New Underwood, South Dakota

......a good place to be!

Minutes Special Meeting June 25, 2007

MINUTES OF THE

NEW UNDERWOOD CITY COUNCIL

 

PUBLIC HEARING

The public hearing notices were published on June 14 & June 21st as required by State Law.  The hearing was held on June 25, 2007 at 6:00 p.m. at City Hall.  Present were: Mayor Benita White, Councilmembers: Jackie Dahlquist, Michael Green (by phone as allowed by SDCL 1-25-1), Tyler Richter, and John Torrey.  Also present: The Fin. Officer Meri Jo Anderson, Dir. Public Works Greg Hall, Marvin Rask, Mike & Laurie Holloway, and Cris Allen, NU Post. No one presented themselves with input on the Ordinances or resolution on annexation. The hearing adjourned at 6:10 p.m.

 

SPECIAL MEETING

Immediately following the hearing a special meeting of the New Underwood City Council was held.  The purpose of this meeting was the consideration of Petition for Annexation, Ordinances #07-02 & 03, and annexation resolution.

 

The Mayor called the meeting to order & took roll call with the following members present:  Mayor Benita White, Councilmembers: Jackie Dahlquist, Michael Green (by phone as allowed by SDCL 1-25-1), Tyler Richter, and John Torrey.

 

AGENDA

Motion by Richter second by Torrey to approve the agenda. Roll call vote.  Aye: Dahlquist, Green, Richter, & Torrey.  Nay: none. Motion carried.

 

PETITIONS OF ANNEXATION & RESOLUTION NUMBER 07-05

Petitions of annexation were received from Esther Matz & the City of New Underwood.

Motion by Dahlquist second by Richter to accept these petitions of annexation.  Roll call vote.  Aye:  Dahlquist, Green, Richter, and Torrey.  Nay: none.  Motion carried.  Whereupon Resolution Number 07-05 was introduced.

 

RESOLUTION NO. 07-05

 

            A RESOLUTION EXTENDING THE BOUNDARIES OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA, BY ANNEXING LANDS MORE SPECIFICALLY DESCRIBED HEREIN.

 

            WHEREAS, not less than three-fourths of the registered voters and the owners of not less than three-fourths of the value of the territory sought to be annexed have petitioned the Common Council of the City of New Underwood for concurrent annexation and rezoning of the territory herein described; and,

            WHEREAS, the territory described herein adjoins and is contiguous to the existing boundaries of the City of New Underwood and is not separated from the existing City by any significant physical barriers, and annexation is natural and reasonable and the municipal body hereby created constitutes a homogenous and unified entity, and

              WHEREAS, the Common Council for the City of New Underwood desires to annex this property so that the well house that serves as the source of the City's water supply is brought within territorial jurisdiction of the City of New Underwood, and

            NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of New Underwood, Pennington, South Dakota, that the following described territory be and the same is hereby annexed to the City of New Underwood, to-wit:  (See Exhibit A & B, attached to this resolution)

 

1) NE ¼ ; E ½ SW ¼ Less E 201’ of NE ¼ SE ¼ SW ¼ & Less SE ¼ SE ¼ SW ¼,  Section 30, T2N, R11E, BHM, Pennington County, South Dakota. (341.37 acres of land, more or less)

2) Utility Lot 1, Boydston Heights Subdivision, Section 29, T2N, R11E, BHM, Pennington County, South Dakota. (2.65 acres of land, more or less)

 

Dated this 25th day of June, 2007.

                                                                           CITY OF NEW UNDERWOOD

(Seal)

                                                                            By:  __________________________

                                                                                    Benita R. White, Mayor

ATTEST:

________________________________

Meri Jo Anderson, Finance Officer

 

(Motion by Dahlquist second by Torrey to approve Resolution 07-05 & Ordinances Numbers 07-02 & 03.  Dahlquist withdrew this motion with concurrence from Torrey to do the Resolution separately.)

 

Motion by Dahlquist second by Richter to approve Resolution Number 07-05.  Roll call vote. Aye: Dahlquist, Richter, Green, and Torrey.  Nay: none.  Motion carried.  Whereupon Resolution Number 07-05 was declared duly passed & adopted.

 

 

ORDINANCE NUMBER 07-02 & ORDINANCE NUMBER 07-03

Ordinance Number 07-02 and Ordinance Number 07-03 received their second readings.

