PROCEEDINGS OF THE STURGIS
CITY COUNCIL – NOVEMBER 19, 2007
The Common Council of the
City of
Mayor LaRue led everyone
present in the Pledge of Allegiance.
Ø
On Friday November
23, the Community Center will be offering a day pass for a contribution of food
items to the community Food bank
Ø
The community
Parade of Lights will be on November 30th and will start at 6:00 PM
Ø
On December 6th
the City will be offering a Tree Maintenance Workshop at the Community Center
starting at 8:30 AM.
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Tree Lighting for
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Last week was
proclaimed American Education Week in Sturgis
Motion by Chaplin, seconded by Anders and
carried to approve the agenda with the following additions: 1. Approve
Resolution 2007-32 – Resolution to convey real property to West River
Foundation. Approve Resolution 2007-33 – Resolution to transfer money from
revolving loan fund to SIEC. 3. Executive Session – legal. Delete #6 –
Authorize purchase of 2008 Dodge
Motion
by Chaplin, seconded by Scudder and carried to approve the minutes from the
last regular meeting held on November 5, 2007.
Motion
by Hersrud, seconded by Scudder and carried with all members voting yes to
approve the following claims:
GENERAL FUND – A&B
Business, $106.57, maint; A&B Welding, $15.00, sup; Alltel, $849.79, util;
At Your Service Plumbing, $818.00, sup; Baldwin Cooke, $160.38, sup;
PARK – Alltel, $31.85, util; Bentz Equipment, $171.61,
maint; BHP&L, $27.31, util; Campbell Supply, $18.45, sup; Grimm’s Pump
Service, $88.07, maint; J&L Services, $396.00, sup; Jenner Equipment,
$39.06, maint; Johnston Hardware, $30.81, other; Lynn’s Dakotamart, $18.32,
sup; MDU, $112.10, util; NAPA, $75.54, maint; Pamida, $25.22, other;
Powerhouse, $113.43, maint; Prairiewave, $135.63, util; Rockingtree Floral,
$1,282.05, other; RPM Machine Shop, $70.00, maint; Rushmore Office Supplies,
$175.18, sup; Sand Creek Printing, $84.00, sup; SD Arborist Assoc, $360.00,
other; SD Federal Property Agency, $45.00, sup.
BRICK PROJECT FUND – Elan-City, $13.90, sup; Glover
Investments, $1,400.00, publishing.
AMBULANCE SERVICE – Alltel, $49.35, util; BH Technologies,
$37.50, maint; Boundtree Medical, $542.70, sup; Crescent Electric Supply,
$199.84, sup; Dakota Backup, $16.79, prof fees; DB Billing, $1,361.87, prof ;
Farmers Union Oil, $970.25, sup; Farmers Union-Union Center, $40.00, sup;
Jacobsen Ford, $217.58, maint; Meade Co Times, $49.84, sup; MDU, $73.89, util;
Mountain Plains Health Consort, $35.00, travel; Pitney Bowes-Fire, $38.62, sup.
MAYORS RIDE – Outsource Solutions, $17.98, sup.
CAPITAL IMPROVEMENT – Campbell Supply, $38.00, cap imp;
Cimarron Drilling, $3,163.24, cap imp; Hills Materials, $76.21, cap imp; Meade
Co Auditor, $2,837.93, principal.
GO REFUNDING BOND, SERIES, 2002 – First Nat’l Bank in
2003 SERIES REVENUE BOND – Rural Development, $8,739.00,
principal.
LIQUOR – BHP&L, $909.23, util; Buffalo Bills Bowling,
$40.28, 5% malt bev; Charley’s, $38.48, 5% Malt
WATER SYSTEM OPERATIONS – Alltel, $108.23, util;
BHP&L, $2,084.53, util; Butte Electric, $600.69, util; OReilly Auto Parts,
$-199.99, maint; Prairiewave, $79.00, util;
WASTEWATER FACILITIES – Alltel, $138.72, util; BHP&L,
$10.00, util; City of Belle Fourche, $39.64, other;
SANITARY SERVICE – Alltel, $26.37, util; City of Belle
Fourche, $15,231.44, other; Farmers Union Oil, $4,908.24, sup;
RALLY – Alltel, $279.43, sup; Tammy Bachand, $250.00,
group ins; BH.com, $5,500.00, prof fees; Coca Cola, $25.00, rent; Cycle World,
$10.00, publishing; Elan-City, $194.55, sup; Outsource Solutions, $6,631.53,
travel; Pizza Ranch, $30.47, sup; Robert Sharp & Assoc, $1,005.16, prof
fees; Rushmore Office Supplies, $58.59, sup.
