Legals: Nov. 10, 2021
Minnehaha County
_________ Minutes _________
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. November 2, 2021, pursuant to adjournment on October 26, 2021. Commissioners present were: Bender, Heiberger, Beninga, and Karsky. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State’s Attorney.
MOTION by Bender, seconded by Heiberger, to approve agenda. 4 ayes.
MOTION by Heiberger, seconded by Bender, to approve the October 26, 2021, Commission meeting minutes. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Beninga, seconded by Bender, to approve the following bills totaling $585,662.53. 4 ayes.
4 Fat Guys Lease-Rental Agmt 8,700.00, 605 Properties Welfare Rent 500.00, A Bar K Auto/Small Equip 21.64, A&B Business Solut Lease-Rental Agmt 189.27, A&B Business Solut Maint Contracts 144.77, AGP Studios Welfare Rent 625.00, Airgas USA Gas Oil & Diesel 35.45, Airgas USA Small Tools & Shop Sups 4.49, Airway Svc Auto/Small Equip 326.97, Airway Svc Gas Oil & Diesel 93.42, Anderson, Jennifer Bd Evals (Minnehaha) 2,062.46, Appeara Program Activities 73.45, Avera Mckennan Hospitals 1,905.82, Avera Mckennan Other Medical Svcs 914.36, Avera Mckennan Physicians 137.80, Axis Forensic Toxic Lab Costs 720.00, Benco Products Small Tools & Shop Sups 23.45, Bob Barker Company Inmate Sups 1,090.17, Borgum, Diana Program Activities 200.00, Boyer Ford Trucks Truck Repairs & Maint 76.35, Braun, Mason Investigators Expenses 161.28, Chemdry Of SF Building Repairs & Maint 685.45, City Glass & Glazing Jail Repairs & Maint 8,732.00, Cole Papers Janitorial Chemical Sups 274.16, Concordance Health COVID Expenses 2,389.85, Construction Product Bridge Repair & Maint 587.50, Correctional Medical Contract Svcs 319,244.05, CPI/Guardian Inmate Sups 2,407.00, Cummins Outside Repair 727.10, Dakota Embalming Transportation 728.25, Dakota Fluid Power Truck Repairs & Maint 7.64, Dakota Sup Group Plumbing & Welding 283.69, Dalsin Fairgrounds 1,044.00, Dust Tex Svc Janitorial Chemical Sups 21.12, EJW Welfare Rent 1,242.00, Empire Toner Data Processing Sups 1,328.93, Erin M Johnson Bd Exp Fees (Minnehaha) 7,163.00, Erin M Johnson Crisis Intervention Program 57.00, Family Svc Donations 1,400.00, Family Svc Insurance-Other Costs 560.00, First Dakota Nation Homeland Security 3,634.41, Force America Distr Truck Repairs & Maint 80.62, G & R Controls Jail Repairs & Maint 5,655.00, Galls Quartermaster Uniform Allowance 704.00, Golden West Telephone 69.95, Graham Tire Co Auto/Small Equip 625.99, Grainger Building Repairs & Maint 31.26, Grant Square Welfare Rent 644.00, Graybar Electric Building Repairs & Maint 559.70, Graybar Electric Hwy Shop Repairs & Maint 666.82, Graybar Electric Jail Repairs & Maint 528.55, Great Bear Sand Sign Deposits 50.00, Greater Sioux Falls Memberships 204.00, Gunner, Andrea Court Reporters 90.60, Holiday Credit Road Maint & Material 35.94, Horn Law Attorney Fees 257.40, Houser, Woody Welfare Rent 500.00, Ideal Yardware Road Maint & Material 120.00, Innovative Office JDC Custodial Sups 383.76, Interstate Office Office Sups 461.76, JCL Solutions Inmate Sups 822.96, JCL Solutions Kitchen/Cleaning Sups 2,175.00, Kate Weir Business Travel 20.00, Katterhagen, Mark Bd Exp Fees (Yankton) 49.50, Krista Leidholt Donations 66.89, Kurita America Hold Heat, Vent & AC Repairs 1,659.55, Kyle Johnson Donations 83.14, Kyra Enterprises Motels 250.00, Kyte, Ben Business Travel 207.32, Laura Gilbertson Misc Revenue 300.00, Lewis & Clark Behav Bd Evals (Yankton) 1,840.00, Lewno Law Bd Exp Fees (Yankton) 513.09, Lindsay Parsley Misc Revenue 150.00, Lockwood, Darcy Bd Exp Fees (Yankton) 9.50, Loving, Philip Bd Evals (Minnehaha) 3,208.38, Macdoctors Data Processing Equip 1,078.00, Mac’S Hardware Jail Repairs & Maint 6.99, Mac’S Hardware Motor/Machine/Equip Repair 20.50, Mailway Printers Publishing Fees 1,425.00, Mattson, Mike Uniform Allowance 78.00, Medstar Paramedic Transportation 4,800.00, Megan Arend Misc Revenue 300.00, Menard Building Repairs & Maint 55.99, Menard Janitorial Chemical Sups 35.74, Menard Program Activities 389.28, Midamerican Energy Natural Gas 3,807.66, Midamerican Energy Welfare Utilities 567.99, Midland Jail Repairs & Maint 112.13, Midwest Oil Company Fuel Oil 1,409.09, Minnehaha Cnty Fire Memberships 120.00, Napa Auto Parts Auto/Small Equip 410.65, Napa Auto Parts Small Tools & Shop Sups 10.00, Olson, Robert Taxable Meal Allowances 18.00, Pennington County Transportation 2,752.80, Pettigrew Heights Welfare Rent 1,305.00, Pfeifer Implement Motor/Machine/Equip Repair 440.50, Piedmont Plastics Program Activities 1,425.00, Pioneer Enterprises Burials 4,000.00, Prestox Outside Repair 528.00, Prestox Professional Svcs 61.00, Pride Neon Vehicle Equip 2,475.00, Qualified Presort Postage 204.53, Qualified Presort Printing/Forms 523.25, R&L Sup Heat, Vent & AC Repairs 111.30, R&L Sup Jail Repairs & Maint 726.18, R&L Sup Plumbing & Welding 97.31, Renee Voss Business Travel 20.00, Rr Brink Locking Sys Jail Repairs & Maint 814.00, Sanford Lab Costs 496.40, Sanford Other Medical Svcs 2,282.20, Sanford Professional Svcs 138.43, Sanford Clinic Other Medical Svcs 819.81, Sanford Clinic Professional Svcs 11.84, Sanford Vermillion Other Medical Svcs 609.75, Schumacher Elevator Jail Repairs & Maint 981.75, SD Public Assurance Property & Liability 609.76, SHI International Maint Contracts 12,151.56, Short Elliott Hendr Architects & Engineers 3,039.18, Southeast SD Tourism Advertising 3,208.00, State Of SD Administrative Charges 25.50, State Of SD Amts Held-Daily Scram 2,948.00, State Of SD Amts Held-Remote Breath 976.00, State Of SD Architects & Engineers 829.61, State Of SD Contracted Construction 500.00, State Of SD Data Communications 250.00, State Of SD Misc Expense 46.68, State Of SD Office Sups 48.00, State Of SD Outside Repair 14.70, State Of SD Sign Sup Invent 69.12, State Of SD Telephone 502.50, Stellar VIP Limousin Program Activities 630.00, Summit Fire Protect HHS Maint 127.50, Summit Fire Protect JDC Maint 206.00, Summit Food Svc Board Of Prisoners-Meals 38,773.03, Summit Food Svc Child Care Food 488.69, Summit Food Svc COVID Expenses 561.60, Summit Food Svc Inmate Sups 228.07, Summit Food Svc School Lunch Program 792.91, Taylor Court HIDTA Grant 280.00, Team Auto Auto/Small Equip 51.27, Tessman Seed Comp Grounds & Parking Repair 368.00, Tristate Emergency Memberships 40.00, Tri-State Nursing Professional Svcs 3,028.50, Truenorth Steel Pipe & Culvert Inventory 30,715.10, Trugreen Limited Professional Svcs 58.06, Two Way Solutions Comm Equip Repair 2,861.03, Tzadik Sioux Falls Welfare Rent 1,500.00, Tzadik Taylors Place Welfare Rent 500.00, Uline Kitchen/Cleaning Sups 98.33, United Parcel Servic Postage 8.38, US Foods Misc Expense 92.61, US Foods Other Sups 81.87, US Foods Professional Svcs 904.85, Wernke, Laurie Bd Exp Fees (Minnehaha) 42.67, Western Center Program Activities 11,752.17, Xcel Energy Electricity 35,591.98, Xcel Energy Welfare Utilities 263.65, Yankton County Attorney Fees 1,190.60, Yankton County Return Of Svc 150.00.
