PROCEEDINGS OF THE STURGIS
CITY COUNCIL – NOVEMBER 6, 2006
The Common Council of the City of
Mayor Jensen made the following announcements: a) get out and vote tomorrow, November 7,
2006; b) a moment of silence was observed for our men & women serving in
the armed forces; c) the City Christmas party will be held on Friday, December
15, 2006 from 1-3pm at the Community Center; d) we will be opening the 1964
time capsule sometime after the first of the year.
Motion by Chaplin, second by Scudder & carried
to approve the agenda with the removal of the personnel executive session.
Motion by Anders, second by Chaplin & carried to
approve the minutes of the October 16, 2006 council meeting.
Motion by Jacobson, second by Patterson &
carried unanimously to approve the following wages, transfers & claims:
Wages –
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
Accounting
Street
Overlay Out – Sanitation $4,166.67
GENERAL – BHP&L, $993.07, util; MDU, $1,029.93, util;
Prairiewave, $269.44, util; Verizon, $1,297.09, util.
PARK – BHP&L, $176.16, util; MDU, $133.54, util;
Prairiewave, $126.75, util; Verizon, $44.89, util.
AMBULANCE
SERVICE – Alltel, $30.31, util;
BHP&L, $454.52, util; MDU, $83.49, util.
LIQUOR – MDU, $10.56, util.
WATER SYSTEM
OPERATIONS – BHP&L, $5,834.55,
util; MDU, $19.94, util; Prairiewave, $222.96, util; Verizon, $183.30, util.
WASTEWATER
FACILITIES – BHP&L, $9.50, util;
Verizon, $137.31, util.
SANITARY
SERVICE – Verizon, $44.89, util.
RALLY – Prairiewave, $402.61, util; Verizon, $44.89, util.
GENERAL FUND – 2XL Corp, $224.94, sup; 54 Printing, $340.00, sup;
A&J Surplus, $690.80, sup; Amcon Distributing, $648.12, merch for resale;
American Red Cross, $69.00, cc prog exp; Gary Anderson, $140.00, maint; APWA,
$208.00, travel; Associated Supply, $370.00, sup; Avaya, Inc., $48.26, util;
Baker & Taylor, $218.85, sup; Baldwin Cooke, $110.98, sup; BH Chemical,
$603.72, sup; BH Elevator, $102.04, maint; BH Jerkey, $96.00, merch for resale;
BHP&L, $676.12, util; BH Technologies, $150.00, maint; Birdsall Sand &
Gravel, $236.38, sup; Michelle Boehrs, $30.00, other;
PARK
– BHP&L, $678.14, util; City of Sturgis Water Dept, $501.38, util;
Finance Office petty Cash, $5.00, other; Morman Law Firm, $599.98, cap imp.
BRICK
PROJECT FUND – Hebron Brick, $363.60, merch for resale.
LIBRARY
BUILDING FUND – BH Technologies, $15,451.00, library furnishing; Thrivent
Financial, $3,134.50, library furnishing.
AMBULANCE
SERVICE – Alliance Medical, $986.48, sup; City of Sturgis Water Dept,
$34.30, util; Dataform, $102.13, sup; DB Billing, $1,880.04, prof fees;
Emergency Medical Products, $3,926.00, sup; Integrity Ford, $66.36, maint;
Interstate All Batteries Center, $58.91, sup; Milt’s Cleaning, $42.00, maint;
MDU, $55.51, util; John Murphy, $110.00, travel; Prairiewave, $44.48, util; Bob
Siedschlaw, $95.00, travel; Kent Stenson, $115.00, travel.
SPECIAL
SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $6,416.67,
industrial dev; Sturgis Center for the Arts, $500.00, city promotion.
CAPITAL
IMPROVEMENT – Brosz Engineering, $29,032.50, cap imp; Heavy Constructors,
$418,749.31, cap imp; Hills Materials, $94,387.06, cap imp.
SPECIAL
SANITATION – Morman Law Firm, $86.34, prof fees.
UDAG
– SIEC, $2,750.00, industrial dev.
