Legals: Jan. 12, 2022

City of Brandon

_________ Minutes _________

The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, December 30, 2021, at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, David Kull, Jack Parliament and Mayor Jim Heinitz.  Other’s present were City Administrator, Bryan H Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Public Works Director, Rollie Hoeke; Police Chief, Jamie Steffel and Fire Chief, Robert Dykstra.  Absent: Tim Jorgenson.

The Council discussed items on the agenda for the upcoming January 3, 2022, regular Council meeting. No formal action was taken. 

At 6:15 p.m., hearing no further business, the meeting adjourned.

Christina Smith

Municipal Finance Officer

Jim Heinitz 

Mayor

Published once at the appropriate cost of  $8.06

Jan 12, 2022

 

_________ Minutes _________

The Brandon City Council met in regular session at 6:00 p.m. on January 3, 2022 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson and Mayor Jim Heinitz.  Others present were:  City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; City Engineer, Tami Jansma;  Police Chief, Jamie Steffel and Public Works Director, Rollie Hoeke.  Absent: David Kull and Jack Parliament.

Alderwoman Clark moved Alderwoman David seconded to approve the agenda.  Motion carried.

Alderwoman Fish moved Alderwoman Clark seconded to approve the minutes of the December 16, 2021 briefing meeting and the minutes of the December 20, 2021 regular meeting.  Motion carried.

Alderman Jorgenson moved Alderwoman Fish seconded to approve the following claims for 2021 and 2022. Motion carried.

VENDOR, DESCRIPTION, AMOUNT; Active Network, Software, 5,681.25; Avera Medical Group, Professional Services, 435.75; Beal Distributing, GC Resale, 474.00; Blaine’s, Repairs, 70.00; Border States, Supplies, 128.98; Brandon Ace Hardware, Supplies, 1,865.59; Brandon Lumber, Repairs, 46.88; BV School District, Fuel, 3,414.24; Cardmember Services, Supplies, 6,646.58; Cintas, Mat Service, 367.17; Coffee Cup, Fuel, 98.28; Corson Village Sanitary District, December Refund, 1,091.69; Dalyce Clow, Professional Services, 65.00; DGR Engineering, Professional Services, 36,043.94; EnviroMaster, Supplies, 42.00; First Dakota Title, Fees, 31,777.81; Fleetpride, Repairs, 203.24; Geotek Engineering, Improvements, 5,490.00; Grainger, Supplies, 96.56; H2ose It Carwash, Supplies, 300.00; Hach Company, Supplies, 375.59; Infrastructure Design, Improvements, 12,454.69; Innovative Office Solutions, Supplies, 31.18; Interstate Office Products, Supplies, 172.50; Istate Truck Inc., Repairs, 573.39; Jack’s Uniforms & Equipment, Supplies, 65.94; Johnstone Supply, Repairs, 38.26; Mills & Miller, Inc., Supplies, 5,860.80; Mobile Electronic Service, Inc., Supplies, 446.34; North American Truck & Trailer, Supplies, 2,684.26; Orkin, Professional Services, 120.00; Palisades Oil Co., Fuel, 1,851.10; Palisades Propane, Utilities, 2,376.41; Performance Press, Supplies, 114.00; Pfeifer Implement, Supplies, 15.32; Running Supply, Clothing, 64.99; SD Dept. of Health, Professional Services, 150.00; Sioux Falls Humane Society, Professional Services, 238.50; Sioux Valley Energy, Utilities, 23,772.33; Soukup Construction, Repairs, 22,527.74; Staples, Supplies, 95.70; Sturdevant’s, Supplies, 474.39; Sunshine, Supplies, 420.94; Titleist, GC Resale, 195.57; Tony’s Catering, Supplies, 2,148.60; Two Way Solutions, Repairs, 102.99; Verizon, Utilities, 494.82; Vogel Motors, Supplies, 180.00; Winter Equipment Company, Supplies, 2,984.52; Xcel Energy, Utilities, 8,782.11; City Administration, December 23, 2021 Payroll, 3,485.67; Finance Office, December 23, 2021 Payroll, 4,432.77; Government Buildings, December 23, 2021 Payroll, 129.29; Engineer, December 23, 2021 Payroll, 2,225.47; Police, December 23, 2021 Payroll, 25,600.95; Building Inspections, December 23, 2021 Payroll, 3,394.84; Street Department, December 23, 2021 Payroll, 3,586.07; Park Department, December 23, 2021 Payroll, 4,395.36; Economic Development, December 23, 2021 Payroll, 593.16; Water Department, December 23, 2021 Payroll, 9,928.62; Sewer Department, December 23, 2021 Payroll, 4,209.36; Golf Course Grounds, December 23, 2021 Payroll, 1,703.30; Golf Course Lounge, December 23, 2021 Payroll, 1,576.21; Golf Course Pro Shop, December 23, 2021 Payroll, 1,988.52; Golf Course Community Room, December 23, 2021 Payroll, 973.03; 941 Payroll Taxes, December 23, 2021 Payroll, 21,816.19; SD Retirement System Supplemental, December 23, 2021 Payroll, 827.50; SD Retirement, December 23, 2021 Payroll, 24,438.06; TASC Flex Plan, December 23, 2021 Payroll, 939.35; Accounts Management, December 23, 2021 Payroll, 75.00; Direct Pay Reimbursement, Direct Pay Reimbursement, 1,234.16; VENDOR, DESCRIPTION, AMOUNT; American Water Works Association, 2022 Membership Dues, 81.00; Brandon Valley Chamber of Commerce, 2022 Event, 40.00; Delta Dental, January Premium, 2,938.80; Government FO Association, 2022 Membership Dues, 65.00; Kelly Eilers, Conference, 374.40; Leads Online LLC, Software Renewal, 1,143.00; Modern Woodmen of America, January Premium, 1,725.69; National Fire Protection Association, 2022 Membership Dues, 175.00; SESAC Inc, 2022 License, 783.00; SD Association of Code Enforcement, 2022 Membership Dues, 40.00; SD Building Officials’ Association, 2022 Membership Dues, 105.00; SD City Management Association, 2022 Membership Dues, 150.00; SD DANR, 2022 Discharge Permit, 50.00; SD Government Finance Officers, 2022 Membership Dues, 70.00; SD Governmental Human Resource, 2022 Membership Dues, 75.00; SD Municipal League, 2022 Membership Dues, 5,421.44; SD Municipal Street Maintenance, 2022 Membership Dues, 35.00; SD Police Chiefs’ Association, 2022 Membership Dues, 135.47; SDML Workers’ Compensation Fund, 2022 Renewal, 49,157.00; SDWWA, 2022 Membership Dues, 30.00; South Eastern Council of Governments, 2022 Membership Dues, 12,437.00; The J P Cooke Company, 2022 Pet Tags, 120.00; USGA, 2022 Membership Dues, 150.00; Wellmark BCBS, January Premium, 65,337.65; First National Bank, Golf Course Equipment Loan, 1,124.98; US Bank Trust, Big Sioux Lift Station Bond, 43,304.01; US Bank Trust, Core Project Ph1 Bond, 93,675.00;

Alderman Jorgenson moved Alderwoman Clark seconded to approve the consent calendar which contained the following item: a plat of Tracts 18A & 18B Hidden Valley Country Estates Addition.  Motion carried.

WATER AWARD

Mayor Heinitz read a letter from the DANR presenting the City of Brandon, Rollie Hoeke, Public Works Department, an award for meeting all the requirements of the Safe Drinking Water Act for 20 consecutive years.  A plaque was presented to Rollie Hoeke, Public Works Director, City of Brandon.  

ORDINANCE #653 - ICC CODE ADOPTION

Alderwoman Clark moved Alderman Jorgenson seconded to give second reading to Ordinance #653: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA REVISING CHAPTER 4-1-1 OF THE BRANDON MUNICIPAL CODE UPDATING THE INTERNATIONAL BUILDING CODES.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

ANIMAL CONTROL CONTRACT

The Golf Course Committee, Parks & Recreation Committee and Public Safety Committee reports were heard.  Alderwoman Clark moved Alderwoman David seconded to approve the 2022 contract with Sioux Falls Area Humane Society, as presented.  Motion carried.

RESOLUTION #01-22

The Administration Committee report was heard.  Alderwoman Fish moved Alderman Jorgenson seconded to approve Resolution #01-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION #01-22

WHEREAS, SDCL 9-14-28 requires that the governing body of every municipality shall fix and determine by ordinance or resolution, the amount of salaries and compensation of all municipal officers and the time at which the same shall be paid; and

WHEREAS, the City council shall publish the salaries for compliance with the provisions of SDCL 9-14-28 and SDCL 6-1-10

NOW, THEREFORE, BE IT RESOLVED by the Brandon City Council that the following resolution, repealing all prior salary and wage resolutions, be passed and approved. The Mayor, Council, Commissions and Committees shall be paid once a quarter and all other officers and employees shall be paid every two weeks at the following yearly salary or hourly wage for the year 2022.

COUNCIL AND MAYOR

Jim Heinitz, Mayor, $9,044.36 per year.

Dana Clark, Council Member, $5,562.64 per year.

Vickie David, Council Member, $5,562.64 per year.

Barb Fish, Council Member, $5,562.64 per year.

Tim Jorgenson, Council Member, $5,562.64 per year.

David Kull, Council Member, $5,562.64 per year.

Jack Parliament, Council Member, $5,562.64 per year.

BOARD, COMMISSION AND COMMITTEES

Barb Fish, Park Advisory Committee, $45.00 per meeting attended.

Mindy Hansen, Park Advisory Committee, $45.00 per meeting attended.

Jon Jacobson, Park Advisory Committee, $45.00 per meeting attended.

Alan Kirkeby, Park Advisory Committee, $45.00 per meeting attended.

Adam Rothenberger, Park Advisory Committee, $45.00 per meeting attended.

Leigh Zirbel, Park Advisory Committee, $45.00 per meeting attended.

Brian Heidbrink, Planning & Zoning Commission, $45.00 per meeting attended.

Tim Jorgenson, Planning & Zoning Commission, $45.00 per meeting attended.

Thomas Nichols, Planning & Zoning Commission, $45.00 per meeting attended.

Brookes Noem, Planning & Zoning Commission, $45.00 per meeting attended.

Charles Parsons, Planning & Zoning Commission, $45.00 per meeting attended.

Rob Schoeneman, Planning & Zoning Commission, $45.00 per meeting attended.

Alica Thiele, Planning & Zoning Commission, $45.00 per meeting attended.

Dana Clark, Water Conservation Committee, $45.00 per meeting attended.

Daemon Coughlin, Water Conservation Committee, $45.00 per meeting attended.

Barb Fish, Water Conservation Committee, $45.00 per meeting attended.

Trudy Papka, Water Conservation Committee, $45.00 per meeting attended.

Kevin Smith, Water Conservation Committee, $45.00 per meeting attended.

Amanda Viau, Water Conservation Committee, $45.00 per meeting attended.

PART-TIME EMPLOYEES

Monique Pardee, Office Cleaning, $20.00 per hour.

FULL-TIME EMPLOYEES

Bryan Read, City Administrator, $134,534.40 per year.

Christina Smith, Officer, $93,392.00 per year.

Tessa Wegner, Assistant Finance Officer, $24.08 per hour.

Doris Brekhus, Utility Billing Clerk, $18.47 per hour.

Tammi VanderBeek, Payroll Clerk, $23.75 per hour.

Tami Jansma, City Engineer, $84,302.40 per year.

Paul Clarke, Building Official/Code Enforcement, $38.94 per hour.

Melissa Labahn, Building Admin Assistant, $23.75 per hour.

Devin Coughlin, Parks Superintendent, $65,020.80 per year.

Cory Carlson, Parks Maintenance, $26.15 per hour.

Nicholas Gundermann, Parks Maintenance, $18.95 per hour.

Jamie Steffel, Police Chief , $102,169.60 per year.

Austin Peterson, Police Lieutenant, $40.51 per hour.

Alex Palmer, Police Sergeant, $35.79 per hour.

Andrew Bakker, Police Sergeant, $31.86 per hour.

Micha Lee Henning, Police Detective, $29.20 per hour.

Tyler Carda, Police Officer/SRO, $30.50 per hour.

Daniel Francis Jr, Police Officer, $25.37 per hour.

Zachary Hagstrom, Police Officer, $28.58 per hour.

Zachery Kieffer, Police Officer, $25.37 per hour.

Kevin Krohn, Police Officer, $21.43 per hour.

Anthony Lingen, Police Officer, $28.58 per hour.

Andrew Nygaard, Police Officer, $25.37 per hour.

Joseph Reagan, Police Officer, $24.08 per hour.

Kyle Zigan, Police Officer, $26.65 per hour.

Pam Petersen, Police Admin Assistant, $25.19 per hour.

Rollie Hoeke, Public Works Director, $96,491.20 per year.

Donovan Carpenter, Public Works Forman, $34.22 per hour.

Larry Bixby, Public Works Lead, $29.20 per hour.

Larry Bixby, Safety Coordinator, $750.00 per year.

Matt Brown, Public Works Maintenance, $22.91 per hour.

Michael Dorenkamper, Public Works Maintenance, $19.07 per hour.

Seth Goembel, Public Works Maintenance, $21.30 per hour.

Troy Hillman, Public Works Maintenance, $25.07 per hour.

Dale Kerber, PW Maintenance/Plumbing Inspector, $29.86 per hour.

Jeramie Olson, Public Works Maintenance, $22.38 per hour.

Mark Schmeling, Public Works Maintenance, $25.61 per hour.

Dustin Wagner, Public Works Maintenance, $21.84 per hour.

Andrew Bauer, Golf Course Manager, $61,360.00 per year.

Kerry Thill, GC Events Coordinator, $54,100.80 per year.

Kelly Eilers, GC Grounds Superintendent, $65,000.00 per year.

Dated this 3rd day of January 2022.

Jim Heinitz, Mayor

ATTEST:  

Christina Smith, Finance Officer

(SEAL)

SECOG BOARD APPOINTMENT

Alderman Jorgenson moved Alderwoman Fish seconded to approve the Mayoral appointment of Bryan Read to the SECOG Board, following the resignation of Dennis Olson.  Motion carried.

DISCUSSION ON 2022 PROJECTS BID DATES AND COSTS

Tami Jansma, City Engineer, presented a tentative timeline for the 2022 bidding schedule.  Alderwoman Fish moved Alderman Jorgenson seconded to approve the bidding schedule as presented.  Motion carried.

