PROCEEDINGS OF THE STURGIS CITY COUNCIL – JULY 31, 2006

 

The Common Council of the City of Sturgis met in adjourned session on Monday, July 31, 2006 at 7:30pm at the Sturgis Community Center.  Present:  Aldermen Roger Call, Penny Green, Sherry Scudder, Terry Jensen, Pokey Jacobson, Mark Chaplin, Steve Anders & Bev Patterson.  Absent:  Mayor Mark Zeigler.

 

Jensen announced that former Mayor Cliff Linn had passed away this morning and the funeral service would be held on Wednesday, August 2, 2006 at 7:00pm at Believer’s Fellowship.  A moment of silence was observed for Mayor Linn and our troops.

 

Jensen further announced that budget hearings would be held at the Emergency Services Center on August 30, September 11 & 12, 2006 at 5:30pm.

 

Finance Officer Pauline Sumption advised that there would be a going away barbeque for the Zeigler’s on Friday, August 25, 2006 beginning at 5:30 at the City Park.  Everyone is invited to attend and the committee is looking for donations for this.

 

Patterson arrived.

 

Motion by Jacobson, second by Anders & carried to approve the agenda with the following change:  remove #17) Approve Special Events License for Post Office Reception to be held on August 6, 2006 at the Sturgis Motorcycle Museum and to be served by the Firehouse Saloon.

 

Motion by Anders, second by Chaplin & carried to approve the minutes from the July 17 & 24, 2006 council meetings.

 

Motion by Jacobson, second by Chaplin & carried unanimously to approve the following wages, transfers & claims:

Wages – Mayor and Council $6,365.35; Finance Office $15,595.15; Buildings $2,102.59; Engineering $7,847.64; Police $61,269.34; Fire Department $4,985.46; Streets $13,764.83; Street Cleaning $2,626.04; Cemetery $5,780.63; Community Center $27,658.74; Library $18,273.37; Parks $22,765.42; Ambulance $14,285.83; Liquor $7,743.84; Water $16,549.29; Wastewater $15,533.61; Sanitary Service $18,903.12; Rally $10,257.59; Federal Withholding $22,953.10; FICA $40,848.40

            Transfers Out - General Fund $33,998.50; Capital Impr $61,585.09; UDAG $2,500.00; Liquor $6,250.00; Water $3,333.33; Wastewater $26,575.00; Rally $6,250.00

            Transfers In – Parks $33,998.50; General Fund $12,500.00; Debt Service (303) $29,908.33; Debt Service (304) $41,888.42; Debt Service (305) $2,916.67; Debt Service (306) $3,333.33; Community Projects $13,446.67; Revolving Loan Fund $2,500.00