2002 SEWER BOND FUND – Wells Fargo Brokerage Services,
$34,406.58, principal.
TIF#2-BESTGEN – First Western Bank, $20,205.30, other.
TIF#7-LEGNER – Wells Fargo-Sturgis, $28,005.67, other.
TIF#8-ALLISON II – First Western Bank, $72,972.71, other.
REVOLVING FUND LOAN – SIEC, $50,000.00, other.
This was the designated time
for committee reports:
v
Public Safety—Road
closures for the parade which will include around the hospital, discussed
public hearing for liquor and wine licenses, any comments should go to Chief
Bush. Contract with the county on the
building was discussed.
v
Public Works—
v
Community
Center—Nothing to report
v
Liquor—Wine-tasting
went well
v
Legal and Finance—forming
a liquor committee at this time is a non-issue and not practical
v
Rally—Discussed deadline
for the magazine, vendors and the motorcycle lot. Next meeting December 6th at 5:15,
downstairs meeting room
v
Park Board—Nothing
v
Planning
Commission— Nothing to report
v
Library Board—Food
for fines
v
Airport Board—They
will be advertising for an projects engineer and talked about land acquisition
Motion by Hersrud, seconded
by Chaplin and carried to approve the plat of Lots 5R and 6R, Block 5 of Vernon
Heights Estates II Subdvision.
Motion by Hersrud, seconded
by Chaplin and carried to approve the plat of lot 1B, Block 1, Heritage Acres
Addition.
Motion by Call, seconded by McVay
to approve the form of intent for lots 1 and 2 of block 1 of Sunnyslope Subdivision.
The council discussed plating
this into two lots and that if there is intent to build a road. They would like to see a letter with
stipulations from Ficek’s attorney that would say that a road would be built if
any type of building permit is issued for either lot or a letter of
credit. This letter would be filed with
the Register of Deeds. City Attorney
Thomson pointed out that there are no variances given for new subdivisions and
that this would be considered conditions for the property.
After discussion, Call made a
motion to withdraw his previous motion and it was seconded by McVay and
carried.
Motion by Chaplin, seconded
by
Motion by
Motion by Chaplin,, seconded
by
Motion by Chaplin, seconded
by Anders, and carried to approve second reading of Ordinance 2007-40 –
“Amending Title 7 – City Government”. The ordinance reads as follows:
TITLE 7
CITY
GOVERNMENT
Chapters:
7.01: General Provisions
7.02: Wards
7.03:
7.04: Appointed Officials
7.05: Salaries and Wages
7.06: Budget
7.07: Police Department
7.08: Planning Commission Established
Chapter 7.01
SECTIONS:
7.01.01: Scope and Purpose
7.01.02: Definitions
7.01.01: SCOPE AND PURPOSE
The purpose of this Title is to set forth certain policies and
regulations relating to the administration of the City of
7.01.02: DEFINITIONS
RESERVED
WARDS
SECTIONS:
7.02.01: Ward Boundaries, Voting Precincts
7.02.01: WARD BOUNDARIES,
VOTING PRECINCTS
The City is hereby divided into four wards, each of which shall consist
of a voting precinct.
