PROCEEDINGS OF THE STURGIS CITY COUNCIL – OCTOBER 2, 2006

 

The Common Council of the City of Sturgis met in regular session on Monday, October 2, 2006 at 7:30pm at the Sturgis Community Center.  Present:  Mayor Terry Jensen, Alderpersons Roger Call, Penny Green, Sherry Scudder, Pokey Jacobson, Mark Chaplin, Steve Anders & Bev Patterson.  Absent:  None.

 

Jensen extended the council’s sympathy to the family of Airport Manager Jerry Burnham in the death of his mother & to the family of Roger Schieman in the death of his daughter.  Also, congratulations to Burnham for his recent wedding.  A moment of silence was observed for the two families as well as those serving in the military.

 

City Attorney Keith Smit swore in Jensen as the new Mayor.

 

Mayor Jensen made the following announcements:  a) the Municipal League Annual Conference will be held in Spearfish October 3-6, 2006; b) Rob Symonds will have a construction trailer on Sherman Street at the Larry Wallace residence for approximately two months.

 

Motion by Chaplin, second by Jacobson & carried to approve the agenda as amended:  a) move 15 - Dean Wink prior to the updates; b) replace 14 “Rosco’z Sign Grievance” with “Sewer Line Charge”; b) add 14a “Mainline Contract Time Extension.”

 

Motion by Chaplin, second by Anders & carried to approve the minutes of the September 18, 25 & 29, 2006 council meetings.

 

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

Wages – Mayor and Council $7,412.15; Finance Office $15,263.91; Buildings $2,000.88; Engineering $7,949.65; Police $60,929.56; Fire Department $4,905.21; Streets $12,777.09; Street Cleaning $2,444.34; Cemetery $4,656.07; Community Center $22,122.33; Library $16,915.19; Auditorium $375.44; Parks $19,051.34; Ambulance $15,143.71; Liquor $7,721.39; Water $15,605.50; Wastewater $15,142.35; Sanitary Service $16,959.70; Rally $10,033.61; Police Rally $28.00; Fire Rally $630.00; Federal Withholding $20,961.78; FICA $37,951.56

            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 – BHP&L, $1,121.25, util; MDU, $694.06, util; Prairiewave, $2,356.37, util; Verizon, $1,323.99, util.

            PARK – BHP&L, $210.01, util; MDU, $10.50, util; Verizon, $45.03, util.

            AMBULANCE SERVICE – BHP&L, $523.82, maint; MDU, $20.15, util.

            LIQUOR – Prairiewave, $189.04, util.

            WATER SYSTEM OPERATIONS – BHP&L, $8,600.91, util; MDU, $10.50, util; Prairiewave, $354.69, util; Verizon, $181.18, util.

            WASTEWATER FACILITIES – BHP&L, $9.50, util; Verizon, $134.54, util.

            SANITARY SERVICE – Verizon, $45.03, util.

            RALLY – Verizon, $45.03, util.

