PROCEEDINGS OF THE STURGIS
The
Common Council of the City of
Mayor
Zeigler made the following announcements: a) City Council will have an
executive work session on
Mayor
Zeigler requested a moment of silence in honor of our service men and women.
Motion
by Scudder, second by Chaplin and carried to approve the agenda as presented.
Motion
by Meland, second by Chaplin and carried to approve the minutes of the
Motion
by Chaplin, second by Scudder and carried unanimously to approve the following
claims:
GENERAL FUND – Avaya, $48.26, util;
B&B Auto Salvage, $1,072.00, maint; Baker & Taylor, $20.73, sup; Best
Business Products, $105.62, maint; Branden Bestgen, $76.00, travel; BH
Fibercom, $459.91, util;
PARK – Alan’s Auto Recycling, $200.00,
maint;
BRICK PROJECT FUND – Glover Investments, $1,400.00, city promotion; HSBC Business Solutions, $49.27, sup.
AMBULANCE SERVICE – Alliance Medical,
$6.18, sup; Best Western Ramkota Inn, $316.00, travel; DB Billing, $947.22,
prof fees; Diesel Machinery, $112.50, maint; Enning Propane, $181.25, util;
Farmers Union Oil, $528.11, sup; Farmers Union-Union Center, $12.72, sup;
Linweld, $137.53, sup;
MAYOR’S RIDE – Fedex, $18.94, sup.
CAPITAL IMPROVEMENT – Meade Co Auditor, $2,837.93, principal.
GO REFUNDING BOND, SERIES 2002 – First
Nat’l Bank in
CAPITAL PROJECTS – American Technical Services, $1,157.00, cap imp; Birdsall Sand, $180.00, cap imp; Diesel Machinery, $800.00, cap imp; Hills Materials, $40.63, cap imp; Menard’s, $59.88, cap imp.
LIQUOR –
WATER SYSTEM OPERATIONS – BH Fibercom,
$180.76, util;
WASTEWATER FACILITIES –
SANITARY SERVICE – 54 Printing,
$160.00, sup; Farmers Union Oil, $2,661.86, sup; Jay Johnson, $43.00, travel;
Laboratory Corp of America, $23.00, prof fees; NAPA, $423.60, maint;
RALLY – BH Fibercom, $150.36, util;
Coca Cola, $377.00, sup; Farmers Union Oil, $45.95, sup; Innotech SD, $712.50,
sup; Lynn’s Dakotamart, $19.92, sup; Outsource Solutions, $6,000.00, prof fees;
Pamida, $123.11, sup; Quill, $40.02, sup; Rally Dept. Petty Cash, $15.09, sup;
TDG Communications, $1,060.65, publishing; The Knuckle Saloon, $15.98, sup;
1998-36 pb – First Western Bank, $17,193.75, interest.
Motion
by Green, second by Meland and carried to set a public hearing date of
Motion
by Anders, second by Green and carried unanimously to authorize Mayor Zeigler
to spend up to $1,000 at the First Western Bank’s Festival of Trees.
Dean
Rasmussen appeared before the city council to inform them of the proposed
Freedom Site which is located east of the soccer fields and adjacent to the
bike path. This will be a memorial to
commemorate those in the armed services, especially those from this area. This proposal includes a concrete pad in the
shape of a pentagon with each side of the pentagon having a granite engraved obelisk
representing a branch of the service.
This area would also have a flag pole with lighting and a bench. Rasmussen asked that the council approve three
areas: a) the concept of the Freedom Site; b) approval of proposed letter
requesting donations of materials and services; c) sign a letter of intent to
proceed with this project. This project
is estimated at $15,600 and Rasmussen would like to have the project completed
by Memorial Day 2006. The Sturgis City
Park Board has committed to $1,000 of this funding.
Motion
by Green, second by Patterson and unanimously carried to approve proposed project and to authorize
Mayor Zeigler to sign the letter of intent to proceed.