REPORTS
The Auditor’s Account with the Treasurer as of September, 2021 was received and placed on file in the Auditor’s Office.
PERSONNEL
MOTION by Bender, seconded by Beninga, to approve the following personnel actions. 4 ayes.
New Hires
1. Alexander Wahl, Deputy Sheriff for the Sheriff’s Office, at $24.18/hour (17/1) effective 11/15/2021.
2. Spencer Kommes, Deputy Sheriff for the Sheriff’s Office, at $24.18/hour (17/1) effective 11/15/2021.
Promotions
1. To promote Carlos Bencomo, Correctional Officer for the Jail to Deputy Sheriff for the Sheriff’s Office, at $24.18/hour (17/1) effective 11/13/2021.
Step Increases
1. Darrell Jonas, Highway Maintenance Team Member for the Highway Department, at $24.80/hour (12/12) effective 11/9/2021.
2. Kevin Keegan, Corporal for the Jail, at $28.06/hour (17/7) effective 11/7/2021.
3. Kyle Vande Weerd, GIS Analyst for the Planning Department, at $26.70/hour (17/5) effective 11/13/2021.
4. Mark Joyce, Senior Deputy State’s Attorney for the State’s Attorney’s Office, at $3,250.40/biweekly (22/8) effective 10/31/2021.
5. Lori McCoy, Tax and License Technician for the Treasurer’s Office, at $17.98 (10/3) effective 10/2/2021.
Special Personnel Action
To recognize the following significant employee anniversaries for November 2021: 5 years – Eli Show, John O’Malley, Heidi Hesvik, Anna Kirchenwitz, Ronald Figg, and Adam Eschen, 10 Years – Jeffery Yarbrough, 15 years – Mandi Mowery and Brett Dannen, 20 Years – Keith Wynia and Vicki Fuglsby, 30 Years – Joseph Eining.
To record volunteers in County Departments for October 2021. The list is on file at Human Resources.
MOTION by Heiberger, seconded by Beninga, to authorize temporarily hiring variable support positions in the Treasurer’s Office effective immediately. 4 ayes.
MOTION by Bender, seconded by Heiberger, to approve an exception to variable hour pay policy for 2022 for employees earning less than $12.00/hour. 4 ayes.
MOTION by Bender, seconded by Beninga, to approve an increase to attorney base pay by 5.0% and increase current attorney salaries by 2.5%, except for Department Heads. The new base salary for attorneys of 22/3 would be ($74,317.60, annualize) and to approve pay adjustments for attorneys below the maximum of the range effective 11/13/2021. 4 ayes.
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MOTION by Bender, seconded by Heiberger, to approve a 3.0% matrix increase from a 2.5% budgeted increase for the 2022 pay matrix adjustment for non-elected, full time benefits eligible positions. 4 ayes.
MOTION by Bender, seconded by Heiberger, to approve the addition of June 19th as a County holiday beginning in 2022. 4 ayes.
NOTICES
Upon the request of Scott Anderson, Planning Director, MOTION by Beninga, seconded by Bender, to authorize the auditor to publish notice of hearing on November 23, 2021 to consider an amendment to the 1990 Revised Zoning Ordinance for Minnehaha County to rezone parcel at 25981 482nd Avenue from the A-1 Agricultural District to the I-1 Light Industrial District. 4 ayes.
BRIEFING
Nicole Dvorak, Glory House Interim President, and Kelly Cleveringa, Glory House Program Coordinator, gave a presentation regarding the Glory House including that the apartments are at capacity and there are plans for additional building moving forward in 2022-2023 that will consist of efficiency apartments as well as one- and two-bedroom units. The presentation also highlighted the evidenced based practices and cognitive behavioral theories that are in practice as well as a success story of a client who has purchased their own home after receiving assistance from the Glory House.
Janet Kittams, Helpline Center CEO, gave a presentation on the Helpline Center including 211, Suicide Prevention & Crisis Support, and Volunteer Connections. The presentation also highlighted the current trends for 2021 which shows there being 31,497 contacts through September 2021 for Minnehaha County and the top three contacts needs are housing, food/meals, and health care. The Helpline Center has recently updated the website as well as launching an application to ease in the accessing resources. The presentation went on to highlight the upcoming change to the national suicide prevention lifeline becoming the 988 mental health information, support and crisis line which will be active in July of 2022. Finally, the partnership between 988 and 911 was discussed as well as the difference between 211 and 988.
TAX DEEDS
Ben Kyte, Auditor, requested approval of a tax deed sale resolution for RDID – 70628. On September 25th, 2021, the Auditor’s Office held an auction of surplus property related to Tax Deed properties acquired by the Treasurer’s Office in August, 2021. On October 22nd, the purchaser of RDID-70628, CAM Companies, LLC, remitted to the Auditor’s Office the balance due for the purchase of the property. MOTION by Beninga, seconded by Heiberger, to approve Resolution MC21-61, approving sale of tax deed property RDID 70628. By roll call vote: 4 ayes.
RESOLUTION APPROVING SALE OF
TAX DEED PROPERTY RDID 70628
MC21-61
WHEREAS, on September 25, 2021, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit:
RDID 70628, Tax Certificate # 11-00945, 4208 N Jans Dr, Sioux Falls, SD; Lot 5, Block 1 of Green Hills Addition to the City of Sioux Falls, Minnehaha County, South Dakota, sold to CAM Companies, LLC, 421 N. Phillips Ave, Suite 411, Sioux Falls, SD 57104, for $167,300.00; and
WHEREAS, CAM Companies, LLC, signed a purchase agreement establishing the terms and conditions of the sale, and has paid the purchase price in full for the parcel;
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Commission that this sale be approved as set forth above and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed for the property above described to CAM Companies, LLC, and the Minnehaha County Auditor is authorized to abate all outstanding taxes, interest, and penalties levied against the property, if necessary.
Dated at Sioux Falls, South Dakota, this 2nd day of November, 2021.
Approved by the Minnehaha County Commission:
Dean Karsky
Commission Chair
ATTEST:
Kym Christiansen
Deputy Auditor
RESOLUTION
Motion by Bender, seconded by Heiberger, to defer action on Parcel #35525 until the November 16 Commission Meeting. 4 ayes
Ben Kyte, Auditor, presented a Resolution to Rescind Resolution MC 19-42 Approving the Property Tax Payment Plan for Parcel 28855 due to lack of payment by the property owner. MOTION by Heiberger, seconded by Bender, to approve Resolution 20-62 Rescinding Resolution MC 19-42 Approve the Property Tax Payment Plan for Parcel 28855. By roll call vote: 4 ayes.
RESOLUTION MC 21 – 62
A RESOLUTION TO RESCIND RESOLUTION MC 19-42 WHICH APPROVED THE
PROPERTY TAX PAYMENT PLAN FOR PARCEL 28855
WHEREAS, Minnehaha County holds Tax Certificate No. 13-00967 due to delinquent property taxes for Parcel 28855, legally described as the Lot Seven (7) and the North Twelve Feet (N 12’) of the East One Hundred Feet (E 100’) of Lot Eight (8), Block Five (5) of Covell’s First Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and
WHEREAS, on the 24th day of September, 2019, the Minnehaha County Board of Commissioners approved a tax payment plan for Parcel 28855 as proposed by the owners, Norman and Paulette Haeffner, whereby to satisfy all outstanding taxes, penalties, and interest, the owners agreed to pay to Minnehaha County, to wit: an initial payment of $499.83 by October 1st, 2019; monthly payments of $499.83 through September 2021; and a final payment for any remaining unpaid balance by September 1st, 2021; and
WHEREAS, the owners have failed to comply with the terms and conditions of the payment plan, and have thereby defaulted in their obligations; and
WHEREAS, on the 1st day of November, 2021, the owners were personally served with notice of the time and place when this Resolution would be considered; and
WHEREAS, Minnehaha County desires to proceed with the tax deed process on the Parcel pursuant to SDCL Ch. 10-25;
NOW, THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners that Resolution MC 19-42, Approval of Property Tax Payment Proposal on Parcel 28855, approved by the Board of Commissioners on the 24th day of September, 2019, is hereby RESCINDED, and such Resolution and payment plan is of no further force and effect; and
BE IT FURTHER RESOLVED, by the Minnehaha County Board of Commissioners that the funds previously paid to Minnehaha County by the owners may be applied to the amount due or delinquent, or held until such time as the funds may be properly applied, at the discretion of the Minnehaha County Auditor; and
BE IT FURTHER RESOLVED, that the Minnehaha County Treasurer may proceed with the tax deed process on Parcel 28855 in accordance with SDCL Ch. 10-25.