            GENERAL – Amcon Distributing, $425.84, merch for resale; American Red Cross, $192.00, cc prog exp; ASCE/Memberships, $215.00, prof fees; Avaya, Inc., $48.26, util; Baker & Taylor, $511.03, sup; BH Industries, $3,490.00, cap imp; BHP&L, $749.50, util; Birdsall Sand & Gravel, $983.13, cap imp; Michelle Boehrs, $30.00, other; Borders, $23.52, sup; Jerry Burnham, $2,125.00, prof fees; Century Business Products, $29.84, maint; Kristy Cross, $30.74, refunds; Crossings, $57.94, sup; Crum Electric, $156.13, maint; Diesel Machinery, $224.25, maint; Energy Labs, $105.00, maint; Glock Professional, $150.00, travel; Hersrud, $64.40, maint; Hills Materials, $1,054.15, sup; Hillyard, $46.00, maint; Interstate All Batteries Center, $158.32, sup; LexisNexis Matthew Bender, $141.00, sup; Locks by Bernie, $26.50, maint; Lynn’s Dakotamart, $201.29, merch for resale; Meade Co Auditor, $1,137.16, util; Mobile Electronics Service, $270.66, sup; MDU, $30.85, util; Julie Moore, $110.48, travel; Morman Law Firm, $7,879.57, prof fees; Candy Morrell, $3,000.00, maint; Northern Hills Vet Clinic, $145.50, prof fees; Officemax Contract, $54.31, sup; Joel Ortiz, $45.00, other; Owens Interstate Sales, $6.20, sup; Pet Giant, $36.99, sup; Peterson Automotive, $198.56, maint; Pizza Hut, $134.30, other; Rapid City Journal, $465.80, publishing; Sam’s Club, $374.13, merch for resale; Sanitation Products, $742.80, maint; Chris Schrock, $30.00, cc prog exp; Science Fiction Book Club, $126.88, sup; SD Dept of Transportation, $9.00, sup; SD Law Review, $33.02, sup; SD Library Network, $3,502.25, maint; SDPRA, $220.00, travel; Speedy Lube, $80.34, maint; Temperature Technology, $1,089.29, maint; The Knuckle Saloon, $126.50, other; Twilight First Aid & Safety, $279.68, sup; United Way of the Black Hills, $90.00, other; Warne Chemical, $70.25, sup; Joey Weiland, $60.00, sup; Western Communications, $185.60, maint; Justin Weyer, $45.00, other; World Media Express, $295.59, sup.

            PARK – BHP&L, $570.82, util; Birdsall Sand & Gravel, $1,152.75, maint; Iverson Construction, $8,798.28, cap imp; Morman Law Firm, $60.39, prof fees.

            BRICK PROJECT FUND – Sam’s Club, $411.60, sup.

            LIBRARY BUILDING FUND – Steve Agan, $100.00, lib furn; Shawn Barrows, $50.00, lib furn; Karen Bridges, $100.00, lib furn; Ron Koan, $50.00, lib furn; Tom Trigg, $50.00, lib furn; Adam Weisz, $50.00, lib furn.

            AMBULANCE SERVICE – BH Technologies, $75.00, maint; DB Billing, $1,943.69, prof fees; Enning Propane, $385.00, util; Eula Mailloux, $57.42, amb charges; MDU, $30.85, util; Regional Health, $1,325.68, sup.

            MAYOR’S RIDE – Sturgis Volunteer Fire Dept, $25,000.00, other.

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

            CAPITAL IMPROVEMENT – Morman Law Firm, $216.00, cap imp.

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

            CAPITAL PROJECTS – Ainsworth Benning Construction, $216,511.00, cap imp.

            LIQUOR – Eagle Sales, $9,674.10, off sale beer; Fisher Beverage, $6,534.05, off sale beer; Frito-Lay, $23.16, snacks for resale; Heartland Paper, $192.10, sup; Johnson Western Wholesale, $28,200.35, off sale liquor; M&B Enterprises, $88.80, snacks for resale; Morman Law Firm, $24.00, prof fees; Nash Finch, $15.00, other; Prairie Berry, $615.00, off sale liquor; Sodak Distributing, $7,895.95, off sale liquor; Homeslice Group, $2,481.00, publishing; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – BHP&L, $2,741.34, util; Cetec, $7,500.00, prof fees; MDU, $10.50, util; Morman Law Firm, $168.00, prof fees; Russ Scheckel, $125.00, group ins.

            WASTEWATER FACILITIES – Cetec, $7,500.00, prof fees; Cretex Concrete Products West, $5,967.80, maint; Energy Labs, $301.00, prof fees; Hills Materials, $259.90, cap imp; Mainline Contracting, $107,319.99.

            SANITARY SERVICE – BH Technologies, $1,240.50, maint; Frontier Glass, $170.60, maint; Great Western Tire, $816.00, sup; Jay Johnson, $57.00, travel; Light & Siren, $394.80, maint; Morman Law Firm, $143.37, prof fees; New Deal Tire, $3,039.60, other; Qwest Communications, $43.57, util.

