PROCEEDINGS OF THE STURGIS CITY COUNCIL – DECEMBER 4, 2006

 

The Common Council of the City of Sturgis met in regular session at the Sturgis Community Center on Monday, December 4, 2006 at 7:30pm.  Present:  Aldermen Tom Ferguson, Roger Call, Penny Green, Sherry Scudder, Pokey Jacobson, Mark Chaplin, Steve Anders & Bev Patterson.  Absent:  Mayor Terry Jensen.

 

Council Vice President Jacobson made the following announcements:  a) Mayor Jensen was not in attendance due to the death of his grandfather.  She further offered condolences on behalf of the council to Jensen and his family; b) the last meeting of the year will be held on Friday, December 29, 2006 at 7:30am at City Hall; c) a moment of silence was observed in honor of our service men & women and in memory of Jensen’s grandfather.

 

Motion by Chaplin, second by Anders & carried to approve the agenda as presented.

 

Motion by Chaplin, second by Call & carried to approve the minutes of the November 20, 2006 council meeting.

 

Motion by Anders, second by Chaplin & carried unanimously to approve the following wages, transfers & claims:

Wages – Mayor and Council $6,365.35; Finance Office $15,760.36; Buildings $2,096.52; Engineering $7,779.85; Police $64,162.30; Fire Department $4,701.68; Streets $14,052.43; Street Cleaning $2,566.71; Cemetery $3,192.88; Community Center $24,362.10; Library $18,378.54; Auditorium $447.01; Parks $18,490.04; Ambulance $14,967.81; Liquor $7,020.89; Water $15,655.79; Wastewater $15,724.86; Sanitary Service $18,400.71; Rally $10,349.62 Federal Withholding $21,848.93; FICA $38,679.96

            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 Service (303) $29,908.33; Debt Service (304) $41,888.42; Debt Service (305) $2,916.67; Debt Service (306) $3,333.33; Community Projects $13,446.67; Revolving Loan Fund $2,500.00

            Accounting Services Out – Sanitation $675.00; Wastewater $675.00

            Street Overlay Out – Sanitation $4,166.67

            GENERAL – BHP&L, $1,106.25, util; MDU, $73.05, util; Prairiewave, $1,333.57, util; Verizon, $1,255.02, util.

            PARK – BHP&L, $134.53, util; Verizon, $44.89, util.

            AMBULANCE SERVICE – BHP&L, $491.97, util; MDU, $70.26, util.

            LIQUOR – Prairiewave, $188.13, util.

            WATER SYSTEM OPERATIONS – BHP&L, $5,810.85, util; MDU, $35.00, util; Prairiewave, $149.62, util; Verizon, $179.56, util.

            WASTEWATER FACILITIES – BHP&L, $9.50, util; Verizon, $180.83, util.

            SANITARY SERVICE – Qwest, $59.33, util; Verizon, $44.89, util.

            RALLY – Verizon, $44.89, util.

