PROCEEDINGS OF THE STURGIS CITY COUNCIL – NOVEMBER 5, 2007

 

The Common Council of the City of Sturgis met in regular session at 7:30 p.m. on Monday November 5, 2007 at the Sturgis Community Center.  Present:  Mayor Maury LaRue, Aldermen Steve Anders, Roger Call, Mark Chaplin, Tom Ferguson, David Hersrud, Jamey McVay, Sherry Scudder and Bernadette Usera. Absent: None

 

Mayor LaRue led everyone present in the Pledge of Allegiance.

 

Mayor LaRue made the following announcements:

 

Ø      Holiday Open House at the Sturgis Community Center on November 15, 2007

Ø      Wine tasting at the Sturgis Liquor Store on November 16, 2007

Ø      Festival of Lights on November 30, 2007

Ø      Scarecrow decorating in coordination with Meade 46-1 School District, Sturgis Parks Department and the Sturgis Community Center.  Scarecrows will be displayed at the Community Center

Ø      ACEC Merit Award for Flood Insurance Rate Maps given to the City

Ø      The Mayor asked that people be diligent about keeping rubble and other items away from their homes in case of fire, as this can hamper the fireman’s ability to fight fire

Ø      Veterans Day will be celebrated at the Vet’s Club starting at 10:00 AM

Ø      November and December will be food for fines;  donations of non-perishable food or cash contributions for the food bank will be taken  

 

 Motion by Chaplin, seconded by Anders and carried to approve the agenda with the following  addition: Executive Session for Contracts

 

Motion by Scudder, seconded by Chaplin and carried to approve the minutes from the last regular meeting held on October 15, 2007.

 

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

Wages – Mayor and Council $6,416.64; Finance Office $15,684.66; Buildings $2,304.79; Engineering $7,578.20; Police $61,736.09; Fire Department $5,280.56; Streets $14,678.91; Street Cleaning $2,783.53; Cemetery $3,342.07; Community Center $27,093.98; Library $20,401.17; Auditorium $560.86; Parks $19,983.99; Ambulance $16,057.08; Liquor $8,056.30; Water $22,612.69; Wastewater $15,386.01; Sanitary Service $18,419.13; Rally $9820.40; Federal Withholding $23,083.62; FICA $41023.56

            Transfers Out  – General Fund $36,816.67; Capital Impr $8,333.33; UDAG $2,500.00; Liquor $6,250.00; Wastewater $675.00; Sanitation $4841.67

            Transfers In – Parks $36,816.67; General Fund $7600.00; Capital Improvements $4,166.67; Community Projects $8,333.33; Revolving Loan Fund $2,500.00

