Minutes of the Minnehaha County Commissioners for Aug. 1, 2023
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on August 1, 2023, pursuant to adjournment on July 25, 2023. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, and Karsky. Commissioner Kippley was absent. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.
Chair Bender called the meeting to order.
MOTION by Karsky, seconded by Bleyenberg, to approve the agenda. 4 ayes
CONSENT AGENDA
MOTION by Beninga, seconded by Bleyenberg, to approve the consent agenda. By roll call vote: 4 ayes. The consent agenda includes the following items:
Commission Meeting Minutes for July 25, 2023
Joint City of Sioux Falls/Minnehaha County Minutes from July 25, 2023
Bills to be Paid $1,462,610.53
46WEST OPERATING LLC Welfare Rent $967.5, A&B BUSINESS SOLUT Lease-Rental Agreement $391.95, A&B BUSINESS SOLUT Maintenance Contracts $101.33, AARON GEORGE PROPERT Motels $995, AARON GEORGE PROPERT Welfare Rent $2195, AIRGAS USA LLC Gas Oil & Diesel $168.24, AIRWAY SERVICE INC Automotive/Small Equipment $866.61, AIRWAY SERVICE INC Gas Oil & Diesel $330.98, ALCOHOL MONITORING S Electronic Monitoring $405.06, ALL NATIONS INTERPRE Interpreters $7437.2, ALTERATIONS BY LEE Uniform Allowance $130, ALVIN BETTELYOUN Return Of Service $100, ANDERSON, AUBREY Business Travel $93.84, ANDERSON, JENNIFER Bd Evaluations (Minnehaha) $6948.2, ANDREW BERG Taxable Meal Allowances $18, ARGUS LEADER MEDIA Publishing Fees $20.58, AVERA MCKENNAN Hospitals $5650, AVERA MCKENNAN Professional Services $122.29, AXIS FORENSIC TOXICO Lab Costs $274, BABINSKI PROPERTIES Welfare Rent $700, BANGS,MCCULLEN,BUTLE Attorney Fees $3462.5, BOB'S LOCK & KEY Miscellaneous Expense $11.4, BOYER FORD TRUCKS IN Truck Repairs & Maintenance $353.04, BUTLER MACHINERY COM Parts Inventory $172.14, CANFIELD BUSINESS IN Repair/Renovations $70607.62, CARPENTER, DONOVAN Business Travel $32.56, CENTER FOR FAMILY ME Professional Services $62.58, CENTURY BUSINESS PRO Maintenance Contracts $105.02, CHAGOLLA, ALBERT Interpreters $200, CINTAS CORPORATION Janitorial Chemical Supplies $253.55, CINTAS CORPORATION Uniform Allowance $57.76, CIVIL DESIGN INC Architects & Engineers $17413.75, COMPUTER FORENSIC RE Professional Services $3600, CORRECTIONAL MEDICAL Contract Services $729496.6, DAKOTA FLUID POWER I Truck Repairs & Maintenance $93.75, DAKOTALAND AUTOGLASS Automotive/Small Equipment $49.99, DALSIN INC JDC Maintenance $797, DEANS DISTRIBUTING Gas Oil & Diesel $268.85, DELL MARKETING LP Data Processing Equipment $1366.82, DEMATTEO LAW FIRM PR Attorney Fees $1681.4, EICH LAW OFFICE LLC Child Defense Attorney $672.1, ENGLISH LAW Attorney Fees $6300, ERGOMETRICS & APPLIE Recruitment $110, FLEETPRIDE INC Parts Inventory $229.59, FORENSIC MEDICINE & Professional Services $7686.94, FOX, DANIEL Bd Exp Fees (Yankton) $325.76, G & R CONTROLS INC Plumbing & Welding $136.25, GATES, LAURIE A Bd Exp Fees (Minnehaha) $112, GEOTEK ENGINEERING & Architects & Engineers $4260.5, GIRTON ADAMS Road Maint & Material $82.5, GLOBAL TEL LINK (GT Telephone $2.04, GOLDEN WEST Telephone $69.95, GRAHAM TIRE CO NORTH Automotive/Small Equipment $1168, GRAHAM TIRE CO NORTH Truck Repairs & Maintenance $1180.3, GRIESE LAW FIRM Child Defense Attorney $2140.2, GUNNER, ANDREA Court Reporters $64.35, GUZMAN, SANDRA V Interpreters $420, HEERENGRABER, KRISTA Expert Witness Fees & Expenses $500, HIGH PLAINS TECHNOLO Maintenance Contracts $6224.88, HOV SERVICES INC Archive/Preservation Supplies $422.64, HUB INTERNATIONAL GR Professional Services $5500, HURTGEN, PROPERTIES Welfare Rent $50, HYVEE ACCOUNTS RECEI Jury Fees $137.32, HYVEE ACCOUNTS RECEI Pharmacies $33.62, INTERSTATE OFFICE PR Lease-Rental Agreement $372.74, INTERSTATE OFFICE PR Office Supplies $818.46, ISI LLC Interpreters $160, JANE SMITH Court Reporters $52.5, JEFFERSON PARTNERS L Transportation $244.59, JEFFERSON VILLAGE Welfare Rent $500, JOHNSON & SONS CONST Bldg/Yard Repair & Maintenance $1020.41, KATTERHAGEN, MARK Bd Exp Fees (Yankton) $36, KAUFFMAN, DAVID W PH Psych Evals $2700, KISH, PAUL ERWIN Professional Services $11766.36, KNECHT, ANDREW J Attorney Fees $492.2, KNIFE RIVER Bridge Repair & Maintenance $447, KONE INC HHS $25798, KONE INC Maintenance Contracts $1071.39, KRUSE LAW OFFICE Attorney Fees $2900, KYRA ENTERPRISES LLC Welfare Rent $2130, LARSON, VALERIE Bd Exp Fees (Yankton) $36, LEWNO LAW OFFICE Bd Exp Fees (Yankton) $112.25, LOCKWOOD & ZAHRBOCK Child Defense Attorney $4635, LOPEZ, REBECA Interpreters $940.67, LOVING, PHILIP Bd Evaluations (Minnehaha) $2814.2, LUTHER, JEFF Medical Director $2750, MEADOWLAND APARTMENT Welfare Rent $2681, MEDSTAR PARAMEDIC IN Transportation $3200, MEIERHENRY SARGENT L Attorney Fees $2557.3, MENARD INC Bldg/Yard Repair & Maintenance $129.99, MENARD INC Road Maint & Material $25.98, MH LOAN CORP Mortgage Assistance $984.64, MIDAMERICAN ENERGY C Natural Gas $1146.05, MIDCONTINENT COMMUNI Amounts Held For Others $257.78, MIDSTATES UNIFORM & Miscellaneous Expense $79.84, MIDWEST CONTRACTING Contracted Construction $287121, MINNEHAHA CNTY TREAS Miscellaneous Expense $132, MINNEHAHA FUNERAL HO Burials $1300, MORGAN COFFMAN Taxable Meal Allowances $46, MOTOROLA SOLUTIONS I Communication Equipment $5581.58, MURRAY PROPERTIES LL Welfare Rent $2445, MYERS & BILLION LLP Attorney Fees $1048.6, MYRL & ROYS PAVING I Road Maint & Material $409.5, NAPA AUTO PARTS Automotive/Small Equipment $44.96, NAPA AUTO PARTS Parts Inventory $278.69, NICHOLE CARPER Attorney Fees $1476, NUTRIEN AG SOLUTIONS Chemicals $27350, OLD ORCHARD CAFE MacArthur SJC Grant $378.18, OLSON OIL CO. Automotive/Small Equipment $400, OPHTHALMOLOGY LTD Medical Records $25, OREILLY AUTOMOTIVE S Automotive/Small Equipment $77.91, PALLUCK, ETHAN Taxable Meal Allowances $28, PAPER ROLL PRODUCTS Office Supplies $371.7, PETTIGREW HEIGHTS AP Welfare Rent $3275, PFEIFER IMPLEMENT CO Automotive/Small Equipment $254.79, PIONEER ENTERPRISES Burials $2500, PRICE, THOMAS L Attorney Fees $1500, PRICE, THOMAS L Professional Services $2400, QUAIL HOLLOW TOWN HO Welfare Rent $350, QUALIFIED PRESORT SE Publishing Fees $662.04, RAMKOTA HOTEL Business Travel $2302, REAGAN RICHARDSON Business Travel $5.1, REEVES, MEGAN Court Reporters $122.5, RENTOKIL NORTH AMERI Professional Services $68.93, RESOLUTE LAW FIRM IN Attorney Fees $2051.1, RINGING SHIELD,NICHO Bd Evaluations (Minnehaha) $385, RISK ANALYSIS & MANA Insurance Admin Fee $2899, ROTOROOTER JDC Maintenance $485, ROTOROOTER Plumbing & Welding $170, SAFE HOME LTD PTNRSH Rent Subsidies $10799, SALEM, KARLA R Bd Evaluations (Minnehaha) $220, SANFORD CLINIC Contract Services $27777.66, SCHOENEMAN BROS CO HHS Maintenance $12, SEVERTSON, ALLEN Business Travel $41.32, SIOUX EMPIRE FAIR AS Miscellaneous Expense $12500, SOLHEIM, VIRGINIA Business Travel $42.34, STAN HOUSTON EQUIPME Lease-Rental Agreement $125, STATE OF SOUTH DAKOT Amts Held-Daily Scram $3855, STATE OF SOUTH DAKOT Amts Held-Remote Breath $662, STATE OF SOUTH DAKOT Bridge Repair & Maintenance $453.43, STATE OF SOUTH DAKOT Contracted Construction $3864.54, STATE OF SOUTH DAKOT Education & Training $140, STATE OF SOUTH DAKOT Miscellaneous Expense $28, STATE OF SOUTH DAKOT Notary Exp $60, STREICHERS INC Uniform Allowance $146.19, STURDEVANTS AUTO PAR Automotive/Small Equipment $670.06, SUMMIT FOOD SERVICE Child Care Food $6763.31, SUMMIT FOOD SERVICE School Lunch Program $14515.43, TACTICAL ENERGETIC E Homeland Security $1650, TAFOLLA, MIRANDA RAE Court Reporters $2776.4, THOMSON REUTERS - WE Amounts Held For Others $1068.51, THOMSON REUTERS - WE Books $49.98, TIRES TIRES TIRES IN Truck Repairs & Maintenance $31.54, TOMACELLI'S TOO Jury Fees $307.96, TRANSOURCE TRUCK & E Truck Repairs & Maintenance $578.13, TRI-STATE NURSING Professional Services $2640.25, TRISTATE GARAGE DOOR JDC Maintenance $797, TWO WAY SOLUTIONS IN Communication Equipment Repair $3378.84, TYLER TECHNOLOGIES I Software $6400, US FOODS INC Other Supplies $37.34, US FOODS INC Professional Services $1473.87, VER BEEK, KELSEY Child Defense Attorney $1149.18, VINEYARD HEIGHTS Welfare Rent $1195, VITAL RECORDS Records Storage $3394.14, VOGEL MOTORS LLC Gas Oil & Diesel $57, WALGREENS Pharmacies $679.8, WHEELCO Heavy Equip Repairs & Maint $458.08, WHEELCO Truck Repairs & Maintenance $30.25, WHITTIER APARTMENTS Welfare Rent $567, XCEL ENERGY Electricity $33952.7, XCEL ENERGY INC Welfare Utilities $576.3, YANKTON COUNTY Return Of Service $50.