Motion
by Patterson, second by Scudder and carried to allow Mavis Jewitt and the
Hospice Unit to decorate the tree located at
Motion
by Green, second by Scudder and carried to approve the Chamber of Commerce
request to have streets closed for the Parade of Lights, which is scheduled for
Scudder introduced the following written
resolution and moved its adoption:
RESOLUTION
CREATING TAX INCREMENTAL DISTRICT NUMBER NINE,
BE
IT RESOLVED by the Common Council of the City of
WHEREAS,
property within the proposed district meets the qualifications and criteria as
set forth in SDCL 11-9; and
WHEREAS,
the Sturgis Common Council finds that the aggregate assessed value of taxable
property in the district plus the tax incremental base of all other existing
districts does not exceed ten (10) percent of the total assessed value of
property within the City of Sturgis; and
WHEREAS,
the Common Council finds that:
(1)
Not less than twenty-five (25) percent, by area, of
real property within the district is a blighted area as defined in SDCL 11-9-9
through
(2)
The improvement of the area is likely to enhance
significantly the value of substantially all of the other real property in the
district.
N180’ of Lot 2H;
W450’ of Lot 3H2; and Lot 4H, all located in the Hurley Subdivision in the
N1/2NW1/4, Section 16, T5N, R5E, Black Hills Meridian, City of Sturgis, Meade
County, South Dakota
Including any rights-of-way therein as well as any right-of-way
adjoining the above-described parcels, shall be designated as Tax Incremental
District Number Nine, City of Sturgis, which is hereby created on this date.
Published:
Effective:
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 and adopted.
Motion
by Chaplin, second by Green and carried to authorize the City of
Motion
by Green, second by Scudder and carried unanimously to approve second reading
of Ordinance 2005-14—Amended Title 19 – Subdivision of Land. The ordinance reads as follows:
TITLE 19
SUBDIVISION OF
BE
IT ORDAINED by the Common Council of the City of
Chapters:
19.01: General Provisions
19.02: Authority and Jurisdiction
19.03: Procedure
19.04: Design Standards
19.05: Required Improvements
19.06: Variances
CHAPTER 19.01
GENERAL PROVISIONS
SECTIONS:
19.01.01: Scope and Purpose
19.01.02: Definitions
19.01.03: Penalty
19.01.01: SCOPE
The purpose of this Title is to
provide for the harmonious development of the municipality and its environs;
for the coordination of streets within subdivisions with other existing or
planned streets or with other features of the comprehensive plan; for adequate
open spaces for traffic, recreation, light and air, and for a distribution of
population and traffic which will tend to create conditions favorable to
health, safety and convenience through the provision for an adequate scale of
street, sanitary, water, utility and other improvements as land is subdivided.
19.01.02: DEFINITIONS
ALLEY: A minor public way having a narrow
right-of-way and affording a secondary means of access to abutting properties.
CERTIFICATE OF OCCUPANCY: The instrument issued by the Building
Inspector when a building has been inspected and found to meet adopted codes
and ordinances relating to construction.
Such certificate authorizes occupancy of said building.
COMPREHENSIVE/DEVELOPMENT
DEVELOPER: Any person or group thereof proposing to
transform a parcel of land by dividing the parcel by platting and/or installing
improvements for the purpose of sale and transfer to others.
EASEMENT: A right to land generally established in real
estate deed or on a recorded plat to permit the use of land by the public, a
corporation or particular persons for specified uses.
FINAL PLAT: A plat of a tract of land which meets the
requirements of these regulations and is in form for recording in the Office of
the Register of Deeds.
FUELBREAK: A strategically located strip or block of
land varying in width, on which some vegetation has been modified to reduce the
rate of fire spread to provide a safe place for fire fighters to work and where
fires may be more readily controlled. A
fuelbreak usually provides all wheel drive access and an advantageous area for
quickly and safely constructing and manning a fire line.
HEALTH DEPARTMENT:
The South Dakota Department of Health.