GENERAL – A&B Business, $126.63, sup; Amcon Distributing, $541.55, merch for resale; Gary Anderson, $83.33, group ins; Associated Supply Co, $359.65, maint; Avaya, $48.26, util; Baker & Taylor, $499.89, sup; William Barff, $250.00, group ins; Ann Bertolotto, $20.00, travel; Best Western Ramkota Inn, $825.00, travel; BH Chemical, $1,050.60, sup; BHP&L, $781.21, util; BH Technologies, $1,980.00, sup; Birdsall Sand, $270.51, sup; Tyrel Boettcher, $20.00, cc prog exp; Border States Electric, $836.93, maint; Fay Bueno, $20.00, travel; Jerry Burnham, $2,212.50, prof fees; CCI Solutions, $92.16, sup; City of Belle Fourche, $3.20, prof fees; City of Sturgis Water Dept, $1,143.50, util; Dakota Backup, $13.97, prof fees; Demco, $66.35, sup; Ecolab, $363.00, maint; Energy Labs, $70.00, maint; Farmer Brothers Co, $63.67, merch for resale; Farmers Union Oil, $160.30, sup; Foothills Seed, $462.56, sup; Darrel Fritts, $30.00, other; Gaylord Brothers, $507.51, sup; HW Wilson, $440.00, sup; Hauff Mid-America Sports, $333.75, cc prog exp; Aaron Helvig, $20.00, cc prog exp; Hills Materials, $3,724.78, sup; Hillyard, $587.93, sup; Inland Truck Parts, $33.24, maint; Integrity Sheet Metal, $111.64, sup; Jacobson First Western Ins., $526.00, ins; JB’s Computers, $65.00, maint; Tyler Jensen, $90.00, cc prog exp; Stuart Johnson, $40.00, cc prog exp; Holly Kaufman, $30.00, other; Robert Kaufman, $30.00, travel; Peggy Kinney, $83.33, group ins; Chris Koletzky, $20.00, cc prog exp; Maury LaRue, $17.73, travel; Lynn’s Dakotamart, $113.59, sup; Zac Massa, $80.00, cc prog exp; MDU, $68.96, util; Morman Law Firm, $4,228.24, prof fees; Candy Morrell, $3,068.80, maint; Natl Tactical Officers Assn, $150.00, sup; North Central Supply, $245.35, sup; Penworthy Company, $190.03, sup; Pitney Bowes-Finance, $99.00, rent; Pneudart, $112.05, prof fees; Prairiewave, $371.33, util; Rapid City Journal, $15.00, publishing; Scott Rovere, $27.00, travel; Kyle Royer, $80.00, cc prog exp; Rushmore Communications, $288.00, maint; Safety Benefits, $110.00, travel; Sam’s Club, $1,075.07, sup; Sand Creek Printing, $196.50, sup; Science Fiction Book Club, $32.46, sup; SD Municipal League, $45.00, travel; Bryon Spartz, $250.00, group insurance;                                                                                                                      

Sturgis Tire, $82.45, maint; Sturgis Volunteer Fire Dept, $71,773.00, federal grants; Tom’s T’s, $1,444.00, sup; Town-n-Country Plumbing, $60.67, maint; Twilight First Aid Safety, $217.05, sup; Tanner Urbaniak, $60.00, cc prog exp; Vanway Trophy, $625.00, cc prog exp; Bob Walker, $250.00, group ins; Weimer’s Diner, $54.00, other; Cheryl Weisz, $250.00, group ins; West River Electric Assoc, $351.33, util.

            PARK – Gary Anderson, $83.33, group ins; BHP&L, $446.16, util; City of Sturgis Water Dept, $933.07, util; Eugene Stock, $250.00, group ins.

            BRICK PROJECT FUND – Robert Sharp & Assoc, $183.38, sup.

            LIBRARY BUILDING FUND – Karen’s Design Works, $3,500.00, library furnishing.

            AMBULANCE – City of Sturgis Water Dept, $45.50, util; Bernice Compton, $84.58, amb charges; Dakota Backup, $13.96, prof fees; DB Billing, $2,389.08, prof fees; Ecolab, $45.00, maint; Prairiewave, $45.97, util; Regional Home Medical Equip, $296.00, sup; Suds & Duds, $187.68, sup; West River Electric Assoc, $19.91, util.

            MAYORS RIDE – Sturgis Volunteer Fire Dept, $30,000.00, other.

            SPECIAL SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $7,500.00, industrial development.

            CAPITAL IMPROVEMENT – Brosz Engineering, $912.50, cap imp; Bruch Trust #9, $37,576.00, cap imp; Heavy Constructors, $57,572.79, cap imp; Bruch Trust #9, $2,500.00, cap imp.

            LIQUOR – City of Sturgis Water Dept, $316.50, util; Clinton Dunker, $50.00, travel; Eagle Sales of the BH, $18,311.90, off sale beer; Ecolab, $31.00, maint; Fisher Beverage, $11,115.82, off sale beer; Frito Lay, $24.64, snacks for resale; Heartland Paper, $234.20, sup; Johnson Western Wholesale, $41,438.02, off sale liquor; Menard’s, $114.70, maint; Nash Finch, $45.00, other; Republic Beverage Co, $19,808.96, off sale liquor; Rushmore News, $69.08, snacks for resale; Sam’s Club, $47.26, sup; Sand Creek Printing, $150.50, sup; The Homeslice Group, $2,583.50, prof fees; Valiant Vineyard, $235.00, off sale liquor; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – A to Z Shredding, $306.14, sup; Gary Anderson, $83.34, group ins; BHP&L, $1,407.43, util; City of Sturgis Water Dept, $51.00, util; Heavy Constructors, $6,829.88, cap imp; MDU, $10.85, util; Candy Morrell, $380.25, maint; Rockhurst College Ed. Center, $381.95, travel; Safety Benefits, $55.00, travel.

