PROCEEDINGS OF THE STURGIS
CITY COUNCIL –
The Common Council of the City of
Scudder made the following announcements: a) there will be an open house for phase I of
the library/municipal offices complex on
Motion by Chaplin, second by Anders & carried to
approve the agenda as presented.
Motion by Chaplin, second by Anders & carried to
approve the minutes of the
Motion by Chaplin, second by Anders & carried
unanimously to approve the following claims:
LIBRARY
FUND – Thrivent Financial, $8,137.00, lib furnishings.
GENERAL
– Avaya, Inc., $48.26, util; BH Fibercom, $496.08, util; BHP&L, $14,771.86,
util; BH RC&D, $1,400.00, travel; MDU, $1,560.79, util.
PARK
– BH Fibercom, $137.12, util; BHP&L, $15.38, util.
AMBULANCE
SERVICE – BH Fibercom, $44.11, util.
LIQUOR
– BHP&L, $923.37, util; MDU, $10.50, util.
WATER–
BH Fibercom, $701.58, util; BHP&L, $1,750.98, util.
WASTEWATER
FACILITIES – BHP&L, $2,217.72, util.
GENERAL
– 54 Printing, $95.00, sup; Affirmed Medical Services, $19.15, sup; American
Red Cross, $329.00, cc prog exp; Asphalt Specialties, $2,987.25, maint; Bentz
Equipment, $50.00, maint; Best Business Products, $80.55, maint; BH Fibercom,
$155.21, util; BHP&L, $823.69, util; Bierschbach Equipment, $297.00, maint;
Billings Gazette, $232.80, publishing; Birdsall Sand & Gravel, $200.40,
maint; Michelle Boehrs, $14.00, sup; Buffalo Bills Bowling, $165.00, cc prog
exp; Campbell Supply, $378.39, sup; Caselle, Inc., $500.00, prof fees; Century
Business Products, $55.53, maint; Coca Cola, $31.60, util; Community Center
Petty Cash, $5.38, cc prog exp; Elan, $439.73, maint; Engineering Dept. Petty
Cash, $39.09, sup; Farmers Union Oil, $17,547.41, sup; Farmers Union, Union
Center, $168.92, sup; Fedex, $9.19, sup; Firehouse, $50.00, sup; Foothills
Seed, $168.75, sup; Freemotion Fitness, $45.32, sup; Greater Sturgis Lifecare
Found, $1,271.50, refunds; Gunderson, Palmer, Goodsell, $75.00, prof fees;
Hillyard, $43.89, maint; Jacobsen Ford, $251.99, maint; Jacobson First Western
Ins., $186.00, prof fees; Johnston Hardware, $117.02, sup; Lynn’s Dakotamart,
$438.00, sup; Massa Berry Clinic, $70.00, sup; Meade Co Times, $26.50, sup; Mid
American Specialties, $606.63, sup; MDU, $131.32, util; Morman Law Firm,
$124.03, prof fees; NAPA, $1,093.32, maint; Owens Interstate Sales, $220.36,
sup; Pony Expresso, $48.50, sup; Purchase Power, $35.00, sup; Regional Health,
$88.70, sup; Rhodes Chemical, $34.19, sup; Rockingtree Landscapes, $60.44, sup;
Rose’s Sanitation, $9.50, maint; Rushmore Office Supplies, $99.85, sup; S.
Ellwein, $1,692.00, sup; SD Dept of Military, $1,850.00, other; SD Municipal
League, $85.00, travel; SD Parks & Recreation, $220.00, travel; Servall,
$1,933.90, sup; Walt Simons, $30.00, sup; Sturgis Center for the Arts, $113.00,
cc prog exp; Tom’s T’s, $150.00, cc prog exp; Towneplace Suites Sioux Falls,
$1,323.00, travel; UBC, $134.90, sup; United Way of the Black Hills, $1,000.00,
donation; Joey Weiland, $30.00, sup.
PARK
– Bentz Equipment, $25.98, maint; BHP&L, $79.22, util; Campbell Supply,
$458.40, maint; Crum Electric, $252.77, sup; Farmers Union Oil, $259.58, sup;
Freeman Electric, $393.07, maint; Hersrud, $0.00, maint; Jim’s Auto Salvage,
$35.00, maint; Johnston Hardware, $8.83, sup; Kopp’s Tree Stump Removal,
$1,150.00, other; NAPA, $559.72, maint; Northern Hills Sod Farm, $464.20, sup;
Northwest Pipe Fittings, $168.54, sup; Owens Interstate, $25.73, sup;
Powerplan, $6.05, maint; Rockingtree Landscapes, $181.48, sup; Rose’s
Sanitation, $285.00, maint; SD Federal Property Agency, $11.00, sup.
