New Underwood, South Dakota

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

Minutes January 7, 2009

                                                        MINUTES OF THE



A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on January 7, 2009.  Present were: Mayor Benita R. White, Councilmember’s: Michael Green, Tyler Richter, John Torrey, and Jack Trullinger; Also present:  Fin. Officer Meri Jo Anderson, Dir. Public Works Greg Hall, Lt. Weber, Deputy McPherson, George Langendorfer, Carol Jensen, Tony Ascrizzi, Linda Morrison, Cris Allen, and Chuck Dockter.



A public hearing was held to transfer the 2009 on/off sale liquor licenses of BMW Enterprise, Inc; Lot 12 Blk 6 Org. Twn. 524 S. “A” Ave. to Kim Karp (Twizted Tavern).  No one presented themselves to object to this transfer.



Moved by Green second by Richter to approve the amended agenda.  Aye: all. Motion carried.



Moved by Torrey second by Richter to approve the December 17, 2008 minutes as presented with the following correction: Motion by Richter second by Torrey to transfer the following from contingency:  $2000.00 to public works; $8,200.00 to sewer; $1,800.00 to water.  Aye: all.  Motion carried.


FINANCIAL REPORT & BILLIST                                                                                   

The financial reports, bill-list and vouchers were presented.  Motion by Trullinger second by Torrey to approve the financial reports and the following warrants as presented.  Aye:  all.  Motion carried.  

December bills payable December 31, 2008

GENERAL FUND                                                                                        

Salaries – 5991.24;  FWB (visa charges) – 111.07; Nu Ambulance (4th qtr) – 500.00; First Western Bank ( SS, FWT) – 1803.40; SD Retirement (Dec) – 833.03; WREA (Service) – 1245.70; Golden West Service) – 226.07; SD State Treasurer  ( Sales Tax) – 217.56; RC Landfill (Dump Fees) – 1932.91; Dakota Care ( Insurance) – 605.54; ELAN (PU parts, shop supplies, drill) – 621.65; NU Post (publishing) – 227.34; Steve’s (fuel) – 347.20; SD Fed. Property (LDV) – 35.00; Penn. Co. Hwy. (fuel) 569.97; Kristi Lemke (clean CC) – 130.00; Plumdone Co (relief valve) – 39.55; SD Unemployment Ins (4th qtr) – 15.78; Wall Clinic (pre employment physical) – 78.00; McGas (propane-shop) – 146.40; Horst Rentals (sky climber rental) – 1150.00; Diane Trullinger (CH cleaning) – 160.00.  TOTAL: $15837.41.


FWB (loan payment PWB) – 1878.44; Horst Rentals (sky climber rental) – 1150.00.  TOTAL:  $3028.44

WATER FUND                                                                                             

WREA (Service) – 688.61; Dakota Care (Ins) – 1512.06; Energy Laboratories (tests) – 504.00;  Hawkins, Inc (chemicals) – 667.75; Omni-site (alarms) – 40.00; Alltell (service ) – 116.07; One call (locate tickets) – 3.00.  TOTAL: $3531.49. 



SEWER FUND                                                                                             

Salaries – 3299.49; First Western Bank ( SS, FWT) – 899.72; SD Retirement (Dec) – 422.37; WREA (Service) –27.56; Elan (parts) – 183.40; DENR (waste water fees) – 50.00; Farmers Supply (pump) 1914.00; DSG (pipe) – 125.45.   TOTAL: $6921.99.


January bills payable January 7, 2009


SD Public Assurance (liability insurance 2009) – 6520.98; BH Agency (2009 insurance) – 4180.00; SD Gov. Office (domain name) – 55.00.  TOTAL:  $10755.98.


Salaries:  3038.35.  TOTAL:  $3038.35.



SP#09-01; American Legion; February 1, 2009

Moved by Green second Torrey to approve this permit.  Aye: All.  Motion carried.



Chuck Dockter, representing the American Legion, questioned the Council on when the Legion’s possessions need to be removed from the old City Hall.  The Council stated the City will let them know prior to the demolition.    



