PROCEDDINGS OF THE STURGIS CITY COUNCIL – AUGUST 20, 2007

 

The Common Council of the City of Sturgis met in regular session at 7:30 p.m. on Monday August 20, 2007 at the Sturgis Community Center Theater.  Present:  Mayor Maury LaRue, Aldermen Steve Anders, Roger Call, Mark Chaplin, Tom Ferguson, David Hersrud, and Jamey McVay.  Absent:  Sherry Scudder and Bernadette Usera.

 

Mayor LaRue led everyone present in the Pledge of Allegiance.

 

 

Mayor LaRue made the following announcements:

Ø      A decommission ceremony and dedication of the Freedom Memorial was held on August 17, 2007 in recognition of the Armed Services

Ø      The Thrashing Bee was held on August 18 and 19 2007

Ø      The American Association of Motor Vehicles will be having a Black Shirt Banquet in Sturgis on August 21, 2007

Ø      A thank you goes out to the following businesses that have provided meals to the Volunteer Fire Department: Jambonz Grill, Pizza Hut, McDonalds, Subway and Taco Johns, Dairy Queen

Ø      A public forum will be held on September 18, 2007 at 7:00 PM  at the Community Center to discuss paving gravel streets that exist in the City

Ø      Public hearings for the 2008 Budget will be held on August 28, 29. 30, 2007 at 5:30 PM at the Fire Hall

 

Motion by Chaplin, seconded by Call and carried to approve the agenda with an addition of legal to executive session.

 

Motion by Hersrud, seconded by Chaplin and carried to approve the minutes from July 31, 2007 council meeting.

 

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

GENERAL FUND – A&B Business, $110.24, maint; A&B Welding, $15.00, sup; Laurie Adkins, $312.00, cc prog exp; Alltel, $765.08, util; Amcon Distributing, $757.44, merch for resale; Associated Supply Co, $2,625.65, maint; Atco Int’l, $138.00, sup; Andrew Barff, $60.00, other; Bentz Equipment, $35.63, maint; Best Business Products, $25.46, maint; BH Chemical, $3,406.36, sup; BH Elevator, $102.04, maint; BHP&L, $23,175.83, util; Mike Bock, $111.32, refunds; Richard C. Borkovec, $175.50, cc prog exp; Butte Electric, $240.36, util; Campbell Supply, $217.47, sup; Larry Carpenter, $50.00, other; Chemsearch, $171.50, sup; David Chick, $195.00, cc prog exp; City of Belle Fourche, $5.20, prof fees; City of Sturgis Water Dept, $1,846.50, util; City of Vermillion, $150.00, travel; Coca Cola, $12,057.50, merch for resale; Computer Shop, $4,775.00, sup; Dakota Backup, $16.44, prof fees; Decatur Electronics, $220.70, maint; Elan-City, $712.76, travel; Energy Labs, $35.00, maint; Executive Business Communications, $68.00, maint; Farmer Brothers Co, $197.32, merch for resale; Farmers Union Oil, $16,229.95, sup; Freeman electric, $49.24, maint; FSH Communications, $120.00, util; G&G Enterprises, $71.70, merch for resale; Gall’s Inc., $658.96, sup; Great Western Tire, $281.44, sup; Melissa Hadorn, $18.14, refunds; Darrel Hatzenbuhler, $36.00, travel; Heartland Paper, $272.56, sup; Heiman Fire Equipment, $308.25, sup; Hills Materials, $1,183.32, sup; Hills Septic Service, $155.00, maint; Wendy Howard, $50.00, other; Interstate All Batteries Center, $47.75, sup; Jacobsen Ford, $716.06, maint; Dennis Johnson, $175.50, cc prog exp; Johnston Hardware, $248.91, sup; Kickstart Travel Center, $58.79, sup; Mark Larive, $802.63, maint; Lexisnexis Matthew Bender, $191.55, sup; David McCarthy, $30.00, other; Meade Co Auditor, $11,585.77, other; Meade Co Times, $1,776.74, publishing; MDU, $1,393.38, util; NAPA, $153.43, sup; Neve’s Uniforms, $59.45, sup; Northern Hills Vet Clinic, $141.60, prof fees; Nyacor #14, $31.79, maint; Occupational Health Network, $38.00, prof fees; O’Reilly Auto Parts, $191.04, sup; Owens Interstate Sales, $493.04, sup; Pamida, $92.05, sup; Beverly Patterson, $20.00, refunds; Peterson Automotive, $293.40, maint; Pitney Bowes-Finance, $99.00, rent; Pitney Bowes-Fire, $38.63, sup; Pizza Hut, $101.81, sup; Police Dept Petty Cash, $41.25, other; Powerplan, $23.97, sup; Prairiewave, $604.89, util; public Safety Equipment, $402.75, maint; Purchase Power-Finance, $24.81, sup; Quill Corp, $16.99, sup; Rapid Delivery, $8.40, maint; Rockingtree Floral, $33.00, sup; Rushmore Communications, $176.71, maint; Rushmore Office Supplies, $396.09, sup; S. Ellwein, $240.00, sup; Fred Schmidt, $30.00, other; Gene & Patsy Schultz, $68.90, other public safety; Servall Towel, $316.67, sup; Bernadine Steichen, $156.00, cc prog exp; Sturgis Tire, $54.68, maint; Sturgis Upholstery, $150.00, maint; Superior Water, $792.48, maint; Tee’s Plus, $93.05, other; Temperature Technology, $960.87, maint; Thomson West, $289.00, sup; Tom’s T’s, $223.00, cc prog exp; Twilight First Aid, $26.25, sup; UPS, $18.30, sup; Vanway Trophy, $252.00, cc prog exp; West River Electric Assoc, $364.80, util; Steve Westbrook, $30.00, other; Western Powerwash, $112.50, sup; Justin Weyer, $30.00, other; Donald Whitehead, $30.00, other.

