A regular meeting of the New Underwood City Council was held at 7:00 p.m. at the Community Center on April 4, 2017. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard, Larry Graham, Karin Shoemaker, and Kathy Trullinger. Also present: Meri Jo Anderson, Finance Officer, Dir. of Public Works Tim Hall, Sgt. Harkins, Deputy Jones, Shirley Printz, Teresa & Ryan Rypkema, and Dianne Trullinger. The meeting was called to order by Mayor Trullinger.
Motion by K. Trullinger second by Shoemaker to approve the agenda. Aye: all. Motion carried.
Moved by K. Trullinger second by Gossard to approve the March 15, 2017 & March 20, 2017 Equalization minutes as presented. Aye: all. Motion carried.
FINANCIAL REPORT & BILL LIST
The financial reports, bill-list and vouchers were presented. Moved by Gossard second by K. Trullinger to approve the financial reports and the following warrants as presented. Aye: all. Motion carried.
March bills payable April 4, 2017
Salaries – Mayor & Council – 361.75; IRS (SS & FWT) – 176.50; Merchant Bank (visa charges) – 39.43; SDML (reg fee) – 168.00; Merchants Bank (Final backhoe payment) – 12138.39; Advanced Technology Products (certified pool operator training) – 295.00; Sams Club (office supplies & fuel) – 355.15; Post Prom (donation) – 100.00; Anothy Ascrizzi (repair solar light) – 150.00; WREA (Service) – 1774.78; Golden West (Service) – 295.64; RC Landfill (dump fees) –; SD State Treasurer (Sales Tax) – 340.61; NU Post (publishing) – 396.33; West River Welding (repair & parts packer) – 350.00; Car Quest (parts roller) – 15.05; Menards (toilet kit repair) – 9.97; McLeods Printing (election supplies) – 73.80; BJ’s Store (tea & oil) – 18.64; MARC (pool supplies) – 1014.92. TOTAL: $18073.96
Salaries –Finance Office – 5326.50 Public Works – 6400.59; IRS (SS & FWT) – 3803.16; SDRS (Mar) – 1602.72; HPSD (health ins) – 1626.12; WREA (Service) – 652.96;WRT (radium removal charge) – 2103.75; Hawkins (chemicals) – 1070.35; Omni Site (alarm) – 25.00. TOTAL: $22611.15
WREA (service) – 75.60; MARC (bugs lagoon) – 330.00; Omni-Site, Inc. (alarm) – 25.00. TOTAL: $430.60
ASSISTANT FINANCE OFFICER
The Council will do interviews on the finalists for the assistant finance officer position starting at 5:00 p.m. April 19th. The Mayor and city staff will narrow down the 25 applicants to 4 to be interviewed.
- Stripped and wax community center floor
- DENR inspected the restricted use site (dump) and it went well.
- Mr. Hall is attending the Certification Class for Swimming pool operators.
Deputy Jones presented the written monthly report. He will be getting more aggressive on the stop sign violations in the City.
ORDINANCE NUMBER 17-01
An amendment to the Nuisance Ordinance received its second reading.
AN ORDINANCE TO AMEND ORDINANCE NUMBER 12-01 ARTICLE VII – NUISANCES
SECTION A. GENERAL DEALING WITH NUISANCES WITHIN THE CITY OF NEW UNDERWOOD
BE IT ORDAINED by the Common Council of the City of New Underwood, Pennington County, South Dakota that the following specified sections of Article VII Section A. are hereby amended as follows: (***Note: underlines are additions)
18. Notice of Violation. Whenever an authorized representative of the City finds that a nuisance exists within the City, the representative can either have the nuisance abated immediately or have the City send a notice of violation to the person creating, permitting, or maintaining such nuisance. Note: Within Mobile Home Parks, the mobile home park owner (Owner of the Mobile Home Court) will also receive the abatement notice and any violations and fines that the tenant receives will also apply to the mobile home park owner, who will pay the fines plus any costs and attorney’s fees against the property, if they do not pay the accumulated costs, it will be added to their property taxes by special assessment. The notice of violation shall state the following:
1. Name and address of the property owner;
2. The address and/or legal description of the property upon which the nuisance exists;
3. Nature of the violation and section of City ordinance which is violated;
4. A statement that the person has ten (10) days to abate the nuisance and/or appeal the notice of violation, in writing, to the common council for the City of New Underwood;
5. A statement that if the violation is not corrected, the City may issue a criminal complaint, pursue civil action, and/or abate the nuisance and charge the costs of abatement plus any costs and attorney’s fees against the property by special assessment;
6. Said written appeal must be received at City Hall in writing no later than 3:00 p.m. on the tenth (10th) day from the notice of violation.
