Legals: Nov. 24, 2021

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 & 24, 2021

 

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Lockwood & Zahrbock Kool Law Firm

__________ Notice __________

STATE OF SOUTH DAKOTA

COUNTY OF MINNEHAHA

ss:

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

In the Matter of the Change of Name of Z.A.X.P. (D.O.B 11/13/2015) & L.I.L.P. (D.O.B. 11/03/2016) MINOR CHILDREN and REBAKAH B. DEHAAI, Petitioner.

CIV. 21-2702

NOTICE OF HEARING

TO: RODRIGUES PERRY, RESPONDENT

A hearing on Petitioner’s Petition for Name Change of Minor Children will be held before the above-entitled Court, in the Courtroom of the Honorable John Pekas, at the hour of 11:00-11:30 o’clock, a.m., on Tuesday, the 14th day of December, 2021, at the Minnehaha County Courthouse, 425 N. Dakota Ave., Sioux Falls, South Dakota.

Dated this 11th day of October, 2021, at the City of Sioux Falls, County of Minnehaha, State of South Dakota.

/s/ Rachel Preheim

Lockwood & Zahrbock Kool Law Office

400 North Main Ave, Ste 202

Sioux Falls, SD 57104

(605) 331-3643

Attorney for Petitioner

Published four times at the approximate cost of $46.68

 Nov. 17, 24, Dec. 1 & 8, 2021

 

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City of Brandon

____ Notice of Hearing ____

ON PROPOSED RESOLUTION OF NECESSITY

 NOTICE IS HEREBY GIVEN that on the 6th day of December, 2021, at the hour of 6:00 o’clock P.M., at the Council Chambers located at 308 S. Main Street in the City of Brandon, South Dakota, has been fixed by the Brandon City Council as the time and place for the hearing upon the Proposed Resolution of Necessity at which time the City Council shall consider any objections to the proposed resolution by owners of property liable to be assessed for the improvement. 

Dated this 17th day of November, 2021.

Municipal Finance Officer – Christina Smith

City of Brandon, South Dakota

Published once at the approximate cost of $7.37

Nov. 24, 2021

 

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City of Brandon

___ Briefing Meeting ___

______ Minutes ______

The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, November 11, 2021, at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Barb Fish, Tim Jorgenson, 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 and Golf Course Manager, Andrew Bauer.  Absent: Vickie David.

The Council discussed items on the agenda for the upcoming November 15, 2021, regular Council meeting.  No formal action was taken. 

At 6:37 p.m., hearing no further business, the meeting adjourned.

Christina Smith

Municipal Finance Officer

Jim Heinitz 

Mayor

Published once at the approximate cost of $8.60

Nov. 24, 2021

 

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City of Brandon

_________ Minutes _________

The Brandon City Council met in regular session at 6:00 p.m. on November 15, 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 and Golf Course Manager, Andrew Bauer.  

Alderwoman Clark moved Alderman Kull seconded to approve the agenda.  Motion carried.

Alderwoman Fish moved Alderwoman Clark seconded to approve the minutes of the October 28, 2021 briefing meeting and the minutes of the November 1, 2021 regular meeting as amended.  Motion carried.

Alderman Kull moved Alderman Jorgenson seconded to approve the following claims. Motion carried.

VENDOR, DESCRIPTION, AMOUNT;