            PARKS – Alltel, $35.52, util; At Your Service Plumbing, $75.00, maint; BHP&L, $253.21, util; Campbell Supply, $61.82, sup; City of Sturgis Water Dept, $4,317.87, util; Crum Electric, $350.08, sup; Elan-City, $60.94, sup; Farmers Union Oil, $29.45, maint; Freeman Electric, $261.99, maint; Heartland Paper, $33.91, sup; J&L Services, $418.00, maint; Lynn’s Dakotamart, $3.87, sup; Meade County Title Co, $150.00, prof fees; MDU, $10.85, util; NAPA, $324.97, sup; Northwest Pipe Fittings, $202.60, sup; Owens Interstate Sales, $49.89, sup; Power House, $434.55, maint; Powerplan, $6.83, maint; Prairiewave, $139.05, util; RDO Financial Services, $144.29, maint; Rushmore Office Supplies, $109.98, sup; SD Federal Property Agency, $5.00, sup; Walco International, $17.75, sup.

            BRICK PROJECT FUND – Elan-City, $20.15, sup; Farmers Union Oil, $66.13, sup; Glover Investments LLC, $1,400.00, publishing; Hebron Brick, $60.60, merch for resale.

            AMBULANCE SERVICE – Alltel, $103.66, util; Boundtree Medical, $184.11, sup; City of Sturgis Water Dept, $110.50, util; Clia Laboratory Program, $150.00, prof fees; Crum Electric, $291.18, sup; Dakota Backup, $13.18, prof fees; DBH Billing Co, $1,049.04, prof fees; Elan-Fire, $131.90, sup; Farmers Union Oil, $859.72, sup; Farmers Union-Union Center, $83.33, sup; Gateway 2000, $1,390.00, sup; Interstate All Batteries Center, $47.76, sup; Johnston Hardware, $21.42, sup; Mark Larive, $802.63, maint; Medtronic, $105.80, sup; O’Reilly Auto Parts, $162.40, sup; Owens Interstate Sales, $135.35, sup; Peterson Automotive, $152.00, maint; Pitney Bowes-Fire, $38.62, sup; Prairiewave, $41.97, util; Regional Home Medical Equip, $1,110.00, sup; Sturgis Volunteer Fire Dept, $814.82, sup; Western Communications, $288.00, sup.

            MAYORS RIDE – AMA Insurance Dept, $410.00, ins; Beyond Basil, $650.00, sup; Diamond Limousine, $1,380.00, rent; Priscilla Massey, $45.62, sup; State Game Lodge, $4,083.75, sup; United Rentals, $2,125.00, rent.

            CAPITAL IMPROVEMENT – Brosz Engineering, $60,702.91, cap imp; Hills Materials, $1,770.40, cap imp; Meade Co Auditor, $2,837.93, interest.

            SPECIAL SANITATION – Eddies Truck Sales, $468.50, maint; Frontier Glass, $278.39, maint; Sanitation Products, $4,907.43, maint; Tom’s T’s, $546.75, sup.

            2003 SERIES REVENUE BOND – Rural Development, $8,739.00, principal.

            RURAL DEVELOPMENT-CITY HALL 2 – Rural Development, $8,958.00, interest.