July 2023 Commission Salaries
COMMISSION Salaries $35,668.78
AUDITOR Salaries $56,113.17
TREASURER Salaries $99,094.74
INFORMATION TECHNOLOGY Salaries $91,855.71
STATES ATTORNEY Salaries $450,677.34
PUBLIC DEFENDER Salaries $267,884.06
PUBLIC ADVOCATE Salaries $82,219.67
FACILITIES Salaries $64,186.05
EQUALIZATION Salaries $109,836.43
REGISTER OF DEEDS Salaries $49,362.22
HUMAN RESOURCES Salaries $35,734.54
SHERIFF Salaries $1,351,631.58
JUVENILE DETENTION CENTER Salaries $202,421.24
HIGHWAY Salaries $165,132.09
HUMAN SERVICES Salaries $157,510.91
MUSEUM Salaries $94,866.81
PLANNING Salaries $45,644.81
EXTENSION Salaries $3,497.60
Routine Personnel Actions
New Hires
1. Braden Gustafson, Corrections Systems Operator for the Jail, at $19.81/hour (10/1) effective 7/31/2023.
2. Sarah Severson, Correctional Officer for the Jail, at $24.16/hour (14/1) effective 7/31/2023.
3. Selina Betancourt, Juvenile Correctional Officer I for the Juvenile Detention Center, at $24.16/hour (13/2) effective 8/5/2023.
4. Melissa Morehead, variable hour Safe Home Program Worker for Safe Home, at $18.50/hour effective 7/25/2023.
5. Maria Larreynaga, Victim Witness Assistant for the State's Attorney's Office, at $26.65/hour (16/1) effective 7/31/2023.
Promotions
1. To promote Stephanie Schaeppi, Appraiser in Training to Appraiser for the Equalization Office, at $25.37/hour (15/1) effective 7/22/2023.
2. To promote Dawson, Kerzman, Correctional Officer for the Jail to Deputy Sheriff for the Sheriff's Office, at $27.98/hour (17/1) effective 8/10/2023.
3. To promote Jayden Sullivan, Correctional Officer for the Jail to Deputy Sheriff for the Sheriff's Office, at $27.98/hour (17/1) effective 8/10/2023.
Step Increases
1. Brittani Crawford, Juvenile Correctional Officer I for the Juvenile Detention Center, at $28.70/hour (13/8) effective 7/14/2023.
2. Jacob Carsten, Deputy Public Defender for the Public Defender's Office, at $3,492.80/bi-weekly (22/3) effective 8/1/2023.
3. Erica Adams, Legal Office Assistant for the State's Attorney's Office, at $20.81/hour (10/2) effective 7/18/2023.
4. Melissa Brown, Tax and License Technician for the Treasurer's Office, at $21.86/hour (10/3) effective 7/28/2023.
5. Brett Dannen, Accountant for the Treasurer's Office, at $31.67/hour (16/6) effective 7/23/2023.
To record significant employee anniversaries for August, 2023: 5 years-Nathanael Ellens, Lindy DeGroot, Abby Sitzman; 10 years-Jesimae Breauer; 15 years-Karen Weeldreyer, Patricia Allen; 20 years-Steve Punke, Krista Leidholt.
To record volunteers in County Departments for July, 2023. This list is on file at Human Resources.
Abatement Applications Recommend for Approval by Department of Equalization
Parcel 37398, City of Sioux Falls, 2020 Property Taxes, $3,913.93
Parcel 51016, City of Sioux Falls, 2020 Property Taxes, $515.66
Parcel 51303, City of Sioux Falls, 2020 Property Taxes, $870.38
Parcel 52857, City of Sioux Falls, 2020 Property Taxes, $1,586.79
Notices and Requests
Authorize the Auditor to publish a Notice of Hearing for Application to Transfer Retail (On-Off Sale) Malt Beverage & SD Farm Wine License for Holiday Stationstores, LLC.
Authorize the Auditor to publish a Notice of Hearing for Application to Transfer Retail (On-Off Sale) Wine & Cider License for Holiday Stationstores, LLC.
LIQUOR LICENSE PUBLIC HEARING
Kym Christiansen, Commission Recorder, was present for the public hearing and presented an application for Retail (On-Off Sale) Malt Beverage & SD Farm Wine License submitted by Pilot's Roadhouse. The property is legally described as E10 Rds N 14 Rds NE 1/4 (Ex Rd) Section 33-T102N-R50W and is located at 4901 N Ellis Road, Sioux Falls. The license would allow for the sale of malt beverages and SD Wine at their establishment located in Minnehaha County. The application was sent to the Sheriff's Office, State's Attorney's Office, and Planning Department for review and there were no concerns or objections reported. The fee for a new Retail (On-Off Sale) Malt Beverage License & SD Farm Wine License is $300.00 plus a $55.00 publishing fee.
Chair Bender asked for proponents and opponents to speak on the topic. Michael Meendering, applicant and proponent, spoke in favor of the issuance of the Retain (On-Off Sale) Malt Beverage & SD Farm Wine License. There was no one in attendance to speak in opposition to the license.
MOTION by Beninga, seconded by Karsky, to approve a Retail (On-Off Sale) Malt Beverage & SD Farm Wine License for Pilot's Roadhouse located at the property legally described as E 10 Rd N 14 Rds NE 1/4 (Ex. RD) Section 33-T102N-R50W. By roll call vote: 4 ayes.
REZONING PUBLIC HEARING
Mason Steffen, Planner, was present for the public hearing and gave the second reading of an amendment to the 1990 Revised Zoning Ordinance for the Minnehaha County. The amendment, Rezone #23-04, is to rezone from an A-1 Agricultural District to the RR Rural Residential for the property legally described as Tract 1 Schreur's Addition (Ex. Lot H-2) E 1/2 Section 24-T103N-R49W, Sverdrup Township, located along County Highway 121 (478th Avenue), and is approximately seven miles west of Garretson. The property is a parcel of land that is approximately 15.00 acres. The property owner and petitioner is Peter Bendorf. The rezone will allow for residential development and subdivision of the proposed property. The RR Rural Residential Zoning District has a minimum lot size of one acre so the proposed rezoning would have the potential to add up to fifteen individual residential lots. The proposed area to be rezoned is currently a fifteen-acre residential acreage with one single-family dwelling. At the June 26, 2023 Planning Commission meeting, several neighbors to the subject property expressed their concerns regarding the proposed rezoning. These included traffic concerns, concerns regarding the preservation of farmland, and concerns regarding building eligibilities. The Planning staff have concerns with this request regarding density zoning and adding a cluster of residential properties in the agricultural production area of the county, where residential development should be limited to the available building eligibilities. In addition, this rezoning for a small parcel of land is approved, it could lead to similar requests across the county. The Envisions 2035 Comprehensive Plan for Minnehaha County includes the subject property within the agricultural production area of the county. The plan also states that the primary purpose of the agricultural production area is to protect, preserve, and promote agricultural use and the economic viability for farming operations. This request does not meet the goals that are stated in Envision 2035. The Planning Commission unanimously voted to recommend denial of rezoning request.
