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New Underwood, South Dakota
......a good place to be!

July 20, 2016

MINUTES OF THE
NEW UNDERWOOD CITY COUNCIL

 

July 20th meeting was an elected officials workshop in Pierre @ Ramkota 9 a.m. to 3:30 p.m. A quorum of the Council was present at this meeting (Mayor Trullinger, Councilors: Gossard, Holloway, Shoemaker, and K. Trullinger) so it is considered a special meeting with no official city business being discussed.

 

A regular meeting of the New Underwood City Council was held at 6:00 p.m. at the Community Center on July 20, 2016. Present were: Mayor Jack Trullinger, Councilmembers: Laurie Holloway, Teresa Gossard, Karin Shoemaker, and Kathy Trullinger.  Also present: Meri Jo Anderson, Finance Officer, Tim Hall, Dir. of Public Works, Deputy McPherson, Randy Madsen, Marvin Rask, Mike Holloway, and Dianne Trullinger.

 

PUBLIC HEARINGS

The Mayor presented the proposed 2017 budget to the Council and citizens in attendance. It was presented line by line, with the Finance Officer giving input.

Special License number 16-06; Corner Bar; Boondocks; August 6-15, 2016

No one presented themselves to voice any objections.

The Mayor closed the hearings.

 

AGENDA

Motion by Shoemaker second by Holloway to approve the agenda. Aye: all. Motion carried.

 

MINUTES

Moved by Holloway second by K. Trullinger to approve the July 6, 2016 minutes as presented.  Aye: all. Motion carried. 

 

PUBLIC WORKS

  • Mike Holloway took the permanent position as maintenance man. They hired Mason Hall for a couple of weeks to help with chip seal, but he had to return to work, so public works is looking for help. The person just needs to have a driver’s license and be willing to work.

     

513 S. “A” AVE

The Mayor asked the Council and anyone else who wants to volunteer to help with cleaning up 513 S. “A” Ave on Saturday July 23, 2016, since the 10 days to abate has been met. Some of the Council can come in the morning and some in the afternoon. Mr. Randy Madsen stated he will bring in a bobcat to help with the clean-up. The Council agreed that Kieffer Sanitation be called to deliver a roll off at this address.

 

NORTH “C” AVE PROJECT

The bill for the work on North “C” Ave was received today and totaled $25,312.91. The property owners will now be billed for their culverts.

 

SPECIAL LICENSE

SL#16-06; Corner Bar; Boondocks; August 6-15, 2016.

Motion by Holloway second by Shoemaker to approve this permit. Aye: all.  Motion carried.

GARBAGE ORDINANCE NUMBER 16-02

Revised Garbage Ordinance Number 16-02 received its second reading.

 

Note: underlines are new additions and strikethroughs are the deletions from Ordinance Number 13-03.

REVISED GARBAGE ORDINANCE NUMBER 16-02
 
ARTICLE III - UTILITIES
UTILITY ORDINANCE #3 - GARBAGE

 

 

            AN ORDINANCE OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA TO DEFINE AND REGULATE THE COLLECTION AND DISPOSITION OF GARBAGE, RUBBISH, AND REFUSE, AND CHARGES THEREFORE,

 

BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA THAT ORDINANCE NUMBER 16-02 READ AS FOLLOWS:

 

ARTICLE I. IN GENERAL.

 

Section 1: Definitions.

 

(a) The word "household garbage" as used in this ordinance, shall mean kitchen refuse (animal & vegetable matter), cans, bottles, paper, ashes (no hot ashes shall be placed in any garbage container), cardboard no bigger than 2ft by 2ft pieces boxes, and other waste materials ordinarily originating on family domestic or commercial premises, and items which can be, and are, placed in regulation garbage containers  as provided for in this ordinance.  The word "household garbage" shall not include flammable materials as described in Section 5.

(b) A "family domestic unit" for the purpose of this ordinance shall be deemed to be and mean any single independent family unit, irrespective of the number of persons constituting such family.  Each independent family unit living in multiple dwelling residences, apartment houses, or any types or residences, including mobile homes, shall each be deemed a family domestic unit for the purposes of this ordinance.