            LIQUOR – BHP&L, $1,162.16, util; BH Rally & Gold, $201.00, merch for resale; BH Security & Systems, $216.00, maint; City of Sturgis Water Dept, $301.50, util; Coca Cola, $3,609.00, pop for resale; Eagle Sales of the BH, $6,169.25, off sale beer; Elan-City, $444.46, merch for resale; Fisher Beverage, $5,172.50, off sale beer; Frito Lay, $213.77, snacks for resale; Johnson Western Wholesale, $12,560.78, off sale liquor; Johnston Hardware, $87.99, sup; MDU, $10.85, util; Nash Finch, $30.00, other; Pepsi Cola, $1,821.00, pop for resale; Prairie Berry, $1,392.00, off sale liquor, Republic Beverage Co, $6,969.48, off sale liquor; Rushmore News, $9.32, snacks for resale; S. Ellwein, $1,112.60, merch for resale; Servall Towel, $91.32, maint; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – Alltel, $129.67, util; BHP&L, $1,055.60, util; Butte Electric, $247.72, util; City of Sturgis Water Dept, $51.00, util; Elan-City, $129.00, travel; Prairiewave, $79.03, util.

            WASTEWATER FACILITIES – Alltel, $137.12, util; BHP&L, $2,081.40, util; City of Belle Fourche, $36.58, other; Dakota Backup, $53.84, sup; NAPA, $45.36, sup; Owens Interstate Sales, $107.97, maint; Rushmore Office Supplies, $40.77, sup; Sanitation Products, $876.36, maint; SD Water & Wastewater Assoc, $140.00, travel.

            SANITARY SERVICE – Alltel, $26.63, util; American Engineering Testing, $2,770.50, prof fees; Bierschbach Equipment, $19.30, sup; Campbell Supply, $139.24, sup; City of Belle Fourche, $19,201.70, other; Diesel Machinery, $1,225.03, maint; Farmers Union Oil, $4,091.05, sup; Great Western Tire, $541.16, sup; Inland Truck Parts, $116.24, maint; NAPA, $534.10, sup; Owens Interstate Sales, $408.34, maint; Rapid Delivery, $16.80, maint; RDO Mack Sales, $119.09, maint; SD Solid Waste Management, $600.00, prof fees; Sturgis Tire, $40.00, maint.

            RALLY – Ace Hardware, $131.49, sup; Alltel, $410.31, sup; American Motorcycle Assoc, $39.00, travel; Tammy Bachand, $88.00, travel; Morgan Basker, $80.00, other; Ann Bertolotto, $50.00, other; Beyond Basil, $12,928.00, city promotion; Campbell Supply, $291.44, sup; Cash-WA Distributing, $105.90, other; CCP Industries, $552.76, sup; Chaffee-Bradley, $1,750.00, sup; Chain Saw Center, $40.80, sup; Chris Supply, $113.54, maint; Coca Cola, $19.50, sup; Communications-Applied Tech, $5,840.00, sup; Creative Graphic Services, $5,341.18, sup; Diamond Vogel Paints, $3,867.75, sup; Earhugger Safety Equipment, $451.00, maint; Earthgrains Baking Co’s Inc., $222.78, other; Joyce Ehlers, $60.00, other; El Paso Communication Systems, $1,136.62, sup; Elan-City, $527.47, sup; Farmers Union Oil, $176.86, sup; Fedex, $315.14, sup; Gall’s Inc., $212.81, maint; Godfrey Brake Service, $43.47, sup; Heartland Paper, $949.71, sup; Hillyard, $2,046.78, sup; HSBC Business Solutions, $866.16, sup; JJ Engraving & Sales, $14.00, sup; JB’s Computers, $140.00, util; Johnston Hardware, $202.67, sup; Kids & Chrome, $350.00, sup; Kimball Midwest, $306.31, sup; Knecht Home Center, $4.23, sup; Tyler Lamphere, $66.00, travel; Chuck Lauderdale, $132.00, other; Lawson Products, $215.97, sup; Lynn’s Dakotamart, $32.10, sup; Kim Mandel, $800.00, sup; Priscilla Massey, $222.09, travel; Meade Co times, $16.88, publishing; NAPA, $294.96, maint; Nancy Nelson, $50.00, other; Newman Traffic Signs, $1,353.52, sup; Officemax, $52.64, sup; O’Reilly Auto Parts, $25.27, maint; Outlaw’s Ltd, $215.71, other; Outsource Solutions, $6,504.07, prof pees; Owens Interstate Sales, $430.26, sup; Doug Pearson, $30.00, maint; Pony Expresso, $24.00, sup; Prairiewave, $1,669.78, util; Pry Me Radio Products, $330.25, maint; Purchase Power-Rally, $304.68, sup; PVP Communications, $49.13, maint; Rushmore Communications, $901.00, maint; Rushmore Office Supplies, $1,057.22, sup; SD Federal Property Agency, $12.50, sup; SD National Guard, $432.00, other; Servall Towel & Linen, $13.06, other; Jeanie Shyne, $60.00, other; Sturgis Harley Davidson, $13.00, other; Sturgis Volunteer Fire Dept, $383.64, sup; The Homeslice Group, $3,307.50, sup; UBC, $359.80, sup; UPS, $126.61, maint; US Foodservice, $3,380.39, other; Vanway Trophy, $338.00, maint; Brenda Vasknetz, $96.75, travel; Violet Vasknetz, $157.76, sup; Carolyn Weber, $800.00, sup; Western Communications, $105.40, maint.

