Minutes May 16, 2012

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 May 16, 2012. Present were: Mayor Jack Trullinger, Council member’s: Rikka Buchtel, Laurie Holloway, Sheila White, and Joe Whitney. Also present: Finance Officer Meri Jo Anderson, Dir. Of Public Works John Bale, Cris & Keira Allen, Dianne Trullinger,Wes Flint, Richard & Theresa Jones, Monte Sandal, and Rod English. The meeting was called to order by Mayor Trullinger.

AGENDA

Motion by Buchtel second by Whitney to approve the amended agenda. Aye: all. Motion carried.

MINUTES

Moved by Buchtel second by Holloway to approve the May 2, 2012 minutes as presented. Aye: all. Motion carried.

PUBLIC WORKS

Mr. Bale reported the staff has been mowing, jetted a culvert, put battery light on yield sign and are pricing solar lights (Councilor Whitney will look into pricing these lights), 100 feet on south water main, easy street has been delivered, and DENR inspected the lift station and are report will follow.

VANNEMAN ANNEXATION & RURAL SERVICE DISTRICT

A petition of annexation was received from Watkin (Dub) Vanneman and accepted by the Council at the April 4, 2012 Council meeting. Resolution Number 12-03 was introduced.

RESOLUTION NUMBER 12-03

A RESOLUTION EXTENDING THE BOUNDARIES OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA, BY ANNEXING LANDS MORE SPECIFICALLY DESCRIBED HEREIN.

WHEREAS, not less than three-fourths of the registered voters and the owners of not less than three-fourths of the value of the territory sought to be annexed have petitioned the Common Council of the City of New Underwood for concurrent annexation and rezoning of the territory herein described; and,

WHEREAS, the territory described herein adjoins and is contiguous to the existing boundaries of the City of New Underwood and is not separated from the existing City by any significant physical barriers, and annexation is natural and reasonable and the municipal body hereby created constitutes a homogenous and unified entity.

WHEREAS, the Common Council for the City of New Underwood desires to annex this property to expand its borders and growth control, and

NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of New Underwood, Pennington, South Dakota, that the following described territory be and the same is hereby annexed to the City of New Underwood, to-wit: (See Exhibit A, attached to this resolution)

Sec. 25 Southwest Quarter (SW ¼), excepting therefrom that portion lying south of highway 14-169 and also excepting highway right-of-way

North half of the southeast quarter (N ½ SE ¼) and also excepting highway right-of-way

South Half of the Southeast Quarter (S ½ SE ¼ ) excepting therefrom that portion lying south of highway 14-16 and also excepting highway right-of-way all in Section Twenty Five (25), Township Two (2) North, Range Ten (10) East of the Black Hills Meridian, Pennington County, South Dakota. (172 acres of land, more or less)

Dated this 16th day of May, 2012.

(Seal)

By: __________________________

Jack W. Trullinger, Mayor

ATTEST:

________________________________

Meri Jo Anderson, Finance Officer

Motion by Whitney second by White to accept resolution number 12-03. . Roll call vote. Aye: Buchtel, Holloway, White, and Whitney. Nay: none. Motion carried.

ORDINANCE NUMBER 12-05

Ordinance Number 12-05 received its second reading. A letter from a citizen not supporting the rural service district was presented to the council. The hearing for establishing the rural service district was advertised and held on April 25, 2012 as per SDCL.

ORDINANCE NUMBER 12-05

AN ORDINANCE ESTABLISHING A RURAL SERVICE DISTRICT IN THE CITY OF NEW UNDERWOOD

WHEREAS, the lands described herein were recently annexed by the City of New Underwood upon the petition of the landowners; and,

WHEREAS, such lands are rural in character, are used or usable for agriculture and are not developed for commercial, industrial or urban residential purposes and therefore are not benefited to the same degree as other lands by municipal services financed by general taxation;

NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of New Underwood that pursuant to the provisions of SDCL 9-21A, the following described lands are hereby declared to be and established as a Rural Service District:

Sec. 25 Southwest Quarter (SW ¼), excepting therefrom that portion lying south of highway 14-169 and also excepting highway right-of-way

North half of the southeast quarter (N ½ SE ¼) and also excepting highway right-of-way

And as stated in SDCL 9-21A-6 "the tax levy and assessed value on the agricultural land annexed shall not exceed the average tax levy and average assessed value on unannexed agricultural land in adjoining townships in the county as long as it remains rural property."

BE IT FURTHER ORDAINED, that the real property described herein shall, in whole or in part, be removed from the Rural Service District (“District”) when any of the following actions occur:

1. Approval of a preliminary plat having a density equal to or greater than one lot per acre, the property legally described on the plat shall be removed from the District.

2. Final plat for the purpose of commercial, industrial or urban residential development, the property legally described on the plat shall be removed from the District.