BRICK
PROJECT FUND – Clarence E. Glover Trust, $1,250.00, city promotion; Lamar,
$1,200.00, city promotion.
AMBULANCE
– DB Billing Co, $1,336.12, prof fees; Farmers Union Oil, $1,067.21, sup;
Farmers Union-Union Center, $102.11, sup; Linweld, $137.53, sup; Lynn’s
Dakotamart, $16.32, sup; Morman Law Firm, $124.02, prof fees; NAPA, $195.58,
sup; Rockingtree Landscapes, $60.44, sup; SD Dept of Health, $20.00, prof fees;
Tom’s T’s, $688.00, sup.
MAYOR’S
RIDE – Aurora Studios, Inc., $500.00, sup;
CAPITAL
IMPROVEMENT – Tim Bestgen, $30,000.00, cap imp; Meade Co. Auditor,
$2,837.93, principal.
SPECIAL
SANITATION – Campbell Supply, $89.69, sup; Johnston Hardware, $28.54, sup;
NAPA, $179.34, sup; Owens Interstate Sales, $317.19, sup.
CERT
POLICE GRANT – Locks by Bernie, $54.00, sup.
2003
SERIES REVENUE BOND – Rural Development, $8,739.00, interest
CAPITAL
PROJECTS – BH Council of Local Government, $9,000.00, cap imp.
LIQUOR
– BH Windshield Repair, $60.00, maint; Eagle Sales, $12,982.81, off sale beer;
Ecolab Pest Eliminator, $25.50, maint; Tom Ferguson, $500.00, group ins; Fisher
Beverage, $8,679.83, other; Frito-Lay, $25.29, resale; Jim Dandy Snack Food,
$52.80, resale; Johnson Western Wholesale, $18,342.68, off sale liquor; Liquor
Department, $45.39, sup; Lynn’s, $14.21, sup; M&B Enterprises, $85.50,
resale; NAPA, $23.67, maint; Nash Finch, $50.00, other; Pepsi Cola, $1,644.40,
resale; Porta Storage, $65.00, maint; Rushmore News, $63.60, resale; S.
Ellwein, $2,267.90, resale; Servall, $73.50, maint; Sodak Distributing,
$6,806.74, off sale liquor; Valiant Vineyard, $35.00, off sale wine.
WATER
SYSTEM OPERATIONS – BHP&L, $165.75, util; Birdsall Sand & Gravel,
$54.75, sup; MDU, $11.20, util; NAPA, $0, sup.
WASTEWATER
FACILITIES – Hills Materials, $325.54, cap imp; NAPA, $74.10, maint;
Northwest Pipe Fittings, $106.47, maint; Owens Interstate Sales, $24.28, maint.
SANITARY
SERVICE – Campbell Supply, $11.12, maint; City of
RALLY
– Best Business Products, $86.99, maint; BH Fibercom, $277.31, util; Birdsall
Sand, $93.60, sup; Campbell Supply, $307.49, sup; Custer State Park Resort,
$3,203.70, city promotion; Elan, $242.74, sup; Farmers Union Oil, $101.28, sup;
Freeman Electric, $423.04, sup; Gunners Lounge, $43.50, travel; Invision
Systems, $320.13, maint; Johnston Hardware, $89.63, sup; Lynn’s Dakotamart,
$924.72, other; Meade Co Times, $48.00, sup; Meade County Housing, $1,668.60,
other; NAPA, $111.71, sup; Outsource Solutions, $6,000.00, prof fees; Owens
Interstate Sales, $90.66, sup; Pizza Ranch, $20.98, sup; Pony Expresso, $23.80,
city promotion; Rushmore Communications, $1,374.00, maint; Rushmore Office
Supplies, $126.91, sup; SD Dept of Health, $3,425.00, prof fees; SD Electrical
Commission, $4,295.00, prof fees; Servall, $570.82, other; Walt Simons,
$188.00, other; Speedy Lube, $119.99, maint; Sturgis Harley Davidson, $12.00,
other; T&M Studio, $120.00, other; Weimers, $8.40, city promotion.