            Accounting Services Out – Sanitation $675.00; Wastewater $675.00

            Street Overlay Out – Sanitation $4,166.67

            GENERAL FUND – 54 Printing, $180.00, sup; A&B Business, $115.12, sup; Laurie Adkins, $273.00, cc prog exp; Avaya, Inc., $48.26, util; Baker & Taylor, $59.27, sup; BH Chemical, $381.03, sup; BH Jerkey Dist, $72.00, merch for resale; BHP&L, $837.09, util; BH Rally & Gold, $619.68, other; BH Technologies, $2,310.15, maint; Richard Borkovec, $78.00, cc prog exp; Century Business Products, $16.28, maint; City of Belle Fourche, $10.40, prof fees; Bill Coacher, $429.00, cc prog exp; Community Center Petty Cash, $3.39, cc prog exp; Council of State Governments, $58.50, sup; CQ Press, $138.75, sup; Data2 Corp, $253.27, sup; Demco, $138.73, sup; Dennis Supply, $177.75, other; Ecolab, $52.50, maint; Joyce Ehlers, $500.00, group ins; Farmers Brothers, $53.74, merch for resale; G&G Enterprises, $306.46, merch for resale; G & H Distributing, $29.86, sup; Government Finance Officers, $155.00, other; Darrel Hatzenbuhler, $20.00, travel; Hills Materials, $4,777.87, sup; Interstate All Batteries, $164.40, sup; Jacobsen Ford, $149.76, maint; Dennis Johnson, $78.00, cc prog exp; Lawson Products, $331.64, sup; Kristen Legner, $75.00, cc prog exp; Adam Martin, $52.00, travel; Meade Co Auditor, $1,037.72, util; Mid American Specialties, $431.80, sup; MDU, $97.36, util; Morman Law Firm, $6,171.78, prof fees; Candy Morrell, $2,800.00, maint; Northern Hills Vet Clinic, $326.70, prof fees; Office Depot, $161.47, sup; Pete Pi, Jr, $30.00, other; Prairiewave, $1,529.79, util; Public Safety Equipment, $89.90, sup; Quill Corp, $66.22, sup; Qwest, $228.59, util; Ray Allen Mfg Co, $148.85, sup; Regent Book, $40.72, sup; Rushmore Office Supplies, $48.10, sup; Rushmore Safety Supplies, $41.90, sup; Rustic Woodcrafts, $72.00, sup; Sam’s Club, $743.40, merch for resale; Fred Schmidt, $30.00, other; SD Dare Officers Assn, $15.00, other; SD Dept of Revenue, $80.00, other; SD Dept of Revenue & Regulation, $8.00, sup; SD Wildlife Federation, $20.00, sup; Sign Express, $10.93, sup; Speedy Lube, $74.69, maint; Sturgis Motorcycle Museum, $250.00, sup; Summit Signs, $168.00, sup; Superior Lamp, $644.00, sup; TDG Communications, $220.00, maint; Homeslice, $29.75, other; Knuckle Saloon, $75.00, refunds; Town-n-Country Plumbing, $88.34, sup; Verizon, $1,316.20, util; Joey Weiland, $150.00, sup; Steve Westbrook, $30.00, other; Western Communications, $113.00, sup; Woods, Fuller, Schultz, & Smith, $333.65, prof fees; Zep Manufacturing, $46.50, sup.

            PARK – Beulah Aaberg, $500.00, cap imp; BHP&L, $610.07, util; Carol Brady, $500.00, cap imp; Paul Frey, $500.00, cap imp; MDU, $11.98, util; Prairiewave, $126.69, util; Verizon, $45.07, util.

            BRICK PROJECT FUND – Hebron Brick, $7,620.45, merch for resale.

            AMBULANCE SERVICE – Alltel, $14.82, util; BH Chemical, $381.03, sup; BHP&L, $466.43, util; BH Technologies, $356.25, maint; DB Billing, $488.72, prof fees; Interstate All Batteries Center, $164.40, sup; Linweld, $137.53, sup; MDU, $20.10, util; Office Depot, $741.46, sup; Regional Home Medical Equip, $2,819.00, sup; Tom’s T’s, $936.00, sup; Western Communications, $113.00, sup; Zep Manufacturing, $46.49, sup.

            MAYORS RIDE – Image Sellers, $215.86, sup.

            SPECIAL SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $6,416.67, ind dev.

            CAPITAL IMPROVEMENT – BH Council of Local Gov, $2,500.00, cap imp; Brosz Engineering, $3,762.50, cap imp; Heavy Constructors, $38,647.02, cap imp; Morman Law Firm, $132.00, cap imp; Sacrison Paving, $40,304.54, cap imp; Town-n-Country Plumbing, $25.90, cap imp.

            SPECIAL SANITATION – Sanitation Products, $5,000.00, sup; Satellite Industries, $7,560.00, sup; Tom’s T’s, $664.49, sup.

            UDAG – SIEC, $2,750.00, ind dev.

            CAPITAL PROJECTS – Ainsworth Benning construction, $150,754.00, cap imp; Captain Clean, $1,487.80, cap imp.