 

This was the designated time for committee reports:

v      Public Safety—No meeting was held

v      Public Works—Chaplin announced the public forum on graveled streets being paved on September 18, 2007 at the Community Center theater

v      Community Center—No meeting  was held

v      Liquor—No meeting was held

v      Legal and Finance—No meeting was held

v      Rally—

v      Park Board—No meeting was held

v      Planning Commission—Two plat approvals

v      Water Board—No meeting was held

v      Library Board—

v      Airport Board—No meeting was held

v      Governmental Change Committee—Five candidates have been chosen and a video conference will be held on August 23, 2007 to narrow the choice down to three candidates

 

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

 

 

Moved by Hersrud, seconded by Chaplin and carried with all members voting yes

to approve the following resolution.

RESOLUTION 2007-26

RESOLUTION APPROVING PLAT

 

            WHEREAS, the statutes of the State of South Dakota require that plats of property within the City of Sturgis be submitted to the governing body for approval before the same are recorded in the Office of the Register of Deeds; and

            WHEREAS, Sturgis Industrial Expansion Corporation has presented to the Common Council of the City of Sturgis a plat of the following described real property:

 

Lot C4-A, Lot C4-B, C4-C and Lot C3 Revised, Including Dedicated Public Right-of-Way, Sturgis Industrial Park Subdivision, Formerly Lot C 3 and C4 of tract C, Sturgis Industrial Park Subdivision Located in the S1/2 of Section 6, T5N, R5E, B.H.M., City of Sturgis, Meade County, South Dakota

 

WHEREAS, said plat meets the requirements of the statutes in all things, now

therefore,

            BE IT RESOLVED by the Common Council of the City of Sturgis, South Dakota, that the within and foregoing plat is hereby approved.

 

            Dated this 20th day of August 2007.

 

Moved by Chaplin, seconded by Anders and carried with all members voting yes to approve the following resolution.

RESOLUTION 2007-25

RESOLUTION APPROVING PLAT

 

            WHEREAS, the statutes of the State of South Dakota require that plats of property within the City of Sturgis be submitted to the governing body for approval before the same are recorded in the Office of the Register of Deeds; and

            WHEREAS, Eugene W. McPherson and David R. McPherson have presented to the Common Council of the City of Sturgis a plat of the following described real property:

 

Lot 1 of Tract B of Lot BHP a Utility Lot, Schnell’s Addition, City of Sturgis, Meade County, South Dakota

 

WHEREAS, said plat meets the requirements of the statutes in all things, now

therefore,

            BE IT RESOLVED by the Common Council of the City of Sturgis, South Dakota, that the within and foregoing plat is hereby approved.

 

            Dated this 20th day of August 2007.

 

Motion by Chaplin, seconded by McVay and carried with all members voting yes to approve setting a public hearing date of September 17, 2007 for Shannon Vasknetz owner of lots 8 and 9B, Block 10, McMillians Southern Addition for a zoning variance for a side yard set back.

 

Motion by Anders, seconded by Chaplin and carried with all members voting yes to approve setting a public hearing date of September 17, 2007 for Chad Swanson owner of lots 5H-1, 5H-2, 5H-3, of Hurleys Addition for a zoning amendments to change the present zoning from R-1 to R-2.

 

This was the time set for the public hearing on an appeal filed by Jim Allison contesting the decision of the Building Inspector to grant a sing permit to Mission @ The Cross, Richard Headrix.  Bryce Flint, attorney, appeared with Mr. Allison and argued that the entire cross should be considered a sign and not a supporting structure for the attached LED sign.  Another concern from the public was safety and whether the LED sign is a distraction to drivers. The public also asked if it was a video sign or a LED sign?  Building Inspector Scott Rovere explained that in granting the permit, the cross was treated as a supporting structure and that the sign and supporting structure were in compliance with all applicable Sturgis City Ordinances.  Mr. Rovere also explained that by definition it is a LED sign and would not be considered a video sign.  The issue was taken under advisement by the Council for a later decision.   