A family domestic unit will also include home occupations (reference Article IV - Planning and Zoning - Section V) and will apply to any single family residence which operates a business from that structure.

(c) A "commercial customer" for the purpose of this ordinance shall be deemed to be and mean:  anyone who does not fall under the definition of family domestic unit.  Each commercial venture is separate and distinct for the purpose of this Ordinance whether they sit on the same property legal description or not. Commercial Ventures contained within one building and serviced by one water meter are considered one commercial customer. If more than one dumpster is required for a commercial customer, this determination is to be made by the Director of Public Works, based on the amount of garbage, by volume, they produce. If a commercial customer does not generate the volume of garbage necessary to warrant a dumpster they must petition the City Council for the special commercial garbage rate.

(d) A “rural customer” for the purpose of this ordinance shall be deemed to be and mean anyone who does not live within the City of New Underwood City limits.

(e) When a question arises on which classification you are, the determination will be made by the Common Council by simple motion. (Exemptions may be considered for Churches and non-profit organizations.)

 

Section 2: Littering.

 

(a) Any person who willfully causes or allows any litter to be deposited on public property shall be cited for littering.

(b) It is unlawful to place your residential or commercial garbage or rubbish in someone else's business dumpster (State Law No. 34A-7) will be enforced.

 

Section 3: Garbage truck pickup

 

Regular household garbage, paper of all kinds: newspaper, magazines, and office paper. , and paint cans that have been allowed to dry out.

 

Section 4: Disposition of heavy accumulations at the New Underwood Landfill

 

Unauthorized use of the landfill or trespassing are not allowed. As a result of illegal dumping any fine imposed on the City by the EPA will be passed onto the perpetrator.

The dump is open the first and third Saturdays of the month from 8:00 a.m. to 12:00 noon, at the discretion of the Director of Public Works concerning road or weather conditions.

The charge is $20.00 per pickup and $50.00 per truck or trailer load including State sales tax, determined by City Office personnel. (All garbage customers paying City Garbage fees are exempt from this charge.)

 

All materials must be separated as follows:

(a) Mulch:  grass clippings or leaves that have been removed from carrying container.

(b) Burn pit:  trees, clean lumber, clean wooden building material

(c) Freon containing units:  refrigerators, air conditioners, and freezers.  There is a $15.00 disposal fee for City Residents, $20.00 disposal fee for Rural Residents for these items to be accepted at the dump. (This option is available only to residents of the Community.)

(d) Wire: barbed, woven, and electrical

(e) Metal: white goods, car bodies, water heaters, etc.

(f) Concrete, bricks, cinderblocks, rocks

(g) Waste tires.  There is a disposal fee of $5.00 for tires under 16 inch diameter, $10.00 for tires 16 inches and greater and $15.00 for tractor tires, no tires over 18/438 will be accepted.  This fee is in addition to other dumping charges.  (Example:  $20.00 per pick up load plus an additional charge of $5.00 per tire.) All prices include applicable Sales Tax.  (Price changes and hours of dump may be changed by Resolution.)

 

Section 5: Special attention material   (Responsibility of Customers)

 

(a) Motor oil may be taken to Public Works Shop.

(b) Asphalt Shingles and tires - must go to Rapid City Landfill.

(c) Vehicle batteries may be turned in at Public Works Shop.

(d) Chemicals, insecticides must be used for the purpose intended and disposed of according to the label.  Advice on hazardous materials is available by phoning (605) 394-4180.

(e) Highly flammable or explosive materials shall be disposed of as directed by the Director or Public Works at the expense of the owner of possessor thereof.

(f) Paint cans may be taken to Public Works Shop, do not put at the NU city landfill.

(g) All household garbage must go in the garbage truck it is not allowed at the NU city landfill, note collections below.

 

 

ARTICLE II: COLLECTION REGULATIONS.

 

Section 1: Frequency of collection.

 

(a) The collection of family domestic & commercial garbage shall be made at least once per week, provided that the garbage material is properly stored for collection in containers complying with the provisions of this Article. Containers will be put out by 6 A.M. on the collection day.

 

Section 2: Garbage containers required.

