PROCEEDINGS OF THE STURGIS
CITY COUNCIL – DECEMBER 3, 2007
The Common Council of the
City of
Mayor LaRue led everyone
present in the Pledge of Allegiance.
Ø
Festival of the
Trees on December 4th at First Western Bank – Fund Raiser for the
Community
Ø
Tree Care
Workshop at the Community Center on December 6th
Ø
City Tree
Lighting Ceremony on December 7th at 1st and
Ø
Acoustic
Christmas Concert on December 7th
at the Community Center at 7:30 PM
Ø
Care and
Ø
Reception for
City Manager Dave Boone on December 13th at the Community Center
from 5:00 to 7:00 PM
Ø
For the month of
December the Library has a display from the Science and
Motion by Chaplin, seconded by Anders and
carried to approve the agenda.
Motion
by Chaplin, seconded by Scudder and carried with all members voting yes to approve
the minutes from the last regular meeting held on November 19, 2007 and
November 21, 2007.
Motion
by Anders, seconded by Chaplin and carried with all members voting yes to
approve the following claims, wages and transfers:
Wages –
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 FUND – Avaya, $48.26,
util; Baker & Taylor, $350.00, sup; BHP&L, $1,390.07, util; Jerry
Burnham, $2,212.50, prof fees; Curt Corey, $30.00, cc prog exp; Dakota Supply
Group, $275.06, sup; Demco, $427.57, sup; Energy Labs, $87.50, maint; Farmers
Union Oil, $135.15, sup; Hills Materials, $2,628.63, sup; Hillyard, $255.01,
sup; Holiday Inn Mitchell, $139.90, travel; Kade Huntington, $20.00, sup;
Interstate All Batteries Center, $66.71, sup; Zac Massa, $20.00, cc prog exp;
Meade Co Auditor, $1,028.26, util; Meade Co. Times, $48.00, publishing; MDU,
$99.17, util; Morman Law Firm, $5,192.92, prof fees; Candy Morrell, $3,068.80,
maint; Northern Hills Vet Clinic, $130.00, prof fees; Occupational Health
Network, $213.25, prof fees; OConnor Company, $1,232.00, maint; Tami Otis, $66.00,
travel; Pamida, $333.14, sup; Peterson Automotive, $98.60, maint; Plumbmaster,
$191.91, maint; Prairiewave, $2,070.70, util; Precision Surveying, $680.00,
prof fees; Public Risk Management Assn, $159.00, travel; PVP Communications,
$39.33, maint; Random House, $137.88, sup; Regent Book Co, $35.23, sup; Kyle
Royer, $90.00, cc prog esp; Sam’s Club, $1,031.92, sup; SD Engineering Society,
$200.00, prof fees; Sturgis Kiwanis Food Pantry, $300.00, other; Sturgis Tire,
$552.56, sup; Brent Tungesvik, $262.02, travel; Twilight First Aid, $59.33,
sup; Michael Uminski, $35.34, refunds; Unique Books, $1,629.67, sup; Tanner
Urbaniak, $30.00, cc prog exp; Warne Chemical, $445.00, maint; West River
Electric Assoc, $386.15, util.
PARK – BHP&L, $384.54, util; Morman Law Firm,
$264.00, prof fees; Occupational Health Network, $51.12, prof fees;
BRICK PROJECT FUND – Pitney Bowes-Fire, $146.96, sup.
AMBULANCE SERVICE – Allmed, $97.87, sup; Alltel, $15.22,
util; BHP&L, $464.70, util; Boundtree Medical, $106.97, sup; DB Billing Co,
$1,781.83, prof fees; Pamida, $11.58, sup; West River electric Assoc, $19.63,
util.
SPECIAL SALES TAX – Chamber of Commerce, $7,500.00,
chamber; SIEC, $7,500.00, industrial dev.
LIQUOR – Eagle Sales of the BH, $13,297.45, off sale
beer; Fisher
WATER SYSTEM OPERATIONS – BHP&L, $7,057.46, util;
Diesel Machinery, $1,195.47, maint; Holiday Inn Mitchell, $69.00, travel; MDU,
$9.80, util; Candy Morrell, $380.25, maint; Pamida, $-.30, sup; Prairiewave,
$155.36, util.
WASTEWATER FACILITIES – Bierschbach Equipment, $104.00,
maint; Energy Labs, $356.00, prof fees; Morman Law firm, $132.80, prof fees;
Candy Morrell, $250.00, maint; Street Department Petty Cash, $12.17, maint.