 

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

 

Motion by Chaplin, seconded by Call and carried with all members voting yes to approve second reading of Ordinance 2007-29 Revised Ordinance Amending Title 16, Chapter 16.02 Regulations as to the Operation of Vehicles. The ordinance reads as follows:

 

ORDINANCE 2007-29

REVISED ORDINANCE AMENDING TITLE 16, Chapter 16.02

REGULATIONS AS TO THE OPERATION OF VEHICLES

 

BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 16 Chapter 16.02 REGULATIONS AS TO THE OPERATION OF VEHICLES shall be amended to add the following section:

 

16.02.26:  COMMERCIAL ADVERTISING VEHICLES

 

            No person shall operate, stand, or park a vehicle on any street for the purpose of commercial advertising.  Advertisements relating to the business for which a vehicle is used may be put upon a motor vehicle when such vehicle is in use for normal delivery or business purposes, and not merely or mainly for the purpose of commercial advertising.

 

            Notwithstanding the forgoing provision of this Section, buses and taxi cabs operated for transportation of the public for hire or buses operated for transportation of the elderly or disabled whether for hire or at no charge and law enforcement and emergency vehicles may display commercial advertisements on the exterior surface areas of said vehicles.  

 

 

Dated this 20Th day of August, 2007.

 

Published:  September 1, 2007

Effective:  September 21, 2007

 

Motion by Chaplin, seconded by Anders and carried with all members voting yes to approve second reading of Ordinance 2007-30 Revised Ordinance Replacing Title 24, Sturgis Industrial Expansion Revolving Fund.  The ordinance reads as follows:

 

ORDINANCE 2007-30

 

REVISED ORDINANCE REPLACING TITLE 24

STURGIS INDUSTRIAL EXPANSION REVOLVING FUND

 

 

BE IT ORDANIED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 24  STURGIS INDUSTRIAL EXPANSION REVOLVING FUND shall be replaced in its entirety with the following Title 24.

 

TITLE 24

STURGIS INDUSTRIAL EXPANSION REVOLVING FUND

 

Chapters:

24.01: Established

24.02: Designation of Surplus Revenue

24.03: Use of Funds

24.04: Standing Committee – Established

24.05: Appointment of Members; Meetings

24.06: Criteria, Standards, and Policies of SIECRF to be used for the                                                                                                   Expenditure of Funds Authorized Under Section 24.03                 

 

24.01:  Established

 

There is established in the city treasury a special revenue fund to be known as the Sturgis Industrial Expansion Corporation Revolving Fund (SIECRF) for the purpose of making loans for the promotion of the city.

 

24.02:  Designation of surplus revenue

 

Previously contributions to the SIECRF fund had been made by the City of Sturgis, private individuals and the South Dakota Community Foundation.  Additional contributions may be made to the fund by the City of Sturgis, at the discretion of the common council and the City of Sturgis is authorized to accept donations to the fund from any private or public source.

 

24.03:  Use of funds

 

Funds from SIECRF may be used for any of the following purposes:

A.                 Loans and grants to organization and entities to which a municipality may appropriate monies under the provisions of SDCL 9-12-11.

B.                 Loans and grants to the West River Revolving Loan Fund as constituted and administered by the West River Foundation.

C.                 Any other lawful public purpose as determined by the common council, from time to time, for the promotion of the city.

D.                 For loans to private persons and entities according to the criteria established pursuant to Section VI hereof.  Any repayment of loans made and any interest earned shall be receipted into the SIECRF and all money in the fund is hereby appropriated for the purposes of making loans and expenditures as provided in this ordinance.

 

24.04:  Standing committee – established

 

There is established a standing committee to be known as the Sturgis Industrial Expansion Corporation Revolving Fund (SIECRF) Committee for the purpose of:

           

A.                 Providing technical assistance in the completion of application documents to applicants for a SIECRF loan; and

B.                 Providing consultation and recommendations to the common council regarding individual SIECRF loan applications and requests for loan services for use by the common council in the review, evaluation, and decision-making thereon; and

C.                 To monitor outstanding  SIECRF loans.

 

24.05:  Appointment of members; meetings

 

A.        Appointment of members.  Appointment of members of the SIECRF committee and establishment of the terms of service of members of the SIECRF committee shall be made by the mayor and ratified by the common council.  The committee shall consist of six (6) members, as follows:

          

1.                  The mayor or a designee of the mayor;

2.                  One (1) representative from the city council;

3.                  Two (2) representatives from Sturgis Industrial Expansion Corporation;

4.                  Two (2) representatives from Sturgis banks.  No more than one (1) representatives from one bank shall be allowed to serve upon the committee at any one time.

 

B.         Meetings.  The SIECRF committee shall meet on an as needed basis.  Following each meeting a written record of said meeting shall be prepared and forwarded to the common council for review and comment.