RESOLUTION #02-22

Alderwoman Fish moved Alderman Jorgenson seconded to approve Resolution #02-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION #02-22

RESOLUTION DECLARING INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF BOND SALE – 2022 WATER TREATMENT PLANT PROJECT

WHEREAS, the City of Brandon intends to reimburse expenditures associated with the 2022 Water Treatment Plant Project (the “Project”) up to an amount not to exceed $24,893,000; and

WHEREAS, The City of Brandon intends to finance the Project through tax-exempt bonds pursuant to Section 103(a) of the Internal Revenue Code in an amount not to exceed $24,893,000; and

WHEREAS, an official declaration of intent must be made prior to which the date on which an expenditure is paid.

NOW THEREFORE BE IT RESOLVED:

1. The City of Brandon does hereby declare its official intent to reimburse the expenditures with proceeds of the bond issue.

2. This Resolution is intended to be the declaration of official intent under the reimbursement regulations.  The reimbursement shall relate to the improvements above mentioned.  This intent shall be made for itself and any governmental entity issuing the bonds.

3. The maximum principal amount of debt expected to be issued for the Project is not to exceed $24,893,000.

4. This declaration of intent shall be available for public inspection.

5. This declaration of official intent is made for the purposes of complying with Sections 103(a) and 148 of the Internal Revenue Code and the regulations associated therewith.

Date this 3rd day of January, 2022.

Jim Heinitz

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

RESOLUTION #03-22

Alderwoman David moved Alderwoman Clark seconded to approve Resolution #03-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION #03-22

RESOLUTION DECLARING INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF BOND SALE – 2022 IRONWOOD EXTENSION PROJECT

WHEREAS, the City of Brandon intends to reimburse expenditures associated with the 2022 Ironwood Extension Project (the “Project”) up to an amount not to exceed $2,150,000; and

WHEREAS, The City of Brandon intends to finance the Project through tax-exempt bonds pursuant to Section 103(a) of the Internal Revenue Code in an amount not to exceed $2,150,000; and

WHEREAS, an official declaration of intent must be made prior to which the date on which an expenditure is paid.

NOW THEREFORE BE IT RESOLVED:

1. The City of Brandon does hereby declare its official intent to reimburse the expenditures with proceeds of the bond issue.

2. This Resolution is intended to be the declaration of official intent under the reimbursement regulations.  The reimbursement shall relate to the improvements above mentioned.  This intent shall be made for itself and any governmental entity issuing the bonds.

3. The maximum principal amount of debt expected to be issued for the Project is not to exceed $2,150,000.

4. This declaration of intent shall be available for public inspection.

5. This declaration of official intent is made for the purposes of complying with Sections 103(a) and 148 of the Internal Revenue Code and the regulations associated therewith.

Date this 3rd day of January, 2022.

Jim Heinitz

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

RESOLUTION #04-22

Alderwoman Clark moved Alderman Jorgenson seconded to approve Resolution #04-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION #04-22

RESOLUTION DECLARING INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF BOND SALE – CORE PHASE 2 PROJECT

WHEREAS, the City of Brandon intends to reimburse expenditures associated with the 2022 Core Phase 2Project (the “Project”) up to an amount not to exceed $5,100,000; and

WHEREAS, The City of Brandon intends to finance the Project through tax-exempt bonds pursuant to Section 103(a) of the Internal Revenue Code in an amount not to exceed $5,100,000; and

WHEREAS, an official declaration of intent must be made prior to which the date on which an expenditure is paid.

NOW THEREFORE BE IT RESOLVED:

1. The City of Brandon does hereby declare its official intent to reimburse the expenditures with proceeds of the bond issue.

2. This Resolution is intended to be the declaration of official intent under the reimbursement regulations.  The reimbursement shall relate to the improvements above mentioned.  This intent shall be made for itself and any governmental entity issuing the bonds.

3. The maximum principal amount of debt expected to be issued for the Project is not to exceed $5,100,000.

4. This declaration of intent shall be available for public inspection.

5. This declaration of official intent is made for the purposes of complying with Sections 103(a) and 148 of the Internal Revenue Code and the regulations associated therewith.

Date this 3rd day of January, 2022.

Jim Heinitz

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

RESOLUTION #05-22

Alderman Jorgenson moved Alderwoman David seconded to approve Resolution #05-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

 

 

RESOLUTION #05-22

RESOLUTION DECLARING INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF BOND SALE – WEST SIDE SEWER PROJECT

WHEREAS, the City of Brandon intends to reimburse expenditures associated with the 2022 Westside Sanitary Sewer Project (the “Project”) up to an amount not to exceed $4,000,000; and

WHEREAS, The City of Brandon intends to finance the Project through tax-exempt bonds pursuant to Section 103(a) of the Internal Revenue Code in an amount not to exceed $4,000,000; and

WHEREAS, an official declaration of intent must be made prior to which the date on which an expenditure is paid.

NOW THEREFORE BE IT RESOLVED:

1. The City of Brandon does hereby declare its official intent to reimburse the expenditures with proceeds of the bond issue.

2. This Resolution is intended to be the declaration of official intent under the reimbursement regulations.  The reimbursement shall relate to the improvements above mentioned.  This intent shall be made for itself and any governmental entity issuing the bonds.

3. The maximum principal amount of debt expected to be issued for the Project is not to exceed $4,000,000.

4. This declaration of intent shall be available for public inspection.

5. This declaration of official intent is made for the purposes of complying with Sections 103(a) and 148 of the Internal Revenue Code and the regulations associated therewith.

Date this 3rd day of January, 2022.

Jim Heinitz

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

REVISED CONTRACT WITH SD PUBLIC ASSURANCE ALLIANCE

Alderwoman Clark moved Alderwoman David seconded to approve the revised intergovernmental contract with the SD Public Assurance Alliance, as presented.  Motion carried.

RESOLUTION #06-22

Alderman Jorgenson moved Alderwoman Fish seconded to approve Resolution #06-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION #06-22

A RESOLUTION SUPPORTING REGIONAL ECONOMIC DEVELOPMENT IN THE CITY OF BRANDON’S CAPACITY AS A PARTICIPANT IN THE SIOUX METRO GROWTH ALLIANCE AND APPOINTING A REPRESENTATIVE TO ITS MEMBERSHIP ADVISORY BOARD FOR THE 2022 CALENDAR YEAR

WHEREAS, the City of Brandon (the “City”) has been an investor in the Sioux Metro Growth Alliance, a South Dakota nonprofit corporation (the “Alliance”), since its formation on June 6, 2021;

WHEREAS, the City, through its partnership with the Alliance, works to develop new economic opportunities and improve access to those opportunities for all residents of the Sioux Metro, including those of the City;

WHEREAS, the City, through its investment in the Alliance, supports and welcomes the Alliance’s economic development programming, designed to create more investment, jobs, and opportunities, both within and without the geographic bounds of the City;

WHEREAS, the Alliance has created a Membership Advisory Board (the “Board”) where its member investors may appoint representatives to help guide the programming of the Alliance;

WHEREAS, the City would like to exercise its option to appoint a representative and an alternate to the Board to provide guidance to the Alliance’s programs throughout 2022.   

NOW, THEREFORE:

BE IT RESOLVED BY THE CITY OF BRANDON, SOUTH DAKOTA, that Bryan Read, its City Administrator is appointed to represent the City as its representative on the Board through December 31, 2022.

FURTHER RESOLVED, that Bryan Read is expected to attend each regularly scheduled Board meeting to represent the City’s economic development interests.

FURTHER RESOLVED, that if Bryan Read is unable to attend a Board meeting, the City appoints Christina Smith, its Finance Officer as its alternate.

Mayor

ATTEST:

City Clerk

SDDOT 5310 GRANT AGREEMENT FOR TRANSIT SYSTEM

The Streets Committee report was heard.  Alderwoman Clark moved Alderman Jorgenson seconded to approve the SDDOT 5310 grant agreement for the transit system, as presented.  Motion carried.

SDDOT 5311 ARPA GRANT AGREEMENT FOR TRANSIT SYSTEM

Alderwoman Clark moved Alderman Jorgenson seconded to approve the SDDOT 5311 grant agreement for the transit system, as presented.  Motion carried.

RESOLUTION #07-22

The Water & Sewer Committee report was heard.  Alderman Jorgenson moved Alderwoman Clark seconded to approve Resolution #07-22.  A roll call vote showed Clark, David, Fish, Jorgenson aye.  Motion carried.

RESOLUTION NO. 07-22

RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AUTHORIZED REPRESENTATIVES TO CERTIFY AND SIGN PAYMENT REQUESTS.

WHEREAS, the City of Brandon (the “City”) has determined it is necessary to proceed with improvements to its Drinking Water System, including but not limited to the Water Infrastructure Improvements (the “Project”); and 

WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and

WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project,

NOW THEREFORE BE IT RESOLVED by the City as follows:

1.  The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $ 24,893,000 to the Board for the Project.

2.  The Mayor and Council President are hereby authorized to execute the Application and submit it to the Board, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance.

3.  The Mayor and Council President are hereby designated as authorized representatives of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project.

Adopted at Brandon, South Dakota, this 3rd day of January 2022.

APPROVED: 

Mayor – Jim Heinitz

City of Brandon

(Seal)

Attest:  

City Finance Officer – Christina Smith

At 6:26 p.m. on a motion by Alderwoman Clark seconded by Alderwoman David the meeting was adjourned.  Motion carried.

Melissa Labahn

Municipal Recording Clerk

Jim Heinitz 

Mayor

Published once at the approximate cost of $240.19

Jan 12, 2022

 

_____ ORDINANCE #653 ______

AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA REVISING CHAPTER 4-1-1 OF THE BRANDON MUNICIPAL CODE UPDATING THE INTERNATIONAL BUILDING CODES.

WHEREAS, the City Council of the City of Brandon finds it necessary to update to the latest addition of the building code.

THEREFORE BE IT ORDAINED that Chapter 4-1-1 of the Brandon Municipal Code be revised as follows:

BUILDING CODES

There is hereby adopted by the City of Brandon for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures including permits and penalties, the certain codes known as the: 2021 International Residential Code (and amendments); 2021 International Existing Building Code (and amendments); 2021 International Building Code (and amendments); 2021 Property Maintenance Code, (and amendments), 2021 International Pool and Spa Code (and amendments).

The following will be adopted in their entirety without amendments: 2020 National Electrical Code, 2021 International Mechanical Code, 2021 International Fuel/Gas Code„ 2021 International Fire Code.

A copy the above listed Codes (and amendments) are filed in the office of the Brandon Building Inspector of the City of Brandon and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City of Brandon.

Adopted this 3rd day of January, 2022.

Jim Heinitz                                                                                            

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

First Reading:  December 20, 2021

Second Reading: January 3, 2022

Published: January 12, 2022

Effective Date: February 2, 2022

Published twice at the approximate cost of $20.80

Jan 12, 2022

 

____ Advertisement ____ 

____ for bids ____

SECTION 00 1113

ADVERTISEMENT FOR BIDS

BRANDON GOLF COURSE RETAINING WALL IMPROVEMENTS

CITY OF BRANDON

BRANDON, SOUTH DAKOTA

ENGINEER PROJECT NO. 21-25492

General Notice

City of Brandon (Owner) is requesting Bids for the construction of the following Project:

Brandon Golf Course Retaining Wall Improvements

Engineer Project No. 21-25492

Bids for the construction of the Project will be received at the office of the Owner located at 304 MainAvenue, Brandon, SD 57005, until Wednesday, February 1, 2022 at 10:00 a.m. local time. At that time the Bids received will be publicly opened at 308 Main Avenue and read immediately thereafter.

The project includes the following Work:

Retaining wall and paving removals; concrete retaining wall, guardrail, concrete pavement, concrete curb and gutter, asphalt paving, and storm sewer construction; grading; turf restoration; and audio/video improvements

Obtaining the Bidding Documents

The contract documents may be examined at the following locations:

City of Brandon

304 S Main Avenue

Brandon, SD 57005

(605) 582-6515

ISG

101 S Reid Street, Suite 202

Sioux Falls, SD 57104

(605) 274-6401

Information and Bidding Documents for the Project can be found at the following designated website:

Quest Construction Data Network (QuestCDN)

www.questcdn.com

The QuestCDN eBidDoc number is 8097595. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or info@questcdn.com.

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Bidding Documents may be purchased for download online at the designated website for a fee of $20. Resident South Dakota contractors who intend, in good faith, to bid upon this project may obtain a paper set of these documents free of charge. Non-resident contractors may receive these documents upon payment of $100.00, none of which is refundable.

Construction Services in South Dakota are subject to tax under SDCL 10-46A. Contractors shall include the applicable tax in their bid price for each item of work. Tax questions should be directed to the South Dakota Department of Revenue at 800-829-9188.

Bid shall be submitted on the prescribed form.

The submittal of the Bid will constitute an incontrovertible representation by Bidder that the Bidder has examined carefully the bidding documents, visited the site, is familiar with the local conditions under which the work is to be performed, and correlated bidder’s observation with the requirements of the bidding documents.

Each bid shall be accompanied by a Bid Security as specified in the bidding documents. Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time.

The City of Brandon reserves the right to retain the bid security of the three lowest bidders for a period not to exceed 30 days after the date and time set for opening of the bids. The City of Brandon reserves the right to reject any and all bids or any parts thereof.

Instructions to Bidders

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Brandon

By: Tami Jansma

Title: City Engineer

Publication Dates: January 12, 2022 and January 19,2022

END OF ADVERTISEMENT FOR BIDS

Project No. 21-25492

Section 00 1113 - Page 2 of 2

Brandon Golf Course Retaining Wall Improvements

Published twice at the appropriate cost of  $82.37

Jan. 12 & 19, 2022

 

_________ Minutes _________

PLANNING & ZONING COMMISSION

The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on December 2, 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 Parsons moved Commissioner Schoeneman seconded to approve the consent calendar which contained the following items: a plat of The Bluffs Addition Lot 6A Block 15; a plat of Brandon Park Addition Lot 3A Block 17; a plat of Grand View Heights Addition Tracts 2B & 9; a plat of Palisades Substation Addition Tract 1 and a plat of Tallgrass Addition Lot 14 Block 6.  Motion carried.

Commissioner Thiele moved Commissioner Nichols seconded to approve the minutes of the November 4, 2021 regular meeting, as amended.  Motion carried.

A public hearing was held, as advertised, to consider Ordinance #652: Off-Street Parking amendment to the Zoning Ordinance.  Commissioner Heidbrink moved Commissioner Nichols seconded to approve Ordinance #652 as presented, and made recommendation of “Do-Pass” to City Council.  Motion carried.

At 6:38 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 Nichols moved Commissioner Noem seconded to approve the agenda.  Motion carried.