360 Painting of Sioux Falls, Repairs, 1,367.35; A-1 Septic, Professional Services, 150.00; AB Contracting, LLC, Improvements, 242,600.81; AE2S, Professional Services, 364.43; Alliance Communications, Utilities, 2,627.56; Alternative HR Development, Professional Services, 3,414.00; Applied Concepts, Inc. , Equipment, 3,080.00; Asphalt Surfacing Company, Improvements, 273,224.50; ASTECH, Slurry Seal, 340,209.77; Beck & Hofer Construction , Improvements, 34,252.23; Blaine’s Service, Repairs, 52.95; Boyce Law Firm, Professional Services, 5,127.50; Brandon Ace Hardware, Supplies, 1,247.84; Brandon Lumber Company, Supplies, 32.44;Brandon Valley Media, Publications, 2,576.29; BV Area Chamber of Commerce, Registration , 10.00; BV School District, Fuel, 3,791.68; Cardmember Services , Supplies, 3,468.57; Century Business Products, Supplies, 226.46; Champion Tree Service, Professional Services, 11,100.00; Cintas, Mat Service, 387.96; City of Sioux Falls, Software, 14,881.00; Coca Cola/Chesterman, Rental, 50.00; Coffee Cup, Fuel, 47.61; Core & Main LP, Repairs, 1,086.96; Crescent Electric Supply, Repairs, 640.65; Culligan Water Conditioning, Utilities, 104.05; Dakota Supply Group, Supplies, 1,138.23; Days Inn Spearfish, Travel, 81.99; EnviroMaster, Supplies, 70.00; Environmental Systems Research, Fees, 925.21; Fairfield by Marriott – Spearfish, Travel, 273.00; Geotek Engineering, Professional Services, 1,940.00; Grainger, Supplies, 131.88; Hach Company, Supplies, 95.70; HDR Engineering , Professional Services, 23,090.00; I & S Group Inc, Professional Services, 12,143.14; Infrastructure Design Group, Improvements, 3,417.06; Innovative Office Solutions, Supplies, 241.42; Interstate Office Products, Supplies, 172.50; Jack’s Uniforms & Equipment, Clothing, 1,458.69; JD’s House of Trophies, Supplies, 168.00; Larry Bixby, Reimbursement, 30.41; Lawson Products, Inc. , Supplies, 836.01; Manley Tire & Oil , Repairs, 123.69; MED-Star Paramedic Ambulance, November Contribution, 4,166.67; MidAmercian Energy, Utilities, 667.17; Midwest Turf & Irrigation, Repairs, 141.45; Minnehaha Community Water Corp., Utilities, 96.00; Norberg Paints, Supplies, 188.32; Oakridge Nursery & Landscaping, Professional Services, 2,721.77; Pepsi, Fees, 8.23; Productivity Plus, Supplies, 1,235.00; Qualified Presort Services, LLC, Utility Billing, 2,133.97; R & R  Road Grader Service, Professional Services, 1,224.49; Ramkota Hotel Watertown SD , Travel, 407.96; Reiter Enterprises, Supplies, 125.00; Rice Lake Construction Group, Professional Services, 2,209.00; Sam’s Club, GC Resale, 90.94; Sanitation Products, Inc., Supplies, 107.52; SD Dept. of Revenue, Fees, 4,374.83; Sioux Falls Utilities, Utilities, 102,621.28; Sioux Valley Energy, Improvements, 2,511.74; Siteworks Inc, Park Improvements, 92,293.01; Splitrock Landscaping & Nursery, Improvements, 3,000.00; Sturdevant’s Auto Parts, Supplies, 826.09;Summit Fire Protection, Rental, 60.00; Sunshine, Supplies, 472.69; Sure Test, Professional Services, 203.40; Tony’s Catering, GC Resale, 2,384.00;Toro NSN, GC Service Agreement, 155.00; Ulteig, Professional Services, 16,920.28; Uncle Ed’s Specialty Meats, Inc., GC Resale, 1,100.00; Vogel Motors, Repairs, 110.50; Xcel Energy, Utilities, 3,329.28; Zimco Supply, Co. , Supplies, 8,030.00; US Bank - St. Paul, Water Revenue Bond, 102,741.25; US Bank - St. Paul, Park Add/Holly/Main Loan, 590,652.50; First National Bank, Golf Course Bond, 147,586.39; City Administration, October 28, 2021 Payroll, 3,485.68; Finance Office , October 28, 2021 Payroll , 4,375.34; Government Buildings, October 28, 2021 Payroll , 110.82; Engineer, October 28, 2021 Payroll , 2,225.47; Police, October 28, 2021 Payroll , 26,548.61; Building Inspections, October 28, 2021 Payroll , 3,446.83; Street Department, October 28, 2021 Payroll , 3,455.02; Park Department, October 28, 2021 Payroll , 4,805.27; Economic Development , October 28, 2021 Payroll , 799.03; Water Department, October 28, 2021 Payroll , 6,715.55; Sewer Department, October 28, 2021 Payroll , 3,472.98; Golf Course Grounds, October 28, 2021 Payroll , 3,935.31; Golf Course Lounge, October 28, 2021 Payroll , 2,156.67; Golf Course Pro Shop, October 28, 2021 Payroll , 3,137.90; Golf Course Community Room, October 28, 2021 Payroll , 878.27; 941 Payroll Taxes, October 28, 2021 Payroll , 21,765.31; Accounts Management, Inc, October 28, 2021 Payroll , 75.00; SD Retirement System, October 28, 2021 Payroll , 23,763.96; SDRS Supplemental Retirement Plan, October 28, 2021 Payroll , 765.00; TASC Flex Plan, October 28, 2021 Payroll , 937.95; Direct Pay Reimbursement, Direct Pay Reimbursement, 1,500.00;

Alderman Jorgenson moved Alderwoman Clark seconded to approve the consent calendar which contained the following items:  a plat of Lot 10 Block 6 Tallgrass Addition; a plat of Lot 1 Block 1 Aspen Harbor Addition; a plat of Lots 13, 14 & 15 Block 4 and Lot 2 Block 5 Twin Rivers Crossing Addition and a plat of Lots 9A & 9B Block 12 Sunrise Estates Addition.  Motion carried.