SANITARY SERVICE – Candy Morrell, $250.00, maint;
Occupational Health Network, $51.13, prof fees; Qwest Comm, $46.99, util;
Sanitation Products, $125.00, maint; SD Federal Property Agency, $2,500.00,
equip.
RALLY – American Iron Magazine, $23.95, sup; Chamber of
Commerce, $32,350.00, rally sponsorship; ET Sports, $121.90, sup; Forever
Resorts, $37.50, rally advertising sales; Hammers Tattoo, $100.00, rally
advertising sales; Morman Law Firm, $1,410.82, prof fees; Candy Morrell,
$250.95, maint; Robert Sharp & Assoc, $212.50, publishing; Sam’s Club,
$63.00, sup; SD Tourism, $150.00, travel; Visitor Industry Alliance, $30.00,
travel.
This was the designated time
for committee reports:
v
Public Safety—Nothing
v
Public Works—Bruch
chipper bids and baseball parking lot
v
Community Center—December
7-16 the pool will be closed and will re-open right before Christmas vacation
v
Liquor—None
v
Legal and
Finance—Nothing
v
Rally—Next
meeting December 6th at 5:15, downstairs meeting room and January
10, 2008. Pepper Massey was voted
Motorcycle woman of the year in the magazine “Cycle Source”
v
Park Board—Nothing
v
Planning
Commission— Nothing to report
v
Library Board—Doing
very good with the food for fines program
v
Airport Board—They
will be meeting with prospective engineers on Tuesday
v
Museum – Francie
Ruebel Alberts introduced the Executive Director of the
Motion by Chaplin, seconded
by Anders and carried to authorize the Mayor to write a letter of permission
for Corky Liston to give out crosses at
Blaze Emerson from Black
Hills Council of Local Governments was present to go over the following
resolutions.
Hersrud
introduced the following written resolution and moved its adoption:
RESOLUTION
2007-36
RESOLUTION
CREATING TAX INCREMENT DISTRICT NUMBER TEN AS SUBMITTED BY THE STURGIS PLANNING
COMMISSION
WHEREAS the
property within the following described District meets the qualifications and
criteria set forth in SDCL 11-9; and,
WHEREAS the
Council of the City of Sturgis finds that the aggregated assessed value of
taxable property in this District, plus the assessed values of all other
districts currently in effect, does not exceed ten percent (10%) of the total
assessed value of taxable property in the City of Sturgis; and,
WHEREAS the
Council finds that:
1. Not less than twenty-five percent (25%), by
area, of the real property within the district is a blighted area as defined in
SDCL 11-9-9 through 11-9-11; and,
2. The
aggregate assessed value of taxable property in the proposed 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
3. The improvement of the area
is likely to significantly enhance the value substantially on all of the other
real property in the district.
NOW, THEREFORE,
BE IT RESOLVED by the City of
Lots 1 & 2 of
Tract A of Lot SD-1, Tract B of Lot SD-1, Tract W of Lot SD-1, Tract C of Lot SD-1, and Tract D of Lot SD-1,
Sturgis Development Subdivision, City of Sturgis, Located in the
NW1/4SE1/4 of Section 6, T5N, R5E, B.H.M., Meade County, South Dakota;
Lot 1A Revised, Lot 1E,
Lot 1B, Lot 1C, Lot 1D, Lot 2A, Lot 2B, Lot 2F, Lot 2E, Lot 3A Revised, Lot 3B
Revised, Lot 4A Revised, Lot 4B Revised, Lot 4C Revised, Lot C4-A, Lot C4-B,
Lot C4-C, Lot C3 Revised, Including Dedicated Public Right-of-Way, Sturgis
Industrial Park Subdivision, Located in the S1/2 Section 6, T5N, R5E, B.H.M.,
City of Sturgis, Meade County, South Dakota; and,
Lot S.B.-3 a portion
of the SW1/4NE1/4, Section 6, T5N, R5E, B.H.M., City of
are hereby
designated as Tax Increment District Number Ten, City of
Dated at Sturgis,
Meade County,
Chaplin duly seconded the
motion for the adoption of the foregoing resolution. All those present and Scudder via phone voted
in favor of and the resolution was declared passed & adopted.