            WASTEWATER FACILITIES – A & J Surplus, $172.48, maint; A to Z Shredding, $306.13, prof fees; BHP&L, $1,743.38, util; Bierschbach Equipment, $104.00, maint; Birdsall Sand, $549.13, maint; Chain Saw Center, $92.95, maint; City of Sturgis Water Dept, $45.46, util; Environmental Dynamics, $4,352.96, maint; Hach, $30.35, maint; Heavy Constructors, $6,829.89, cap imp; Kimball Midwest, $184.39, sup; Peggy Kinney, $83.34, group ins; Morman Law Firm, $180.00, prof fees; Candy Morrell, $250.00, maint.

            SANITARY SERVICE – A&B Welding, $79.69, maint; A to Z Shredding, $306.13, prof fees; Dakota Backup, $54.34, sup; Diesel Machinery, $17,764.08, maint; Frontier Glass, $272.23, maint; Peggy Kinney, $83.33, group ins; Lawson Products, $81.97, sup; Morman Law Firm, $156.00, prof fees; Candy Morrell, $250.00, maint; Qwest, $46.82, util; Rapid City Journal, $180.00, publishing; SD Dept of Health, $10.00, sup.

            RALLY – Norma Allen, $75.00, travel; BH Technologies, $1,215.00, maint; Morman Law Firm, $3,543.47, prof fees; Candy Morrell, $250.95, maint; Pizza Ranch, $22.98, sup; Robert Sharp & Assoc, $73.00, sup; SD Dept of Health, $4,125.00, prof fees; Sturgis Rally Charities Foundation, $16,175.00, rally sponsorship; Tom’s T’s, $900.00, sup; Brenda Vasknetz, $250.00, group ins.

            TIF #8-ALLISON II – First Western Bank, $2,195.20, other      

           

This was the designated time for committee reports:

v      Public Safety—The banquet was held in recognition of the Volunteer Fireman

v      Public Works—Bid for brush chipper, ADA report and FEMA classes        

v      Community Center—Nothing to report

v      Liquor—Nothing to report

v      Legal and Finance—Discussion on different issues

v      Rally—Next meeting November 8, 5:30 p.m., City Hall upstairs meeting room

v      Park Board—Working on Ponies ballfield

v      Planning Commission— Nothing to report

v      Library Board—Food for fines

v      Airport Board—Nothing to report

 

Bob Kaufman presented a list to the council of uncompleted items for a preliminary plat for Lots 1, 2 and 3 Block 1 of Sunnyslope Subdivision, owner Russ Ficek.  Kaufman felt that it is piece of raw ground and that the platting should be done according to the Cities subdivision regulations.

 

 

                                                                                                                   

Rick Bush, representing Russ Ficek, was present to discuss the preliminary plat.  Bush pointed out that Lot 1 has access by Joedy Street, Lot 2 has access by Eve Street and Lot 3 has access from 7t Street, so no curb and gutter should be required.  The property will not be high density, due to the location.  He felt that by splitting the one lot into 3 different lots that it would increase the assessed value.  

 

Bush stated that the lot is not in compliance due to the two homes that are located there.

 

The question of sufficient infrastructure was brought up.  There will be a long service line for water and sewer to lot 2.

 

Kaufman’s recommendation was to not approve.

 

Motion by Anders, seconded by Scudder and failed, with members Anders, Call, Chaplin, Ferguson, Hersrud, Scudder and Usera voting nay and McVay voting yes to take the previous motion to approve the preliminary plat for Lot 1, 2, and 3 of Sunnyslope Addition.

from October 15, 2007 off the table.

 

Motion by Call, seconded by Ferguson and carried to approve the Use on Review Application for a daycare for Corrina Ross at her residence of 1844 Park Avenue.

