Minutes March 20, 2013
MINUTES OF THE
NEW UNDERWOOD CITY COUNCIL
A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on March 20, 2013. Present were: Mayor Jack Trullinger, Council member’s: Rikka Buchtel, Laurie Holloway, Kathy Trullinger, and Joe Whitney. Also present: Finance Officer Meri Jo Anderson, Dir. of Public Works John Bale, Dustin Willett, Dianne Trullinger, Ron Racicky, Wes Wileman, and Cris Allen. The meeting was called to order by Mayor Trullinger.
AGENDA
Motion by Buchtel second by Whitney to approve the agenda. Aye: all. Motion carried.
MINUTES
Moved by Buchtel second by Holloway to approve the March 6 (regular meeting) & March 18 (equalization), 2013 minutes as presented. Aye: all. Motion carried.
SURPLUS METAL DUMPSTERS AND APPRAISAL
The Mayor requested holding off on declaring the metal dumpsters surplus until we can make sure the new automated system works for our community. The Council felt the decision to go with the new system has already been made whereupon Resolution Number 13-03 was introduced.
RESOLUTION NUMBER 13-03
BE IT RESOLVED by the New Underwood City Council that the following property be declared surplus: approximately 68 - 2 yard metal dumpsters.
Dated March 20, 2013
(seal)
Jack W. Trullinger, Mayor
Meri Jo Anderson, Finance Officer
Motion by Buchtel second by Holloway to approve resolution number 13-03. Roll call vote. Aye: Buchtel, Holloway, K. Trullinger, and Whitney. Nay: none. Motion carried.
The Council held off on sitting as the appraisal board until they have the exact count of dumpsters with bad bottoms. This will be put on the agenda for the April meeting.
SIREN AGREEMENT
Dustin Willett, Emergency Management Director, explained the necessity of the siren agreement he was requesting between Pennington County, the Fire Dept., and the city on outlining cost shares on repairs. Mayor Trullinger noted the differences between the original and the final agreement the Council had previously received. Resolution Number 13-04 was introduced.
RESOLUTION NUMBER 13-04
CITY of NEW UNDERWOOD
AUTHORIZING RESOLUTION
WHEREAS, Pennington County Emergency Management, the New Underwood Fire Department, and the City of New Underwood have found it necessary to formalize an agreement on cost sharing the repair of the public warning siren system located in New Underwood between the three entities involved;
NOW THEREFORE BE IT RESOLVED that the Common Council of the City of New Underwood does hereby approve this public warning siren system agreement dated March 20, 2013 and authorizes the Mayor to sign.
Dated this 20th day of March 2013.
Jack W. Trullinger, Mayor
(SEAL)
Meri Jo Anderson, Finance Officer
Motion by Buchtel second by K. Trullinger to accept Resolution Number 13-04. Aye: all. Motion carried. (The Council will get copies of the signed agreement.)
PRIORITY LIST
The finance officer gave the Council copies of the priority list from 2011. They will start looking at future projects to add to this list. The Mayor will meet with department heads to find out what areas are in need of repairs in the next five years so they can be placed on the list. The swimming pool will be added to the list, since half the lines leading to the jets have broken and been capped off. The only way to fix them is to dig up the concrete, which will be costly. Another thing to add is replacing fire hydrants on an annual basis.
TOTES
An instruction sheet should be sent out to the residents explaining where and how to set the totes, making them more accessible for the new garbage truck to pick them up. The goal is to not have the sanitation man jumping in and out of the truck to rearrange the totes. They have to be positioned apart from each other so the arms of the truck can grab them. More totes have been purchased from surplus property.
LAGOON REPAIR
The Director of Public works from Deadwood met with city officials on the east dike of the cell number two lagoon on ways to fix it. He suggested we break up the concrete, we have at the dump, into basketball size chunks, to use as riprap, placing it on the dirt, and fabric to stop erosion. We will have to rent a breaker for the backhoe (2,175.00/wk) or bobcat (573.00/wk). Mr. Bale would like to get started on this project as soon as possible. Moved by Buchtel second by Holloway to proceed with the sewer lagoon repair project and expend up the $4,000.00 for now. Roll call vote. Aye: Buchtel, Holloway, K. Trullinger, and Whitney. Nay: none. Motion carried. (Councilor Whitney will check on prices from a company who crushes concrete.)
