Legals: Dec. 8, 2021
City of Brandon
_________ Minutes _________
PLANNING & ZONING COMMISSION
The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on November 4, 2021 at the Brandon City Council Chambers.
Roll call was taken. Members present were Commissioners Brian Heidbrink, Thomas Nichols, Brookes Noem, Chuck Parsons, Rob Schoeneman and Alica Thiele. Also present were Alderman Tim Jorgenson, Building Official Paul Clarke, City Administrator Bryan Read, City Engineer Tami Jansma and Mayor Jim Heinitz.
Commissioner Parsons moved Commissioner Nichols seconded to approve the agenda. Motion carried.
Commissioner Noem moved Commissioner Nichols seconded to approve the consent calendar which contained the following items: a plat of Aspen Harbor Addition Lot 1 Block 1; a plat of Sunrise Estates Addition Lots 9A & 9B Block 12; a plat of Tallgrass Addition Lot 10 Block 6 and a plat of Twin Rivers Crossing Addition Lots 13, 14, 15 Block 4 & Lot 2 Block 5. Motion carried.
Commissioner Thiele moved Commissioner Nichols seconded to approve the minutes of the October 21, 2021 regular meeting. Motion carried.
A public hearing was held, as advertised, to consider a Conditional Use Application for 101 E. Maureen Drive. Applicant Derick Milner was present for discussion. Derick wants to construct a detached garage with concrete driveway in the second front yard setback of his property located at 101 E. Maureen Drive. City Ordinance states “An accessory building may be erected or located within the second front yard on a corner lot, so long as it is not within the setback. It may be placed within the setback if approved by a conditional use permit.” The driveway portion would require a variance since it does not meet setbacks. Commissioner Heidbrink moved Commissioner Nichols seconded to approve the conditional use application for the detached garage only, to include the removal of the current detached accessory structure on the property. Motion carried.
At 7:00 p.m. Alderman Tim Jorgenson called to order the Board of Adjustment meeting.
Roll call was taken. Members present were Commissioners Brian Heidbrink, Thomas Nichols, Brookes Noem, Chuck Parsons, Rob Schoeneman and Alica Thiele. Also present were Alderman Tim Jorgenson, Building Official Paul Clarke, City Administrator Bryan Read, City Engineer Tami Jansma and Mayor Jim Heinitz.
Commissioner Parsons moved Commissioner Heidbrink seconded to approve the agenda. Motion carried.
A public hearing was held, as advertised, to consider a Variance Application for 101 E. Ponderosa Circle. Applicant Andy Ertelt was present for discussion. Andy is requesting a variance to allow a current lawn shed to remain on his property that does not meet setbacks per City Ordinance. Commissioner Heidbrink moved Commissioner Parsons seconded to deny the variance application as presented. A roll call vote showed Heidbrink, Noem, Parsons, Schoeneman, Thiele aye; Nichols nay. Motion carried.
At 7:12 p.m., having no further business, Commissioner Parsons moved Commissioner Thiele seconded to adjourn the Board of Adjustment meeting. Motion carried.
At 7:12 p.m. Alderman Tim Jorgenson reconvened the Planning & Zoning Commission meeting.
A public hearing was held, as advertised, to consider a Re-Zone Application for the property legally described as Tallgrass Addition Lot 1 Block 7. Brad Gullickson was present, representing applicant Ben Soles. This property is currently zoned R-1 Low Density Residential. Applicant is requesting R-3 High Density Residential to construct 42 townhomes. Some resident concerns were density, traffic & drainage.
Don DeJager, 504 E. Mayberry RFD Street, was present for discussion. Don discussed the proposed development with his concerns of increased traffic in the area. Don asked the Planning & Zoning Commission to deny the re-zone request.
Mike Traylor, 613 N. Tamarac Avenue, was present for discussion. Mike has concerns with looking out his back window and seeing townhomes.
Mike Toates, 500 E. Mayberry RFD Street, was present for discussion. Mike doesn’t feel this is the right location for 42 townhomes. Mike asked the Planning & Zoning Commission to deny the re-zone request.
Eric Lenz, 512 N. Sunday Drive, was present for discussion. Eric discussed developers idea of having deed restrictions on the property, and doesn’t feel that’s enough. Eric would like to see the property stay R-1 Low Density Residential.