Approved by the Minnehaha County Commission:
Dean Karsky
Commission Chair
ATTEST:
Kym Christiansen
Deputy Auditor
Ben Kyte, Auditor, presented a Resolution to Rescind Resolution MC 19-29 Approving the Property Tax Payment Plan for Parcel 75076 due to lack of payment by the property owner. MOTION by Heiberger, seconded by Beninga, to approve Resolution 20-63 Rescinding Resolution MC 19-29 Approve the Property Tax Payment Plan for Parcel 3552. By roll call vote: 4 ayes.
RESOLUTION MC 21 – 63
A RESOLUTION TO RESCIND RESOLUTION MC 19-29 WHICH APPROVED THE
PROPERTY TAX PAYMENT PLAN FOR PARCEL 75076
WHEREAS, Minnehaha County holds Tax Certificate No. 14-01276 due to delinquent property taxes for parcel 75076, legally described as the Lot Five (5), Block One (1) of Pexa Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and
WHEREAS, on the 6th day of August, 2019, the Minnehaha County Board of Commissioners approved a tax payment plan for Parcel 75076 as proposed by the owners, Terry Pexa and Deborah Pexa, whereby to satisfy all outstanding taxes, penalties, and interest, the owners agreed to pay to Minnehaha County, to wit: an initial payment of $243.12 by September 25th, 2019; monthly payments of $243.12 through July 2020; and a final payment for any remaining unpaid balance by August 25th, 2020; and
WHEREAS, the owners have failed to comply with the terms and conditions of the payment plan, and have thereby defaulted in their obligations; and
WHEREAS, on the 29th day of October 2021, the owners were personally served with notice of the time and place when this Resolution would be considered; and
WHEREAS, Minnehaha County desires to proceed with the tax deed process on the Parcel pursuant to SDCL Ch. 10-25;
NOW, THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners that Resolution MC 19-29, Approval of Property Tax Payment Proposal on Parcel Record 75076, approved by the Board of Commissioners on the 6th day of August, 2019, is hereby RESCINDED, and such Resolution and payment plan is of no further force and effect; and
BE IT FURTHER RESOLVED, by the Minnehaha County Board of Commissioners that the funds previously paid to Minnehaha County by the owner may be applied to the amount due or delinquent, or held until such time as the funds may be properly applied, at the discretion of the Minnehaha County Auditor; and
BE IT FURTHER RESOLVED, that the Minnehaha County Treasurer may proceed with the tax deed process on Parcel 75076 in accordance with SDCL Ch. 10-25.
Approved by the Minnehaha County Commission:
Dean Karsky
Commission Chair
ATTEST:
Kym Christiansen
Deputy Auditor
AGREEMENTS
Upon request of Jacob Maras, Engineering Supervisor, MOTION by Bender, seconded by Beninga, to authorize the chair to sign the change order for project MC17-01 Highway 146 Reconstruction. By roll call vote: 4 ayes.
ALCOHOL BEVERAGE LICENSING
Susan Beaman, Finance and Budget Officer, presented the liquor and wine license renewal applications for the 2022 licensing year. The applications were reviewed by the State’s Attorney’s Office, the Sheriff’s Office, and the Planning & Zoning Department. There were no violations, objections, or concerns reported. MOTION by Heiberger, seconded by Bender, to approve the following 2022 Liquor and Wine Renewal License Applications:
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Lockwood & Zahrbock Kool Law Firm
____ Notice of Hearing ____
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
ss:
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Change of Name of
P.J.D. (D.O.B 05/14/2019) &
P.E.D. (D.O.B. 05/14/2019)
MINOR CHILDREN
and
REBAKAH B. DEHAAI,
Petitioner.
CIV. 21-2703
NOTICE OF HEARING
TO: SEAN DOUGHERTY, RESPONDENT
A hearing on Petitioner’s Petition for Name Change of Minor Children will be held before the above-entitled Court, in the Courtroom of the Honorable John Pekas, at the hour of 11:00-11:30 o’clock, a.m., on Tuesday, the 14th day of December, 2021, at the Minnehaha County Courthouse, 425 N. Dakota Ave., Sioux Falls, South Dakota.
Dated this 11th day of October, 2021, at the City of Sioux Falls, County of Minnehaha, State of South Dakota.
/s/ Rachel Preheim
Lockwood & Zahrbock Kool Law Office
400 North Main Ave, Ste 202
Sioux Falls, SD 57104
(605) 331-3643
Attorney for Petitioner
Published four times at the approximate cost of $50.36
Nov. 3, 10, 17 & 21, 2021
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Split Rock Township
__________ Notice __________
Pursuant to SDCL 31-3-9, notice is given that on October 26, 2021, the Split Rock Township Supervisors adopted a Resolution and Order Vacating a Service Road described as:
That 33-foot wide and 660-foot long roadway labeled “Floyd Avenue” lying east of Lots 1 and 2 of Inberg’s Subdivision of Riggs Tract One in the West Half of the Southeast Quarter (W1/2 SE1/4) of Section 7, Township101 N., Range 48 West of the 5th P.M., Minnehaha County, South Dakota, consisting of approximately 0.50 acres, more or less, as shown on that recordedPlat in Book 32 of Plats on Page 55, on July 7, 1971.
Published twice at the approximate cost of $12.90
Nov. 3 & 10, 2021
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Split Rock Township
__________ Notice __________
Pursuant to SDCL 31-3-9, notice is given that on October 26, 2021 the Split Rock Township Supervisors adopted an Amended Resolution and order vacating a Service Road described as:
That 33-foot wide and 1,271.47-foot long Service Road lying adjacent to Tract 4 of Willow Ridge Addition, an Addition in the Northwest Quarter (NW1/4) of Section 17, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota, as Shown on that recorded Plat in Book 79 of Plats, page 48, on March 1, 2017.
Published twice at the approximate cost of $11.64
Nov. 3 & 10, 2021
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City of Brandon
___ Briefing Minutes ___
The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, October 28, 2021, at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, Jack Parliament and Mayor Jim Heinitz. Other’s present were City Administrator, Bryan H Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Fire Chief, Robert Dykstra; Police Chief, Jamie Steffel; Public Works Director, Rollie Hoeke and Golf Course Manager, Andrew Bauer. Absent: David Kull.
The Council discussed items on the agenda for the upcoming November 1, 2021, regular Council meeting. No formal action was taken.
At 6:22 p.m., hearing no further business, the meeting adjourned.
Christina Smith
Municipal Finance Officer
Jim Heinitz
Mayor
Published at the approximate cost of $8.90
Nov. 10, 2021
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City of Brandon
_________ Minutes _________
The Brandon City Council met in regular session at 6:00 p.m. on November 1, 2021 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Jack Parliament 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; Park Superintendent, Devin Coughlin; Golf Course Manager, Andrew Bauer and Public Works Director, Rollie Hoeke.
Alderwoman Clark moved Alderwoman Fish seconded to approve the agenda. Motion carried.
Alderman Kull moved Alderman Parliament seconded to approve the minutes of the October 14, 2021 briefing meeting and the minutes of the October 18, 2021 regular meeting. Motion carried.
Alderman Parliament moved Alderwoman David seconded to approve the following claims. Motion carried.