 

24.06:  Criteria, standards, and policies of SIECRF to be used  For the expenditure of funds authorized under Section 24.03 hereof

 

A.                 Eligibility Requirements – Any for profit and non-profit business that is a commercial or light industrial business creating new and/or additional jobs, which will result in more employment  opportunities in the Sturgis area, will be eligible to apply for a loan from SIECRF.

 

B.                 Use of Funds – Proceeds from a SIECRF loan shall be used only for the following purposes:

 

a)      Land acquisition and related development;

b)      Building construction, acquisition or related remodeling projects which are determined to enhance economic growth; and,

c)      Acquisition of equipment (excluding rolling stock) for use in the commercial or light industrial business of the applicant.

 

Requests for operating capital, inventory or the refinancing of existing debt will not be considered and are ineligible purposes for SIECRF loan.

 

C.                 Targeting Criteria – The SIECRF committee will review, evaluate, and make decisions on each SIECRF application.  The committee shall consider the following targeting criteria along with other factors deemed by the committee appropriate with each application:

 

a)      First priority shall be given to eligible applicants who are existing commercial or light industrial businesses located in the City of Sturgis or County of Meade, which propose to either expand or relocate to a more appropriate location in the City of Sturgis or County of Meade.

b)      Second priority shall be given to eligible applicants that propose to relocate an existing commercial or light industrial business to the City of Sturgis or County of Meade, from an area outside the Northern Black Hills of South Dakota.

c)      Third priority shall be given to eligible applicants who propose a start-up commercial or light industrial business in the City of Sturgis or County of Meade.

 

D.                 Financing Policies – The following financing policies shall direct the SIECRF committee in its review, evaluation, and decision making process on SIECRF applications:

 

a)      To the extent practical, loan amounts will be based upon the formula of $5,000 per new, full-time equivalent job created or existing job retained.  This standard may be waived by the SIECRF committee at the time of application approval, if the project presents an unusual opportunity or set of unique circumstances for promotion of the City of Sturgis or County of Meade.

b)      Applicants shall demonstrate through appropriate documentation that a SIECRF loan is justified on the basis of either a financing gap that precludes the project form moving forward to completion without such a loan, or that there exists an unacceptable rate of return on investment based upon market investment interest rates.

c)      Subject to the limit continued in paragraph (a) above, the maximum amount of SIEC revolving funds loaned to single applicant shall be the minimum amount needed to move the project forward to completion in light of other public and private financing sources available as determined by the SIECRF committee.

d)      Terms for repayment of SIECRF loans will be based on the minimum needs of the applicant, the recapitalization needs of the SIECRF, and the collateral requirements of the loan.  Loan terms shall not exceed the depreciable life of the asset(s) pledged as collateral.  The SIECRF committee shall have the discretion to set the loan terms.  But in no event shall the loan be amortized over more than fifteen (15) years with a five (5) year balloon payment.

e)      The interest rate of a SIECRF loan shall be structured on a case by case basis and will be determined by the SIECRF committee based upon the minimum needs of the applicant and the recapitalization needs of the SIECRF.

f)       Applicant equity shall be based upon a combination of the total financial position of the applicant and the equity in the funded project.

g)      SIECRF loans shall be collateralized by fixed assets of the applicant as determined by the SIECRF committee based upon the value of such assets as determined by a qualified appraiser, and by such additional collateral as may be required by the SIECRF.  The preferred minimum security position for a SIECRF loan shall be a second mortgage or security interest, as the case may be, upon the loan collateral.  In the event the SIECRF applicant cannot provide a minimum second position security position due to factors such as S.B.A. financing, the SIECRF loan application may be approved with a security position inferior to a second position, provided however, that the SIECRF applicant provide such additional collateral (including but not limited to assignment of life insurance proceeds) and/or such co-signatures and/or such personal guaranties as may be required by the SIECRF committee to provide for a reasonable credit risk.

h)      A SIECRF loan origination fee may be levied in a maximum amount equal to 1% of the loan amount plus the actual amount of any and all settlement costs and fees incurred by the SIECRF for the processing, approval, and closing of the loan.

i)        Subject to the provision of sub-paragraph (d) above, restructuring or modification of the terms of a SIECRF loan shall be considered on a case by case basis by the SIECRF committee as needed.