Chair Bender asked for proponents and opponents to speak on the topic. Peter Bendorf, petitioner and proponent, spoke in favor of the rezoning and stated the rezone would fit into the Envision 2035 plan and would not be harmful to agricultural activities in the area. There was no attendance to speak in opposition to the rezoning request.
Commission discussion included the request fitting in to the Envision 2035 plan along with highlighting the need for development in the area.
MOTION by Karsky, seconded by Bleyenberg, to uphold the recommendation of the Planning Commission and deny the rezoning from A-1 Agriculture to RR Rural Residential for the property legally described as Tract 1 Schreur's Addition (Ex. Lot H-2) E 1/2 Section 24-T103N-R49W, Sverdrup Township. By roll call vote: 4 ayes.
SPEED ZONE ORDINANCE PUBLIC HEARING
Steve Groen, Highway Superintendent, was present for the second reading of an ordinance providing for the establishment of speed zones on the Minnehaha County Highway System. In April of 2021, a speed zone was adopted to enable enforcement of speed limits under 55 mph of County Highways. Since 2021, growth within Crooks has made it necessary to adjust speed zones. The proposed changes requested by the City of Crooks all occur along County Highway 137 (470th Ave). The proposed ordinance would replace the ordinance from April 2021. MOTION by Karsky, seconded by Beninga, to adopt Ordinance MC 65-23 for the Establishment of Speed Zones on the County Highway System. By roll call vote: 4 ayes.
ORDINANCE MC 65-23
AN ORDINANCE FOR THE ESTABLISHMENT OF SPEED ZONES ON THE COUNTY HIGHWAY SYSTEM
PURSUANT to SDCL § 32-25-9.1 and § 7-18A-2, the Board of County Commissioners has authority to set and enforce speed zones.
THEREFORE, BE IT ORDAINED BY THE MINNEHAHA COUNTY BOARD OF COMMISSIONERS: That all speed limits on the Minnehaha County Highway System set previously are hereby removed and superseded by this Ordinance.
Section 1.
The maximum speed limit on the Minnehaha County Highway System is established at 55 Miles Per Hour or as defined in the following table and illustrated in the supplemental Speed Zone Map:
Section 2.
The Minnehaha County Highway Superintendent is hereby directed to erect and post the appropriate signage in accordance with SDCL § 32-25-9.1.
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
1 103 487 Ave Between a point located approximately 575 feet south of County Highway 138 (262nd Street) thence south approximately 3,510 feet 30
2 104 Jasper St Between a point located approximately 1,040 feet east of Prairie Avenue thence west to the City Limits of Dell Rapids 25
3 105 486th Ave Between Dows Street thence north to the intersection with County Highway 120 (253rd Street) 40
4 105 486th Ave Between a point located approximately 460 feet south of the eastbound ramps of Interstate 90 thence north approximately 1,810 feet crossing over Interstate 90 to a point located approximately 770 feet north of the westbound ramps of Interstate 90 25
5 109 484th Ave Between a point located approximately 500 feet north of 265th Street thence south approximately 1,340 feet 40
6 110 248th St Between a point located approximately 1,890 feet west of Main Avenue in Colton east to western City Limits of Colton 25
7 111 483rd Ave Between South Dakota Highway 42 thence south to a point 300 feet south of 267th Street. 30
8 114 250th St Between a point located approximately 575 feet west of County Highway 103 (487th Avenue) thence extending west approximately 1,675 feet 40
9 114 250th St Between a point located approximately 470 feet west of 2nd Street in Baltic thence west approximately 1,470 feet 25
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
10 114 250th St From the eastern City Limits of Baltic to 500 feet east 40
11 119 Six Mile Road Between County Highway 142 (E Madison Street) thence north to County Highway 140 (Holly Boulevard) 45
12 119 Six Mile Road Between County Highway 142 (E Madison Street) thence south to City Limits of Sioux Falls 35
13 120 253rd St Between a point located approximately 2,210 feet east of Oak Drive thence west to the intersection with County Highway 105 (486th Avenue) 40
14 121 478th Ave Between the westbound ramps of Interstate 90 thence north approximately 3,245 feet 40
15 125 476th Ave Between 72nd Avenue thence north approximately 2,760 feet 35
16 130 258th St Between a point located approximately 1,320 east of SD Highway 115 thence west approximately 4,790 feet 35
17 130 258th St Between a point located approximately 3,470 feet west of SD Highway 115 thence west approximately 2,025 feet 25
18 130 258th St Between a point located approximately 300 west of Dawson Avenue thence 1.50 miles (7,930 feet) east 45
19 136 60th St North Between Veterans Parkway thence west to City Limits of Sioux Falls 45
20 136 Redwood Blvd Between a point 820 feet east of Veterans Parkway to Veterans Parkway. 45
21 137 470th Ave Between a point located approximately 300 feet north of County Highway 126 (256th Street) thence extending south approximately 2.425 feet 45
22 137 470th Ave Between a point located approximately 100 feet north of New Hope Road thence south to City Limits of Crooks 25
23 137 470th Ave Between a point located approximately 300 feet south of Highway 130 (258th Street) thence north to City Limits of Crooks 45
24 137 LaMesa Dr Between County Highway 140 (263rd Street) thence south to City Limits of Sioux Falls 40
25 138 Aspen Blvd Between County Highway 109 (484th Avenue) thence west to Split Rock Creek 45
26 139 Ellis Rd Between a point located approximately 390 feet south of W 41st Street thence south approximately 2,235 feet 45
27 139 Ellis Rd Between a point located approximately 355 feet south of County Highway 140 (263rd Street) thence south approximately 1,025 feet 45
28 139 Ellis Rd Between a point located approximately 1,380 feet south of County Highway 140 (263rd Street) thence south approximately 3,790 feet 25
29 139 Ellis Rd Between a point located just north of Madison Street (264th Street) thence extending south to the City Limits of Sioux Falls 45
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
30 140 Maple St Between a point located 675 feet east of County Highway 137 (LaMesa Drive) thence east to the City Limits of Sioux Falls 45
31 140 Rice St/ Holly Blvd Between the City Limits of Sioux Falls thence east to the City Limits of Brandon 45
32 142 Madison St Between a point located approximately 330 feet east of County Highway 119 (Six Mile Road) thence west to City Limits of Sioux Falls 50
33 142 Madison St Between South Dakota Highway 11 thence west to City Limits of Sioux Falls 50
34 143 467th Ave Between a point located 2,410 feet south of County Highway 118 (252nd Street) thence south approximately 2,175 feet 35
35 145 466th Ave Between 268th Street and South Dakota Highway 42 (265th Street). 65
36 146 266th St Between 462nd Avenue and County Highway 151 (463rd Avenue) 25
37 146 26th St Between Shafer Drive thence east approximately 850 feet to City Limits of Sioux Falls 35
38 146 26th St Between a point located approximately 1,140 feet west of Six Mile Road thence west to City Limits of Sioux Falls 35
39 149 464th Ave Between SD Highway 38 thence north to the northern City Limits of Hartford 35
40 151 463rd Ave Between SD Highway 38 thence south to Menth Street 40
41 151 463rd Ave Between a point located approximately 570 feet south of Jeffrey Street thence north to the City Limits of Hartford 45
42 151 463rd Ave Between a point located approximately 600 feet south of County Highway 146 (266th Street) thence extending north approximately 5,270 feet 45
43 N/A 251st St On a township road between a point located approximately 2,250 feet east of 483rd Avenue thence extending east approximately 550 feet 25
Pursuant to SDCL § 7-18A-2 and § 22-6-2(2), a violation of this Ordinance is a Class 2 Misdemeanor, punishable by a fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment.
Adopted this 1st day of August, 2023
APPROVED BY THE COMMISSION:
Jean Bender
Commission Chairman
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy County Auditor
BRIDGE IMPROVEMENT GRANT RESOLUTION
Steve Groen, Highway Superintendent, presented a resolution to the Commission to authorize the application for Bridge Improvement Grant Preliminary Engineering Funds and Cost Participate 20% for Three Bridges. The three preliminary engineering designs are estimated at $50,000 per structure. If awarded funding, the State would provide approximately $120,000 and the County would contribute approximately $30,000. The structures that would be considered in the grant application are as follows: Structure No. 50-137-040; Structure No. 50-144-020; Structure No. 50-242-060. MOTION by Beninga, seconded by Bleyenberg, to authorize the Highway Department to Submit Applications to the South Dakota Department of Transportation for Participation in the Bridge Improvement Grant Program (BIG) and to approve Resolution MC 23-20. By roll call vote: 4 ayes.
