September 4, 2007
PROCEDDINGS OF THE STURGIS
CITY COUNCIL – SEPTEMBER 4, 2007
The Common Council of the
City of
Mayor LaRue led everyone
present in the Pledge of Allegiance.
Mayor LaRue made the
following announcements:
Ø
The Mustang Rally
was held over the Labor Day weekend with 303 registered participants from 10
States with 171 participating in the Show and Shine
Ø
Party in the Park
will be held on September 8th.
Ø
The 2nd
Ø
9/11 Memorial
Ride will start at the Freedom Memorial in the
Ø
On September 13th at 7:00 PM at the Meade Room at the Community
Center there will be a Public Forum to discuss the Rally
Ø
On September 18th
at 7:00 PM in the theatre at the Community Center there will be a Public Forum
to discuss paving projects for streets
Ø
The Sturgis Arts
Council will be sponsoring a
Ø
Library Fun/Run
& Walk will be held on September 22 at 4:00 starting at the Library
Motion by Chaplin, seconded by Anders and
carried to approve the agenda as written.
Motion by Anders, seconded by
Chaplin and carried to approve the minutes of the August 20, 2007 council
meeting.
Motion by Chaplin, seconded
by Anders and carried to approve the minutes from the special council meeting
held on August 27, 2007.
Motion
by Chaplin, seconded by Scudder with all members voting yes to approve the
following claims:
GENERAL FUND – BHP&L, $1,393.08, util; MDU, $42.08, util; Prairiewave, $2,039.81, util.
PARK – BHP&L, $267.74, util; MDU, $10.85, util.
AMBULANCE SERVICE – Alltel, $15.23, util; BHP&L, $692.66, util; MDU, $22.49, util.
LIQUOR – Prairiewave, $194.70, util.
WATER SYSTEM OPERATIONS – BHP&L, $12,981.03, util; MDU, $11.20, util; Prairiewave, $155.13, util; Verizon, $162.46, util.
WASTEWATER FACILITIES – BHP&L, $10.00, util.
SANITARY SERVICE – Qwest, $46.26, util.
GENERAL
FUND – Amcon Distributing, $771.10, merch for resale; Associated Pool Builders,
$5,217.50, maint; Associated Supply Co, $474.42, maint; Atco Int’l, $146.00,
sup; Avaya, Inc., $48.26, util; Baker & Taylor, $412.24, sup; Believers
Fellowship Academy, $100.00, other; BH Finance Officers Assn, $25.00, travel;
BH Mobile Extinguisher, $14.25, maint; BHP&L, $867.05, util; Borders, Inc.,
$198.95, sup; BSN Sports, $156.59, sup;
PARK –
BHP&L, $481.51, util; City of
BRICK PROJECT FUND – Robert Sharp & Assoc, $328.67, publishing.
AMBULANCE SERVICE – City of Sturgis Water Dept, $138.88, util; DB Billing, $893.36, prof fees; Elecom, $4,337.30, sup; Mountain Plains Health Consort, $7.00, prof fees; Prairiewave, $48.93, util; West River Electric Assoc, $20.19, util.
MAYOR’S
RIDE – Johnny Sundby Photography, $175.00, sup;
SPECIAL
SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $7,500.00,
CAPITAL IMPROVEMENT – Heavy Constructors, $250,359.81, cap imp; Hills Materials, $105,350.53, cap imp.
SPECIAL SANITATION – Central States Sanitation, $49,790.00, sup; G&H Distributing, $61.82, sup; Great Western Tire, $184.50, maint; Western Powerwash, $4,733.75, sup.
LIQUOR –
City of Sturgis Water Dept, $484.00, util; Eagle Sales, $34,590.86, off sale
beer; Fisher
WATER
SYSTEM OPERATIONS – Butte Electric, $1,160.24, util; City of
WASTEWATER FACILITIES – American Engineering Testing, $1,168.50, prof fees; Bierschbach Equipment, $178.40, maint; Chainsaw Center, $251.67, maint; Dakota Backup, $54.12, sup; Energy Labs, $712.00, prof fees; Morman Law Firm, $516.00, prof fees; Candy Morrell, $250.00, maint.
SANITARY SERVICE – Great Western Tire, $117.00, maint; Hills Materials, $186.83, sup; Morman Law Firm, $36.00, prof fees; Candy Morrell, $250.00, maint; Sand Creek Printing, $105.00, sup; SD DENR, $500.00, prof fees.
RALLY –
Brown Printing, $24,007.71, publishing; Thomas Ferguson, $713.98, travel;
Freeman Electric, $112.80, sup; Heartland Paper, $544.03, sup; Hillyard,
$162.02, sup;
GENERAL FUND – SD Municipal League, $225.00, travel.
WATER SYSTEM OPERATIONS – SD Municipal League, $75.00, travel.