Patterson introduced the following written
resolution and moved its adoption:
RESOLUTION 2005-40
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, the Dorothy E. Hamm Limited Family Partnership
has presented to the Common Council of the City of
LOTS 7A, 7B, 7C, 7D, 7E, 7F,
7G, 7H, 7I & 7J, BLOCK 1 OF HILLSIDE TERRACE SUBDIVISION, AND HILLSIDE
COURT RIGHT-OF-WAY, FORMERLY LOT 7, BLOCK 1 OF HILLSIDE TERRACE SUBDIVISION,
LOCATED IN THE N1/2NW1/4, SECTION 15, T5N, R5E, BHM, 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
Dated this 19th day of September 2005.
Green duly seconded the motion for the adoption of
the foregoing resolution. All those
present voted in favor of and the resolution was declared passed & adopted.
Motion by Anders, second by Green & carried to
adjourn to executive session for the purpose of discussing personnel &
contract issues.
Motion by Chaplin, second by Anders & carried to
return to regular session.
Motion by Chaplin, second by Anders & carried,
with Green & Patterson voting no, to approve second reading of Ordinance
2005-15 – Annual Appropriations for 2006.
The ordinance is on file at City Hall.
Motion by Meland, second by Chaplin & carried to
set a public hearing date of
Motion by Chaplin, second by Jacobson & carried
to set a public hearing date of October 17, 2005 to transfer the retail (on-off
sale) malt beverage license of Buffalo Bill’s Corp., dba Buffalo Bill’s Casino,
1544 Lazelle, to include a larger legal description.
This was the time set to award the bid for the 2005
Street Improvement Project. The
following bids were received:
Hills Materials $265,324.00
Simon Contractors $351,966.60
Motion by Patterson, second by Anders & carried
unanimously to award the bid to Hills Materials in the amount of $265,324.00.
Motion by Chaplin, second by Meland & carried
unanimously to authorize the payment of $250.00 to Snap-on Tool’s Hurricane
Katrina Relief Fund. This is to come
from the contingency fund in the General Fund.
Green requested that a report be submitted to the City by Snap-on
concerning their efforts.
Motion by Green, second by Chaplin & carried,
with Jacobson voting no, to not adopt the additional 2 ½ month grace period for
the City’s Flex Benefit Plan.
Motion by Meland, second by Chaplin & carried
unanimously to authorize the contribution of $1,000 to
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION
2005-41
RESOLUTION
GIVING APPROVAL TO THE ISSUANCE OF SALES TAX REVENUE BONDS TO FINANCE A PORTION
OF THE COSTS OF THE LIBRARY/CITY HALL PROJECT AND AUTHORIZING THE SALE OF SAID
SALES TAX REVENUE BONDS
NOW, THEREFORE, BE IT RESOLVED by the
City Common Council of the City of
5.1.
The Project constitutes improvements which qualify for
the financing under and pursuant to SDCL Chapter 10-52, and the Sales Tax
Ordinance; and
5.2.
The Sales Tax Revenue Bonds authorized hereby are
being issue to pay costs of the Project which have not been incurred or paid as
of the date hereof and/or which the City has heretofore declared its intention
to finance with bond proceeds and for which the City has no other available
means or source of financing.
5.3.
It is in the best interests of the City to authorize
the borrowing of funds to pay a portion of the costs of the Project by
authorizing and issuing its Sales Tax Revenue Bonds, Series 2005.
9.1.
Date, Amount, Maturities and Interest Rates. The City Common Council hereby authorizes the
issuance of the Bonds. The Bonds shall
be dated in 2005. The principal amount
of the Bonds shall have maturities and interest rates as negotiated by the
Mayor and Finance Officer. The Bonds
shall be callable prior to maturity at the option of the City.
9.2.
Preparation and Delivery. The Bonds shall be prepared under the
direction of the Finance Officer and shall be executed on behalf of the City by
the facsimile or manual signatures of the Mayor and the Finance Officer and
countersigned by the facsimile or manual signature of an attorney actually
residing in the State of South Dakota and duly licensed to practice therein.
9.3.
Security Provisions; Funds and Accounts and Other
Covenants and Determinations.
9.3.1
Sales Tax Revenue Bond Fund. The Finance Officer is hereby authorized and
directed to establish and shall maintain the Sales Tax Revenue Bond Fund as a
separate and special fund in the financial records of the City until all Bonds
issued and made payable therefrom, and interest due thereon, have been duly
paid or discharged. All collections of
the Pledged Revenues, as hereinafter defined, shall be credited, as received,
to the Sales Tax Revenue Bond Fund.
Within the Sales Tax Revenue Bond Fund are various separate accounts to
be maintained by the City. The following
accounts may be established as sub accounts under an existing sub account of
the Sales Tax Revenue Fund.