The First Ward shall be that
portion of the City located within the following described line:
Beginning at the intersection of
the centerline of Lazelle Street and the west line of the NE ¼ of the NE ¼ of
Section 10, T. 5 N., R. 5 E., B.H.M., thence westerly along the centerline of
Lazelle Street to its intersection with the centerline of Eighth Street, thence
southerly along the centerline of Eighth Street and vacated Eighth Street to
its intersection with the centerline of the Dakota-Minnesota and Eastern
Railroad, thence southeasterly along the centerline of the Dakota-Minnesota and
Eastern Railroad to its intersection
with the centerline of Ball Park Road at Fifth Street, thence southerly along
the centerline of Ball Park Road to its intersection with the south line of the
N ½ N ½ of the NE ¼ of the SW ¼
of Section 9, T. 5 N., R. 5 E., B.H.M., thence westerly along the said
south line of the N ½ N ½ of the NE ¼
of the SW ¼ of Section 9, thence northerly along the east line of the N
½ N ½ of the NE ¼ of the SW ¼ of the
centerline of West Farley Street, thence along the City boundary to the
point of beginning.
The Second Ward shall be that portion of the City located within the
following described line:
Beginning at the intersection of
the centerline of Junction Avenue and Lazelle Streets, thence westerly along
the centerline of Lazelle Street to its intersection with the centerline of
Eighth Street, thence southerly along the centerline of Eighth Street and
vacated Eighth Street to its intersection with the centerline of the
Dakota-Minnesota and Eastern Railroad, thence southeasterly along the
centerline of the Dakota-Minnesota and Eastern Railroad to its intersection
with the northerly extension of the centerline of Third Avenue, thence southerly
along the centerline of Third Avenue to the intersection with the centerline of
Colorado Drive, thence southerly along the centerline of Colorado Drive to its
intersection with the centerline of Ball Park Road, thence westerly along the
centerline of Ball Park Road to its intersection with the centerline of I-90
and the City boundary, thence southeasterly along the centerline of I-90 to the southeast
corner of the Remainder Block 1 of the NE ¼ NE ¼ of Section 16, T.5, R. 5,
B.H.M., thence northerly along the City boundary to its intersection with the
centerline of Ball Park Road, thence easterly along the centerline of Ball Park
Road to its intersection with the centerline of Junction Avenue, thence
northerly along the centerline of Junction Avenue to its intersection with the
centerline of Harmon Street, thence easterly along the centerline of Harmon
Street to its intersection with the centerline of vacated Davenport Street,
thence northerly along the centerline of Davenport Street to its intersection with
the centerline of Deadwood Street, thence westerly along the centerline of
Deadwood Street to its intersection with the centerline of Junction Avenue,
thence northerly along the centerline of Junction Avenue to the point of
beginning.
The Third Ward shall be that portion of the City located within the
following description:
South of the centerline of
The Fourth Ward shall be that
portion of the City located south and west of following described line.
Beginning at the intersection of
the West City Boundary Line and the south line of the N ½ N ½ of the NE ¼ SW ¼
of Section 9, T. 5 N., R. 5 E., B.H.M., thence easterly along the said south
line of the N ½ N ½ of the NE ¼ SW ¼ of Section 9, to its intersection with the
centerline of Ball Park Road, thence northerly along the centerline of Ball
Park Road to its intersection with the centerline of the Dakota-Minnesota and
Eastern Railroad, thence southeasterly along the centerline of the
Dakota-Minnesota and Eastern Railroad to its intersection with the northerly
extension of the centerline of Third Avenue, thence southerly along the
centerline of Third Avenue and its northerly extension to the intersection with
the centerline of Colorado Drive, thence southerly along the centerline of
Colorado Drive to its intersection with the centerline of Ball Park Road,
thence westerly along the centerline of Ball Park Road to its intersection with
the centerline of I-90 and the City boundary, thence southeasterly along the
centerline of I-90 to the southeast corner of the Remainder Block 1 of the NE ¼
NE ¼ of Section 16, T. 5, R. 5, B.H.M. thence along the centerline of I-90 and
along the City boundary to the easterly extension of the City boundary and the
I-90 right-away.
This Chapter shall become effective upon the passage and publication
thereof, the same being necessary for the support of the municipal government
and its existing public institutions.