            GENERAL – 54 Printing, $430.00, sup; A&J Surplus, $507.36, maint; Apple Books, $965.89, sup Avaya, $48.26, util; Baker & Taylor, $454.01, sup; BH Chemical, $297.82, sup; BHP&L, $825.75, util; BH Truck & Trailer, $8.32, maint; Border States Electric, $759.60, maint; Borders, $99.68, sup; Jerry Burnham, $2,125.00; Carousel Industries, $275.00, sup; Cedar Shore Resort, $139.90, travel; Century Business Products, $46.17, maint; City of Sturgis Water Dept, $857.50, util ;Curt Corey, $20.00, cc prog exp; Dakota Supply Group, $244.32, maint; Demco, $521.34, sup; Diesel Machinery, $710.91, maint; Elan-Fire, $230.93, sup; Energy Labs, $35.00, maint; Executive Business Comm., $65.00, maint; Carl Faber, $110.00, prof fees; Farmers Union Oil, $157.63, sup; Fastenal Company, $72.46, maint; G&H Distributing, $112.19, sup; Gall’s, $434.46, maint; Glock Professional, $150.00, travel; Godfrey Brake Service, $551.61, maint; Golden West Technologies, $27.50, maint; Great Western Tire, $2,024.66, maint; HW Wilson, $205.00, sup; Heartland paper, $782.02, sup; HSBS Business Solutions, $99.99, sup; Kasidy Huffman, $10.00, cc prog exp; Jacobsen Ford, $59.81, maint; Knox Co, $172.00, sup; Kristen Legner, $150.00, cc prog exp; Meade Co Auditor, $12,086.83, other; Meade Co Times, $63.51, publishing; Morman Law Firm, $3,980.52, prof fees; Candy Morrell, $3,000.00, maint; Neve’s Uniforms, $50.00, sup; Newman Traffic Signs, $134.75, sup; Northern Hills Vet Clinic, $204.96, prof fees; Office Depot, $159.98, sup; Officemax, $210.99, sup; Ombs Express Police Supply, $174.89, sup; Owens Interstate Sales, $152.78, maint; Pamida, $189.77, sup; Park Ave. Laundromat, $12.56, sup; Pet Giant, $62.17, sup; Pitney Bowes-Police, $103.50, sup; Police Dept Petty Cash, $31.21, sup; Prairiewave, $346.53, util; Public Safety Equipment, $558.26, sup; Quartermaster, $221.95, sup; Quill Corp, $151.77, sup; Rapid Delivery, $31.20, maint; Rasmussen Mechanical Services, $1,678.14, maint; Regent Book Co, $129.44, sup; Rushmore Office Supplies, $137.91, sup; Sam’s Club, $675.57, cc prog exp; Fred Schmidt, $30.00, other; Spearfish Extinguisher Service, $170.80, maint; TDG Communications, $200.00, sup; Wegner Auto, $42,696.00, equipment; Joey Weiland, $60.00, sup; Weimer’s Diner, $69.00, other; West River Electric Assoc, $431.98, util; Steve Westbrook, $30.00, other; World Media Express, $139.24, sup.

            PARK – BHP&L, $460.32, util; City of Sturgis Water Dept, $131.00, util; Morman Law Firm, $317.79, prof fees.

            BRICK PROJECT – Hebron Brick, $1,545.30, merch for resale.

            LIBRARY BUILDING – BH Technologies, $900.00, lib furn; Brodart Co, $1,222.11, lib furn; Dakota Fence, $2,296.00, lib furn; Demco, $11,897.46, lib furn; Haldeman-Homme, Inc., $29,830.00, lib furn; J&D Woodworks, $6,177.51, lib furn; Johnston Hardware, $13.56, lib furn; Pamida, $144.46, sup.

            AMBULANCE SERVICE – Alltel, $15.18, util; City of Sturgis Water Dept, $41.50, util; DB Billing Co, $3,211.30, prof fees; Elan-Fire, $179.18, sup; Jone Enright, $115.00, travel; Golden West Technologies, $27.50, maint; Pamida, $58.49, sup; Pitney Bowes-Police, $103.49, sup; Prairiewave, $40.67, util; Gretchen Radway, $55.00, travel; Ramkota Hotel, $316.00, travel; West River Electric Assoc, $161.83, util.

            SPECIAL SALES TAX – Chamber of Commerce, $7,500.00, chamber; SIEC, $6,416.67, ind dev.

            CAPITAL IMPROVEMENT – Fence Connection, $22,681.00, cap imp; Heavy Constructors, $649,150.30, cap imp; Hills Materials, $196,028.25, cap imp; Iverson Construction, $10,110.00, cap imp; Morman Law Firm, $24.00, cap imp; RCS Construction, $1,359.36, cap imp.

            SPECIAL SANITATION – Morman Law Firm, $78.00, prof fees.

            UDAG – SIEC, $2,750.00, ind dev.

            CAPITAL PROJECTS – Vanway Trophy, $936.00, cap imp.

            LIQUOR – American Wholesale Distributor, $180.00, merch for resale; City of Sturgis Water Dept, $286.40, util; Eagle Sales of the BH, $8,010.20, off sale beer; Fisher Beverage, $2,616.05, off sale beer; Frito-Lay, $31.79, snacks for resale; Johnson Western wholesale, $6,613.29, off sale liquor; Harriet Lolley, $84.00, merch for resale; Nash Finch, $15.00, other; S. Ellwein, $115.12, merch for resale; SD Dept of Revenue, $25.00, other; Sodak Distributing, $4,267.26, off sale liquor; The Homeslice Group, $3,678.00, publishing; Wells Fargo Merchant Services, $7.50, other.

            WATER SYSTEM OPERATIONS – BHP&L, $564.00, util; City of Sturgis Water Dept, $51.00, util.

            WASTEWATER FACILITIES – Mainline Contracting, $88,018.65, prof fees; Morman Law Firm, $60.00, prof fees; Lance Stansbury, $58.84, travel.