9.3.2
Pledged Revenues.
Pursuant to the Act and the Sales Tax Ordinance, the City has levied the
Sales Tax on the sale, use, storage and consumption of items taxed under
Section 10-45 and 10-46 of South Dakota Codified Laws, subject to certain
exception. The proceeds of the Sales Tax
are irrevocably pledged and appropriated to, and shall be deposited to the
Sales Tax Revenue Bond Fund. The total
amount of Sales Taxes collected is referred to herein as the “Pledged
Revenues.” For purposes of this
Resolution, “Outstanding Bonds” shall mean these Bonds and any parity lien
bonds hereafter issued pursuant to this Resolution. The Pledged Revenues and the Sales Tax
Revenue Bond Fund shall be used and applied only in the manner and order
hereinafter set forth.
9.3.3
Construction Account. There is hereby created and established as an
account of the Sales Tax Revenue Bond Fund, a “Construction Account.” There shall be credited to the Construction
Account the proceeds from the sale of the Bonds remaining after payment of the
expenses of issuing the Bonds. All
moneys credited to the Construction Account shall be applied solely to the
payment of the costs of the Project. For
the purposes of this Resolution, “costs of the Project” shall include costs of
acquiring, construction and installing the Project including cost of labor,
services, materials and supplies, financial, architectural, engineering, legal,
accounting and other professional expenses relating to the Project, the costs
of acquisition of properties, rights, easements, or other interest in
properties, insurance premiums, and the costs of publishing, posting or mailing
notices in connection with the Project and Bond issuance costs. All sums derived from the investment of
moneys in the Construction Account shall remain in and become part of such
account. Upon completion of the Project
and when all costs of the Project have been paid, any balance remaining in the
Construction Account shall be credited to the Principal and Interest Account
hereinafter established.
9.4
Principal and Interest Account. There is hereby created and established as an
account of the Sales Tax Revenue Bond Fund, a “Principal and Interest Account
or Revenue Account.” Immediately upon
delivery of the Bonds, there shall be credited to the Principal and Interest
Account the amount of any accrued interest received from the Purchaser. Commencing on the first day of the month
following the month in which the Bonds are delivered to the Purchaser, there
shall be withdrawn from the Sales Tax Revenue Bond Fund, at least monthly and
credited to the Principal and Interest Account an amount which will equal at
least (one over the number of months between interest payments) the interest
becoming due on the next succeeding interest payment date with respect to the
Outstanding Bonds issued. Commencing on
the first day of the month following the month in which the Bonds are delivered
to the Purchaser, there shall be withdrawn from the Sales Tax Revenue Bond Fund
at least monthly and credited to the Principal and Interest Account, an amount
which will equal at least (one over the number of months between principal
payments) the principal becoming due on the next succeeding principal payment
date with respect to the Outstanding Bonds.
In al events there shall be credited to the Principal and Interest
Account amounts sufficient to pay the principal of and interest on the
Outstanding Bonds as the same become due.
9.5
Reserve Account.
Upon each monthly apportionment, there shall be set aside and credited
to the Revenue Account out of the Pledged Revenues an amount equal to not less
than one-twelfth of the total sum of the principal and interest to become due
within the then next succeeding twelve months on all Bonds. Moneys from time to time held in the Revenue
Account shall be disbursed only to meet payments of principal and interest on
Bonds as such payments become due; provided, that on any date when all
outstanding Bonds are due or prepayable by their terms, if the amount then on
hand in the Revenue Account, together with the balance then on hand in the
Reserve Account, is sufficient, with other moneys available for the purpose, to
pay all Bonds and the interest accrued thereon in full, it may be used for that
purpose. If any payment of principal or
interest becomes dues when moneys in the Revenue Account are temporarily
insufficient therefore, such payment shall be advanced out of any Pledged
Revenues theretofore segregated and then on hand in the Reserve Account, the
Replacement and Depreciation Account or the Surplus Account. In the event the sufficient moneys are not
available form the aforementioned sources, the City, to the extent it may at
the time legally do so, may, but shall not be required to, temporarily advance
moneys to the Revenue Account from other funds of the City on hand and legally
available for the purpose, but any such advance shall be repaid from Pledged
Revenues within 24 months.
9.6
Subordinate Lien Bonds. After making the above required payments, any
remaining Pledged Revenues shall be used for the payment of the principal of
and interest on any additional sales tax revenue bonds having a lien which is
subordinate to the lien of the Outstanding Bonds, and for a reserve fund as
additional security for the payment of such subordinate lien bonds.