FLOOD CONTROL ORDINANCE
Since the floodway maps have been revised the city must adopt a new ordinance, whereupon flood control ordinance number 13-01 received its second reading. Motion by Buchtel second by Whitney to approve the second reading of Ordinance Number 13-01. Roll call vote. Aye: Buchtel, Holloway, K. Trullinger, and Whitney. Nay: none. Motion carried. The ordinance in its entirety is on the newunderwood.com website and also available at City Hall.
LIQUOR ORDINANCE AMENDMENT
The Mayor presented the amendments tor the liquor ordinance to reflect new state laws. Ordinance number 13-02 received its second reading.
ORDINANCE NUMBER 13-02
ARTICLE II SECTION V
CITY OF NEW UNDERWOOD
AN ORDINANCE TO AMEND ORDINANCE NUMBER 10-05 DEALING WITH ALCOHOLIC BEVERAGES OF 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 Amendments to Article II Section V be adopted:
Sec. 4-4. Action by council.
(add to end of first sentence) new retail or the transfer of an existing (Add the following sentence at the end of the section.) Any application for the reissuance of a retail license may be approved by the Council without a hearing unless in the past year the licensee or one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.
State law reference SDCL 35-2-1.2.
(6) The City may issue: (insert at the beginning of 6)
The Council may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event. The licenses shall be issued to the person and the location specified on the application. The Council shall determine the fee for these licenses, and the fee is retained by the municipality. Each application shall be accompanied by the fee at the time of submission to the Council (SDCL 35-4-125).
f. A public hearing is required before approval and issuance of any license under this section unless the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license and the license is to be used in a publicly owned facility. (insert underlined)
i. add if needed.
Sec. 4-9. On-sale and off-sale service restricted and consumption restricted.
(a) SDCL §35-4-2 insert (12), (16), (17), (17A), (19) State law references SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-2.1.
Delete the following
(b) No licensee licensed under subdivisions 35-4-2(12), (16), (17), (17A), and (19) may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. A violation of this section will be a Class 2 misdemeanor.
State law references SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-2.1.
Sec. 4-11
(And insert this at end of the first sentence)
(c) Special License or a Spiking permit was issue by the Council.
Jack W. Trullinger, Mayor
(seal)
Meri Jo Anderson, Finance Officer
First reading: March 6,2013
Second reading: March 20, 2013
Publish Date: March 28, 2013
Effective Date: April 18, 2013
Motion by Whitney second by Buchtel to approve the second reading of Ordinance Number 13-02. Roll call vote. Aye: Buchtel, Holloway, K. Trullinger, and Whitney. Nay: none. Motion carried.
COMMUNITY RECREATION FACILITY
Wes Wileman again discussed his ideas and goals with the community recreation facility. There was much discussion about concerns of parking, accessibility to all, control, funding, impact on community center, engineering. The Council did endorse the idea, but could not dedicate or obligate any funds to this project.
SPIKING PERMITS
SP#13-04; Dennis Fernau; June 8, 2013. Moved by Whitney second by K. Trullinger to approve this permit. Aye: all. Motion carried.
BUILDING PERMITS
BP#13-05; Brent Nelson; 413 S. Janklow; move on mobile home
Motion by Buchtel second by Holloway to approve this permit. Aye: all. Motion carried
COMMUNITY WEATHER AWARENESS CLASS
The Community weather awareness class, presented by the National Weather Service will be held at the community center on April 16, 2013 at 6:30 p.m. The public is welcome and encouraged to attend.
Other items discussed:
1. Abatement of dog nuisance was sent.
2. Security system of GSA was broken into and reported to each governmental entity.
4. DENR continues to have the removal of underground tanks program. An application is available at city hall if anyone has underground tanks they need help removing.
5. Clean Up week-end will be April 27 & 28, 2013.
6. The animal clinic will be April 27 for 10 am to noon.
Being no further business Mayor Trullinger adjourned the meeting at 7:25 p.m.
(Seal) Meri Jo Anderson, Finance Officer