Minutes of the Minnehaha County Commissioners Joint Meeting with the City Council of Sioux Falls for August 22, 2023
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 5:00 PM on August 22, 2023, pursuant to adjournment on August 22,2023. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, Karsky, and Kippley. Also present were Kym Christiansen, Commission Recorder, and Maggie Gillespie, Senior Deputy State's Attorney.
City Council members present were: Barranco, Cole, Jensen, Merkouris, Neitzert, Soehl, Starr, Mayor TenHaken. Councilor Selberg was present via electronic means.
Chair Bender called the meeting to order.
MOTION by Beninga, seconded by Karsky, to approve the agenda. 5 ayes. The City concurred.
REZONING PUBLIC HEARING
Scott Anderson, Planning Director, was present for the public hearing and gave the second reading for a revision to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls to a rezone of approximately 8 acres from A 1 Agricultural to C Commercial. The property is legally described as Lot 1 & Lot 2 Sundermann Addition S 1/2 SE 1/4 Section 26-T102N-R50W Benton Township. The property is located on Highway 38 approximately 1,900 feet west of the intersection of Marion Road and SD Highway 38. This area has seen recent commercial development with the construction of a new Walmart, Aldi's and other commercially related businesses. The property owner is Highway 38 Sundermann Land, LLC and the petitioner is Tad Fiegen. The property is located within the 3 Growth Area for the City of Sioux Falls, which means city services are projected to be available within 16 to 25-year time horizon. The City of Sioux Falls Public Works reported that gravity sewer is not available to the property. This item was heard at the July 24 Joint Minnehaha County Planning Commission and City of Sioux Falls Planning Commission meeting and both bodies recommended a denial of the rezoning request.
Chair Bender asked for public comments on the topic. There was no one in attendance to speak on the topic.
MOTION by Karsky, seconded by Kippley, to uphold the recommendation of the Planning Commission and deny the rezoning from A-1 Agricultural to C Commercial for the property legally described as Lot 1 & Lot 2 Sundermann Addition S 1/2 SE1/2 Section 26-T102N-R50W Benton Township. By roll call vote: 5 ayes. The City concurred.
TEXT AMENDMENT PUBLIC HEARING
Scott Anderson, Planning Director, was present for the public hearing and gave the second reading 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. Vacation Home Rentals/Short Term Rentals continue to present themselves throughout the county and the proposed ordinance amendment attempts to provide a fair framework on how the use can be accommodated. The ordnance amendment identifies vacation homes and short-term rentals as a use that should be handled through the permitted special use process. The ordinance amendment identifies specific districts where the use will be allowed as a permitted special use and sets up the criteria that the petitioner will need to meet. If the criteria can't be met, the applicant can then apply for a conditional use permit and will need to identify which criteria can't be met. The public will be notified of a request for a short-term rental/vacation home and will have 14 days after a notice is mailed to object. This item was heard during the July 24, 2023, meeting of the Joint Sioux Falls and Minnehaha County Planning Commission and was recommended for approval.
Chair Bender asked for public comments on the proposed ordinance amendment. The following people spoke about the proposed ordinance amendment: Albert Huizing, John Beck, Tina Beck, Kristin Bennet, Adam Emerson, Tyler Childress, Chad Thissen, Mark Dawson, Macy Del Grosso, Kenley Lamberty, Kylie Beck, Megan Alberico, Joe Quinn, Duane Wegman, Sarah French, Roger, Christi Childress, Scott Zwak, Jackie Thomas, Charles Simmons, and Lance Wrench.
MOTION by Kippley, seconded by Karsky, to remand the ordinance with the proposed amendments back to the Joint Planning Commission. By roll call vote: 5 ayes. The City concurred.
JOINT BUDGET HEARINGS
Mike Gramlick, Interim Metro Communications Director, presented the Metro Communications Agency 2024 budget of $6,404,437.00. The County's portion for 2024 is $ 753,772.00 and the City's portion is $2,261,320.00. MOTION by Beninga, seconded by Karsky, to approve 2024 Metro Communications Agency budget as presented. By roll call vote: 5 ayes. The City concurred.
Jodi Fick, Director of Siouxland Libraries, presented the Siouxland Libraries 2024 budget of $11,255,932. The County's portion for 2023 is $1,480,000.00. The City's portion for 2024 is $9,775,932.00. MOTION by Karsky, seconded by Beninga, to approve 2024 Siouxland Libraries budget as presented. By roll call vote: 5 ayes. The City concurred.