 

Motion by Anders, seconded by Chaplin and carried to approve a variance request for Roger Bruse for side and rear yard setback to build a garage at 810 Howard Street.

 

Motion by Hersurd, seconded by Chaplin and carried to approve a variance request for Dean Baldwin for a side yard setback to build a garage at 1542 Meade Avenue.

 

Motion by Chaplin, seconded by McVay and carried to approve the Use on Review Application for Melissa Rock for a daycare in her residence at 2209 Pipestone Drive.

 

Motion by Chaplin, seconded by Anders and carried unanimously to approve second reading of Ordinance 2007-38, “Ordinance amending title 9, Chapter 9.04, Section 9.04.11 – Fireworks” The ordinance reads as follows:

 

ORDINANCE 2007-38

ORDINANCE AMENDING TITLE 9, CHApter 9.04,

 SECTION 9.04.11 fireworks

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that the current  TITLE 9, CHApter 9.04, SECTION 9.04.11 fireworks shall be amended as follows:

 

Any prohibition or limitations of firework use within the City shall not apply to any pyrotechnic professional igniting fireworks in conjunction with a valid fireworks display which complies with NFPA 1123 and as specifically authorized in writing by the Fire Chief and the City Council. 

 

Dated this  5th day of November, 2007.

 

First reading:  10-15-07

Second reading:  11-05-07

Adopted:  11-05-07

Published:  11-17-07

Effective:  12-08-07

 

Motion by Scudder, seconded by McVay and carried unanimously to approve second reading of Ordinance 2007-39, “An Ordinance amending ordinance 2006-20 Annual Appropriations for the year 2007 – Library”.  The ordinance reads as follows:

Ordinance No. 2007-39

AN ORDINANCE AMENDING ORDINANCE NO. 2006-20 ANNUAL APPROPRIATIONS FOR THE YEAR 2007 OF THE CITY OF STURGIS, MEADE COUNTY, SOUTH DAKOTA

 

            BE IT ORDAINED by the Common Council of the City of Sturgis, Meade County, South Dakota, that ordinance 2006-20 be amended so that the following amounts are hereby appropriated to meet the obligation of the municipality for the year 2007.

                                   

                                                                                                             

 

 

General Fund – Library                                                                         

 

                 4110                       Salaries                                   $20,735.00

     4120                       OASI                                1700.00

     4140                       Retirement                        1330.00

     4150                       Insurance                        2317.00

    4250              Repairs                                 500.00

     4260                       Supplies                           2016.00

     4270                       Travel                                200.00

     4280                       Utilities                                          400.00

 

                

            TOTAL                                                $29,198.00

           

Adopted this 5th day of November 2007.

 

                                                                       

First reading:  10-15-07

Second reading:  11-05-07

Adopted:  11-05-07

Published:   11-17-07

Effective:  12-08-07

 

Motion by Ferguson, seconded by Scudder and carried, with Anders, Chaplin, Ferguson, Hersrud and Scudder voting yes, McVay and Usera voting no and Call abstaining, to approve the transfer of a Retail Malt Beverage License from Junction Avenue Properties to Shifters Holdings, LLC.

 

Motion by Ferguson,, seconded by Chaplin and carried, with Anders, Chaplin, Ferguson, Hersrud and Scudder voting yes, McVay and Usera voting no and Call abstaining, to approve transfer of a Retail Malt Beverage License from Al’s Swap Shop (Allan Rosenfeld) to Big Al’s Swap Shop (Glenn G. Bailey)

 

Motion by Call, seconded by Ferguson, and carried to approve purchasing a 4x4 Police Vehicle from State bid for $23,300, to be paid for out of the 2008 budget.

 

Motion by Call, seconded by Scudder, and carried to change the raffle date for Sturgis Center for the Arts from October 27 to November 15.  This is for a Tony Hill guitar.

 

Motion by Chaplin, seconded by Anders, and carried to approve first reading of Ordinance 2007-40 – “Amending Title 7 – City Government”.

 

Motion by Scudder, seconded by McVay, and carried to approve Change order #2, final quantities for a decrease of $53,397.85 for the Whitewood Service Road Project.