VENDOR, DESCRIPTION, AMOUNT;
AE2S, Professional Services, 108,008.49; Active Network, Equipment, 620.00; AFLAC, October Premium, 1,013.21; Beal Distributing, GC Resale, 334.00; Border States Electric, Supplies, 26.16; Builders Supply Company, Supplies, 1,533.00; BV Area Chamber of Commerce, Registration, 10.00; Coffee Cup, Fuel, 50.50; Corson Village Sanitary District, Utilities, 881.31; D & S Chips Away, Repairs, 40.00; Dakota Fluid Power, Supplies, 273.75; Delta Dental, November Premium, 2,993.30; DGR Engineering, Professional Services, 72,646.34; Direct Automation, Software, 1,824.57; Direct Technologies, Software, 841.12; Fastenal, Supplies, 342.77; Fleetpride, Supplies, 71.52; Hach Company, Supplies, 941.31; Hawkins Water Treatment, Chemicals, 1,900.00; HDR Engineering, Professional Services, 9,280.00; I & S Group Inc, Professional Services, 5,500.00; Jack’s Uniforms & Equipment, Clothing, 567.36; Lacey Rentals, Rentals, 615.00; Meierhenry Sargent, LLP, Professional Services, 997.50; Metro Communications, Qrtly Service Fee, 20,625.00; Michael’s Purple Petunia, Professional Services, 122.50; Modern Woodmen, November Premium, 1,747.35; Myrl & Roy’s Paving, Repairs, 2,393.02; Off Your Rocker, Supplies, 40.42; Orkin, Professional Services, 120.00; Palisades Oil Co., Fuel, 4,826.72; Performance Press, Supplies, 257.00; Pitney Bowes, Supplies, 64.59; Pizza Ranch – East, GC Resale, 68.50; Prairie Sons, Hired Repairs, 15,992.17; PS Garage Doors of SD, Hired Repairs, 299.10; Rural Office of Community Services, Transit, 13,488.97; Sanitation Products, Inc., Supplies, 355.38; Schonstedt, Hired Repairs, 366.43; SD Dept. of Health, Professional Services, 164.00; SD Dept. of Health, Fees, 275.00; SD One Call, Utilities, 243.04; Sioux Falls Area Chamber of Commerce, Dues, 204.00; Sioux Falls Ford, Repairs, 68.84; Sioux Valley Energy, Utilities, 39,054.75; Staples, Supplies, 746.33; Staples Enterprises, Inc., Fuel, 48.94; Sysco, GC Resale, 1,235.24; Van Diest Supply, Supplies, 960.00; Verizon, Utilities, 569.28; Wellmark BCBS, November Premium, 70,769.64; Xcel Energy, Utilities, 2,800.55; Zimco, Supplies, 192.38; City Administration, October 14, 2021 Payroll, 3,485.67; Finance Office, October 14, 2021 Payroll, 4,432.81;Government Buildings, October 14, 2021 Payroll, 64.64; Engineer, October 14, 2021 Payroll, 3,194.99; Police, October 14, 2021 Payroll, 25,395.67; Building Inspections, October 14, 2021 Payroll, 3,439.90; Street Department, October 14, 2021 Payroll, 13,146.65; Park Department, October 14, 2021 Payroll, 5,165.07; Economic Development, October 14, 2021 Payroll, 321.83; Water Department, October 14, 2021 Payroll, 7,155.21; Sewer Department, October 14, 2021 Payroll, 3,329.81; Golf Course Grounds, October 14, 2021 Payroll, 5,634.29; Golf Course Lounge, October 14, 2021 Payroll, 2,812.66; Golf Course Pro Shop, October 14, 2021 Payroll, 4,322.86; Golf Course Community Room, October 14, 2021 Payroll, 1,117.40; 941 Payroll Taxes, October 14, 2021 Payroll, 26,312.88; Accounts Management, Inc, October 14, 2021 Payroll, 75.00; SDRS Supplemental Retirement Plan, October 14, 2021 Payroll, 802.50; TASC Flex Plan, October 14, 2021 Payroll, 1,017.95;
ORDINANCE #645
A public hearing was held, as advertised, to consider Ordinance #645, amending fence regulations. Alderman Jorgenson moved Alderwoman Clark seconded to give first reading to Ordinance #645: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-14-6, ADDITIONAL USE REGULATIONS, FENCE REGULATIONS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #646
A public hearing was held, as advertised, to consider Ordinance #646, amending commercial kennel regulations. Alderman Jorgenson moved Alderwoman Clark seconded to give first reading to Ordinance #646: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-9-3, GB: GENERAL BUSINESS DISTRICT, CONDITIONAL USES; CHAPTER 15-10-2, LI: LIGHT INDUSTRIALDISTRICT, CONDITIONAL USES; CHAPTER 15-11-2, HI: HEAVY INDUSTRIAL DISTRICT, CONDITIONAL USES. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #648
Alderman Kull moved Alderman Jorgenson seconded to give second reading to Ordinance #648: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #644
Alderwoman Fish moved Alderwoman Clark seconded to give second reading to Ordinance #644: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ESTABLISHING THE SPECIAL ASSESSMENT POLICIES AND PROCEDURES IN ACCORDANCE WITH THE SOUTH DAKOTA CODIFIED LAWS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
RESOLUTION #23-21 - SIDEWALK EXEMPTION REQUEST – 401 E. CAIRO’S PLACE
Dean Struecker, 401 E. Cairo’s Place, presented a request for a sidewalk exemption on his home. Discussion held on ADA compliance if sidewalk is exempted. Alderman Kull moved Alderman Jorgenson seconded to approve Resolution #23-21. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
RESOLUTION #23-21
RESOLUTION DONATING EXEMPTING A PORTION OF THE PROPERTY AT 401 EAST CAIROS PLACE FROM SIDEWALK REQUIREMENT
WHEREAS, Chapter 10-1-5 of the Brandon City Code requires that sidewalk shall be constructed along each side of a street; and
WHEREAS, Chapter 10-1-5 of the Brandon City Code allows the City Council to waive said requirement to construct sidewalks by resolution when requested by the owner of the property; and
WHEREAS, Dean and Christie Struecker, the owners of the property located at 401East Cairos Place have requested a waiver, per Chapter 10-1-5, for the west 47 feet of their property; and
WHEREAS, the property located to the west of 401 East Cairos Place is an existing platted residential property; and
WHEREAS, if the required sidewalk is constructed to the west property line at 401 East Cairos Place it would dead end into the property located at 520 North Crestview Circle.
NOW THEREFORE BE IT RESOLVED by the City Council of Brandon, South Dakota that the City of Brandon hereby waives the requirement to construct a sidewalk on the west 47 feet of the property described as Lot 18, Block 6, Tallgrass Addition, 401 East Cairos Place until such time as a corresponding sidewalk is constructed on the property currently located at 520 North Crestview Circle.
BE IT FURTHER RESOLVED that the applicant must complete all improvements required to meet the Americans with Disabilities Act.
Dated this 1st of November, 2021.
Jim Heinitz, Mayor
ATTEST:
Christina Smith, Finance Officer
(SEAL)
303 E. ELM STREET – DECLARE SURPLUS
Alderwoman Clark moved Alderwoman David seconded to declare the property located at 303 E. Elm Street as surplus. Motion carried. Mayor Heinitz appointed Alderwoman David, Alderwoman Fish and Alderwoman Clark as the appraisal team. Appraisal was over $500.00, will be open to bids.
ASPEN PARK PARKING IMPROVEMENTS
The Golf Course Committee and Parks & Recreation Committee reports were heard. Alderman Parliament discussed parking improvements at Aspen Park. Proposal received from Splitrock Landscaping for $36,142.50 which would include 3” gravel base and 940’ concrete edging. Alderwoman Fish moved Alderwoman David seconded to approve the proposal from Splitrock Landscaping as presented. Justin Oakland, 312 E. Holly Blvd. was present for discussion. Justin was concerned if 3” of gravel is enough, and is this a temporary fix? A roll call vote showed David, Fish, Parliament aye; Clark, Jorgenson, Kull nay. Motion failed. Mayor does vote since spending is involved.
TEMPORARY CONSTRUCTION EASEMENT IN ASPEN PARK
Tami Jansma, City Engineer, discussed a temporary construction easement for the Twin Rivers Crossing Development. Justin Oakland, 312 E. Holly Blvd. was present for discussion. Alderwoman Fish moved Alderwoman Clark seconded to approve the temporary construction easement as presented. Motion carried.
REQUEST FOR CAMPING AT PIONEER PARK
A request was received from the Boy Scouts to host a Spring Camporee 2022 at Pioneer Park, to include camping with approximately 50-100 Scouts/Leaders. Alderwoman Fish moved Alderman Jorgenson seconded to approve the request as presented. Motion carried.
