New Underwood, South Dakota

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

Minutes June 19, 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 June 19, 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, Dianne Trullinger, and Cris Anderson.  The meeting was called to order by Mayor Trullinger.

 

AGENDA

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

 

MINUTES 

Moved by Whitney second by K. Trullinger to approve the June 5, 2013 minutes as presented.  Aye: all.  Motion carried. 

 

PUBLIC WORKS

Mr. Bale reported they have been mowing, working on lagoon dike, equipment repairs, and dumping metal dumpster.  DENR inspected the water system today and it passed the inspection.

 

AQUATIC DIRECTOR

Cris Anderson reported the new chlorinator has been purchased and installed. Cotton is still a problem, but new chlorinator keeping up. Adult swim will start in July.

 

REVISED GARBAGE ORDINANCE

The ordinance on garbage needed revised due to the new truck and totes, whereupon Ordinance Number 13-04 received its second reading.  Motion by Buchtel second by Holloway to approve the second reading of Ordinance Number 13-04.  Roll call vote.  Aye:  Buchtel, Holloway, K. Trullinger, and Whitney.  Nay: none.  Motion carried.

 

ANNEXATION & PLAT

A petition for annexation from Steve & Laurie Swanson was presented.  Motion by Buchtel second by K. Trullinger to authorize the Mayor’s signature on this petition.  Aye:  all.  Motion carried.  Whereupon Resolution Number 13-09 was introduced.

 

RESOLUTION NUMBER 13-09

 

 WHEREAS as an incorporated municipality, the City of New Underwood, may expand its borders  by resolution of the governing body as applied in SDCL 9-4-1, and

 

WHEREAS the owners of a parcel of land contiguous to the City of New Underwood described as a portion of  Lot 1R of Boydston 1 Subdivision of the SW ¼ of the NW ¼ of Section 32, R2N R11E BHM New Underwood, Pennington County, South Dakota, (formally a portion of the unplatted balance of the SW 1/4 of NW ¼ of Section 32,  Township 2 North, Range 11 East of the Black Hills Meridian, New Underwood, Pennington County, South Dakota, have requested the above mentioned parcel of land be annexed to the corporate limits of New Underwood), and

 

NOW THEREFORE BE IT RESOLVED that the Council of the City of New Underwood, Pennington County, South Dakota having received and duly approved a petition for annexation from Steven G. Swanson and Laurie A. Swanson, owners, do hereby formally approve the annexation of a portion of  Lot 1R of Boydston 1 Subdivision of the SW ¼ of the NW ¼ of Section 32, R2N R11E BHM New Underwood, Pennington County, South Dakota, (formally a portion of the unplatted balance of the SW 1/4 of NW 1/4 of Section 32,  Township 2 North, Range 11 East of the Black Hills Meridian, New Underwood, Pennington County, South Dakota).

 

BE IT FURTHER RESOLVED that the New Underwood City Council having acted in compliance with SDCL 9-4-1 does hereby instruct the Finance Officer to file copies of this resolution with the Pennington County Auditor and the Register of Deeds and Pennington County Planning and Zoning Commission for their information, records, and comments.

 

By order of the New Underwood City Council

 

Dated June 19th, 2013

 

(seal)

 

 

Meri Jo Anderson, Finance Officer    Jack W. Trullinger, Mayor City of New Underwood

 

Moved by Buchtel second by Holloway to approve Resolution Number 13-09.  Roll call vote.  Aye:  Buchtel, Holloway, K. Trullinger, and Whitney.  Nay: none.  Motion carried.

 

Whereupon the plat was presented for approval and Resolution Number 13-10 was introduced. 

 

RESOLUTION NUMBER 13-10

 

WHEREAS a plat of Lot 1R of Boydston 1 Subdivision formerly Lot 1 of Boydston 1 Subdivision and a portion of a portion of  Lot 1R of Boydston 1 Subdivision of the SW ¼ of the NW ¼ of Section 32, R2N R11E BHM New Underwood, Pennington County, South Dakota, (formally a portion of the unplatted balance of the SW 1/4 of NW ¼ of Section 32,  Township 2 North, Range 11 East of the Black Hills Meridian, New Underwood, Pennington County, South Dakota, have requested the above mentioned parcel of land be annexed to the corporate limits of New Underwood), was submitted for the purpose of examination and approval by the governing body, and

 

WHEREAS it appears that said plat conforms with the system of streets and alleys of the existing plat of said City and additions thereto, 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 a plat of Lot 1R of Boydston 1 Subdivision formerly Lot 1 of Boydston 1 Subdivision and a portion of a portion of  Lot 1R of Boydston 1 Subdivision of the SW ¼ of the NW ¼ of Section 32, R2N R11E BHM New Underwood, Pennington County, South Dakota, (formally a portion of the unplatted balance of the SW 1/4 of NW ¼ of Section 32,  Township 2 North, Range 11 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 19th day of June, 2013

 

(seal)

 

 

Meri Jo Anderson, Finance Officer                                        Jack W.Trullinger, Mayor

 

Moved by Buchtel second by Holloway to approve Resolution Number 13-09.  Roll call vote.  Aye:  Buchtel, Holloway, K. Trullinger, and Whitney.  Nay: none.  Motion carried.

