Minutes June 15, 2021
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 June 15, 2021. Present were: Mayor Teresa Hall, Councilmembers: Larry Graham, Tera Hockenbary (by teleconference, then in person at 6:20), Tara Richter and Kathy Trullinger. Also present: Meri Jo Anderson, Finance Director, Kristi Pritzkau, Finance Officer, Public Works Director Tim Hall, Pool Manager Jaedyn Finkbeiner and at 6:27 Ronnie Racicky. The meeting was called to order by Mayor Hall with the Pledge of Allegiance following.
AGENDA
Motion by Graham seconded by Richter to approve the agenda. Aye: all. Nay: none. Motion carried.
POOL MANAGER
Evening swim classes started yesterday. There are 25 people signed up for the evening sessions and so far over 20 have signed up for the daytime classes July 12-17.
The pool staff is in the process of planning a fundraiser to ensure free swim. Further information about this will be provided at the next meeting.
There was one application received, but so far, no information on how to get someone certified as a lifeguard has been found. Meri Jo Anderson suggested checking with the Swim Center in Rapid City.
Due to staffing issues the pool may need to be closed July 3rd in addition to July 4th.
The Mayor and Council reminds patrons to be courteous to pool staff or they may be banned from the pool for the remainder of the season.
Mayor Hall thanked Jaedyn Finkbeiner and said to keep up the good work.
MINUTES
Motion by Hockenbary second by Richter to approve the June 1, 2021 regular meeting minutes with the following correction:The Covid restrictions from last year have been lifted. Instead of: As of now there are no restrictions on the number of people at the pool. Aye: all. Nay: none. Motion carried.
PUBLIC WORKS
The refrigerators at the dump should be hauled out soon.
EZ Street is being applied to the north/south roads in town this year.
Mosquitos will be sprayed soon.
The flood ditch will be mowed. Mr. Hall had been told in prior years to wait until after the 4th of July to cut the grass there so that there were not piles of dead grass to feed any potential fires during the holiday.
WATER STORAGE TANK
Motion by K. Trullinger seconded by Richter that if Liquid Engineering planned to charge to install the anode’s they wouldn’t replace last year while they cleaned the tank, that Mr. Hall be allowed to spend up to $3,000 to have new anode’s installed and the tank cleaned again by another company.
SEWER AERATOR
Motion by Graham seconded by K. Trullinger to approve $16,000 for the purchase of a sewer aerator that had been used by the Department of Game, Fish and Parks for a year. Aye: all. Nay: none. Motion carried.
MAYOR
Fireworks are allowed in City limits for residents from June 27-July 5, 2021 by City Ordinance. Ronnie Racicky encourages residents to stay in town when lighting the fireworks to help local fire fighters in the case of a fire. Please be courteous to others concerning the time of lighting them off.
The pool has received $1,900 so far this year in donations. More is needed to ensure free swim for the remainder of the year.
ORDINANCE #21-04
Ordinance #21-04 received the second reading.
ORDINANCE #21-04
A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES.
WHEREAS, the City of New Underwood is authorized to enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. The City of New Underwood may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. The City of New Underwood may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.
WHEREAS, the City of New Underwood makes a preliminary finding that the City’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1;
WHEREAS, medical cannabis state laws under SDCL Chapter 34-20G are effective July 1, 2021. The South Dakota Department of Health is required to promulgate rules pursuant to chapter 1-26 not later than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government will not yet know standards for medical cannabis and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local permits and to better ensure applicants have a more predictable permitting process and avoid stranded investments.
WHEREAS, the City of New Underwood makes a preliminary finding that the city needs further study of the relationship of medical cannabis establishments to the City’s Comprehensive Plan and Zoning Ordinances. The public interest requires that the City study, analyze, and evaluate the impacts of medical cannabis establishments and to fully explore the impacts of any proposed regulations regarding medical cannabis establishments;
WHEREAS, the City of New Underwood makes a preliminary finding that it would be inappropriate for the City to issue a local permit or license to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same;
WHEREAS, the City of New Underwood hereby exercises its authority under SDCL 11-4-3.1 and SDCL 9-19-13, to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the City;
WHEREAS, a temporary ordinance will ensure that more comprehensive zoning ordinance and building permit changes, licensing permits, and any proposed amendments to the City’s Comprehensive Plan can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives;
WHEREAS, the City finds that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom;
WHEREAS, the City finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the municipal government and its existing public institutions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD:
Section 1. Temporary Ordinance – Application for Local Permit/License
A medical cannabis establishment desiring to operate in the City of New Underwood shall be required to apply for a permit and/or license from the City. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until sixty days have passed following the South Dakota Department of Health’s promulgation of regulations as required by SDCL 30-20G-72. Any application received prior to sixty days having passed following such regulations being promulgated shall be denied.