(Revision of 7.02.01 effective February 1, 2002 Ordinance
2001-29)
Chapter 7.03
Mayor,
City Council and City Manager
SECTIONS:
7.03.01: Form of Government
7.03.02: Regular Meetings
7.03.03: Special Meetings
7.03.04: President and Vice President
7.03.05: Council Procedure
7.03.06: Office of City Manager
7.03.07: Appointment of Officers and Employees
7.03.08: Powers and Duties of the City Manager
7.03.09: Powers and Duties of the
7.03.01: FORM OF GOVERNMENT
The City shall be a municipality under the mayor/aldermanic form of
government employing a City Manager. The
7.03.02: REGULAR MEETINGS
Regular meetings of the governing body shall be held on the first and
the third Monday of each month at 7:30 o'clock P.M. except when a Monday is a
holiday, and in that case, the meeting shall be held at 7:30 o'clock P.M. the
following day. Any regular meeting may
be adjourned from day to day.
(Revision of 7.03.02 effective Nov. 30, 2001, Ordinance 2001-20)
7.03.03: SPECIAL MEETINGS
Special meetings of the Council may be called at any time unless
members of the Council are absent from the City and a quorum cannot be obtained
by the
7.03.04: PRESIDENT AND VICE PRESIDENT
At the first meeting of the Council in May of each year, and after the
qualification of the newly elected Council Members, the Council shall elect
from among its own members, a President and Vice President of the Council,
whose duties are prescribed by the laws of the state of
7.03.05: COUNCIL PROCEDURE
"Robert's Rules of Order" shall be the standard for procedure
by which all regular meetings of the Council shall be governed.
7.03.06: Office
of City Manager
The office of City Manager is hereby
created. The City Manager shall be
employed by the City Council and the City Council shall determine the
compensation of the City Manager. The
City Manager shall be appointed for an indefinite term but may be removed as
prescribed by the laws of the State.
7.03.07: Appointment
of Officers and Employees
The Finance Officer, City Attorney and the Library Board
of Trustees shall be appointed by the City Council and may be removed at any
time by the City Council.
All other officers and employees, including all members
of Boards and Commissions, except as otherwise provided by state law, shall be
appointed by the City Manager and may be removed by the City Manager.
The Finance Officer shall appoint all deputies and
employees of the Finance Office.
7.03.08: Powers and Duties of
the City Manager
The powers and duties of the City Manager shall be such
as are prescribed by the laws of the State, and other provisions of this City
of Sturgis Code of Ordinances, and such further duties as are incident to the
office.
7.03.09: Powers and Duties of
the Mayor
The powers and duties of the
Chapter 7.04
APPOINTED OFFICIALS
SECTIONS:
7.04.01: Officers Appointed by
Council
7.04.02: Officers Appointed by
the City Manager
7.04.03: Duties
7.04.04: Special Duty of City
Attorney
7.04.05: Oath and Undertaking
Required
7.04.01: OFFICERS Appointed by Council
There shall be appointed by the City Council on the first Monday of May
of each year, or on such other dates as necessary, a Finance Officer, City
Attorney, Deputy City Attorney, and the Library Board of Trustees and such
other officers as may be provided for by state law or ordinance, who shall hold
office until the first Monday of May of the year following their appointment,
and/or until their successors shall be appointed and qualified, unless
otherwise their term shall be terminated by the City Council as provided by
state law.
7.04.02 officers appointed by the City Manager
All other officers, including
all members of boards and commissions, except as otherwise provided by state
law, shall be appointed by the City Manager and may be removed by the City
Manager.
7.04.03: DUTIES
Each appointed officer shall perform all of the duties as prescribed by
this Title and the statutes of the state of
7.04.04: SPECIAL DUTY OF CITY
ATTORNEY
The City Attorney, in addition to those duties prescribed for him by
State law, shall have the special duty to make or cause to be made proper
designations for any ordinance or amendments thereto, and he shall see that the
organization and numbering of all ordinances is kept as uniform as possible and
in keeping with the organization of this Ordinance in revision. In order to carry out this duty, the City
Attorney shall have the power to change any of the numbering designations of
any of the City Ordinances without having to pass an amendment therefore,
provided that in so doing, the substance of any City Ordinance shall not be
changed.
7.04.05: OATH AND UNDERTAKING REQUIRED
Each appointed officer, before entering upon the discharge of his or
her duties shall take and subscribe an oath or affirmation of office in the
form required by the Constitution of the State.