            LIQUOR – BH Security & Systems, $216.00, maint; BH Winery, $186.00, off sale liquor; Eagle Sales of the BH, $18,289.13, off sale beer; Fisher Beverage, $12,098.62, off sale beer; Frito-Lay, $28.09, snacks; Jackpine Gypsies, $2,500.00, other; Johnson Western Wholesale, $23,413.67, off sale liquor; M&B Enterprises, $85.50, snacks for resale; Nash Finch, $45.00, other; Porta Storage, $262.00, other; Prairie Berry, $1,794.00, off sale liquor; Prairie wave, $190.90, util; Sodak Distributing, $17,923.19, off sale liquor; Sunridge Vineyard, $87.00, off sale liquor; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – BHP&L, $14,323.99, UTIL; MDU, $21.00, UTIL; Prairiewave, $339.79, util; Verizon, $180.28, util.

            WASTEWATER FACILITIES – BHP&L, $9.50, util; Ecolab, $20.00, prof fees; Kimball Midwest, $136.13, maint; Mainline Contracting, $57,239.16, cap imp; Rushmore Communications, $13.41, maint; Verizon, $90.14, util.

            SANITARY SERVICE – Iverson Construction, $84,719.50, buildings; Morman Law Firm, $120.00, prof fees; Qwest, $43.58, util; Sanitation Products, $182,423.00, equipment; Verizon, $89.59, util.

            RALLY – A&J Surplus, $157.33, maint; Ace Steel, $562.56, sup; Morgan Basker, $50.00, other; Dan’s Custom Wood Designs, $86.73, maint; Earhugger Safety Equipment, $341.00, maint; Executive Business Comm, $65.00, maint; Morman Law Firm, $2,751.59, prof fees; Outlaw’s Ltd, $518.59, other; Outsource Solutions, $54.48, sup; Paisano Publication, $2,617.00, publishing; Prairiewave, $199.80, util; Sam’s Club, $604.68, sup; Speedy Lube, $399.60, maint; Street Dept Petty Cash, $4.76, sup; Sturgis Harley Davidson, $13.00, other; Subway, $40.98, sup; TDG Communications, $1,500.00, prof fees; TG Tire & Exhaust, $425.65, maint; Homeslice, $3,503.08, sup; Knuckle Saloon, $48.93, sup; Tom’s T’s, $5,833.40, other; Verizon, $45.07, util.

            TIF #2-BESTGEN – First Western Bank, $5,691.74, other.

            TIF #8-ALLISON II – First Western Bank, $9,585.66, other.

            RALLY – Jackpine Gypsies, $5,000.00, city promotion.

 

This was the time set upon application for a public hearing for a zoning variance for Janet Bayless, 2326 S Fulton, to construct a garage extension with less than the required side-yard setback.  The Planning Commission approved this request.  Motion by Green, second by Call & carried to approve said variance.

 

Motion by Anders, second by Chaplin & carried to set a public hearing date of August 21, 2006 for a use on review for Wendy Eixenberger, 710 Lazelle, to operate a home daycare at this location.

 

Mike Derby from Caldwell Bankers Commercial advised that he is representing Mike & Vic LeVeque on the sale of properties along 20th Street.  These properties, which consist of approximately 19 acres, are being marketed nationally and internationally.

 

Derby advised that there still remains the issue of the flood plain in that area, which has to be disclosed to potential buyers of the property.  As the flood plain is mapped out now, there is a negative impact on the property.

Derby handed out a copy of an agreement that the LeVeques had with the City regarding a sediment basin to get the property out of the flood plain.

 

City Attorney Keith Smit advised that he will review the agreement and get in contact with Derby after that, as the current council was not a part of that agreement and is not aware of the conditions contained in said agreement.

 

Motion by Green, second by Call & carried to approve an amendment to Ordinance 2006-18 – Revised Ordinance Replacing Title 9 Fire Prevention and Regulation to change the wording on the dismissal of the Fire Chief/Assistant Fire Chief for cause by council as these are positions that are appointed by the Mayor.

 

Motion by Green, second by Chaplin & carried to approve the second reading of Ordinance 2006-18 - Revised Ordinance Replacing Title 9 Fire Prevention and Regulation as amended.  A complete copy of the new title is available for review at City Hall.

