Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Monte Palecek, Tom Struble, John Kangas and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Matt Reckling, City Attorney Gay Tollefson, Seth Hyberger with the CSDED, Nancy Haigh with the Pioneer Review, William and Shirley Buls, George Dennis, Lee Dennis, Terry and Karen Pinney, Teresa O'Connell, Kent Olson, Paulette Roseth, Chad Ramsey, Jerry and Luetta Roseth, Jack Rush, Leonard and Phyllis Thorson, Janice Crowser, Marcy Ramsey, Chuck Allen, Bruce Kroetch, Larry and Helen Pfeifer, Thor Roseth, Todd O'Connor, Mike Noteboom, Branden Moos, Harlan Moos, Dustin Lurz, Mike Moses, Tom Williams, Charles O'Connor, Vern and Carol Foland, Tyrone Moos, Brad Dekker, Nels Crowser, Roy and Margaret Pfeifer, Zack West, Tom Foley, Richard Foley, Neal (Obie) Brunskill, Rita O'Connell, Christopher Arthur; and later, Council Member Greg Arthur.

Absent: Council Member Shirley Chin

Mayor Hart called the meeting to order stating that the Council will discuss old business as well as the scrap metal at the Rubble Site prior to the public hearing on the City's Proposed Comprehensive Plan.

Old Business:

Mayor Hart stated that during the October 5, 2009 City Council meeting, the Council voted to approve a prepayment to Lester-Robbins Construction, Inc. in the amount of $10,000. This was in lieu of extending their current contract and for work to be completed in the spring following the construction of the new swimming pool.

Councilman Vetter noted that the Council was acting in good faith when the action was made, but has since been advised by City Attorney Tollefson of the laws regulating such a prepayment through SDCL 9-23-1 and 9-18-1. Accordingly, the City is legally restricted to provide payment for services that have been rendered.

Following review, motion was made by Vetter, seconded by Struble to withdraw the resolution of Oct. 5, 2009, approving the $10,000 prepayment in the Lester-Robbins, Inc. Motion carried.

New Business:

Mayor Hart then advised the Council that he has been contacted by Mike Noteboom with regard to the City's scrap metal located at the Restricted Use Site. According to Mr. Noteboom, he is closing his scrap metal business and will be offering one last crusher service within the next month. He will be offering payment for the metal with the stipulation that the City will have to deliver it to his business.

Hart went on to suggest the City take advantage of this opportunity to sell their scrap metal as well as the stainless steel pool liner. It may be years before the City has this opportunity again and it will provide a means to stay in good standing with the SD Dept. of Environment and Natural Resources.  

Motion was then made by Vetter, seconded by Palecek to authorize City personnel to deliver the City's scrap metal from the Restricted Use Site and pool liner to Les' Salvage Yard. Motion carried.

At 6:10 p.m., as previously advertised, a public hearing was held on the City's Proposed Comprehensive Plan.

Mayor Hart introduced Seth Hyberger with the Central S.D. Enhancement District (CSDED). The City is a member of the CSDED and has contracted with them to prepare the plan. Hart stressed to the public that this is only a plan and the City has no intention to annex properties into the City limits. In order for the City to grow and prosper, the City needs to have a plan that will identify those areas that will allow us to grow. The plan incorporates the City's future plans for infrastructure as well as the economic development goals established through the Horizon's studies and the 2004 Community Assessment.

Mr. Hyberger presented a review of the plan and noted that according to SDCL 11-6-17, the City is required to host a public hearing to gather the public's input and comments on the proposed plan. The City's major concern at this time is that of the current Restricted Use Site as it is at capacity. The City will need to consider expanding the current site or pursue an alternative site in the near future.

Mr. Hyberger also reviewed the future land use maps and stressed that these are only a guide to indicate possible areas where the City could grow. These are not official zoning maps and in order for the City to annex, they would be required to follow all the annexation laws in SDCL 9-4. The City's future drainage and transportation plans will continue to be refined as deemed necessary.