A public hearing was held, as advertised, to consider a Variance Application for 2820 E. Augusta Circle.  Applicant Aaron Goodell was present for discussion.  Aaron constructed a lawn shed/dog kennel in his rear yard, without a building permit, which is located in an easement and does not meet setbacks per the Zoning Ordinance.  Commissioner Parsons moved Commissioner Heidbrink seconded to deny the variance application as presented.  Motion carried.

At 6:54 p.m., having no further business, Commissioner Parsons moved Commissioner Heidbrink seconded to adjourn the Board of Adjustment meeting.  Motion carried.

At 6:54 p.m. Alderman Tim Jorgenson reconvened the Planning & Zoning Commission meeting.

Commissioner Parsons moved Commissioner Heidbrink seconded to make recommendation to the City Council for approval of the ICC (International Code Council) Adoption Documents as presented.  Motion carried.

Building permits for November were presented: #20210642 - #20210666.  No action required.

At 7:11 p.m. having no further business, Commissioner Noem moved Commissioner Thiele seconded to adjourn the Planning & Zoning Commission meeting.  Motion carried.

Respectfully Submitted,

Melissa Labahn

Recording Clerk

Bryan Read

City Administrator

Published once at the approximate cost of $30.53

Jan 12, 2022

 

City of Valley Springs

___ PROPOSED AGENDA ____

CITY OF VALLEY SPRINGS 

BOARD OF COMMISSIONERS 

615 BROADWAY AVE

JANUARY 11, 2022

6:00 PM

Call to Order

Approval of Agenda

Approval of November 29, December 15 & 27, 2021 and January 4, 2022 Minutes

Approval of December Claims and Payroll

Approval of Cash Report

Public Comment

City Engineer Report

Old Business 

New Business

(a) 2022 Humane Society Contract

(b) 2022 Med Star Agreement

Public Works Report

Finance Officer Report

City Attorney Report

Commissioner Report

Adjourn

The next regular meeting of the Valley Springs Board of Commissioners will be held on February 8, 2022 at 6:00 pm at the Valley Springs American Legion, 615 Broadway Avenue.

Published once at the approximate cost of $10.56

Jan 12, 2022

 

_________ Minutes _________

SPECIAL MINUTES

BOARD OF COMMISSIONERS

CITY OF VALLEY SPRINGS 

1000 BROADWAY AVE

NOVEMBER 29, 2021  6 pm

Mayor Carl Moss called the meeting to order at 6 pm for personnel reasons.  Present:  Commissioners Helgeson, Schmidt, Severtson and Staeffler.  A motion was made by Severtson at 6:01 to go into executive session.  Seconded by Schmidt.  All voted yes.  Motion carried.

EXECUTIVE SESSION SDCL 1-25-2(1) Personnel 1-25-2 Discussing the qualifications, competence, performance, character or fitness of any public officer or prospective public officer or employee.  A motion was made by Helgeson to come out of executive session at 6:28 pm, seconded by Severtson.  

All voted yes.  Motion carried.

A motion was made by Helegson, seconded by Severtson to accept Ginger Miller’s resignation as Finance Officer as of November 29, 2021.  All voted yes.  Motion carried.  The position will be advertised until December 27th.  The next regular meeting is set for December 15th at 6 pm at the VS American Legion.  A motion to adjourn was made by Severtson and seconded by Schmidt.  All voted yes.  Motion carried.

Carl Moss, Mayor 

Published once at the approximate cost of $11.23

Jan 12, 2022

 

_________ Minutes _________

CITY OF VALLEY SPRINGS

BOARD OF COMMISSIONERS

REGULAR SESSION MINUTES

DECEMBER 15, 2021

AMERICAN LEGION

The Board of Commissioners of the City of Valley Springs met in Regular Session on December 15, 2021 at 6:00 at the VS American Legion.  Mayor Carl Moss called the meeting to order at 6 pm.

Present:  Mayor Moss, Commissioner’s Helgeson, Schmidt, Severtson and Staeffler.  Also present:  City Maintenance Blaine Eilts and City Engineer Gabe Laber.  Absent:  Attorney Patrick Glover.

No Minutes were presented.

No Claims or Payroll were presented.

No Finance Report was presented.

Public Comment.

The City Engineer gave an update on the Utilities Improvement Project.  The Board discussed other ideas to put on the State Water Plan for another available grant.  Most items discussed were already on the State Water Plan.

No Old Business.

New Business:

A motion was made by Severtson and seconded by Helgeson to place Ordinance #357 on it’s seconding reading.  Roll call vote:  (Ayes) Helegson, Schmidt, Staeffler and Severtson.  Motion carried.

Blaine gave the Maintenance Report.  Various items were discussed.

No City Attorney report.

No Commissioner reports.

A motion was made by Helgeson to go into executive session for Personnel reasons at 6:44.  Motion seconded by Schmidt.  All voted yes.  Motion carried.

EXECUTIVE SESSION SDCL 1-25-2(1) Personnel 1-25-2 Discussing the qualifications, competence, performance, character or fitness of any public officer or prospective public officer or employee.  A motion was made by Helgeson to come out of executive session and seconded by Staeffler.  All voted yes.  Motion carried.

A motion was made by Helegson, seconded by Staeffler to increase Blaine Eilts hourly wage to $22.50 due to the fact that he had finished his certifications.  All voted yes.  Motion carried.

A motion was made by Helgeson and seconded by Staeffler to adjourn.  All voted yes.  Motion carried.

Carl Moss, Mayor 

Published once at the approximate cost of $19.87

Jan 12, 2022

 

_________ Minutes _________

SPECIAL MEETING MINUTES

CITY OF VALLEY SPRINGS 

BOARD OF COMMISSIONERS

1000 BROADWAY AVE

DECEMBER 27, 2021

6:00 PM 

Mayor Carl Moss called the meeting to order at 6:00 pm.  Present :  Mayor Moss, Commissioners Schmidt, Severtson and Staeffler.  Absent:  Commissioner Helgeson.  Also present:  Gabe Labor, City Engineer and Blaine Eilts.  A motion was made by Staeffler to approve the agenda.  Seconded by Schmidt.  All voted yes.  Motion carried.

Gabe gave an update on the Utilities Improvement Project.  He stated that the project will not be closed out by the end of the year, as planned.  Additional items to include on the State Water Plan were discussed.  Constructing two new Well Houses will be added to the plan.  All other items discussed are already included on the State Water Plan.  Gabe also mentioned that the new census population is 885.

 A motion was made by Schmidt to go into executive session at 6:50 pm.  Motion seconded by Staeffler.  All voted yes.  Motion carried.  EXECUTIVE SESSION SDCL 1-25-2(1) Personnel 1-25-2 Discussing the qualifications, competence, performance, character or fitness of any public officer or prospective public officer or employee.  A motion was made by Staeffler to come out of executive session at 7:06 pm.  Motion seconded by Severtson.  All voted yes.  Motion carried.

A moiton was made by Schmidt to terminate Linda Hunnel’s employment as of December 2, 2021.  Motion seconded by Staeffler.  All voted yes.  Motion carried.  

A motion to increase Sandy Namanny’s hourly wage to $16.50 was made by Severtson.  Motion seconded by Staeffler.  All voted yes.  Motion carried.

A special meeting to interview applicants for the Finance Officer’s position was scheduled for January 4, 2022 beginning at 6 pm.

A motion to adjourn was made by Staeffler and seconded by Schmidt.  All voted yes.  Motion carried.

Carl Moss, Mayor 

Published once at the approximate cost of $18.14

Jan 12, 2022

 

_________ Minutes _________

SPECIAL MEETING MINUTES

CITY OF VALLEY SPRINGS

BOARD OF COMMISSIONERS

401 BROADWAY AVE

JANUARY 4, 2022

6:00 PM

Mayor Carl Moss called the meeting to order at 6:00 pm.  Present:  Mayor Moss, Commissioners Helgeson, Schmidt, Severtson and Staeffler.  A motion was made by Helgeson to approve the agenda to interview applicants for the Finance Officer’s position.  Motion seconded by Schmidt.  All voted yes.  Motion carried.

A motion was made by Severtson to go into executive session at 6:04 pm.  Motion seconded by Staeffler.  All voted yes.  Motion carried.  EXECUTIVE SESSION SDCL 1-25-2 (1) Personnel 1-25-2 Discussing the qualifications, competence, performance, character or fitness of any public officer or prospective public officer or employee.  A motion was made by Severtson to come out of executive session at 6:58 pm.  Motion seconded by Helgeson.  All voted yes.  Motion carried.

A motion was made by Schmidt to offer the Finance Officer position to Samantha Boyer with the hourly wage being $20 and the start date January 10, 2022.  Motion seconded by Helgeson.  All voted yes.  Motion carried.  Samantha was contacted by phone and accepted the offier.

A motion to adjourn was made by Helgeson.  Motion seconded by Severtson.  All voted yes.  Motion carried.

Carl Moss, Mayor 

Published once at the approximate cost of $13.25

Jan 12, 2022

 

`Red Rock Township

__________ Notice __________

Notice is hereby given that any township citizen wishing to run for a township office in Red Rock Township, Minnehaha County, South Dakota, must submit a petition to the office they wish to run for. At the annual meeting on Tuesday, March 1st, 2022 votes will elect one supervisor, one treasurer, and one clerk. Petitions are available from the township clerk and must be received by the clerk on or before Friday, February 4, before 5 p.m., 2022. 

James Andersen, Clerk

Red Rock Township

25913 485th Ave.

Valley Springs, SoDak. 57068

Phone (605) 582-3856

Published twice at the approximate cost of $12.10

Jan 5 & 12, 2022

Notice of Name

STATE OF SOUTH DAKOTA

COUNTY OF Minnehaha

SS:

IN CIRCUIT COURT

2ND JUDICIAL CIRCUIT

In the Matter of the Petition of Kyle Konrad Kruger

For a Change of Name to

Kassandra Jillian Kruger

CIV: 21-3412

NOTICE OF HEARING

FOR ADULT NAME CHANGE

NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Kyle Konrad Kruger the object and prayer of which is to change Petitioner’s name from Kyle Konrad Kruger to Kassandra Jillian Kruger. On the 8th day of February, 2022, at the hour of 11:00 am said verified petition will be heard by this Court before the Honorable Theeler Presiding, at the Court Room 4B 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 28th day of December, 2021 at Sioux Falls, South Dakota.

ATTEST: Angelia M. Gries

Clerk of Court

Published four times at the approximate cost of $40.26

Jan 5, 12, 19 & 26, 2022

Split Rock Township

__________ Notice __________

NOTICE TO FILE

NOMINATING PETITIONS

FOR SPLIT ROCK TOWNSHIP

Notice is hereby given that pursuant to SDCL 8-3-1.3, the elected positions of Treasurer,  Clerk, and one seat on the Board of Supervisors will be voted upon at the 2022 Annual Meeting of the Electors of Split Rock Township in Minnehaha County, South Dakota. Nominating Petitions may be obtained  from the Township clerk at 8101 E. 38th St., Sioux Falls, SD 57110.  A nominating petition must be circulated no sooner than 45 days prior  to the annual meeting, or, no  sooner than Saturday,  January 15, 2022 and must  contain the signatures of at least ten qualified electors of the Township as required by SDCL 8-3-1.2, and must be completed and filed with Pam Kolseth, Township Clerk, 8101 E. 38th Street, Sioux Falls, SD  57110, no later than 5 o’clock p.m. on  Friday, February 4, 2022.

The Annual Meeting will be Tuesday, March 1, 2022 at 7:00o’clock p.m. at the Split Rock Township Volunteer Fire Department Fire Station located at 7201 East Arrowhead Parkway in Split Rock Township.

Dated this 5th day of 

January, 2022. 

Published twice at the appropriate cost of  $20.74.

Jan. 5 & 12, 2022

Brandon Township

______ Notice TO FILE ______

NOMINATING PETITIONS FOR BRANDON TOWNSHIP

Notice is hereby given that pursuant to SDCL 8-3-1.3, the elected positions of Treasurer, Clerk, and one seat on the Board of Supervisors will be voted upon at the 2022 Annual Meeting of the Electors of Brandon Township in Minnehaha County, South Dakota. Nominating Petitions may be obtained from the Brandon Township website at www.brandontownshipsd.com. A nominating petition must be circulated no sooner than 45 days prior to the annual meeting, or, no sooner than Saturday, January 15, 202 and must contain the signatures of at least ten qualified electors of the Township as required by SDCL 8-3-1.2, and must be completed and filed with Elizabeth Aaker, Township Clerk, 2215 E Redwood Blvd, Brandon, SD 57005, no later than 5 o’clock p.m. on  Friday, February 4, 2022. The Annual Meeting will be Tuesday, March 1, 2022 at 7:00 o’clock p.m. at the Brandon Township Hall located at 25993 482nd Ave Corson, SD 57005.

Dated this 5th day of January, 2022. 

Published twice at the approximate cost of $19.01

Jan 5 & 12, 2022

Christopherson,

 Anderson, Paulson 

& Fideler, LLP

___ Notice to creditor ___

STATE OF SOUTH DAKOTA )

COUNTY OF MINNEHAHA )

:SS

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

49 PRO. 20-213

IN THE MATTER OF THE ESTATE OF

RONALD J. CONKLING, Deceased.

NOTICE TO CREDITORS

Notice is given that on August 14, 2020, Charles H. Tanck and Catherine A. Tanck, were appointed as co-personal representatives of the estate of Ronald J. Conkling. 

Creditors of the decedent must file their claims within four months after the date of the first publication of this notice or their claims may be barred. 

Claims may be filed with the co-personal representatives or may be filed with the Clerk, and a copy of the claim mailed to the co-personal representatives. Claims may be filed with the co-personal representatives addressed as follows: Charles H. Tanck and Catherine A. Tanck c/o Martin Oyos, 426 E. 8th St., Sioux Falls, SD 57103.

Dated this 3rd day of January 2022.

/s/ Charles H. Tanck   /s/ Catherine A. Tanck

Clerk of Circuit Court

Minnehaha County Courthouse

425 N. Dakota Ave.

Sioux Falls, SD 57104

(605) 367-5900

Martin P. Oyos

Christopherson, Anderson, Paulson & Fideler, LLP

426 E. 8th St. 

Sioux Falls, SD 57103-7025

(605) 336-1030

Attorneys for Personal Representatives 

Published three times at the approximate cost of $40.77

Jan 5, 12 & 19, 2022

 

___ Notice to creditor ___

Ronald J. Conkling, Settlor of the Ronald J. Conkling Living Trust, died on May 1, 2020. Charles H. Tanck and Catherine A. Tanck are the successor co-trustees of said trust.