            RALLY – Meade County Housing, $1,545.00, other; Morman Law Firm, $1,200.00, prof fees; Sam’s Club, $186.38, sup; SD Electrical Commission, $2,700.00, prof fees; TDG Communications, $1,500.00, prof fees; Homeslice Group, $43.65, sup.

            TIF #7 LEGNER – Wells Fargo-Sturgis, $408.01, other.

            TIF #8 ALLISON II – First Western Bank, $715.82, other.

 

This was the time set upon application for a public hearing to vacate a portion of the cul-de-sac in the Industrial Park.  Motion by Green, second by Patterson & carried to continue this hearing at the October 16, 2006 council meeting.

 

This was the time set upon application for a public hearing for a use on review for Northern Hills Alcohol & Drug Services.  The Planning Commission approved this request.  Motion by Green, second by Patterson & carried to approve said use on review.

 

This was the time set upon application for a public hearing for a use on review for Dana Dietz, 1317 1st Ave., to operate a home daycare business at this location.  This application has been withdrawn.

 

Dean Wink, Meade County Commissioner, advised that the Commission had denied the request for fire department funding as they thought they would be setting a dangerous precedent.  Typically, the County uses Meade County Firefighters Association as a means to get funding to the rural fire departments.  Fire Chief Ron Koan has not requested money in the past because that would have taken funding away from the 15 rural stations.  Also, Piedmont & Black Hawk have fire districts & they thought this would equate to double taxation for fire protection.

 

Wink advised that there are some areas in which the county does cooperate with the city on and he hopes this will continue.  In fact, the county budgeted $40,000 for library operations in 2007 plus an addition $11,000 for computers, bike racks & skateboard racks.

 

City Engineer Bob Kaufman gave a brief update on the Library/Municipal Offices Complex.  The building is completed for the most part.  There is still a punch list of items that need to be completed but offices are operating as normal.

Kaufman gave a brief update on the Whitewood Service Road project.  The asphalt has been milled off and the contractor is starting the sewer extension at 14A and they will be going west.  The rough grading west of bridge is complete.  The detours around the box culverts have been removed and they are starting the concrete work.

 

Kaufman gave a brief update on the Lion’s Club Park gazebo/restroom construction.  The structural steel is up on the gazebo and the crew is close to putting the sheeting on.  The bathroom facility is completed.  The plumber is doing the last bit of piping and the stall partitions still need to be put up.

 

Public Works Director Randy Nohava gave a brief update on the Woodland Sewer Extension project.  The project is going good and the construction team is coming through Woodland Trailer Court.  They will be through the intersection at Junction Avenue within the next couple of days but the road will remain open.  The second crew is set to go through 7th St. within the next couple of days as well, so the residents of north Sturgis will need to detour over to 8th St.

 

Nohava gave a brief update on the Woodland Trailer Court.  Only 2 trailers remain.  After October 10, 2005, he will be able to destroy/move them.  The city will be crushing the old septic system at both the park and the trailer court.  The parks restrooms are hooked into the sewer system.

 

Nohava gave a brief update on the rubble site building.  It should be finished in the next week to do a walk through and come up with a punch list.  Then it will be ready for use.  The old buildings will come down once we get moved out.

 

Motion by Chaplin and second by Scudder to fill the ward one vacancy by taking applications and voting without interviews.  Applications will be accepted until October 20, 2006.  A letter shall then be sent to the applicants on October 23, 2006 acknowledging receipt of the application and notice that appointment of the position will take place during the November 6, 2006 council meeting.

 

Motion by Green, second by Patterson & failed, with only Green & Patterson voting yes, to amend the previous motion to allow for interviews to take place & to allow applicants and the public the right to speak if they choose to do so.

 

Motion by Anders, second by Jacobson & carried unanimously to amend the original motion to allow up to 5 minutes for the each applicant to introduce themselves and to explain why he or she wants to be the Ward 1 Alderperson.

 

The vote was then taken on the original motion as amended.  All those present voted in favor of.  Motion carried.

