PROCEEDINGS OF THE STURGIS
CITY COUNCIL –
The Common Council of the
Mayor Zeigler made the following announcements – a)
thank you to the council & public for tolerating the weather yesterday,
December 5; He had made the call to close City offices and postpone the council
meeting based on a forecast of continuing blowing snow & blizzard-like
conditions and it was not accurate.
However, he had to side on concern & safety; b) the Christmas tree
is going to be lit at
Motion by Scudder, second by Chaplin & carried
to approve the agenda as presented.
Motion by Chaplin, second by Anders & carried to
approve the minutes of the
Motion by Anders, second by Meland & carried
unanimously to approve the following wages, transfers & claims:
Wages –
Transfers
Out - General Fund $31,913.33; Capital Improvement $49,792.92; UDAG
$2,083.33; Liquor $6,250.00; Water $3,306.42; Wastewater $26,751.75; Rally $6,250.00
Transfers
In – Parks $31,913.33; General Fund $12,500.00; Debt
Accounting
Street
Overlay Out (˝ to General Fund, ˝ to Capital Improvements) – Sanitation $4,166.67
GENERAL FUND – BH Fibercom, $234.17, util; BHP&L, $420.31,
util; City of Sturgis Water Dept, $647.80, util; MDU, $189.12, util; Verizon,
$1,310.89, util.
PARK
– BHP&L, $168.30, util; City of Sturgis Water Dept, $92.00, util; Verizon,
$44.85, util.
AMBULANCE
SERVICE – BHP&L, $383.78, util; Cellular One, $14.29, util.
LIQUOR
– City of
WATER
SYSTEM OPERATIONS – BH Fibercom, $150.52, util; BHP&L, $5,022.46, util;
City of Sturgis Water Dept, $68.00, util; MDU, $56.33, util; Verizon, $179.40,
util.
WASTEWATER
FACILITIES – Verizon $89.70, util.
SANITARY
SERVICE – BHP&L, $76.11, util; Qwest Communications, $43.59, util; Verizon,
$91.05, util.
RALLY
– Verizon, $44.85, util.
GENERAL
– 54 Printing, $300.00, sup; Amcon Distributing, $667.84, resale; Associated
Supply, $41.74, maint; Avaya, Inc., $48.26, util; Baker & Taylor, $399.30,
sup;
PARK
– BHP&L, $112.76, util; Morman Law Firm, $223.11, prof fees.
BRICK
PROJECT FUND – Dakota Masonry Supply, $41.22, city promotion; Lamar, $400.00,
city promotion.
AMBULANCE
SERVICE – Alliance Medical, $618.42, sup; DB Billing, $1,465.75, prof fees;
Elan, $218.00, prof fees; Rockingtree Landscapes, $60.44, sup; SD Dept of
Health, $10.00, prof fees.
MAYOR’S
RIDE – Farmers Union Oil, $25.29, sup.
SPECIAL
SALES TAX – Chamber of Commerce, $8,333.33, chamber; SIEC, $7.083.33,
CAPITAL
IMPROVEMENT – Hills Materials, $58,196.70, cap imp; Iverson Construction,
$55,520.00, cap imp.
CAPITAL
PROJECTS – Ainsworth Benning Construction, $176,487.00, cap imp.
LIQUOR
– Coca Cola, $594.50, resale; Eagle Sales, $8,718.90, off sale beer; Fisher
Beverage, $2,639.70, off sale beer; Heartland Paper, $323.19, sup; Homeslice,
$2,460.00, prof fees; Johnson Western Wholesale, $12,620.40, off sale liquor;
Shirley Lannen, $84.00, resale; Nash Finch, $50.00, other; One Way Service
Pros, $120.64, maint; Rushmore News, $23.40, resale; S. Ellwein, $117.35,
resale; Sodak Distributing, $5,516.68, off sale liquor; Sunridge Vineyard,
$84.00, off sale liquor; Wells Fargo Merchant Services, $7.50, other.
WATER
SYSTEM OPERATIONS –
WASTEWATER
FACILITIES – American Engineering Testing, $1,177.75, prof fees; Judd
Crowser, $30.00, travel; Hills Materials, $69.14, sup; Jenner Equipment,
$89.01, maint; Meade County Weed & Pest Mgt, $4,362.40, other; Morman Law
Firm, $60.00, prof fees; Robert Moser, $40.00, travel; Mike Plaggemeyer,
$90.00, travel; Rapid Delivery, $7.48, maint; SD DENR, $24.00, prof fees; Lance
Stansbury, $70.00, travel.
SANITARY
SERVICE – A&B Welding, $68.00, maint; Farmers Union Oil, $12.00, maint;
Great Western Tire, $424.91, maint; Bryon Spartz, $250.00, group ins.