REVIEW 2022 ALCOHOLIC BEVERAGE LICENSES

A public hearing was held, as advertised, to review the 2022 Alcoholic Beverage License Renewals.  Zach, Tailgators front house manager, was present for discussion.  Zach discussed a violation of Ordinance #2-4-9 that occurred when there were employees in the building past 2:30am.  Zach explained that they were there cleaning late, following a large group of customers.  Alderwoman Clark moved Alderwoman Fish seconded to approve the following alcoholic beverage licenses for 2022. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.

Brandon Liquor, Inc.

Sunshine Foods      

117 N. Splitrock Boulevard

Brandon, SD  57005-0527

Package (Off-Sale) Liquor

Brandon Spirits Acquisition Inc

Brandon Spirits

228 E. Holly Boulevard            

Brandon, SD  57005

Package (Off-Sale) Liquor

SD Steakhouse LLC 1308 E Rushmore Drive

Brandon, SD  57005-1616

Retail (On-Sale) Liquor

VFW Post 4726

Three Rivers VFW #4726

321 S Main Ave.

Brandon, SD  57005-1134

Retail (On-Sale) Liquor

KJT LLC

The 212 Boiling Point

328 S. Splitrock Blvd.

Brandon, SD  57005-1654

Retail (On-Sale) Liquor

PJ Brandon LLC

Double D Saloon

325 S Main Avenue

Brandon, SD  57005-1134

Retail (On-Sale) Liquor

DH Ventures Inc      

Tailgators

1013 N. Splitrock Boulevard

Brandon, SD  57005

Retail (On-Sale) Liquor and Package (Off-Sale) Liquor

Dolgen Midwest LLC

Dollar General Store #15413

124 E Holly Blvd

Brandon, SD  57005

Retail (On-Off Sale) Wine and Cider

BRV, LLC Convention Center 

Holiday Inn Express & Suites

1103 N. Splitrock Boulevard

Brandon, SD 57005

(On-Sale) Liquor

CC & F RETAIL INC                       

Coffee Cup Fuel Stop #7            

1009 N. Splitrock Blvd

Brandon, SD 57005

Retail (On/Off Sale) Wine and Cider and Package (Off-Sale) Liquor

Holiday Stationstores LLC  

920 N Splitrock Blvd

Brandon, SD   57005

Package (Off- Sale) Liquor

Bauer Enterprises LLC

Splitrock C-Store

600 N Splitrock Blvd

Brandon, SD  57005

Package (Off-Sale) Liquor

City of Brandon

Golf Course Concessions

2100 E Aspen Boulevard

Brandon, SD 57005-0095

Retail (On-Sale) Liquor and Package (Off-Sale) Liquor

LA FINCA INC  

El Tapatio

616 N Splitrock Blvd

Brandon, SD  57005

Retail (On-Sale) Liquor

MG Oil Company

Dakota Star Casino #2

1201 Teakwood St

Brandon, SD  57005

Retail (On-Off Sale) Wine and Cider

MG Oil Company

Jokerz Casino

1309 E Cedar St

Brandon, SD  57005

Retail (On-Off Sale) Wine and Cider

Sassy Nails & Spa LLC

511 N Splitrock Blvd

Brandon, SD  57005

Retail (On-Off Sale) Wine and Cider

Casey’s Retail Company

101 W Holly Blvd

Brandon, SD  57005

Package (Off-Sale) Liquor

LIQUOR LICENSE TRANSFER

A public hearing was held, as advertised, to consider a liquor license transfer from Jokerz Casino at 1309 E. Cedar Street to Dakota Star Casino at 1320 E. Cedar Street.  Alderwoman Clark moved Alderman Kull seconded to approve the liquor license transfer as requested.  Motion carried.