Each appointed officer shall furnish an undertaking to the City in the
sum of Two Thousand Five Hundred Dollars ($2,500.00) with the exception of the
Finance Officer and City Manager who shall furnish an undertaking to the City
in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). Said bond shall be conditioned for the
faithful performance of the duties of their respective officers and to account
for, pay over and deliver all money coming into their hands by virtue of the
office, according to law. Bonds for
deputies shall be determined by the appointing officer.
Chapter 7.05
SALARIES AND WAGES
SECTIONS:
7.05.01: Council to Determine Salary or Wages of
Department Heads and Supervisory Personnel
7.05.02: Council to adopt Personnel Policy
7.05.01: COUNCIL TO DETERMINE
SALARY OR WAGES OF DEPARTMENT HEADS
AND
SUPERVISORY PERSONNEL
The salaries and/or wages of the
The salaries and/or wages of all Department Heads and supervisory
personnel shall be approved by Council after recommendation from the City
Manager.
The salary and/or wages of the City
Manager shall be determined by the Council.
Where a minimum and a maximum salary are
provided for any position pursuant to resolution, the Council may fill such
position at a starting salary to be set by a resolution at an amount not less
than the minimum and no more than the maximum.
The City Attorney's salary shall not include services in representing
the City in Court, nor the revision of ordinances, nor services in connection
with bond proceedings, in which cases, reasonable compensation shall be paid on
agreement to be reached between the Council and the City Attorney in each
instance.
Wages of non-supervisory employees are
not provided by this Chapter. Said
salaries shall be in such amounts as the Council may determine from time to
time as required and shall be made a matter of record in the official minutes
of the Council by resolution duly passed.
Each officer or other employee, shall, except where special conditions
exist, be paid on the first working day of each month following the month in
which services are rendered.
The Council and the City Manager
shall, after having prepared the budget for the ensuing year, meet to determine
increases in salary for all appointed officers, department heads and
supervisory personnel of the City.
At this meeting, the Council shall consider every appointed official,
department head and supervisory personnel of the municipality and may grant pay
increases not to exceed the maximum as set out herein, which in the discretion
of the Council, are merited by each individual officer, department head or
supervisory personnel. The Council and
the City Manager may at any other time of the year, determine salary changes
for an appointed officer at the time of his or her employment with the City.
The City may compensate the City Attorney through contract payments at
the amount agreed upon between the City and the City Attorney.
7.05.02: COUNCIL TO ADOPT
PERSONNEL POLICY
The Council shall adopt a personnel policy which shall govern the
conduct of the City employees and officials.
A copy of said personnel policy shall be given to each employee or
appointed officer at the time of his or her employment with the City.
Chapter 7.06
BUDGET
SECTIONS:
7.06.01: Budget Required
7.06.02: Duties of Officials
7.06.03: Preparation
7.06.04: Public Hearing
7.06.05: Adoption
7.06.06: May spend More or Less than Provided for Each
Item in Budget
7.06.07: Responsibility of City Officials
7.06.01: BUDGET REQUIRED
An annual budget, for the calendar year, shall be prepared and adopted
in the manner hereinafter provided. Said
budget shall state in detail the proposed expenditures of the City for the
following calendar year. This budget
shall not only specify the expenditures required for each department, but shall
specify the items for which expenditures are to be made from the total amount
stated for each department.
7.06.02: DUTIES OF OFFICIALS
The City Manager shall be considered the Budget Director, and it shall
be his or her duty to cause said budget to be prepared in the manner
hereinafter provided. The Finance
Officer shall assist the City Manager in the preparation of the budget. All Department Heads shall cooperate with the
City Manager in preparation of the budget and shall provide a detailed and
itemized estimate of the expenses which each Department Head believes will
accrue for his or her respective department during the following year and said
estimates shall be submitted at the request of the City Manager. The City Manager shall prepare and submit to
the Council an annual budget not later than August 1st of each
year. The Chairmen of all other Boards
or Committees for which expenditures will occur during the following year shall
also submit to the City Manager upon his or her request a detailed and itemized
estimate of anticipated expenses. All
other City officials shall be required to assist in the preparation of the
budget at the call of the City Manager.