Creditors of Ronald J. Conkling, the deceased Settlor, must present their claims to the successor co-trustees within four months after the date of the first publication this this notice or any claim or collections efforts which otherwise could have been asserted or enforced against the trust or assets therof may be barred. Said claims must be presented in accordance with any of the methods set forth in SDCL 55-4-58.

Creditors may deliver or mail to the co-trustees a written statement of the claim addressed to: Charles H. Tanck and Catherine A. Tanck, co-trustees, c/o Martin P. Oyos, Christopherson, Anderson, Paulson & Fideler, LLP, 426 E. 8th St., Sioux Falls, SD 57103.

Dated this 3rd day of January 2022.

/s/ Charles H. Tanck   /s/ Catherine A. Tanck

Martin P. Oyos

Christopherson, Anderson, Paulson & Fideler, LLP

426 E. 8th St.

Sioux Falls, SD 57103

(605) 336-1030

Attorneys for co-trustees

Published three times at the approximate cost of $30.78

Jan 5, 12 & 19, 2022

 

___ Notice to creditor ___

Rachel L. Conkling, Settlor of the Rachel L. Conkling Living Trust, died on November 16, 2019. Charles H. Tanck and Catherine A. Tanck are the successor co-trustees of said trust.

Creditors of Rachel L. Conkling, the deceased Settlor, must present their claims to the successor co-trustees within four months after the date of the first publication of this notice or any claim or collections efforts which otherwise could have been asserted or enforced against the trust or assets thereof may be barred. Said claims must be presented in accordance with any of the methods set forth in the SDCL 55-4-58. 

Creditors may deliver or mail to the co-trustees a written statement of the claim addressed to: Charles H. Tanck and Catherine A. Tanck, co-trustees, c/o Martin P. Oyos, Christopherson, Anderson, Paulson & Fideler, LLP, 426 E. 8th St., Sioux Falls, SD 57103

Dated this 3rd day of January 2022.

/s/ Charles H. Tanck /s/ Catherine A. Tanck

Martin P. Oyos

Christopherson, Anderson, Paulson & Fideler, LLP

426 E 8th St. 

Sioux Falls, SD 57103

(605) 336-1030

Attorneys for co-trustees

Published three times at the approximate cost of $30.78

Jan 5, 12 & 19, 2022

 

Minnehaha County

__________ Notice __________

NOTICE OF SALE OF COUNTY SURPLUS PROPERTY

Notice is hereby given that Minnehaha County will hold a public auction of surplus property at www.purplewave.com. The auction will take place on Tuesday, January 25th, 2022.

The following items will be auctioned: 

 A 2014 Dodge Charger VIN #2C3DXKTEH279868. A 2014 Dodge Charger VIN #2C3DXKT1EH79869. A 2017 Ford Explorer VIN #1FM5K8AR2HGC90753. A 2004 Dodge Durango VIN #1D4HB38N44F136572. A 2013 Dodge Charger VIN #2C3CDXAG9DH648335. A 2016 Dodge Charger VIN #2C3CDXKT4GH211746. A 2012 Dodge Charger VIN #2C3CDXAG4CH196521. A 2016 Dodge Charger VIN #2C3CDXKT2GH211745. A 2016 Dodge Charger VIN #2C3CDXKT0GH211744. A 2007 Dodge Durango VIN #1D8HB38P87F539510. A 2001 Ford E-350 Van VIN #1FTSS34S91HB23878.

Items will be available for review at www.purplewave.com.  All items are subject to sales tax.  All items are sold as is, where is, and must be removed from the auction site and payment made as per Purplewave’s direction.

Additional information may be obtained by contacting Minnehaha County Sheriff’s Office Captain Joe Bosman at 605-978-5522, or by visiting the Purplewave webpage at www.purplewave.com and viewing the January 25th  sale information.

Dated this 21st day of December, 2021

Ben Kyte, 

County Auditor

Published at the approximate cost of $15.68

Jan 12, 2022

 

____ Notice to Bidders ___

MC22-01 Chip Sealing and Crack Sealing

PROJECT DESCRIPTION 

This project consists of crack sealing and chip sealing approximately 17.44 miles of 2-lane highway in Minnehaha County. Work consists of routing and sealing existing cracks, chip sealing the existing asphalt surfacing, fog sealing the new chip seal, and new striping. 

Sealed bids shall be received by Minnehaha County Auditor’s Office, 415 N Dakota Avenue, Sioux Falls, SD  57104, not later than 10:15 a.m. Wednesday, January 26, 2022. Bids shall be publicly opened and read at the Auditor’s Office at 10:30am.

Specifications and proposal forms that must be used are available at Minnehaha County Highway Department located at 2124 E 60th Street North, Sioux Falls, SD  57103. Bids submitted on forms other than the proposal supplied by the Minnehaha County Highway Department will be irregular and will not be considered.

Minnehaha County reserves the right to reject any or all bids, waive technicalities, and make award(s) as deemed to be in the best interest of the County.

Published at the approximate cost of $11.20

Jan 12, 2022

 

____ Notice to Bidders ___

MC22-02 Micro-surfacing and Crack Sealing

PROJECT DESCRIPTION 

This project consists of crack sealing and micro-surfacing approximately 24.58 miles of 2-lane highway in Minnehaha County. Alternate 1 includes an additional 5 miles. Work consists of routing and sealing existing cracks, micro-surfacing the existing asphalt surfacing, grinding rumble stripes, fog sealing the rumble stripes, and new striping. 

Sealed bids shall be received by Minnehaha County Auditor’s Office, 415 N Dakota Avenue, Sioux Falls, SD  57104, not later than 10:15 a.m. Wednesday, January 26, 2022. Bids shall be publicly opened and read at the Auditor’s Office at 10:30am.

Specifications and proposal forms that must be used are available at Minnehaha County Highway Department located at 2124 E 60th Street North, Sioux Falls, SD  57103. Bids submitted on forms other than the proposal supplied by the Minnehaha County Highway Department will be irregular and will not be considered.

Minnehaha County reserves the right to reject any or all bids, waive technicalities, and make award(s) as deemed to be in the best interest of the County. 

Published at the approximate cost of $11.84

Jan 12, 2022

 

 

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on January 4, 2022, pursuant to adjournment on December 28, 2021. Commissioners present were: Barth, Bender, Beninga, Heiberger, and Karsky.  Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State’s Attorney

MOTION by Beninga, seconded by Barth to approve the agenda. 5 ayes

ELECTION OF 2022 CHAIR AND VICE CHAIR 

2021 Commission Chair Karsky called for nominations for the 2022 Commission Chair. MOTION by Bender, seconded by Barth, to nominate Cindy Heiberger as Commission Chairperson for 2022. Roll Call Vote to elect Cindy Heiberger as the 2022 Commission Chair. By roll call vote: 5 ayes

Chair Heiberger called for nominations for the 2022 Commission Vice-Chair, MOTION by Beninga, seconded by Barth, to nominate Jean Bender as Commission Vice-Chairperson for 2022. Roll Call vote to elect Jean Bender as the 2022 Commission Vice Chair. By roll vote: 5 ayes.

DESIGNATION OF OFFICIAL NEWSPAPERS 

Tyler Klatt, Assistant Commission Administrative Officer, was present to report on proposals received from the Argus Leader, Brandon Valley Journal, Garretson Gazette, and the Minnehaha Messenger for designation as official county newspapers. The proposal from the Argus Leader include a rate of $0.27 per line. The proposals from the Brandon Valley Journal, Garretson Gazette, and Minnehaha Messenger each included a rate of $0.32 per line for meeting minutes and $0.35 per line for other notices. MOTION by Barth, seconded by Bender, to designate the Argus Leader, the Brandon Valley Journal, the Garretson Gazette, and the Minnehaha Messenger as official newspapers for Minnehaha County in 2022. By roll call: 5 ayes. Garrick Moritz, Garretson Gazette Owner; Jill Meier, Brandon Valley Journal Publisher/General Manager; and Lisa Miller, New Century Press General Manager, were present and thanked the Commission for supporting small newspapers. Nicole Ki, Argus Leader reporters, was present and also thanked the Commission for the support. 

HIGHWAY SUPERINTENDENT APPOINTMENT 

Carol Muller, Commission Administrator Officer, presented a recommendation to appoint Steve Groen as Minnehaha County Highway Superintendent for 2022-2023. MOTION by Beninga, seconded by Karsky, to approve appointment of Steve Groen as Minnehaha County Highway Superintendent for 2022-2023. By roll call vote: 5 ayes.

RECORD OF NON-ELECTED DEPARTMENT HEADS 

Carol Muller presented the list of non-elected Department Heads, as of January 1, 2022.

Carol Muller - Commission Office

Chris Lilla - Equalization

Mark Kriens - Facilities

Carey Jo Deaver - Human Resources

Kari Benz - Human Services    

Monte Watembach - Information Technology      

Jamie Gravett - Juvenile Detention Center

Bill Hoskins - Museum

Scott Anderson - Planning & Zoning/Parks

Julie Hofer - Public Advocate

Traci Smith - Public Defender  

CORONER APPOINTMENT

Upon the request of Carol Muller, Commission Administrative Officer, MOTION by Bender, seconded by Barth, authorizing the appointment of the Minnehaha County Coroner. By roll call vote: 5 ayes.

RESOLUTION MC22-01

AUTHORIZING THE APPOINTMENT OF THE MINNEHAHA COUNTY CORONER

WHEREAS, the Legislature of the State of South Dakota adopted SDCL § 7-7-1.4 which established that the board of county commissioners in any county with a population of seventy-five thousand or more may, by resolution, appoint a coroner who shall serve at the pleasure of such board;

WHEREAS, The Minnehaha County Board of Commissioners previously appointed Dr. Kenneth S. Snell, a duly qualified medical pathologist, to perform the duties of the Minnehaha County Coroner and to serve in the capacity of Medical Examiner for a one-year term in 2021;

WHEREAS, The Minnehaha County Board of Commissioners wish to re-appoint Dr. Snell in 2022 in order to satisfy the intent of the statutes for Coroner;

NOW THEREFORE, BE IT RESOLVED, that the Minnehaha County Board of Commissioners hereby appoint Dr. Kenneth S. Snell as Coroner for Minnehaha County for a one-year term beginning on January 1, 2022 and ending on December 31, 2022.

Dated this 4th day of January, 2022.

APPROVED BY THE COMMISSION:

Cindy Heiberger

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

COMMISSION SALARY

Carol Muller, Commission Administrative Officer, gave a briefing on the determination of the 2022 salary for Minnehaha County Commissioner. To accommodate the payroll system, a salary of $31,262.40 for non-chair Commissioners and $32.780.80 for the Chair would be divisible number for the 26 pay periods in 2022. This would be an increase of  5% for the Commissioners. MOTION by Barth, seconded by Karsky, to elect a salary and approve Resolution MC 22-02. By roll call vote: 5 ayes.

RESOLUTION MC22-02

A RESOLUTION TO ELECT SALARY, RATHER THAN PER DIEM METHOD OF PAYMENT TO COUNTY COMMISSIONERS, AND SET THE 2022 ANNUAL SALARY AT $31,262.40 EXCEPT FOR THE SALARY OF THE CHAIR OF THE BOARD OF COMMISSIONERS WHICH WILL BE SET AT $32,780.80

WHEREAS, during the first regular business meeting of 2022 the Minnehaha County Board of Commissioners, the Board considered and approved the following action regarding Commission salaries;

BE IT RESOLVED BY THE MINNEHAHA COUNTY BOARD OF COMMISSIONERS, pursuant to SDCL 7-7-5 the Minnehaha County Board of Commissioners set the following salaries for Commissioners: the salaries for the four part-time non-chair Commissioners will be $31,262.40.  The 2022 annual salary for the part-time Chairperson of the Board of Commission will be $32,780.80.  

Dated this 4th Day of January, 2022

APPROVED BY BOARD OF COUNTY COMMISSIONERS

Cindy Heiberger 

CHAIR

ATTEST:  Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

CONSENT AGENDA

MOTION by Karsky, seconded by Barth, to approve the consent agenda. By roll call vote: 5 ayes. The consent agenda contains the following items: 

