New Underwood, South Dakota

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

Minutes February 20, 2007




A regular meeting of the New Underwood City Council was held on February 20, 2007, at 6:00 p.m.  Present were: Mayor Benita White, Councilmembers: Jackie Dahlquist, Michael Green, Tyler Richter, and John Torrey.  Also present:  Fin. Officer Meri Jo Anderson, Dir. of Public Works Greg Hall, City Staff:  Ellis, Goodman and Holloway, Officers Przymus, Angel Goodman, Charles, Dale, and Karen Boydston, George Bills, Jody Rounseville, Al Ackerman, John Row & Associate, and Tony Ascrizzi.  



The Mayor opened the public hearing at 6:00 p.m.  John Row, with Verizon, explained that this is a self supporting 300’ tower that will set north of the well house fence.  The location has moved up to the regional top 40 so the project should be completed this year.   Discussion followed on the location of the tower.  Mr. Row explained that the Boydston land was the second choice, but the City land was already a utility lot and had electric & phone to it.  The Boydston & Bills objection was that the land the City owns was not being used in the vein that it was given.  No one else presented themselves to voice any objections to this tower lease, so the hearing was adjourned by the Mayor at 6:20 p.m.  



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



Motion by Dahlquist second by Richter to approve the February 5, 2007 minutes as presented.  Aye: all.  Motion carried. 



The Director of Public Works explained that he had Bob Hall, as the official volunteer, remove snow during the week-end, so he would not have to pay overtime or comp time to someone.  The Council again reiterated to the public that Bob Hall is not paid, he just volunteers his time.



The Council was presented with the letter the Mayor sent to Mr. Crosbie stating the agreement the City had with him was now null & void and to return the $5,000.00 earnest money.  Motion by Green second by Richter that if the check is not received by the end of the month this be turned over to the City attorney.  Aye:  all.  Motion carried. 



The Dir. of Public Works presented the drawings for a new city hall that were drawn up over two years ago.  He will take them and get blueprints drawn up and the Council can then make different options available when they decide to go to bid on this project.



Resolution Number 07-02 was introduced. 






WHEREAS SDCL 9-12-5.2 gives authorization for a Municipality to lease municipal property, after holding a public hearing on the lease agreement terms, and


WHEREAS SDCL 9-15-5.1 gives authorization for municipally-owned property to be leased upon the terms and conditions set forth by Resolution, and


WHEREAS the City of New Underwood (Lessor) agrees to lease to Cellular Inc. Network Corporation d/b/a Verizon Wireless (Leasee), for a cellular tower and building, a 75 by 75 foot parcel containing approximately 5,625 square feet within Utility Lot One (1) of Boydston Heights Subdivision located in the Northwest Quarter of the Northwest Quarter of Section Twenty-Nine (29), Township Two (2) North, Range Eleven (11) East of the Balck Hills Meridian, Pennington County, South Dakota, and


WHEREAS, the City of New Underwood understands and agrees to the following points: 

The lease agreement is for twenty-five years being renewable in five year increments,  the first five years will be for $6,000.00 annually, the second five years will be for $6,900.00 annually, the third five years will be for $7,935.00 annually, the fourth five years will be for $9,125.25 annually, and the fifth five years will be for $10,494.00 annually, of which will all be paid in monthly installments; The Lessee may terminate this lease at the end of the first five years by giving the Lessor written notice of the intent to terminate at least six (6) months prior to the end of that term; After the twenty-five years the Lessor or Lessee may terminate by giving written notice to the other party of its intention to so terminate at least three months prior to the end of such term, and


NOW, THEREFORE, BE IT RESOLVED,  that the Common Council in and for the City of New Underwood authorizes the Mayor’s and Finance Officer’s signature on any and all paperwork necessary to obtain this lease under the terms and conditions of SDCL 9-12-5.1 & 9-12-5.2. 


Dated February 20, 2007



                                                                                Benita R. White, Mayor


Meri Jo Anderson, Finance Officer


Motion by Green second by Dahlquist to approve Resolution Number 07-02.  Roll call vote.   Aye:  Dahlquist and Green.  Nay:  Richter and Torrey.  The Mayor broke the tie, with authority of SDCL 9-8-3, by voting Aye, stating it was in the best interest of the City & citizens of New Underwood.  Whereupon Resolution Number 07-02 was duly passed and adopted.




Discussion on the geothermal for the Community Center followed.  Buzz’s Well Drilling matched the Hickey quote.  Moved by Richter second by Green for Buzz’s Well Drilling to go ahead and do the test hole at $30.00 a foot to see if there is enough water for this project.  Aye:  Dahlquist, Green, and Richter.  Nay: Torrey.  Motion carried.  Councilman Torrey felt he did not have enough information to make a decision.  The rest of the Council felt that since we have been talking and studying this since last summer that they were informed enough.

A citizen requested the use of the Community Center, for a profit venture, at a reduced rate.  The Council all agreed to deny this request.



The spring workshop, that the Regional Finance Officer’s Association sponsors, will be held March 22, 2007 at 2:00 p.m. at the Rushmore Plaza Civic Center.   Motion by Richter second by Green to approve the $25.00 per City fee that is charged.  Aye: all.  Motion carried.



BP#07-01; Jody Rounseville; 508 S. “B” Ave; garage (Variance requested on set back                   to the south)

Moved by Torrey second by Richter to approve this permit & variance, since a permission letter from the adjoining property owner was attached.  Aye: all.  Motion carried.



Al Ackerman expressed concern on the length of time the street is blocked by the train, making fire & ambulance services unavailable.  The City will contact the railroad on what the limitations are.



1.      The Finance Officer reported that she & Tralice Ellis enjoyed Municipal Legislative Day & visited with several of the Legislators the evening before.  The Committee meetings they attended were educational & interesting.    

2.      The hydraulic pump went out of the Autocar, so we are short a snow plow.  The new pump came in today and the public works staff will install it this week. 

3.      Using the sewer jet machine, culverts were unplugged this week.


Being no further business the Mayor adjourned the meeting at 6:55 p.m.




(Seal)  Meri Jo Anderson, Finance Officer