New Underwood, South Dakota

......a good place to be!

Minutes August 15, 2018


A regular meeting of the New Underwood City Council was held at 6:00 p.m. at the Community Center on August 15, 2018. Present were: Mayor Jack Trullinger, Councilmembers: Teresa Gossard (By teleconference) arriving later, Larry Graham, and Karin Shoemaker. Absent: Kathy Trullinger. Also present: Meri Jo Anderson, Finance Director, Kristi Pritzkau, Finance Officer, Dir. of Public Works Tim Hall, Ronnie Racicky, Serena Rice, Randy Madsen, and Dawn Nelson. The meeting was called to order by Mayor Trullinger.


A Public Hearing was held concerning Special License #18-08; Moe’s Bar and Grill; Rodeo Grounds; August 31and September 1, 2018. Hearing no objections the hearing was adjourned at 6:02 p.m.


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


Moved by Shoemaker second by Gossard to approve the August 1, 2018 minutes as presented. Aye: all. Motion carried.


The WREA Day of Caring is to be held September 26, 2018. The City Council, Mayor and staff are being asked to head multiple groups of WREA employees to help do various projects throughout town, such as tree trimming, painting, moving equipment at the park, etc., on that day from noon until 3 p.m. Community members are encouraged to volunteer to help. The Mayor and Council will contact other local organizations to request additional participation with these projects. The check from WREA made possible by Operation Round Up will be presented on that day as well.


The garbage truck was inspected by the mechanic from Sioux Falls, a list of repairs was made, and a quote of $7,500.00 was received for travel time and to fix the issues. It was stated that it would be less expensive to take the truck to the mechanic than to pay for the mechanic to travel to the truck. Local options will be researched also.
Mosquitos were sprayed again with some better results although it is still a bad year for them.
Chip sealing was done on Ash from Janklow Ave. to A Ave. and Madison west of the Good Samaritan Center. Councilor Graham said he may be able to help complete the project as they have been short of help.


The broom brush is worn out so a new one is necessary. Motion by Shoemaker second by Graham to purchase a poly-steel combination brush for $545.00. Aye: all. Motion carried.


Mr. Hall reported the pay loader loses power at 1500 rpm and the part costs $290.00.

Motion by Shoemaker second by Graham to hire the repairs done. Aye: all. Motion carried.


Thank you to Modern Woodmen for matching $2,500.00 of the funds raised at the Sami Jo Memorial Pool Fundraiser.
Two letters have been sent concerning mowing of yards.
A quote was received for parts and installation of the fence at the pool for the solar panels. It was higher than what was previously given by a local business so it is not being considered.


Budget Ordinance Number 18-07 received its first reading. Motion by Shoemaker second by Graham to approve the first reading of Ordinance #18-07. Aye: all. Motion carried.


Ordinance #18-06; Section VII; Nuisances; Mobile Vendor License received its second reading.


BE IT ORDAINED by the Common Council for the City of New Underwood that Article VII Section A. General be amended to read: (Additions underlined)

Transient Merchant/Mobile Vendors are subject to, but not limited to, the following considerations:

No transient merchant selling or peddling goods of any kind of description within the corporate limits of this City shall do so without first procuring a license therefore. The term “transient merchant” as used in this Ordinance shall be construed to include each and every person who shall sell or have for sale articles of any description, and who do not have a regular place of business in this City. The license fee for transient merchants shall be Twenty (20) dollars for each day for each person conducting such business.
Municipal Mobile Vendors license required at a cost of $100.00 annually, to be renewed January 1st. annually (this permit will not be prorated).
All mobile vendors must abide by and be in compliance with all federal, state and local laws, rules and regulations. If it is a food vendor, they must maintain continuous licensure with the South Dakota Department of Health.
Mobile vendors may only vend on commercial property with the consent of the property owner and may not encroach into any right-of-way adjoining the property with the mobile vending establishment or any accessory items such as trash cans, tables, chairs, etc. If requested by the City, a mobile vendor shall promptly provide proof of a property owner’s consent to operate on the property.
The vendor shall not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.
All areas within and surrounding a mobile service establishment must be maintained in a clean, neat and sanitary condition. A trash receptacle will be furnished by the City at a commercial rate to be determined by the Common Council based on amount of garbage generated by the vendor. Trash bins shall be anchored or otherwise secured upright. The mobile vendor shall not place trash or litter from the mobile vending establishment in any unauthorized private or City receptacle.
A Mobile vending establishment cannot be permanently located on any property and cannot function as a permanent structure.
Every operator of any mobile vending licensed under this article shall display, in a conspicuous place, the license as provided by the city.
Any license issued under the provisions of this chapter shall be revoked by the Common Council upon discovery of any false material statement made in the application for the license. In addition, any license issued under this chapter may be revoked for cause by the Council after notice to the holder of the license and an opportunity for hearing before the Council.