SANITARY SERVICE – SD Municipal League, $75.00, travel.
This was the designated time
for committee reports:
v
Public Safety—No
meeting was held, meeting to be held on September 5th.
v
Public Works—Discussion
on street signs, mayor signing rubble site permit and advertising for materials
v
Community Center—
Bids on roof, closing on September 21, 2007
v
Liquor—No meeting
was held
v
Legal and
Finance—No meeting was held
v
Rally—Public
forum on September 13th to discuss Rally
v
Park Board—No
meeting was held
v
Planning
Commission— No meeting
v
Water Board—No
meeting was held
v
Library Board—The
Fun/Run & Walk to be held on September 22
v
Airport Board—No
meeting was held
v
Governmental
Change Committee— Three candidates have been chosen out of the 5
interviewed. The candidates will be here
September 13-15. On the 14th of September there will be a Public
Forum held at 6:00 PM at the Community Center for questions. The questions must be submitted prior to the
forum.
Motion by Chaplin, seconded by Anders and carried to amend
the public hearing date to read October 1, 2007 and to change
Motion by Chaplin, seconded by McVay and carried to set a
public hearing date of October 1, 2007 for a Zoning Amendment to change
Motion by Chaplin, seconded by Ferguson and carried with Anders, Call, Chaplin, Ferguson voting yes and McVay voting nay to approve the written findings and conclusions which affirm the decision of the Building Inspector based upon Mr. Allison’s failure to show he was aggrieved by the decision. Scudder and Usera did not vote
Findings
of Fact and Conclusions of Law
The Sturgis
City Council held a public hearing on August 20, 2007 addressing a Sign Permit
issued by the City Sturgis Engineering and Building Inspections Office on the
14th day of May, 2007. Appellant Jim Allison was represented by
attorney Bryce Flint and also appeared personally at the public hearing. The Sturgis City Council also heard argument
from the Sturgis Building Inspector, Scott Rovere, and from various members of
the public. The City Council having
heard the arguments presented by the Appellant during the public hearing and
being fully advised hereby makes its Findings of Fact and Conclusions of Law.
Findings
of Fact
1.
A
Sign Permit was granted by the Engineering and Building Inspections Office on
the 14th day of May, 2007 to applicant
2.
3.
The
Sign Permit at issue was dated May 14, 2007 and contained an expiration date of
November 15, 2007 and is recognizes as Permit No. 160.
4.
Jim
Allison of
5.
In
Mr. Allison’s letter dated July 20, 2007 he states “the undersigned an
aggrieved person as contemplated by your ordinances.”
6.
Title
30, Chapter 30.03 On Premise Signs,
Section 30.03.02 Permits reads as
follows:
No permanent sign shall be erected,
structurally altered, replaced or enlarged within the City without first having
been issued a sign permit. The
responsibility for securing the permit is joint and several of the sign owner
and contractor. A separate permit shall
be required for each sign.
To obtain a permit, the applicant shall
make application to the Inspection Office on a form to be furnished by the
City. The permit application shall
include and/or be accompanied by the following information:
A.
The
applicant’s name and address;
B.
The
sign and real property owners’ names and addresses;
C.
The
legal description and address of the property on which the sign is to be
placed;
D.
The
estimated value of the sign;
7.
Property
line than allowed; it will be a hazard to traffic; it also violates other
requirements of your zoning and sign ordinances”. Pursuant to said letter, Mr. Allison
requested that the Sign Permit be appealed to the City Council at its earliest
convenience.
8.
In
Mr. Allison’s letter dated July 20, 2007 he states “the undersigned an
aggrieved person as contemplated by your ordinances.”
9.
Title
30, Chapter 30.03 On Premise Signs,
Section 30.03.02 Permits reads as
follows:
No permanent sign shall be erected,
structurally altered, replaced or enlarged within the City without first having
been issued a sign permit. The
responsibility for securing the permit is joint and several of the sign owner
and contractor. A separate permit shall
be required for each sign.
To obtain a permit, the applicant shall
make application to the Inspection Office on a form to be furnished by the
City. The permit application shall
include and/or be accompanied by the following information:
E.
The
applicant’s name and address;
F.
The
sign and real property owners’ names and addresses;
G.
The
legal description and address of the property on which the sign is to be
placed;
H.
The
estimated value of the sign;
I.
Any
plans, specifications or other information deemed necessary and requested by
the Building Inspector
It is not necessary to obtain a permit
before completing general maintenance to a sign such as painting, repainting,
cleaning or minor repairs provided no structural alteration is made.
Any permit shall expire one hundred and
eighty (180) days after its issuance.
The sign must be erected within this time. Erecting a sign after the expiration date of
the permit will result in the erection of a sign in violation of this Title.
10.
Permit
No. 160 was issued pursuant to Section 30.03.02.
11.