Section 2. Immediate Effect.
This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions pursuant to SDCL 11-4-3.1 and SDCL 9-19-13.
Dated this 15 day of June, 2021.
_________________________
Teresa M. Hall, Mayor
ATTEST:
____________________________
Kristi Pritzkau, Finance Officer
First Reading: June 1, 2021
Second Reading: June 15, 2021
Published: June 24, 2021
Effective date: July 14, 2021
Motion by Hockenbary seconded by Graham to approve Ordinance #21-04. Roll call vote. Aye: Graham, Hockenbary, Richter and Trullinger. Nay: none. Motion carried.
CECILIA LANE
Although the Council is willing to accept Cecilia Lane onto the street system, the discussion was tabled until it meets Ordinance requirements and the Public Works director finds it satisfactory.
MEETING DATE CHANGE
It was moved by K. Trullinger seconded by Hockenbary to change the first Council meeting in July to Wednesday July 7, 2021 as staff is taking July 5th off for the holiday. Aye: all. Nay: none. Motion carried.
OTHER ITEMS DISCUSSED:
Governmental fund sheets were presented.
The Finance Officer found the HR and FO schools in Pierre to be very educational again.
The Elected Officials Workshop is in Pierre on July 14, 2021. There will be a virtual Elected Officials Workshop on July 21, 2021 that the others may be able to attend.
Residents are encouraged to keep their yards mowed as this helps to keep the mosquito population down.
Being no further business Mayor Hall adjourned the meeting at 6:36 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 June 15, 2021. Present were: Mayor Teresa Hall, Councilmembers: Larry Graham, Tera Hockenbary (by teleconference, then in person at 6:20), Tara Richter and Kathy Trullinger. Also present: Meri Jo Anderson, Finance Director, Kristi Pritzkau, Finance Officer, Public Works Director Tim Hall, Pool Manager Jaedyn Finkbeiner and at 6:27 Ronnie Racicky. The meeting was called to order by Mayor Hall with the Pledge of Allegiance following.
AGENDA
Motion by Graham seconded by Richter to approve the agenda. Aye: all. Nay: none. Motion carried.
POOL MANAGER
Evening swim classes started yesterday. There are 25 people signed up for the evening sessions and so far over 20 have signed up for the daytime classes July 12-17.
The pool staff is in the process of planning a fundraiser to ensure free swim. Further information about this will be provided at the next meeting.
There was one application received, but so far, no information on how to get someone certified as a lifeguard has been found. Meri Jo Anderson suggested checking with the Swim Center in Rapid City.
Due to staffing issues the pool may need to be closed July 3rd in addition to July 4th.
The Mayor and Council reminds patrons to be courteous to pool staff or they may be banned from the pool for the remainder of the season.
Mayor Hall thanked Jaedyn Finkbeiner and said to keep up the good work.
MINUTES
Motion by Hockenbary second by Richter to approve the June 1, 2021 regular meeting minutes with the following correction:The Covid restrictions from last year have been lifted. Instead of: As of now there are no restrictions on the number of people at the pool. Aye: all. Nay: none. Motion carried.
PUBLIC WORKS
The refrigerators at the dump should be hauled out soon.
EZ Street is being applied to the north/south roads in town this year.
Mosquitos will be sprayed soon.
The flood ditch will be mowed. Mr. Hall had been told in prior years to wait until after the 4th of July to cut the grass there so that there were not piles of dead grass to feed any potential fires during the holiday.
WATER STORAGE TANK
Motion by K. Trullinger seconded by Richter that if Liquid Engineering planned to charge to install the anode’s they wouldn’t replace last year while they cleaned the tank, that Mr. Hall be allowed to spend up to $3,000 to have new anode’s installed and the tank cleaned again by another company.