ORDINANCE #651

A public hearing was held, as advertised, to consider Ordinance #651 rezoning Lot 1 Block 7 Tallgrass Addition from R-1 Low Density Residential to R-3 High Density Residential.  Applicant Ben Soles, 721 S. 4th Circle, was present for discussion.  Ben wants to build townhomes, 42 units total, on this property.  Would develop in phases.  

Michael Toates, 500 E. Mayberry RFD Street, was present for discussion.  Michael expressed his concerns with increased traffic due to the increased density and the increased use of the neighborhood park.  Michael asked the City Council to hear their concerns and keep this property zoned R-1 Low Density Residential.

Shawna Schipper, 601 N. Tamarac Avenue, was present for discussion.  Shawna expressed her concerns with drainage in the area, the shortage of water in the City, increased traffic and privacy concerns.

Bailey Mosley Schipper, 601 N. Tamarac Avenue, was present for discussion.  Bailey is against having apartments behind her home, has concerns with Redwood Blvd. flooding, is uncomfortable having strangers being in a 2-story apartment so close to her home, concerns with increased traffic making her late for school and/or work.  

Megan Brown, 300 E. Meadowlark Court, was present for discussion.  Megan has concerns with the increased density and increased traffic in the neighborhood.

Mike Traylor, 613 N. Tamarac Avenue, was present for discussion.  Mike has concerns with the higher density being proposed and increased traffic in the neighborhood.  Mike also has concerns with additional parking that would be needed for these townhomes.  

Riley Walz, 609 N. Tamarac Avenue, was present for discussion.  Riley’s main concern is with the higher density being proposed.  Riley also has concerns with drainage, lighting and people being able to look down into his home.

Don DeJager, 504 E. Mayberry RFD Street, was present for discussion.  Don has concerns with the higher density being proposed and increased traffic concerns.  Don asked the City Council to vote no on the proposal.

Alica Thiele, 200 E. Maureen Drive, was present for discussion.  Alica is on the Planning & Zoning Commission.  Alica asked if the seller of this property is ok with the use being proposed.

Dave Knudtson, 425 N. 9th Avenue, was present for discussion.  Dave discussed that he doesn’t see any traffic issues in his neighborhood.  Dave expressed the need for more affordable housing in Brandon.  

Ryan Martin, 601 N. Tamarac Avenue, was present for discussion.  Ryan is concerned with the higher density being proposed and increased crime potential.  

Yvonne Oliver, 405 E. Heatherwood Drive, was present for discussion.  Yvonne has concerns with the potential of losing the small hometown feel, where people care about each other.  

The Planning & Zoning Commission gave a do-pass recommendation to City Council at their November 4, 2021 regular meeting.

Alderwoman Clark moved Alderwoman David seconded to deny the Re-Zone Application as presented.  A roll call vote showed Clark, David, Parliament aye; Fish, Jorgenson, Kull nay.  Mayor Heinitz aye.  Motion carried.

APPEAL OF WATER BILL

Tom Wingate, 1705 E. Keystone Drive, presented a request to appeal his August 2021 water bill.  Tom was not present for discussion.  It was the consensus of the Council to not take any action at this time.

ORDINANCE #645

Alderman Jorgenson moved Alderwoman David seconded to give second 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

Alderman Jorgenson moved Alderwoman Clark seconded to give second 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 #649

Alderwoman Clark moved Alderwoman Fish seconded to give second 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

Alderman Jorgenson recused himself from the discussion and vote.  Alderman Parliament moved Alderwoman Fish seconded to give second 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.

GOLF COURSE RETAINING WALL PROJECT TEST BORINGS

The Golf Course Committee report was heard.  Alderman Kull moved Alderman Jorgenson seconded to approve the proposal from GeoTek for test boring for the golf course retaining wall project, in the amount of $1,950.00.  Motion carried.

GOLF COURSE RETAINING WALL PROJECT DESIGN

A representative from ISG was present for discussion. Alderman Kull moved Alderman Parliament seconded to approve Option 1 3:1 cast in place wall and access road at an overall cost of $938,675.40.  A roll call vote showed David, Fish, Jorgenson, Kull, Parliament aye; Clark nay.  Motion carried.

POOL IMPROVEMENTS PAY APPLICATION

The Parks & Recreation Committee report was heard.  Alderwoman Fish moved Alderwoman Clark seconded to approve pay application #11 to Beck & Hofer Construction for the pool improvements in the amount of $34,252.23.  Motion carried. 

ASPEN PARK PROJECT PAY APPLICATION

Alderwoman Fish moved Alderman Kull seconded to approve pay application #2 to SiteWorks, Inc. for the Aspen Park roadway & utility improvements in the amount of $92,293.01.  Motion carried.