a) Approve the Commission Meeting Minutes for December 28, 2021

b) Bills to be Paid $1,267,866.82

A&B BUSINESS SOLUT Maintenance Contracts $400.01, ADVANCE AUTO PARTS Automotive/Small Equipment $38.52, ADVANCED PEST SOLUTI Maintenance Contracts $70.00, AIRGAS USA LLC Small Tools & Shop Supplies $85.51, AIRWAY SERVICE INC Automotive/Small Equipment $44.04, AIRWAY SERVICE INC Gas Oil & Diesel $235.00, ALL NATIONS INTERPRE Interpreters $3,619.00, ALLIED OIL Parts Inventory $380.00, ANGEL, EDWARD P Attorney Fees $336.6, AUTUMN PARK APARTMEN Welfare Rent $1,205.36, AVERA HEART HOSPITAL Hospitals $11,7925.76, AVERA MCKENNAN Hospitals $68,135.59, AVERA MCKENNAN Physicians $332.62, BENTWOOD MANOR APTS Welfare Rent $2,090.00, BETH MACDONALD Store Inventory $112.50, BOB BARKER COMPANY I Inmate Supplies $631.20, BRENDE & MEADORS LLP Attorney Fees $1,977.80, BRISTOW, BOYD Program Activities $300.00, CANFIELD BUSINESS IN Furniture & Office Equipment $980.66, CANTERBURY APTS Welfare Rent $64.00, CENTURY BUSINESS PRO Maintenance Contracts $261.09, CHAGOLLA, ALBERT Interpreters $195.83, CHARLES ROGERS Store Inventory $150.00, CORRECTIONAL MEDICAL Contract Services $33,2573.91, D & S RENTAL LLC Welfare Rent $1,750.00, DAKOTA AUTO PARTS Automotive/Small Equipment $205.88, DAKOTA FLUID POWER I Parts Inventory $260.22, DANKO EMERGENCY EQUI Maintenance Contracts $350.00, DATA SYSTEMS INC Maintenance Contracts $3,500.00, DEMATTEO LAW FIRM Attorney Fees $326.7, EICH LAW OFFICE LLC Child Defense Attorney $2,862.70, ENGLISH LAW Attorney Fees $6,000.00, EXHAUST PROS OF SIOU Truck Repairs & Maintenance $279.63, FAMILY SERVICE INC Insurance-Other Costs $630.00, FIRST DAKOTA NATIONA Homeland Security $3,634.38, G&H INVESTMENTS LL Welfare Rent $4,225.00, GALLS QUARTERMASTER Uniform Allowance $183.57, GASLITE MANOR LTD PT Welfare Rent $455.77, GEORGE, AARON Motels $480.00, GOLDEN CREEK INVESTO Welfare Rent $2,400.00, GOLDEN WEST Telephone $69.95, GRAHAM TIRE CO NORTH Automotive/Small Equipment $600.00, GREATER SIOUX FALLS Miscellaneous Expense $150.00, GUNNER, ANDREA Court Reporters $404.80, GUZMAN, SANDRA V Interpreters $50.00, HARMS OIL COMPANY Gas Oil & Diesel $37,623.06, HARTFORD AREA FIRE & Education & Training $1,275.00, HORIZON APARTMENTS Welfare Rent $3,996.00, HUNTINGTON VILLAGE Welfare Rent $6,367.23, I STATE TRUCK CENTER Parts Inventory $22.35, I STATE TRUCK CENTER Truck Repairs & Maintenance $35.47, INTERSTATE OFFICE PR Furniture & Office Equipment $421.76, INTERSTATE OFFICE PR Office Supplies $1,356.87, INTREPID NETWORKS LL Safety & Rescue Equipment $1,271.00, ISI LLC Interpreters $80.00, JADE PROPERTIES LLC Welfare Rent $750.00, JASMINE THELEN Donations $55.29, JCL SOLUTIONS Janitorial Chemical Supplies $92.20, JCL SOLUTIONS Kitchen/Cleaning Supplies $270.00, JEFF LARSON LAW PC Attorney Fees $2,211.80, JOHN HEUPEL Business Travel $252.00, JOHN KOCH INVESTMENT Welfare Rent $3800, JOYCE KAATZ Store Inventory $87.17, KEVIN HEADRICK JDC Maintenance $1.18, KEVIN HEADRICK Motor/Machine/Equipment Repair $4.92, KEVIN HEADRICK Small Tools & Shop Supplies $8.12, KNECHT, ANDREW J Attorney Fees $504.9, KNECHT, ANDREW J Child Defense Attorney $704.4, KRISTA LEIDHOLT Donations $26.09, KRUSE LAW OFFICE Attorney Fees $2,666.00, KYRA ENTERPRISES LLC Motels $310.00, LINCOLN COUNTY (SD) Professional Services $75.00, LUTHER, JEFF Medical Director $2,500.00, MALLOY ELECTRIC Truck Repairs & Maintenance $21.55, MARY HONERMAN Store Inventory $219.56, MCCOOK COUNTY HIGHWA Road Maint & Material $2,304.13, MCGRATH NORTH MULLIN Professional Services $352.00, MESA APARTMENTS LLC Welfare Rent $4,350.00, MICHELS COMMUNICATIO Program Activities $700.00, MIDAMERICAN ENERGY C Natural Gas $14,700.15, MIDAMERICAN ENERGY C Welfare Utilities $543.46, MIDCONTINENT COMMUNI Amounts Held For Others $112.00, MIDCONTINENT COMMUNI Welfare Utilities $138.88, MIDWEST ALARM COMPAN Security Alarm $75.00, MIDWESTERN MECHANICA Plumbing & Welding $684.90, NASPPG INSURANCE SER Professional Insurance $2,064.00, NICHOLE CARPER Child Defense Attorney $1,969.00, NORTH CENTRAL RENTAL Lease-Rental Agreement $2,700.00, NORTHERN HEIGHTS DEV Welfare Rent $6,320.00, NYANGAMOI, ANDREW Welfare Rent $300.00, NYBERGS ACE HARDWARE Other Supplies $51.25, OLIVIER MILES HOLTZ Attorney Fees $1,496.40, OLSON LAW FIRM LLC Attorney Fees $712.8, PASTPERFECT SOFTWARE Program Activities $250.00, PAUL DYSART Store Inventory $52.50, PINE MEADOWS COMMUNI Welfare Rent $1,140.00, PIONEER ENTERPRISES Burials $3,500.00, PRESTOX Professional Services $61.00, QUALITY EFFICIENCIES Welfare Rent $350.00, REYNOLDS LAW LLC Child Defense Attorney $4,078.80, RIVERVIEW APARTMENTS Welfare Rent $1,125.39, RL PROPERTIES Welfare Rent $800.00, ROCHESTER ARMORED CA Armored Car Service $432.44, ROEMEN’S AUTOMOTIVE Gas Oil & Diesel $51.45, SAMS CLUB - MEMBERSH Memberships $42.60, SAMS CLUB - MEMBERSH Miscellaneous Expense $106.51, SAMS CLUB - MEMBERSH Other Supplies $33.72, SAMS CLUB - MEMBERSH Professional Services $382.72, SAMS CLUB - MEMBERSH Safe Home Donations $132.12, SAMS CLUB - MEMBERSH Work Mileage $46.63, SANFORD Other Medical Services $467.38, SANFORD CLINIC Contract Services $26,454.91, SARAH HERBERT Store Inventory $90.00, SD ASSOC OF COUNTY C Memberships $33,471.00, SD ASSOC OF COUNTY O Memberships $14,336.28, SD BUILDING OFFICIAL Memberships $50.00, SDML WORKERS COMPENS Workers Compensation $434,368.00, SECOG Miscellaneous Expense $25,913.00, SIOUX EMPIRE FAIR AS Miscellaneous Expense $12,500.00, SIOUX FALLS CITY Welfare Utilities $336.38, SIOUX FALLS DEVELOPM Miscellaneous Expense $510.00, STATE OF SOUTH DAKOT Amts Held-Daily Scram $3,420.00, STATE OF SOUTH DAKOT Amts Held-Remote Breath $881.00, STATE OF SOUTH DAKOT Extension Background Checks $320.00, STATE OF SOUTH DAKOT Telephone $502.50, STREICHERS INC Uniform Allowance $2,052.00, SUMMIT FOOD SERVICE Child Care Food $607.48, SUMMIT FOOD SERVICE Inmate Supplies $99.58, SUMMIT FOOD SERVICE School Lunch Program $975.29, TRI-STATE NURSING Professional Services $3,559.50, TRINITY POINT Welfare Rent $2,850.00, TWO WAY SOLUTIONS IN Automotive/Small Equipment $6.49, TWO WAY SOLUTIONS IN Communication Equipment $1,500.00, TZADIK SIOUX FALLS I Welfare Rent $3,268.00, TZADIK SIOUX FALLS P Welfare Rent $872.28, US FOODS INC Other Supplies $83.16, US FOODS INC Professional Services $896.36, V2 LLC Welfare Rent $1,389.00, VOGEL MOTORS LLC Gas Oil & Diesel $46.00, VUONG LAW Attorney Fees $1,499.85, WALKER, DAYCLETH D Program Activities $300.00, WALTER, MAX Attorney Fees $183.15, WALTON, MARCUS Attorney Fees $3,613.50, WALTON, MARCUS Child Defense Attorney $1,455.30, WEST POINTE LIMITED Welfare Rent $1,601.00, XCEL ENERGY Electricity $130.51, XCEL ENERGY INC Welfare Utilities $5,165.55. 

DECEMBER 2021 County Salaries

COMMISSION, Salaries, $49,482.55; AUDITOR, Salaries, $79,288.43; TREASURER, Salaries, $114,757.47; INFORMATION TECHNOLOGY, Salaries, $117,761.41; STATES ATTORNEY, Salaries, $528,853.45; PUBLIC DEFENDER, Salaries, $324,539.10; PUBLIC ADVOCATE, Salaries, $105,936.10; FACILITIES, Salaries, $83,525.34; EQUALIZATION, Salaries, $124,908.41; REGISTER OF DEEDS, Salaries, $73,731.22; HUMAN RESOURCES, Salaries, $41,514.54;  SHERIFF, Salaries, $1,725,204.13; JUVENILE DETENTION CENTER, Salaries, $246,489.92; HIGHWAY, Salaries, $216,645.53; HUMAN SERVICES, Salaries, $221,748.39; MUSEUM, Salaries, $112,611.02; PLANNING, Salaries, $56,854.23; EXTENSION, Salaries, $4,212.00;

c) Reports-NONE

d) Routine Personnel Action

New Hires

1. To hire the individuals listed below as Correctional Officers for the Jail at $20.46/hour (13/1) effective 1/3/2022.

Jared Jansen            Rebecca Miller       Alexander Nelson        Kaycee Sina

2. Amy Folsom, Senior Deputy State’s Attorney for the State’s Attorney’s Office, at $3,348.00/biweekly (22/8) effective 1/6/2022.

3. David Denson, variable hour Correctional Officer for the Jail, at $20.50/hour effective 1/9/2022

4. KarriAnn Dismounts, Caseworker for the Human Services Department, at $23.72/hour (16/1) effective 1/10/2022.

5. Diana Rivera, variable hour Juvenile Correctional Worker for the Juvenile Detention Center, at $16.00/hour effective 1/10/2021.

Step Increases

1. Christopher Lilla, Director of Equalization for Equalization, at $3,787.20/biweekly (24/5) effective 1/7/2022.

2. William Hoskins, Museum Director for the Museum, at $4,848.80/biweekly (24/15) effective 12/27/2021.

3. Heidi Hesvik, Legal Office Assistant for the Public Defender’s Office, at $19.95/hour (10/6) effective 12/28/2021.

4. Bethany Jost, Paralegal for the Public Defender’s Office, at $28.90/hour (16/9) effective 12/30/2021.

5. Sara Sackmann, Paralegal for the Public Defender’s Office, at $29.62/hour (16/10) effective 1/2/2022.

6. Natalie Surkalovic, Paralegal for the Public Defender’s Office, at $33.52/hour (16/15) effective 12/27/2021.

7. Jonathan Leddige, Senior Trail Attorney for the Public Defender’s Office, at $3,517.60/biweekly (23/6) effective 12/26/2021.

8. Traci Smith, Public Defender for the Public Defender’s Office, at $5,623.20/biweekly (26/13) effective 12/27/2021.

9. Douglas Blomker, Assistant Director of Emergency Management for the Emergency Management Department, at $40.83/hour (20/15) effective 12/27/2021.

10. Kiel Ricci, Sergeant for the Sheriff’s Office, at $32.69/hour (20/6) effective 1/9/2022. 

Other Salary Changes

1. To amend the hire date for Matthew Balk, variable hour Juvenile Correctional Worker for the Juvenile Detention Center, at 1/3/2022. 

To recognize the following significant employee anniversaries for January 2022: 5 years- Trista Severson, Damian Kardas, Cory Winter; 10-year-Corrie Alexander, Andrew Berg, Lorna McDermott, Nicholas Rebnord,; 15-year-Michael Newkirk.

To record volunteers in County Departments for December 2021. This list is on file at Human Resources.

e) Abatement Applications for Approval-NONE

f) Notice and Requests-NONE

g) Previously Discussed Items within Policy Guidelines-NONE

h) Non-Controversial Resolutions

RESOLUTION MC22 - 03  

SET WEIGHT LOAD LIMITS ON CERTAIN BRIDGES WITHIN MINNEHAHA COUNTY

WHEREAS, the Minnehaha County Highway Department performs regular bridge inspections to assess the condition of individual bridges and considers recommendations for improvements, and

WHEREAS, the Minnehaha County Highway Department performs bridge maintenance and bridge replacement projects in an effort to improve the overall condition of the bridge network, and

WHEREAS, the Minnehaha County Highway Superintendent has identified twenty-one (21) bridges in Minnehaha County that are recommended for weight load limits, and

WHEREAS, SDCL 32-22-47 gives the county commission the authority to establish and identify through the proper signage the maximum weight of any vehicle, laden or unladen, which may enter upon or cross over the bridge, now

THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that all of the existing bridge weight load limits described in previous resolutions are hereby removed and superseded with the following gross vehicle weight load limits:

STRUCTURE NUMBER, APPROXIMATE LOCATION, SINGLE UNIT LIMIT (TON), COMBINATION UNIT LIMIT (TON)

1, 50-087-120, 3.5 miles north and 0.2 miles west of Hartford (256th St. on a township road), 18, 33;

2, 50-101-080, 4.0 miles south and 0.1 miles east of Colton on County HWY 118, 18, 30;

3, 50-109-105, 1.9 miles south and 2.1 miles west of Lyons (Grand Meadow St. on a township road), 29 50;

4, 50-135-229, 3.4 miles south and 1.5 miles west of Ellis (Wayne Ave. on a township road), 27, 46;

5, 50-137-217, 2.3 miles south and 1.5 miles west of Ellis (266th St. on a township road), 28, 46;

6, 50-154-180, 1.5 miles north and 0.5 miles east of Ellis (262nd St. on a township road), 25, 44;

7a, 50-180-134, 2.0 miles east and 0.4 miles south of Crooks, SD (472nd Ave on County Highway 133), 27, 45;

7b, 50-180-134 (Emergency Vehicles Only) 2.0 miles east and 0.4 miles south of Crooks, SD (472nd Ave on County Highway 133), Single Axle  16 T, Tandem 23 T, Gross 32 T;

8, 50-199-104, 3.9 miles south of Baltic Meadowland St. (on a township road), 26, 44;

9, 50-208-130, 1.0 mile north and 0.3 miles east of Renner (257th St. on a township road), 13, 22;

10, 50-226-020, 1.0 miles east and 0.5 miles south of Dell Rapids (246th St. on a township road), 27, 46;

11, 50-237-120, 3.7 miles east and 6.0 miles south of Baltic (256th St. on a township road), 18, 31;

12, 50-239-090, 7.1 miles west of Garretson (253rd St. on a township road), 29, 49;

13, 50-272-030, 6.8 miles east and 1.3 miles south of Dell Rapids (247th St. on a township road), 10, 15;

14, 50-273-090, 3.8 miles west of Garretson (253rd St. on a township road), 18, 30;

15, 50-276-120, 4.0 miles north and 0.3 miles west of Corson (256th St. on a township road), 30, 49;

16, 50-278-130, 3.0 miles north and 0.2 miles west of Corson (257th St. on a township road), 30, 50;

17, 50-290-131, 2.9 miles north and 1.0 mile east of Corson (483rd Ave. on a township road), 15, 25;

18, 50-324-170 (Emergency Vehicles Only) 1.0 mile north and 0.6 miles east of Valley Springs (261st St. on a township road), Single Axle  14 T, Tandem  21 T , Gross 24 T;

19, 50-329-160, 2.0 miles north and 0.1 miles west of Valley Springs (260th St. on a township road), 25, 42;

20, 50-330-159, 2.1 miles north of Valley Springs (487th Ave. on a township road), 19, 32;

21, 50-337-130, 1.8 miles east and 4.0 miles south of Garretson (257th St. on a township road), 18, 31;

BE IT FURTHER RESOLVED, that the Minnehaha County Highway Superintendent is hereby directed to erect and post the appropriate signage in accordance with SDCL 32-22-47, and

BE IT FURTHER RESOLVED, by the Minnehaha County Commission that an emergency exists and that the posting of weight limits on the above bridges is immediately in effect and will remain in effect until changed by action of the county commission; and

BE IT FURTHER NOTED, under SDCL 32-22-48, the violation of these weight load limits is a Class 2 misdemeanor, and Minnehaha County may recover civil damages from any person who drives or operates, or causes to be driven or operated, any vehicle, laden or unladen, upon, over or across any bridge which has been posted in accordance with § 32-22-47 and which exceeds the maximum posted weight in pounds and causes any injury or damage to said bridge by reason thereof.

Dated this 4th day of January, 2022.

APPROVED BY THE COMMISSION:              

Cindy Heiberger

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

RESOLUTION MC 22-04

ESTABLISH APPOINTMENTS TO THE MINNEHAHA-LINCOLN COUNTY BOARD OF MENTAL ILLNESS AND THE REVIEW BOARD FOR DEVELOPMENTAL DISABILITIES 

WHEREAS SDCL 27A-7-1 provides that the Minnehaha County Commission appoint two regular lay members of the Minnehaha Lincoln County Board of Mental Illness for a term of three years; and

WHEREAS SDCL 27B-7-24 provides that the Minnehaha County Commission appoint two regular lay members and two alternate lay members and two alternate lay members of the Minnehaha County Review Board for Developmental Disabilities for a term for a term of three years; and

WHEREAS the Co-Chairman of the Minnehaha County Board of Mental Illness and of the Minnehaha County Review Board for Developmental Disabilities has recommended qualified candidates for said positions, now

THEREFORE, IT IS HEREBY RESOLVED by the Minnehaha County Commission that

Betsy Koch (Minnehaha County resident) be appointed as a regular lay board member of the Board of Mental Illness and Minnehaha County Review Board for Developmental Disabilities effective immediately; and

Leslie Penning (Minnehaha County resident) be appointed as a regular lay board member of the Board of Mental Illness and Minnehaha County Review Board for Developmental Disabilities effective immediately; and

Pam Tiede, Mona Helseth, and Laurie Gates (Minnehaha County residents) be appointed as alternate lay board members of the Board of Mental Illness and Minnehaha County Review Board for Developmental Disabilities effective immediately; and

Ann Schiltz (Lincoln County resident) to be appointed as a regular lay board member of the Board of Mental Illness effective immediately; and

Candace Gearman (Lincoln County resident) to be appointed as a regular lay board member of the Board of Mental Illness effective immediately; and

Francie Miller, Laurie Wernke, and Sean Kooistra (Lincoln County residents) to be appointed as alternate lay board members of the Board of Mental Illness effective immediately.

Approved this 4th day of January, 2022

APPROVED BY THE COMMISSION:

Cindy Heiberger

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

PUBLIC COMMENT

Ryan Solberg and Sheldon Jensen, Sioux Metro Growth Alliance, provided a brief update of the activities of the organization.

SURPLUS

Upon request of Joe Bosman, Sheriff’s Office, MOTION by Karsky, seconded by Barth, to declare certain Sheriff’s Office vehicles as surplus property and authorize the Commission Chair to sign the resolution MC 22-05 for gratuitous transfer of vehicles to Southeast Technical College and Sioux Empire Fair Association. By roll call vote: 5 ayes.

RESOLUTION 22-05

RESOLUTION AUTHORIZATING THE GRATUITOUS TRANSFER OF CERTAIN PROPERTY TO THE SIOUX EMPIRE FAIR ASSOCIATION AND SOUTHEAST TECHNICAL COLLEGE

WHEREAS, Minnehaha County has an ownership interest in three motor vehicles:

Year, Make, Model, VIN, Asset #;

2011, Chevrolet, Tahoe, 1GNSK2E09BR223845, 960;

2017, Ford, Explorer, 1FM5K8AR4HGC90754, 1285;

2016, Ford, Explorer, 1FM5K8AR5GGB07201, 1211;

listed as property of the Minnehaha County Sheriff’s Office; and,

WHEREAS, the Minnehaha County Board of Commissioners has determined said vehicles are no longer necessary, useful, or suitable for the purpose for which they were acquired pursuant to SDCL Ch. 6-13; and,

WHEREAS, Minnehaha County may convey and transfer any personal property to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property pursuant to SDCL § 6-5-2; and,

WHEREAS, the Minnehaha County Board of Commissioners wish to transfer ownership of asset # 1285 and # 1211 to Southeast Technical College and asset # 960 to the Sioux Empire Fair Association, Inc. for public, charitable, or humanitarian purposes

THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners, that said vehicles are hereby declared as surplus property pursuant to SDCL § 6-13-1; and further, hereby authorize the Chair to transfer said vehicles, as specified above and pursuant to SDCL § 6-5-3, to Southeast Technical College and the Sioux Empire Fair Association at no expense to the nonprofit organizations pursuant to SDCL § 6-5-2, and that they are to be removed by the Minnehaha County Auditor from the asset list of the County.

Dated this 4th day of January, 2022.

BY THE MINNEHAHA COUNTY BOARD OF  COMMISSIONERS

Cindy Heiberger

Chair

ATTEST:  Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

AGREEMENTS 

Bill Hoskins, Museum Director, gave a briefing on the 2022 Lease Agreements for the Sioux Valley Genealogical Society and the Minnehaha County Historical Society. Under the terms of the agreements, the Genealogical Society will lease approximately 600 square feet of office space on the second floor of the Old Courthouse Museum. The Historical Society will lease approximately 178 square feet of office space on the first floor of the Old Courthouse Museum. Both leases are for 12 month periods. There is no charge for the lease space. The County pays for the light, heat, and custodial services. The societies pay for their phone and comprehensive general liability insurance. MOTION by Barth, seconded by Bender, to authorize the Chair to sign annual lease agreement with the Minnehaha County Historical Society. By roll call vote: 5 ayes. MOTION by Bender, seconded by Barth, to authorize the Chair to sign annual lease agreement with the Sioux Valley Genealogical Society. By roll call vote: 5 ayes 

RESOLUTIONS 

Upon request of Kris Swanson, Treasurer, MOTION by Beninga, seconded by Bender, to approve a Resolution MC 22-06 approving assignment of certificate of tax sale pursuant to the demand by the City of Humboldt. By roll call vote: 5 ayes.

Resolution MC 22-06

A RESOLUTION APPROVING ASSIGNMENT OF CERTIFICATE OF TAX SALE PURSUANT TO THE DEMAND BY THE CITY OF HUMBOLDT

WHEREAS, SDCL § 9-27-9 authorizes the governing body of a municipality to demand the assignment of a Certificate of Tax Sale held by the county for delinquent taxes on any lot within the limits of the municipality; and

WHEREAS, and upon such demand, the County Treasurer is required to deliver an assignment of the Certificate of Tax Sale to such municipality upon payment of the delinquent amount due; and

WHEREAS, the Treasurer’s Certificate of Tax Sale No. 408, attached hereto, was obtained by Minnehaha County on the 16th day of December, 2013, on real property located in the City of Humboldt, County of Minnehaha, State of South Dakota, such real property legally described as follows:

The South Half (S1/2) of Lot Four (4) and all of Lots Five (5), Six (6), Seven (7) and Eight (8), Block Two (2), of the Humboldt City Original Subdivision, Minnehaha County, South Dakota, according to the recorded plat thereof; and

WHEREAS, on the 28th day of December, 2021, the Minnehaha County Treasurer was provided a copy of City of Humboldt Resolution #2021-12, dated the 13th day of November, 2021, which demands that the Minnehaha County Treasurer assign to the City of Humboldt, the above-referenced Certificate of Tax Sale pursuant to SDCL § 9-27-9; and

WHEREAS, except as provided herein, as of the 31st day of December, 2021, the amount due Minnehaha County pursuant to the Certificate of Tax Sale equals One Hundred Thirty-one Thousand One Hundred Ninety Dollars and Eighteen Cents ($131,190.18), receipt of which has been acknowledged by the Minnehaha County Treasurer, such amount having been paid by the City of Humboldt, and which amount includes certain amounts which shall be distributed back to the City of Humboldt through the apportionment process;

WHEREAS, the amount listed above does not include the 2021 real property taxes payable January 1, 2022, and which will be delinquent if not paid in accordance with SDCL Ch. 10-9; and

WHEREAS, nothing herein prohibits Minnehaha County from hereafter obtaining a Certificate of Tax Sale on the above described real property in the event real property taxes become delinquent. The Assignment and this Resolution shall not be construed as a waiver by Minnehaha County of its rights and responsibility to obtain a Certificate of Tax Sale for any such delinquent taxes;

NOW, THEREFORE, BE IT RESOLVED, that after due consideration of the circumstances recited above, the Board of Commissioners approves the Assignment of Treasurer’s Certificate of Tax No. 408 by the Minnehaha County Treasurer to the City of Humboldt, South Dakota.

Dated at Sioux Falls, South Dakota, this 4th day of January, 2022

Approved by the Commission

Cindy Heiberger

Chair

Attest: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

Upon request of Lori Montis, Assistant Human Services Director, MOTION by Karsky, seconded by Barth, to approve Resolution MC 22-07 for the establishment of rates for indigent burial assistance . By roll call vote: 5 ayes.

RESOLUTION MC 22-07

ESTABLISHMENT OF RATES FOR INDIGENT BURIAL ASSISTANCE

WHEREAS, SDCL 34-26-17 mandates the circumstances in which Minnehaha County is obligated to expend funds to bury or cremate indigent persons; and

WHEREAS, SDCL 28-17 et seq. allows the Minnehaha County Commission to contract with funeral directors to provide said burial and cremation services; and

WHEREAS, current rates, which have existed since 2018, are $2,000 for cremations and $3,000 for traditional burials; and

WHEREAS, the Minnehaha County Department of Human Services, acting with the consent of and on behalf of the Minnehaha County Commission, has negotiated new rates with funeral directors which are necessary to satisfy Minnehaha County’s statutory duty to provide burial or cremations assistance; and

WHEREAS, the Minnehaha County Department of Human Services estimates that the new rates will raise its budget amount approximately $34,500 for 2022; and

WHEREAS, the Minnehaha County Commission has already approved the Minnehaha County Department of Human Services’ budget with this increase; now

THEREFORE IT IS HEREBY RESOLVED by the Minnehaha County Commission that effective January 1, 2022, and remaining in effect unless and until the Minnehaha County Commission resolves otherwise, the following are the rates Minnehaha County will pay for burial or cremation assistance:

Traditional burial - $3,500.00;

Cremations - $2,000.00; and

Cremations with a memorial service - $2,500.00.

Approved this 4th day of January, 2022

APPROVED BY THE COMMISSION:

Cindy Heiberger

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

BID RESULTS

Jacob Maras, Engineering Supervisor, reported on the bid opening for Project 17-10 County Highway Reconstruction from 254th Street to Colton. The following bids were received: Runge Enterprises, Inc. with a total bid of $5,056,645.50; Midland Contracting, Inc. with a total bid of $5,352,825.66; First Rate Excavate, Inc. with a total bid of $5,798,428.00; Midwest Contracting, Inc. with a total bid of $5,872,064.95; BX Civil & Construction, Inc. with a total bid of $6,179,642.66; and Central Specialties, Inc. with a total bid of $6,705,916.18.  MOTION by Bender, seconded by Barth, to reject the bid results for Project MC17-10 Highway 149 Reconstruction. By roll call vote: 5 ayes.

RESOLUTION

Upon request of Ben Kyte, Auditor, MOTION by Beninga, seconded by Barth, to approve Resolution MC 22-08 of rates of pay, facility rentals and mileage reimbursement for the 2022 Election Cycle. By roll call vote: 5 ayes.

RESOLUTION MC22-08

TO ESTABLISH RATES OF PAY FOR ELECTION WORKERS AND RENTAL RATE FOR POLLING LOCATIONS

WHEREAS, it may be necessary to appoint election officials in 2022; and

WHEREAS, pursuant to SDCL 12-15-11, the fee paid to election officials shall be established annually by the Board of County Commissioners at its January meeting; now, therefore, be it

RESOLVED by the Minnehaha County Board of Commissioners that for the year 2022, election officials shall be paid as follows:

Precinct Superintendent, $180.00 per day;

Precinct Deputy, $150.00 per day;

Absentee Precinct Superintendent $16.00 per hour;

Absentee Board, Absentee Assistants and Counting Center Assistants, $15.00 per hour;

Precinct setup (Paid to Supt. & Deputy), $15.00 per session;

Precinct tear down (Paid to Supt. & Deputy), $15.00 per session;

Election School attendance paid to all attendees, $15.00 flat rate;

Usage of Personal Cell phone at Precinct (One Individual), $10.00 flat rate;

Mileage reimbursement for delivering pollbooks and ballot boxes, SDCL 12-15-11;    

Rate of rent for polling locations., $100 flat rate;

Dated this 4th day of January, 2022.

APPROVED BY THE COMMISSION:

Cindy Heiberger

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

PRECINCTS NUMBERS

Ben Kyte, Auditor, presented information regarding the adopted boundary changes to five council districts from the City of Sioux Falls pursuant to its charter and consistent with the 2020 Census data. As a result of the boundary changes six precincts were moved from one district to another. The boundaries of these six precincts did not change only their number designation. The proposed changes are as follows: 1-3 will change to 3-1; 2-7 will change to 4-15; 3-6 will change to 5-22; 4-1 will change to 5.23; 4-14 will change to 5-15; and 5-11 will change to 1-19. On a separate note,  the City of Sioux Falls made a boundary change to precinct 1-17, to extend it to the western city limit boundary. MOTION by Barth, seconded by Beninga, to approve City of Sioux Falls precinct numbering changes. 5 ayes.

RESOLUTIONS

Upon request of Ben Kyte, Auditor, MOTION by Barth, seconded by Karsky, to approve Resolution MC 22-09 establishing record of 2022 Minnehaha County designated polling places. By roll call vote:5 ayes.