            SANITARY SERVICE – Adams Machining, $221.24, maint; BH Truck & Trailer, $94.96, maint; Diesel Machinery, $247.38, maint; Great Western Tire, $285.00, maint; Kimball Midwest, $233.84, sup; Morman Law Firm, $480.00, prof fees; Rapid Delivery, $15.60, maint; Street Dept Petty Cash, $6.00, other.

            RALLY – AMA Insurance Dept, $125.00, sup; BH.com, $5,500.00, prof fees; Cooper Garnos, $1.50, rally advertising sales; Tyler Lamphere, $17.92, travel; Loud American Roadhouse, $59.65, sup; Morman Law Firm, $1,569.91, prof fees; Sturgis Tire & Automotive, $46.00, maint; TDG Communications, $1,500.00, prof fees.

           

This was the time set upon application for the public hearing for a zoning variance for Jo Ellen McCuan, 1325 Pine St., to construct a detached garage with less than the required side-yard setback.  The Planning Commission denied this request.

 

Building Inspector Scott Rovere advised that it was denied because the Planning Commission did not feel as though McCuan could demonstrate a hardship.

 

McCuan advised that she does not want to have to cut down a maple tree or disturb the landscaping on the north side of her property.  Also, the north side is the only open side that allows for a city view.  (Her proposed garage would be on the south side)

 

Motion by Green, second by Scudder & carried to table this request so as to give McCuan the opportunity to search out a better plan.  Green reminded McCuan that, unless it creates a hardship, the Planning Commission could not approve the variance.

 

Joe DesJarlais, Planning Commission member, advised that there was not enough distance between the eaves of her planned garage and the neighbor’s garage to the south.  If she would move the garage to the north 1 ft, it could alleviate the potential fire concern.

 

Patterson suggested that McCuan meet with DesJarlais, Arvid Meland (Planning Commission member) & Fire Chief Ron Koan to go over her options.

 

This was the time set upon publication for the public hearing for a zoning variance for Dana Walker, 1915 Junction Ave., to construct 2 decks with less than the required front-yard setback.  The Planning Commission denied this request.

 

Building Inspector Rovere advised that Walker had come in to his office for a building permit to add a 2nd story to this home and to remodel it.  Walker then added the decks, which were not part of the building permit application.  The decks have already been built.

 

The Planning Commission suggested that the lower deck could be replaced using the old dimensions.

 

Walker advised that the lower deck is the same size as the old one.  He made the top deck bigger to enable him to move the support beams out.  The appraisal Walker had showed the deck at 10’x16’. 

 

Motion by Green, second by Chaplin & carried, with Scudder voting no, to deny this variance request.

 

Motion by Green, second by Chaplin & carried to set a public hearing date of January 2, 2007 for a zoning variance for Elizabeth Fischer, 2112 Sherman St., to construct a 24’x24’ detached garage with less than the required side-yard setback.

 

Public Works Director Randy Nohava gave a brief update on the Whitewood Service Road project.  The contractor is starting to close down the construction for the winter.  The hard surface has been completed from 20th St out to the county line.  There are millings from Highway 14A to 20th St., which the contractor will have to deal with during the winter.  This is expected to be finished in the spring.

 

Parks Director Gene Stock gave a brief update on the Lion’s Club Park gazebo/restrooms.  Both structures have been completed.  The Parks department still needs to work on the sidewalks & landscaping.  Stock thanked his staff for working on it.

 

This was the time set upon publication for a public hearing for a special events license for the City of Sturgis – Freedom Memorial Wine Tasting Fundraiser, to be held on February 17, 2007 at the City Auditorium.  Motion by Patterson, second by Chaplin & carried to approve said license.

 

This was the time set upon application for a public hearing for the 2007 calendar year renewal of the Package (off-sale) Liquor License of the City of Sturgis, dba Sturgis Liquor – 1075 Lazelle.  Motion by Patterson, second by Green & carried, with Call abstaining, to approve said renewal.

