PROCEEDINGS OF THE
Pursuant
to due call and notice thereof, the Common Council of the
Motion by Chaplin, second by Anders & carried to
adjourn to executive session for the purpose of discussing contract issues.
Motion by Chaplin, second by Anders & carried to
return to regular session.
Meland left the room.
Motion by Chaplin, second by Anders & carried to
adjourn the meeting at
ATTEST: _____________________________ APPROVED:
____________________________
PROCEEDINGS OF THE STURGIS
CITY COUNCIL –
The Common Council of the
Mayor Zeigler wished everyone a Merry
A moment of silence was held in honor of our service
men and women serving in the armed forces.
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 Scudder, second by Jensen & carried
unanimously to approve the following claims:
GENERAL FUND – 54 Printing, $250.00, sup; A&J Surplus, $75.48,
sup; Associated Supply, $525.22, sup; Beechmont Press, $212.88, sup; Best
Business Products, $80.79, maint; BH Chemical, $582.42, sup; BH Jerkey Dist Co,
$48.00, resale; BHP&L, $14,988.21, util; Bierschbach Equipment, $50.00,
maint; Birdsall sand & Gravel, $565.73, maint; Sean Briscoe, $10.00,
travel; Rick Bush, $30.00, other; Campbell Supply, $644.22, maint; Coca Cola,
$9.00, sup; Community Center Petty Cash, $3.39, cc prog exp; Dakota Ammo,
$142.85, sup; Diesel Machinery, $688.94, maint; Ecolab, $144.00, other; Elan,
$3,677.65, sup; Energy Labs, $35.00, maint; Executive Business Communications,
$81.25, maint; Farmers Union Oil, $2,087.06, sup; FEI, $28.00, sup; Foothills
Seed, $372.40, sup; Freeman Electric, $818.03, maint; FSH Communications,
$110.00, util; Godfrey Brake
PARK
– 54 Printing, $190.00, sup; A&B Welding, $149.41, sup; Armstrong
Extinguisher, $306.00, maint; BHP&L, $39.00, util; Campbell Supply, $73.13,
sup; Elan, $242.99, sup; Hersrud, $162.36, maint; Integrity Heating & Air
Conditioning, $59.57, maint; Jenner Equipment, $56.54, maint; Jim’s Auto
Salvage, $25.00, maint; Johnston Hardware, $11.64, maint; Kelly Inn, $110.00, travel;
Laboratory Corp of American H, $10.00, prof fees; Jeff Lucas, $34.00, travel;
Lynn’s Dakotamart, $2.23, sup; Meade County Title Co, $150.00, prof fees;
Menard’s, $69.76, sup; MDU, $973.10, util; NAPA, $49.23, maint; Prairiewave
Communications, $101.59, util; Rockingtree Landscapes, $181.48, sup; Rose’s
Sanitation, $38.00, maint; SD Federal Property Agency, $25.00, sup; SDML Work
Comp Fund, $8,468.00, unemployment & Work comp; Tessman Seed Co, $1,393.00,
sup; Adam Weisz, $34.00, travel; Willy’s Mowers & Chainsaws, $61.30, maint.
BRICK
PROJECT FUND – Glover Investments, $1,400.00, city promotion.
AMBULANCE
SERVICE – Cammack Ranch Supply, $4,051.14, maint; DB Billing, $2,770.08,
prof fees; Farmers Union Oil, $535.13, sup; Farmers Union, Union Center,
$36.73, sup; Linweld, $133.35, sup; Office Depot, $89.80, sup; Owens Interstate
Sales, $26.25, sup; SD Dept of Health-Sturgis, $10.00, prof fees; SDML Work
Comp Fund, $6,838.00, unemployment & work comp.
MAYOR’S
RIDE – Elan, $55.59, sup; Fedex, $17.46, sup.
SPECIAL
SALES TAX – Campbell Supply, $34.47, city promotion.
CAPITAL
IMPROVEMENT – Meade Co Auditor, $2,837.93, interest.
SPECIAL
SANITATION – RMI-D-Divisions of Rotonics, $6,952.54, sup; SDML Work Comp
Fund, $978.00, unemployment & work comp.
CERT
POLICE GRANT – Vanway Trophy, $422.35, sup.
2003
SERIES REVENUE BOND – Rural Development, $8,739.00, interest.
CAPITAL
PROJECTS – Birdsall Sand & Gravel, $180.00, cap imp; EAS of ND,
$2,098.85, cap imp.