RESOLUTION MC22-09

ESTABLISH RECORD OF 2022 MINNEHAHA COUNTY DESIGNATED POLLING PLACES

WHEREAS, pursuant to SDCL § 12-12-1 and § 12-14-1 the County Auditor shall give notice of all designated polling places prior to any election he or she is charged with conducting, and

WHEREAS, the Minnehaha County Auditor’s Office intends to make a record of all designated polling places in the County for 2022 elections, now

THEREFORE BE IT RESOLVED BY the Minnehaha County Commission that the following locations will serve as polling places in 2022:

Precinct, Polling Place, Address;

1-4, Center for Active Generations, 2300 W 46th St;

1-5, Center for Active Generations, 2300 W 46th St;

1-6, Sunnycrest United Methodist Church, 4801 W 41st St;

1-9, Peace Lutheran Church, 5509 W 41st St;

1-10, Sioux Falls First Church, 6300 W 41st St

1-17, Sioux Falls First Church, 6300 W 41st St;

1-19 (previously 5-11), Calvary Chapel Sioux Falls, 1605 W 51st St;

2-1, Calvary Chapel Sioux Falls, 1605 W 51st St;

2-2, Southern Hills UMC, 3400 E 49th St;

2-3, Morningside Community Center, 2400 S Bahnson Ave;

2-6, Westminster Presbyterian, 3801 E 26th St;

2-8, Gloria Dei Lutheran Church, 5500 E 57th St;

2-9, Gloria Dei Lutheran Church, 5500 East 57th St;

2-14, Eastside Baptist Church, 6101 E 49th St;

3-1 (previously 1-3), First Presbyterian Church, 2300 S West Ave;

3-5, The Alliance, 1600 W Russell St;

3-9, Good News Church, 1800 S Valley View Rd;

3-10, Memorial Middle School, 1401 S Sertoma Ave;

3-11, Church at the Gate, 6820 W 26th St;

3-12, MariCar Community Center, 400 N Valley View Rd;

3-13, Kuehn Community Center, 2801 S Valley View Rd;

3-14, Career Technical Education, 4700 W Career Cir;

3-15, St Michael’s Catholic Church, 1600 S Marion Rd;

3-16, Memorial Middle School, 1401 S Sertoma Ave;

3-17, Prairie West Library, 7630 W 26th St;

4-2, Emmanuel Baptist Church, 1600 E 12th St;

4-3, East Side Lutheran Church (Barn), 1300 E 10th St;

4-4, Wesley United Methodist Church, 1700 E 6th St;

4-5, The Word of Life Pentecostal Church, 3513 N 10th Ave;

4-6, Faith Lutheran Church, 601 N Cliff Ave;

4-7, Kenny Anderson Community Center, 3701 E 3rd St;

4-8, Kenny Anderson Community Center, 3701 E 3rd St;

4-9, Grace Lutheran Church, 3300 E 18th St;

4-10, St Lambert’s Catholic Church, 1000 S Bahnson Ave;

4-11, Wild Flower Presbyterian Church, 4800 E 6th St;

4-12, Hilltop United Methodist Church, 1312 S Bahnson Ave;

4-13, Grace Lutheran Church, 3300 E 18th St;

4-15 (previously 2-7), Lord of Life Lutheran Church, 2600 S Sycamore Ave;

5-1, First Lutheran Church, 327 S Dakota Ave;

5-2, First Lutheran Church, 327 S Dakota Ave;

5-3, Zion Lutheran Church, 1400 S Duluth Ave;

5-4, Dakota Abilities, 1116 S 4th Ave;

5-6, Hope Lutheran, 1700 S Cliff Ave;

5-7, All Souls Church, 2222 S Cliff Ave;

5-8, Instructional Planning Center, 201 E 38th St;

5-9, Our Savior’s Lutheran Church, 909 W 33rd St;

5-10, First Presbyterian Church, 2300 S West Ave;

5-12, Instructional Planning Center, 201 E 38th St;

5-13, Instructional Planning Center, 201 E 38th St;

5-14, USF Cleveland Professional Development Center,1010 W 26th St;

5-15 (previously 4-14), Sioux Falls Main Library, 200 N Dakota Ave;

5-17, Asbury United Methodist Church, 2425 S Western Ave;

5-18, Faith Family Church, 127 N Spring Ave;

5-19, St Mark’s Lutheran Church, 2001 S Elmwood Ave;

5-20, Oyate Community Center, 2421 W 15th St

5-21, Trinity Baptist Church, 2400 W 18th St;

5-22, (previously 3-6), The Alliance, 1600 W Russel St;

5-23, (previously 4-1), Sioux Falls Main Library, 200 N Dakota Ave;

VP-1, Valley Springs American Legion Club, 615 Broadway;

VP-2, Split Rock Fire Station, 7201 E Hwy 42;

VP-3, Brandon Municipal Golf Course, 2100 E Aspen Blvd;

VP-4, Mapleton Township Hall, 47419 258th St;

VP-5, Brandon City Hall - Council Chambers, 308 S Main Ave;

VP-6, MariCar Community Center, 400 N Valley View Rd;

VP-7, Hartford City Hall, 125 N Main Ave;

VP-8, Humboldt Community Center, 118 S. Main St;

VP-9, Baltic Elementary Gymnasium, 500 3rd St;

VP-10, American Legion - Garretson, 504 N Main Ave;

VP-11, Lutheran Church of Dell Rapids, 701 Orleans Ave;

VP-12; Heesch Farm, 24883 481st Ave;

VP-13, Taopi Community Hall, 102 E 3rd St;

VP-15, Brandon Fire Station, 401 Sioux Blvd’

VP-16, Crooks Community Center, 701 S West Ave;

VP-17, Wall Lake Township Hall, 26452 463rd Ave;

VP-21, Lutheran Church of Dell Rapids, 701 Orleans Ave;

 

Dated this 4th day of January, 2022        

APPROVED BY THE COMMISSION:

Cindy Heiberger 

Chair

ATTEST: Bennett Kyte, Auditor

Kym Christiansen

Deputy Auditor

Auditor Kyte also highlighted the Notice of Deadline for Filing Nominating Petitions for the Primary Election and for Filing Independent Candidate Petitions which will be published in the official County newspapers between the 15th and 30th day of January 2022. This notice does not require Commission approval but instead, it is a regular function of the Auditor’s Office to submit such notice pursuant to SDCL § 12-12-1.

Upon request of Ben Kyte, Auditor, MOTION by Barth, seconded by Beninga, to approve Resolution MC 22-10 authorizing issuance of debt. By roll call vote: 5 ayes.

RESOLUTION MC 22-10

RESOLUTION RELATING TO ISSUING CERTIFICATES OF PARTICIPATION; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE LEASE-PURCHASE AGREEMENTS AND APPROVING AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS

BE IT RESOLVED by the Board of Commissioners of Minnehaha County, South Dakota (the “County”), as follows:

Section 1    Recitals.  

1.1    The County is authorized by South Dakota Codified Laws, Chapter 7-25, inclusive, as amended (the “Act”), to enter into lease-purchase agreements for acquisition of real or personal property that the governing body considers necessary or appropriate to carry out its governmental and proprietary functions.

1.2    Pursuant to the Act, the governing body has heretofore found and determined that it was necessary and appropriate to enter into to a Ground Lease Agreement, dated as of September 1, 1992, as amended and supplemented (the “Ground Lease”) between the County and U.S. Bank National Association (the “Trustee”) and the Trustee has heretofore acquired certain interests in real properly (the “Land”) from the County, and the Trustee has leased back to the county its interest in the Land and has leased and agreed to sell to the County the Facilities to be acquired, renovated, constructed and equipped thereon to the County pursuant to a Lease-Purchase Agreement, dated as of September 1, 1992 (the “Original Lease”), as amended and supplemented by the First Amendment to Lease Purchase Agreement, dated as of November l, 1994 (the “First Amendment to Lease”), the Second Amendment to Lease-Purchase Agreement, dated as of April 1, 1997 (the “Second Amendment to Lease”), the Third Amendment to Lease-Purchase Agreement, dated as of April 1, 1999 (the “Third Amendment to Lease”), the Fourth Amendment to Lease-Purchase Agreement, dated as of December 1, 2000 (the ‘’Fourth Amendment to Lease”), the Fifth Amendment to Lease-Purchase Agreement, dated as of September 1, 2004 (the “Fifth Amendment to Lease”), the Sixth Amendment to Lease-Purchase Agreement, dated as of October 1, 2005 (the “Sixth Amendment to Lease”), the Seventh Amendment to Lease-Purchase Agreement, dated as of October 1, 2005 (the “Seventh Amendment to Lease”), the Eighth Amendment to Lease-Purchase Agreement, dated as of October 1, 2006 (the “Eighth Amendment to Lease”), the Ninth Amendment to Lease-Purchase Agreement, dated as of August 1, 2007 (the “Ninth Amendment to Lease”), the Tenth Amendment to Lease-Purchase Agreement, dated as of October l, 2007 (the “Tenth Amendment to Lease”), the Eleventh Amendment to Lease-Purchase Agreement, dated as of September 1, 2008 (the “Eleventh Amendment to Lease”), the Twelfth Amendment to Lease-Purchase Agreement, dated as of November 1, 2010 (the “Twelfth Amendment to Lease”), the Thirteenth Amendment to Lease-Purchase Agreement, dated as of September 1, 2011 (the “Thirteenth Amendment to Lease”), the Fourteenth Amendment to Lease-Purchase Agreement, dated as of November 1, 2013 (the ‘’Fourteenth Amendment to Lease”), the Fifteenth Amendment to Lease Purchase Agreement, dated as of November 1, 2014 (the “Fifteenth Amendment to Lease”), the Sixteenth Amendment to Lease-Purchase Agreement, dated as of October 1, 2016 (the “Sixteenth Amendment to Lease”), the Seventeenth Amendment to Lease-Purchase Agreement dated as of December 1, 2017 (the “Seventeenth Amendment to Lease”) and the Eighteenth Amendment to Lease Purchase Agreement dated as of December 1, 2020 (the “Eighteenth Amendment to Lease”) between the Trustee and the County (the Original Lease as amended and supplemented by the First Amendment to Lease, the Second Amendment to Lease, the Third Amendment to Lease, the Fourth Amendment to Lease, the Fifth Amendment to Lease, the Sixth Amendment to Lease, the Seventh Amendment to Lease, the Eighth Amendment to Lease, the Ninth Amendment to Lease, the Tenth Amendment to Lease, the Eleventh Amendment to Lease, the Twelfth Amendment to Lease, the Thirteenth Amendment to Lease, the Fourteenth Amendment to Lease, the Fifteenth Amendment to Lease, the Sixteenth Amendment, the Seventeenth Amendment to Lease and Eighteenth Amendment to Lease, as now or hereafter amended or supplemented is referred to herein as the “Lease”).

1.3    To finance the acquisition, construction, improvement and equipping of the Facilities, the County and the Trustee have executed and delivered that certain Declaration of Trust dated as of September 1, 1992 (the “Original Trust”), as amended by the First Supplemental Declaration of Trust, dated as of November 1, 1994 (the “First Supplemental Trust”), the Second Supplemental Declaration of Trust, dated as of April 1, 1997 (the “Second Supplemental Trust”), the Third Supplemental Declaration of Trust, dated as of April 1, 1999 (the “Third Supplemental Trust”), the Fourth Supplemental Declaration of Trust, dated as of December 1, 2000 (the “Fourth Supplemental Trust”), the Fifth Supplemental Declaration of Trust, dated as of September l, 2004 (the “Fifth Supplemental Trust”), the Sixth Supplemental Declaration of Trust, dated as of October 1, 2005 (the ‘”Sixth Supplemental Trust”), the Seventh Supplemental Declaration of Trust, dated as of October l, 2005 (the “Seventh Supplemental Trust”), the Eighth Supplemental Declaration of Trust, dated as of October 1, 2006 (the “Eighth Supplemental Trust”), the Ninth Supplemented Declaration of Trust, dated as of August 1, 2007 (the “Ninth Supplemental Trust”), the Tenth Supplemental Declaration of Trust, dated as of October 1, 2007 (the “Tenth Supplemental Trust”), the Eleventh Supplemental Declaration of Trust, dated as of September 1, 2008 (the “Eleventh Supplemental Trust”), the Twelfth Supplemental Declaration of Trust, dated as of November 1, 2010 (the “Twelfth Supplemental Trust”), the Thirteenth Supplemental Declaration of Trust, dated as of September l, 2011 (the “Thirteenth Supplemental Trust”), the Fourteenth Supplemental Declaration of Trust, dated as of November 1, 2013 (the “Fourteenth Supplemental Trust”), the Fifteenth Supplemental Declaration of Trust, dated as of November 1, 2014 (the “Fifteenth Supplemental Trust”), the Sixteenth Supplemental Declaration of Trust, dated as of October 1, 2016 (the “Sixteenth Supplemental Trust”), the Seventeenth Supplemental Declaration of Trust dated as of December 1, 2017 and the Eighteenth Supplemental Declaration of Trust (the “Eighteenth Supplemental Trust”) (the Original Trust as amended and supplemented by the First Supplemental Trust, the Second Supplemental Trust, the Third Supplemental Trust, the Fourth Supplemental Trust, the Fifth Supplemental Trust, the Sixth Supplemental Trust, the Seventh Supplemental Trust, the Eighth Supplemental Trust, the Ninth Supplemental Trust, the Tenth Supplemental Trust, the Eleventh Supplemental Trust, the Twelfth Supplemental Trust, the Thirteenth Supplemental Trust, the Fourteenth Supplemental Trust, the Fifteenth Supplemental Trust, the Sixteenth Supplemental Trust, the Seventeenth Supplemental Trust, the Eighteenth Supplemental Trust, as now or hereafter amended or supplemented, the “Trust Agreement”) pursuant to which the Trustee has from time to time issued various series of Certificates of Participation (as defined in the Trust Agreement, the “Certificates”) in the lease payments to be made by the County under the Lease.  

1.4    On August 25, 2020, the governing body of the County adopted Resolution MC20-59 (the “2020 Resolution”) which, among other things,  found it necessary, and appropriate to carry out its governmental and proprietary functions to issue Certificates of Participation (Limited Tax General Obligation) (defined in the 2020 Resolution as “New Certificates” in one or more series to finance the costs related to the following: (a) the replacement, remodeling, installation, equipping and/or improving of the County’s existing chiller system; (b) replacement, remodeling, constructing, equipping and/or improving the County’s Highway Shop; (c)  remodeling, equipping and improving of the County Administration Building and Extension Building; (d) the acquisition of real property for any of the foregoing or for the purpose of parking or other ancillary uses by the county (herein, “Additional Land”), and (e) the making of any site improvements in connection with any of the foregoing(the costs of undertaking the foregoing, together with any other expense or undertaking authorized and financed with proceeds of the transactions authorized hereunder being referred to collectively as the  “Projects” or individually as a “Project”) and subsequently issued the Certificates of Participation, Series 2020 to finance $9,800,000 of costs of the Project pursuant to the Eighteenth Amendment to Lease and the Eighteenth Supplemental Trust.