RALLY
– Morman Law Firm, $950.00, prof fees; Officemax, $98.99, sup; Pitney Bowes,
$342.00, rent; Pizza Hut, $17.35, sup; Pizza Ranch, $25.27, sup; Quill Corp,
$154.37, sup; TDG Communications, $1,500.00, prof fees.
CC
CHILDREN’S FUND – Community Center Department, $45.00, other.
This was the time set upon application for a public
hearing for a zoning variance for the City of
This was the time set upon application for a public
hearing for a zoning variance for Michael Fairbank – 1315 Fulton, who has
already constructed a deck on the front of his home with less than the required
front-yard setback and for a zoning variance for Gary Meyer – 1829 Main St.,
who has already begun to construct an addition to his home, including basement,
with less than the required side-yard setbacks.
The Planning Commission did not have a recommendation on these two
requests.
Motion by Anders and second by Jensen to approve
said variances.
Green advised that, on behalf of the Planning
Commission, they wanted to send a message to the council because these two
issues do not fit within ordinance. Every
time an issue like this comes forward, they are advised by legal advisors to
take a serious look at the situation to determine if it would cause a hardship.
They have come to realize that this is more common
that it should be, with things being in process prior to coming to them for a
variance, building permit, etc. They
have talked about a better way of informing the public about the necessity of
permits & following our ordinance guidelines. However, because of the way the council has
been voting, it makes their jobs more questionable as to if they serve a
purpose.
The vote taken with all voting in favor of, with the
exception of Jacobson, Chaplin & Green, who voted no. Motion carried.
Motion by Chaplin, second by Green & carried to
set a public hearing date of January 3, 2006 for a zoning variance for Triple C
Development, owners of the lot on the corner of Lazelle and 14th
Streets., to construct two retail buildings with less than the required
side-yard setbacks.
City Engineer Bob Kaufman advised the council that
they had a packet of information in their boxes regarding a variety of nuisance
complaints. They included the
following: a) Ben Bailey – 309 8th
St., yard full of miscellaneous household items and rolls of used carpet; b)
Don Ingle – 1910 Williams, construction materials, inoperable utility trailers
& old junk trucks; c) Gary Messner – 2114 Williams, inoperable/junk
vehicles; d) Gary Welke – 2004 Paha Sapa, accumulation of wrecked/junked
vehicles; e) Guy Edwards – Deadman’s Addition, compliance with sign
ordinance.
Motion by Green, second by Chaplin & carried
unanimously, to authorize City Attorney Keith Smit to proceed with legal action
regarding these nuisance complaints.
City Engineer Kaufman gave a brief update on the
Library/Municipal Offices Complex. The contractor
has the concrete work done for Phase II and will begin to set steel as soon as it
warms up; the Finance Office will be moving into their offices Thursday,
December 8th; there have been some heating problems that the contractor
has been working on.
Mayor Zeigler advised that he would have had to
close the library/city hall on Monday, December 5th, due to lack of
heat. Public Works Director Nohava worked
with the contractor all day to get the boiler working.
Motion by Scudder, second by Chaplin & carried
unanimously to authorize the Mayor to sign the Certificate of Substantial
Completion for Phase I of the Library/Municipal Office Complex, with the
exception of the HVAC unit and its controls.
Motion by Green, second by Meland & carried
unanimously to approve change order #2 for the Library/Municipal Offices
Complex, which is an increase of $26,521.00.
Connie Ruebel appeared before the council with the
request to use the Auditorium and the Theatre at no charge for the Realtors
Against Meth program that the Northern Hills realtors were putting on. She also requested that the City consider a
monetary contribution as well. They will
be bringing in Mary Hayday to talk to middle & high school students on
Motion by Patterson, second by Chaplin & carried
unanimously to authorize the use of City facilities at no charge and to make a
contribution from the police department in the amount of $500.
Ruebel thanked the Mayor & council and invited
anyone on the council to become involved in this program.
Motion by Anders, second by Chaplin & carried
unanimously to make an additional $500 contribution for this program out of the
contingency funds.
This was the time set to award the bid on the city
travel van. The following bids were
received from Hersruds Chevrolet of Sturgis:
2006 Chevrolet Uplander - $26,951.46; 2006 Chevrolet Express -
$24,923.00. It was noted that the
Express did not meet bid specifications and the Uplander exceeded them. Motion by Chaplin, second by Anders &
carried unanimously to award the bid to Hersruds Chevrolet of Sturgis for the
2006 Uplander.
Motion by Patterson, second by Chaplin & carried
to reschedule the public hearing for the following liquor and wine license
renewals for the 2006 year until
Retail
(on-sale) Liquor
a. One Eyed Jack’s Saloon of Sturgis –
b. Phil-Town Inn –
c. American Legion Mead Post 33/VFW Paha Sapa Post
d. Chaffee-Bradley, LLC/dba Oasis Bar & Lounge –
e. Buffalo Bill’s Bowling & Firehouse –
f.