Hersrud
introduced the following written resolution and moved its adoption:
RESOLUTION
2007-37
RESOLUTION
APPROVING THE PROJECT PLAN FOR
TAX
INCREMENT DISTRICT NUMBER TEN
AS SUBMITTED
BY THE STURGIS PLANNING COMMISSION
WHEREAS the
Council of the City of Sturgis has determined that it is in the best interest
of the City to implement plans which promote economic development and growth in
the City; and
WHEREAS the
Council embraces the concept of Tax Increment Financing as a tool to encourage
this desirable growth and redevelopment; and
WHEREAS there
has been established Tax Increment District Number Ten; and
WHEREAS the
Council deems desirable to promote economic development and create jobs in the
corporate limits of the City of
WHEREAS the
Project Plan submitted helps make this development feasible by assisting in the
development of site and building improvements to serve Sturgis Industrial
Expansion Corporation; and
WHEREAS the
Project Plan submitted will assist with the costs of site and building
improvements; and
WHEREAS the use
of Tax Increment Funding to promote this development is in keeping within the
statutes adopted by the South Dakota State Legislature; and
WHEREAS there
has been developed a Project Plan for this Tax Increment District which
proposes these improvements; and
WHEREAS the
Council has considered the Project Plan submitted by the Planning
Commission and
determined that the Project Plan for Tax Increment District Ten is economically
feasible; and
WHEREAS the
Council has further determined that this Project Plan is in conformity with the
adopted Comprehensive Plan.
NOW, THEREFORE,
BE IT RESOLVED by the City of Sturgis that the Tax Increment District Project
Plan for Tax Increment District Number Ten be, and is hereby, approved as
submitted by the Sturgis Planning Commission.
Dated at Sturgis, Meade County,
Scudder duly seconded the
motion for the adoption of the foregoing resolution. All those present and Scudder via phone,
voted in favor of and the resolution was declared passed & adopted.
Scudder was no longer via
phone for the meeting.
Chaplin
introduced the following written resolution and moved its adoption:
RESOLUTION 2007-38
RESOLUTION APPROVING PLAT
WHEREAS, the statutes of the State
of South Dakota require that plats of land be submitted to the governing body
for approval before the same are recorded in the Office of the Register of
Deeds; and
WHEREAS, Cycle Hutt Inc., Justin W.
Bohn and Tammy W. Bohn presented to the Common Council of the
Lot ML-6 of Schnell’s Addition,
formerly Lots 9 thru 16 in block 1 and
Lots 1 thru 10, 13 thru 24 in Block 2 of Schnell’s Addition and a portion of
the vacated 14th Street R.O.W., referred to a Lot M.L.2; The vacated
east-west alley abutting and adjoining Lots 1 thru 24, Block 2 of Schnell’s
Addition, referred to as Lot M.L.-3; the vacated 13th Street R.O.W.,
referred to as Lot M.L.4, abutting and adjoining Lots 1 and 24, Block 2, Lots
12 and 13, Block 1; The vacated east-west alley abutting and adjoining Lots 9
thru 16, Block 1 of Schnell’s Addition, referred to a Lot M.L.-5; All located
in the NE1/4 of the NE1/4, Section 8, T5N, R5E, BHM
WHEREAS, said plat meets the requirements of the statutes in all
things, now
therefore,
BE IT RESOLVED by the Common Council
of the City of
Dated this 3rd day of December 2007.
Call 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.
This was the time set upon application for a public
hearing for the 2008 calendar year renewal of the Package (off-sale) Liquor
License of the City of
This was the time set upon application for a public
hearing for the 2008 calendar year renewal of the following Retail (on-sale
w/Sunday Sales) Liquor licenses:
1. Chaffee-Bradley, LLC, dba Oasis Bar & Lounge –
2. One Eyed Jacks Saloon of Sturgis Inc, dba One Eyed
Jack’s Saloon –
3. Phil Town Inn, Inc –
4.
5. Buffalo Bill’s Corp, dba Buffalo Bill’s Bowling &
Firehouse –
6. Homeslice Management, LLC, dba Loud American Roadhouse
–
7. American Legion Mead Post 33/ VFW Paha Sapa Post
8. Gunner’s Lounge, LLC, dba Gunner’s Lounge –
Council
member Chaplin questioned the sign at Phil Town, City Attorney Thomson said the
problem had been taken care. Chaplin
also questioned the problem with the signage during the Rally at One Eyed Jacks
Saloon. The Public Safety Committee will
be keeping folders on each liquor establishment and will keep complaints in these
folders. They have addressed the problem with One Eyed Jacks Saloon and it is
not to happen again.
Motion by
This was the time set upon application for a public
hearing for the 2008 calendar year renewal of the following Retail Wine (on-sale) Licenses:
1.