RESOLUTION MC 23-20
BRIDGE IMPROVEMENT GRANT PROGRAM
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS
Whereas, Minnehaha County wishes to submit applications for consideration of award for the Bridge Improvement Grant Program:
STRUCTURE NUMBER(S)
AND LOCATION(S):
Structure No. 50-137-040
Over Skunk Creek
Located 3.7 miles east of Colton on County Hwy 110 / 248th Street
Structure No. 50-144-020
Over Skunk Creek
Located 2.0 miles north and 4.2 miles east of Colton on County Hwy 104 / 246th Street
Structure No. 50-242-060
Over Slip-Up Creek
Located 4.2 miles east of Baltic, SD on County Highway 114 (250th Street) and WHEREAS, Minnehaha County certifies that the project(s) are listed in the county’s Five-Year County Highway and Bridge Improvement Plan;
and WHEREAS, Minnehaha County agrees to pay the 20% match on the Bridge Improvement Grant funds;
and WHEREAS, Minnehaha County Minnehaha County hereby authorizes the Bridge Improvement Grant application(s) and any required funding commitments.
NOW THEREFORE BE IT RESOLVED:
That the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant application(s).
Dated at Sioux Falls, SD, this 1st day of August, 2023.
Approved by the Minnehaha County Commission:
Jean Bender
Commission Chair
Attest:
Kym Christiansen
Deputy Auditor
AGREEMENTS
Tom Greco, Commission Administrative Officer, presented a proposed management agreement between Minnehaha County and the Sioux Empire Fair Association, Inc. The proposed agreement would cover a term of two years commencing on April 16, 2023. Some highlights in the contract include: the definition of surplus net receipts as all net receipts remaining after all necessary and reasonable expenses of the Fair and Fairgrounds have been paid or funds have been set aside for payment, requires notice of Board meetings with supporting materials to the Commission Office prior to each meeting as well as providing for monthly financials being provided to the Commission Office and a review of the each fair to be presented to the County Commission between the Fair's ending and November 15th of each year. MOTION by Beninga, seconded by Bleyenberg, to authorize the Chair to sign a contract between Minnehaha County and the Sioux Empire Fair Association, Inc. for the management of the fair and fairgrounds. By roll call vote: 4 ayes.
Scott Wick, CEO of the Sioux Empire Fair Association, briefed the Commission on the 2023 Sioux Empire Fair.
Tom Greco, Commission Administrative Officer, presented a lease agreement between Minnehaha County and the Sioux Empire Fair Association. The lease agreement is for the property located at 100 N Lyon Boulevard. The County contracts with the Fair Association for the management of the fair and facilities and this lease allows for the use of the property to fulfill its contractual management obligations. The term of the lease is for two years commencing on April 16, 2023, which will coincide with the Sioux Empire Fair Association Management Contract. Compliance with the terms and conditions of the Management Contract and the terms and conditions of this Lease Agreement constitute the full amount of rent due. MOTION by Beninga, seconded by Bleyenberg, to authorize the Chair to sign a lease agreement between Minnehaha County and the Sioux Empire Fair Association, Inc. By roll call vote: 4 ayes.
Tom Greco, Commission Administrative Officer, presented a joint participation agreement to provide for County contributions to the Triage Center. The current agreement between the same parties expires on July 31, 2023, and the proposed agreement would continue through December 31, 2026. By authorizing the Chair to sign the agreement, the County agrees to provide funding in the amount $400,000 per calendar year, beginning in 2024, through the end of the term in 2026, to the Sioux Empire Triage Center, or Link. The agreement includes language acknowledging the County's use of Opioid Settlement money towards its contributions and establishes reporting requirements for the Link to follow regarding the use of any settlement money. The Link provides a mid-level care alternative for non-violent persons with drug and alcohol abuse and mental health illness. MOTION by Karsky, seconded by Bleyenberg, to authorize the Chair to sign a Joint Participation Agreement to provide for County Contributions to the Link in the amount of $400,000 per calendar year, through December 31, 2026. By roll call vote: 4 ayes.
JDC FOOD SERVICE BID RESULTS
Jamie Gravett, Juvenile Detention Center Director, presented the bid results for the Juvenile Detention Center School Lunch Program. A bid process was completed which met the requirements outlined by the National School Lunch Program. After a review of the submitted bids, Summit Food Services was selected to continue providing meal services to the Juvenile Detention Center. The contract outlines that each meal served will cost $3.468 and snacks to $1.284. This is an increase of 8.5% and the costs have been planned for in the Juvenile Detention Center's budget. MOTION by Beninga, seconded by Karsky, to authorize the Chair to sign an Agreement with Summit Food Service, LLC, to provide Juvenile Detention Center Food Service under the Federal Student Lunch Program. By roll call vote: 4 ayes.
PLANNING & ZONING NOTICES
Scott Anderson, Planning Director, gave the first reading and requested authorization for the Auditor to publish a Notice of Hearing to consider revision to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls related to a rezone of approximately 8 acres from A 1 Agricultural to C Commercial, property legally described as Lot 1 & Lot 2 Sundermann Addition S 1/2 SE 1/4 Section 26-T102N-R50W Benton Township. MOTION by Beninga, seconded by Karsky, to authorize the Auditor to publish a Notice of Hearing on an amendment to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls to be held on August 22, 2023, at or after 5:00 p.m. at a joint meeting of the Minnehaha County Commission and Sioux Falls City Council. 4 ayes.
Scott Anderson, Planning Director, gave the first reading and requested authorization for the Auditor to publish a Notice of Hearing to consider revision to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls related to Vacation Home Rental/Short Term Rental as a permitted special use in seven (7) zoning districts in the Joint City/County Zoning Ordinance and add a definition for Vacation Home Rental/Short Term Rental to the Zoning Ordinance. MOTION by Dean Karsky, seconded by Jen Bleyenberg, to Authorize the Auditor to Publish a Notice of Hearing on an amendment to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls to be held on August 22, 2023, at or after 5:00 p.m. at a joint meeting of the Minnehaha County Commission and Sioux Falls City Council. 4 ayes.
RULES OF PROCEDURE
Tyler Klatt, Assistant Commission Administrative Officer, presented the draft Minnehaha County Board of Commissioners Rules of Procedures for adoption. The Commission adopted the Rules of Procedures (Rules) in September 2022. Under Section 7.1 of the Rules of Procedures requires the Commission to review the rules every July. During the July 25, 2023, Commission Meeting, the proposed revisions were presented for discussion and one additional revision was included which will add an opportunity for public comment prior to the Commission voting on the consent agenda. MOTION by Bleyenberg, seconded by Karsky, to adopt amendments to the Minnehaha County Commission Rules of Procedure. 4 ayes.
LIEN COMPROMISE
Melinda Storley, Commission Assistant, gave a briefing on the application of compromise of lien DPNO-33797 in the amount of $9,957.96. The petitioner and his wife are in the process of purchasing a home and are expected to close on August 4th. The petitioner was informed by the Title company that two liens would need to be satisfied prior to the closing date. The petitioner's wife has already paid off a lien in the amount of $877.50 and the petitioners is requesting the acceptance of an offer of $5,000 to compromise and release his lien in full. The lien represents poor relief and legal counsel. MOTION by Karsky, seconded by Beninga, to compromise and release the lien in full with payment of $5,000.00 and approve Resolution MC23-21. By roll call vote 4 ayes.
RESOLUTION MC23-22
WHEREAS, a County Aid Lien in the amount of $ 9,957.96, purports to exist in favor of Minnehaha County and against DPNO-33797 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,
NOW, THEREFORE, BE IT RESOLVED that, after due consideration of the circumstances, the Board of County Commissioners finds it advisable and proper to authorize the Chair of the County Board and the County Auditor to execute the following:
Compromise and release the Lien in full with payment of $5,000.00
This Resolution will take effect upon attached proof of payment for the accepted offer amount. RECEIPT #_________________. If payment is not made within one year of approval, Resolution MC23-22 will be invalid.
Dated at Sioux Falls, South Dakota, this 1st day of August, 2023.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Kym Christiansen
Deputy Auditor
COMMISSIONER LIAISON REPORTS
Commissioner Bleyenberg spoke about a recent visit to the Pettigrew Home & Museum.
Commissioner Bender spoke about the Sioux Falls Airshow which was recently held and the upcoming community engagement event.
MOTION by Karsky, seconded by Beninga, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3), and (4) at 10:05 a.m. 4 ayes.
Chair Bender declared the executive session concluded at 10:53 a.m.
MOTION by Beninga, seconded by Bleyenberg, to adjourn at 10:54 a.m. 4 ayes.
The Commission adjourned until 9:00 p.m. on Tuesday, August 15th, 2023.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $394.26 and can be viewed for free at www.sdpublicnotices.com.