LIQUOR
– BHP&L, $773.11, util; Eagle Sales, $12,161.96, off sale beer; Ecolab,
$25.50, maint; Fisher Beverage, $9,151.27, off sale beer; Frito Lay, $42.09,
resale; Homeslice, $5,195.00, prof fees; Johnson Western Wholesale, $20,063.59,
off sale liquor; Shirley Lannen, $84.00, resale; Liquor Department, $135.53, sup;
MDU, $105.69, util; Nash Finch, $25.00, other; Pepsi cola, $179.10, resale;
Prairie Berry, $432.00, off sale wine; Rapid
WATER
SYSTEM OPERATIONS – BHP&L, $221.71, util; MDU, $91.20, util;
Prairiewave Communications, $181.76, util; SDML Work Comp Fund, $5,260.00,
unemployment & work comp.
WASTEWATER
FACILITIES – Beechmont Press, $217.75, sup; BHP&L, $1,551.05, util;
SANITARY
SERVICE –
RALLY
– Aurora Studios, $500.00, sup;
This was the time set upon application for a public
hearing for a zoning variance for Dale Butterworth, 1199 and
Motion by Scudder, second by Chaplin & carried
unanimously to approve said variance.
Jacobson did question how the Planning Commission
could approve this beings the lots are required to be 75 foot.
Butterworth advised that each lot’s square footage
would be greater than 7500 square feet so they still met that requirement.
This was the time set to award the bid on a new
garbage truck. The following bids were
received:
Cash Outright W/Truck
Trade W/Sweeper Trade
Sanitation
Products $180,495.00 $160,495.00 $172,995.00
Northern Truck $190,455.00 $171,455.00 No Bid
Motion by Chaplin, second by Meland & carried
unanimously to award the bid to Sanitation Products with no trade in for the
price of $180,495.00.
This was the time set to award the bid on the Woodle
Field Concession Stand/Restrooms. The following bids were received:
Iverson Construction $165,000.00
Ainsworth-Benning $139,900.00
Motion by Chaplin, second by Anders & carried unanimously
to reject bids, as they came in above the estimate, and to readvertise at the appropriate
time. The School Board took similar
action at their meeting on December 13th.
This was the time set upon application for the
public hearings for the following liquor and wine license renewals for the 2006
year:
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 –
Police Chief
The license holders (Gold’s) have cooperated fully
and have turned over surveillance tapes and other information. It has been determined that the manager took
it upon himself during this incident and it was not an act by the license
holders.
Mayor Zeigler advised that the
Dale Hansen, the attorney representing One Eyed
Jack’s, agreed with Chief Bush’s summarization of the events. The Gold family took what they felt like was appropriate
action at the time. They had misjudged the
character of the manager. Hansen noted
that they do police their employees in following the statutes and ordinances, so
this type of activity is not condoned.
They understand that they are still responsible because they are the
license holders. They have met with Chief
Bush & they are committed to not allowing this type of activity to happen
in the future.
As far as the driveway situation is concerned,
Hansen advised that he and his client would meet with the rally inspectors to
make sure this doesn’t happen again.
Jensen questioned if this particular manager is
still an employee of One Eyed Jack’s.
Ray Gold advised that when Chief Bush told them about
the situation, he advised not to say anything to anybody because they wanted to
investigate this incident thoroughly.
However, they did dismiss the employee right away. At that time, they also put in temporary people
to continue business operations. The
Gold’s are extremely sorry for this and will not let it happen again. They have learned that one of them needed to
be here at all times of operation to protect the license from any of this
foolishness. The driveway next to Peter
Gold’s building will be open for deliveries in the future.
Jensen advised that he had heard this employee was
working at One Eyed Jack’s during the rally.
Gold advised that they had contracted with him prior
to this happening and prior to the investigation being concluded. During the rally, he only directed food but
will no longer be permitted to be on the payroll.
Chief Bush agreed that he did tell Gold’s to keep
this information to themselves pending the outcome of the investigation and
that the employee was fired in June.
Jensen questioned if the employee was in control of
closing the facility and Gold responded that the employee’s keys were taken
away immediately.
Jacobson questioned if there was anything in writing
about how the Gold’s are going to take control so things like this don’t
continue to happen, such as hiring practices.
Gold advised that, in the past, they insist that all
bartenders and those handling liquor take the TAM course that is put on by the police
department. Then Peter Gold would hire a
young kid to “test” them to see if any of their employees are selling to minors.
Jacobson advised that her comment had nothing to do
with selling liquor but it did have everything to do with similar types of
activities – the lewd behavior and illegal nudity.