 

E.                  Application and Review Process – Application for a SIECRF loan shall be made on forms available from the SIECRF committee.  Applicants will submit a completed application and all supporting financial documentation to the SIECRF committee, who shall review the application for completeness and shall notify the applicant what further or additional information is required from the applicant, if any, before the committee will declare the application complete.  Upon the committee declaring the application complete, the committee shall review the application and shall, within 45 days thereafter, make a recommendation to the City Council for approval or denial of the application or request additional information from the applicant.  The City Council shall, within 15 days of the date of the committee recommendation to the City Council, either approve or deny the application.  No application shall be declared complete unless it includes the following:

 

(a)        Name and address of applicant;

(b)                Names, addresses, resumes, and references of owner, investors, and management of the business;

(c)                Articles of incorporation and bylaws or other agreements that describe the legal operation or structure of the business;

(d)                Name and address of the owner or operator of the business during the term of the loan;

(e)                A business plan which contains information regarding the products or services to be offered by the applicant; new jobs to be created; job descriptions with attendant salary or wage information by job category; educational requirements by job category; methods of accounting, financing, marketing, sales, merchandising and other disciplines proposed to be used for business growth and expansion;

(f)                 Letters of commitment from all participating commercial and or public funding sources;

(g)                Up to three years of historical balance sheets, cash flow statements, income statements, and federal income tax returns as are applicable to the individual loan application;

(h)                Pro forma balance sheets, cash flow statements for the term of the loan, or for a period of three years, whichever is less;

(i)                  A statement of licensing requirements;

(j)                  Assurance of compliance with local zoning laws and building codes, and that the necessary public utilities are available or will be available when needed by the project;

(k)                Approximate date construction will commence, construction completion date, and the date by which the project will be fully operational;

(l)                  Documentation that the preliminary design stage has been completed;

(m)              Any other information as required by the City Council or SIECRF committee in order to make a sound loan decision; and,

(n)                All schedules A through M as defined in the application beginning on page 20.

 

F.                  Approval of Applications – In the event an application is approved by the City Council, the City and the applicant shall execute such agreements and documents as necessary, which shall provide the rights and responsibilities of all parties and the terms and conditions of the loan.  The agreements and documents shall be prepared by an Attorney at Law and the cost of preparation and the review of further documents necessary to the closing of the loan shall be paid by the applicant as part of the costs of loan.  There shall be no commitment of a SIECRF loan without the specific resolution of the City Council, not withstanding any assurance, guarantee, communication or representation to the contrary.

G.                 Confidentiality – The application and supporting documents submitted to the SIECRF committee and the City Council shall be the property of the City.  To the extent permitted by law, said documents shall be handled by the committee and the City in a confidential manner.

H.                 Servicing SIECRF Loans – SIECRF loans shall be repaid in accordance with an escrow agreement prepared as part of the loan documents by an Attorney at Law naming an independent escrow agent which shall be chosen by the borrower and approved by the City.  The escrow agent shall, in accordance with the escrow agreement, receive loan payments and account for all proceeds, interest and principal, to the City and the borrower.  The escrow agent shall remit all proceeds received to the City.

 

In the event that the borrower requests any modification or change of any loan term or condition, including without limitation variations in security position, insurance requirements, payment dates or amounts, or the like, or if there arises a need for management of insurance proceeds in the event of damage or loss or such other insurable event, the borrower shall notify the then acting chairperson of the SIECRF committee and the loan servicing request shall be handled on an as-needed, case by case basis by the committee.  Any and all changes in loan terms or conditions of any kind whatsoever, and any disbursement of insurance proceeds requiring City approval by the terms of the loan or the insurance policy, shall be considered by the committee and submitted to the City Council for action upon committee recommendation.

 

Dated this 20th day of August, 2007.

 

First reading:         July 30, 2007         

Second reading:  August 20, 2007

Adopted: August 20, 2007                                                                                                

Published: September 1, 2007                            

Effective:  September 21, 2007

 

 

Motion by Anders, seconded by Call and carried with all members voting yes to approve second reading of  Ordinance 2007-31 Ordinance Replacing Title 27 Minimum Standards for Low Water Crossings within the City of Sturgis. The ordinance reads as follows:

 

ORDINANCE 2007-31

ORDINANCE REPLACING title 27

MINIMUM STANDARDS FOR LOW WATER CROSSINGS

WITHIN THE CITY OF STURGIS

                             

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that Title 27 Minimum Standards for Low Water Crossings within the City of Sturgis shall be adopted as follows:

 

TITLE 27

MINIMUM STANDARDS FOR LOW WATER CROSSINGS

WITHIN THE CITY OF STURGIS

 

 

Chapter:         

27.01.01:  Minimum standards for low water crossings within the City of Sturgis

 

 

27.01.01:  Minimum standards for low water crossings within the City of Sturgis

 

All Non-Bridge, hereinafter referred to as Low Water Crossings of any creeks, within the City of Sturgis, shall be constructed to the following minimum standards, shall be designed by a South Dakota Licensed Professional Engineer with experience in this type of construction and shall be submitted to the City Engineering and Inspections Department and City Street Committee for review and approval before any construction may begin.