8-10-23-1tc
NOTICE OF HEARING
Notice is hereby given that on August 22, 2023 at or after 5:00 p.m. the Minnehaha County Board of County Commissioners will conduct a joint public hearing with the City of Sioux Falls to consider the following amendments to MC30-02, the Revised Joint Zoning Ordinance for Minnehaha County and City of Sioux Falls. Such hearing will be part of the regularly scheduled meeting to be held in Carnegie Town Hall, 235 W. 10th Street, Sioux Falls, SD.
ZONING TEXT AMENDMENTS related to the following:
1) Amending Section 3.03 adding Vacation Home Rental/Short Term Rental.
2) Amending Section 4.03 adding Vacation Home Rental/Short Term Rental.
3) Amending Section 5.03 adding Vacation Home Rental/Short Term Rental.
4) Amending Section 6.03 adding Vacation Home Rental/Short Term Rental.
5) Amending Section 7.03 adding Vacation Home Rental/Short Term Rental.
6) Amending Section 8.03 adding Vacation Home Rental/Short Term Rental.
7) Amending Section 13.03 adding Vacation Home Rental/Short Term Rental.
8) Adding a definition (733A) Vacation Home Rental/Short Term Rental to Article 24.02.
All interested persons may appear and be heard.
Meeting Assistance: Accommodations for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: August 1, 2023
Published at the total approximate cost of $19.88 and can be viewed for free at www.sdpublicnotices.com.
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NOTICE OF PUBLIC HEARING 2024 BUDGET APPROPRIATIONS
Notice is hereby given that the Garretson City Council will hold a public hearing regarding the City of Garretson’s 2024 budget. The hearing will be held in a regular meeting.
At 6:30 P.M. on the 14th day of August, 2023 at the Garretson American Legion
American Legion
504 N. Main Ave.
Garretson, SD 57030
Paetyn Dreckman
City of Garretson Finance Officer
Published at the total approximate cost of $7.46 and can be viewed for free at www.sdpublicnotices.com.
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FACT OF ADOPTION
An ordinance amending MC30-02 the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.
The Minnehaha County Board of Commissioners adopted Ordinance MC30-46-23 on July 25, 2023. Ordinance MC30-02, the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls was amended to add Public utility facility as a conditional use in the RC Recreation/Conservation District.
The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.
Leah Anderson, County Auditor
Published twice at the total approximate cost of $17.25 and can be viewed for free at www.sdpublicnotices.com.
8-3-23-2tc
NOTICE OF HEARING
Notice is hereby given that at a meeting of the Joint Sioux Falls City Council/Minnehaha County Commission to be held at 5:00 p.m. on August 22, 2023 in the Carnegie Town Hall located at 235 W. 10th Street, Sioux Falls, SD., there will be a public hearing to consider the following amendments to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.
REZONE from the A-1 Agricultural District to the C Commercial District, property legally described as Lot 1 & Lot 2 Sundermann Addition S½ SE¼ Section 26 T102N-R50W, Minnehaha County, SD.
All interested persons may appear and be heard.
Meeting Assistance: Accommodations for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: August 1, 2023
Published at the total approximate cost of $12.78 and can be viewed for free at www.sdpublicnotices.com.
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Summons for Jeremiah Ferguson
DIV:220492
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT
Sierra Ferguson, Plaintiff
Jeremiah Ferguson, Defendant
DIV:220492
SUMMONS
(WITHOUT MINOR CHILDREN)
TO THE ABOVE-NAMED
DEFENDANT:
YOU ARE HEREBY SUMMONED and required to answer the Complaint (Without Minor Children) of the Plaintiff, a copy of which is herewith served upon you, and to serve the Plaintiff with a copy of your Answer or other proper response within thirty (30) days from the date of the service of the Summons upon you, exclusive of the day of service.
IF YOU FAIL TO DO SO, judgment by default may be taken against you for the relief demanded in the Complaint sixty (60) days from the date of the service of this Summons and Complaint (Without Minor Children), not counting the day of service.
NOTICE
South Dakota law provides that upon the filing and service of the Summons and Complaint (Without Minor Children) on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final decree is entered, the Complaint (Without Minor Children) is dismissed or until further order of the court. Either party may apply to the Court for further temporary orders or modification or revocation of this Order.
TEMPORARY RESTRAINING ORDER
PER SDCL 25-4-33.1, BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE:
(1) Restrained from transferring, encumbering, concealing or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the Temporary Restraining Order is in effect;
(2) Restrained from molesting or disturbing the peace of the other party;
(3) Restrained from making any changes to any insurance coverage for the parties or any child of the parties without the written consent of the other party or an order of the court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.
IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE FOUND TO BE IN CONTEMPT OF COURT AND MAY BE ORDERED TO PAY COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO THE ATTORNEY FEES OF THE OTHER SPOUSE.
Dated the 16th of October, 2022.
Sierra Ferguson
27435 472nd Avenue
Harrisburg, SD 57032
605-595-7567
The instructions & forms for self-represented litigants can be found at Clerk of Court's office or at http://www.ujs.sd.gov
The Complaint in this matter was filed on October 19, 2022 in Minnehaha County, South Dakota.
Published for four consecutive weeks at the total approximate cost of $124.32 and can be viewed for free at www.sdpublicnotices.com.
8-3-23-4tc
NOTICE OF HEARING FOR APPLICATION TO TRANSFER RETAIL (ON-OFF SALE) MALT BEVERAGE & SD FARM WINE LICENSE
Notice is hereby given that a hearing will be held before the Minnehaha County Commission at the Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, SD, at or after 9:00 a.m. on Tuesday, August 22, 2023, to consider an application to transfer a Retail (On- Off Sale) Malt Beverage & SD Farm Wine License for the remainder of the 2023-24 licensing period as set forth below:
FROM: CC& F Retail, Inc dba Friendly’s Fuel Stop
TO: Holiday Stationstores, LLC dba Circle K #2746530
LEGAL DESCRIPTION: Tract 1 of Oyen’s Addition West Half of the Northeast Quarter of Section 1-Township 103 North -Range 50 West ID #017828
At which time and place anyone interested may appear to file objections to the granting of the same.
Dated at Sioux Falls, South Dakota, this 1st day of August, 2023.
Leah Anderson, County Auditor
Published at the total approximate cost of $12.07 and can be viewed for free at www.sdpublicnotices.com.
8-10-23-1tc
NOTICE OF HEARING FOR APPLICATION TO TRANSFER RETAIL (ON-OFF SALE) WINE & CIDER
LICENSE
Notice is hereby given that a hearing will be held before the Minnehaha County Commission at the Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, SD, at or after 9:00 a.m. on Tuesday, August 22, 2023, to consider an application to transfer a Retail On-Sale Liquor License for the remainder of the 2023 licensing period as set forth below:
FROM: CC & F Retail, Inc dba Friendly’s Fuel Stop
TO: Holiday Stationstores, LLC dba Circle K #2746530
LEGAL DESCRIPTION: Tract 1 of Oyen’s Addition West Half of the Northeast Quarter of Section 1-Township 103 North -Range 50 West ID #017828
At which time and place anyone interested may appear to file objections to the granting of the same.
Dated at Sioux Falls, South Dakota, this 1st day of August, 2023.
Leah Anderson, County Auditor
Published at the total approximate cost of $12.07 and can be viewed for free at www.sdpublicnotices.com.
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Minutes of the Garretson City Council for July 31, 2023
City of Garretson
July 31, 2023
The City Council of the City of Garretson, Minnehaha County, South Dakota met in special session on Monday, July 31, 2023, at 6:30 p.m. at Garretson City Hall with Mayor Beaner presiding.
630 P.M. Mayor Beaner called the regular meeting to order with the Pledge of Allegiance.
ROLL CALL: Greg Beaner – Mayor
Greg Franka – Ward I
William Hoskins – Ward I
Dave Bonte – Ward II
Tom Godbey – Ward II
Jackie Rotert – Ward III
Bruce Brown -- Ward III
OTHERS IN ATTENDANCE: Paetyn Dreckman, Ryan Nussbaum, Jordan Doane, JR Hofer, Carrie Mortiz, Mark Johnson, Jeff Lowe, Kirby Lowe, Ken Leedy
CONSENT AGENDA APPROVAL:
A. Agenda –07-31-2023 Special Meeting
Council member Brown motioned to amend the July 31st special meeting agenda to include Ordinance 690. Franka seconded the motion. 6 Ayes 0 Nays, motion passed.
Council member Bonte motioned to approve the July 31st special meeting agenda. Hoskins seconded the motion. 6 Ayes 0 Nays, motion passed.
PUBLIC COMMENTS: none
NEW BUSINESS:
• Resolution 2023-14 – LLJ Setback Variance – Beaner presented to council. Elimination of setbacks down the center of the property to allow for duplex to be built. Council discussion ensued and councilmember Bonte motioned to approve resolution as read. Brown seconded to motion followed by 6 Ayes and 0 Nays. Motion passed.
