Minutes November 21, 2018
MINUTES OF THE
NEW UNDERWOOD CITY COUNCIL
A regular meeting of the New Underwood City Council was held at 6:00 p.m. at the Community Center on November 21, 2018. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard, Larry Graham, and Kathy Trullinger. Absent: Karin Shoemaker. Also present: Meri Jo Anderson, Finance Director, Dir. of Public Works Tim Hall, Wes Flint, and Serena Rice. The meeting was called to order by Mayor Trullinger.
AGENDA
Motion by K. Trullinger second by Graham to approve the agenda. Aye: all. Motion carried.
MINUTES
Motion by Gossard second by Trullinger to approve the November 7, 2018 minutes as presented. Aye: all. Motion carried.
PUBLIC WORKS The garbage truck will be driven to Sioux Falls on Tuesday for repairs and Mr. Hall should be back Thursday with it. Last week the variable frequency drive went out at the north well and the new one has been installed. Kim Taylor will finish the repairs on Friday with Mr. Hall assisting. MAYOR A letter on removing an obstruction to a water meter was sent. Per city ordinance water meters must be accessible at all times to the City. Mayor Trullinger explained that when a job opening with the city occurs, unless it is a department head each department head fills the position, no advertising is required.
ORDINANCE #18-08
Supplemental Budget Ordinance #18-08 received its second reading.
ORDINANCE NUMBER 18-08
SUPPLEMENTAL BUDGET ORDINANCE
BE IT ORDAINED by the New Underwood City Council that the following amounts be appropriated to the 2018 budget to meet the obligations of the municipality: 101/420/421.5 (Code Red); 101/432.3/429 (Dump fees)-$2,000.00 101/454/411,412,426.00,426.1,428.1,454.1 (Swimming Pool) – $22,500.00; 101/456/425,426 (Community Center) – $2,100.00. Means of finance: undesignated funds from 2018, Park Capital Outlay, and reimbursement from pool fundraiser for building materials.
Jack W. Trullinger, Mayor
(seal) Kristi Pritzkau, Finance Officer
First Reading: November 7, 2018
Second Reading: November 21, 2018
Publish date: November 29, 2018
Effective Date: December 19, 2018
Motion by Graham second by Gossard to approve the second reading of Ordinance Number 18-08. Roll call vote. Aye: Gossard, Trullinger and Graham. Nay: none. Motion carried.
ORDINANCE #18-09
Ordinance #18-09; Zoning; clarifying caretakership requirements, addition of deposit required for skirting, Move on Permit, Mobile Home Application and miscellaneous corrections to pages 10-19 received its second reading. (*Note: underlines are additions, strikethroughs are deletions)
ORDINANCE NUMBER 18-09
AN ORDINANCE TO AMEND ARTICLE IV; ZONING
BE IT ORDAINED by the Common Council for the City of New Underwood that Article IV; Zoning;
Section V. Definition of Terms read as follows: Zoning Administrator – The Mayor or their appointed official.
And Section VII. General Residential District (GR) – Use Regulations read as follows:
B. Permitted Uses (Building Permit required)
1. Single-family dwellings, including mobile homes (ref Section VII) (ref. Section XIV) or manufactured homes
C. Uses Permitted on Review (Building Permit required)
Uses permitted upon review by the Governing Body on a conditional bases basis
include:
7. Mobile homes parks subject to the requirements set forth in Section XI
XIII
8. Mobile homes on single lots subject to the requirements set forth in
Section XII XIV
11. Occupations within residential buildings (reviewed yearly: July 1st)
H. Storage and parking of recreational vehicles
2) Parking of personnel personal recreation recreational vehicles are allow is allowed
4) The recreational vehicle is to be connected to an external electrical source and the a
And Section VIII General Commercial District (GC) Use Regulations
C. Uses Permitted on Review (Building Permit required)
15. Caretaker residence – Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established. The person residing at caretaker residence must be an owner, operator, or employee of the business.
a. Must be owned or operated by said business
b. Must be set back to the rear of the property 10’ from alley and side lot.
c. Must meet requirements of the Mobile/Manufactured Home Move In Checklist.
d. Must be removed within ninety (90) days from last operation date of that business unless new business is established.
e. The person residing at caretaker residence must be an owner, operator, or employee of the business.