The notice of violation may be served by personal service, certified mail, or, if the address or location of the offending party cannot be ascertained, such notice may be served by conspicuously posting a copy of the notice of violation upon the premises where the nuisance exists. After the time for voluntary abatement has expired, an authorized representative shall re-inspect the offending property to determine if the nuisance was abated.
Jack W. Trullinger, Mayor
Meri Jo Anderson, Finance Officer
First reading: March 15, 2017
Second reading: April 4, 2017
Publish Date: April 13, 2017
Effective Date: May 3, 2017
Motion by Gossard second by K.Trullinger to accept the second reading of Ordinance Number17-01. Roll call vote: Gossard, Graham, Shoemaker, and K. Trullinger. Nay: none. Motion carried.
ORDINANCE NUMBER 17-02
Ordinance Number 17-02 amending the Mobile Home Park Ordinance received its first reading. (***Note: underlines are additions, strikethroughs are deletions)
13. The mobile home must be at least ten feet wide fourteen feet wide and seventy feet in length; finished quality siding (wood, vinyl, metal – no plywood or OSB); have a peaked roof (does not have to be a factory installed peaked roof)
14. The City Council reserves the right to inspect or see photographs of the home to be placed to ensure the conditions.
15. The Mobile/Manufactured Home – Move In Checklist is incorporated into this ordinance and a member of the Common Council will inspect each mobile home prior to the building permit (move on permit) going before the City Council. The non-refundable fee for this inspection checklist is $50.00 on top of the building permit fee.
16. All exits in this mobile home must have stairs within 30 days of placement.
Motion by Graham second by Gossard to approve the first reading of Ordinance Number 17-02. Aye: all. Motion carried.
513 S. “A” AVE PROPERTY
Correspondence from the estate lawyer and the attorney representing the City was presented to the Council. Upon advice from the attorney representing the City, Mr. Westergaard, it was moved by Gossard second by K. Trullinger to discontinue pursuing options for obtaining the property at 513 S. “A” Ave. at this time. Aye: all. Motion carried.
2016 DRINKING WATER REPORT
The 2016 drinking water report was presented to the Council. All tests were within the acceptable standards. Motion by Gossard second by K. Trullinger to accept the 2016 drinking water report and authorize Mr. Hall’s signature on it. Aye: all. Motion carried. A copy of the report is available on line at newunderwood.com and also at City Hall.
CLOSING STREET AND OPEN CONTAINER
Moes Bar & Grill requested closing street on “A” Ave. from Oak to Pine and open container for 4-H Rodeo Street dance July 29.There is to be access for emergency vehicles and residents who live in this area and wrist bands used. Motion by Graham second by Gossard to approve this street closure, and open container from 5 p.m. to midnight. Aye: all. Motion carried.
Spiking Permit SP#17-02; John Bale; July 7, 2017
Moved by Shoemaker second by Gossard to approve this spiking permit. Aye: all. Motion carried.
BP#17-03; Steve Ruff; 210 S. “B” Ave; carport enclosed on two sides
Motion by K. Trullinger second by Gossard to approve this permit. Aye: all. Motion carried.
BP#17-04; Jessica Schauer; 104 S. “C” Ave; fence
Moved by Shoemaker second by Gossard to approve this permit. Aye: all. Motion carried.
Question from Theodore Zorek; 16102 Hwy 1416; place mobile home in back yard to dismantle.
Motion by K. Trullinger second by Graham to deny this request. Aye: all. Motion carried.
A letter will be sent to a property owner on Janklow who has tires in their yard.
OTHER ITEMS DISCUSSED:
- Notice of Election on April 11, 2017 was presented.
- SDML District meeting April 5 in Hot Springs.
Being no further business Mayor Trullinger adjourned the meeting at 7:25 P.M.
(Seal) Meri Jo Anderson, Finance Officer