated time for committee reports:

v      Public Safety—Scudder reported budgets were worked on

v      Public Works—No meeting was held

v      Community Center—McVay reported budgets were worked on and that the Community Center was in dire need of a new roof

v      Liquor—No meeting was held

v      Legal and Finance—No meeting was held

v      Rally—Scudder reported that the bricks were installed July 16, 2007 and that the Fly Over was scheduled for August 7, 2007 at 2:00 p.m.

v      Park Board—Budgets were worked on

v      Planning Commission—Will be discussed later in meeting

v      Water Board—No meeting was held

v      Library Board—No meeting was held

v      Airport Board—No meeting was held

v      Governmental Change Committee—Approximately 27 applications were received

 

The Common Council adjourned and reconvened as the Board of Adjustments.  

 

Motion by Scudder, second by Chaplin and carried to approve the easement for encroachment for Kenneth Williams, 1620 Cedar Street.

 

The Board of Adjustments adjourned and reconvened as the Common Council for regular session.

 

Motion by Call, second by Hersrud and carried to approve second reading of Ordinance 2007-22 –Ordinance Amending Title 9, Chapter 9.04, Section 9.04.11 Fireworks.  The ordinance reads as follows:

ORDINANCE 2007-22

ORDINANCE AMENDING TITLE 9, CHApter 9.04, SECTION 9.04.11 fireworks

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current  TITLE 9, CHApter 9.04, SECTION 9.04.11 fireworks shall be amended as follows:

 

No person may sell or ignite any fireworks within the City limits, except as herein provided.

 

Any prohibition of fireworks use within the City shall not apply to any pyrotechnic professional igniting fireworks in conjunction with a valid fireworks display which complies with NFPA 1123 and as specifically authorized in writing by the Fire Chief and the City Council. 

 

Dated this 30th day o f July, 2007.

 

Motion by Hersrud, second by Usera and carried to approve second reading of Ordinance 2007-23 – Revised Ordinance Amending Title 33, Chapter 33.03 Section 33.03.03 Application Requirements (Wireless Cell Tower).  The ordinance reads as follows:

ORDINANCE 2007-23

REVISED ORDINANCE AMENDING TITLE 33, Chapter 33.03

SECTION 33.03.03 APPLICATION REQUIREMENTS

           

BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 33 Chapter 33.03 Section 33.03.03 APPLICATION REQUIREMENTS shall be amended to add the following section:

 

Q.        Documentation including registration number received from the Federal Communications Commission by the applicant verifying the Federal Communication Commission’s approval of the facility.

 

Dated this 30th day of July, 2007.

 

Motion by Scudder, second by Usera and carried to approve second reading of 2007-24 – Revised Ordinance Amending Title 33, Chapter 33.08 Section 33.08.02 Application Requirements (Wireless Cell Tower).  The ordinance reads as follows:

ORDINANCE 2007-24

REVISED ORDINANCE AMENDING TITLE 33, Chapter 33.08

SECTION 33.08.02 APPLICATION REQUIREMENTS

           

BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 3 Chapter 33.08.02 Section 33.08.02 APPLICATION REQUIREMENTS shall be amended to add the following section:

 

H.        Documentation including registration number received from the Federal Communications Commission by the applicant verifying the Federal Communications Commission’s approval of the facility.

 

Dated this 30th day of July, 2007.

 

Motion by Chaplin, second by Hersrud and carried to approve second reading of Ordinance 2007-25 –Revised Ordinance Amending Title 16, Chapter 16.06, Signs, Signals, and Traffic Control Devices.  The ordinance reads as follows:

ORDINANCE 2007-25

REVISED ORDINANCE AMENDING TITLE 16, Chapter 16.06

SIGNS, SIGNALS, AND TRAFFIC CONTROL DEVICES

           

BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 16 Chapter 16.06 SIGNS, SIGNALS, AND TRAFFIC DEVICES shall be amended to add the following sections:

 

16.06.07:  Reserved.

 

16.06.08:  Designation of One Way Streets

 

            The City Council may from time to time designate certain streets within the City for one-way traffic only.  Upon proper designation by the City Council, said streets shall be signed accordingly.  Any failure to obey the designated directions of travel shall be subject to the Penalty provision set forth in this Title.

 

Dated this 30th day of July, 2007.

 

Motion by Anders, second by Chaplin and carried to approve second reading of Ordinance 2007-26 – Ordinance Repealing Title 4 Electrical Regulations.  The ordinance reads as follows:

ORDINANCE 2007-26

ORDINANCE REPEALING TITLE 4 Electrical Regulations

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 4, Electrical Regulations, shall be repealed in its entirety.

           

Dated this 30th day of July, 2007.

 

Motion by Chaplin, second by Anders and carried to approve second reading of Ordinance 2007-27 – Ordinance Repealing Title 5 Plumbing Regulations.  The ordinance reads as follows:

ORDINANCE 2007-27

ORDINANCE REPEALING TITLE 5 PLUMBING Regulations

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 5, Plumbing Regulations, shall be repealed in its entirety.

           

Dated this 30th day of July, 2007.