CAPITAL
PROJECTS – Ainsworth Benning Construction, $290.00, cap imp; Freeman
Electric, $600.00, cap imp.
LIQUOR
– City of Sturgis Water Dept, $290.00, util; Eagle Sales of the BH, $9,222.37,
off sale beer; Ecolab, $25.50, maint; Fisher Beverage, $7,142.65, off sale
beer; Frito-lay, $36.57, snacks for resale; Heartland Paper, $170.00, sup;
Johnson Western Wholesale, $27,850.25, off sale liquor; M&B Enterprises,
$53.70, snacks for resale; Nash Finch, $5,401.28, merch for resale;
Prairieberry, $630.00, off sale liquor; Prairiewave, $189.77, util; Rushmore
News, $50.05, snacks for resale; S. Ellwein, $217.36, merch for resale;
Servall, $132.57, maint; Sodak Distributing, $13,762.10, off sale liquor;
Homeslice Group, $3,010.90, prof fees; Wells Fargo merchant Services, $7.50,
other.
WATER
SYSTEM OPERATIONS – BHP&L, $476.01, util; Butte Electric, $183.60,
util; City of Sturgis Water Dept, $70.00, util; MDU, $12.06, util; Prairiewave,
$152.34, util.
WASTEWATER
FACILITIES – A&B Business, $115.17, maint; Aries Industries, $194.62,
maint; BHP&L, $1,690.10, util; Birdsall Sand, $338.00, maint;
SANITARY
SERVICE – A&J Surplus, $145.50, maint; Birdsall Sand, $128.00,
buildings; Brosz Engineering, $3,650.00, cap imp; Hills Materials, $1,495.93,
buildings; Iverson Construction, $24,335.00, buildings; Kelly Inn, $189.00,
travel; Meade County Weed, $1,477.39, other; Morman Law Firm, $408.00, prof
fees; Qwest Communications, $43.44, util; Rapid City Journal, $180.00,
publishing; Bryon Spartz, $250.00, group ins; Stern Oil, $559.00, sup; Sturgis
Sawmill, $2,096.64, buildings; Sturgis Tile Co, $25.00, buildings.
RALLY
– BH Harley Davidson, $696.00, maint; Dakota Steel, $2,499.00, sup; Farmers
Union Oil, $43.80, sup; Loud American Roadhouse, $48.65, sup; Morman Law Firm,
$617.27, prof fees; Outsource Solutions, $41.54, sup; Sam’s Club, $130.22, sup;
SD Office of Tourism, $75.00, city promotion; TDG Communications, $1,500.00,
prof fees.
2002
SEWER BOND FUND – Wells Fargo Brokerage Services, $35,552.34, interest.
COMM
CENTER CHILDREN’S FUND – Community Center, $210.00, other.
Motion by Chaplin, second by Green & carried to
set a public hearing date of December 4, 2006 for the following applications
for a zoning variance:
Ø
JoEllen McCuan –
Ø
Dana Walker –
City Engineer Bob Kaufman gave a brief update on the
Whitewood Service Road project. If the weather
holds, the contractor is scheduling to pave on the west end later this week. They do have a little grading left to do
first. Also, the bridge deck is expected
to be poured later this week. On the east
end, the storm sewer has been completed and they are working on the last part
of the sewer extension.
Parks Director Gene Stock gave a brief update on the
Lion’s Club restrooms and gazebo. The
restrooms are done with the exception of the drinking fountain and the gazebo should
be done by the end of the week. The only
things remaining after that will be the sidewalks, retaining walls and
irrigation.
City Engineer Kaufman gave the final update on the
This was the time set to appoint someone to serve
out the Ward I vacancy. Three
applications were received: Duayne
Rhoden, Merle Boy & Tom
Rhoden advised that he has always been interested in
city government; the City needs to move forward and make good decisions on
behalf of the citizens; he works well with others; he has learned to listen
instead of talking; he has no axe to grind; he is a hands-on guy who likes to
help get problems solved; the city needs to continue working on the rally every
year to see what really works.