(a) All family domestic units or commercial establishments where kitchen garbage accumulates will be provided one or more plastic garbage cans, with  hinged lids, capacity is to be 65 to 95 gallons (if necessary holes must be drilled into the containers to allow liquid to seep out). No barrels or lead-lined cans will be allowed.

(b) Garbage cans shall be kept closed except during the deposit of garbage. 

 

Section 3: Maintenance and replacement of garbage containers.

(a) Every garbage can or container required by this Article shall be the responsibility of the user and maintained by the owner or user in as sanitary condition as possible and shall be thoroughly cleansed as needed by washing, scalding, or otherwise.

 

Section 4: Location of garbage containers.

 

For Family Domestic Units: On the days of the garbage collection, the garbage shall be put within four (4) feet of the edge of the City Street and not impede traffic. The container is to be four (4) feet from trees, cars, mailboxes, and any other objects and if more than one (1) container they have to be at least four (4) feet apart. Special consideration will be given to handicapped and elderly individuals. If requested, plastic dumpsters that service more than one customer shall be placed at a location determined by the Director of Public Works.

No garbage collection vehicle will use private driveway or property in collection garbage under the provisions of this Article. (Exceptions:  Street on the east of Sunny Haven between Pine & Oak, and Pine Street south of Pearson’s Mobile Home Park.)

For Rural Customers: City personnel will designate where their garbage will be placed.

 

Section 5: Billing and Collecting Procedures.

 

(a) Such charge for collection and disposal of garbage shall be payable by and chargeable to, either the owner or occupants of the property.  Such charges shall be noted on the monthly water or sewer billing and shall be immediately due and payable upon such billing date and shall be payable with and in addition to such water or sewer bill; and, in the event of non-payment of said garbage collection and disposal charge, water service may be discontinued by the City at such premises.

(b) When a family domestic unit or a commercial customer is unoccupied and not generating garbage, the garbage fee may be waived, upon notice to City Hall.  The family domestic unit or a commercial customer must be empty for at least thirty (30) days.

(c) Whenever the collection of garbage, trash, and refuse from any premises in the City shall exceed the normal amount as compared to similar circumstances for such premises so that the fee prescribed for such collection is not fair and reasonable as applied to that particular premises, the Common Council may establish a special rate therefore.

(d) The City requires monthly garbage fees from every family domestic unit and commercial customer within the City limits of New Underwood.

(e) The City of New Underwood provides its own collection service.

(f) Garbage fees are as follows and may be changed by Resolution:  (13-02) $20.00 per month for Family Domestic Unit;   $44.00 per month for Commercial Customer or $44.00 per dumpster whichever is greater;  $24.00 per month for Special Commercial Rate; $27.00 per month for Rural Customers with a $60.00 per month for dumpsters; $10.00 per extra dump of dumpsters.  (These prices include State Sales Tax).

Reference Resolution Number 13-02: The following rates will be effective on September 1, 2013, which are due and payable October 1, 2013:

 

ARTICLE III: PENALTY CLAUSE

 

Any person failing or refusing to follow the rules and regulations relating to this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $100.00.

 

(Seal)

                                                                                                                        Jack W. Trullinger, Mayor

 

Meri Jo Anderson, Finance Officer

 

First Reading: July 6, 2016

Second Reading: July 20, 2016

Publish date: July 28, 2016

Effective Date: August 17, 2016

 

Motion by Holloway second by K. Trullinger to approve the second reading. Roll call vote. Aye: Gossard, Holloway, Shoemaker, and Trullinger. Nay: none. Motion carried.

 

 

 

CITY HALL ROOF

We had asked several contractors for quotes on tearing the shingles off and putting steel on the roof of City Hall. Only one quote was received during the last two months.  Motion by K. Trullinger second by Holloway to award the project to Hansen Construction LLC in the amount of $5,067.04.  Roll call vote. Aye: Gossard, Holloway, Shoemaker, and Trullinger. Nay: none. Motion carried.

 

OTHER ITEMS DISCUSSED:

  1. Our renewal application for a restricted use solid waste facility was approved by DENR for a five year period. 

Being no further business Mayor Trullinger adjourned the meeting at 6:49 P.M.

(Seal) Meri Jo Anderson, Finance Officer     




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