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Sturgis Council approves resolution to send city manager-related petition to Board of Elections for opinion

STURGIS, S.D. – The city of Sturgis approved a resolution Monday night to have the South Dakota Board of Elections provide a declaratory judgement regarding a petition that was turned in to exclude the city manager from its form of city government.

Sturgis City Attorney Mark Marshall says there are not only several irregularities with the petition, the question it posed is improper. He says South Dakota law authorizes to petition for a “change of in form of municipal government.” However, he says according to South Dakota Codified Law, the employment of a city manager is not a “form of government,” but is instead a special power granted to a municipality.

The city is asking for advice from the Board of Elections.

The group “Sturgis Citizens for Change” turned in the petitions last month. The group wants an election to possibly change to an aldermanic form of government without a city manager.

Despite a threat of a lawsuit from the attorney representing the group last night, alderman Aaron Jordan urged patience in getting a reply back from the Board of Elections.

“When it comes down to the timing of this, we can  rush real quickly. I think I’ve been pretty consistent during my short time here on council, as recommending we should be patient with this. Ultimately, if we do have an election, I want to be sure we have time to do this right.”

The council unanimously agreed to pass the resolution. A reply from the Board of Elections is expected within 30 days.

The council also passed first reading of revisions to the sidewalk and food truck ordinances.

Sturgis City Manager Daniel Ainslie says they are making some changes to coincide with state law and to address some concerns from residents.

In the sidewalk ordinance, he says they are working to shorten the process in making repairs.

“We are trying to shorten the process so that if someone needs to make repairs to a sidewalk so that, because it’s either broken down or heaving from tree roots or maybe it’s no A.D.A. compliant, we would be able to, if we receive a complaint, we could do an inspection and send a notice to the property owner if needed.”

Ainslie says the property owner would then be responsible for repair.

However, he says, because that can get expensive, the city wants to be able to provide some help.

“In Sturgis, what we’ve done for 10 years now, is we provide a no interest loan to property owners so they can have several years to pay that off.”

In the food truck ordinance, the proposed ordinance changes go beyond the state’s minimal regulations and is geared more towards zoning regulations.

A mobile food vendor would also need to apply for a annual $75 permit. The purpose of the permit is to ensure the vendor has all necessary state licenses and is compliant with city regulations.

You  can hear our interview with Council President Beka Zerbst and Alderman Aaron Jordan regarding Monday Night’s Council meeting by clicking on the link under the news section On Demand here: https://www.kbhbradio.com/on-demand

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