 

A Type I low Water Crossing will be required if:

 

A.                 The crossing represents the only access into an inhabited residential area;

B.                 There is year round water flow in the creek at the crossing location;

C.                 Grade constraints at the creek crossing location can not be met when trying to install a Type II crossing.

 

Type II Low Water Crossings will be required at all other creek crossing locations.

 

A Type I Low Water Crossing will be designed in accordance with the following minimum standards:

 

A.                 Shall have a minimum thirty two feet (32') wide top driving surface;

B.                 Shall be constructed with a minimum of 4 - 24" RCP or CMP culverts;

C.                 Shall have a minimum twenty feet (20') long flat bottom driving section over the culverts;

D.                 All Concrete slab portions of the Crossing shall be constructed of a minimum eight inch (8") thick, reinforced concrete slab;

E.                  Shall be constructed to meet an H-20 Highway Loading;

F.                  Shall have a maximum grade of the driving surface out of and in to the crossing bottom of ten percent (10%);

G.                 Shall have a minimum of sic inches (6") of crushed base course as cover over the culverts;

H.                 Shall have minimum eight inch (8") thick reinforced concrete side slopes on the upstream and downstream side of the crossing which shall have a 3:1 slope;

I.                    Shall have a minimum of four feet (4') of Reinforced Concrete footing walls and wing walls or eight feet (8') of buried sheet pilings for footing walls and wing walls installed at the toe of the concrete side slopes.

J.                   Shall be constructed of minimum M-6 Concrete as specified within the most recent edition of the South Dakota Department of Transportation Standard Specifications for Roads and Bridges;

K.                 Shall have a minimum four inch (4") thick Class "G" Asphalt driving surface on the roadway running out of and into the twenty feet (20') long, flat, reinforced concrete, bottom section over the culverts (Class "G" Asphalt surface shall be as specified within the most recent edition of the South Dakota Department of Transportation Standard Specifications for Roads and Bridges);

L.                  Shall have a 12" x 16" concrete cap poured on top of the sheet pilings, if used, to tie the pilings to the concrete slab (the method of rebar connection to the sheet pilings shall be approved by the City);

M.                Shall have a City approved flowable fill mixture or gabion baskets placed one each side of the culverts for a height of 18";

 

A Type II Low Water Crossing will be designed in accordance with the following minimum standards:

 

A.                 Shall have a minimum twenty five (25') wide top driving surface which may be expanded to thirty two (32') when in the City's opinion the extra width is necessary and justified for pedestrian traffic or any other public safety issue;

B.                 Shall have minimum twenty feet (20') long flat bottom driving section;

C.                 Shall be constructed of a minimum eight inch (8") thick, reinforced concrete slab which shall extend from the top of the creek back to top of creek bank;

D.                 Shall be constructed to meet an H-20 Highway Loading;

E.                  Shall have a maximum grade of the driving surface out of and in to the crossing bottom of ten percent (10%);

F.                  Shall have a minimum of six inches (6") of crushed base course placed under the driving slab;

G.                 Shall have a minimum of four feet (4') of Reinforced Concrete footing walls and wing walls or eight feet (8') of buried sheet pilings for footing walls and wing walls installed at the edge of the concrete driving surface;

H.                 Shall be constructed of minimum M-6 Concrete as specified within the most recent edition of the South Dakota Department of Transportation Standard Specifications for Roads and Bridges;

I.                    Shall have a 12' x 16' concrete cap poured on top of the sheet pilings, if used, to tie the pilings to the concrete slab (method of rebar connection to the sheet pilings to be approved by the City);

J.                   Shall have a minimum of twenty feet (20') of two feet (2') thick gabion baskets placed on the upstream and downstream sides of the crossing extending from top of bank to top of bank of the creek channel;

 

Example of some typical details shall be available for review at the City of Sturgis Engineering and Inspections office.

 

That is the finding of the Common Council of the City of Sturgis that this ordinance is necessary for the public safety of the citizens of Sturgis and shall take effect immediately upon passage.

 

Dated this  20th day of August, 2007.

 

First reading:           July 30, 2007

Second reading:  August 20, 2007    

Adopted: August 20, 2007                

Published:  September 1, 2007           

Effective:  September 21, 2007

 

Motion by Call, seconded by McVay and carried with all members voting yes to approve second reading of Ordinance 2007-32 Revised Ordinance Replacing Title 29 Establishing an Emergency Response Team.  The ordinance reads as follows:

 

ORDINANCE 2007-32

REVISED ORDINANCE REPLACING TITLE 29

establishing an emergency response team

 

BE IT ORDANIED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current Title 29 establishing an emergency response team shall be replaced in its entirety with the following Title 29.

 

TITLE 29

ESTABLISHING AN EMERGENCY RESPONSE TEAM