SCHOOL RESOURCE OFFICER CONTRACT WITH BV SCHOOL DISTRICT
The Public Safety Committee report was heard. Alderwoman Clark moved Alderwoman David seconded to approve the contract with the BV School District for the School Resource Officer, as presented. Motion carried.
SALARY REVIEW AND ADJUSTMENT
Alderwoman Clark moved Alderman Kull seconded to approve the annual salary adjustment for Kyle Zigan, to step 13-5 on the wage scale, $25.28 per hour, effective November 13, 2021. Motion carried.
ORDINANCE #649
The Administration Committee report was heard. A public hearing was held, as advertised, to consider Ordinance #649. Alderwoman Clark moved Alderwoman David seconded to give first reading to Ordinance #649: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ESTABLISHING THE WARD BOUNDARIES OF THE CITY BASED ON THE 2020 CENSUS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #650
A public hearing was held, as advertised, to consider Ordinance #650. Alderman Jorgenson recused himself from the discussion and vote. Alderwoman Clark moved Alderman Parliament seconded to give first reading to Ordinance #650: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD REVISING PARAGRAPH 17-4-1 B. AND 17-4-6 D. REGARDING THE LOCATIONS OF CANNABIS ESTABLISHMENTS. A roll call vote showed Clark, David, Fish, Kull, Parliament aye. Motion carried.
RESOLUTION #24-21
Alderman Kull moved Alderwoman Clark seconded to approve Resolution #24-21. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
RESOLUTION #24-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRANDON, SOUTH DAKOTA LIFTING THE MORATORIUM ON ISSUING ADDITIONAL OFF SALE LIQUOR LICENSES.
WHEREAS, the City of Brandon is allowed by the State of South Dakota to issue off sale liquor licenses based on population established by the US Census numbers.
WHEREAS, the City Council of the City of Brandon passed Resolution #18-21 on September 7, 2021 placing a moratorium on issuing additional licenses until some issues could be resolved.
WHEREAS, the City Council of the City of Brandon passed Ordinance #642 on October 4, 2021 revising the off sale liquor license fees which resolved the issue.
WHEREAS, Ordinance #642 becomes effective November 3, 2021.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brandon, South Dakota that previous moratoriums placed on issuing additional off sale liquor licenses be withdrawn effective November 3, 2021.
Adopted this 1st day of November 2021.
Jim Heinitz
ATTEST:
Mayor
Christina Smith
Municipal Finance Officer
(SEAL)
JOINT ZONING DISTRICT WITH MINNEHAHA COUNTY
Alderwoman David moved Alderwoman Clark seconded to authorize to staff to proceed with the process of implementing a joint zoning district with Minnehaha County. Motion carried.
IRONWOOD IMPROVEMENTS PROJECT
The Streets Committee report was heard. Alderwoman Clark moved Alderwoman Fish seconded to approve the final design contract with DGR Engineers for the Ironwood Street Extension, not to exceed $87,607.00. Motion carried.
PURCHASE OF STREET SWEEPER
Alderwoman David moved Alderwoman Clark seconded to approve the purchase of a street sweeper from Sanitation Products, from the Sourcewell contract #122017-FSC-1 in the amount of $209,351.00. Motion carried.
The Water & Sewer Committee report was heard.
At 7:02 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 a total approximately cost of $136.62.
Nov. 10, 2021
|
City of Brandon
______ ORDINANCE #644 ______
ORDINANCE #644
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ESTABLISHING THE SPECIAL ASSESSMENT POLICIES AND PROCDEURES IN ACCORDANCE WITH THE SOUTH DAKOTA CODIFIED LAWS.
Be it ordained that section #11-6 of the Codified Ordinance of the City of Brandon be added with the following:
CHAPTER 11-6
SPECIAL ASSESSMENTS
11-6-1
GENERAL POLICY STATEMENT
The purpose of this Special Assessment Ordinance is to establish the policies and procedures in accordance with the South Dakota Codified Laws, Chapter 9-43, for the construction and financing of local improvement projects through assessment of benefitted properties by the City of Brandon.
The ordinance is intended to serve as a guide for the special assessments on local improvement to ensure consistent, fair, and equitable treatment of all property owners sharing in the special benefit of the street and utility improvements as determined by the City.
Local improvements are defined as the process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property as defined in the South Dakota Codified Laws Chapter 9-43-75. The following types of local improvements which part or all the cost of the improvements is to be assessed to benefitting properties includes street grading, base course and pavement, curb and gutter, driveway pavement, sidewalks, retaining walls, sanitary sewer mains and services, water main and water services, storm sewer trunk lines and laterals. The type of assessable costs shall include but not be limited to construction costs, engineering costs, and property acquired for infrastructure including but not limited purchase and closing costs and legal and other fees
Authority:
SDCL 9-43
11-6-2
DEFINITIONS
In the application of this Special Assessment Policy, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
Abutting - Contiguous or having a common boundary.
Adjusted Front Footage - The number of feet used in calculating an Assessment applied for each individual property based on the methods described in the Ordinance.
City - The City of Brandon, South Dakota
Deferred Assessment - A dollar amount applied for improvements or services provided to selected properties receiving special benefit that the City elects to not collect until a specific time or event as defined by the South Dakota Codified Laws and the Special Assessment Ordinance.
Driveway - A private road that gives access to a house or property from a public roadway.
Larger Lot or Parcel – One or more separate parcels of land that are under the same ownership that collectively are greater than 160 acres in size and that are unimproved in terms of infrastructure.
Local Improvement - The process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property as defined in the South Dakota Codified Laws.
Lot - Land occupied or intended for occupancy by a use or uses permitted by the City of Brandon. It shall have its principal footage upon a street or an officially approved access. The terms parcel and tract may be used with the same definition within this Ordinance.
Oversizing - A pipe or pavement surface that is designed and constructed larger or wider than what is needed to adequately service a specific project area abutting the improvement.
Property Line - A line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.
Reconstruction - Infrastructure which currently exists and will be replaced for a similar use.
Special Assessment - A dollar amount applied for improvements or services provided to selected properties receiving special benefit.
Service Line - A water or sanitary sewer pipe that is installed between the main line to the property line to service individual properties.
Trunk Line - Water and sewer pipes that serve as large capacity mains to service larger areas and multiple basins outside of the areas adjacent to the main.
11-6-3
METHODS OF ASSESSMENT
There are a number of methods of assessment that may be used: adjusted front footage, area, per lot, per each, zone, fair market value before and after improvements, use of improvements, and block by block. The City shall determine one method for each project or improvement, based upon which method would best reflect the special benefit received for the area to be assessed.
The assessment rate determined for each property receiving special benefit shall be equal to the assessable cost of the project divided by the total number of assessable units benefitted by the improvements.
The following methods of assessment, as described and defined below, are hereby established as methods of assessment in the City of Brandon.
11-6-3.1 Adjusted Front Footage Method of Assessment
The cost for adjusted front footage method of assessment shall be based on the quotient of the assessable cost divided by the total assessable frontage receiving special benefit from the improvement. To determine the assessable frontage, all properties, including governmental agencies, shall have their frontages included in such calculation.
The actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) shall not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an adjusted front footage will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. The following procedures will apply when calculating adjusted front footage. The appropriate procedure will be determined by the layout of the lot.
A. Interior rectangular lots. The adjusted front footage shall be equal to the dimension of the front of the lot. The front of the lot shall be defined based on the current City of Brandon Zoning Ordinance at the time of the assessment.
B. Rectangular corner lots. The adjusted front footage shall be equal to the dimension of the front of the lot. The front of the lot shall be defined based on the current City of Brandon Zoning Ordinances at the time of the assessment.
Sanitary sewer and water main adjusted front footage shall be equal to the dimension of the side of the lot that is determined to be considered the front based on the current City of Brandon Zoning Ordinances at the time of assessment.
C. Interior irregularly shaped lots. The adjusted front footage shall be equal to the dimension of the front of the lot. The front of the lot shall be defined based on the current City of Brandon Zoning Ordinance at the time of the assessment.
D. Irregularly shaped corner lots. The adjusted front footage shall be equal to the dimension of the front of the lot. The front of the lot shall be defined based on the current City of Brandon Zoning Ordinances at the time of the assessment. Sanitary sewer and water main adjusted front footage shall be equal to the dimension of the side of the lot that is determined to be considered the front based on the current City of Brandon Zoning Ordinances at the time of assessment.