SEWER AERATOR
Motion by Graham seconded by K. Trullinger to approve $16,000 for the purchase of a sewer aerator that had been used by the Department of Game, Fish and Parks for a year. Aye: all. Nay: none. Motion carried.
MAYOR
Fireworks are allowed in City limits for residents from June 27-July 5, 2021 by City Ordinance. Ronnie Racicky encourages residents to stay in town when lighting the fireworks to help local fire fighters in the case of a fire. Please be courteous to others concerning the time of lighting them off.
The pool has received $1,900 so far this year in donations. More is needed to ensure free swim for the remainder of the year.
ORDINANCE #21-04
Ordinance #21-04 received the second reading.
ORDINANCE #21-04
A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES.
WHEREAS, the City of New Underwood is authorized to enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. The City of New Underwood may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. The City of New Underwood may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.
WHEREAS, the City of New Underwood makes a preliminary finding that the City’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1;
WHEREAS, medical cannabis state laws under SDCL Chapter 34-20G are effective July 1, 2021. The South Dakota Department of Health is required to promulgate rules pursuant to chapter 1-26 not later than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government will not yet know standards for medical cannabis and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local permits and to better ensure applicants have a more predictable permitting process and avoid stranded investments.
WHEREAS, the City of New Underwood makes a preliminary finding that the city needs further study of the relationship of medical cannabis establishments to the City’s Comprehensive Plan and Zoning Ordinances. The public interest requires that the City study, analyze, and evaluate the impacts of medical cannabis establishments and to fully explore the impacts of any proposed regulations regarding medical cannabis establishments;
WHEREAS, the City of New Underwood makes a preliminary finding that it would be inappropriate for the City to issue a local permit or license to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same;
WHEREAS, the City of New Underwood hereby exercises its authority under SDCL 11-4-3.1 and SDCL 9-19-13, to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the City;
WHEREAS, a temporary ordinance will ensure that more comprehensive zoning ordinance and building permit changes, licensing permits, and any proposed amendments to the City’s Comprehensive Plan can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives;
WHEREAS, the City finds that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom;
WHEREAS, the City finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the municipal government and its existing public institutions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD:
Section 1. Temporary Ordinance – Application for Local Permit/License
A medical cannabis establishment desiring to operate in the City of New Underwood shall be required to apply for a permit and/or license from the City. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until sixty days have passed following the South Dakota Department of Health’s promulgation of regulations as required by SDCL 30-20G-72. Any application received prior to sixty days having passed following such regulations being promulgated shall be denied.
Section 2. Immediate Effect.
This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions pursuant to SDCL 11-4-3.1 and SDCL 9-19-13.
Dated this 15 day of June, 2021.
_________________________
Teresa M. Hall, Mayor
ATTEST:
____________________________
Kristi Pritzkau, Finance Officer
First Reading: June 1, 2021
Second Reading: June 15, 2021
Published: June 24, 2021
Effective date: July 14, 2021
Motion by Hockenbary seconded by Graham to approve Ordinance #21-04. Roll call vote. Aye: Graham, Hockenbary, Richter and Trullinger. Nay: none. Motion carried.
CECILIA LANE
Although the Council is willing to accept Cecilia Lane onto the street system, the discussion was tabled until it meets Ordinance requirements and the Public Works director finds it satisfactory.
MEETING DATE CHANGE
It was moved by K. Trullinger seconded by Hockenbary to change the first Council meeting in July to Wednesday July 7, 2021 as staff is taking July 5th off for the holiday. Aye: all. Nay: none. Motion carried.
OTHER ITEMS DISCUSSED:
Governmental fund sheets were presented.
The Finance Officer found the HR and FO schools in Pierre to be very educational again.
The Elected Officials Workshop is in Pierre on July 14, 2021. There will be a virtual Elected Officials Workshop on July 21, 2021 that the others may be able to attend.
Residents are encouraged to keep their yards mowed as this helps to keep the mosquito population down.
Being no further business Mayor Hall adjourned the meeting at 6:36 p.m.
(Seal)
Kristi Pritzkau, Finance Officer