Hansen advised that it was not written but in the
future one of the Gold’s family members would be present during operating hours.
Jacobson advised that the owners needed to be very
aware that they are responsible for activities that take place in their
business. Jacobson further questioned how
they plan to guarantee to the public that this won’t happen again.
Hansen advised that he had spoken with all three
Gold’s & they fully understand their responsibility in this matter.
Anders questioned why the Gold’s brought this
employee back in August if he was fired in June.
Gold advised that he had had a verbal contract with
him to handle the food prior to this incident occurring.
Anders questioned if they couldn’t find anyone to
replace him.
Gold advised that they could not within that short
of time.
Anders advised that he felt it was a serious lack of
judgment on Gold’s part by letting the employee back in at all.
Mayor Zeigler advised that Police Chief Bush was going
to be meeting with all of the liquor, beer & wine license holders in the
early part of June 2006 to go over the ordinances. At that time, Bush will also be asking that the
license holders go strictly by the ordinances & to go the extra mile to be
above board during all hours of operation.
This community doesn’t tolerate this type of activity and the council
understands that the Gold’s are embarrassed about what occurred. However, the council would not allow this
type of activity to occur again.
Gold advised that Hansen had prepared a document
that all employees are going to be asked to read & sign prior to employment
stating that they understand they must follow all state statutes and municipal
ordinances pertaining to the operation of a permanent drinking establishment.
Motion by Chaplin & second by Meland to approve
the renewal of all of the aforementioned liquor and wine licenses.
Anders requested that some of the renewals be pulled
out and be addressed separately.
Jacobson agreed, especially with One Eyed Jack’s
renewal.
Motion by Chaplin, second by Meland & carried
unanimously to amend the previous motion to take One Eyed Jack’s separately.
The vote was taken on the original motion as amended
(to approve the license renewal of One Eyed Jack’s) and it carried with Anders
& Jacobson voting no.
Motion by Chaplin, second by Meland & carried
unanimously to approve the remaining wine & liquor license renewal
applications.
Motion by Patterson, second by Scudder & carried
unanimously to approve the transfer of the Retail (on-off sale) Malt Beverage
and Retail (on-sale) Wine licenses of
Motion by Chaplin, second by Meland & carried to
approve the special events license for the Chamber of Commerce Banquet on
Motion by Chaplin, second by Scudder & carried
unanimously to approve the second reading of Ordinance 2005-19 – YE
Supplemental Appropriations. The
ordinance reads as follows:
Ordinance No. 2005-19
AN ORDINANCE AMENDING ORDINANCE NO. 2004-14 ANNUAL
APPROPRIATIONS FOR THE YEAR 2005 OF THE CITY OF
BE IT ORDAINED by the Common Council of the
General Fund 101
4111
4220 Professional
Fees $ 15,000
4196 Engineering &
Inspections
4150 Group Insurance $
5,000
4250 Repairs & Maint
1,000
4260 Supplies 1,000
4280 Utilities 500 7,500.00
4229 Fire
4260 Supplies 6,000.00
4511 Community
Center
4110 Salaries $ 5,000
4260 Supplies 2,000
4280 Utilities 5,000
4520 Merch for Resale
2,000 14,000.00
4551 Library
4110 Salaries $ 10,000.00
$ 52,500.00
Brick Project 202-0000
4653
Library Building 206-4551
4260 Supplies $ 3,500.00
Mayor’s Ride 208-0000
4290 Other $ 15,500.00
Half-Mile 210-4116
4220 Professional
Fees $ 200.00
4290 Other 4,500.00
$ 4,700.00
Special Sales Tax 211
4653
Capital Improvements 212
4311
Streets
4370 Capital Impr $
50,000
4520 Parks
4370 Capital Impr 50,000 $
100,000.00
CERT Grant 272-4211
4250 Repairs & Maint $
2,000
4260 Supplies 3,000
4270 Travel 1,000 $ 6,000.00
Capital Projects 506
4192
Buildings
4370 Capital Improvements $2,000,000.00
Community Projects 508
4523
4260 Supplies $ 150.00
Total – All Funds $2,199,350.00
First reading:
Second reading:
Adopted:
Published:
Effective:
Motion by Chaplin, second by Patterson & carried
unanimously to approve the following Health Insurance Program with Dakotacare
for 2006:
Deductible $1,000 (max 2)
Co-insurance $1,000 (max 2)
Co-Pay $30/visit
Pharmacy Rider E
Premiums
Total Employer Employee
Single $291.25 $291.25 $ --
EE/Spouse $597.99 $304.99 $293.00
EE/Children $522.40 $267.20 $255.20
Family $863.93 $431.97 $431.96
Motion by Anders, second by Meland & carried
unanimously to authorize the Mayor to sign the License Agreement #120905 with
DM&E for the Whitewood
Motion by Chaplin, second by Scudder & carried
unanimously to authorize payment for the SD Tourism Conference once a head
count is received.