 

Motion by Chaplin, second by Anders & carried to approve second reading of Ordinance 2006-18 – Revised Ordinance 2006-19 – Revised Ordinance Amending Title 30, Chapter 30.04, Section 30.04.09 Video Signs.  The ordinance reads as follows:

ORDINANCE 2006-19

REVISED ORDINANCE AMENDING TITLE 30, Chapter 30.04, Section 30.04.09 Video Signs

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 30, Chapter 30.04. Section 30.04.09 Video Signs shall be amended to read as follows:

 

30.04.09:  VIDEO SIGNS

                                               

Permanent video signs shall only be permitted in General Commercial and Retail Commercial Districts.  Permanent video signs shall only be used as on premise signs. 

 

Persons may apply for a permit to be issued by the City Council for use of a video sign as a temporary sign during special events, including the Sturgis Motorcycle Rally. Said permission shall be requested in writing to the Finance Office at least ninety (90) days prior to the first day of the Sturgis Motorcycle Rally or other special event.   Temporary video signs may be conditionally allowed during the Sturgis Motorcycle Rally or other special event in General Commercial, Retail Commercial, and Highway Service Districts. 

 

In determining whether to issue a permit pursuant to this Section, the City Council shall consider traffic safety, the general safety of the public and any other concerns expressed by the Building Inspector or Sturgis Police Department.  The City shall have the authority to demand removal of any approved temporary video sign that is determined by the Chief of Police or Building Inspector to be a hazard to the safety of traffic or the general public or a public nuisance.

 

No permit shall be issued pursuant to this Section until the applicant has paid a permit fee of Six Hundred Dollars ($600.00).  In the case of removal of the temporary video sign by the City, said fee shall not be refunded.

 

Dated this 31st day of July 2006.

 

First reading:  July 17, 2006

Second reading:  July 31, 2006

Adopted:  July 31, 2006

Published:  August 12, 2006

Effective:  September 2, 2006

 

This was the time set to award the bid for the Strong Field Lighting project.  The following bids were received:

                                                Base Bid                      Alternate 1

Freeman Electric                      $296,500.00                $16,300.00

Muth Electric                           $234,816.00                $20,032.00

 

Motion by Chaplin, second by Green & carried unanimously to award the base bid to Muth Electric in the amount of $234,816.00 and to reject alternate 1.

 

Motion by Chaplin, second by Jacobson & carried to table the video sign permit refund request from Sheree Schriver at Jambonz.

Chip Footy appeared before the council on behalf of Jay Allen with the Broken Spoke.  They have requested a temporary sign request for a 3’x5’ LED sign/message board to promote the downtown Broken Spoke & the new Sturgis County Line.  Motion by Patterson, second by Anders & carried with Chaplin, Green & Call voting no to approve said sign request.

 

Motion by Chaplin, second by Green & carried unanimously to approve change order #4 for the Library/Municipal Offices complex.  This is an increase of $22,035.00.

 

Motion by Chaplin, second by Scudder & carried unanimously to approve the rally change banks.

 

Motion by Scudder, second by Chaplin & carried unanimously to authorize the Mayor to sign the right-of-way permit for Black Hills Power and Light.  This is to place a civil defense siren on the pole located at the south side water well.

 

Motion by Chaplin, second by Jacobson & carried unanimously to authorize the Mayor to sign the close out documentation for the Library EDI grant.

 

Chaplin introduced the following written resolution and moved its adoption:

RESOLUTION 2006-32

PROSECUTION OF ORDINANCE VIOLATIONS DURING THE 2006 STURGIS MOTORCYCLE RALLY

 

            WHEREAS the City of Sturgis, Meade County, South Dakota, is authorized by SDCL 9-14-23 to contract for or employ attorneys under such terms and conditions as the governing body shall deem necessary and proper; and

 

WHEREAS it appears necessary and in the best interests of the City to authorize the Meade County State’s Attorney’s Office to prosecute all actions or proceeding arising out of the violation of any ordinance of the City of Sturgis during the 2006 Sturgis Motorcycle Rally; and

 