He further noted that the City will need to assess the possibility of pursuing extraterritorial jurisdiction through joint or sole jurisdiction. This would apply to one-half mile, one mile or three miles outside of the City's corporate limits. Currently the City's zoning and territorial jurisdictions are confined to those areas within the corporate limits. Haakon County has all of the authority for those areas outside the corporate limits.

Sole jurisdiction would require the County to cede (give to the City) all jurisdictional powers to the City for those areas defined as extraterritorial. (Not annexed or taxed by the City, but giving the City zoning and regulatory authority.)

Joint jurisdiction would allow the City and County to, through a cooperative effort, establish zoning and regulatory authority with current and future property developments within those areas. Ultimately, it is through the County's authority and decision making process as to whether or not they decide to cede or not cede sole or joint extraterritorial powers to/or with the City.

Mr. Hyberger then opened the floor to public comments and requested that each comment be limited to three minutes in order to allow everyone an opportunity to voice comments or concerns.

Todd O'Connor questioned if it is the City's plan to control what the property owners outside the City limits are doing with their respective properties? Also, has the City visited with the County about the extraterritorial jurisdiction and if so, what are their thoughts?

Mayor Hart advised that at this time, the City is only considering extraterritorial jurisdiction with the County. In order to follow the legal process, the City must first hold this public hearing to gain the public's input to determine if the City should pursue extraterritorial jurisdiction. If the public is receptive to joint or sole jurisdictional authority through the City/County, only then will the City approach the Haakon Co. Commission with a resolution for discussion, which would authorize cooperative territorial or sole territorial jurisdiction. Ultimately, it will be the County's decision to approve or disapprove of this request. If they approve, then negotiations between the City Council and County Commissioners will be made on what, if any, regulations will be made for the area defined as the extraterritorial jurisdiction.

Hart also noted, with the general consensus of the Council, that the City is only looking to the future. The plan is only that; a plan that will assist in any potential growth up until 2034. He stressed that the City of Philip is determined to continue to strive and protect our future generations. We need to give them a reason to stay here or return to raise their families. He noted that Philip is not placid and reliant on the tourist industry. We are self sufficient and need to keep moving forward so that we do not end up like those communities not far from us. He stated that this is, and should be, a community effort.

Larry Pfeifer questioned if the City could handle anymore work, nonetheless take care of what we already have? Mayor Hart reiterated that the City will continue to take care of what we have. This will be an added bonus to protect our community and offer services to future residents and industries.

Charles O'Connor questioned all the legal statements in the presentation noting that he is not aware of the laws mentioned. In his opinion, this plan will result in zoning regulations outside the City as a means to receive more grant dollars. He mentioned that he does not want the use of his property restricted by zoning and someone telling him what he can and cannot do with his property.

City Attorney Tollefson referenced the SD Codified Laws outlined in the plan pertaining to the adoption of the plan and the annexation process. She stressed that the City cannot implement any extraterritorial jurisdiction without the County's cooperation. Currently the City has a one-mile policing jurisdiction that allows enforcement of laws by the Police Dept. as well as that of controlling our waterways, etc. This policing jurisdiction applies to one-mile around the City's corporate limits as well as one-mile around any properties owned by the City that are located outside the corporate limits.

She also noted that the City cannot annex property without following those laws outlined in SDCL 9-4. These are the safeguards that limit the City on the annexation process. Option one for annexation is that by petition of the property owner(s). Option two is that of forced annexation by the City, which requires a study to determine if the annexation would be for the good of the public, hosting public hearings, as well as an election if it is referred by those affected by the forced annexation. Furthermore she stressed that those properties must be contiguous with the current corporate limits in order to be annexed. To clarify, the City is able to exercise the respective annexation laws with or without this plan.

Chad Ramsey stated that in his opinion, those being brought in through forced annexation would lack the opportunity of having their vote count. This is due to the fact that if an election were to occur, the current citizens in Philip would out vote those in the affected area of the annexation as they would be in favor of an increase in their tax base.