 

SPECIAL LICENSE

Special License 13-05; The Hall; June 22, 2013

Moved by Buchtel second by Holloway to approve.  Aye: all.  Motion carried.

 

BUILDING PERMITS

BP#13-16; Jim & Donna Kinsella; 110 S. “D” Ave.; move off mobile home

Moved by Buchtel second by Whitney to approve.  Aye: all.  Motion carried.

BP#13-17; Joe & Jessica Weishaar; 106 S. Madison; shed & fence

Moved by Whitney second by K. Trullinger to approve providing they meet all set backs.  Aye: all.  Motion carried.

 

EXECUTIVE SESSION

Motion by Buchtel second by Holloway to go into executive session at 6:30 p.m. as per SDCL 1-25-2#1: personnel matter. The executive session adjourned at 6:49 and regular session resumed.

 

Other items discussed:

1. The Mayor did request a hidden driveway sign from the county on 1416 the west side of city.

2.  Governmental Funds Sheets were presented.

3.  Zoning Map will be computer generated and the council will look at making changes.

4.  Wind generators.

5.  Abatement notices sent:  mowing, dog, abandoned vehicle.

6.  Draft on Camper ordinance tabled.

7.  Fireworks: since dry conditions do not exist, fireworks will not be banned.

   

 

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

 

 

(Seal)  Meri Jo Anderson, Finance Officer

 

 

 

REVISED GARBAGE ORDINANCE NUMBER 13-04

ARTICLE  III - UTILITIES

UTILITY ORDINANCE #3 - GARBAGE

 

 

            AN ORDINANCE OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA TO DEFINE AND REGULATE THE COLLECTION AND DISPOSITION OF GARBAGE, RUBBISH, AND REFUSE, AND CHARGES THEREFORE,

 

 BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA THAT ORDINANCE NO. 13-04 READ AS FOLLOWS:

 

ARTICLE  I.    IN GENERAL.   

 

Section      1:    Definitions.

 

(a)  The word "household garbage" as used in this ordinance, shall mean kitchen refuse (animal & vegetable matter), cans, bottles, paper, ashes (no hot ashes shall be placed in any garbage container), cardboard boxes, and other waste materials ordinarily originating on family domestic or commercial premises, and items which can be, and are, placed in regulation garbage containers  as provided for in this ordinance.  The word "household garbage" shall not include flammable materials as described in Section 5.

(b)  A " family domestic unit" for the purpose of this ordinance shall be deemed to be and mean any single independent family unit, irrespective of the number of persons constituting such family.  Each independent family unit living in multiple dwelling residences, apartment houses, or any types or residences, including mobile homes, shall each be deemed a family domestic unit for the purposes of this ordinance. 

A family domestic unit will also include home occupations (reference Article IV - Planning and Zoning - Section V) and will apply to any single family residence which operates a business from that structure.

(c)  A "commercial customer" for the purpose of this ordinance shall be deemed to be and mean:  anyone who does not fall under the definition of family domestic unit.  Each commercial venture is separate and distinct for the purpose of this Ordinance whether they sit on the same property legal description or not. Commercial Ventures contained within one building and serviced by one water meter are considered one commercial customer. If more than one dumpster is required for a commercial customer, this determination is to be made by the Director of Public Works, based on the amount of garbage, by volume, they produce. If a commercial customer does not generate the volume of garbage necessary to warrant a dumpster they must petition the City Council for the special commercial garbage rate.

(d)  A “rural customer” for the purpose of this ordinance shall be deemed to be and mean anyone who does not live within the City of New Underwood City limits.

(e)  When a question arises on which classification you are, the determination will be made by the Common Council by simple motion. (Exemptions may be considered for Churches and non-profit organizations.)

 

Section  2:    Littering. 

 

(a)  Any person who willfully causes or allows any litter to be deposited on public property shall be cited for littering.

(b)  It is unlawful to place your residential or commercial garbage or rubbish in someone else's business dumpster

State Law No. 34A-7 will be enforced.                  

 

Section 3:  Garbage truck pickup

 

 Regular household garbage, paper of all kinds: newspaper, magazines, office paper,  and paint cans that have been allowed to dry out.

 

Section  4:   Disposition of heavy accumulations at the New Underwood Landfill

 

Unauthorized use of the landfill or trespassing are not allowed. 

As a result of illegal dumping any fine imposed on the City by the EPA will be passed on to the perpetrator.

The dump is open the first and third Saturdays of the month from 8:00 a.m. to 12:00 noon, at the discretion of the Director of Public Works concerning road or weather conditions. 

The charge is $20.00 per pickup and $50.00 per truck or trailer load including State sales tax, determined by City Office personnel.  (All garbage customers paying City Garbage fees are exempt from this charge.)