 

Motion by Anders, second by Chaplin and carried to approve second reading of Ordinance 2007-28 – Ordinance Repealing Title 8 Emergencies.  The ordinance reads as follows:

ORDINANCE 2007-28

ORDINANCE REPEALING TITLE 8 EMERGENCIES

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 8, Emergencies, shall be repealed in its entirety.

           

Dated this 30th day of July, 2007.

 

Motion by Anders, second by Usera and carried with all members present voting yes to approve the Mayoral appointment of Fay Bueno as Finance Officer for the City of Sturgis at $47,000 a year.

 

Motion by Chaplin, second by Scudder and carried to accept with regret the resignation of Dale Stoltman and to authorize the police department to advertise for a Patrolman 103.

 

Motion by McVay, second by Hersrud and carried to approve the raffle request for Sturgis Center for the Arts & Sturgis Music Boosters to raffle a Stadium Blanket/Afghan.  Tickets will be sold by parents, students, and businesses Aug 21-Sept 21, 2007.  Drawing will take place Sept. 21, 2007 at Woodle Field. This raffle request was received July 16, 2007.

 

Motion by Scudder, second by Hersrud and carried to approve the raffle request from Sturgis Center for the Arts to raffle a Tony Hill Custom Guitar.  Tickets will be sold at the Sturgis Center for the Arts, 1100 Main, August 16 through September 16, 2007 with the drawing being held on September 16 at the Thunderdome.  This raffle request was received July 16, 2007.

 

Motion by Hersrud, second by Chaplin and carried to approve first reading of Ordinance 2007-29 Revised Ordinance Amending Title 16, Chapter 16.02 Regulations as to the Operation of Vehicles.

 

Motion by Hersrud, second by Chaplin and carried with all members present voting yes to approve first reading of Ordinance 2007-30 Revised Ordinance Replacing Title 24, Sturgis Industrial Expansion Revolving Fund.

 

Motion by Hersrud, second by Chaplin and carried to approve first reading of Ordinance 2007-31 Ordinance Replacing Title 27 Minimum Standards for Low Water Crossings within the City of Sturgis.

 

Motion by Hersrud, second by Chaplin and carried to approve first reading of Ordinance 2007-32 Revised Ordinance Replacing Title 29 Establishing an Emergency Response Team.

 

Motion by Anders, second by Chaplin and carried with all members present voting yes to authorize Mayor LaRue to sign an agreement with American Engineering Testing, Inc. to provide groundwater monitoring at the Sturgis Wastewater Irrigation site.

 

Motion by Chaplin, second by McVay and carried with all members present voting yes to authorize the City Engineer to advertise for bids for the replacement of the Community Center roof.

 

Motion by Hersrud, second by Scudder and carried to approve the temporary sign application from Jackpine Gypsies that will be used during the 2007 Motorcycle Rally.

 

Motion by Hersrud, second by Call and carried with Anders voting no to authorize open container for the Sturgis Business Alliance Street Dance during the Mustang Rally August 31, September 1 and 2, 2007.

 

Motion by Hersrud, second by Anders and carried to set a public hearing date of August 20, 2007 to appeal the decision of the Building Inspector (signage—Anna Street).

 

Motion by Chaplin, second by Anders and carried with all members present voting yes to approve the following salary matters:  New Hires:  Shea Lemmel, Thomas Nettleton, Vicky Heimer, Sarah Zimmerman.  Rally Community Center $8.00/hr, effective 8-1-07;  Wages:  Lawrence Hertel $.25/hr increase to $8.00/hr, effective Aug. 1-13, 2007;Gene Lucas & Julie Stone $.50/hr increase to $8.00/hr, effective Aug 1-13,2007;Gary Edwards, Wade Leatherman, and Sherri Adams $1.00/hr increase to $8.00/hr, effective Aug 1-13, 2007;Taylor Fernen $2.00/hr increase to $8.00/hr, effective Aug 1-Aug 13, 2007; Nick Kuno $.75/hr increase to $8.00/hr, effective Aug 1-13, 2007;  Volunteers:  Kari Stock—Parks, effective Aug 1, 2007; Brad Stock—Parks,    effective Aug 1, 2007.

    

ANY OTHER MATTERS THAT MAYCOME BEFORE THE COUNCIL

 

Councilman Hersrud informed the council that he will be walking around the next few months talking to the citizens of Sturgis to get ideas and suggestions concerning the motorcycle rally.

 

Councilman Scudder reminded the council of the rally schedule and encouraged them to attend as many functions as possible.

 

Councilman Usera reiterated that she did vote yes for the local raffles.

 

Marc Bishop requested the city consider placing signs at the corner of Baldwin and Harmon streets stating that this is a residential area with no outlet.

 

Fay Bueno thanked everyone for the welcome and stated she is looking forward to working for the City of Sturgis.

 

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

 

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

 

Motion by Call, second by Anders and carried to adjourn meeting at 9:00 p.m.

 

ATTTEST:_____________________________APPROVED:____________________________

                  Jeanie Shyne, Deputy Finance Officer                 Maury LaRue, Mayor