Brad Gullickson discussed concerns with green space for children. City Engineer, Tami Jansma, explained that would be addressed during plan review with the City staff and City Ordinances as they pertain to landscaping, etc. Concerns with access off of Redwood Blvd vs. Pasque Flower Trail were discussed.
Commissioner Parsons moved Commissioner Heidbrink seconded to make a “do-pass” recommendation to City Council for the R-3 High Density Residential zoning. Motion carried.
Discussion was held on proposed changes to the Off-Street Parking zoning ordinance. Patrick Andrews, SECOG, was present. Patrick prepared a draft of recommended changes from the previous Planning & Zoning Commission meeting. A public hearing will be scheduled for the December 2, 2021 Planning & Zoning Commission meeting.
Discussion was held on changes to the Zoning Ordinance as it would pertain to a potential Core Area Zoning District. Patrick Andrews, SECOG, was present. Patrick prepared a draft of recommended changes from the previous Planning & Zoning Commission meeting. No action taken.
Building permits for October were presented: #20210543 - #20210641. No action required.
At 7:58 p.m. having no further business, Commissioner Parsons moved Commissioner Thiele seconded to adjourn the Planning & Zoning Commission meeting. Motion carried.
Respectfully Submitted,
Melissa Labahn
Recording Clerk
Tami Jansma
City Engineer
Published at the approximate cost of $57.10
Dec. 8, 2021
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Lockwood & Zahrbock Kool Law Firm
__________ Notice __________
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
ss:
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Change of Name of Z.A.X.P. (D.O.B 11/13/2015) & L.I.L.P. (D.O.B. 11/03/2016) MINOR CHILDREN and REBAKAH B. DEHAAI, Petitioner.
CIV. 21-2702
NOTICE OF HEARING
TO: RODRIGUES PERRY, RESPONDENT
A hearing on Petitioner’s Petition for Name Change of Minor Children will be held before the above-entitled Court, in the Courtroom of the Honorable John Pekas, at the hour of 11:00-11:30 o’clock, a.m., on Tuesday, the 14th day of December, 2021, at the Minnehaha County Courthouse, 425 N. Dakota Ave., Sioux Falls, South Dakota.
Dated this 11th day of October, 2021, at the City of Sioux Falls, County of Minnehaha, State of South Dakota.
/s/ Rachel Preheim
Lockwood & Zahrbock Kool Law Office
400 North Main Ave, Ste 202
Sioux Falls, SD 57104
(605) 331-3643
Attorney for Petitioner
Published four times at the approximate cost of $46.68
Nov. 17, 24, Dec. 1 & 8, 2021
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Minnehaha County
____ Fact of Adoption ____
An ordinance amending the 1990 Revised Zoning Ordinance for Minnehaha County.
The Minnehaha County Board of Commissioners adopted Ordinance MC16-172-21 on November 23, 2021. This ordinance amended Ordinance MC16-90, the 1990 Revised Zoning Ordinance for Minnehaha County by Rezoning the property legally described as Tract 4 (Ex. H-1) SE¼ Section 22 T102N-R48W, Minnehaha County, South Dakota,
from the A-1 Agricultural District to the I1 Light Industrial District,
The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.
Published twice at the total approximate cost of $14.12 .
County Auditor
Dec. 1 & 8, 2021
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Minnehaha County
__________ Notice __________
NOTICE OF INTENTION TO TAKE TAX DEED and
NOTICE THAT RIGHT OF REDEMPTION WILL EXPIRE AND TAX DEED ISSUE.
TO: The Unknown Personal Representatives, Heirs, Devisees and Legatees of Jean Quinlivan-Smith, deceased, an owner of record of the hereinafter described real property, and in whose name the property is taxed; Any Person in Possession of the herein described real property; Finance Officer, City of Sioux Falls; Norwest Mortgage; South Dakota Housing Development Authority; AAA Collections, Inc.; Rushmore Service Center; Accounts Management; State of South Dakota - Tax Lien; and to any other interested person pursuant to SDCL Ch. 10-25:
NOTICE IS HEREBY GIVEN, That the following described real property situated in the County of Minnehaha, State of South Dakota, to wit:
Parcel # 44803
LEGAL ADDRESS: The East Half (E1/2) of Lot 6 in Block 4 of Rogers Subdivision in the Southeast Quarter (SE1/4) of Section 28, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota, according to the recorded plat thereof, was sold to Minnehaha County for taxes then due and delinquent for the year 2014 at tax sale, on December 21st, 2015, by the Treasurer of Minnehaha County, South Dakota for the sum of the unpaid real property taxes assessed against the property for the year 2014 plus penalty, interest and costs. That Minnehaha County, South Dakota, is now the lawful owner and holder of tax sale certificate No. 1324.
NOTICE IS FURTHER GIVEN, That the right of redemption of said real property from said tax sale will expire sixty days from the date of the completed service of this notice as provided by law, and that unless redemption is made from said tax sale at the Office of the Minnehaha County Treasurer prior to the expiration of such time, a tax deed will be made and issued by the Minnehaha County Treasurer to Minnehaha County.
The said tax then due and delinquent with interest and costs accrued and in addition thereto, the cost of service of this notice by personal service or publication, attorney’s fees and cost of affidavit, costs of record search, together with such interest as may accrue after this date, which must be paid in order to redeem.
Dated this 30th Day of November, 2021
Minnehaha County, South Dakota
Owner of tax sale certificate
Kelli Nyhof
Deputy Treasurer
Minnehaha County
NOTICE OF INTENTION TO TAKE TAX DEED and
NOTICE THAT RIGHT OF REDEMPTION WILL EXPIRE AND TAX DEED ISSUE.
TO: The Unknown Personal Representatives, Heirs, Devisees and Legatees Donald D Graf, deceased, & Barbara S Graf, deceased, the owners of record of the hereinafter described real property, and in whose name the property is taxed; Any Person in Possession of the herein described real property; Finance Officer, City of Soux Falls; and to any other interested person pursuant to SDCL Ch. 10-25:
NOTICE IS HEREBY GIVEN, That the following described real property situated in the County of Minnehaha, State of South Dakota, to wit:
Parcel # 45696
LEGAL ADDRESS: Lot 8 in Block 2 of Schiller Park Addition to the City of Sioux Falls, according to the recorded plat thereof,
was sold to Minnehaha County for taxes then due and delinquent for the year 2011 at tax sale, on December 17th, 2012 by the Treasurer of Minnehaha County, South Dakota for the sum of the unpaid real property taxes assessed against the property for the year 2011 plus penalty, interest and costs. That Minnehaha County, South Dakota, is now the lawful owner and holder of tax sale certificate No. 1265.
NOTICE IS FURTHER GIVEN, That the right of redemption of said real property from said tax sale will expire sixty days from the date of the completed service of this notice as provided by law, and that unless redemption is made from said tax sale at the Office of the Minnehaha County Treasurer prior to the expiration of such time, a tax deed will be made and issued by the Minnehaha County Treasurer to Minnehaha County.
The said tax then due and delinquent with interest and costs accrued and in addition thereto, the cost of service of this notice by personal service or publication, attorney’s fees and cost of affidavit, costs of record search, together with such interest as may accrue after this date, which must be paid in order to redeem.
Dated this 30th Day of November, 2021
Minnehaha County, South Dakota
Owner of tax sale certificate
Kelli Nyhof
Deputy Treasurer
Minnehaha County
NOTICE OF INTENTION TO TAKE TAX DEED and
NOTICE THAT RIGHT OF REDEMPTION WILL EXPIRE AND TAX DEED ISSUE.
TO: The Unknown Personal Representatives, Heirs, Devisees and Legatees of Marilyn Andersen, deceased, the owner of record of the hereinafter described real property, and in whose name the property is taxed; Any Person in Possession of the Real Propery; Finance Officer, City of Sioux Falls; Department of Community Development; and to any other interested person pursuant to SDCL Ch. 10-25:
NOTICE IS HEREBY GIVEN, That the following described real property situated in the County of Minnehaha, State of South Dakota, to wit:
Parcel # 26157
LEGAL ADDRESS: The South 42 Feet of Lot 14 and the South 42 Feet of the West Half (W1/2) of Lot 13, Pettigrew’s Subdivision of Block 34 of Bennett’s Second Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof, was sold to Minnehaha County for taxes then due and delinquent for the year 2015 at tax sale, on December 19th, 2016, by the Treasurer of Minnehaha County, South Dakota for the sum of the unpaid real property taxes assessed against the property for the year 2015 plus penalty, interest and costs. That Minnehaha County, South Dakota, is now the lawful owner and holder of tax sale certificate No. 1064.
NOTICE IS FURTHER GIVEN, That the right of redemption of said real property from said tax sale will expire sixty days from the date of the completed service of this notice as provided by law, and that unless redemption is made from said tax sale at the Office of the Minnehaha County Treasurer prior to the expiration of such time, a tax deed will be made and issued by the Minnehaha County Treasurer to Minnehaha County.
The said tax then due and delinquent with interest and costs accrued and in addition thereto, the cost of service of this notice by personal service or publication, attorney’s fees and cost of affidavit, costs of record search, together with such interest as may accrue after this date, which must be paid in order to redeem.
Dated this 30th Day of November, 2021
Minnehaha County, South Dakota
Owner of tax sale certificate
Kelli Nyhof
Deputy Treasurer
Minnehaha County
Published twice at the approximate cost of $132.62
Dec. 8 & Dec. 15, 2021
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Brandon Valley School District
_________ Minutes _________
The regular meeting of the Brandon Valley Board of Education, Brandon, SD was held at 6:30 p.m. on the 22nd of November 2021 at the Brandon Valley High School Community Room with the following members present: Renee Ullom, Gregg Ode, Ellie Saxer, Gregg Talcott (via phone), Nick Scott. Absent: None. Also present were Superintendent Jarod Larson, Business Manager Paul Lundberg, High School Principal Mark Schlekeway, Activities Director Bill Freking, Middle School Principal Brad Thorson, Intermediate School Principal Nick Skibsted, Intermediate School Assistant Principal Rick Pearson, and Director of Instruction Sherri Nelson.
Renee Ullom called the regular meeting to order at 6:30 p.m., beginning with the Pledge of Allegiance.
Motion by Saxer, seconded by Scott to approve the agenda as amended to change Personnel Item #3 to an amended start date of 12/01/2021; change Personnel Item #4 to an amended start date of 12/01/2021; add Personnel Item #5, Approve recommendation to hire Tonya Onnen, Brandon Valley High School Night Custodian, full-time, $16.50/hour (plus $1.00/hour night differential pay), effective December 1, 2021; and lastly to add Personnel (information only) Item #3, Request for maternity leave from Cady Fischer, RBE Educational Assistant, effective on or about February 14th for 6 weeks. Motion carried.
Administrative reports were presented. Superintendent Jarod Larson reported on the following:
The COVID-19 Information Website: https://brandonvalley.k12.sd.us/covid/covid.html is the centralized communication hub. THE MESSAGE: If you are sick – stay home! COVID-19 vaccination available for children ages 5-11. Larson encouraged families to communicate with their primary care provider and make the right personal choice for their situation.
A future federal requirement for School Bus Drivers will be an entry level driver training program. This formalizes our current training procedure and also requires submission of documentation. This requirement is effective February 7, 2022, with all licensed drivers prior to that date grandfathered into the program. An up-coming BOE meeting will review and approve Entry-Level Driver Training (ELDT) Wage/Training position(s).
A District 10 & 25 Legislative breakfast is sent for Wednesday, December 8, 2021 at 7:30 a.m. The agenda for that meeting has been posted.
The initial draft of the 2022-23 Academic School Calendar is under development utilizing the Administrative Council, Teacher Liaison Council, and the Classified Council. The tentative adoption timeline is for the initial presentation held on the Monday, January 10, 2022 regular Board of Education meeting, with potential approval at the Monday, January 24, 2022 regular Board of Education meeting.
BV Listens! The BV School District will again be disseminating a work environment survey (for both certified and classified staff) in December with a January 18, 2022 deadline. This aligns with our Strategic Plan for staff development to support highly effective teachers, leaders and staff.
2021-22 School Calendar items include the following: Wednesday-Friday, November 24-26, 2021 ~ no school, Thanksgiving Break; Wednesday, December 22, 2021 ~ two-hour early dismissal; Thursday, December 23 through Friday, December 31, 2021 ~ no school, winter break; School resumes, Monday January 3, 2022; Monday, January 17, 2022 ~ no school (workshop/in-service day).
The BVHS Addition priorities include General Classrooms, Ground Floor Special Education, Science Lab Classrooms, Maximize Land Usage/ Upgrade East Facility Face, all while minimizing the impact to parking.
BVHS Additional Tentative Schedule (Overview of Important Dates)
- Thursday, January 6, 2022 ~ Release Bid Documents
- Thursday, February 10, 2022 @ 2:00 p.m. ~ Bids Due/Open Bids
- Monday, February 14, 2022 ~ Award Bid (School Board Approval)
- Monday, May 2, 2022 ~ Parking Lot Construction begins
- Parking Lot Construction to be completed by Monday, August 1, 2022
- Wednesday, June 1, 2022 ~ BVHS Additional Construction begins
- Friday, June 16, 2023 ~ Substantial Completion
- Friday, June 30, 2023 ~ Final Completion
BVHS Addition Communications / Meetings
- October ~ Buildings & Grounds Committee (with/architects)
- Classified Council Meeting(s)
- Teacher Liaison Council(s)
- Tuesday, October 26, 2021 ~ BV Chamber Event “On the Menu”
- Wednesday, November 3, 2021 ~ BVHS Staff Meeting
- Monday, November 15, 2021 @ 6:00 p.m. ~ Informational Public Meeting (BVHS Community Room)
Superintendent Larson presented the Gifted Education Programming Report and Committee Recommendations. The recommendation and consensus of this workgroup is to continue to offer Gifted Education at the Elementary, Intermediate and Middle School grade levels, focusing on an “Accelerated” English Language Arts (ELA) program. Motion by Talcott, seconded by Ode to approve the program report and committee recommendations as presented. Motion carried.
Follow the weblink (below) to review the recommendation and committee report in its entirety: https://jl163.k12.sd.us/Gifted%20Education%20Programming%20Workgroup%20R...
Superintendent Larson presented the Fourth Grade Orchestra Programming Report and Committee Recommendations. The recommendation and consensus of this workgroup is to move the start year for Orchestra from 4th grade to 5th grade. Motion by Ode, seconded by Scott to approve the program report and committee recommendations as presented. Motion carried.
Follow the weblink (below) to review the recommendation and committee report in its entirety:
https://jl163.k12.sd.us/4th%20Grade%20Orchestra%20Programming%20Workgrou...
Motion by Scott, seconded by Saxer to approve the following general business items:
1. Approve 2021-22 Brandon Valley School District Title I, Part A Program Comparability Assurance Report as presented.
2. Approve recommendation to continue Snow Removal Services with SJO, LLC, $100-$200/hour (depending upon equipment used), effective for the 2021-22 school year as presented.
3. Approve agreement by and between the Brandon Valley School District and Children’s Home Society for tuition for one student, $121.59/day, five days/week, effective July 1, 2021 to June 30, 2022, as presented.
Motion carried.
Motion by Saxer, seconded by Scott to approve the following personnel items:
1. Approve request for leave without pay by Cathy Finn, part-time BVIS Child Nutrition Worker, starting January 6, 2022, for six (6) days.
2. Approve recommendation to hire Michelle Holmquist, part-time BE Child Nutrition Worker, $14.75/hour, effective November 29, 2021.
3. Approve recommendation to hire Seth Curl, Inspiration Elementary Night Custodian, full-time, $16.50/hour (plus $1.00/hour night differential pay), effective December 1, 2021.
4. Approve recommendation to hire Seth Curl, Bus/Van Substitute Driver, paid according to the 2021-22 Transportation Hiring Schedule, effective December 1, 2021.
5. Approve recommendation to hire Tonya Onnen, Brandon Valley High School Night Custodial, full-time, $16.50/hour (plus $1.00/hour night differential pay), effective December 1, 2021.
6. Approve the following new substitutes for the 2021-22 school year as follows: Deborah Barnett, Rick Hilton, and Kelly Vellema.
Motion Carried.
The following personnel items were reviewed by the Board of Education for information only:
1. Request for maternity leave by Roxie Ohlson, BVHS Math Teacher, effective on or about April 2, 2022, for approximately seven or eight weeks.
2. Request for maternity leave from Mariah Koch, BVMS Family and Consumer Sciences/Health Education Teacher, effective on or about February 16, 2022, for 9-12 weeks.
3. Request for maternity leave by Cady Fischer, RBE Special Education Educational Assistant, effective on or about February 14, 2022 for approximately 6 weeks.
Board reports were presented. Board Member Saxer reported on the City Affairs & Legislation Committee giving an Associated School Boards of South Dakota (ASBSD) Directors and Delegate Meetings recap.
Travel Reports were reviewed.
Motion by Saxer, seconded by Scott to adjourn the meeting at 6:40 p.m. Motion carried.
Signed
Business Manager
Approved by the Board of Education this 13th day of December, 2021.
Signed
Chairperson
Published once at the approximate cost of $84.12
Dec. 8, 2021