Boy advised that he has always been involved in government
programs one way or the other; it is always enjoyable to serve the people; enjoys
working with the citizens, council and the state; Ward I has a lot of
undeveloped land and the council needs to make sure it gets developed properly
and he would like to be involved with this; there are many rally lots that need
to be used the other 11 months out of the year.
A paper ballot vote was taken with the following
votes being received: Merle Boy – 0;
Duayne Rhoden – 1; Tom Ferguson – 5.
Motion by Green, second by Scudder & carried to
approve the street closures for the Parade of Lights on December 1, 2006. The parade starts at
This was the time set to hear the appeal from Jodi
Harris, owner of Back to Nature, regarding the special sanitation fee that was
assessed to her water bill. Public Works
Director Randy Nohava advised that anyone that sells food/beverages during the rally
gets charged this fee to help cover the costs of porta potties, street
cleaning, etc. The Public Works Committee
denied Harris’s request to waive this fee as it is required per the City
Ordinance.
Harris advised that she loses about 98% of her customers
during the rally. This fee has been waived
since 2002. She has less garbage during
the rally and did not receive anything extra.
City Attorney Keith Smit advised that the city ordinance
specifically states that if the business holds a state health license, the city
must charge the extra fee. The council
must respond in writing within 20 days of this hearing.
Motion by Green, second by Scudder & carried to
postpone a decision until November 20, 2006 so that they will have time to
consider all of the facts.
Stepping Stones Daycare presented a request to conduct
a raffle. However, they do not qualify
under the state statutes or city ordinances.
Therefore, no action was taken.
This was the time set to award the bid for the
2007-2009 cleaning contract. Only one
bid was received from Candy Morrell for $4,200/month, $4,300/month and
$4,400/month, respectively. Motion by
Chaplin, second by Anders & carried to send this back to the Public Works
committee for a recommendation as not all members were present at the committee
meeting.
This was the time set to award the bids for 2007
propane, fuel & concrete. The
following bids were received:
Cenex –
Propane
$.50/pound to be filled at Cenex, 2030 Lazelle
Bulk propane – terminal price + freight (.061274)
for product delivered out of
Birdsall
Sand & Gravel
M-6 Concrete $
90.00/cu yd
4000#psi Concrete $
87.50/cu yd
Cold Weather Service $ 4.00/cu yd
Fibermesh $ 6.50/cu yd
Accelerator (1% Equiv) $ 3.25/cu yd
Type III Cement $ 4.00/cu yd
Min Load Charge $
65.00 ¼ - ¾ cu yd
$
50.00 1-1 ¾ cu yd
$
35.00 2-2 ¾ cu yd
Concrete Pump Rental:
28 or 32 meter $125.00/hr
34 Meter $130.00/hr
37 Meter $135.00/hr
39 Meter $145.00/hr
Plus Volume $ 2.75/cu yd
Cenex –
Fuel
Non-leaded Gasoline $1.892/gal
Super non-leaded $1.916/gal
#2 Clear Diesel $2.252/gal
#1 Clear Diesel $2.375/gal
#2 Dyed Diesel $2.035/gal
#1 Dyed Diesel $2.218/gal
Motion by Chaplin, second by Anders & carried
unanimously to award the bids as received (only one bidder per item).
This was the time set to award the bid on the
salvaged Tahoe. No bids were received so
the police department will get 3 quotes & accept the best quote of the
three.
Motion by Chaplin, second by Green & carried
unanimously to approve change order #5 on the Library/City Hall complex. This is a decrease of $1,777.
Anders introduced the following written resolution
and moved its adoption:
RESOLUTION
2006 - 41
A RESOLUTION AUTHORIZING THE MAYOR TO
SELL STOCK
WHEREAS The
City of Sturgis received 360 shares of Exxon Mobile Stock as a gift for the
benefit of the Sturgis Public Library; and
WHEREAS the
stock is currently in a brokerage account at Edward Jones Investments,
WHEREAS it is
for the best interest of the City and the Sturgis Public Library that the stock
be sold for cash and be used for the Sturgis Public Library as pursuant to the
directions of the benefactor.