Jesseph & Bartels, LLC, dba Jambonz—
2.
Boulder Canyon
Bar & Grill, LLC, dba Boulder Canyon Bar & Grill—
3.
Julie Olson, dba
Olde Worlde Café & Bookery – 1543 Lazelle
4.
Schmid
Investments – Sidehack Saloon, dba Sidehack Saloon – 1027 Lazelle
5.
Billy Fields
& Jason Fields, dba Rosco’z –
Chaplin
questioned the sign issue at Rosco’z.
Mr. Billy Fields was present to say that he did not agree with the sign
ordinance. City Attorney Thomson asked
that Rosco’s comply with the sign ordinance or action could be taken.
Motion
by
Mayor
LaRue stated that all liquor and wine license holders are responsible for 3
public safety issues at their establishments and that they need to make sure
that they abide by the following regulations: occupancy, fire escape and
emergency lighting.
Motion by Chaplin, seconded by
Ordinance No. 2007-41
AN ORDINANCE
AMENDING ORDINANCE NO. 2006-20 ANNUAL APPROPRIATIONS FOR THE YEAR 2007 OF THE
CITY OF
BE IT ORDAINED by the Common Council
of the City of
4551 Library
4298 Library Furnishings $ 6,000
$
6,000
Capital Improvements 212
4311 Streets
4370 Capital Improvements $
1,600,000
$ 1,600,000
Revolving
Loan Fund 218
0000 No Department
4290 Other $ 8,000
$
8,000
Cert.
Police Grant 272
4211 Police
4260 Supplies & Materials $ 1,000
$
1,000
Rural Development 307
0000 No Department
4410 Principal $ 162.93
4420 Interest $ 669.07
$
832.00
Capital Projects 506
4192 Buildings
4370 Capital
Improvements $ 38,000
$
38,000
Community Projects 508
4520 Parks
4520 Capital Improvements $
20,000
$
20,000
DARE Trust 704-4211
4260 Supplies &
Materials $ 680
4290 Other $ 1900
$ 2580
CC Children’s Fund 717-0000
4290 Other $ 300
1998-36PB 725-0000
4410 Principal $ 15,000
4420 Interest $ 3,400
$
18,400
TIF 7 – Legner 729-0000
4290 Other $ 30,000
TIF 8 – Allison II 730-0000
4290 Other $
110,000
TIF 9 – GSGS, LLC 731-0000
4290 Other $
100,000
Total – All Funds $1,935,112
First
reading: November 19, 2007
Second
reading: December 3, 2007
Adopted: December 3, 2007
Published: December 15, 2007
Effective: January 5, 2008
Motion by Anders, seconded by Call, and carried with
all voting yes to reject all bids for the brush chipper due to irregularities
in advertising.
Motion by Anders, seconded by Chaplin, and carried with
all voting yes to re-advertise for bids for the brush chipper.
Motion
by Usera, seconded by Chaplin, and carried with all voting yes to approve the
following council appointments: City
Attorney
Motion by Chaplin, seconded
by Call, and carried with all voting yes to approve the transition plan for
pedestrian facilities for compliance with
Motion by Chaplin, seconded
by
Motion by Chaplin, seconded
by
Motion by Chaplin, seconded
by
Motion by Chaplin, seconded
by
Motion by Chaplin, seconded
by
Motion by Call, seconded by
Chaplin, and carried with all voting yes to approve the request from the
Motion
by Chaplin, seconded by Anders, and carried with all voting yes to approve
hiring Luke Erfman at the Community Center for $6.25.
ANY OTHER MATTERS THAT MAY COME BEFORE COUNCIL
Wayne Reynolds voiced his
concerns about a potential limestone mining operation that could soon begin in
Connie Weyer approached the
council about the land transfer that took place between the City and West River
Foundation at the November 21, 2007 council meeting. She had concerns about the transfer and how
it happened. She had been under the
assumption that the land was non-buildable land. The council said that she will be dealing
with Black Hills Special Services now.
Roger Schieman stated his concerns
about the land transfer.
It was asked if garbage
receptacles could be put on
Motion
by Chaplin, seconded by Anders, and carried with all voting yes to go into
executive session for contracts 8:59 PM.
Motion
by Anders, seconded by Chaplin, and carried with all voting yes to return to
regular session at 9:23 PM.
Motion
by Call, seconded by
Motion
by Anders, seconded by McVay, and carried with all voting yes to adjourn at
9:25 PM.
ATTEST:
___________________________ APPROVED: ______________________________