 

Motion by Chaplin, second by Anders & carried unanimously to set the sewer line charge at $5,000 per line as it applies to the following projects:  Whitewood Service Road, Murray Addition trunk extension (should it pass) & Woodland Sewer Extension.

 

Motion by Green, second by Call & carried unanimously to approve a 7-day time extension for the Woodland Sewer extension project.

 

Motion by Scudder, second by Green & carried, with Anders voting no, to approve the request of the Sturgis Center for the Arts for $500 to help fund the Christmas carolers for the 2006 holiday season.  This money will be paid out of the Special Sales Tax fund as City promotion.  The carolers will perform at various events at no charge.

 

Motion by Chaplin, second by Jacobson & carried unanimously to set a public hearing date of October 16, 2006 to transfer the liquor license of B&B Building & Contracting, Inc., dba Gunner’s Lounge, 1006 Main St., to Gunner’s Lounge, LLC, dba Gunner’s Lounge, 1006 Main St.

 

Motion by Chaplin, second by Jacobson & carried to approve the following special events licenses:  a) Hatzenbuhler/Kaufman wedding reception at the Armory on October 21, 2006 and to be served by the Nite Owl; b) going away party at the Armory on October 8, 2006 and to be served by Gunner’s Lounge.

 

Motion by Chaplin, second by Green & carried to approve the following mayoral appointments to the library board for 3-year terms:  Ken Howell, Terry Hermann & Lee Hansen.

 

This was the time set to award the bid on the adult softball complex fencing project.  Only one bid was received and it was from The Fence Connection in the amount of $22,681.00.  Motion by Patterson, second by Anders & carried unanimously to approve said bid.

 

Motion by Chaplin, second by Patterson & carried unanimously to authorize a change bank fund for the flag football concession stand.

 

Motion by Chaplin, second by Patterson & carried unanimously to authorize the Mayor to sign an easement agreement with BHP&L for Strong Field.

 

Motion by Chaplin, second by Patterson & carried unanimously to approve first reading of Ordinance 2006-21 – Supplemental Appropriations for the Library.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the contract with Dakota Back-up for off-site backup/storage of the electronic files of the Finance Office and to authorize the Mayor to sign said contract.

 

Motion by Patterson, second by Chaplin & carried unanimously to terminate the Smart Center.

 

Motion by Anders, second by Patterson & carried unanimously to approve the travel of Peggy Kinney, Lance Stansbury, Mike Plaggemeyer & Bob Moser to the EPA National Conference in Dallas, TX, October 21-24, 2006.

 

Motion by Green, second by Chaplin & carried unanimously to establish a brokerage account at Edward Jones for the receipt transfer of stock as a library gift.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the following new hire:  Scottie Bruch – Assistant Library Director, $28,000/yr, effective 10/2/2006.

 

OTHER MATTERS THAT MAY COME BEFORE COUNCIL

 

Patterson reminded everyone to vote tomorrow (October 3, 2006) for the school bond election.

 

Green requested that the council support a “no” vote on amendment E.

 

Jack Hoel wanted to clarify that visibility is not a problem when it comes to half-mile motorcycle races at the fairgrounds.  It had been fine for 60+ years and it only became a problem when trailers, etc were allowed to park in the pit area.  Also, a good promoter knows how to treat the track to draw moisture during the daytime races.

 

Mary Wood-Fossen thanked the council for supporting Northern Hills Drug & Alcohol’s project.

 

Motion by Anders, second by Chaplin & carried to adjourn to executive session for the purpose of contract issues.

 

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

 

Motion by Jacobson, second by Chaplin & carried unanimously to authorize City Attorney Smit to send the City’s 60 days notice to TDG Communications notifying them of the City’s desire to terminate the contract with them.

 

Motion by Anders, second by Chaplin & carried to adjourn the meeting at 8:38pm.

 

ATTEST: _____________________________ APPROVED: ____________________________

            Pauline Sumption, Finance Officer                              Terry Jensen, Mayor