DEPARTMENT OF ENVIROMENT
MAJOR STREET
MARGINAL
MASTER DRAINAGE
MOUNTAIN SUBDIVISION:
All subdivisions located within the limits of the Black Hills Fire
District in
OWNER'S ENGINEER:
The Civil Engineer registered and in good standing with the State Board
of Registration of South Dakota who is the agent of the owner of land which is
proposed to be subdivided or which is in the process of being subdivided.
OWNER'S SURVEYOR:
The Land Surveyor registered and in good standing with the State Board
of Registration of South Dakota who is the agent of the owner of land which is
proposed to be subdivided or which is in the process of being subdivided.
PLANNING COMMISSION:
The Planning Commission for the City.
PRELIMINARY
SPECIFICATIONS:
The specifications which have been adopted by the City Council.
STREET: A tract
of land, dedicated to public use, which affords the primary means of access to
the abutting property, but excluding private driveways serving only one (1)
parcel of land.
SUBDIVISION:
Division of a parcel of land into two (2) or more lots or parcels for
the purpose of transfer of ownership or building development (whether immediate
or future); provided that a division of land into lots or parcels of ten (10)
acres or more and not involving a new street shall not be deemed a
subdivision. The term includes the
establishment or dedication of a road, highway, street or alley through a tract
of land; a re-subdivision of land or lots; and, when appropriate to the
context, shall relate to the process of subdividing or to the land subdivided.
UTILITIES:
Municipal and franchised utilities.
19.01.03: PENALTY
Any person in violation of the
provisions of this Title, including any person who transfers or sells land
without having the land platted or replatted, as may be required, or otherwise
transfers or sells land without first obtaining any approval of the City
Council required under this Title and registering as required with the Register
of Deeds, shall forfeit and pay and penalty of One Hundred Dollars ($100.00)
for each portion of land so transferred or sold. The City may enjoin the transfer, sale or
agreement by an action for injunction or may recover the aforesaid penalty by a
civil action in any court or competent jurisdiction.
In addition to the
aforementioned civil penalty, any violation of the provisions of this Title is
a Class 2 misdemeanor punishable by the maximum punishment set forth by the
laws of the state of
CHAPTER 19.02
AUTHORITY
19.02.01: Authority
19.02.02: Jurisdiction
19.02.03: Variances Prohibited
19.02.01: AUTHORITY
Pursuant to the authority
granted by SDCL 1967 1106 as amended, the following regulations are hereby
adopted by the City.
19.02.02: JURISDICTION
This Title shall govern all
subdivisions of land within the jurisdiction of the City.
19.02.03: VARIANCES PROHIBITED
Any subdivision of land within the City, or one mile
thereof platted after
CHAPTER 19.03
PROCEDURE
Sections:
19.03.01: Procedure for Approval of Subdivision
19.03.02 : Procedure for
Unofficial Review by Planning Commission
19.03.03: Preliminary Plan Requirements
19.03.04: Procedure for Review of Preliminary Plan
19.03.05: Final Plat Requirements
19.03.06: Procedure for Review and Approval of Final Plan
and Plat
19.03.07: Guarantee in Lieu of Completed Improvement
19.03.08: Expiration of Approval of Preliminary Plan
19.03.01: PROCEDURE FOR APPROVAL
OF SUBDIVISION
The procedure to be followed for
approval of a subdivision within the City shall be as follows:
A.
The developer shall submit to
the Engineering and Inspections Department a minimum of five (5) working days
prior to the planning commission meeting a preliminary plan and statements of
intent permitting unofficial review.
B.
The planning commission will
discuss these documents with the developer and will establish applicable
comprehensive/development plan requirements, scale of improvements, design
standards, and will review it for compliance with this Title.
C.
Following approval of the
preliminary plan by the City Council, developer shall prepare the final plans
and required plats for submission to the Engineering and Inspections Department
a minimum of five working days prior to the planning commission meeting.
D.
Upon finding that the final plans
and plats are in substantial compliance with the approved preliminary, the
planning commission will recommend its approval to the City Council.
E.
Upon approval of the final plans
and plat the planning commission shall forward the plans and plat and its recommendation
for approval to the City Council.