RESOLUTION #2023-14
A RESOLUTION
AUTHORIZING A VARIANCE
WHEREAS Chapter 4.10 of the Municipal Zoning Regulations of the City of Garretson authorizes a variance for property in the Residential District; and
WHEREAS LLJ Properties LLC owns the property described as Lots 14,15 & Lot 16 Block 1 Royces 3RD Addn to City Of Garretson, South Dakota, parcel #23190 (604 Essex St) and has applied for a variance on said property. The variance will allow for the elimination of side setbacks on the east side of 604 Essex and west side of adjoining future lot 606 Essex.
NOW THEREFORE, be it resolved by the City Council of the City of Garretson, that a variance is hereby granted for the above-described property under the following conditions:
1. The property described as Lots 14,15 & Lot 16 Block 1 Royces 3RD Addn to City Of Garretson, South Dakota, parcel #23190 (604 Essex St) and has applied for a variance on said property. The variance will allow for the elimination of side setbacks on the east side of 604 Essex and west side of adjoining future lot 606 Essex.
2. Any other ordinances or sections of the Municipal Code of the City of Garretson that may apply, will be complied with
3. This variance will apply to any subsequent owner as it relates to said construction permitted by this resolution.
Adopted this 31st day of July, 2023.
Greg Beaner
Mayor, City of Garretson
(SEAL)
ATTEST:
Paetyn Dreckman
Municipal Finance Officer
Publication:
Effective Date:
Published at the total approximate cost of $20.94 and can be viewed for free at www.sdpublicnotices.com.
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• Ordinance 690 Rezoning - Second reading - Ordinance to rezone parcel 23190 from Single Family Residential to Multi-family Residential. Council discussion ensued and Brown motioned to approve the ordinance as read. Bonte seconded to motion followed by 6 Ayes 0 Nays. Motion passed.
ORDINANCE NO. 690
AN ORDINANCE OF THE CITY OF GARRETSON, SOUTH DAKOTA, PROVIDING THAT CERTAIN REAL PROPERTY WITHIN THE CITY OF GARRETSON, SOUTH DAKOTA, BE REZONED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARRETSON, SOUTH DAKOTA:
All that part of parcel 23190 (LOTS 14, 15, & 16 Block 1 ROYCES 3RD ADDN TO CITY OF GARRETSON) to the City of Garretson, Minnehaha County, South Dakota to be re-zoned from Single-family Residential to Multi-family Residential.
First Reading – 7-10-2023
Second Reading – 7-31-2023
Publication Date --
Effective Date –
Greg Beaner
Mayor
ATTEST:
Paetyn Dreckman
Municipal Finance Officer
(MUNICIPAL SEAL)
Published at the total approximate cost of $12.07 and can be viewed for free at www.sdpublicnotices.com.
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Beaner moved to 629-633 Main Avenue Building – Council Update
City Building Inspector JR Hofer addressed the public in attendance and city council to provide an update on the building located at 629-633 Main Avenue in Garretson.
629/633 N. Main Garretson
Summary/Council update
On June 22nd, 2023, I was doing follow-up on the location regarding a stop work order that had been previously issued for unpermitted construction. While at the building I noticed that the south side of the structure was showing signs of movement that I had not previously noticed. There was cracking in the facia that appeared to be recent. I took photos of the building and contacted Rise Structural Associates to discuss the situation and set up a structural inspection. I sent photos of the areas of concern per their request. I was told that it could be 5 to 10 days out on an onsite inspection.
Around 9:15 am on Sunday June 25th, 2023, I was contacted by members of the Garretson Fire Department requesting me to the address for a “partial collapse” Upon my arrival I was informed that there was a Minnehaha Deputy enroute. When Deputy Aanenson arrived on scene, he and I spoke with Keith Haffer owner of the neighboring property (621 main) briefly. Mr. Haffer asked Deputy Aanenson about filling out a report. Deputy Anenson informed Haffer that this was a civil matter and would need to be addressed by his insurance company and the insurer of the building next door (629).
While speaking with Mr. Haffer he showed us the damage in his building. There was a fluorescent light that had been knocked loose from the ceiling and some ceiling tile damage. I did not have any reason to further investigate damage at this location, as it was clear there was no structural integrity issue. Mr. Haffer asked me if they needed to stay out of their building, I informed him that they were free to enter their building as they needed.
I then completed an exterior visual inspection of the 629/633 property and noted that a large section of the façade on the south wall had given way. The debris had fallen between 629 and 621 N. Main, with some of the debris falling onto the roof of 621 N. Main. Due to the amount of façade that had fallen and the condition of the materials that were remaining, I made the determination that the building in it current state was unsafe for occupation.
At that time the Deputy and I entered the building so I could inform the tenants that I was ordering an evacuation of the property. While upstairs of 629 I was able to inspect the apartment on the South side of the building nearest the collapse area. This area had signs of water intrusion from the damaged wall as well as considerable water damage from the roof area.
Mr. Brian Persing was the contractual purchaser of the property per utility records on file with the City So I made contact with him. The two of us were able to contact the tenants to inform them of the situation and informed them to vacate. A temporary barricade was set up around the building and it was made secure from entry. The building was posted with the proper signage and ordinance statement.
Monday June 26th, I reached out to Rise Structural Associates in Sioux Falls again. I spoke to Justin Christenson about the events that had transpired over the weekend. He agreed to see what he could do to expedite my request for a structural inspection.
The City Attorney was also contacted and filled in on the specifics of the situation. I was advised as to the requirements to comply with public safety. These steps had been or were in the process of being addressed at that time.
Mr. Ken Leedy was also contacted about the situation as he is listed as the legal deed holder on the property.
Wednesday June 28th, 2023, Mayor Beaner and I met with Brian Persing at the building location to perform an inspection of areas of the structure that were previously not accessible. This included the lower and main levels of 629 and 633. The inspection raised more concern regarding the structural integrity of the building. Photos were taken and forwarded to Rise Structural. Rise Structural reached out to schedule inspection for the following day.
Thursday June 29th, 2023, Chris Hamilton, a Registered Professional Engineer with Rise Structural associates met me onsite for an inspection. Mr. Hamilton and I went through the building where he took notes and photos for his report. Following the inspection, he informed me that it would take a few days to get the report compiled and it would be sent out.
July 7th, 2023, I received a 15-page structural report from Rise. After reviewing the report, I found no information that would compel me to allow occupancy in the structure.
July 14th,2023, a meeting was held with Mr. Leedy and the Mayor to go over the report. There was a delay in getting this meeting scheduled due to conflicts in people’s availability, it was important that all involved be able to attend. Mr. Persing was notified of this meeting but did not attend. The report was gone over with Mr. Leedy, and I informed him that the building occupancy could not be re-instated until the listed issues were corrected. Mr. Leedy acknowledged the issues and was understanding of the situation. It was decided that due to the condition of the structure and the exorbitant price to remedy the issues, the building would be razed.
Current status is as follows, due to the location of the building, our attorney has provided us with an agreement to be signed by Mr. Leedy that will expedite the process of abatement. The City will have the building removed and costs will be accessed back to the property. We are currently waiting for cost estimates on the removal of this building. An electrical disconnect request has been submitted, water is off to the building, gas is turned off and meters are going to be removed with line being capped at alley.
Other notes to mention, throughout this process I have received several phone calls from the Haffers, I have kept them up to speed on the process while reminding them that their property issues are between the property owners. I never told them that they could not enter their building, or that they could not get their roof fixed. I mention these specifically because they had their insurance adjuster call me to discuss those topics. The city has followed all requirements to protect the public from danger during this on-going situation.
Executive Session: Pursuant of SDCL 125-2 (1), (2), (3), (4), (5)
Council discussion ensued and at 6:50PM councilmen Hoskins motioned to move into executive session for contract discussions. Brown seconded to motion and the council entered executive session and members of the public left the council chambers.
7:03 PM Hoskins declared out of executive session and members of the public reentered council chambers.
Council returned to the first reading of Ordinance 691-2024 Appropriations – Dreckman presented the 2024 budget to members of the council. Discussion ensued and no action was taken as first reading only.
7:47PM Rotert motioned to adjourn meeting. Hoskins seconded the motion. 6 Ayes 0 Nays. Motion passed.
Meeting Adjourned.
Greg Beaner, Mayor
ATTEST
Paetyn Dreckman
Finance Officer
(Unapproved)
Published at the total approximate cost of $95.53 and can be viewed for free at www.sdpublicnotices.com.
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Minutes of the Garretson School Board for June 12, 2023
SCHOOL BOARD MINUTES
Regular Meeting Garretson School District #49-4 5:45 p.m. June 12, 2023
Present: Board President Shannon Nordstrom, Board Vice President Kari Flanagan, Board Member Tana Clark, Board Member Jodi Gloe, Board Member Andy Hulscher, Superintendent Guy Johnson, & Business Manager Jacob Schweitzer. Others present: Stacey Anderson, Wyatt Compton, Jacki Liester, & Garrick Moritz.