3. When access to or within the District is from a street dedicated to and accepted by the City, that portion served by such public street shall be removed from the District.

4. In removing property from the District the remaining portion, if comprised of 40 acres or more, may remain in the District.

. (Seal)

By: ______________________________

Jack W. Trullinger, Mayor

ATTEST:

________________________________

Meri Jo Anderson, Finance Officer

First Reading: April 4, 2012

Public Hearing April 25, 2012

Second Reading: May 16, 2012

Published: May 24, 2012

Effective: June 13, 2012

Moved by Holloway second by White to accept the second reading of ordinance number 12-05 - establishing a rural service district. Roll call vote. Aye: Buchtel, Holloway, White, and Whitney. Nay: none. Motion carried.

ORDINANCE NUMBER 12-06

Ordinance Number 12-06 received its second reading.

ORDINANCE NUMBER 12-06

AN ORDINANCE AMENDING ARTICLE IV – PLANNING & ZONING SECTION XV OF THE REVISED ORDINANCES OF THE CITY OF NEW UNDERWOOD BY ZONING CERTAIN PROPERTY BEING ANNEXED INTO THE CITY.

BE IT ORDAINED by the Common Council of the City of New Underwood that the real property herein described be zoned as follows: (see map attachments 1 and 2)

GA (General Agricultural District) shall be applied to the following parcels:

Sec. 25 Southwest Quarter (SW ¼), excepting therefrom that portion lying south of highway 14-169 and also excepting highway right-of-way

North half of the southeast quarter (N ½ SE ¼) and also excepting highway right-of-way

(Seal)

By:

Jack W. Trullinger, Mayor

ATTEST:

Meri Jo Anderson, Finance Officer

First Reading: April 4, 2012

Public Hearing April 25, 2012

Second Reading: May 16, 2012

Published: May 24, 2012

Effective: June 13, 2012

Motion by Buchtel second by Holloway to approve the second reading of ordinance number 12-06 –zoning this district. Roll call vote. Aye: Buchtel, Holloway, White, and Whitney. Nay: none. Motion carried.

ORDINANCE NUMBER 12-07

Ordinance Number 12-07 received its second reading.

ORDINANCE NUMBER 12-07

ARTICLE IV; PLANNING & ZONING

AN ORDINANCE TO AMEND ARTICLE IV; PLANNING AND ZONING; SECTION XX. RURAL SERVICE DISTRICTS

BE IT ORDAINED by the Common Council for the City of New Underwood that Article IV; Sections XX be added to the zoning ordinance to read as follows:

SECTION XX. RURAL SERVICE DISTRICT

A. Purpose: SDCL 9-21 A provides that lands that are rural in character, are used or usable for agriculture, and are not developed for commercial, industrial or residential purposes, are not benefited to the same degree as other lands by municipal services financed by general taxation. Such land may be placed in a rural service district, and will not be subject to municipal property tax until removed.

B. Authority: This article adopted pursuant to the authority granted by SDCL 9-21A. Land placed in a rural service district shall benefit from such designation until removed under the criteria set forth in section XX-D.

C. Definitions: Commercial shall be given its ordinary meaning. Industrial shall be given its ordinary meaning. Residential development shall mean a major subdivision of more than three (3) lots, having a density equal to or greater than one (l) lot per two (2) acres.

D. Criteria for removal from district: If any of the following criteria are met, the common council, by order, shall remove the property, in whole or in affected part, from the district:

1. When a parcel in a rural service district is platted and developed or used for the purpose of commercial, industrial, or residential development.

2. When a planned unit development final plan is approved for all or part of the district, the portion approved for such development shall be removed from the district upon the issuance of a building permit.

3. When access to or within the district is from a street dedicated to and accepted by the city, that platted portion directly served by such street shall be removed from the district.

4. After removing the property from the district the remaining portion, if comprised of forty (40) acres or more, may remain in the district.

E. A copy of the establishment of a rural service district will be given to the Pennington County Director of Equalization and the property owner.

(seal) Jack W. Trullinger, Mayor

Meri Jo Anderson, Finance Officer

First reading: April 25, 2012

Second reading: May 2, 2012

Publish Date: May 10, 2012

Effective Date: May 30, 2012

Motion by Holloway second by Buchtel to accept the second reading of ordinance number 12-07 – rural service district classification. Aye: Buchtel, Holloway, White, and Whitney. Nay: none. Motion carried.

SECONDARY LINE

The Mayor presented a map on where the proposed secondary line from Well # 2 north of the city could be placed. The Council agreed that the city should pursue getting an easement.

REGULATING BUSINESS

The Council again discussed considering issuing business licenses. Discussion centered on state laws and zoning ordinances to regulate businesses. The Council felt more information is needed, and would like to see the old business license the City had. This item was tabled until the 1^st meeting in July.