The Common Council shall approve the issuance of a mobile vendor license applied for under this article if it is satisfied that the applicant has met the following requirements:

That he or she is a fit person to engage in the business.

Business is operated in compliance with all applicable requirements of the City Ordinance and State Law.

Prohibited conduct:

No mobile vendor shall:

Place any object that blocks any pedestrian pathway or ADA access;

Utilize any signage other than signage that is affixed to the exterior of the mobile vending establishment or other than two additional banners or signs located within 100 feet of the establishment;

Vend alcohol.

Exhibit A. Annual Mobile Vending Application/License

Annual Mobile Vending Application/License
City of New Underwood

Attachments required prior to submittal:

Copy of Sales Tax License
Copy of the permit issued by the State Dept. of Health for food related establishments
Application/License Fee - $100.00 (to be renewed January 1st annually)
I hereby certify that the business listed above is operated in compliance with all applicable requirements of the City Ordinance and State Law. I acknowledge this application is subject to all the terms and conditions for vending in the City, including those imposed by the decision making body as they relate to the Mobile Food Vending License. I understand that any false statements or omissions may result in revocation of this license and may jeopardize the approval of future licenses. I further acknowledge that I have read the applicable rules and requirements attached to this license and agree to fully comply with the regulations set for the City of New Underwood.

Applicant’s signature: _______________________________________________Date: _______________


(seal) Jack W. Trullinger, Mayor

Kristi Pritzkau, Finance Officer

First reading August 1, 2018

Second reading August 15, 2018

Publish date August 23, 2018

Effective date Sept 12, 2018

Motion by Graham second by Shoemaker to approve the second reading of Ordinance #18-06. Roll call vote. Aye: Gossard, Graham, and Shoemaker. Nay: None. Motion carried.


Motion by Shoemaker second by Graham to grant these requests:

Pine St. closure from A Ave. to B Ave. on Sunday, September 2, 2018 from 1 p.m. to 10 p.m. for the Car Show after the parade.
The street be closed and open container be allowed on Labor Day Weekend, Sunday, September 2, 2018 on “A” Ave from Elm to Oak St. 1 p.m. to Midnight, with the stipulation that the Corner Bar is responsible for the barricade removal.

The use of the Community Center Sunday, September 2, 2018 for the Labor Day steam burger feed, electrical from Public Works Shop and cement pad for music and announcing.

Monday, September 3, 2018; 8 a.m. to 4 p.m. open container on City Hall property for horseshoes.

Aye: all. Motion carried. *Please note the Labor Day Celebration Events will be on Sunday instead of Monday


Motion by Graham second by Shoemaker to approve Special License #18-08; Moe’s Bar and Grill; SDRA; Rodeo Grounds; August 31 and September 1, 2018. Aye: all. Motion carried.


It was requested to be able to transfer the Mobile Vending License to the Boondock’s Campground temporarily. After some discussion the Council agreed that as stated in the Ordinance they would then be considered a Transient Merchant and the $20.00 a day fee would then apply. Motion by Graham second by Gossard to deny the proposal of changing venues without the Transient Merchant fee being applicable. Aye: all. Motion carried.


Ferber Engineering has contacted the City proposing they go through the city to inspect and update the street signs at no cost to the City. Motion by Gossard second by Shoemaker to approve the Mayor’s signature on the contract. Aye: all. Motion carried.


Motion by Shoemaker second by Gossard that Building Permit # 18-21; Sara Hansen; Gazebo; be tabled until the permit is received. Aye: all. Motion carried.


Governmental fund sheets were presented by the Finance Officer.

Being no further business Mayor Trullinger adjourned the meeting at 7:20 p.m.

(Seal) Kristi Pritzkau, Finance Officer