STURGIS -  Second reading of a right-of-way maintenance ordinance discussion about cable television franchise agreements, consideration of a conditional use-on-review and approval of several resolutions will be among the items on the agenda for the Sturgis City Council today, Monday, Jan. 3.

The Sturgis City Council passed first reading of the ROW ordinance at its meeting on Dec. 19. They will hear second reading at their meeting today.

The ordinance is hoped to clarify and rectify any inconsistencies concerning right of way maintenance by property owners.

In most circumstances a right-of-way (ROW) functions similar to an easement which allows the public to come onto and use a person's land, however the abutting property owner retains ultimate ownership of the land. 

A sidewalk is an example of how a right-of-way functions. Sidewalks allow the public to safely walk near a road by providing a paved surface across a person's property. The abutting property owner generally owns the property the sidewalk crosses and is responsible for sidewalk maintenance and ensuring the sidewalk remains unobstructed. Non-paved right-of-ways, such as boulevards and ditches function in a similar manner. 

Throughout the city of Sturgis, maintenance of these rights-of-way is inconsistent, said Sturgis Staff Attorney Eric Miller. In most areas, the property owner maintains the ROW, however in some areas the city has taken on the maintenance, or maintenance is being neglected. 

By policy and necessity, the city generally manages paved surfaces of bike paths and public roads in the community, however the city is not commonly responsible for maintaining the grass and private trees located beyond these surfaces. In most communities, the abutting property owner is responsible for maintenance of these areas. 

Property owners are responsible for ensuring there are no overhanging trees, weeds or tall grasses.

“The purpose of these types of standards is to ensure that there are no obstructions or visibility issues, primarily for safety reasons,” he said. 

Miller said the vast majority of areas the city is currently maintaining are the adjacent property owners’ responsibility, but the city does it because it’s not going to get done if they don’t.

Miller said there are sections of the ordinance that allow for provisions in cases of steep inclines or other specific reasons a property owner is unable to maintain their right of way.

The council also will discuss a proposed ordinance which renews the current cable franchise agreements between the City of Sturgis and Midcontinent and Bluepeak, the cable providers providing services within the city. 

The ordinance renews the franchise agreements for the next 10 years on almost the same terms and conditions as the current agreements. The only revisions to the current agreements are based on FCC regulations approved and released in August of 2019 (Section 621 Order), and apply to local franchise agreements. 

The FCC regulations removed the prior requirement that the cable companies provide free base cable to local school districts. Additionally, the regulations limit the city's ability to regulate the base cable rates if there is more than one franchisee operating in the city limits. The city only has the authority to regulate the base cable rates if there is no competition, otherwise the rates are left to the market to regulate. 

The proposed revisions are in line with the revised FCC regulations. By approving the proposed ordinance, it allows the city to continue receiving a maximum 5% of franchise fees, as set by federal law. While the city may lower these fees, the city cannot surpass the 5% maximum fee amount. Both franchisees have reviewed and approved of the revised proposed ordinance. Based on this approval, city staff recommend moving forward to the first reading of SMC Chapter 10.05. 

The Council will meet as a Board of Adjustment to consider a conditional Use on Review submitted by Julie Kisor of 3350 Canyon View Court to operate an in-home hair salon. 

The council will consider several resolutions for the coming year. They include.

• Authorizing City Manager Daniel Ainslie or, on his behalf, Community Center Director Rod to execute said lease agreements for the Sturgis Community Center, Sturgis Auditorium and parklands for events, meetings, games, and other gatherings, both public and private.
• Authorizing City Manager Daniel Ainslie to sign temporary easements for construction on or across city property 
• Authorizing City Manager Daniel Ainslie or Mayor Mark Carstensen to execute lease agreements and associated city documents for any non-first year special events through calendar year 2023.
• Authorizing City Manager Daniel Ainslie or Mayor Mark Carstensen to execute lease agreements and requests of city equipment and resources for any event anticipated to have a total cost to the city of less than $10,000 through calendar year 2023.
• Authorizing City Manager Daniel Ainslie to execute lease proposals presented by Rally and Events staff.
• Authorizing Mayor Mark Carstensen or City Manager Daniel Ainslie to execute sponsorship contracts for partners.
• Authorizing City Manager Daniel Ainslie or Mayor Mark Carstensen to execute contracts for goods or services that comply with the parameters of the Sturgis City Council adopted purchasing policy and employee contracts throughout calendar year 2023.
• Authorizing City Manager Daniel Ainslie or Mayor Mark Carstensen to approve the accounting write off of insufficient payments to the Community Center, Ambulance Service, Liquor Store and the Rubble Site in an annual amount not to exceed $1,500 for each department. The write offs may not end further collection efforts. This authority is granted through the calendar year 2023.
• Set the salary at $14 an hour for members of the election board, made up of three persons per ward. The superintendent will receive $17 an hour. The Counting Board will be a three-person board and will receive $50 a person for the time spent counting ballots. 

You can find the agenda here: https://sturgis-sd.civicweb.net/document/17873/?printPdf=true