At 5:47 p.m., the Board convened in the Library for its regular meeting of the Garretson School Board. All votes are unanimous, unless specifically noted in the minutes.
President Nordstrom led the Pledge of Allegiance and welcomed guests and visitors.
President Nordstrom called for any additions or corrections to the Board agenda. There were two additions and one removal requested. Superintendent Johnson asked that the contract for Mike Satter be added to the consent agenda, and that the annual insurance renewal be added to New Business (letter i). He also requested that renaming the Jesse James track meet be removed from New Business.
Action 23-113: Motion by Flanagan, second by Hulscher, to approve the agenda as presented with the proposed changes. Motion carried.
Action 23-114: Motion by Hulscher, second by Flanagan, to approve the following consent agenda items as presented. Approval of May 8, 2023 regular board meeting minutes, approval of May 31, 2023 special board meeting minutes, approval of payments for May 2023 claims, approval of the financial statements for May 2023, approval of the resignation of Anna Nelson, approval of the driver’s education contract for Mike Satter ($5,640), and approval of the following surplus property: Saxon Elementary Math Curriculum materials and Journeys Elementary Reading Curriculum materials. Motion carried.
GARRETSON SCHOOL DISTRICT #49-4
CLAIMS PAID JUNE 12, 2023
GENERAL FUND
A-OX WELDING SUPPLY CO., INC., AG. CYLINDER RENTALS, $59.95; ABC RENTALS, STAGE FOR GRADUATION, $1,154.30; ALL AROUND WELDING, MAINTENANCE/REPAIRS, $537.50; ALLIANCE COMMUNICATIONS, JUNE 2023 INTERNET & PHONE SERVICES, $762.00; ASSOCIATED SCHOOL BOARDS OF SOUTH DAKOTA, 2023-2024 DUES, $1,193.95; BJM ENTERPRISE., INC., BUS MAINTENANCE, $1,027.10; BRANDAN ACE HARDWARE, MAINTENANCE/STORAGE SPACE SUPPLIES, $289.59; CARROLL INSTITUTE, JUNE 2023 CONTRACT, $768.00; CITY OF GARRETSON, GAS/SEWER/WATER, $1,173.12; CLIMATE SYSTEMS, INC., FIX BOILER ISSUES AFTER POWER OUTAGE, $1,599.00; DON’S AUTO & TIRE CO., HEADLIGHT BULB FOR IMPALA, $17.46; ELK POINT-JEFFERSON SCHOOL DISTRICT #61-7, REGION 2B WRESTLING TOURNAMENT EXPENSES, $266.15; GARRETSON FOOD CENTER, CLASS SUPPLIES/LAUNDRY DETERGENT, $145.48; GARRETSON GAZETTE, MARCH-MAY 2023 BOARD MINUTES PUBLICATION, $410.95; GARRETSON SCHOOL DISTRICT CUSTODIAL ACCOUNT, MAY 2023 IMPREST ACCOUNT REIMBURSEMENT, $4,369.51; HEALTHEQUITY, MAY 2023 HEALTH SAVINGS ACCOUNT CONTRIBUTIONS/FEES, $94.00; HEIMAN FIRE EQUIPMENT, FIRE EXTINGUISHERS- ANNUAL INSPECTION, $241.00; HILLYARD, CLEANING/MAINTENANCE SUPPLIES, $6,638.25; HORACE MANN, APRIL 2023 ADMIN. FEES/MAY 2023 PAYROLL ACH’S/FEES, $531.13; INNOVATIVE OFFICE SOLUTIONS, LLC, PAPER, $136.44; INTELLIPRO SECURITY, LLC, STORAGE SYSTEM DRIVE, $264.95; J.W. PEPPER & SON, INC., CHOIR MUSIC DOWNLOAD, $14.95; JOHNSON, GUY, MILEAGE- REIMBURSEMENT, $313.36; LASTING IMPRESSIONS UNLIMITED, INC., RETIREMENT PLATE/SCHOOL BOARD PLAQUE/SPORTS AWARDS, $256.00; LYNN, JACKSON, SHULTZ, AND LEBRUN, P.C., LEGAL SERVICES, $1,185.50; MENARDS, MAINTENANCE SUPPLIES, $717.56; PALISADES OIL, DIESEL FUEL/ETHANOL GAS, $4,408.65; PALISADES PROPANE, PROPANE, $2,537.44; POPPLERS MUSIC, INC., BAND MATERIALS/SUPPLIES, $113.70; SANFORD HEALTH OCCUPATIONAL MEDICINE, DEPARTMENT OF TRANSPORTATION EXAM, $54.00; SCHOOL ADMINISTRATORS OF SOUTH DAKOTA, ADMINISTRATION MEMBERSHIPS, $2,231.00; STAN HOUSTON EQUIPMENT COMPANY, INC., MAINTENANCE SUPPLIES, $146.95; TAYLOR MUSIC, BAND EQUIPMENT, $270.00; TRI-VALLEY SCHOOL DISTRICT #49-6, REGION 3A TRACK MEET EXPENSES, $192.62; WAGEWORKS, MAY 2023 ACH FEES, $1,733.31; WASTE MANAGEMENT, JUNE 2023 GARBAGE & RECYCLING SERVICES, $649.76; XCEL ENERGY, MARCH-APRIL 2023 ELECTRICITY, $5,507.84;
TOTAL GENERAL FUND, $42,012.47
CAPITAL OUTLAY FUND
ACCESS SYSTEMS, JUNE 2023 CONTRACTED SERVICES/PRINTERS, $1,430.32; APPTEGY, INC., CONTRACT INVOICE- THRILLSHARE/ROOMS, $10,200.00; DAKOTA PLAYGROUND, PLAYGROUND EQUIPMENT, $13,083.00; FIRST BANK & TRUST, CAPITAL OUTLAY CERTIFICATE- SERIES 2020, $340,375.00; HOUGHTON MIFFFLIN HARCOURT, K-2 CURRICULUM, $21,920.40; INFRASTRUCTURE DESIGN GROUP, PROFESSIONAL SERVICES THROUGH 4/22/2023, $47,767.37; PITNEY BOWES, LEASE AGREEMENT, $218.82;
TOTAL CAPITAL OUTLAY FUND, $434,994.91
SPECIAL EDUCATION FUND
GARRETSON FOOD CENTER, HIGH SCHOOL LIFE SKILLS SUPPLIES, $20.80; GARRETSON SCHOOL DISTRICT CUSTODIAL ACCOUNT, MAY 2023 IMPREST ACCOUNT REIMBURSEMENT, $831.78; GOODCARE, LLC, APRIL & MAY 2023 OCCUPATIONAL/PHYSICAL THERAPY, $9,457.02; INTERPRECORPS, APRIL 2023 INTERPRETER, $3,824.80; MITCHELL SCHOOL DISTRICT #17-2, APRIL & MAY 2023 TUITION, $1,845.00; PRAIRIE LAKES EDUCATIONAL COOPERATIVE, MAY 2023 SERVICES, $2,623.91; SCHOOL ADMINISTRATORS OF SOUTH DAKOTA, ADMINISTRATION MEMBERSHIP, $394.00; TEACHWELL SOLUTIONS, MARCH-MAY 2023 SERVICES, $31,303.00
TOTAL SPECIAL EDUCATION FUND, $50,300.31
CAPITAL PROJECTS FUND
MAMMOTH SPORTS CONSTRUCTION, COMPLEX PROJECT- APPLICATION #2, $654,955.13;
TOTAL CAPITAL PROJECTS FUND, $654,955.13
FOOD SERVICE FUND
ABRAHAM, HEATHER, LUNCH REIMBURSEMENT, $16.80; BOHL, JASON, LUNCH REIMBURSEMENT, $4.60; DAMMAN, GARY, LUNCH REIMBURSEMENT, $8.55; FLAHAVEN, STACY, LUNCH REIMBURSEMENT, $45.30; LUNCHTIME SOLUTIONS, INC., MAY 2023 FOOD SERVICES/SMALLWARES, $31,266.88; PEDERSON, DREW, LUNCH REIMBURSEMENT, $9.20; ROSS, NORA, LUNCH REIMBURSEMENT, $47.05; UHL, ANNA OR MIKE, LUNCH REIMBURSEMENT, $72.31;
TOTAL FOOD SERVICE FUND, $31,470.69
DRIVER’S EDUCATION FUND
BERG, JACOB, DRIVER’S EDUCATION CLASS- REIMBURSEMENT, $250.00;
TOTAL DRIVER’S EDUCATION FUND, $250.00
TOTAL CLAIMS: $1,213,983.51
IMPREST CHECKS
MAY 2023
GENERAL FUND IMPREST CHECKS
BOHL, JASON, HOWARD WOOD DAKOTA RELAYS- ENTRY FEE REIMBURSEMENT, $275.00; BUCHHOLZ, KELSEY, GOLF SUPPLIES/JOURNALISM SUPPLIES- REIMBURSEMENT, $402.77; CASH, 4TH GRADE FIELD TRIP- 5/10/2023, $39.75; CASH, STATE GOLF- MEAL MONEY, $580.00; CASH, STATE TRACK & FIELD- MEAL MONEY, $332.00; DELL RAPIDS SCHOOL DISTRICT #49-3, GOLF/TRACK MEET ENTRY FEES- MAY 2023, $358.00; EMC INSURANCE COMPANY, INLAND MARINE INSURANCE, $25.00; FIRST BANK & TRUST CREDIT CARD, AMAZON- LARGE DESK CALENDAR, $34.98; FIRST BANK & TRUST CREDIT CARD, AMAZON- SUPPLIES, $8.99; FIRST BANK & TRUST CREDIT CARD, AMAZON- WELLNESS GRANT SUPPLIES, $352.96; FIRST BANK & TRUST CREDIT CARD, AWARD EMBLEM- BAND & CHOIR BANQUET SUPPLIES, $212.85; FIRST BANK & TRUST CREDIT CARD, BURGER KING- TIE CONFERENCE- MEAL, $13.75; FIRST BANK & TRUST CREDIT CARD, CC EXXON- TIE CONFERENCE- FUEL, $59.77; FIRST BANK & TRUST CREDIT CARD, FIRST BANK & TRUST- INTEREST, $40.09; FIRST BANK & TRUST CREDIT CARD, LOVE’S (SUBWAY), BUSINESS MANAGER CONFERENCE- MEAL, $11.60; FIRST BANK & TRUST CREDIT CARD, MATH LEARNING CENTER- ELEMENTARY SUPPLIES, $75.00; FIRST BANK & TRUST CREDIT CARD, RAMKOTA HOTEL- BUSINESS MANAGER CONFERENCE- MEAL, $38.50; FIRST BANK & TRUST CREDIT CARD, SHELL OIL- ATHLETIC DIRECTOR CONFERENCE- FUEL, $49.00; FIRST BANK & TRUST CREDIT CARD, WORDPRESS- SUBSCRIPTION, $319.50; HANSON SCHOOL DISTRICT #30-1, TRACK MEET ENTRY FEE- 5/15/2023, $200.00; LOST & FOUND, MENTAL HEALTH TRAINING- 5/10/2023, $500.00; MCCOOK CENTRAL SCHOOL DISTRICT #43-7, GOLF INVITE ENTRY FEE- 5/10/2023, $50.00; NORTHERN LINKS GOLF COURSE, GOLF MEET ENTRY FEE- 5/9/2023, $50.00; SDSNA TREASURER, 2023 ANNUAL CONFERENCE REGISTRATION, $300.00; SIOUX VALLEY SCHOOL DISTRICT #05-5, GOLF INVITE ENTRY FEE- 5/15/2023, $40.00;