F. Yard Requirements
The following requirements shall apply as guidelines only, however anything that is not in compliance with these guidelines (Sec VII subtitle F) shall require a public hearing before Council action can be taken
And Section IX. Central Business District (CB)
C. Uses Permitted on Review (Building Permit required)
15. Caretaker residence – Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established. The person residing at caretaker residence must be an owner, operator, or employee of the business.
a. Must be owned or operated by said business
b. Must be set back to the rear of the property 10’ from alley and side lot.
c. Must meet requirements of the Mobile/Manufactured Home Move In Checklist.
d. Must be removed within ninety (90) days from last operation date of that business unless new business is established.
e. The person residing at caretaker residence must be an owner, operator, or employee of the business.
And Section XI. General Agricultural District (GA)
A. Permitted Uses (Hearing if necessary)
Crops and livestock (provided no substantiated complaint from the residential areas are is received.)
And Section XIII. Mobile Home Parks
C. General Provisions
12. The mobile home shall be provided with skirting from the bottom of the walls to the ground, within thirty (30) days of moving the mobile home onto the lot, and remain in place completely until the mobile home is removed from the park. This skirting must be constructed of fire retardant materials. Prior to move in there will be a $750.00 deposit to be returned only upon completion of the installation of the skirting and stairs at all exits if within 30 days.
16. All exits in this mobile home must have stairs within 30 days of placement. See Section 12 above.
(seal)
Jack W. Trullinger, Mayor
Kristi Pritzkau, Finance Officer
First reading: November 7, 2018
Second reading: November 21, 2018
Publish Date: November 29, 2018
Effective Date: December 19, 2018
Motion by Gossard second by Graham to approve the second reading of Ordinance Number 18-09. Discussion followed with citizen input. The Mayor called the Roll call vote. Aye: Gossard, K. Trullinger and Graham. Nay: none. Motion carried. A full copy of this ordinance is available on the website and at City Hall.
BUILDING PERMITS
BP #18-28; Kami and George Labs; 22796 161st Ave.; Chain link fence Moved by Gossard second by Trullinger to approve this permit. Aye: all. Motion carried.
BP #18-29; Kent Joy; 110 S. “D” Ave; remove old storage shed & 12 X 18 new storage shed Motion by Gossard second by Trullinger to approve this permit pending mobile home park owners signature. Aye: all. Motion carried.
WATER ORDINANCE CLARIFICATION Article III; Utilities; Rental Property Owner Responsibility Clarification “SECTION 10. Any property owner in the City of New Underwood who is renting property or allowing said property to be used without financial gains will hereafter, and henceforth, be responsible for utility deposit and for any utility fees which have not been paid by the person(s) residing on said property. i.e. Water, Sewer, Garbage (a) It shall be the responsibility of the owner of rental property on the City of New Underwood water system to inform the Finance Officer when the property becomes vacated, to make arrangements for the water to be either left on or turned off. If notice is not given and the City determines that the house/property is vacant, the City will discontinue service and not be held responsible for any damage to the water heater or other property resulting from this action. If the owner wishes the water to be left on between renters, or when they are gone for extended periods of time, a meter deposit in the name of the owner must be on account with the City and can be classified as on vacation with no minimum water and sewer rate for that time being due. The renter shall be made aware that they must come to City Hall to establish an account.” Currently this ordinance is not applied to mobile home park owners, just to landlord of rental property. Upon reading the Council feels this ordinance should apply to mobile home park owners since they own the real estate. The Ordinance will be amended to clarify that this includes all real estate owners, since the only way to get delinquent utility bills is to access the real property, with first reading being considered in December. Mobile Home Park owners will be notified of the consideration to amend the ordinance.
2019 ELECTION
Motion by Gossard second by Graham to combine the 2019 election with the school on April 9, 2019 and to appoint, Connie Carmichael, Jim McKee, Kay McKee, and alternates Donna Rankin and Tara Richter to the 2019 election board. Aye: all. Motion carried.
OTHER ITEMS DISCUSSED:
1. Governmental fund sheets were presented by the Finance Director.
2. The Festival of Trees (Grades K-6 put their handmade ornaments on the trees) will be held at the Community Center December 6, 2018.
3. A new tape recorder will be purchased. Being no further business Mayor Trullinger adjourned the meeting at 6:40 p.m.
NEW UNDERWOOD CITY COUNCIL
A regular meeting of the New Underwood City Council was held at 6:00 p.m. at the Community Center on November 21, 2018. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard, Larry Graham, and Kathy Trullinger. Absent: Karin Shoemaker. Also present: Meri Jo Anderson, Finance Director, Dir. of Public Works Tim Hall, Wes Flint, and Serena Rice. The meeting was called to order by Mayor Trullinger.
AGENDA
Motion by K. Trullinger second by Graham to approve the agenda. Aye: all. Motion carried.
MINUTES
Motion by Gossard second by Trullinger to approve the November 7, 2018 minutes as presented. Aye: all. Motion carried.
PUBLIC WORKS The garbage truck will be driven to Sioux Falls on Tuesday for repairs and Mr. Hall should be back Thursday with it. Last week the variable frequency drive went out at the north well and the new one has been installed. Kim Taylor will finish the repairs on Friday with Mr. Hall assisting. MAYOR A letter on removing an obstruction to a water meter was sent. Per city ordinance water meters must be accessible at all times to the City. Mayor Trullinger explained that when a job opening with the city occurs, unless it is a department head each department head fills the position, no advertising is required.
ORDINANCE #18-08
Supplemental Budget Ordinance #18-08 received its second reading.
ORDINANCE NUMBER 18-08
SUPPLEMENTAL BUDGET ORDINANCE
BE IT ORDAINED by the New Underwood City Council that the following amounts be appropriated to the 2018 budget to meet the obligations of the municipality: 101/420/421.5 (Code Red); 101/432.3/429 (Dump fees)-$2,000.00 101/454/411,412,426.00,426.1,428.1,454.1 (Swimming Pool) – $22,500.00; 101/456/425,426 (Community Center) – $2,100.00. Means of finance: undesignated funds from 2018, Park Capital Outlay, and reimbursement from pool fundraiser for building materials.
Jack W. Trullinger, Mayor
(seal) Kristi Pritzkau, Finance Officer
First Reading: November 7, 2018
Second Reading: November 21, 2018
Publish date: November 29, 2018
Effective Date: December 19, 2018
Motion by Graham second by Gossard to approve the second reading of Ordinance Number 18-08. Roll call vote. Aye: Gossard, Trullinger and Graham. Nay: none. Motion carried.
ORDINANCE #18-09
Ordinance #18-09; Zoning; clarifying caretakership requirements, addition of deposit required for skirting, Move on Permit, Mobile Home Application and miscellaneous corrections to pages 10-19 received its second reading. (*Note: underlines are additions, strikethroughs are deletions)
ORDINANCE NUMBER 18-09
AN ORDINANCE TO AMEND ARTICLE IV; ZONING
BE IT ORDAINED by the Common Council for the City of New Underwood that Article IV; Zoning;
Section V. Definition of Terms read as follows: Zoning Administrator – The Mayor or their appointed official.
And Section VII. General Residential District (GR) – Use Regulations read as follows:
B. Permitted Uses (Building Permit required)
1. Single-family dwellings, including mobile homes (ref Section VII) (ref. Section XIV) or manufactured homes
C. Uses Permitted on Review (Building Permit required)
Uses permitted upon review by the Governing Body on a conditional bases basis
include:
7. Mobile homes parks subject to the requirements set forth in Section XI
XIII
8. Mobile homes on single lots subject to the requirements set forth in
Section XII XIV
11. Occupations within residential buildings (reviewed yearly: July 1st)
H. Storage and parking of recreational vehicles
2) Parking of personnel personal recreation recreational vehicles are allow is allowed
4) The recreational vehicle is to be connected to an external electrical source and the a
And Section VIII General Commercial District (GC) Use Regulations
C. Uses Permitted on Review (Building Permit required)
15. Caretaker residence – Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established. The person residing at caretaker residence must be an owner, operator, or employee of the business.
a. Must be owned or operated by said business
b. Must be set back to the rear of the property 10’ from alley and side lot.
c. Must meet requirements of the Mobile/Manufactured Home Move In Checklist.
d. Must be removed within ninety (90) days from last operation date of that business unless new business is established.
e. The person residing at caretaker residence must be an owner, operator, or employee of the business.
F. Yard Requirements
The following requirements shall apply as guidelines only, however anything that is not in compliance with these guidelines (Sec VII subtitle F) shall require a public hearing before Council action can be taken
And Section IX. Central Business District (CB)
C. Uses Permitted on Review (Building Permit required)
15. Caretaker residence – Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established. The person residing at caretaker residence must be an owner, operator, or employee of the business.
a. Must be owned or operated by said business
b. Must be set back to the rear of the property 10’ from alley and side lot.
c. Must meet requirements of the Mobile/Manufactured Home Move In Checklist.
d. Must be removed within ninety (90) days from last operation date of that business unless new business is established.
e. The person residing at caretaker residence must be an owner, operator, or employee of the business.
And Section XI. General Agricultural District (GA)
A. Permitted Uses (Hearing if necessary)
Crops and livestock (provided no substantiated complaint from the residential areas are is received.)
And Section XIII. Mobile Home Parks
C. General Provisions
12. The mobile home shall be provided with skirting from the bottom of the walls to the ground, within thirty (30) days of moving the mobile home onto the lot, and remain in place completely until the mobile home is removed from the park. This skirting must be constructed of fire retardant materials. Prior to move in there will be a $750.00 deposit to be returned only upon completion of the installation of the skirting and stairs at all exits if within 30 days.
16. All exits in this mobile home must have stairs within 30 days of placement. See Section 12 above.
(seal)
Jack W. Trullinger, Mayor
Kristi Pritzkau, Finance Officer
First reading: November 7, 2018
Second reading: November 21, 2018
Publish Date: November 29, 2018
Effective Date: December 19, 2018
Motion by Gossard second by Graham to approve the second reading of Ordinance Number 18-09. Discussion followed with citizen input. The Mayor called the Roll call vote. Aye: Gossard, K. Trullinger and Graham. Nay: none. Motion carried. A full copy of this ordinance is available on the website and at City Hall.
BUILDING PERMITS
BP #18-28; Kami and George Labs; 22796 161st Ave.; Chain link fence Moved by Gossard second by Trullinger to approve this permit. Aye: all. Motion carried.
BP #18-29; Kent Joy; 110 S. “D” Ave; remove old storage shed & 12 X 18 new storage shed Motion by Gossard second by Trullinger to approve this permit pending mobile home park owners signature. Aye: all. Motion carried.
WATER ORDINANCE CLARIFICATION Article III; Utilities; Rental Property Owner Responsibility Clarification “SECTION 10. Any property owner in the City of New Underwood who is renting property or allowing said property to be used without financial gains will hereafter, and henceforth, be responsible for utility deposit and for any utility fees which have not been paid by the person(s) residing on said property. i.e. Water, Sewer, Garbage (a) It shall be the responsibility of the owner of rental property on the City of New Underwood water system to inform the Finance Officer when the property becomes vacated, to make arrangements for the water to be either left on or turned off. If notice is not given and the City determines that the house/property is vacant, the City will discontinue service and not be held responsible for any damage to the water heater or other property resulting from this action. If the owner wishes the water to be left on between renters, or when they are gone for extended periods of time, a meter deposit in the name of the owner must be on account with the City and can be classified as on vacation with no minimum water and sewer rate for that time being due. The renter shall be made aware that they must come to City Hall to establish an account.” Currently this ordinance is not applied to mobile home park owners, just to landlord of rental property. Upon reading the Council feels this ordinance should apply to mobile home park owners since they own the real estate. The Ordinance will be amended to clarify that this includes all real estate owners, since the only way to get delinquent utility bills is to access the real property, with first reading being considered in December. Mobile Home Park owners will be notified of the consideration to amend the ordinance.
2019 ELECTION
Motion by Gossard second by Graham to combine the 2019 election with the school on April 9, 2019 and to appoint, Connie Carmichael, Jim McKee, Kay McKee, and alternates Donna Rankin and Tara Richter to the 2019 election board. Aye: all. Motion carried.
OTHER ITEMS DISCUSSED:
1. Governmental fund sheets were presented by the Finance Director.
2. The Festival of Trees (Grades K-6 put their handmade ornaments on the trees) will be held at the Community Center December 6, 2018.
3. A new tape recorder will be purchased. Being no further business Mayor Trullinger adjourned the meeting at 6:40 p.m.
(Seal)
Meri Jo Anderson, Finance Director