E. Double Frontage Lots. A double frontage lot is defined as a lot that has frontage on two non-adjoining sides. The adjusted front footage shall be equal to the dimension of the front of the lot. The front of the lot shall be defined based on the current City of Brandon Zoning Ordinances at the time of the assessment. Sanitary sewer and water main adjusted front footage shall be equal to the dimension of the side of the lot that is determined to be considered the front based on the current City of Brandon Zoning Ordinances at the time of assessment.
F. Corner lots which abut three streets. The adjusted front footage for a given type of surface improvement shall be calculated on the same basis as if such lot was a corner lot abutting the improvement on two sides only.
H. Large parcels. For large platted or unplatted lots, the lot shall be assessed based on the type of large lot as defined above with the front of the lot being defined based on the current City of Brandon Zoning Ordinance at the time of assessment. For the large lots that abut an improvement that assessments are being applied but is not considered the front of the lot as defined in the City of Brandon Zoning Ordinances at the time of assessment, the lot will have a deferred assessment applied against any future lots which may be subdivided from the larger parcel and the future lots subdivided would meet the definition as the front of the lot for the assessed improvements in the future. The City shall determine the potential for large lots to be subject to a deferred assessment.
11-6-3.2
Area Method of Assessment
The area method of assessment shall be based on the number of square feet or acres within the boundaries of the appropriate property lines of the areas receiving special benefit from the project. The assessment rate (i.e., cost per square foot) shall be calculated by dividing the total assessable cost by the total assessable area. On large lots, the City Engineer may determine that only a portion of the lot(s) receives the special benefit and may select a lot depth for the calculations equal to the special benefit received.
All properties included in the area receiving special benefit, including governmental agencies, shall be assessable. The following items may not be included in area calculations: public right-of-¬way, and natural waterways, swamps and lakes and other wetlands designated by the State of South Dakota or the City. The City Engineer will make a recommendation on the boundaries or parameters of the area receiving special benefit.
11-6-3.3
Per Lot Method of Assessment
The per lot method of assessment shall be based on equal assessment of all lots within the area receiving special benefit. The assessment per lot shall be the quotient of the assessable cost divided by the total assessable lots or parcels receiving special benefit from the improvement. For the purpose of determining the lots or parcels, all parcels, including governmental agencies, shall be included in such calculations.
11-6-3.4
Per Each Method of Assessment
The per each method of assessment shall be utilized when a property receives the sole special benefit of the improvement (example: a water service).
11-6-3.5
Zone Formula
Assessments may be levied by using the “zone” formula when benefits are equal and uniform among all of the parcels of the property within each zone. A “zone” or “zone and termini” system is one in which the improvement district is divided into zones, with a decrease of the percentage of the cost of the improvement assigned to each of the zones as the distance from the improvement increases.
11-6-3.6
Fair Market Value Before and After Improvements
The assessment may be done according to the proportionate increase in the fair market value of the property after the installation of the improvements.
11-6-3.7
Use of Improvement
The assessment may be done based on the nature and extent of the owner’s use of the improvement. The assessment is distinguished from any fees the owner may pay for the continuing use of the service provided by the improvement. The assessment is the charge for the improvement of the property and when determining whether a charge for connecting with a municipal water or other service is a fee or an assessment.
11-6-3.8
Block-by-Block
The “block-by-block” method of apportionment is the assessment of individual properties in each “block” of property of a portion of the cost of acquiring the land in that block. The size and configuration of a “block” is determined on a case-by-case basis, depending on the existing facts and circumstances.
11-6-4
ASSESSMENT DETERMINATION & STANDARDS FOR IMPROVEMENT
The following shall be used for determinations and standards for improvement.
11-6-4.1
Street and Curb and Gutter Improvements
A. New Construction: All new streets (including gravel to asphalt) will be assessed 100% to the benefited properties. Street and curb and gutter improvements will normally be assessed by the adjusted front foot method, however other methods may be utilized if conditions warrant. Cost of construction of streets shall be assessed based on the City of Brandon Engineering Design Standards for residential streets at the time of the assessment. Oversizing costs which are incurred more than the above may be paid by: City funds, State funds, larger Assessment rates to benefitted properties, general obligation funds, or any other method or combination of methods authorized by the City.
B. Reconstruction and Overlays: Except as for streets that were constructed and failed to meet a reasonable life expectancy, street reconstruction and overlays will be assessed 0% to the benefited properties. Reconstruction of existing paved streets without curb and gutter to an urban section with curb & gutter shall be assessed 100% to the benefitting property owners.
C. Gravel Streets: Existing gravel streets improved to a paved street shall be assessed 100% to the benefiting properties for construction and surfacing and installing curb and gutter as if it were a new construction.
D. Driveway Approaches: All driveway approaches constructed with new development shall be assessed at 100% to the benefitting property owners. Existing driveway approaches that are reconstructed will be assessed 0% to the benefitting property owner. The driveway approach consists of the area from the back of curb to the front edge of the sidewalk across the property or property line if there is no sidewalk.
E. Maintenance: All maintenance on existing streets will not be assessed to the benefitting property owners and shall be paid for in accordance with the City of Brandon policy on maintenance fees.
11-6-4.2
Sidewalks and Trails
A. New Development: All sidewalk installed in newly developed areas shall be paid 100% by the property owner. Notwithstanding, should the City install the sidewalk then the sidewalk improvements will normally be assessed against the owner by the front foot method, however other methods may be utilized if conditions warrant. Cost of construction of sidewalks and trails shall be assessed based on the City of Brandon Engineering Design Standards for residential streets at the time of the assessment.
B. New Sidewalk in Developed areas or Sidewalk Reconstruction: All new sidewalk installed in development areas shall be assessed 0% to the properties abutting the improvements. Sidewalk replaced as part of a reconstruction project shall be assessed 0% to the properties abutting the improvements.
C. Overwidth Sidewalk and Trails: For sidewalk or trails installed at a width wider than the minimum width for sidewalk based on the City of Brandon Engineering Design Standards for residential streets, the benefitting property owners shall pay for the equivalent width as stated in the current City of Brandon Engineering Design Standards for residential streets at the time of the assessment. The remaining costs for wider sidewalk or trail construction shall be unassessed and funded through the City.
11-6-4.3
Storm Sewer Improvements
Storm sewer improvements shall include the storm sewer piping, outlets, structures, pumping stations, stormwater management ponds, ditches, culverts, and all other appurtenances required for the collection and management of stormwater.
For New Construction, all new storm sewer installed may be assessed 100% to the benefitted properties. Storm sewer improvements will normally be assessed using the area method; however, other methods may be utilized if conditions warrant it. If new storm sewer to be installed is receiving drainage from areas outside of the assessed area causing storm sewer to be oversized, the oversizing of the storm sewer shall be unassessed and funded through the City. The area of drainage from the assessed area and the required storm sewer sizing will be used to determine the oversizing of the storm sewer. Storm sewer reconstruction projects may involve improvements that upsize or construct a new stormwater infrastructure system in areas that have inadequate drainage or developed areas without existing storm sewer infrastructure. With reconstruction projects that include work other than replacement of the existing storm sewer infrastructure system, the City shall determine the benefit to the adjacent property owners and the percentage of the reconstruction to be assessed depending on the scope and need of the improvement.
The cost for upsizing storm sewer systems to provide adequate service and capacity for areas beyond the adjacent area, the benefitting properties will be assessed at the estimate cost of an equivalent storm sewer system that would be sufficient for the drainage area of the assessment area.
11-6-4.4
Sanitary Sewer Improvements
Sanitary sewer improvements shall include the sanitary sewer piping, sanitary sewer service lines, manholes, lift stations, and all other appurtenances required for the collection and management of wastewater.
A. New Construction: All new sanitary sewer mains and sewer service connections shall be assessed 100% to the benefited properties. Sanitary sewer main improvements will normally be assessed by the adjusted front footage basis; however, other methods may be utilized if conditions warrant it. Properties with City existing sanitary services, but which do not have mainline sewer adjacent to, across or up to their property lines will not be assessed as they are considered to already be receiving the benefit of the service connection.
B. Oversized mains or upsizing: When new oversized mains or trunk lines (larger than 8”) or existing sanitary sewer mains are required to be upsized to provide adequate service and capacity for areas beyond the adjacent area, the benefitting properties will be assessed at the estimated cost of an equivalent 8” with all oversizing costs to remain unassessed and funding through the City. The City shall dictate the location and size of oversized mains. Oversizing costs shall be determined by the mean price of pipe and appurtenances at the time of construction.