Terry Pinney then questioned about the future land use maps and applying the zoning regulations to those areas. It was noted that the future land use maps are only a suggestion for future developments and growth of the City. They do not enforce zoning regulations as the City only has authority to regulate zoning within the corporate limits. The County has the authority to regulate zoning in those areas outside the corporate limits unless a sole or joint jurisdictional agreement is developed and approved by both entities.

Council Member Vetter stated that it was not the City's intention to cause havoc with those outside the City limits. Those areas highlighted in the future land use maps are mere suggestions for possible areas where the City could grow. For instance, if a housing developer would come in, where would be the logical place for a housing development to be placed? He noted that with the floodplain to the south and commercial/industrial to the east, it was logical to put the future residential growth to the north and west of Philip. He stressed that this is only a plan, nothing set in stone. They are only mere suggestions as they follow those current properties that are already there.

He also stressed that the City was considering the possibility of potential business that could dampen our future growth. This would allow the City to enforce regulations so that a hog confinement or strip club is not built along the corporate limits.

Thor Roseth stated that he respects what the Council is trying to do, but would like them to consider the unintended consequences that could arise from this. They may trust the regulations established with the current City and County boards, but what about the future boards. This could lead to additional restrictions and regulations that the community is not in favor of.

It was then mentioned that livestock is not allowed within the City limits and how would this apply to the extraterritorial jurisdiction? Furthermore, how would agricultural land be preserved? Also, if these areas are zoned, does the City have control over the land? All of these concerns would have to be addressed during the negotiations between the City Council and County Commissioners.

It was then questioned as to the taxing authority in the extraterritorial jurisdiction and if the County would raise taxes on those areas zoned? It was noted and stressed that the City has no taxing authority in that area. The City's taxing authority is restricted to those properties within the corporate limits.

Mayor Hart stressed that in order for the zoning to be incorporated into the County, the County Commissioner's would have to adopt zoning ordinances either their own or those of the City.

Janice Crowser questioned what the City would provide to her if her land was annexed into the City? She stated that in her opinion, it would not provide any advantage to the City as it is in the flood zone. Mayor Hart noted that the City would provide water, sewer paved roads, law enforcement, street lighting and the like to those areas annexed.

Teresa O'Connell stated that with the trends shown in the plan, our population is decreasing. In the past when we had a larger population, the housing and area of Philip was sufficient. She suggested that the City may want to consider regulating zoning more in the residential areas with beauty shops consuming potential residential homes.

Mr. Hyberger reiterated that the future land use maps have no zoning authority. They were developed as a means to guide the current and future generations if and when the City was to ever grow. It also incorporates the City infrastructure as to how the City would provide those services during the growth.

Zack West then inquired how this would bring businesses to town as in his opinion, it would push them away? Mr. Hyberger stated that large corporations are more apt to move into a community that has zoning. They see zoning as a protection and guarantee that their property will be maintained for their business to succeed and grow.

Todd O'Connor then suggested that the zoning be left up to those when they purchase property.

It was also noted that the community members of Philip live here because we do not have the zoning and regulations such as those properties in Pennington County. An example was given that property owners in Pennington County are required to file a building permit to build a fence or to move a corral.

Mayor Hart thanked everyone for attending and voiced his appreciation for all of their input as they left the meeting at this time.

Mayor Hart then polled the Council on their views of the City pursuing extraterritorial jurisdiction with the County. With no one in favor of pursing extraterritorial jurisdiction, motion was made by Vetter, seconded Palecek to deny pursuing extraterritorial jurisdiction with the County. Motion carried with all members voting aye.

With nothing further, the Council adjourned at 7:09 p.m.

                                                                        /s/John F. Hart, Mayor

ATTEST:

/s/Brittany Smith, Deputy Finance Officer

(Publish: October 22, 2009 at an approximate cost of $_______)