Perkovich
Enterprises/dba Gunner’s Lounge –
g. Nite Owl Lounge –
h. Homeslice Management/dba Loud American Roadhouse –
Retail
(on-sale) Wine
a. Sheree Schriver/dba Jambonz –
b. Lazelle St Ent/dba Sidehack Saloon – 1027 Lazelle
c. Julie Olson/dba Olde Worlde Café & Bookery – 1543
Lazelle
d. Sturgis Rally & Land Co, LLC/dba The Knuckle
Saloon –
Motion by Patterson, second
by Chaplin & carried to set a public hearing dated of
Green introduced the
following written resolution and moved its adoption:
AMENDED
RESOLUTION
2005-45 - CREATING TAX INCREMENTAL DISTRICT
NUMBER
NINE, CITY OF
WHEREAS
the City of Sturgis did pass Resolution 2005-45 creating Tax Incremental
District Number Nine on the 21st day of November, 2005; and
WHEREAS
said Resolution Creating Tax Incremental District Number Nine described the
lands designating Tax Incremental District Number Nine of the City of
North 180 feet of Lot 2H; West 450 feet
of Lot 3H2; and Lot 4H, all located in the Hurley Subdivision in the North Half
of the Northwest Quarter of Section 16, Township 5 North, Range 5 East of the
Black Hills Meridian, City of Sturgis, Meade County, South Dakota.
WHEREAS
said legal description was incorrect and therefore this amended resolution
creating Tax Incremental District Number Nine, City of
NOW THEREFORE
BE IT RESOLVED that the correct legal description for Tax Incremental District
Number Nine, City of
North 868 feet of Lot 2H; West 450 feet
of Lot 3H2; and Lot 4H, all located in the Hurley Subdivision in the North Half
of the Northwest Quarter of Section 16, Township 5 North, Range 5 East of the
Black Hills Meridian, City of Sturgis, Meade County, South Dakota.
Including any rights-of-way therein as
well as any rights-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
Dated
this 5th day of December, 2005.
Published:
Effective:
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 Patterson & carried
unanimously to authorize the advertisement of a permanent half-time employee
for the Parks Department.
Motion by Chaplin, second by Meland & carried
unanimously to authorize the purchase of a paint booth. This will be placed in the
Motion by Scudder, second by Chaplin & carried
unanimously to authorize the purchase of rotating files for the finance office
vault. The approximate cost is $5,000.
Motion by Meland, second by Scudder & carried
unanimously to approve the request of Linda Lamb to use the City’s sick leave
bank.
Motion by Green, second by Chaplin & carried
unanimously to authorize the Mayor to sign the associated paperwork for the
2006 Dakotacare Flex renewal.
Motion by Scudder, second by Patterson & carried
to approve the mayoral appointment of the following to a Safety Committee: Randy Nohava, Ron Koan, Gene Stock, Eldon
Christians, Pokey Jacobson & Mark Chaplin.
Deputy City Attorney Candi Thomson will serve as legal counsel.
Motion by Chaplin, second by Anders & carried
unanimously to approve first reading of Ordinance 2005-19 – YE Supplemental
Appropriations.
Motion by Patterson, second by Jensen & carried
unanimously to approve the authorization to advertise for an assistant liquor
store manager & a Class 103 Mechanic/Welder and to approve the travel of
Scott Rovere to a Building Inspection Certification Seminar in
Motion by Chaplin, second by Patterson & carried
unanimously to approve the new hire of Krystal Cihak – CC Front Desk, $6.00/hr,
effective
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Motion by Chaplin, second by Meland & carried
unanimously to authorize the Mayor to sign the various Whitewood Service Road
easement agreements.
Anders requested that the department heads look at
the current union contracts & make any suggestions to him & Meland.
Patterson advised, that regarding the previous P&Z
issue, her only thought would be to have Building Inspector Scott Rovere, City
Engineer Kaufman & Engineering/Inspections Assistant Tami Otis work with
Bill Cissell to get an article in the paper regarding requirements for
setbacks, building permits, etc. Also, a
notice could be given to realtors to hand out to prospective buyers.
Motion by Anders, second by Jensen & carried to adjourn
to executive session for the purpose of discussing a contract matter.
Motion by Green, second by Chaplin & carried to
return to regular session.
Motion by Chaplin, second by Patterson & carried
unanimously to hire Guy Edward of Century 21 to appraise the
Motion by Chaplin, second by Meland & carried to
adjourn the meeting at
ATTEST: ___________________________ APPROVED:
______________________________