 

This was the time set upon application for a public hearing for the 2007 calendar year renewal of the following Retail (on-sale w/Sunday Sales) Liquor licenses:

a.       Chaffee-Bradley, LLC, dba Oasis Bar & Lounge – 1145 Main St

b.      Buffalo Bill’s Corp, dba Buffalo Bill’s Bowling & Firehouse – 910 1st St

c.       Homeslice Management, LLC, dba Loud American Roadhouse – 1305 Main St

d.      One Eyed Jacks Saloon of Sturgis Inc, dba One Eyed Jack’s Saloon – 1304 Main St

e.       American Legion Mead Post 33/ VFW Paha Sapa Post 2730 – 868 Main St.

f.       Phil Town Inn, Inc – 2431 Junction Ave

g.       Gunner’s Lounge, LLC, dba Gunner’s Lounge – 1006 Main St

h.      Nite Owl Lounge, Inc, dba Nite Owl – 1111 Main St

 

Motion by Patterson and second by Scudder to approve said renewals.

 

Motion by Green and second by Ferguson to amend the previous motion to table the renewal requests of One Eyed Jack’s & Phil Town so that the council can review a couple of circumstances from the past year.

 

Dale Hansen, attorney for One Eyed Jack’s, questioned what the issue was with his client.

 

Green advised that, during the rally, the emergency exit was not allowed at the rear of the building, as was promised as part of their variance request.  Green would like to review this with the fire chief and she would like to know why it took 5 days after notification to comply.

 

Hansen advised that he was not aware of this issue and requested that he be advised ahead of time if there are any issues that the council would like addressed.

 

Deputy City Attorney Candi Thomson advised that the issue with the Phil Town license renewal stems from the non-compliance of Guy Edwards with the City’s sign ordinance.  This topic would be discussed later as it was on the agenda to authorize the City Attorney to bring legal action against him for this.  Thomson further advised that she was of the understanding the Edwards thought the City’s sign ordinance was unconstitutional and the City needed to move forward with legal action regarding the signs.  However, Thomson advised that she did not feel that the council could deny the liquor license renewal due to this fact.

 

Anders called the question.

 

Steve Christiansen, attorney for Guy Edwards, advised that, either way, the sign action would not be done in time for the next council meeting and that he would ask the council to approve the liquor license.

 

The vote was taken on the amendment to the original motion.  Those voting in favor of were Ferguson, Green & Jacobson.  Those opposed were Scudder, Anders, Chaplin & Patterson.  Call abstained.  Motion failed.

 

The vote was then taken on the original motion.  All those presented voted in favor of, with the exception of Green, who voted no, and Call, who abstained.  Motion carried.

 

This was the time set upon application for a public hearing for the 2007 calendar year renewal of the following Retail Wine (on-sale) Licenses:

a.       Billy & Jason Fields, dba Rosco’z – 976 Lazelle

b.      Sheree Schriver, dba Jambonz – 2214 Junction Ave

c.       Julie Olson, dba Olde Worlde Café & Bookery – 1543 Lazelle

d.      Sturgis Rally & Land Co LLC, dba The Knuckle Saloon – 931 1st St

e.       Schmid Investments – Sidehack Saloon, dba Sidehack Saloon – 1027 Lazelle

 

Motion by Chaplin, second by Anders & carried, with Call abstaining, to approve said renewals.

 

Motion by Chaplin, second by Patterson & carried to approve the special events license for the ABATE Snowball Dance to be held on January 13, 2007 at the City Auditorium and to be served by the Nite Owl Lounge.

 

Motion by Green, second by Chaplin & carried to set a public hearing date of December 18, 2006 for the transfer of the Retail (on-sale) Wine License and the Retail (on-off sale) Malt Beverage License from Sheree Schriver, dba Jambonz, 2214 Junction Ave to Jesseph & Bartels, LLC, dba Jambonz, 2214 Junction Ave.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the second reading of Ordinance 2006-22 – Year End Supplemental Appropriations.  The ordinance reads as follows:

Ordinance No. 2006-22

AN ORDINANCE AMENDING ORDINANCE NO. 2005-15 ANNUAL APPROPRIATIONS FOR THE YEAR 2006 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 2005-15 be amended so that the following amounts are hereby appropriated to meet the obligation of the municipality for the year 2006.