ORDINANCE NUMBER 12-09

Ordinance Number 12-09, an increasing the penalty clause for violation of ordinances, received its first reading. Motion by White second by Holloway to approve the first reading of ordinance number 12-09. Aye: all. Motion carried.

JONES PLAT

A preliminary plat was received from Richard & Theresa Jones, who live north of the City within our 3 mile jurisdiction, and was presented to the Council. The Finance Officer reported that Pennington County Planning & Zoning Director warned that these lot sizes would be non-conforming and variances would be needed. Whereupon Resolution Number 12-04 was introduced.

RESOLUTION NUMBER 12-04

WHEREAS a plat of Tract 1 and Tract 2 of Jones Subdivision located in the NW¼ of Section 25, Township 2 North, Range 10 East of the Black Hills Meridian, New Underwood, Pennington County, South Dakota, was submitted for the purpose of examination and approval by the governing body, and

WHEREAS it appears that said plat conforms with the City of New Underwood’s Planning & Zoning Ordinances, and that all municipal taxes and special assessments have been fully paid and that the plat of said lots had been executed according to law, and

NOW THEREFORE BE IT RESOLVED that the plat of, Tract 1 and Tract 2 of Jones Subdivision located in the NW¼ of Section 25, Township 2 North, Range 10 East of the Black Hills Meridian, New Underwood, Pennington County, South Dakota, be and the same is hereby approved and the Finance Officer of New Underwood is hereby authorized to endorse on such plat a copy of the resolution and certify as to its correctness.

Dated this 16th day of May, 2012

Jack W. Trullinger, Mayor

(seal)

Meri Jo Anderson, Finance Officer

Moved by Buchtel second by White to accept Resolution Number 12-04. Roll call vote.

Aye: Buchtel, Holloway, White, and Whitney. Nay: none. Motion carried.

BLOCK PARTY

Monte Sandal addressed the Council about holding a street dance on July 28, blocking off “A” Ave between Pine and Oak with open container allowed in this area. Moved by Whitney second by Buchtel to allow this block party from 8:00 p.m. to 1:00 a.m., barricading between Pine and Oak on “A” Ave, making sure there is access for emergency vehicles and residents who live in this area, allowing for open container, and wrist bands are used. Aye: all. Motion carried.

The SL #12-02, August 18th dance at the rodeo grounds will be placed on the next agenda, with a hearing being held at 6:00 p.m.

LAND PURCHASE

The attorney for the Benita White-Gilbert estate has contacted the City and offered to sale four lots south of the Public Works Shop. After discussion Resolution Number 12-05 was introduced.

RESOLUTION NUMBER 12-05

WHEREAS it has been determined by the New Underwood City Council that there is a need for additional land for the city, and

WHERAS South Dakota Codified law 9-12-1 grants municipalities the power to purchase real property and sets out the proper procedure to follow, and

NOW THEREFORE BE IT RESOLVED that the New Underwood City Council authorizes the Mayor and Finance Officer’s signatures on any and all documents necessary to acquire the property & buildings for the City of New Underwood at 513, 515, 517 S. “A” Avenue, New Underwood, South Dakota, and

BE IT FURTHER RESOLVED that the New Underwood City Council authorizes the purchase price of $20,000.00. That this money be used to purchase the land and building and mobile homes, etc. located at 513,515,517 S. “A” Avenue New Underwood, South Dakota, and more particularly described as follows:

Lots 7, 8, 9, & 10 Block 5 Original Town of New Underwood Section 31 in Township 2 North of Range 11 East of the Black Hills Meridian in the City of New Underwood, Pennington County, South Dakota.

Dated this 16th day of May, 2012

(seal) Jack W. Trullinger, Mayor

Meri Jo Anderson, Finance Officer

Moved by Buchtel second by Holloway to approve Resolution Number 12-05. Roll call vote. Aye: Buchtel, Holloway, and Whitney. Abstain: White. Motion carried. (White abstained for conflict of interest.)

BUILDING PERMIT

BP#12-08; Glenn Schraeder; 301 W. Elm; 20 x 24 garage

Motion by Whitney second by White to approve this permit. Aye: all. Motion carried.

Other items discussed:

Article on New Underwood in Rapid City Journal on Sunday.
Barking dog taken care of.
The maximum speed limit for railroad within City limits is 40 mph.
Elected officials workshop July 24, 2012 in Pierre – the Mayor and three of the Councilors will attend.
Public hearing on malt beverage licenses June 6.
Sewer Ordinance fine tune to our ordinance.
The abatement on the skirting violation has been sent to the attorney to prepare a summons notice for court.
The city will try to cut a ditch in front of Ekern’s to improve the drainage problem.

Being no further business Mayor Trullinger adjourned the meeting at 7:25 p.m.

(Seal) Meri Jo Anderson, Finance Officer