C. Grinder Pumps: Where, in the opinion of the engineers, it is necessary to install an individual grinder pump lifting device for purposes of securing adequate flow from a property to the adjacent public sewer service, a property owner must provide the necessary grinder pump and related lines to transmit sewage to the adjacent public sewer system. The pump must be approved by the City Engineer and installation of said grinder pump lifting device shall be done at the property owner’s expense. The lifting device and discharge line shall be owned, maintained, and operated at the expense of the property owner unless the City Council determines that it is in the best interest of the City to own, operate or maintain these systems.
11-6-4.5
Water Main Improvements
Water main improvements shall include the water main piping, water service lines, fire hydrants, valves, fittings, and all other appurtenances required for the water distribution system.
A. New Construction: All new water main lines and water services connections will be assessed 100% to the benefitting properties. Water main improvements will normally be assessed by the adjust front footage basis: however, other methods may be utilized if conditions warrant it. Properties which have existing City water service, but not have mainline water mains adjacent to, across, or up to the property lines will not be assessed as they are considered to already be receiving the benefit of the service connection.
B. Oversized or looping: When new oversized mains or trunk lines (larger than 8”) or existing water mains are required to be upsized to provide adequate service and capacity for areas beyond the adjacent area, the benefitting properties will be assessed at the estimated cost of an equivalent 8” with all oversizing costs to remain unassessed and funding through the City. The City shall dictate the location and size of oversized mains. Oversizing costs shall be determined by the mean price of pipe and appurtenances at the time of construction.
11-6-5
SPECIAL ASSESSMENT PROCEDURES
The following is the general procedure for special assessments that the City shall follow for all local improvements projects which the City determines shall be assessed to benefitting property owners in accordance with the South Dakota Codified Laws Chapter 9-43.
Authority:
SDCL 9-43
11-6-5.1
INITITATION OF LOCAL IMPROVEMENTS
A. By Petition: A public improvement project may be initiated by affected property owners to be assessed.
B. By City: The City may initiate public improvement projects as it determines necessary with approval of the City Council.
11-6-5.2
PROPOSED RESOLUTION OF NECESSITY
The City shall develop a proposed resolution of necessity as defined in the South Dakota
Codified Laws Chapter 9-43. The proposed resolution of necessity shall include the general nature of the proposed improvement, the material to be used, an estimate of the total cost or cost per linear foot, a description of the classes of lots to be assessed and of the method of apportioning the special benefits to the lots, if applicable. The City may define which portions of the proposed improvement costs that will be assessed to special benefitted properties and which portions may be covered partially or in full by the City or through the City from various funding sources, if any.
The City may define which methods of determining special benefit will be used as determined to be the most consistent, fair, and equitable treatment to each of the property owners sharing in the special benefit of the street and utility improvements to be assessed. The City proposed resolution shall state that the details, plans, and specifications are available for review during regular office hours at the City finance office.
Authority:
SDCL 9-43-82
11-6-5.3
NOTICE OF HEARING ON PROPOSED RESOLUTION OF NECESSITY
The City will publish a notice of hearing on the proposed resolution of necessity once, not less than ten (10) nor more than twenty (20) days before the hearing on the resolution of necessity. The notice of hearing shall contain the time and place of the hearing and shall state that the City will consider any objections to the proposed resolution by owners of the affected properties.
The City shall provide a mailing, by first class or certified mail to each of the affected property owners as shown by the records kept by the County Director of Equalization, not less than ten (10) days nor more than twenty (20) days before the hearing. The mailing shall include a copy of the notice of hearing and the proposed resolution of necessity to each property owner of the affected properties.
At the hearing, the City will consider any objections to the proposed resolution. The City reserves the right to adopt the proposed resolution with or without amendments to the original resolution. If the City amends any portion of the resolution affecting the properties not included in the original proposal, the City will give notice and the opportunity to be heard to the affected property owner per the South Dakota Codified Laws provided by Chapter 9-43-82 to Chapter 9-43-84.
After adoption of the resolution of necessity by the City, the City will publish the adopted resolution of necessity. The adopted resolution of necessity becomes effective twenty (20) days after publication unless brought to a vote by referendum, suspended by a resolution of the Council, or a petition is filed with the City finance officer that is signed by at least fifty-five percent (55%) of the affected property owners to be assessed. The City has the ability to deny the petition through a two-thirds vote by the City Council.
If the resolution of necessity becomes effective after the conditions listed above are met, the City shall move forward with contracting for the proposed improvements.
Authority:
SDCL 9-43-82 through 9-43-86
11-6-5.4
NOTICE OF HEARING ON ASSESSMENT ROLL
Any project for which special assessments is to be done shall be bid no later than by a date for bids to be opened no later than mid-April. Any contract for the improvements shall contain a suspension and/or termination provision providing for termination at no cost to the City if the special assessment roll is appealed to Circuit Court. After the contract is signed, the City shall file an assessment roll with the City finance officer. The assessment roll shall include the legal description of each parcel or property, the property owner’s name as shown by the assessment roll of the County’s Director of Equalization, and the amount of assessment against each lot or parcel that is to be assessed as part of the proposed improvement. The assessment roll shall contain information on the installments (if any), rates of interest on installations and the statement on due dates of installments (if any). The statement shall include that any number of the installments may be paid without interest at the office of the finance officer within thirty (30) days from the date of approval of the roll as per the South Dakota Codified Laws Chapter 9-43.
Upon filing of the assessment roll in the finance office, the City will publish a notice of hearing on the assessment roll, not less than ten (10) days nor more than twenty (20) days before the hearing. the notice of hearing shall disclose the nature of improvements for which the assessment is to be levied and shall contain the time and place of the hearing. It shall also state that the assessment roll is open for public inspection at the office of the finance officer, and shall refer to the special assessment role for further particulars.
The City shall provide a mailing, by first class or certified mail to each of the affected property owners as shown by the records kept by the County Director of Equalization, with the mailing being provided not less than ten (10) days nor more than twenty (20) days before the hearing. The mailing shall include a copy of the assessment roll for each of the affected property owners to be assessed.
At the hearing, the City will consider the assessment roll and any objections thereto, and determine whether to approve, equalize, or reject the assessment roll. After the assessment roll is adopted by the City, the City shall publish the resolution which will become effective twenty (20) days after the date of publication. The City will publish the plan for which the assessment roll and installments shall be paid and follow the timeline for appeal as stated in the South Dakota
Codified Laws Chapter 9-43.
If the Council equalizes or amends the assessment roll, a list of all items of assessment changed or amended shall be published and notice and hearing shall be held as provided in SDCL § 9-43-90. After any corrections in the assessment roll have been made, the Council by resolution shall approve and levy the assessment, describing the assessment and the local improvement, and providing the dates of the official approval of the assessment roll. The resolution approving the assessment roll shall also state under which plan the assessment and installments thereof shall be paid as provided by SDCL § 9-43-102.
The City finance officer will prepare a special record containing the following information as stated in the South Dakota Codified Laws Chapter 9-43-98:
1. A record of all special assessments;
2. The consecutive number of the item;
3. The date the assessment is due;
4. The name of the property owner as provided by the director of equalization;
5. The legal description of the property;
6. The amount assessed against each lot;
7. The character of the improvement for which the assessment is made;
8. The date of payment of each assessment or installment that is paid to the municipality.
The City finance officer will include a suitable index to the real property against which special assessments have been levied.
The City shall immediately mail to each of the property owners assessed by the improvement notice. The notice shall specify the amount of the assessment, the number of installments, the date of approval of the assessment roll, and a statement that any number of the installments may be paid without interest at the office of the finance officer within thirty (30) days from the date of the approval roll. The City will define the dates in the adopted assessment roll resolution.
Any appeal of a special assessment roll must be made within twenty (20) days after publication of a notice that the resolution confirming the special assessment roll has been adopted and as otherwise set forth by SDCL 9-43-96. Should the special assessment roll be appealed, the City Council at its discretion may move forward with the proposed improvements or may suspend the project until after any challenge is complete and appeal time has been exhausted.
Authority:
SDCL 9-43-87 through 9-43-99
11-6-5.5
PAYMENT OPTIONS
The City shall define by resolution, or ordinance, per the South Dakota Codified Laws, Chapter 9-43, whether the special assessments are payable under Plan One (Collection by county treasurer) or Plan Two (collection by municipal finance officer) and comply with South Dakota Codified Laws 9-43 as to delivery to the County Auditor. The City will follow all South Dakota Codified Laws on payments, interest, dates of effective interest and payments, notices of delinquent installments and other related payments of assessments.