BUILDING PERMIT VALUATIONS

The Public Safety Committee report was heard.  Discussion held on revising valuations used to compute the value of a building for a building permit.  Current valuations are from 2003.  It was the consensus of the Council to have staff draft a Resolution, to be presented at the next regular meeting.

 

ENGINEERING TECHNICIAN DRAFT JOB DESCRIPTION

The Administration Committee report was heard.  Alderwoman Clark moved Alderman Parliament seconded to approve the job description for the Engineering Technician position, as presented.  Motion carried.

2021 SLURRY SEAL PROJECT

The Streets Committee report was heard.  Alderman Jorgenson moved Alderwoman Clark seconded to approve pay application #1 & final to Asphalt Surfacing for the 2021 slurry seal project in the amount of $340,209.77.  Motion carried.

RESOLUTION #25-21

Alderwoman Fish moved Alderman Jorgenson seconded to approve Resolution #25-21 for the Ironwood improvement project.  Motion carried.

PROPOSED RESOLUTION OF NECESSITY

RESOLUTION #25-21

BE IT RESOLVED, BY THE City Council of the City of Brandon, South Dakota, that the convenience and necessity has arisen to improve substantially a portion of Ironwood Street from Sioux Boulevard to the east approximately 1,350 linear feet to the westerly property line of Aspen Park, all in the City of Brandon, Minnehaha County, South Dakota, by the addition of an asphalt street, concrete curb & gutter, sidewalks and driveway approaches, and installation of sanitary sewer main and services, water main and services and drainage improvements all as more fully shown and specified in plans and specifications prepared by DGR Engineering on behalf of the City of Brandon.  

 BE IT FURTHER RESOLVED that the material to be used in the project shall be according to the details, plans, and specifications prepared by engineers for the City of Brandon, and on file in the office of the Municipal Finance Officer and open to public inspection and incorporated hereby during regular business hours.

BE IT FURTHER RESOLVED that the following is a description of the classes of lots and the legal descriptions of the affected property fronting or abutting upon the affected streets which lots and property are to be assessed and levied by way of special assessment to pay for said improvement:

Lot 1 Petterson’s Addition to the City of Brandon; Lot 6 Tuntland’s Tract 1 to the City of Brandon; Tract 1 Fauth’s Addition to the City of Brandon; W120 E605 N360.17 & S66 NW ¼ SW ¼ & E605 S426.17 (EX W102 N360.17 & EX S66 NW1/4 SW1/4) 3-101-48 Brandon Unplatted & Lot 22 (EX H-1) Pearson’s Subd Part Tracts 2, 3 & 4 SEC 3-101-48 in Brandon; Lots 4, 5, 6, 7, 8, 9 Larson’s Tract 1 to the City of Brandon.

BE IT FURTHER RESOLVED that the cost of said project shall be assessed against all assessable lots and tracts of land, whether platted or unplatted, fronting or abutting thereon, and the method of apportioning the benefits to the lots shall be according to the provisions of SDCL 9-43-79 as to each of such lots or tracts above stated. The total cost of the project shall include the labor and materials for the Concrete Curb & Gutter, Asphalt Pavement, Concrete Driveway Approaches, Concrete Driveways, Concrete Sidewalks, Aggregate Base Course (for pavement, curb and gutter, sidewalks, driveways and approaches), Gravel Surfacing, Sanitary Sewer Main, Sanitary Sewer Services, Water Main, Water Services, including any and all appurtenances associated with said items, and any other special items as required by the project or specifically requested by the property owner and all engineering, inspection, publication, fiscal, legal, land and other expenses incidental thereto. After determining the amount of the total cost of said project, the same shall be assessed according to the provisions of SDCL 9-43-79, and City of City of Brandon Ordinance #644, on an Area Method of Assessment basis for Street and Curb and Gutter Improvements, Sidewalk and Trail improvements, and related work incidental thereto, and on the Adjusted Front Footage Method of Assessment for Sanitary Sewer Improvements and Water Main Improvement, and related work incidental thereto; all based on the as-constructed quantities. Water service lines, sanitary sewer service lines, and driveway approaches will be assessed based the Per Each Method of Assessment for those receiving special benefit. The estimate of the total cost of the project is $1,870,000.00. The estimated cost of construction is based on the approximate unit prices as follows:

Aggregate Base Course - $22.00 / Ton

Gravel Surfacing - $25.00 / Ton

Asphalt Concrete Composite - $115.00 / Ton

Curb and Gutter - $25.00 / LF

6” Concrete Approach - $70.00 / Sq Yd

6” Concrete Driveway - $70.00 / Sq Yd

4” Concrete Sidewalk - $7.00 / Sq Ft

6” Concrete Sidewalk - $8.00 / Sq Ft

Sanitary Sewer Main and related items - $83.00 / LF

Sanitary Sewer Services - $50.00 / LF

Water Main and related items - $155.00 / LF

Water Services - $55.00 / LF

All properties will be assessed based on actual as-constructed quantities associated with the proposed improvements as further defined herein. Costs for over width, over depth, over sizing and intersections will be paid by the City of Brandon.

 

     BE IT FURTHER RESOLVED that the assessments above described shall be determined immediately upon filing of the Assessment Roll in the office of the Municipal Finance Officer of the City of Brandon and divided into ten equal annual installments, which shall be payable under Plan One, with collection by the Minnehaha County Treasurer, as set forth in  SDCL 9-43-102, et seq, as amended, and that all deferred installments shall bear interest at such rate determined by the City Council, according to law.

BE IT FURTHER RESOLVED that the Finance Officer is directed to take such action as is necessary to carry out the intent of the resolution.

Adopted this 15th day of November 2021.

THE COMMON COUNCIL OF THE 

OF BRANDON, SOUTH DAKOTA

Mayor Jim Heinitz

ATTEST:

Municipal Finance Officer Christina Smith

TRANSIT SYSTEM GRANT AGREEMENT WITH SDDOT

Alderwoman Clark moved Alderman Kull seconded to approve the agreement between the City of Brandon and SDDOT for the transit system grant, as presented.  Motion carried.

PURCHASE AGREEMENT FOR NARUM PROPERTY

Alderwoman Clark moved Alderwoman Clark seconded to approve the purchase of property from Larry Narum for the Core Area Phase 2A project, in the amount of $30,750.00.  Motion carried.

RUSHMORE AREA PROJECT PAY APPLICATION

Alderman Jorgenson moved Alderwoman David seconded to approve pay application #7 to Asphalt Surfacing for the Rushmore area reconstruction project in the amount of $273,224.50.  Motion carried.

MCHARDY ROAD BRIDGE REPAIR PROJECT

Alderman Parliament moved Alderman Jorgenson seconded to approve the IMEG design contract for the McHardy Road bridge repair project, as presented.  Motion carried.

SALARY REVIEW AND ADJUSTMENT

The Water & Sewer Committee report was heard.  Alderman Kull moved Alderwoman David seconded to approve the annual salary adjustment for Dale Kerber, to step 13-10 on the wage scale, $28.32 per hour, effective November 26, 2021.  Motion carried.

2022 WATER RATES

A proposal was presented to raise water rates 3% for 2022.  It was the consensus of the Council for staff to draft a Resolution for the next regular meeting.

2022 SEWER RATES

A proposal was presented to raise sewer rates 5% for 2022.  SDC charges will also be raised in 2022.  It was the consensus of the Council for staff to draft a Resolution for the next regular meeting.

2022 STREET LIGHTING RATES

A proposal was presented to raise street lighting rates 3% for 2022.  It was the consensus of the Council for staff to draft a Resolution for the next regular meeting.

WATER METER REPLACEMENT PROJECT BIDS

Alderwoman Clark moved Alderwoman Fish seconded to approve the notice of award to Ferguson Waterworks in an amount of $61,358.80 for the phase 3 water meter replacement project.  Motion carried.

 

BETHANY DRAINAGE MAINTENANCE QUOTE

Alderwoman Clark moved Alderwoman David seconded to approve the contract with Soukup Construction for the maintenance to the Bethany Drainage BMP, not to exceed $50,000.00.  Motion carried.

WATER TOWER PROJECT PAY APPLICATION

Alderwoman Clark moved Alderwoman David seconded to approve pay application #6 to AB Contracting, LLC. for the water tower project in the amount of $242,600.81.  Motion carried.

At 7:53 p.m. Alderwoman David moved Alderwoman Clark seconded to go into executive session to discuss potential litigation, per SDCL 1-25-2.3.  Motion carried.  At 8:11 p.m. Mayor Jim Heinitz declared the executive session ended.

At 8:11 p.m. on a motion by Alderman Kull seconded by Alderman Parliament the meeting was adjourned.  Motion carried.

Melissa Labahn

Municipal Recording Clerk

Jim Heinitz 

Mayor

Published once at the approximate cost of $245.29

Nov. 24, 2021

 

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City of Brandon

______ ORDINANCE #645 _____

AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-14-6, ADDITIONAL USE REGULATIONS, FENCE REGULATIONS.

BE IT ORDAINED BY THE CITY OF BRANDON, SD:

Section 1. That Chapter 15-14-6 of the Brandon Zoning Ordinance is hereby amended in its entirety to read as follows:

15-14-6 FENCE REGULATIONS  

Fences may be erected on lots within the City, provided they meet or exceed the following requirements:

A. No barbed wire fence shall be erected or maintained, except in LI or HI Districts. In those districts, all barbed wire must be at least six (6) feet above grade.

B. Exposed electrical and other abnormally dangerous fences are prohibited within all zoning districts.

C. No fence shall be erected or maintained in such manner as to unreasonably obstruct the view of others or their access to light or air.

D.  R-1, R-2, R-3, or R-4: Fences may be erected or maintained, provided that no fence over four (4) feet in height shall be erected or maintained in any front yard.  On corner lots and double frontage lots, fences shall be no more than four (4) feet in height in the front yards; however, fences no more than six (6) feet in height may be allowed in the second front yard.  In no case shall fences exceed a height of six (6) feet.

E. CB, GB, LI, HI, or IN: Fences not exceeding eight (8) feet in height may be erected or maintained up to the lot’s property lines. 

F. No fence shall be erected that violates Chapter 15-14-1. A fence may be allowed in the required site triangle if the fence is not more than thirty percent (30%) solid.

G.  Within all zoning districts, fences shall be constructed with materials customarily used and manufactured as common fence materials. This shall include ornamental iron, vinyl, masonry, stone, pressure treated wood or wood having a natural resistance to decay, and chain link. All other materials shall secure a conditional use permit from the Planning & Zoning Commission.

H. Chain link fences for public tennis courts, public basketball courts, public baseball fields, or similar outdoor public recreational uses may be constructed to a maximum height of twenty-four (24) feet provided that the fence is not located within the required setback area.

I. Fences that are adjacent to alleys shall be set back five (5) feet from the street/boulevard right-of-way.

J. The side of the fence considered being the face (facing as applied to fence post) shall face abutting property.  

K. Any fence placed within an easement that impedes the access or intended use of that easement may be removed by the City or the City’s representative at its owner’s expense.  Fences permitted in a drainage easement shall be either ninety percent (90%) open or at least two (2) inches above grade. No fence is allowed in a drainage easement if the cumulative width of the easement is greater than twenty (20) feet.

Adopted this 15th day of November, 2021.

Jim Heinitz - Mayor

ATTEST:

Christina Smith - Finance Officer

Seal

First Reading: November 1, 2021

Second Reading & Adoption: November 15, 2021

Published: November 24, 2021

Effective Date: December 15, 2021

Published once at the approximate cost of $31.31.

Nov. 24, 2021

 

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City of Brandon

______ ORDINANCE #646 _____

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 INDUSTRIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-11-2, HI: HEAVY INDUSTRIAL DISTRICT, CONDITIONAL USES.

BE IT ORDAINED BY THE CITY OF BRANDON, SD:

Section 1. That Chapter 15-9-3 of the Brandon Zoning Ordinance is hereby amended to remove the following:

Commercial Kennel

Located at least one thousand (1,000) feet from a residential district. *

All relevant standards within Chapter 15-14 shall apply.

Section 2. That Chapter 15-9-3 of the Brandon Zoning Ordinance is hereby amended to include the following:

Commercial Kennel

All relevant standards within Chapter 15-14 shall apply.

Section 3. That Chapter 15-10-3 of the Brandon Zoning Ordinance is hereby amended to include the following:

Commercial Kennel

All relevant standards within Chapter 15-14 shall apply.

Section 4. That Chapter 15-11-3 of the Brandon Zoning Ordinance is hereby amended to include the following:

Commercial Kennel

All relevant standards within Chapter 15-14 shall apply.

Adopted this 15th day of November, 2021.

Jim Heinitz - Mayor

ATTEST:

Christina Smith - Finance Officer

Seal

First Reading: November 1, 2021

Second Reading & Adoption: November 15, 2021

Published: November 24, 2021

Effective Date: December 15, 2021

Published once at the approximate cost of $17.81.

Nov. 24, 2021

 

 

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City of Brandon

______ ORDINANCE #649 _____

AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ESTABLISHING THE WARD BOUNDARIES OF THE CITY BASED ON THE 2020 CENSUS.