Bill Hoskins, Museum Director, presented the Siouxland Heritage Museums 2024 budget. The request Operations Budget is $1,599,197.00, to be split equally between the City of Sioux Falls and Minnehaha County. The City of Sioux Falls will provide $38,850 for the Pettigrew Home and Museum Maintenance. Minnehaha County will provide $61,240.00 for the Old Courthouse Museum Maintenance. The Irene Hall Museum Resource Center requested a maintenance budget of $51,500.00 and will be equally funded by both the City of Sioux falls and Minnehaha County. The proposed budget also included the Museum Special Enterprise Fund at $236,329.00 and the Museum Store Fund at $21,950.00. MOTION by Bleyenberg, seconded by Kippley, to approve the 2024 Museum Operations, Pettigrew Home and Museum Maintenance, Old Courthouse Museum Maintenance, Irene Hall Museum Resource Center Maintenance, Museum Special Enterprise Fund, and Museum Store Fund budgets as presented. By roll call vote: 5 ayes. The City concurred.
OPPORTUNITY
FOR PUBLIC COMMENT
Anson Blue spoke about being indigenous in Sioux Falls, SD.
Bob Kolbe, Sioux Falls, spoke about the preservation of the Brockhouse animals and at the Great Plains Zoo and Delbridge Museum.
MOTION by Karsky, seconded by Bleyenberg, to adjourn. 5 ayes. The City concurred.
The Commission adjourned until 9:00 a.m. on Tuesday, September 5, 2023.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $72.21 and can be viewed for free at www.sdpublicnotices.com.
8-31-23-1tc
Minutes of the Minnehaha County Commissioners for Aug. 22, 2023
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on August 22, 2023, pursuant to adjournment on August 15, 2023. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, Karsky, and Kippley. 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 Beninga, to approve the agenda. 5 ayes
CONSENT AGENDA
MOTION by Bleyenberg, seconded by Beninga, to approve the consent agenda. 5 ayes. The consent agenda includes the following items:
Commission Meeting Minutes for August 15, 2023
Bills to be Paid $1,001,356.74
3200 RUSSELL LLC Motels $1965, 3D SPECIALTIES INC Sign Supply Inventory $145.7, 3D SPECIALTIES INC Special Projects $56.2, 5POINT CAPITAL LLC Welfare Rent $4357.54, A&B BUSINESS SOLUT Lease-Rental Agreement $717.88, AARON GEORGE PROPERT Welfare Rent $500, AB PROPANE INC Gas Oil & Diesel $34.71, ADVANCED PEST SOLUTI Maintenance Contracts $70, AIRWAY SERVICE INC Automotive/Small Equipment $944.63, ALIGNMENT SHOPPE Automotive/Small Equipment $187.5, AMERICAN INK LLC Uniform Allowance $43.48, ARCHITECTURE INC Architect, Engineers, and PMgt $246814.69, ARGUS LEADER MEDIA Publishing Fees $1644.79, AUTOMATIC BUILDING C Jail Repairs & Maintenance $106.12, AVERA MCKENNAN Hospitals $10132, AVERA MCKENNAN Other Medical Services $278.95, AXIS FORENSIC TOXICO Lab Costs $1653.5, BALOUN LAW PC Child Defense Attorney $90.95, BENNINGTON HILL LLC Welfare Rent $775, BOB BARKER COMPANY I Child Care Uniforms $63.75, BRANDON HEIGHTS II L Welfare Rent $2344, BRAUN, MASON Investigators Expenses $52.02, BULLIS, MATTHEW Investigators Expenses $94.35, BURNS, JASON Investigators Expenses $161.16, CAPTAIN JACK Welfare Rent $3325, CDW GOVERNMENT Data Processing Equipment $1277.81, CENTURY BUSINESS PRO Maintenance Contracts $187.16, CHAGOLLA, ALBERT Interpreters $250, CIVIL DESIGN INC Architects & Engineers $39420, CONSTELLATION Natural Gas $13359.91, COUNTRY MEADOWS SF L Welfare Rent $1381, DAKOTA SUPPLY GROUP HHS Maintenance $437.89, DAKOTA SUPPLY GROUP Plumbing & Welding $39.15, DALSIN INC JDC Maintenance $629.75, DELL MARKETING LP Data Processing Equipment $1463.84, DENNIS SUPPLY CO SF Jail Repairs & Maintenance $334.45, ELECTRIC SUPPLY CO I Data Processing Supplies $1280.74, FAMILY SERVICE INC Professional Services $3840, FIRST DAKOTA NATIONA Lease Interest $1015.81, FIRST DAKOTA NATIONA Lease Principal $2727.63, FOX, DANIEL Bd Exp Fees (Yankton) $255.01, G & R CONTROLS INC JDC Maintenance $205.51, GARRETSON GAZETTE Publishing Fees $1680.58, GATES, LAURIE A Bd Exp Fees (Minnehaha) $96, GIRTON ADAMS Heat, Vent & AC Repairs $352.68, GRAINGER Heat, Vent & AC Repairs $76.82, GUNNER, ANDREA Court Reporters $372.4, GUZMAN, SANDRA V Interpreters $165, HELSETH, RAMONA G. Bd Exp Fees (Minnehaha) $160, HENRY CARLSON CONSTR Administration Bldg $15509, HENRY CARLSON CONSTR Construction Costs $76595, HENRY CARLSON CONSTR Repair/Renovations $938.78, HERITAGE FUNERAL HOM Burials $2000, HOV SERVICES INC Archive/Preservation Supplies $409.84, HURTGEN, PROPERTIES Welfare Rent $700, HYVEE ACCOUNTS RECEI Jury Fees $108.5, I STATE TRUCK CENTER Automotive/Small Equipment $4.73, IMEG CORP Architects & Engineers $9555, INTEK Contract Services $37821.83, INTERSTATE COMMERCIA Jail Repairs & Maintenance $503.45, INTERSTATE OFFICE PR Office Supplies $167.18, IS RESTAURANT EQUIP Jail Repairs & Maintenance $108.78, ISI LLC Attorney Fees $80, ISI LLC Interpreters $340, JACKS UNIFORMS AND E Uniform Allowance $131.99, JAKI THOMS Sign Deposits $50, JB-MMAK LLC Welfare Rent $489, JEFFERSON PARTNERS L Transportation $2978.01, JH LARSON COMPANY JDC Maintenance $38.21, JMACS CONCRETE Repair/Renovations $83677.5, JSA CONSULT ENGINEER Architects & Engineers $23417, KATTERHAGEN, MARK Bd Exp Fees (Yankton) $15, KAUFFMAN, DAVID W PH Psych Evals $2700, KAYCEE SINA Taxable Meal Allowances $18, KENNEDY PIER & LOFTU Attorney Fees $278.2, KENNEDY, RENEE S Court Reporters $1215.2, KOLETZKY LAW OFFICE Attorney Fees $164.5, LARSON, VALERIE Bd Exp Fees (Yankton) $36, LEWIS & CLARK BEHAVI Bd Evaluations (Yankton) $639, LEWIS DRUGS INC Pharmacies $326.68, LEWNO LAW OFFICE Bd Exp Fees (Yankton) $91.75, LILLA, CHRIS Taxable Meal Allowances $14, LOCKWOOD, DARCY Bd Exp Fees (Yankton) $21, LOPEZ, REBECA Interpreters $166.6, LOVING, PHILIP Bd Evaluations (Minnehaha) $2731.7, MAC'S HARDWARE Jail Repairs & Maintenance $152.2, MALLOY ELECTRIC Gas Oil & Diesel $96.92, MALLOY ELECTRIC JDC Maintenance $1709.79, MATT DRAYTON Uniform Allowance $75.48, MEDSTAR PARAMEDIC IN Transportation $800, METRO COMMUNICATIONS Miscellaneous Expense $208923.06, MICROFILM IMAGING SY Contract Services $1281.6, MIDAMERICAN ENERGY C Natural Gas $511.6, MIDAMERICAN ENERGY C Welfare Utilities $565.44, MIDCONTINENT COMMUNI Welfare Utilities $183.26, MIDLAND INC Jail Repairs & Maintenance $957.95, MIDLAND INC Small Tools & Shop Supplies $21.12, MIDSTATES UNIFORM & Printing/Forms $28, MINNEHAHA COUNTY Other Supplies $120, MINNEHAHA FUNERAL HO Burials $2000, MYRL & ROYS PAVING I Road Maint & Material $16472.87, NAPA AUTO PARTS Automotive/Small Equipment $49.5, NGUYEN, LAM Interpreters $50, NICHOLSON LAW Attorney Fees $597.9, NORTH CAROLINA DEPT Contract Services $358.4, NORTON OPERATING LLC Welfare Rent $2470.85, NOVAK Trash Removal $270.93, NYBERGS ACE HARDWARE JDC Maintenance $11.39, OREILLY AUTOMOTIVE S Automotive/Small Equipment $8.49, P & G TOWNHOMES LLC Welfare Rent $800, PALLUCK, ETHAN Taxable Meal Allowances $18, PREMIER