WHEREAS the Meade County State’s Attorney’s Office has agreed to prosecute all actions or proceedings arising out of the violation of any ordinance of the City of Sturgis during the 2006 Sturgis Motorcycle Rally excluding therefrom any trials to the Court for unresolved actions; and

 

WHEREAS in the case an action is scheduled for trial, the City Attorneys shall take over prosecution of the matter and try the same to the Court; and

 

            NOW THEREFORE BE IT RESOLVED that the following individuals shall be deputized authorizing them to prosecute all actions or proceedings arising out of the violation of any ordinance of the City of Sturgis: Jesse Sondreal, Ken Chleborad, and Tracey Decker.

 

                              BE IT FURTHER RESOLVED that the individuals listed above shall be given a free membership to the Sturgis Community Center for a period of one (1) year;

 

                              BE IT FURTHER RESOLVED that the City Attorneys shall take over prosecution of any case that is scheduled to be tried to the Court.

 

            Dated this 31st day of July, 2006.

 

Published:  August 12, 2006

Effective:  September 2, 2006

 

Patterson duly seconded the motion for the adoption of the foregoing resolution.  All those present voted in favor of, with the exception of Green, who abstained, and the resolution was declared passed & adopted.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the following salary matters:  Wages – a) Todd Rittel, Shannon Heikes – CC Rally, $1.50/hr increase to $8.00/hr, effective 8/3/06-8/13/06; b) Adam Hosch, Tyler Jensen, Samantha Bartels, Jeremy Eckhart, Neile Hoops, Kelley Scherer, Zach Weyer, Cassie Amundson, Laben Clement, Veronica Grosek, Daniel Owen – CC Rally, $2.00/hr increase to $8.00/hr, effective 8/3/06-8/13/06; c) Kyndra Hovorka, Jessica Lauer, Chase Williamson – CC Rally, $1.75/hr increase to $8.00/hr, effective 8/3/06-8/13/06; d) Rickie Clausen, Mike Grosek, Nick Kuno, Kelly Lauer, Michael Owen, Mandy Goodro – CC Rally, $1.00/hr increase to $8.00/hr, effective 8/3/06-8/13/06; e) Robbie Clausen, Andrea Williams – CC Rally, $.75/hr increase to $8.00/hr, effective 8/3/06-8/13/06; New Hires – a) Regina Tobar, Bertha Proctor, Sue Regan, Cody Loftin, Sarah Zimmerman, Amber Larson, & Jen Loftin – CC Temp Rally, $8.00/hr, effective 8/3/06-8/12/06; b) Chris Meyers, Michelle Branning, Kevin Felder & Derek Lynn – Rally Inspectors, $10.50/hr, effective 2006 Rally; c) Larry Griffin, Bob Hood & Susan Hettich – Rally Inspectors, $9.50/hr, effective 2006 Rally; d) Randy Wagner – Rally Liquor, $8.00/hr, effective 2006 Rally; e) Bob Braun, Curt Hasart, Lynn Birk, 2 others – Rally EMS, $10.00/hr, effective 2006 Rally; f) Jeremy Deuter – Rally EMS, $8.00/hr, effective 2006 Rally; g) Brad Olson, Maury LaRue, Erick Haivala, Ron Conway, Kim Fisher, Dave Fischer, Heath Owens & Scott Hymans – Rally Fire, $10.00/hr, effective 2006 rally.

 

OTHER MATTERS THAT COME BEFORE COUNCIL

 

Jacobson advised that she had been questioned about charging 4% sales tax on the rental of the homes during the rally.  She just wanted it made known that the City is NOT assessing sales tax for home rentals.

 

Motion by Call, second by Chaplin & carried to adjourn to executive session for the purpose of discussing contract matters.

 

Motion by Green, second by Call & carried to return to regular session.

 

Motion by Anders, second by Chaplin & carried to adjourn the meeting at 8:25pm.

 

ATTEST: ______________________________ APPROVED: ___________________________

            Pauline Sumption, Finance Officer                              Mark T. Zeigler, Mayor