Authority:
SDCL 9-43
11-6-5.6 DEFERRED ASSESSMENTS
This special assessment ordinance applies to any project which includes properties subject to special benefit by local improvements outside of the City limits as determined by the City. The special benefit and cost accruing to the land outside of the City limits shall be included in the original public hearing. The City shall assume the temporary responsibility for payment of the allocable cost of such property or land. The City shall maintain a register on that property outside the City limits, and when the property is annexed in the City limits, the City shall file and certify the assessment to the County Auditor for collection after the annexation occurs.
A deferred assessment may also be applied against a large parcel that has the ability to be subdivided in the future and the frontage of the new lot, as defined in the City of Brandon Zoning Ordinances at the time of assessment, abuts an improvement that has had a special assessment applied. The City shall decide at the time of assessment of the feasibility of a large parcel to be subdivided and meet the specified deferred assessment for the frontage determined.
The special benefit and cost accruing to the frontage shall be included in the original public hearing. The City shall assume the temporary responsibility for payment of the allocable cost of such property(ies). The City shall maintain a register on that property, and if the property is subdivided into small parcels in the future, the City shall file and certify the assessment to the County Auditor for collection after the plat is filed with the County.
Legislative History:
Authority:
Ordinance #644, 12/1/21
SDCL 9-43-78
Adopted this 1st day of November, 2021.
Jim Heinitz
Mayor
ATTEST:
Christina Smith
Municipal Finance Office
(SEAL)
First Reading: October 18, 2021
Second Reading: November 1, 2021
Published: November 10, 2021
Effective Date: December 1, 2021
Published at the approximate cost of $300.25
Nov. 10, 2021
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City of Brandon
_________ SURPLUS _________
___ HOUSE TO BE MOVED ___
The City of Brandon has declared surplus and is accepting sealed bids for a house to be moved. The house is located on property described as E 46’2 inches of lots 17 to 20 blk 5 Brandon City Original Addn at 303 E Elm St. Deadline to move the house will be June 1, 2022.
Bids will be accepted until 11:00 a.m. on November 30, 2021. Submit bids to the City of Brandon, 304 S Main Avenue, P.O. Box 95, Brandon, SD 57005. Call 605-582-6515 for additional information or stop by City Hall to tour the house. Write “303 E Elm” on the bid envelope.
Published: November 10, 2021
November 17, 2021
Published twice at the approximate cost of $13.50.
Nov. 10 & 17, 2021
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City of Brandon
_________ Minutes _________
PLANNING & ZONING COMMISSION
The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on October 21, 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 and City Engineer Tami Jansma. Absent: City Administrator Bryan Read and Mayor Jim Heinitz.
Commissioner Nichols moved Commissioner Heidbrink seconded to approve the agenda. Motion carried.
Commissioner Thiele moved Commissioner Nichols seconded to approve the minutes of the October 7, 2021 regular meeting. Motion carried.
A public hearing was held, as advertised, to consider Ordinance #645 – Fence Regulations. Commissioner Heidbrink moved Commissioner Thiele seconded to approve the changes to the fence regulations, as presented, and made recommendation of approval to City Council. Motion carried.
A public hearing was held, as advertised, to consider Ordinance #646 – Commercial Kennels. Discussion held on changing some numbering in the Ordinance, as it relates to Chapter 15-13. Commissioner Heidbrink moved Commissioner Parsons seconded to approve the commercial kennels with the changes that Section 2 reads 15-9; Section 3 reads 15-10 and Section 4 reads 15-11, and made recommendation of approval to City Council. Motion carried.
A public hearing was held, as advertised, to consider Ordinance #647 – Off-Street Parking. Discussion held as it relates to Section 1, Part #8 (a) Last sentence will be changed to: “A parking pad located in the side yard next to the driveway is allowed so long as it meets setback requirements and is equal to the garage width as measured at the inside of the sidewalk.” An updated draft will be presented at the next regular Planning & Zoning Commission meeting. Will hold a new public hearing at a later date.
Discussion held on core area zoning. Jason Albertson, 304 S. 1st Avenue, was present for discussion. Discussion held on allowing for a reduced minimum lot width: 50’ feet vs. the required 80’ feet for Single Family Detached Dwellings, but only for the Core Area of the City - all Blocks South of E. Holly Blvd & East of S. Main Avenue & North of E. Aspen Blvd. & West of S. 4th Avenue. Will be re-discussed the next Planning & Zoning Commission meeting.
At 7:43 p.m. having no further business, Commissioner Parsons moved Commissioner Heidbrink seconded to adjourn the Planning & Zoning Commission meeting. Motion carried.Respectfully Submitted,
Melissa Labahn
Recording Clerk
Tami Jansma
City Engineer
Published at the approximate cost of $27.02
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City of Brandon
______ ORDINANCE #648 ______
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS.
BE IT ORDAINED BY THE CITY OF BRANDON, SD:
Section 1. That Chapter 15-6-11 of the Brandon Zoning Ordinance is hereby amended to include the following:
15-6-11 LOT AND YARD REGULATIONS
The minimum lot area, minimum lot width, setback requirements, and maximum building height within the R-3 District shall be as follows:
* All measurements shall be taken from the lot line to the building line (see definitions).
Exceptions
#1. The side yard shall be required to be increased to twenty (20) feet when the building exceeds thirty-five (35) feet in height.
#2. A residence may be constructed on a lot of record that has a lot width of less than fifty (50) feet.
#3. There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
#4. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
#5. A side yard of fifteen (15) feet shall be required where a lot is adjacent to or abuts a R-1 or R-2 district.
#6. Zero lot line option: Single-Family Attached Dwellings held in common ownership and located on a single lot shall observe the standard side setback rules prescribed above. However, the lot may be subdivided into separate lots upon which individual single-family attached dwellings are located if the lots to be created through the subdivision process are individually platted. In such event, the setbacks for the individually platted lots shall be as follows:
1. Front Yard Setback: Zero (0) feet.
2. Rear Yard Setback: Zero (0) feet.
3. Side Yard Setback: Zero (0) feet.
Single-Family Attached Dwellings composed of two (2) or more individually platted lots already utilizing the zero lot line option described above shall not be considered Non-Conforming pursuant to Chapter 15-16.
This exception only applies if the individually platted lots are surrounded by a space commonly owned by the owners of the individually platted lots. The commonly owned space surrounding the individually platted lots shall meet all applicable requirements found in the Lot and Yard Regulations table above.
#7. See also Adjustment to Yard Regulations (Chapter 15-14) and Non-Conforming Uses and Non-Standard Lots (Chapter 15-15) for other specific exceptions.
Section 6. That certain definitions in Chapter 15-22-2 of the Brandon Zoning Ordinance are hereby amended to read as follows:
DWELLING, MULTIPLE-FAMILY – A building, or portion thereof, containing three (3) or more dwelling units served by common corridors and entrance. Each dwelling unit shall be designed for and used by one (1) family. Examples of Multiple-Family Dwellings include apartment complexes and condominiums.
DWELLING, SINGLE FAMILY ATTACHED – A building, or portion thereof, containing two (2) or more dwelling units joined by common walls. Examples of Single-Family Attached Dwellings include Duplexes, Twin Homes, and Townhouses.
DWELLING, TOWNHOUSE – One (1) of a group of row of three (3) or more single-family attached dwellings designed and built as a single building. Each individual townhouse may be owned collectively or separately. For the purpose of side yard regulations, the building shall be treated as if it occupies a single lot.
DWELLING, TWIN HOME – A single-family attached dwelling consisting of two (2) dwelling units joined by common walls. Each dwelling unit is platted onto its own lot.
DWELLING, TWO FAMILY (DUPLEX) – A single-family attached dwelling consisting of two (2) dwelling units joined by common walls. Both dwelling units are located on the same lot.
Adopted this 1st day of November, 2021.
Mayor
ATTEST:
Finance Officer
Seal
First Reading: October 18, 2021
Second Reading & Adoption: November 1, 2021
Published: November 10, 2021
Effective Date: December 1, 2021
Published once at the approximate cost of $111.95.
Nov. 10, 2021
Nov. 10, 2021