TOTAL GENERAL FUND IMPREST CHECKS, $4,369.51;
SPECIAL EDUCATION FUND
IMPREST CHECKS
FIRST BANK & TRUST CREDIT CARD, LODGE AT DEADWOOD- CONFERENCE HOTEL, $231.78; SOUTH DAKOTA SERVICES FOR THE DEAF, MWCDE REGISTRATION, $600.00; TOTAL SPECIAL EDUCATION FUND IMPREST CHECKS, $831.78;
TOTAL IMPREST CHECKS: $5,201.29
Financial Report
The Business Manager presented a financial report of cash balances, expenditures, and receipts for the month of May 2023 as listed below:
Cash Balances as of May 31, 2023: General Fund: $604,974.25; Capital Outlay Fund: $4,701,332.79; Special Education Fund: $141,492.07; Food Service Fund: $257,660.32; Driver’s Education Fund: $16,089.91; Preschool Fund: ($28,740.96); Custodial Fund: $76,197.62.
Expenditures: General Fund: ACH Fees, $112.40; Claims, $49,571.03; Payroll, $369,398.67; Capital Outlay Fund: Claims, $270,960.75; Special Education Fund: Claims, $16,714.11; Payroll, $60,501.06; Food Service Fund: Claims, $94,514.07; Preschool Fund: Claims, $470.00; Payroll, $9,088.22; Custodial Fund: ACH Fees, $2,246.04; Claims, $63,098.83.
Receipts: General Fund: Local Sources, $385,733.58; Intermediate Sources, $1,116.88; State Sources, $161,265.75; Capital Outlay Fund: Local Sources, $1,518,314.36; Special Education Fund: Local Sources, $199,072.98; State Sources, $3,407.00; Food Service Fund: Local Sources, $17,100.23; Driver’s Education Fund: Local Sources, $8,110.00; Preschool Fund: Local Sources, $237.50; Custodial Fund: Local Sources, $36,687.81.
Old Business:
a. Preliminary Budget
New Business:
There were no conflicts of interest.
Action 23-115: Motion by Clark, second by Gloe, to approve the Special Education Comprehensive Plan. Motion carried.
Action 23-116: Motion by Flanagan, second by Clark, to approve the Federal Assurances. Motion carried.
Action 23-117: Motion by Gloe, second by Hulscher, to approve the district’s COVID plan with no changes. Motion carried.
Action 23-118: Motion by Clark, second by Flanagan, to approve a calendar change to the preschool program to deliver preschool services on Monday, Tuesday, Thursday, and Friday, with Wednesday reserved for Head Start requirements. Motion carried.
There were no information items presented.
The First Reading of the following was presented to the Board as a part of the policy adoption process: Policy GDAK-R: Job Description - American Sign Language Interpreter/Tutor - REMOVE. This policy was removed from the policy adoption process.
The Second Readings of MS/HS Handbook, Elementary Handbook, iPad Handbook, Unpaid Meal Policy, and Policy IIBG-RAAAA: Webpage Development (recommended deletion) were presented to the Board.
Action 23-119: Motion by Flanagan, second by Gloe, to adopt MS/HS Handbook, Elementary Handbook, iPad Handbook, Unpaid Meal Policy and to delete Policy IIBG-RAAAA: Webpage Development. Motion carried.
Action 23-120: Motion by Flanagan, second by Clark, to change the insurance carrier to Wright Specialty Insurance, and approve the annual invoices for cyber insurance & property and liability insurance. Motion carried.
Administration provided the Board with two administrative reports:
a. Superintendent’s Report - Superintendent Johnson gave the Board updates on the electric buses and complex project. He added that it’s complete summer mode in the schoolhouse, with annual cleaning being done and summer camps taking place.
b. Prairie Lakes Educational Cooperative - Board Member Gloe informed the Board that the Prairie Lakes meeting consisted of paying the bills.
Action 23-121: Motion by Gloe, second by Hulscher, to go into executive session, pursuant to SDCL 1-25-2, subsection 1: A Personnel Matter. Motion carried. The Board entered executive session at 6:48 p.m.
President Nordstrom declared the Board out of executive session at 7:21 p.m.
Action 23-122: Motion by Gloe, second by Hulscher, to adjourn at 7:21 p.m. Motion carried.
Approved by the Garretson Board of Education this _____ day of _________, 2023.
Shannon Nordstrom,
Board President
Jacob Schweitzer,
Business Manager
Published at the total approximate cost of $142.82 and can be viewed for free at www.sdpublicnotices.com.
8-10-23-1tc
Minutes of the Town of Sherman
The Sherman Town Board met in regular session Tuesday August 1, 2023 @ 7:30pm
Members Present: Gerry Karpen, Darren Trower, and Cheryl Swenson
Absent: Dawn Williams
Others Present: Lee Ellis, Kristy Trower
Karpen called the meeting to order.
Routine Business:
Approval of the agenda- Motion by Trower to approve the agenda, 2nd by Karpen-all ayes, motion carried.
Minutes of the July 11, 2023 meeting were read—Trower made a motion to approve the minutes, 2nd by Karpen—all Ayes, motion carried.
The Treasurer’s report was read—Trower made a motion to approve the Treasurers report as read, 2nd by Karpen—all Ayes, motion carried.
Claims Approved to be paid:
Minnehaha Community Water $50.00 water, Garretson Gazette $22.68 for June minutes, Jesse Hewer $100.00 , Darrin dirt work and tree pile, Blaine Trower $80.00 for 2x mowing Strom Park, $80.00 for 2x mowing city lot, Luke Bonte $160.00 for 4x mowing Tiger Park, Lee Ellis $130.00 for 10 hours tree pile, Gerry Karpen $22.08 for battery charger, Cheryl Swenson $68.00 for stamps,
Old Business:
1. Town picnic- Gerry will sent out text before the picnic, Town will buy pork loin. Town is also getting a bouncy house again this year.
2. Kitchen sink and facet-- Tabled
New Business:
1. Town clerk presents proposed budget ordinance—First reading of the annual appropriation ordinance.
Trower made a motion to adjourn, 2nd by Karpen—all ayes. Next regular meeting will be September 5, 2023 @ 7:30pm.
-Cheryl Swenson Town Clerk
Published at the total approximate cost of $20.77 and can be viewed for free at www.sdpublicnotices.com.
8-10-23-1tc