1.5    The governing body of the County now finds and determines it to be necessary and appropriate, and  in the public interest, that the Trustee execute and deliver a Supplemental Declaration of Trust which will supplement and amend the Trust Agreement for the purpose of issuing  new Certificates of Participation (the “Refunding Certificates”) to refund on a current basis the Certificates of Participation, Series 2010A which are currently outstanding in the aggregate principal amount of $1,585,000 (the “Certificates to be Refunded”) which refunding of the Certificates to be Refunded is expected to provide a reduction in the lease payments associated with the Certificates to be Refunded.

1.6    The governing body further finds and determines it to be necessary and appropriate, and in the public interest, to cause the Refunding Certificates to be issued in conjunction with the issuance of Certificates authorized by the 2020 Resolution in order to finance additional costs of the Project (the “Project Certificates”), thereby realizing efficiencies and economies of scale and to provide for further cost savings.  Accordingly, the County and the Trustee propose to execute and deliver one or more Supplemental Declaration of Trust (collectively, the “New Supplemental Trust”), which will supplement and amend the Trust Agreement pursuant to which the Trustee will (i) issue one or more series of Certificates of Participation (collectively, whether Project Certificates, Refunding Certificates or both, the “New Certificates”) in the lease payments to be made by the County under the Lease, as amended by one or more Amendments to Lease-Purchase Agreement (each “New Amendment to Lease”) and (ii) receive, hold and invest the proceeds of the sale of the New Certificates and deposit (A) a portion of the proceeds in the Construction Account to pay costs associated with the Project authorized under the 2020 Resolution and (B) that portion of the proceeds necessary to refund and redeem the Certificates to be Refunded in a refunding account (the “Refunding Account”).  In addition, any excess proceeds from the New Certificates, or any other prior series of Certificate of Participation may be used to pay costs of any capital expenditures associated with any Facilities leased pursuant to the Lease.   The New Certificates may be divided and issued into more than one series in which case they shall be designated and identified by designation of years and/or letters (e.g. Series 2022A, Series 2022B, Series 2022C, etc.) and each New Amendment to Lease and New Supplemental Trust shall be designated numerically in sequence (e.g. Nineteenth, Twentieth etc.).  In addition, to the extent permitted under Section 265 of the Code (as defined below), one or more series of New Certificates shall be designated “bank qualified”.

1.7    The Refunding Certificates authorized hereunder will be offered pursuant to an Official Statement which may be the same Official Statement authorized by the 2020 Resolution for the Offer of the Project Certificates (separately or collectively, the “Official Statement”).

1.8    If any Additional Land is to be acquired with proceeds of the Project Certificates or if any Project is not currently located on land which is already subject to the Ground Lease, the Chairman and County Auditor have been authorized pursuant to the 2020 Resolution to execute and deliver a quit claim deed or supplement to Ground Lease relating to such Additional Land or site of any such Project to the Trustee for inclusion in the Ground Lease and the Ground Lease, as so amended and supplemented, shall lease such site back to the County pursuant to the Lease.  As of the date of this Resolution, it is anticipated that it will be necessary to add the parcel for the new Highway Shop at 2300 E 6oth ST N to the Ground Lease which is legally described as Tract 2 Minnehaha County Addition SE1/4 27 102 49 Mapleton Township 102-49.  The foregoing legal description is subject to refinement and correction as necessary to include said parcel in the Ground Lease.

1.9    Forms of the following documents relating to the Refunding Certificates are directed to be prepared by Perkins Coie LLP, as Bond Counsel, and submitted to the County and are hereby directed to be filed with and approved by the County Auditor and the Deputy State’s Attorney (all or any of which may be combined into similar documents which have been authorized by the 2020 Resolution with respect to the Project Certificates): (a) the New Amendment to Lease, (b) the New Supplemental Trust and (c) the Certificate Purchase Agreement and (d) a Continuing Disclosure Undertaking with respect to the New Certificates (the “Continuing Disclosure Undertaking” and, together with the New Amendment to Lease, the New Supplemental Trust, the Certificate Purchase Agreement and any and all related documents, certificates, and other instruments in connection with the New Certificates  herein referred to as the “Documents”).

1.10    Pursuant to the 2020 Resolution, New Certificates were authorized to be issued in a principal amount not to exceed $25,000,000 to finance costs of the Projects.  There has heretofore been issued under the authority of the 2020 Resolution $9,800,000 of Certificates of Participation, Series 2020 so that the remaining authorized amount of Certificates to be issued under 2020 Resolution is $15,200,000.

Section 2    Authorization of Documents.

2.1    Authorization and Approval of the Documents for the Refunding Certificates.  The refunding of the Certificates to be Refunded described above is found to be in the public interest and favorable to the County and its residents, and is hereby approved.  The Chairman and County Auditor are authorized to approve the principal amount of a new Amendment to Lease and related series of Refunding Certificates to refund the Certificates to be Refunded in an aggregate amount not to exceed $2,000,000 by providing for a deposit in the Refunding Account sufficient to refund and redeem all of the Certificates to be Refunded.  The term for the Refunding Certificates shall not exceed eleven (11) years from the date of the related Amendment to Lease and the interest rate or rates thereon shall not exceed a rate equivalent to a bond yield (calculated consistent with the arbitrage regulations currently applicable to tax exempt bonds pursuant to Section 148 of the Code) of 3.5% per annum.  The Refunding Certificates are to be sold to the Underwriter pursuant to a negotiated sale to be evidenced by a Certificate Purchase Agreement (the “Certificate Purchase Agreement”) between the County and Collier Securities (the “Underwriter”), which Certificate Purchase Agreement shall specify a purchase price of not less than 99.2%.  

2.2    Amended to Authorization and Approval Documents for the Project Certificates Pursuant to the 2020 Resolution.    The forms of Documents authorized with respect to the Project Certificates under the 2020 Resolution are hereby amended such that the minimum purchase price under the Certificate Purchase Agreement shall not be less than 99.2%.  Subject to the amendment set forth in the preceding sentence and the authority elsewhere in this Resolution to combine the offer, sale and related documentation of the Project Certificates and the Refunding Certificates, the 2020 Resolution is hereby incorporated herein as if expressly set forth in full and is ratified and confirmed in all other respects.

2.3    The Documents for the Project Certificates and Refunding Certificates shall are hereby approved if the County Auditor deems them appropriate and the Documents are approved by the Deputy State’s Attorney. The Chairman and the County Auditor are directed to execute the Documents if approved by the County Auditor. Copies of all Documents shall be delivered, filed and recorded as provided therein. The Chairman and the County Auditor and the Deputy State’s Attorney are also authorized and directed to execute such other instruments as may be required to give effect to the transactions therein contemplated. The County will cooperate in the issuance of the New Certificates and the Chairman, the County Auditor and the Deputy State’s Attorney shall execute such other instruments as are necessary to the issuance of the New Certificates.

Section 3    Modification, Absence of Officers.  The approval hereby given to the Documents includes an approval of such additional details therein as may be necessary and appropriate and such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Deputy State’s Attorney prior to the execution of the Documents. The execution of any instrument by the appropriate officer or officers of the County herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Chairman or the County Auditor, any of the Documents authorized by this resolution to be executed may be executed by such officer as, in the opinion of the Deputy State’s Attorney, may execute documents in their stead.

Section 4    Payment of Lease Payments.  The County will pay to the Trustee promptly when due, all of the Lease Payments (as defined in the Lease) and other amounts required by the Lease. To provide moneys to make such payments the County will include in its annual budget, for each fiscal year during the term of the Lease, moneys sufficient to pay and for the purpose of paying all Lease Payments and other amounts payable under the Lease, and will take all other actions necessary to provide moneys for the payment of the obligations or the County under the Lease from sources of the County lawfully available for this purpose, including the levy of such taxes as may be necessary therefor, including levies under South Dakota Codified Laws Section 10-13-35, subject only to the limitations on such levies imposed by South Dakota law.

The County agrees and covenants to include in its annual budget for each fiscal year during the term of the Lease moneys sufficient to pay and for the purpose of paying the Lease Payments pursuant to the Lease, as amended and supplemented by the New Amendment to Lease, and to levy a tax pursuant to South Dakota Codified Laws Section 7-25-1, and in conformity with the South Dakota Codified Laws Section 10-13-35 and South Dakota Constitution Article XIII Section 5, in an amount which will generate an amount sufficient and for the purpose of paying the Lease Payments pursuant to the New Amendment to Lease, to the extent permitted by law and to take all other actions necessary to provide moneys for the payment of the Lease Payments pursuant to the New Amendment to Lease from sources of the County lawfully available for such purpose.

Section 5    Tax Matters.  The County covenants and agrees with the Trustee and the registered owners from time to time of the New Certificates that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the New Certificates to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the New Certificates will not become subject to taxation under the Code and the Regulations. The County will cause to be filed with the Secretary of the Treasury an information reporting statement in the form and at the time prescribed by the Code. The County will comply with the provisions of Section 148(f) of the Code, relating to the rebate of arbitrage profits to the United States, if and to the extent that such provisions are applicable to the Lease and the New Certificates.

Section 6    Arbitrage Certification.  The Chairman and the County Auditor, being the officers of the County charged with the responsibility for issuing the New Certificates pursuant to this Resolution, are authorized and directed to execute and deliver to the Trustee a certificate in accordance with the provisions of Section 148 of the Code and Sections 1.148-1 et al of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the New Certificates which make it reasonable to expect that the proceeds of the New Certificates will not be used in a manner that would cause the Lease or the New Certificates to be arbitrage bonds within the meaning of the Code and Regulations.

Section 7    Official Statement.  The County will participate in the preparation of the Preliminary Official Statement and the final Official Statement relating to the New Certificates and hereby authorizes the County Auditor to consent to the distribution of the Official Statement by the purchaser of the New Certificates in connection with the sale of the New Certificates. The Preliminary Official Statement, except for Permitted Omissions, will be deemed final by the County when authorized by the County Auditor as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934. As used herein, “Permitted Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, rating, if any, and other terms of the New Certificates depending on such matters.

Section 8    Amendment.  This resolution may be amended from time to time, prior to the issuance of the New Certificates, by an administrative resolution adopted by this Board.

Section 9    Date Resolution Becomes Effective.  This resolution shall become effective twenty days after publication in accordance with South Dakota Codified Laws Section 7-18A-8.

Adopted this 4th day of January, 2022.

Cindy Heiberger

Its Chairman

ATTEST:

Bennett Kyte

County Auditor

BRIEFING

Carol Muller, Commission Administrative Officer, introduced Doug Rowe and Alec Leddy with Berry Dunn, who were both present via teleconference, to present a prosecution system comparison report. The report highlighted the background and comparison summary as well as the comparison of both the County Prosecution Case Management System and ProsecutorbyKarpel Case Management System. The strengths and weaknesses of each software program were discussed in detail.  The strengths of the County Prosecution Case Management System include numerous functional benefits, including Discovery, notification features, and email attachments; interfaces with all necessary justice partners; and be able to collect and store files and data in a cost-efficient manner using external hard drives.  The weaknesses of the County Prosecution Case Management System are frequently freezes/crashes, limiting usability and harming user trust; ineffective report development; does not assist with caseload management; takes time to accommodate State and County statutes; and ineffective system calendaring.  ProsecutorbyKarpel Case Management System offers the following strengths: commercial-off-the-shelf; meets all County functional and technical requirements; mature and cloud-hosted; and well-estimated interfaces with justice partners with flat fee pricing. The weakness of ProsecutorbyKarpel Case Management are the lack of customizability and potential increase in storage costs. 

ZONING APPEAL

Commissioner Bender excused herself from the meeting at 10:24 a.m.

Kevin Hoekman, Planner, gave a briefing on an appeal of a decision by the Minnehaha County Planning Commission to approve Conditional Use Permit #21-76 Allowing Construction of a Public Facility. This is a continuation of the hearing that was held on December 21,2021. Chair Heiberger reminded the parties that the Commission had heard all previous arguments and requested that the parties restrict their presentation to the question raised at the prior hearing as to the definition of a public utility.

Chair Heiberger asked for proponents and opponents to speak on the topic.

Proponents

Jason Sutton, representing Northern Natural Gas Company, presented his arguments for granting the conditional use permit. Mr. Sutton stated that the property in question is zoned as AG-1 and that the project would be eligible for a conditional use permit under the ordinance. Mr. Sutton went on to present his arguments why Northern Natural Gas Company should be considered a public utility.

William Taylor, representing Brightmark, presented a brief on the history of the natural gas regulation in the United States. Mr.Taylor also presented his arguments why Northern Natural Gas  Company should be considered a public utility and why the project met the requirements of a public utility facility under Minnehaha County ordinance.

Opponents

Reece Almond, representing David Wirkus and Nicole Dybvig-Wirkus, presented his arguments why Northern Natural Gas Company should not be considered a public utility. Mr. Almond stated that according to the ordinance Northern Natural Gas does not meet the definition of a public utility based on Northern Natural Gas Company’s own arguments to the South Dakota Public Utilities Commission that it is not a public utility.

MOTION by Karsky, seconded by Barth, pursuant to § 19.06 of Minnehaha County 1990 Revised Zoning Ordinance, that the decision of the Planning Commission be amended as follows: that the application be approved under § 3.04(X) of the 1990 Revised Zoning Ordinance rather than under § 3.04(W) and that all of the terms and conditions imposed by the Planning Commission would still apply. By roll call vote: 4 ayes.

Commissioner Bender returned to the meeting at 11:12 a.m

LEGISLATIVE UPDATE

Tyler Klatt, Assistant Commission Administrative Officer, gave a briefing on the 2022 Legislative bills that impact Minnehaha County specifically highlighting House Bills (HB) 1001. HB 1001 would revise the freeze on assessments for dwellings of disabled and senior citizens. The legislation would address the eligibility criteria for the Disabled and Senior Citizen Assessment Freeze Program; increase the maximum single-member household income from $25,000 to $35,000; increase the maximum multi-member household income from $25,000 to $45,000; amend the full and true market value of single-family dwellings which the statute does into apply to, from $150,000 to $300,000 or more; and changes the method for increasing the above maximums to an annual increase, beginning January 1, 2023. This legislation is part of the Sioux Falls-Minnehaha County joint legislative priorities and the SD Association of County Commissioners resolutions. 

Motion by Karsky, seconded by Beninga, to recess at 11:15 a.m. to 11:25 a.m. 5 ayes

MOTION by Karsky, seconded by Beninga, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3), and (4). 4 ayes.

Motion by Karsky, seconded by Beninga, to adjourn. 4 ayes.

The Commission adjourned until 9:00 a.m. on Tuesday, January 18, 2022.

APPROVED BY THE COMMISSION:

Cindy Heiberger

Chair

ATTEST:

Kym Christiansen

Commission Recorder 

Published once at the total approximate cost of $628.70.

Jan 12, 2022

 

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