NOW THEREFORE
the Mayor and the Finance Officer are authorized to execute any and all
documents necessary to sell the 360 shares of Exxon Mobile stock for cash to be
used for the benefit of the Sturgis Public Library.
Dated
this 6th day of November, 2006
Published:
November 11, 2006
Effective:
December 2, 2006
Chaplin 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.
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION
2006 - 42
A RESOLUTION REFUNDING PAYMENT
WHEREAS the
City of
ROW Lot 21, Block 9 McMillan’s Southern
Addition to the City of Sturgis, Meade County,
WHEREAS said
property appraised for the sum of $1,000; and
WHEREAS Leo
Bestgen and Sinnet Bestgen paid to the City of Sturgis on or about the 28th
day of March, 2005 the sum of $1,000 for the purchase of the above described
property; and
WHEREAS it
has been determined that the City of Sturgis had previously conveyed the title
to said property to Paul F. Lucas and Nelda A. Lucas pursuant to that certain
Quit Claim Deed dated the 21st day of September, 1981 and recorded
in Book 372 on Page 56 in the Office of the Register of Deeds, Meade County,
South Dakota.
NOW THEREFORE
the Finance Officer is hereby authorized to refund to Leo Bestgen and Sinnet
Bestgen, husband and wife, the sum of $1,000 and further authorizes the Mayor
to execute any and all documents which may be necessary to facilitate this
refund.
Dated
this 6th day of November, 2006
Published:
November 11, 2006
Effective:
December 2, 2006
Patterson 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 to
authorize the city attorney to put an agreement together with
Motion by Chaplin, second by Scudder & carried
unanimously to authorize the police department to purchase 2 primary vehicles
off of the state bid – a
Motion by Anders, second by Chaplin & carried
unanimously to authorize the ambulance department to advertise for a full-time
paramedic.
Motion by Anders, second by Chaplin & carried
unanimously to authorize the Mayor to sign the agreement with S&S Tin
Baling to dispose of the white goods at the rubble site.
Motion by Anders, second by Chaplin & carried
unanimously to authorize the Mayor to sign Amendment #2 for the SD DOT
Appraisal Agreement #713132.
Motion by Green, second by Scudder & carried to
authorize the Mayor and Finance Officer to sign the representation letter for
the 2005 audit.
Motion by Chaplin, second by Anders & carried
unanimously to authorize the Mayor to sign the SDML Worker’s Compensation agreement
for the 2007 renewal period.
Motion by Jacobson, second by Chaplin & carried
unanimously to approve the following travel matters: Lisa
Weyer & Ronda Gusinsky – V-Twin Expo in
Motion by Chaplin, second by Anders & carried
unanimously to approve the following salary
matters: New Hires – a) Leah Hinker – CC Front Desk, $6.00/hr, effective
10/26/06; b) Jeffery Melton – CC Front Desk, $6.00/hr, effective 10/26/06; c) Mike
Burshek – CC Front Desk, $6.00/hr, effective 9/26/06; Wages – a) Adam Hosch – CC Front Desk, $.25/hr increase to
$6.25/hr, effective 10/26/06; b) Sam Bartels – CC Front Desk, $.25/hr increase
to $6.25/hr, effective 10/26/06
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Scudder advised that she was glad to be back from
her Mexican cruise, as they encountered a hurricane.
Jacobson advised that the
Anders wished Jacobson a happy birthday.
Patterson advised that she had received many phone
calls voicing surprise at not seeing the City’s name listed as showing
opposition on amendment E.
Motion by Anders, second by Chaplin & carried to
adjourn to executive session for the purpose of discussing a legal matter.
Motion by Green, second by Jacobson & carried to
return to regular session.
Motion by Green, second by Anders & carried to
adjourn the meeting at 8:30pm.
ATTEST: ______________________________ APPROVED:
___________________________
Pauline
Sumption, Finance Officer Terry
Jensen, Mayor