 

            General Fund              101

                4111                        Mayor & Council

                        4220    Professional Fees                                $    15,000

                        4260    Supplies                                               $      6,500

                 4141                       Attorney

4220    Professional Fees                                $    12,000

                4192                        Buildings

4280    Utilities                                                            $    30,000

                4198                        Smart Center

4280    Utilities                                                            $      1,200

                4350                        Airport

4320    Buildings                                             $    35,000

    4560                        Auditorium

            4260    Supplies                                               $     7,800

                                                                                                $ 107,500

 

Parks               201-4520

4370    Capital Improvements                          $ 190,100

 

            Mayor’s Ride               208-0000

                        4260    Supplies                                               $     2,300

 

Capital Improvements  212

    4511                        Community Center

4370    Capital Improvements                          $    48,000

    4520                        Parks

4370    Capital Improvements                          $  175,000

    4560                        Auditorium

            4370    Capital             Improvements                          $    11,000

                                                                                    $  234,000

 

            2003 Series Revenue Bond      305-0000

4410    Principal                                              $         500

 

2006 Series Revenue Bond      307-0000

4410    Principal                                              $       1,600

4420    Interest                                                            $       7,400

$       9,000

 

Capital Projects                       506

    4192                        Buildings

4370    Capital Improvements                          $   300,000

                4551                        Library

                        4370    Capital Improvements                          $   210,000

                                                                                                $   510,000

 

DARE Trust                  704-4211

4290    Other                                                   $          900

    

2002 Sewer Bond        705-0000

            4410    Principal                                              $     54,000

            4420    Interest                                                            $     17,800

            5110    Transfer Out                                        $   725,000

                                                                                    $   796,800

 

CC Children’s Fund    717-0000

                        4290    Other                                                   $       1,000

           

            TIF 2 – Bestgen                       720-0000

                        4290    Other                                                   $     53,000

 

            TIF 6 – Lynn’s             724-0000

                        4290    Other                                                   $     27,500

 

            1998-36PB                  725-0000

                        4410    Principal                                              $     15,000

                        4420    Interest                                                            $       3,400

                                                                                                $     18,400

 

            TIF 7 – Legner             729-0000

                        4290    Other                                                   $     66,000

 

            TIF 8 – Allison II         730-0000

                        4290    Other                                                   $   154,000

 

            Total – All Funds                                                         $2,171,000

                       

                                   

First reading:  November 20, 2006

Second reading:  December 4, 2006

Adopted:  December 4, 2006

Published:   December 9, 2006

Effective:  December 30, 2006

 

Motion by Scudder, second by Chaplin & carried unanimously to authorize an additional change bank for the Community Center for the indoor soccer tournament to be held December 15-17, 2006.

 

Motion by Chaplin, second by Scudder & carried unanimously to authorize the Mayor to spend up to $1,000 at the Festival of Trees.  Patterson advised that some citizens questioned her if the City should participate in the Festival of Trees in this fashion.  Essentially, the City would be out-bidding another business & using tax dollars to purchase the item(s).  Jacobson requested that this be included in the budget notes to allow the council to decide as a group what they wish to participate in.

 

Motion by Anders, second by Chaplin & carried unanimously to authorize the City Attorney to bring legal action against Guy Edwards of Phil Town for various sign violations.

 

Motion by Chaplin, second by Anders & carried unanimously to approve the following travel matter:  Scott Rovere – Colorado Chapter Educational Institute Code Training in Denver, March 5-9, 2007.

 

Motion by Chaplin, second by Green & carried unanimously to authorize the library to advertise for 2 part-time positions at $8.00/hr.

 

OTHER MATTERS THAT MAY COME BEFORE COUNCIL

           

Finance Officer Pauline Sumption advised that Alex and Marie Kaufman, son and wife of City Engineer Bob Kaufman, are coming home from Denver on Tuesday, December 5, 2006.

 

Sumption also advised that City Engineer Kaufman had approached her about putting a Christmas tree up on the balcony at the City Hall/Library Complex.  Sumption then thanked Parks Director Gene Stock & Fire Chief Ron Koan for “humoring” her and allowing her to be part of picking out the tree.  She further thanked the Parks Department for cutting the tree down and placing it up on the balcony.

 

Motion by Chaplin, second by Anders & carried to adjourn to executive session for the purpose of discussing legal and contract matters.

 

Motion by Green, second by Chaplin & carried to return to regular session.

 

Motion by Chaplin, second by Anders & carried unanimously to accept the health insurance proposal of Wellmark Blue Cross Blue Shield.  This plan has a $1,000 deductible and $1,000 co-insurance for a single plan and a maximum of two deductibles and two co-insurances for a multi-person plan.  The premiums for this proposal are as follows:

 

Single

 $   366.81

EE/Child(ren)

 $   694.36

EE/Spouse

 $   751.22

Family

 $1,125.73

 

Motion by Green, second by Chaplin & carried to adjourn the meeting at 9:02 pm.

 

ATTEST: ____________________________ APPROVED: _____________________________

            Pauline Sumption, Finance Officer                  Pokey Jacobson, Council Vice President