 

Motion by Scudder, seconded by Ferguson, and carried to approve the Mayor’s re-appointment of Dan Mayer and Keith Smit to the Northern Hills Regional Railroad Authority.

 

Motion by Scudder, seconded by Chaplin, and carried to approve a raffle request from Sturgis Veterans Club – two- ½  hogs – 2 drawings to be held on Dec. 21, 2007.

 

Chaplin introduced the following written resolution and moved its adoption:

 

RESOLUTION 2007-29

RESOLUTION ON ANNEXATION OF SIEC PROPERTY

 

            WHEREAS Sturgis Industrial Expansion Corporation has filed a Petition for Annexation with the City of Sturgis; and

 

            WHEREAS said Petition has been executed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the City of Sturgis; and

 

WHEREAS said real property set forth in the Petition is contiguous to the City of Sturgis; and

 

            NOW THEREFORE BE IT RESOLVED that this Resolution of Annexation shall become effective upon the passage of this Resolution and the publication of the same.

                                                                                                           

            BE IT FURTHER RESOLVED that upon such approval that the following described real property shall be annexed to the City of Sturgis:

 

Lot S.B-3 of the Southwest Quarter of the Northeast Quarter of Section 6, Township 5 North, Range 5 East of the Black Hills Meridian, Meade County, South Dakota, as shown on the plat filed in Plat Book 8 on Page 30.

 

            Adopted this 5th day of November, 2007.

 

Anders 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, seconded by Ferguson, and carried to authorize the Mayor to sign the agreement with Ecolab Pure Comfort Pool Systems.

 

Motion by McVay, seconded by Chaplin, and carried to authorize the Mayor to sign the Memorandum of Understanding regarding Holland/Bodman access road.

 

Motion by Call, seconded by Anders, and carried to authorize the finance officer to advertise for bids for a 2008 Brush Chipper, with bids to be opened on November 27, 2007 and award the bid on December 3, 2007.

 

Motion by Chaplin, seconded by McVay, and carried to approve the following New Hires and Wage Adjustments: Travis Greenwald – SCC Lifeguard - $6.25,  Brad Olson – Mechanic/Welder at 103 position, community Service worker: Catherine Harris as of 10-26-07.   Leah Hinker wage increase from $6.50 to $6.75 (Community Center front desk) Regina Tobar wage increase from $6.25 to $6.50  (Community Center front desk)

 

Motion by Usera, seconded by Scudder, and carried to approve the following Travel:

Brent Tungesvik – Enforcement Motorcycle Instructors Course – Dec 4-6 – Tuition/Rental Car.  Pepper Massey and Ronda Gusinsky – V-Twin Show in Cincinnati on Feb 1-4 2008.  Pepper Massey and Ronda Gusinsky – Daytona Bike Week in March 2008.  Fay Bueno, Jeanie Shyne and Eric Tibbetts – Safety and Loss Control Training – Mitchell – Nov.  14-15.

 

ANY OTHER MATTERS THAT MAY COME BEFORE COUNCIL

 

Council member Usera explained why she voted no on the malt beverage transfers, she would like to have the City own the licenses and lease them back to the bar owners.  Mayor LaRue said that he would talk with the council and would form a committee to look into this possibility.

 

Mayor LaRue presented a check to the Sturgis Fire Department for $30,000 from the Mayor’s Ride held during the Rally.

 

Fire Chief Ron Koan thanked everyone for their support and felt that the Mayor’s Ride was very good for the community and the participants in the Mayor’s Ride was very generous.

 

Mark Bishop had concerns about allowing the public to shoot off fireworks during the 3rd and 4th of July.  He felt it should be left to the professionals.

 

Motion by Chaplin, seconded by Anders, and carried to go into executive session for contracts at 8:44 PM.

 

Motion by Scudder, seconded by Call, and carried to come out of executive session at 8:55 PM.

 

Motion by Anders, seconded by McVay, and carried to adjourn the meeting at 9:00 pm.

 

 

ATTEST: ___________________________ APPROVED: ______________________________

               Fay Bueno, Finance Officer                                   Maury LaRue, Mayor