F.
The final plat shall be filed
with the Register of Deeds upon approval by the City Council.
19.03.02: PROCEDURE FOR
UNOFFICIAL REVIEW BY PLANNING COMMISSION
The planning commission shall
process proposed subdivisions in accordance with this Chapter.
The procedure and/or
requirements for unofficial review by the planning commission shall be as
follows:
A.
The developer shall prepare a
written declaration of intent concerning the tract of land to be subdivided in
sufficient detail to clearly indicate the nature and purpose of the
subdivision. A written declaration of
intent shall be submitted to the planning commission before approval of the
preliminary plan;
B.
The developer shall prepare a
plan which he/she shall submit to and discuss with the planning commission in
order to establish the requirements of the zoning ordinance, drainage plans,
major street plan and other features and requirements of the
comprehensive/development plan that will influence the design of the
subdivision;
C.
If the property proposed for
development involves areas where, in the view of the planning commission, the
soil characteristics, terrain, drainage, geology, ground cover or its location
impose unusual requirements, the commission may request supplementary data to
demonstrate the feasibility of subdividing the land;
D.
The developer may request a
written statement setting out the range of requirements to be met in which
instance the planning commission shall have a period of 30 days to comply; and
E.
At the request of the developer,
the preliminary plan together with planning commission comments may be
submitted to the City Council for their review and comment at a joint meeting
with the developer.
19.03.03: PRELIMINARY
Any preliminary plan shall
include the following:
A.
A map showing the general
location of the property proposed to be subdivided which clearly shows the
property boundary and its relation to surrounding development including
property lines, roads, utilities, if any are present in the vicinity, and water
courses with tributary drainage areas;
B.
Contours from available data;
C.
Sewer and water systems proposed
with points of connection to existing service if public, and, if not,
accompanied by reports by qualified engineers indicating from available
information, the suitability of soils to accommodate private disposal systems,
the probability of success of wells for water supply, and any significant
problems of long term supply, pollution or maintenance problems of such wells
or systems;
D.
A narrative describing the
nature of the intended development, its total area, its integrations into
surrounding development and its impact on the community;
E.
In the case of a mountain
subdivision, a preliminary grading plan and definition of the amount and
location of forest cover may be required;
F.
Vicinity sketch;
G.
Names of the Subdivision,
Developer, Owner’s Engineer and names and addresses of all adjacent land
owners;
H.
Date, northpoint and scale. The required scale shall be determined by the
City Engineer;
I.
Location, width and purpose of
all easements;
J.
Location and dimension of land
to be dedicated or reserved for parks, open space or other public use;
K.
L.
Building line location shall be
shown along each street;
M.
Any portion of the land in or
adjacent to the subdivision subject to periodic inundation by storm drainage,
overflow or ponding shall be clearly shown and identified on the plan;
N.
A street plan containing the
following information:
1.
Location of all proposed streets
within the subdivision and location of existing or proposed streets adjacent to
the subdivision;
2.
Widths of existing and proposed
rights-of-way;
3.
Clear identification of location
and width of rights-of-way of any street adopted as part of the major Street
Plan;
4.
Street names which have been
approved by the planning commission;
5.
Topography at five (5) foot
contour intervals unless a closer contour interval is required by the City
Engineer;
6.
Plan and profile of all streets;
7.
Location of all required
sidewalks and crosswalks; and
8.
Curve data for the centerline of
each street.
O.
A storm drainage plan containing
the following information:
1.
Location of proposed drainage
ways, streams and ponds in the subdivision;
2.
Location, size and invert
elevations of proposed drainage structures including culverts, bridges, pipes,
drop inlets and top elevations of headwalls, etcetera;
3.
Area of land contributing runoff
to each drainage structure;
4.
Location of easements and
rights-of-way for drainage ways and maintenance of access thereof;
5.
Typical cross sections of each
drainage way; and
6.
Direction of water flow
throughout subdivision.
P.
A sanitary sewer plan containing
the following information: