Minutes August 21, 2019
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 August 21, 2019. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard, Larry Graham, Karin Shoemaker and Kathy Trullinger. Also present: Finance Director Meri Jo Anderson, Finance Officer Kristi Pritzkau, Dir. of Public Works Tim Hall, Serena Rice, City Attorney Terry Westergaard and Ava Krebsbach. The meeting was called to order by Mayor Trullinger with the Pledge of Allegiance following.
PUBLIC HEARING
A Public Hearing was held concerning Special License #19-15; Moe’s Bar and Grill; Rodeo Grounds; September 21, 2019 at 6:00 p.m. Hearing no objections the hearing was adjourned at 6:03 p.m.
PUBLIC HEARING
A Public Hearing was held concerning Special License #19-08; Moe’s Bar and Grill; Rodeo Grounds; August 30 and 31, 2019 began at 6:03 p.m. Hearing no objections the hearing was adjourned at 6:06 p.m.
AGENDA
Motion by Shoemaker second by K. Trullinger to approve the agenda with the change of address for Building Permit #18-11 for Dan Hall being on 229th St. and adding a Spiking Permit for the Corner Bar on September 1, 2019 in case of inclement weather. Aye: all. Motion carried.
MINUTES
It was moved by Gossard second by K. Trullinger to approve the August 8, 2019 Council meeting minutes with the amendment to the bill list changing the Golden West amount in the General Fund to $294.87, TOTAL to $48,534.13. Aye: all. Motion carried.
PUBLIC WORKS
There will be no chip sealing done this year.
They fogged mosquito’s August 20th a.m.
The garbage truck front tire was damaged while picking up garbage on Monday so it was a late start on Tuesday while it was being repaired. As this was an emergency Mayor Trullinger authorized the replacement of two front tires.
Water was found in the hydraulic system of the garbage truck, Mayor Trullinger authorized the funds required to replace the fluid. It works much better now.
MAYOR
A letter was sent regarding vehicles in the Right of Way. Another was sent regarding mowing of a yard. The property owner at 423 S. A Ave. was contacted regarding mowing and they will get it mowed at the beginning of next week.
OATH OF OFFICE
Mayor Trullinger administered the Oath of Office to the appointed City Attorney, Terry Westergaard.
BUILDING PERMIT
Building Permit #19-21; 100 E. Oak St.; Sidewalk and monument. Mayor Trullinger recommended no charge for the permit. It was moved by Graham seconded by Gossard to approve this building permit with the stipulation that it is on their own property and not in the right of way and that the City not donate funds as they are a taxing entity as well. Aye: all. Motion carried. It was discussed that a fundraiser may be a good way to raise money for this cause.
ORDINANCE NUMBER 19-06
Ordinance #19-06 received its second reading.
ORDINANCE NUMBER 19-06
ARTICLE VII – NUISANCES
AN ORDINANCE TO AMEND 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)
17. Weeds. No owner or occupant shall allow any weeds or plants to grow that are declared to be dangerous or noxious weeds by the South Dakota Department of Agriculture or the State Weed Commission. Grass and weeds that are non-noxious shall not be allowed to grow to a height of more than eight (8) inches or which have gone or are about to go to seed. Fallen tree limbs, dead trees, and dead tree limbs which constitute a health, safety or fire hazard are declared a nuisance. This section does not prohibit the cultivation of crops or vegetation grown in a livestock pasture, wildflower display garden or undeveloped, unpopulated area.
The Director of Public Works, may will at the beginning of or during the growing season, by public notice, require all weeds and tall grass on such lot any lot within the city to be cut and removed. Notice need not be given personally, but may will be given generally by one publication in the official newspaper. Such notice shall provide that each owner, occupant or person in charge of any lot within the city shall cut and remove all noxious weeds, and keep grass and other weeds cut from alley to street even in the right of waysas to prevent aforementioned problems from occurring. Failure to keep such weeds and grass cut will cause the same to be cut and assess the costs thereof against the property benefited. One such notice shall be sufficient for each growing season.
If Public Works has to mow any private property, the minimum fee is $100.00 and $80.00/hour after the first hour and $50.00/ hour for each additional person required to complete the job. If said property has to be mowed a second time and the fee has been paid within 10 days of the bill the fee will remain the same. If the fee is not paid within 10 days of the bill the minimum fee will increase to $200.00 and $200.00/hour following the first hour. The fee will be $100.00/hour for each additional person required to complete the job. If the fee is not paid, the fee will be attached to the property and it must be paid prior to transfer of ownership.
18. Notice of Violation. Whenever an authorized representative of the City finds that a nuisance exists within the City, other than mowing, 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
Kristi Pritzkau, Finance Officer
First reading: August 7, 2019
Second reading: August 21, 2019
Publish Date: August 29, 2019
Effective Date: September 18, 2019
Motion by Gossard second by Graham to approve the second reading. Roll call vote. Aye: Gossard, Shoemaker, K. Trullinger, Graham. Nay: none. Motion carried.
ORDINANCE NUMBER 19-07
Ordinance #19-07 received its second reading.
ORDINANCE NUMBER 19-07
AN ORDINANCE TO AMEND ARTICLE III; UTILITIES; A. UTILITY ORDINANCE #1- WATER – SECTION 9
BE IT ORDAINED by the Common Council for the City of New Underwood that Article III; A. Utility Ordinance #1 Water; Section 9 add the following wordage to this section. (*Note: underlines are additions, strikethroughs are deletions)
SECTION 9. There shall be a meter in every service line attached to the water mains. A double banded saddle, corporation, curb stop (all curb stop risers must be metal when replaced) & curb stop box on property line, and a dual check valve on the house side of the meter will be installed on the service line, at the sole expense of the customer. If a curb stop is inaccessible, the City will notify the property owner to correct the problem within 7 days, at the property owner’s expense. If not repaired within this time frame the City will repair and bill the property owner at the current City rate. All service pipes connected with the water system from the water mains to the water meters shall be approved by the Director of Public Works at the customer’s expense. All single family units with a service line to the City mains will have a meter and pay monthly charges. Any abandoned buildings and all other buildings on private property such as car garages, storage buildings, etc. on private property with a service line connection to City mains will have a meter and pay monthly charges if asked to be turned on. All apartments, duplexes, Mobile Home Courts, campsites, etc., i.e. those being of more than one family unit, will have at least one service line and meter and will pay a minimum charge set by Resolution of the City Council to be consistent with other users within the Municipality.
(seal)
Jack W. Trullinger, Mayor
Kristi Pritzkau, Finance Officer
First reading: August 7, 2019
Second reading: August 21, 2019
Publish Date: August 29, 2019
Effective Date: September 18, 2019
Motion by Shoemaker second by K. Trullinger to approve the second reading. Roll call vote. Aye: Gossard, Shoemaker, K. Trullinger, Graham. Nay: none. Motion carried.
BUDGET
Budget Ordinance Number 19-08 received its first reading. Motion by Gossard second by Graham to approve the first reading of Ordinance #19-08. Aye: all. Motion carried.
SPECIAL LICENSE
It was moved by Gossard seconded by Shoemaker to approve Special License #19-15; Moe’s Bar and Grill; September 21, 2019 for the Match Bronc Ride at the Rodeo Grounds as there were no objections. Aye: all. Motion carried.
Motion by K Trullinger second by Gossard to approve Special License #19-16; Moe’s Bar and Grill; August 30 & 31, 2019 for the SDRA Rodeo at the Rodeo Grounds. Aye: all. Motion carried.
BUILDING PERMIT
Motion by Graham second by K. Trullinger to approve an extension for BP# 18-11; Dan Hall; 16056 229th St. House, Shop, Garage. Aye: all. Motion carried.
SPIKING PERMIT
Motion by Gossard second by Shoemaker to approve the Spiking Permit for the Corner Bar on September 1, 2019 at the Community Center in the event there is inclement weather the night of the Labor Day weekend Street Dance. The Corner Bar will be responsible for making sure there is no underage consumption of alcohol. Aye: all. Motion carried.
OTHER ITEMS DISCUSSED:
Governmental fund sheets were presented by the Finance Officer.
Residents are encouraged to call 911 in an emergency or when something suspicious is noticed. They will be able to get an officer to take care of any issues. It is better to report it than to wonder later if it was important enough.
Being no further business Mayor Trullinger adjourned the meeting at 6:22 p.m.
(Seal)
Kristi Pritzkau, Finance Officer
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 August 21, 2019. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard, Larry Graham, Karin Shoemaker and Kathy Trullinger. Also present: Finance Director Meri Jo Anderson, Finance Officer Kristi Pritzkau, Dir. of Public Works Tim Hall, Serena Rice, City Attorney Terry Westergaard and Ava Krebsbach. The meeting was called to order by Mayor Trullinger with the Pledge of Allegiance following.
PUBLIC HEARING
A Public Hearing was held concerning Special License #19-15; Moe’s Bar and Grill; Rodeo Grounds; September 21, 2019 at 6:00 p.m. Hearing no objections the hearing was adjourned at 6:03 p.m.
PUBLIC HEARING
A Public Hearing was held concerning Special License #19-08; Moe’s Bar and Grill; Rodeo Grounds; August 30 and 31, 2019 began at 6:03 p.m. Hearing no objections the hearing was adjourned at 6:06 p.m.
AGENDA
Motion by Shoemaker second by K. Trullinger to approve the agenda with the change of address for Building Permit #18-11 for Dan Hall being on 229th St. and adding a Spiking Permit for the Corner Bar on September 1, 2019 in case of inclement weather. Aye: all. Motion carried.
MINUTES
It was moved by Gossard second by K. Trullinger to approve the August 8, 2019 Council meeting minutes with the amendment to the bill list changing the Golden West amount in the General Fund to $294.87, TOTAL to $48,534.13. Aye: all. Motion carried.
PUBLIC WORKS
There will be no chip sealing done this year.
They fogged mosquito’s August 20th a.m.
The garbage truck front tire was damaged while picking up garbage on Monday so it was a late start on Tuesday while it was being repaired. As this was an emergency Mayor Trullinger authorized the replacement of two front tires.
Water was found in the hydraulic system of the garbage truck, Mayor Trullinger authorized the funds required to replace the fluid. It works much better now.
MAYOR
A letter was sent regarding vehicles in the Right of Way. Another was sent regarding mowing of a yard. The property owner at 423 S. A Ave. was contacted regarding mowing and they will get it mowed at the beginning of next week.
OATH OF OFFICE
Mayor Trullinger administered the Oath of Office to the appointed City Attorney, Terry Westergaard.
BUILDING PERMIT
Building Permit #19-21; 100 E. Oak St.; Sidewalk and monument. Mayor Trullinger recommended no charge for the permit. It was moved by Graham seconded by Gossard to approve this building permit with the stipulation that it is on their own property and not in the right of way and that the City not donate funds as they are a taxing entity as well. Aye: all. Motion carried. It was discussed that a fundraiser may be a good way to raise money for this cause.
ORDINANCE NUMBER 19-06
Ordinance #19-06 received its second reading.
ORDINANCE NUMBER 19-06
ARTICLE VII – NUISANCES
AN ORDINANCE TO AMEND 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)
17. Weeds. No owner or occupant shall allow any weeds or plants to grow that are declared to be dangerous or noxious weeds by the South Dakota Department of Agriculture or the State Weed Commission. Grass and weeds that are non-noxious shall not be allowed to grow to a height of more than eight (8) inches or which have gone or are about to go to seed. Fallen tree limbs, dead trees, and dead tree limbs which constitute a health, safety or fire hazard are declared a nuisance. This section does not prohibit the cultivation of crops or vegetation grown in a livestock pasture, wildflower display garden or undeveloped, unpopulated area.
The Director of Public Works, may will at the beginning of or during the growing season, by public notice, require all weeds and tall grass on such lot any lot within the city to be cut and removed. Notice need not be given personally, but may will be given generally by one publication in the official newspaper. Such notice shall provide that each owner, occupant or person in charge of any lot within the city shall cut and remove all noxious weeds, and keep grass and other weeds cut from alley to street even in the right of waysas to prevent aforementioned problems from occurring. Failure to keep such weeds and grass cut will cause the same to be cut and assess the costs thereof against the property benefited. One such notice shall be sufficient for each growing season.
If Public Works has to mow any private property, the minimum fee is $100.00 and $80.00/hour after the first hour and $50.00/ hour for each additional person required to complete the job. If said property has to be mowed a second time and the fee has been paid within 10 days of the bill the fee will remain the same. If the fee is not paid within 10 days of the bill the minimum fee will increase to $200.00 and $200.00/hour following the first hour. The fee will be $100.00/hour for each additional person required to complete the job. If the fee is not paid, the fee will be attached to the property and it must be paid prior to transfer of ownership.