7.06.03: PREPARATION
It shall be the duty of the City Manager, with the assistance of the
Finance Officer and such other persons as the City Manager may request, to
prepare a proposed budget for the following year no later than August 1st. To successfully perform this endeavor, the
City Manager shall have the duty and power to make all necessary inquiries and
investigations in regards to the submitted estimates, and to require the
cooperation of all City officials and other citizens to the extent that they
may be of some help in the preparation of the Budget, and to hold or call all
necessary meetings with supervisors, other officials or citizens, and to
request a special meeting of the Council, if such action is deemed
necessary. The City Manager shall
present the proposed budget to the Council no later than August 1st
of each year.
7.06.04: PUBLIC HEARING
After the proposed budget has been presented to the Council, the
Council shall then establish a time and a place for a public hearing to be held
for the purpose of allowing any interested citizen or City official to be heard
on said budget. A notice of said hearing
shall be published once at least four days before said day of hearing.
7.06.05: ADOPTION
After said hearing has been held, the Council may adopt the proposed
budget as proposed or as amended. The
appropriation Ordinance shall then be adopted as required by State law and in
conformance with the adopted budget.
7.06.06: MAY SPEND MORE OR LESS THAN PROVIDED FOR
EACH ITEM IN
BUDGET
More or less than the amount stipulated in the adopted budget for a
specific item may be spent so long as the Appropriation Ordinance or any
supplement thereto is not exceeded.
7.06.07: RESPONSIBILITY OF CITY OFFICIALS
It shall be the responsibility and duty of all City officials to make
reasonable efforts to keep within the expenditures specified in the City
budget.
Chapter 7.07
POLICE
DEPARTMENT
SECTIONS:
7.07.01: Members
7.07.02: Appointment
7.07.03: Council Adopts Uniform
7.07.04: Require Aid
7.07.05: Deportment
7.07.01: MEMBERS
The police force in this City shall consist of the Chief of Police, and
as many more individuals as the Council after recommendation from the City
Manager shall, from time to time, deem necessary for the proper protection of
the City.
7.07.02: APPOINTMENT
The Chief of Police shall be hired by the City Manager by and with the
consent of the Council, and the Chief of Police shall hold his office for the
term of his appointment unless sooner removed by the City Manager, as provided
by the laws of the State. The Chief of
Police shall hire all other personnel required to fulfill the functions of the
Police Department, subject at all times to the approval of the City Manager and
the final approval of the City Council.
7.07.03: COUNCIL ADOPTS UNIFORM
The Council shall adopt a uniform for the dress of the police officers
and said officers shall wear said uniform at all times while on duty unless
pressed into service under such circumstances that obtaining the uniform would
be impractical.
7.07.04: REQUIRE AID
In the execution of the duties of any police officer in arresting any
person accused or suspected of any crime or any suppression of any riot or
unlawful assembly, or in the prevention of any offense against the City or
State, said officer shall have the power, when necessary, to require the aid of
any citizen; and it shall be unlawful for any person to refuse or willfully
neglect to obey the summons of any police officer in such cases.
7.07.05: DEPORTMENT
Each member of the police department, when on duty, shall wear the
insignia of his or her office in a conspicuous place on his or her outer
garments, except when caution may require that it be not exposed, and must be
quiet, civil, and orderly in his conduct and deportment, refrain from violent,
profane and insolent language, and abstain from intoxication, insubordination
and dereliction of duty, and no police officer shall use the power conferred
upon him by law or Ordinance as such officer to persecute, tantalize or in any
manner annoy any person against whom he may hold a personal grudge or grievance
and it shall be the duty of the Chief of Police or any other police officer to
complain to the
Chapter 7.08
PLANNING
COMMISSION ESTABLISHED
SECTIONS:
7.08.01: Official Name
7.08.02: Establishment and Composition
7.08.03: Powers and Duties
7.08.01: OFFICIAL NAME
That the official name of the Plan Commission created hereunder shall
be known as "
7.08.02: ESTABLISHMENT AND
COMPOSITION