9.7
Inter-fund Transfer. So long as the revenues from the Sales Tax
are sufficient to make all required deposits to the Principal and Interest
Account, the City may deposit the excess revenues from the Sales Tax to the
general fund or any other City fund as determined by the City and as permitted
by law and by other resolutions of the City.
9.8
Additional Bonds.
Nothing herein prevents the City from issuing additional bonds payable
from Sales Tax on a parity or subordinate basis.
9.9
Covenants of the City. The City hereby irrevocably covenants and
agrees with each and every holder of the Bonds that so long as any of the Bonds
remain outstanding:
9.9.1
It will not amend or repeal the Sales Tax Ordinance
relating to the Sales Tax by decreasing the Sales Tax rate or the allocation of
revenues thereof to the Sales Tax Revenue Bond Fund, or in any way that would
adversely affect the amount of Sales Tax Revenues which would otherwise be
collected and deposited to the Sales Tax Revenue Bond Fund. However, nothing shall prevent the City from
amending the Sales Tax Ordinance in order to make certain changes in the administration,
collection or enforcement of the Sales Tax, provided that such changes would
not materially adversely affect the owners of the Bonds.
9.9.2
It will administer, enforce, and collect, or cause to
be administered, enforced or collected; the Sales Tax authorized by the Sales
Tax Ordinance and shall take necessary action to collect delinquent payments in
accordance with law.
9.9.3
It will keep or cause to be kept, such books and
records showing the proceeds of the Sales Tax, in which complete entries shall
be made in accordance with standard principles of accounting, and any owner of
any Bond shall have the right at all reasonable times to inspect the records
and accounts relating to the collection and receipts of such Sales Tax.
9.9.4
In the event the Sales Tax of the City is replaced and
superceded by the state collected-locally shared sales tax or taxes, or is
replaced and superseded in some other manner from other source or sources, the
revenues derived by the City from the replacement source or sources, as
received by the City shall be appropriated in the same manner as if the City
had levied and imposed a sales tax. From
and after the date of a replacement, the Outstanding Bonds shall have a first
and prior lien, but not necessarily an exclusive lien, upon such replacement
revenues to the extent therein specified.
9.10.
Tax Matters; Certification of Proceedings and
Miscellaneous.
9.10.1.
Tax Matters.
Interest on the Bonds is taxable for federal income tax purposes to the
holder thereof.
9.11.
Certification of Proceedings. The officers of the City are authorized and directed
to prepare and furnish to the purchasers of the Bonds certified copies of all
proceedings and records of the City relating to the authorization and issuance
of the Bonds and such other affidavits and certificates as may reasonably be
required to show the facts relating to the legality and marketability of the
Bonds as such facts appear from the officer’s books and records or are
otherwise known to them. All such
certified copies, certificates and affidavits, including any heretofore
furnished, shall constitute representations of the City as to the correctness
of the facts recited therein and the action stated therein to have been taken.
9.12.
Resolution Becomes Effective Upon Passage. This Resolution shall become effective upon
passage.
Adopted:
Approved:
Published:
Jacobson duly seconded the motion for the adoption
of the foregoing resolution. All those
present voted in favor of and the resolution was declared passed & adopted.
Motion by Chaplin, second by Anders & carried
unanimously to approve change order #1 for the Mayer Avenue Extension Project,
which is a $947.33 decrease.
Motion by Chaplin, second by Anders & carried
unanimously to authorize the Mayor to sign the software license agreement and
related paperwork for the new Caselle software for the Engineering/Inspections
office.
Motion by Green, second by Jensen & carried,
with Chaplin abstaining, to authorize the addition of Mark Chaplin to the bank
account signature cards.
Motion by Green, second by Chaplin & carried
unanimously to declare an emergency and authorize obtaining quotes for
additional asbestos removal in the old library.
Motion by Green, second by Jacobson & carried
unanimously to authorize the liquor store to advertise for a part-time clerk.
Motion by Chaplin, second by Meland & carried
unanimously to approve the following travel matters: a) 2 Park Employees – SD Arborists
Association Conference in
Motion by Anders, second by Chaplin & carried
unanimously to approve the following new hire:
a) Zach Weyer – CC Front Desk, $6.00/hr, effective
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
There were no other matters.
Motion by Anders, second by Jensen & carried to
adjourn the meeting at
ATTEST: ______________________________ APPROVED:
___________________________
Pauline
Sumption, Finance Officer Sherry
Scudder, President