 

All materials must be separated as follows:

a.         Mulch:  grass clippings or leaves that have been removed from carrying       container.

b.         Burn pit:  trees, clean lumber, clean wooden building material.

c.         Freon containing units:  refrigerators, air conditioners, and freezers.  There is a $15.00 disposal fee for City Residents, $20.00 disposal fee for Rural        Residents for these items to be accepted at the dump.  (This option is             available only to residents of the Community.)

d.         Wire: barbed, woven, and electrical

e.         Metal: white goods, car bodies, water heaters, etc.

f.          Concrete, bricks, cinderblocks, rocks

g.         Waste tires.  There is a disposal fee of $5.00 for tires under 16 inch diameter, $10.00 for tires 16 inches and greater and $15.00 for tractor tires, no tires over 18/438 will be accepted.  This fee is in addition to other dumping charges.  (Example:  $20.00 per pick up load plus an additional charge of $5.00 per tire.)  All prices include applicable Sales Tax.  (Price changes and hours of dump may be changed by Resolution.)

 

Section 5:  Special attention material   (Responsibility of Customers)

 

a.         Motor oil may be taken to Public Works Shop.

b.         Asphalt Shingles - must go to Rapid City Landfill.

c.         Vehicle batteries may be turned in at Public Works Shop.

d.         Chemicals, insecticides must be used for the purpose intended and disposed of according to the label.  Advice on hazardous materials is available by phoning (605) 394-4180

e.         Highly flammable or explosive materials shall be disposed of as directed by            the Director or Public Works at the expense of the owner or possessor        thereof.

 

ARTICLE  II:     COLLECTION REGULATIONS.

 

Section  1Frequency of collection.

 

(a)  The collection of family domestic & commercial garbage shall be made at least once per week, provided that the garbage material is properly stored for collection in containers complying with the provisions of this Article. Containers will be put out by 6 A.M. on the collection day.

 

Section  2Garbage containers required.

 

(a)  All family domestic units or commercial establishments where kitchen garbage accumulates will be provided one or more plastic garbage cans, with hinged lids, capacity is to be 65 to 95 gallons (if necessary holes must be drilled into the containers to allow liquid to seep out). No barrels or lead-lined cans will be allowed. 

(b)  Garbage cans shall be kept closed except during the deposit of garbage. 

 

Section  3Maintenance and replacement of garbage containers.

(a)  Every garbage can or container required by this Article shall be maintained by the owner or user in as sanitary condition as possible and shall be thoroughly cleansed as needed by washing, scalding, or otherwise.

 

Section  4Location of garbage containers.

 

For Family Domestic Units

On the days of the garbage collection, the garbage shall be put within four (4) feet of the edge of the City Street and not impede traffic. The container is to be four (4) feet from trees, cars, mailboxes, and any other objects and if more than one (1) container they have to be at least four (4) feet apart. Special consideration will be given to handicapped and elderly individuals. If requested, plastic dumpsters that service more than one customer at shall be placed at a location determined by the Director of Public Works.

 

No garbage collection vehicle will use private driveway or property in collection garbage under the provisions of this Article.  (Exceptions:  Street on the east of Sunny Haven between Pine & Oak, and Pine Street south of Pearson’s Mobile Home Park, and other areas where there are dead ends.)

 

For Rural Customers

City personnel will designate where their garbage will be placed.

 

Section 5: Billing and Collecting Procedures.

 

(a)  Such charge for collection and disposal of garbage shall be payable by and chargeable to, either the owner or occupants of the property.  Such charges shall be noted on the monthly water or sewer billing and shall be immediately due and payable upon such billing date and shall be payable with and in addition to such water or sewer bill; and, in the event of non-payment of said garbage collection and disposal charge, water service may be discontinued by the City at such premises.

(b)  When a family domestic unit is unoccupied and not generating garbage, the garbage fee may be waived, upon notice to City Hall. The family domestic unit must be empty for at least thirty (30) days.

(c)  Whenever the collection of garbage, trash, and refuse from any premises in the City shall exceed the normal amount as compared to similar circumstances for such premises so that the fee prescribed for such collection is not fair and reasonable as applied to that particular premises, the Common Council may establish a special rate therefore.

(d)  The City requires monthly garbage fees from every family domestic unit and commercial customer within the City limits of New Underwood.

(e)  The City of New Underwood provides its own collection service.

(f)  Garbage fees are as follows and may be changed by Resolution:  (09-01) $15.60 per month for Family Domestic Unit;   $39.00 per month for Commercial Customer or $39.00 per dumpster whichever is greater;  $19.50 per month for Special Commercial Rate; $22.10 per month for Rural Customers; $10.00 per extra dump of dumpsters.  (These prices include State Sales Tax).

Reference Resolution Number 13-02: The following rates will be effective on September 1, 2013, which are due and payable October 1, 2013:

Garbage: (prices include sales tax)

Residential (family domestic unit) - $20.00 a month

Commercial - $44.00 a month per dumpster; and $24.00 for special commercial rate

Rural – $27.00 a month residential

 

ARTICLE III:  PENALTY CLAUSE

 

Any person failing or refusing to follow the rules and regulations relating to this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $100.00.

 

(Seal)

                                                                                  Jack W. Trullinger, Mayor

 

Meri Jo Anderson, Finance Officer

 

First Reading:  June 5, 2013

Second Reading:  June 19, 2013

Publish date:  June 27, 2013

Effective Date:  July 17, 2013