Jacobson introduced the following written resolution
and moved its adoption:
RESOLUTION 2005 - 46
A RESOLUTION AUTHORIZING MAYOR ZEIGLER
TO
SIGN AGENCY OF RECORD CONTRACT WITH HOMESLICE
FOR
ADVERTISING FOR THE YEAR 2006
WHEREAS
the Liquor Store Committee desires to continue with Homeslice Consulting
Corporation’s Agency of Record Contract to provide advertising for the Sturgis
Liquor Store; and
WHEREAS
they have come to an agreement with Homeslice Consulting Corporation to act as
such advertising agent;
BE IT RESOLVED that Mayor Zeigler is
authorized to enter into the Agency of Record Contract with Homeslice
Consulting Corporation concerning advertising for the Sturgis Liquor Store for
the year 2006.
Dated this 19th day of December 2005.
Published:
Effective:
Chaplin duly seconded the motion for the adoption of
the foregoing resolution. All those
present voted in favor of with the exception of Patterson, who voted no, and
the resolution was declared passed & adopted. Patterson requested information on how much had
been spent to date on this contract.
Finance Officer
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION 2005 - 47
A RESOLUTION AUTHORIZING MAYOR ZEIGLER
TO SIGN
AGREEMENT FOR WEB SITE DESIGN AND WEB
SITE HOSTING AGREEMENT
WHEREAS
the
WHEREAS
the
NOW THEREFORE
the Mayor of the
Dated
this 19th day of December, 2005.
Published:
Effective:
Scudder 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.
Scudder introduced the following written resolution
and moved its adoption:
RESOLUTION
2005 - 48
A RESOLUTION AUTHORIZING MAYOR ZEIGLER
TO SIGN
INTERGOVERNMENTAL CONTRACT FOR THE
WHEREAS
the
WHEREAS
the
BE
IT RESOLVED that Mayor Zeigler is authorized to execute the Intergovernmental
Contract for the
Dated
this 19th day of December, 2005.
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 & adopted.
Chaplin introduced the following written resolution
and moved its adoption:
RESOLUTION
2005 - 49
RESOLUTION AUTHORIZING MAYOR ZEIGLER TO
SIGN APPLICATION
TO REGISTER COPY OF 2005 STURGIS MOTORCYCLE
RALLY SURVEY RESULTS
WITH UNITED STATES COPYRIGHT OFFICE
WHEREAS
During the annual Sturgis Motorcycle Rally the
WHEREAS
the results of said survey are published
and the
BE IT
RESOLVED that Mayor Zeigler is authorized to execute the Form TX to register
the copyright of the 2005 Sturgis Motorcycle Rally Survey Results with the
Dated
this 19th day of December, 2005.
Published:
Effective:
Anders 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 Scudder, second by Chaplin & carried
unanimously to authorize the extension of Bev Johnson’s vacation until March 1,
006, barring any additional unforeseen circumstances.
Motion by Chaplin, second by Meland & carried
unanimously to approve the following travel matters: a) Clint Dunker – NGA Conference in
Motion by Chaplin, second by Meland & carried
unanimously to approve the following new hires:
a) Lawrence Hertel – Seasonal
Parks, $7.25/hr, effective 1/1/06; b) Henry Logar – Seasonal Cemetery, $7.25/hr,
effective 1/1/06; c) Larry Springer – Seasonal Parks, $7.75/hr, effective
1/1/06; d) Albert Arsaga – Seasonal Cemetery, $8.00/hr, effective 1/1/06; e) Dave
Mickelson – Seasonal Parks, $10.00/hr, effective 1/1/06.
OTHER MATTERS
THAT MAY COME BEFORE COUNCIL
Chaplin noted that the
Those attending the SD Tourism Conference will be Chaplin,
Scudder, Meland, Jensen, Mayor Zeigler and 2 from the Rally Office.
Motion by Anders, second by Chaplin & carried to
adjourn the meeting at
ATTEST: ____________________________ APPROVED:
_____________________________