A
decision of the Building Inspector made pursuant to Title 30 is appealable
pursuant to Title 30, Chapter 30.05
Appeal Process.
12.
Pursuant
to Chapter 30.05, “[A] person aggrieved by a decision of the Building
Inspection made under this Title shall be entitled to have said decision
reviewed by the Building Inspector. If
after review, the person is unsatisfied, he or she may appeal the Building
Inspector’s decision to the City Council.”
13.
Mr.
Allison’s letter dated July 20, 2007 does not make any statement in explanation
of why Mr. Allison was aggrieved by the decision of the Building Inspector to
issue Sign Permit No. 160.
14.
Mr.
Allison appeared at the public hearing through his attorney, Bryce Flint, and
presented argument at that time in support of his appeal of Building Permit No.
160. During the public hearing, Mr.
Allison failed to present any information or argument in support of Mr.
Allison’s allegation in his written letter of July 20, 2007 that he is “an
aggrieved person as contemplated by your ordinances”.
15.
Black’s Law
Dictionary (6th
ed.) defines aggrieved person with instruction to “see aggrieved party”. Black’s Law Dictionary defines “aggrieved
party” as follows:
One whose legal right is invaded by an
act complained of, or whose pecuniary interest is directly and adversely
affected by a decree or judgment. One
whose right of property may be established or divested. The word “aggrieved” refers to a substantial
grievance, a denial of some personal, pecuniary or property right, or the
imposition upon a party of a burden or obligation.
16.
Outside
of the public hearing Mr. Allison had informally made statements to certain
City Council Members that he believed the erection of the sign pursuant to the
issuance of the Sign Permit had resulted in decreasing the value of his real
property however this argument was not made during the public hearing nor did
Mr. Allison bring forth any other basis for his belief that he is “an aggrieved
person”.
Conclusions
of Law
1.
Pursuant
to City Ordinance Chapter 30.05, in order to appeal a decision of the Building
Inspector made under Title 30, the person must be “aggrieved”.
2.
Mr.
Allison has failed to provide any information to support his claim that he is
“an aggrieved person”.
3.
The
Sign Permit at issue, number 160, was issued by the Engineering and Inspections
Office under Title 30 and the proper appeal procedure applicable is Chapter
30.05.
4.
In
order to have standing to file an appeal to Sign Permit No. 160 issued by the
Building Inspector, Mr. Allison must show that he was aggrieved by the decision
of the Building Inspector and Mr. Allison has failed to present any information
to the City Council in support that he was in fact “aggrieved” by the decision.
5.
Pursuant
to the applicable Sturgis City Ordinances, Mr. Allison’s appeal must be denied
as he has not shown to be aggrieved as required by Chapter 30.05.
6.
The
decision of the Building Inspector is affirmed.
Motion by Call,
seconded by Chaplin and carried to approve purchasing a 2008 Ford F250 Crew Cab
pickup from Jacobsen Ford for the amount of $25,875.
Before first
reading of 2008 Appropriation Ordinance, several Citizens voiced their concerns
about the special sales tax budget.
After discussion
on the 2008 Appropriation ordinance and amending the revolving loan fund and
the special sales tax fund to reflect the correct line item budget amount a
motion was made by Scudder, and seconded by Chaplin and carried to approve
first reading of the 2008 Appropriation Ordinance 2007-33 with Anders, Call,
Chaplin, McVay, Scudder and Usera voting yes, and Ferguson voting nay.
Motion by
Scudder, seconded by Chaplin and carried to approve a special events malt
beverage license for October 20, 2007 German October Fest fundraiser for St.
Francis of Assisi Catholic Church at the auditorium to be served by Loud
American Road House.
Motion by
Chaplin, seconded by Scudder and carried to approve a raffle request and pull
tabs for St. Francis of Assisi Catholic Church with drawing being held on
October 7, 2007.
Motion by
Anders, seconded by Chaplin and carried to approve purchasing a table ($96) for
the United Way Campaign Kickoff Luncheon to be held on September 13, 2007.
Motion by Call,
seconded by Chaplin and carried to authorize the Public works director to
advertise for bids for 2008 materials.
Motion by
Chaplin, seconded by Call and carried to authorize the Mayor to sign the rubble
site permit renewal application.
Motion by
Chaplin, seconded by Anders and carried to approve the following salary and
travel matters: Randy Wagner, Liquor Part Time $8.25/hr, effective Sept.
10, 2007
Sheldon Tveidt, Community Center Front Desk $6.25/hr,
effective September 5, 2007
Motion by Anders, seconded by Chaplin and carried to adjourn to executive session for the purpose of discussing legal matters.
Motion by Call, seconded by Usera and carried to return to regular session.
Motion by Chaplin, seconded by Call and carried to adjourn the meeting at 9:13 pm.
ATTEST: ___________________________ APPROVED: ______________________________