REAL ESTATE Welfare Rent $2920, R&L SUPPLY LTD Heat, Vent & AC Repairs $271.48, R&L SUPPLY LTD HHS Maintenance $289.67, R&L SUPPLY LTD Jail Repairs & Maintenance $333.07, R&L SUPPLY LTD Plumbing & Welding $79.19, RED WING OF SIOUX FA Uniform Allowance $175, REDWOOD TOXICOLOGY L Testing Supplies $990, REEVES, MEGAN Court Reporters $58.8, RENTOKIL NORTH AMERI Contract Services $689.74, RENTOKIL NORTH AMERI Professional Services $74.44, RESOLUTE LAW FIRM IN Attorney Fees $5631.48, RICE STREET Welfare Rent $448.29, RINGING SHIELD,NICHO Bd Evaluations (Minnehaha) $330, RISK ANALYSIS & MANA Insurance Admin Fee $2853.5, SAFETY GLASSES USA I Uniform Allowance $64.94, SALEM, KARLA R Bd Evaluations (Minnehaha) $5445, SANFORD Other Medical Services $2712.07, SD ASSOC OF COUNTY C Education & Training $200, SECURE ENTERPRISE AS Trash Removal $4083.12, SHERWIN WILLIAMS Building Repairs & Maintenance $73.11, SHORT ELLIOTT HENDRI Architects & Engineers $1055.45, SIOUX FALLS CITY Gas Oil & Diesel $283.17, SIOUX FALLS CITY Water - Sewer $5847.18, SIOUX FALLS CITY Welfare Utilities $93.26, SIOUX FALLS FORD INC Automotive/Small Equipment $621.47, SIOUX FALLS RUBBER S Office Supplies $10.65, SIOUX VALLEY ENERGY Welfare Utilities $153, SLEEP INN AIRPORT Motels $1069.53, SOUTHEASTERN BEHAVIO Crisis Intervention Program $6168.51, SOUTHEASTERN BEHAVIO Professional Services $3575, SRF CONSULTING GROUP Architects & Engineers $15499.25, STATE OF SOUTH DAKOT Amts Held-Daily Scram $4127.5, STATE OF SOUTH DAKOT Amts Held-Remote Breath $667, STATE OF SOUTH DAKOT Fingerprint/Tax $334.23, STATE OF SOUTH DAKOT Misc Revenue $55.19, STATE OF SOUTH DAKOT Miscellaneous Expense $71, STATE OF SOUTH DAKOT Mug Shots $6.07, STATE OF SOUTH DAKOT Outside Repair $2.1, STATE OF SOUTH DAKOT Property Search Fees $252.79, STATE OF SOUTH DAKOT Store Sales $269.06, STEPHANIE PETERSON Sign Deposits $50, SUMMIT FIRE PROTECTI Coliseum $270, SUMMIT FOOD SERVICE Child Care Food $610.44, SUMMIT FOOD SERVICE Inmate Supplies $947.52, SUMMIT FOOD SERVICE School Lunch Program $1240.05, SURF TAXI Transportation $64.2, TEGRA GROUP INC Architect, Engineers, and PMgt $29684.73, TERRONES, JARED Investigators Expenses $5.1, TESSMAN SEED COMP Grounds & Parking Repair $19.4, TIRES TIRES TIRES IN Truck Repairs & Maintenance $31.54, TRANE Juvenile Detention Ctr $7495, TRI-STATE NURSING Professional Services $2876, TRISTATE GARAGE DOOR Outside Repair $383.25, TRUE CARE FAMILY PHA Pharmacies $30, TZADIK HIDDEN HILLS Welfare Rent $500, TZADIK SIOUX FALLS I Welfare Rent $700, US FOODS INC Other Supplies $37.69, US FOODS INC Professional Services $698.13, VB FALLS PARK LIMITE Welfare Rent $1778, VB FALLS TERRACE Welfare Rent $1023, VERIZON WIRELESS Administrative Charges $45.77, VERIZON WIRELESS Data Processing Equipment $1363.24, VERIZON WIRELESS HIDTA Grant $83.62, VERIZON WIRELESS Tea-Ellis Range $40.01, VERIZON WIRELESS Telephone $6482.7, VINEYARD HEIGHTS Welfare Rent $1630, VITAL RECORDS Archive/Preservation Supplies $600, WALGREENS Pharmacies $96.93, WALTON, MARCUS Attorney Fees $2040.2, WASTE MANAGEMENT OF Trash Removal $3575.92, WEST POINTE LIMITED Welfare Rent $800, WESTERN HEIGHTS APTS Welfare Rent $237, WESTWOOD LIMITED PAR Welfare Rent $3620, WHISPERING WOODS Welfare Rent $6210.7, WINNER POLICE DEPART Extradition & Evidence $144.26, XCEL ENERGY Electricity $2184.13, XCEL ENERGY Road Maint & Material $12.26, XCEL ENERGY INC Welfare Utilities $4617.4, YOGI HOLDINGS INC Welfare Rent $1100.
The following reports were received and placed on file in Auditor's Office:
Auditor's Account with the County Treasurer-July 2023
Abandoned Cemetery Board July Meeting Minutes
Accounting Month End Reports
Routine Personnel Actions
New Hires
1. Lainey Lyle, Juvenile Correctional Office I of the Juvenile Detention Center, at $22.98/hour (13/1) effective 8/14/2023.
2. Danielle Rang, Deputy State's Attorney for the State's Attorney's Office, at $3,325.60/biweekly (22/2) effective 8/30/2023.
3. Laurie Richardson, Deputy State's Attorney for the State's Attorney's Office, at $3,492.80/biweekly (22/3) effective 8/30/2023.
Promotions
1. Marithzel Mercado-Gamez, Corrections Systems Operator to Correctional Officers for the Jail, at $24.16/hour (14/1) effective 8/19/2023.
Step Increases
1. Michael Peterson, Highway Maintenance Team Member for the Highway Department, at $24.74/hour (12/4) effective 8/17/2023.
2. Abby Sitzman, Accountant for the Highway Department, at $30.90/hour (16/5) effective 8/27/2023.
3. Cody Schroeder, Correctional Officer for the Jail, at $25.37/hour (14/2) effective 8/8/2023.
4. Joseph Zilla, Juvenile Correctional Officer I for the Juvenile Detention Center, at $27.98/hour (13/7) effective 8/26/2023.
5. Aaron Gehrke, Deputy Public Defender for the Public Defender's Office, at $3,492.80/biweekly (22/3) effective 8/18/2023.
6. Matthew Hollins, Senior Tax and License Technician for the Treasurer's Office, at $24.16/hour (12/3) effective 8/6/2023.
Notices and Requests
Surface Water Discharge Permit Public Notice
ALCOHOL LICENSES
Kym Christiansen, Commission Recorder, was present for a public hearing to consider a transfer retail (On-Off Sale) Malt Beverage & SD Farm Wine License. The application for the transfer of a Retail (On-Off Sale) Malt Beverage and SD Farm Wine License is currently held by CC & F Retail dba Friendly's Fuel Stop. The property is legally described as Tract 1 of Oyen's Addition West Half of the Northeast Quarter of Section 1-Township 103 North-Range 50 West and located at 47155 250th St in Baltic. The license will be transferred to Holiday Station Stores dba Circle K #2746530. The license would allow for the sale of malt beverages and SD Farm wine at the store, which is located in Minnehaha County. The application was reviewed by the Sheriff's Office, State's Attorney's Office, and Planning & Zoning and there were no objections or concerns reported.
Chair Bender asked for proponents and opponents to speak on the topic. There were no proponents or opponents to speak on the topic.
MOTION by Karsky, seconded by Beninga, to approve a transfer Retail (On-Off Sale) Malt Beverage & SD Farm Wine License for Holiday Station Stores, LLC from CC & F dba Friendly's Fuel Stop. By roll call vote: 5 ayes.
Kym Christiansen, Commission Recorder, was present for a public hearing to consider a transfer retail (On-Off Sale) Wine & Cider License. The application is for the transfer of a Retail (On-Off Sale) Wine and Cider License currently held by CC & F Retail dba Friendly's Fuel Stop. The property is legally described as Tract 1 of Oyen's Addition West Half of the Northeast Quarter of Section 1-Township 103 North-Range 50 West and located at 47155 250th St in Baltic. The license will be transferred to Holiday Station Stores dba Circle K #2746530. The license would allow for the sale of wine and cider beverages at the store which is located in Minnehaha County. The application was reviewed by the Sheriff's Office, State's Attorney's Office, and Planning & Zoning and there were no objections or concerns reported.
Chair Bender asked for proponents and opponents to speak on the topic. There were no proponents and opponents to speak on the topic.
MOTION by Beninga, seconded by Kippley, to approve a transfer Retail (On-Off Sale) Wine & Cider License for Holiday Station Stores, LLC from CC & F dba Friendly's Fuel Stop. By roll call vote: 5 ayes.
PUBLIC NUISANCE HEARING
Kevin Hoekman, Planner, was present for the scheduled hearing on a complaint on the property legally described as S1/2 S1/2 NE1/4 (Ex. W990’) in Section 9-T101N-R1W, Wall Lake Township, a Public Nuisance and Enact SDCL 21-10-06. Mr. Hoekman stated that the property was declared a public nuisance by the commission in 2021 and staff has received numerous complaints about the property. During a staff visit to the property, it was noted that more junk appliances and air conditioner units had been brought onto the property.
Chair Bender asked for proponents and opponents to speak about the public nuisance complaint. There were proponents in attendance to speak on the topic. Kim Halverson, property owner and opponent, spoke against the public nuisance complaint and is trying to clean up the property.
MOTION by Karsky, seconded by Kippley, to declare the property legally described as S1/2 S1/2 NE1/4 (Ex. W 990’) in Section 9-T101N-R51W, Wall Lake Township, as a public nuisance and enact SDCL 21-10-06 with County clean up to begin on September 25, 2023. By roll call vote: 5 ayes.
RESOLUTION
Scott Anderson, Planning Director, presented a resolution requesting authorization for the commencement of civil action. The Planning and Zoning Department has determined that a property is being operated in violation of the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls. MOTION by Karsky, seconded by Bleyenberg, to approve and authorize the Chair to sign Resolution MC 23-23 Authorizing the Commencement of Civil Action. By roll call vote: 5 ayes.
RESOLUTION MINNEHAHA COUNTY 23-23
RESOLUTION AUTHORIZING THE COMMENCEMENT OF A CIVIL ACTION
WHEREAS, the Minnehaha County Planning Department (“the Department”) has determined that Tyler Childress, or an entity under his ownership, direction and control (“hereinafter Mr. Childress”), is using property in violation of the joint ordinance adopted by Minnehaha County and the City of Sioux Falls in an area zoned A1 Agricultural in unincorporated Minnehaha County; and
WHEREAS, the Department has indicated that the property in question is located at 47644 Slip Up Creek Road, Sioux Falls, South Dakota, legally described as Tract 3 of Andy’s Acres, NE1/4SW1/4 of Section 23, Township 102N, Range 49 West, Minnehaha County, South Dakota, and is owned by Don’t Ask Holdings, LLC, Tyler Childress, Member-Manager; and
WHEREAS, a complaint was made to the Department alleging Mr. Childress’ use of the property is in violation of the ordinance. The Department contacted Mr. Childress regarding the complaint, and on December 21, 2022, Mr. Childress applied for a conditional use permit under the joint ordinance. Following a public hearing held on January 23, 2023, the Planning Commission denied the request and no appeal of that decision was filed; and
WHEREAS, since that time, the Department has received additional complaints that Mr. Childress continues to use the property in violation of the joint ordinance and has failed to comply with requests by the Department to cease such use; and
WHEREAS, the Board of County Commissioners finds that it is in the best interests of the County to pursue legal action to seek injunctive relief to prevent the continued violation of the joint ordinance and to compel Mr. Childress to immediately cease, correct and abate the use of the property in violation of the joint ordinance;
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Minnehaha County, South Dakota, that the Minnehaha County State’s Attorney is hereby authorized to institute and proceed with a cause of action for injunctive relief.
Dated this 22nd day of August, 2023.
Jean Bender
Chair
Minnehaha County Board of Commissioners
ATTEST:
Leah Anderson, Auditor
BRYNE JUSTICE ASSISTANCE GRANT PROGRAM AGREEMENT
Upon request of Joe Bosman, Captain, MOTION by Bleyenberg, seconded by Beninga, to authorize the Chairperson of the County Commission to sign the Interlocal Agreement between Minnehaha County and the City of Sioux Falls for the 2023 JAG program award. By roll call vote: 5 ayes.
BRYNE JUSTICE ASSISTANCE GRANT HEARING NOTICE
Upon request of Joe Bosman, Captain, MOTION by Kippley, seconded by Bleyenberg, to authorize the Auditor's Office to post notice of a public hearing for the 2023 JAG Spending Plan to be held on September 5, 2023, during the Regularly Scheduled Commission Meeting. 5 ayes.
GRANT APPLICATION
Joe Bosman, Captain, was present to request authorization for the Minnehaha County Sheriff's Office to apply for the Walmart Community Grant Program. For the past couple years, the Minnehaha County Sheriff's Office Community Engagement Committee has hosted several events where our Sheriff's Office staff has interacted and engaged with the residents of the communities we serve. One of these events is called Christmas with Deputies, where we spread joy and goodwill to families in need during the holiday season. These programs rely on the support of partnerships and donations and the Walmart Community Grant is an opportunity for the agency to receive financial support that will be directly applied to our community events. This one-time award can range from $250 to $5,000 for eligible applicants who outline their plan to support Public Safety programs and improve the quality of life for the citizens they serve. MOTION by Beninga, seconded by Kippley, to authorize the Minnehaha County Sheriff's Office to Apply for the Walmart Community Grant Program. By roll call vote: 5 ayes.
EQUIPMENT PURCHASE
Upon the request of Steve Groen, Highway Superintendent, MOTION by Karsky, seconded by Bleyenberg, to authorize the Highway Department to purchase a new Skyjack SJ4740 Electric Scissor Lift under the Sourcewell Procurement Contract #020923_SKJ in the amount of $31,741.59 and Surplus Unit 4110 and deposit the proceeds into the Highway and Bridge Fund. By roll call vote: 5 ayes.
SURPLUS DECLARATION
Upon the request of Steve Groen, Highway Superintendent, MOTION by Beninga, seconded by Bleyenberg, to declare the following fixtures and equipment as surplus: 1997 Hurst Trane boiler and all components, miscellaneous chairs, file cabinets, desks, exhaust hose reel, ice machine, water heater, water softener, arc/tig welder, 3 to 5 HP Type-LA Engine, Heat pump and AC unit, garage door and openers, steel shelving, 250-gallon chemical totes, and valve grinding tools, gasket board and miscellaneous items as surplus and authorize disposal through auction. By roll call vote: 5 ayes.
TAX DEED BRIEFING
Kris Swanson, Treasurer, and Susan Beaman, Finance & Budget Officer, presented a briefing regarding the tax deed sale for 2023. The Treasurer's Office has identified 10 property owners that are four or more years delinquent on their property taxes. The owners or their respective families have been properly served notice that Minnehaha County intends to take a Treasurer's Tax Deed to their property as a result of the delinquent taxes. The Treasurer's Office will record the Treasurer's Tax Deed for each property with the Register of Deeds, effectively transferring the property to Minnehaha County. At upcoming Commission meetings, the Auditor's Office will present a list of tax-deed properties to be declared surplus property and ask for the appointment of members to the Appraisal Board. The Appraisal Board would review the various properties to determine an appropriate sale value. The Appraisal Board will then submit their findings to the Board of County Commissioners for consideration and approval. The Auditor's Office would then publish notice of its intent to hold a public auction for these surplus properties. The Auditor's Office and Treasurer's Office hope that all of the identified property owners are able to bring their property taxes current and that no public auction would need to take place. A public auction, if needed, would be held in the event that property taxes remain delinquent and would take place in early Fall of 2023.
RESOLUTION
Upon the request of Eric Bogue, Chief Civil Deputy State's Attorney, MOTION by Beninga, seconded by Bleyenberg, to approve and authorize the Chair to sign a Resolution MC 23-24 Authorizing the Issuance of an Order to Show Cause. By roll call vote: 5 ayes.
RESOLUTION MINNEHAHA COUNTY 23-24
RESOLUTION AUTHORIZING THE ISSUANCE OF AN ORDER TO SHOW CAUSE
WHEREAS, the voters of South Dakota passed Initiated Measure 26 at the General Election in November of 2020 which legalized medical cannabis and was codified in South Dakota Codified Law Chapter 34-20G; and
WHEREAS, while SDCL 34-20G-58 permits local governments to enact an ordinance governing the time, place, and manner and number of medical cannabis establishments, SDCL 34-20G-59 barred local governments from prohibiting all medical cannabis dispensaries within that jurisdiction; and
WHEREAS, Minnehaha County adopted Ordinance MC 60-21 “An Ordinance Establishing the Licensing and Regulation of Medical Cannabis Dispensaries in Minnehaha County” on October 5, 2021, with an effective date of October 25, 2021, which limited type of permitted medical cannabis establishments to a single licensed medical cannabis dispensary; and
WHEREAS, Ordinance MC 60-21 provides for the: process of issuing such medical cannabis dispensary license; the fees, term and renewal of such license; operational requirements for such license; and the process for suspension or revocation of such license.
WHEREAS, pursuant to Ordinance MC 60-21, on or about March 15, 2022, Minnehaha County issued its single medical cannabis dispensary license to Genesis Farms, LLC, and to the physical location designated on their application, to wit: 7605 E. Arrowhead Parkway, Sioux Falls, South Dakota, also described as: Lot A (EX H-2) of Lots 1, 2 and 3 in Block 3, Pleasant View Acres located in the N1/2SE1/4 and S1/2NE1/4 of Section 19, Township 101 N, Range 48 West, Minnehaha County, South Dakota; and
WHEREAS, a complaint was made to the County alleging that Genesis Farms, LLC was not in compliance with Ordinance MC 60-21 Section 5.c in that Genesis Farms, LLC was not and had not at any time since the issuance of the medical cannabis dispensary license been in active use of such license and as such was in violation of the ordinance; and
WHEREAS, the County, by and through the Office of Planning and Zoning, conducted a site visit to determine the operational status of the County’s sole licensed medical cannabis dispensary and determined that the dispensary was not operational and there was no indication that it had every been operational; and
WHEREAS, the period of time from the original issuance of the medical cannabis dispensary license to Genesis Farms, LLC on March 15, 2022, through Friday August 18, 2023, is Five Hundred Twenty-One (521) days which is far in excess of the permitted Sixty (60) days granted for to a licensee to commence operations; and
WHEREAS, the Board of County Commissioners finds that it is in the best interests of the County and in compliance with SDCL Chapter 34-20G to issue an Order to Show Cause to Genesis Farms, LLC to show cause why the license issued to it should not be found to be Inactive in violation of Ordinance MC 60-21 and if found to be inactive why the license issued to Genesis Farms, LLC should not thereafter be revoked pursuant to Ordinance MC 60-21
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Minnehaha County, South Dakota, that the Chair of the Board of County Commissioners shall execute an Order to Show Cause as set forth above and that a Hearing on such Order be scheduled for September 26, 2023, at 9:00 a.m., or as soon thereafter as the parties may be heard, in the Minnehaha County Commission Chambers to provide Genesis Farms, LLC an opportunity to be heard and show cause why such license should not be found to be in Inactive in violation of Ordinance MC 60-21 and thereafter be revoked.
Dated this 22nd day of August, 2023.
Jean Bender
Chair
Minnehaha County Board of Commissioners
ATTEST:
Leah Anderson, Auditor
COMMISSIONER LIAISON REPORTS
Commissioner Kippley reported on the recent quarterly meeting with the Public Defender's Advisory Committee.
Commissioner Beninga reported on the recent planning meeting for the Juvenile Justice Center project.
Commissioner Bender reported success stories that have been achieved by the Specialty Courts.
MOTION by Karsky, seconded by Beninga, to enter into Executive Session Executive Session pursuant to SDCL 1-25-2 (1), (3), (4) and (6) at 10:02 a.m. 5 ayes.
Chair Bender declared the executive session concluded at 10:31 a.m.
MOTION by Karsky, seconded by Beninga, to adjourn at 10:32 a.m. 5 ayes
The Commission adjourned until 5:00 p.m. on Tuesday, August 22nd, 2023.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $284.99 and can be viewed for free at www.sdpublicnotices.com.
8-31-23-1tc
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 11th day of September, 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.
8-31-23-1tc
NOTICE OF HEARING UPON APPLICATION FOR A KENNEL LICENSE
Notice is hereby given that the City Council in and for the City of Garretson, Minnehaha County, South Dakota, on the 11th day of September, 2023, at the hour of 6:30 p.m. in the Garretson American Legion will meet in Regular Session to consider the following application for Kennel License to operate within the City of Garretson, Minnehaha County, South Dakota for the licensing period, of January 1, 2023 through December 31, 2023 which has been presented to the governing body and filed in the Office of the Finance Officer.
NEW-ISSUANCE 2023-APPLICANT:
Cynthia Gibson, 210 Dows Street #26 Garretson South Dakota 57030
Notice is further given that any person, persons, or their attorney or attorneys may appear at said public hearing and present objections to any or all the above applicants.
Dated this 28th day of August 2023
Paetyn Dreckman
City of Garretson Finance Officer
Published at the total approximate cost of $13.85 and can be viewed for free at www.sdpublicnotices.com.
8-31-23-1tc
Notice of Hearing: for Adult Name Change
CIV: 23-2225
STATE OF SOUTH DAKOTA) SS COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Petition
of Alaine Christine Silvera,
For a Change of Name to
Ryan Xavier Silvera
CIV: 23-2225
Notice of Hearing for Adult
Name Change
Notice is hereby given that a Verified Petition for Adult Name Change has been filed by Alaine Christine Silvera, the object and prayer of which is to change Petitioner’s name from Alaine Christine Silvera to Ryan Xavier Silvera.
On the 26th day of Sept, 2023, at the hour of 11:00 a.m. said Verified Petition will be heard by this Court before the Honorable Judge Sogn Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 9th Day of August, 2023 at Sioux Falls, South Dakota.
Attested by,
Angelia Gries, Clerk of Court
Published four times at the approximate cost of $48.28 and can be viewed for free at www.sdpublicnotices.com.
8-17-23-4tc