Nuisance Ordinance #08-06 received its second reading again.  Motion by Green second by Trullinger to approve the second reading of Ordinance Number 08-06.  Roll call vote.  Aye:  Green, Richter, and Trullinger.  Nay:  Torrey.   Motion carried.



Replaces All Old Nuisance Ordinances Section A passed prior to 2008












1.                  Defacement shall be deemed to include the placing of any unsightly things where it is in plain view from the streets, sidewalks, or alleys of the municipality, driving down banks within or through channels or ditches and across grass covered areas which are not normally considered part of designated vehicular areas. In addition to any penalty, upon conviction, the violator will assume responsibility for the cost of repairing any such damage, which shall be determined by the City.


2.                  Obstruction shall be construed to include barriers of all descriptions, except where such barriers are used to protect the public from unsafe places in the streets, alleys, or sidewalks, or from danger from building operations, and which are of a temporary character and approved by the City as prescribed by SDCL 9-14, automobiles or other vehicles left upon the street, alleys, or sidewalks, where they are a source of danger to pedestrians or drivers of other vehicles and every other article which makes it dangerous, unsafe, or extremely inconvenient for the usual passage of pedestrians or drivers of vehicles.


3.                  Disturbing the peace shall as used in this Ordinance be construed to include the causing of any undue noise.


4.                  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.


5.                  No person shall within the limits of this City set fire to burn any paper, waste material, refuse, or building materials outside of any building anywhere within the City limits without the expressed written approval of the City Council with concurrence of the Fire Chief and without same being enclosed in an incinerator which will prevent sparks from such fire to be blown or in any manner carried toward any building or combustible matter. ( Nothing in this ordinance shall be construed to prohibit or make unlawful the use of outside fireplaces, barbecue pits, or grills that are continually manned and have spark arrestors, nor shall any permit be required thereof.)


6.                  No person, firm or corporation may offer fireworks for sale to individuals at retail before the twenty-seventh day of June and after the fifth day of July.  Retail sales are not permitted after twelve o’clock a.m. or prior to seven o’clock a.m. from the twenty-seventh day of June through the fifth day of July.  And no person shall use, explode, or cause to be used or exploded, any fireworks within the corporate limits at any other time than on the 4th day of July, except upon special written permission from the Common Council.


7.                  Any and all slaughterhouses, packing houses, garbage dumps and places where animal or vegetable matter is allowed to putrefy or decay or foul or dangerous or deleterious to health.

Any accumulation of manure, stagnant water, and every other place where foul  odors emanate, or which endanger health; and any and every place where public health is endangered, or which is operated in violation of any provision of the City Ordinance or the Laws of South Dakota; and each and every place and act hereinafter specifically designated by Ordinance as a nuisance.


8.                  It shall be the duty of all owners of abutting property to keep all sidewalks in repair and in safe condition for pedestrians, and to build such new sidewalks as by the Common Council lawfully directed, and upon notice must so do.  It shall be the duty of all owners of abutting property to keep sidewalks free from snow, ice, or dirt and rubbish, to remove such encumbrances immediately upon notice from the Mayor or his/her designee.


9.         No person shall keep abandoned, wrecked, dismantled, inoperative, junk, partially

dismantled or unlicensed cars, unless stored in an enclosed building, secluded behind an approved privacy fence at least six feet high, or under an approved car cover.  No person shall leave a vehicle within the public right of way which interferes with City’s regular maintenance duties or snow removal.  Any person parking any motor vehicle within the public right of way does so at their own risk and without the City’s specific or implied consent.


9.                  All weeds/tall grass are hereby declared a nuisance and no owner of any lot, place or area shall permit any weeds/tall grass or noxious matter to grow, lie or be located thereon.  Upon the failure, refusal, or neglect of any owner, agent, or occupant to comply with the notice to abate the City is hereby authorized and empowered to provide for cutting, destroying or removal of such weeds/tall grass  and to defray the cost of the work by a special assessment against the property.


10.              All nuisances are subject to abatement within ten (10) days from the date of                                                                                              notification, upon order of the Mayor or the Common Council, and failure to abate the same upon such order will authorize said authorities to abate or remove the same and to levy a special assessment upon the person maintaining such nuisances to cover the cost of such abatement.  No provisions of this section shall be construed to exempt any violator.