 

ORDINANCE NUMBER 07-02

 

            AN ORDINANCE ESTABLISHING A RURAL SERVICE DISTRICT IN THE CITY OF NEW UNDERWOOD.

 

            WHEREAS, the lands described herein were recently annexed by the City of New Underwood upon the petition of the landowners; and,

 

            WHEREAS, such lands are rural in character, are used or usable for agriculture and are not developed for commercial, industrial or urban residential purposes and therefore are not benefited to the same degree as other lands by municipal services financed by general taxation;

 

            NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of New Underwood that pursuant to the provisions of SDCL 9-21A, the following described lands are hereby declared to be and established as a Rural Service District:

 

 NE ¼ ; E ½ SW ¼ Less E 201’ of NE ¼ SE ¼ SW ¼ & Less SE ¼ SE ¼ SW ¼,  Section 30, T2N, R11E, BHM, Pennington County, South Dakota. (341.37 acres of land, more or less)

 

 And as stated in SDCL 9-21A-6 "the tax levy and assessed value on the agricultural land annexed shall not exceed the average tax levy and average assessed value on unannexed agricultural land in adjoining townships in the county as long as it remains rural property."

 

            BE IT FURTHER ORDAINED, that the real property described herein shall, in whole or in part, be removed from the Rural Service District (“District”) when any of the following actions occur:

 

1.                  Approval of a preliminary plat having a density equal to or greater than one lot per acre, the property legally described on the plat shall be removed from the District.

2.                  Final plat for the purpose of commercial, industrial or urban residential development, the property legally described on the plat shall be removed from the District.

3.                  When access to or within the District is from a street dedicated to and accepted by the City, that portion served by such public street shall be removed from the District.

4.                  In removing property from the District the remaining portion, if comprised of 20 acres or more, may remain in the District.

 

Dated this 6th day of June, 2007.

                                                                                    CITY OF NEW UNDERWOOD 

(Seal)

                                                                                    By: _________________________

                                                                                          Benita R. White, Mayor

 

ATTEST:

 

________________________________

Meri Jo Anderson, Finance Officer

 

First Reading:  June 6, 2007

Public Hearing and Second Reading:  June 25, 2007

Published:  June 28, 2007

Effective:  July 17, 2007

 

ORDINANCE NUMBER 07-03

 

            AN ORDINANCE AMENDING ARTICLE IV – PLANNING & ZONING SECTION XV OF THE REVISED ORDINANCES OFTHE CITY OF NEW UNDERWOOD BY ZONING CERTAIN PROPERTY BEING ANNEXED INTO THE CITY.

 

            BE IT ORDAINED by the Common Council of the City of New Underwood that the real property herein described be zoned as follows:  (see map attachments A and B)

 

GA (GeneralAgricultural District) shall be applied to the following parcels: NE ¼ ; E ½ SW ¼ Less E 201’ of NE ¼ SE ¼ SW ¼ & Less SE ¼ SE ¼ SW ¼,  Section 30, T2N, R11E, BHM, Pennington County, South Dakota. (341.37 acres of land, more or less)

 

GI   (General Industrial) shall be applied to the following parcels:   Utility Lot 1, Boydston Heights Subdivision, Section 29, T2N, R11E, BHM, Pennington County, South Dakota. (2.65 acres of land, more or less)

 

            Dated this 6th day of June, 2007

 

(Seal)                                                               CITY OF NEW UNDERWOOD

 

                                                                        By:  ______________________________   

                                                                               Benita R. White, Mayor

ATTEST:

 

_____________________________________

Meri Jo Anderson, Finance Officer

 

First Reading: June 6th, 2007 

Public Hearing & Second Reading:   June 25th, 2007

Published:  June 28, 2007

Effective:  July 17, 2007

 

Motion by Dahlquist second by Torrey to approve the second reading of Ordinance  Numbers 07-02 & 07-03.  Roll call vote. Aye: Dahlquist, Green, Richter, and Torrey.  Nay: none.  Motion carried.  Whereupon Ordinance Numbers 07-02 & 07-03 were declared duly passed & adopted.

 

 

 Being no further business the Mayor adjourned the meeting at 6:20 p.m.

 

 

 

(Seal)  Meri Jo Anderson, Finance Officer