18. Notice of Violation. Whenever an authorized representative of the City finds that a nuisance exists within the City, other than mowing, 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
Kristi Pritzkau, Finance Officer
First reading: August 7, 2019
Second reading: August 21, 2019
Publish Date: August 29, 2019
Effective Date: September 18, 2019
Motion by Gossard second by Graham to approve the second reading. Roll call vote. Aye: Gossard, Shoemaker, K. Trullinger, Graham. Nay: none. Motion carried.
ORDINANCE NUMBER 19-07
Ordinance #19-07 received its second reading.
ORDINANCE NUMBER 19-07
AN ORDINANCE TO AMEND ARTICLE III; UTILITIES; A. UTILITY ORDINANCE #1- WATER – SECTION 9
BE IT ORDAINED by the Common Council for the City of New Underwood that Article III; A. Utility Ordinance #1 Water; Section 9 add the following wordage to this section. (*Note: underlines are additions, strikethroughs are deletions)
SECTION 9. There shall be a meter in every service line attached to the water mains. A double banded saddle, corporation, curb stop (all curb stop risers must be metal when replaced) & curb stop box on property line, and a dual check valve on the house side of the meter will be installed on the service line, at the sole expense of the customer. If a curb stop is inaccessible, the City will notify the property owner to correct the problem within 7 days, at the property owner’s expense. If not repaired within this time frame the City will repair and bill the property owner at the current City rate. All service pipes connected with the water system from the water mains to the water meters shall be approved by the Director of Public Works at the customer’s expense. All single family units with a service line to the City mains will have a meter and pay monthly charges. Any abandoned buildings and all other buildings on private property such as car garages, storage buildings, etc. on private property with a service line connection to City mains will have a meter and pay monthly charges if asked to be turned on. All apartments, duplexes, Mobile Home Courts, campsites, etc., i.e. those being of more than one family unit, will have at least one service line and meter and will pay a minimum charge set by Resolution of the City Council to be consistent with other users within the Municipality.
(seal)
Jack W. Trullinger, Mayor
Kristi Pritzkau, Finance Officer
First reading: August 7, 2019
Second reading: August 21, 2019
Publish Date: August 29, 2019
Effective Date: September 18, 2019
Motion by Shoemaker second by K. Trullinger to approve the second reading. Roll call vote. Aye: Gossard, Shoemaker, K. Trullinger, Graham. Nay: none. Motion carried.
BUDGET
Budget Ordinance Number 19-08 received its first reading. Motion by Gossard second by Graham to approve the first reading of Ordinance #19-08. Aye: all. Motion carried.
SPECIAL LICENSE
It was moved by Gossard seconded by Shoemaker to approve Special License #19-15; Moe’s Bar and Grill; September 21, 2019 for the Match Bronc Ride at the Rodeo Grounds as there were no objections. Aye: all. Motion carried.
Motion by K Trullinger second by Gossard to approve Special License #19-16; Moe’s Bar and Grill; August 30 & 31, 2019 for the SDRA Rodeo at the Rodeo Grounds. Aye: all. Motion carried.
BUILDING PERMIT
Motion by Graham second by K. Trullinger to approve an extension for BP# 18-11; Dan Hall; 16056 229th St. House, Shop, Garage. Aye: all. Motion carried.
SPIKING PERMIT
Motion by Gossard second by Shoemaker to approve the Spiking Permit for the Corner Bar on September 1, 2019 at the Community Center in the event there is inclement weather the night of the Labor Day weekend Street Dance. The Corner Bar will be responsible for making sure there is no underage consumption of alcohol. Aye: all. Motion carried.
OTHER ITEMS DISCUSSED:
Governmental fund sheets were presented by the Finance Officer.
Residents are encouraged to call 911 in an emergency or when something suspicious is noticed. They will be able to get an officer to take care of any issues. It is better to report it than to wonder later if it was important enough.
Being no further business Mayor Trullinger adjourned the meeting at 6:22 p.m.
(Seal)
Kristi Pritzkau, Finance Officer