                                                                                                    Benita R. White, Mayor


Meri Jo Anderson, Finance Officer


First reading:  December 3, 2008

Second reading: January 7, 2009

Publish Date:  January 15, 2009

Effective Date:  February 4, 2009



Resolution Number 09-01 was introduced.




WHEREAS, the City of New Underwood has evaluated the rising costs of providing water, sewer, and garbage to its citizens, and


WHEREAS, these enterprise funds have been running in the negative for over three years, and


WHEREAS, water fees have not raised since 1998, sewer fees since 1983, and garbage fees since 1992, and


WHEREAS, the City of New Underwood presently has ordinances which govern the operation of the municipally owned enterprise funds and these ordinances provide for changes by resolution as may be necessary, as determined by the Council, and


NOW THEREFORE BE IT RESOLVED that the following rates will be effective on March 1, 2009:



Residential – a minimum of $18.00 for the first 3,000 gallons and $4.50 per 1,000                               thereafter.

Rural (non-municipal) – a minimum of $36.00 for the first 3,000 gallons and $5.50 per 1,000 thereafter.


Residential - $14.60 a month

Commercial - $14.60 a month

Garbage: (prices include sales tax)

Residential (family domestic unit) - $15.60 a month

Commercial - $39.00 a month per dumpster; and $19.50 for special commercial rate

Rural – $22.10 a month residential; dumpsters - $55.00 a month



Dated January 7, 2009





Meri Jo Anderson, Finance Officer                                  Benita R. White, Mayor


After much discussion, with input from the citizens in attendance, it was moved by Trullinger second by Richter to approve resolution number 09-01.  Roll call vote.  Aye:  Richter and Trullinger.  Nay:  Green & Torrey.  The Mayor broke the tie by voting nay.  Councilman Green made a substitute motion to approve the resolution, but raise the garbage rate only 15 % instead of 25% to cover costs (residential rate $14.35).  Richter seconded.  Roll call vote.  Aye:  Green & Richter.  Nay:  Torrey & Trullinger.   The Mayor again broke the tie by voting nay.  This resolution was tabled until the next meeting.



Transfer:  from BMW Enterprises to Kim Karp (Twizted Tavern); Blk. 6 Lot 12, Sec. 31, T2N R11E, BHM; Lic. #RL5755 & #PL4766.

Motion by Torrey second by Green to approve this transfer, since no objections were received at the public hearing.  Aye: all.  Motion carried.



After discussion it was moved by Trullinger second by Richter to approve the 2009 insurance package, and take the old City Hall off the policy when it is removed.  Aye: all.  Motion carried.




BP#09-01; Doug Gimpel; 203 North “C” Ave.; Carport addition

       09-02; Tristin Raudabough; 306 S. “A” Ave; windows

Motion by Green second by Trullinger to approve permit 09-02.  Aye: all.  Motion carried.

Moved by Trullinger second by Green to not approve permit 09-01, since his last permit was not paid for, signed, or set backs attached as requested. Aye: Green, Richter, and Trullinger.  Nay:  Torrey.  Motion carried.  The Council instructed a letter be sent to Mr. Gimpel informing him of the penalties for not conforming to the ordinance and give him until January 21 to comply.



  1. The unauthorized discharge monitoring form has been filled out and sent in, and copies were presented to the Council.    
  2. Law enforcement presented their written monthly report.  Dumpster fires and straw bale fires.  If you see anything suspicious call law enforcement.
  3. Local government day is Feb. 3 & 4 in Pierre.


Being no further business the Mayor adjourned the meeting at 7:30 p.m.




(Seal)  Meri Jo Anderson, Finance Officer


2009 Statement of Salaries for New Underwood, SD

Mayor - $5,000.00/yearly

Council - $50.00/meeting

Attorney - $175.00 - $200.00 hourly

Engineer - $75.00-$90.00 hourly

Deputy Sheriff - $37,774.00 yearly

Director of Public Works – $17.56 - $18.44 hourly

Maintenance Men - $9.83 – $10.32

Finance Officer - $14.57 - $15.30 hourly

Clerk - $8.40 - $8.82 hourly

Laborers - $5.15 - $8.00 hourly