Be it ordained that section # 1-2-2 of the Codified Ordinance of the City of Brandon be deleted and replaced with the following:

1-2-2 WARD BOUNDARIES

The wards shall be described by setting for the certain street, avenue or boulevard designations or other landmarks that divide and border the wards.  Any reference to street, avenue or boulevard below shall mean an imaginary line running down the approximate middle of each street, avenue or boulevard. The wards of the City of Brandon are as set forth below and the map thereof on file in the office of the Finance Officer. Any discrepancies shall be resolved by reference to the map rather than the physical descriptions set forth herein. 

A. WARD I

Ward I shall consists of all the land within the city limits lying west of North and South Sioux Blvd and south of East Aspen Blvd between South Sioux Blvd and the Ellis and Eastern Railroad Tracks, 

B. Ward II

Ward II shall consist of all the land within the city limits lying east of North Sioux Blvd (481st Ave) and South Sioux Blvd, North of East Aspen Blvd and west of Splitrock Blvd (Hwy 11) 

C. Ward III

Ward III shall consist of all the land within the city limits lying east of North and South Splitrock Boulevard (Hwy 11), south of East Aspen Blvd to the west of the Ellis and Eastern Railroad Tracks. 

Legislative History:    

Ordinance # 33, 3/8/76  

Ordinance #113, 12/21/81

Ordinance #311,, 10/23/01

Ordinance # 488, 12/20/11

Ordinance # 649, 12/15/21  

Authority:

SDCL §§ 9-13-16, 12-14-1

Adopted this 15th day of November, 2021.

Jim Heinitz 

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer   (SEAL)

First Reading: November 1, 2021

Second Reading: November 15, 2021

Published: November 24, 2021

Effective Date: December 15, 2021

Published once at the approximate cost of $21.80.

Nov. 24, 2021

 

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City of Brandon

______ ORDINANCE #650 _____

AN ORDINANCE OF THE CITY OF BRANDON, SD REVISING PARAGRAPH 17-4-1 B. AND 17-4-6 D. REGARDING LOCATIONS OF CANNABIS ESTABLISHMENTS

BE IT ORDAINED by the City Council of the City of Brandon that Chapter 17-4-1 B. and 17-4-6 D. be deleted in its entirety and replaced with the following:

17-4-1 CANNABIS ESTABLISHMENT LOCATIONS

No cannabis establishment shall be owned or operated at a location within the City’s zoning jurisdiction except as provided in this section.  

B. A cannabis dispensary, cannabis cultivation facility, a cannabis testing facility, and/or a cannabis product manufacturing facility may all be located at one enclosed property location and/or in a shared use building provided the requirements of ARSD 44:90:04:04 are met.  In addition, 300 feet between cannabis establishments must otherwise exist, measured from closest point of the buildings.

17-4-6 ADDITIONAL REQUIREMENTS FOR CANNABIS DISPENSARIES

In addition to compliance with the requirements in 17-4-5, all cannabis dispensaries shall:

D. Not share any physical location with any practitioner. 

Adopted this 15th day of November, 2021.

Jim Heinitz

Mayor

ATTEST:

Christina Smith

Municipal Finance Officer

(SEAL)

First Reading:  November 1, 2021

Second Reading & Adoption:  November 15, 2021

Published:  November 24, 2021

Effective Date:  December 15, 2021

Published once at the approximate cost of $15.96.

Nov. 24, 2021

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Minnehaha County

____ Notice of Hearing ____

FOR RENEWAL OF ALCOHOLIC BEVERAGES LICENSE

Notice is hereby given that a hearing will be held in the Minnehaha County Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, South Dakota on December 7, 2021at 9:00 a.m., to consider a change to the application for renewal of Alcohol Beverage License RL-26321 for the following:

NAME

TDC Enterprises, LLC

47677 Slip Up Creek Rd

Sioux Falls, SD 57104

CURRENT LEGAL DESCRIPTION

Lot A Tract 1, Laurel Ridge Addition, SE ¼, SE ¼, Section 23 T102N, R49W Mapleton Township 102-49

PROPOSED LEGAL DESCRIPTION

Lot A Tract 1, Laurel Ridge Addition, SE ¼, SE ¼, Section 23 T102N, R49W Mapleton Township 102-49 and 

Lot B Tract 1, Laurel Ridge Addition, SE ¼, SE ¼, Section 23 T102N, R49W Mapleton Township 102-49

At which time and place anyone interested may appear to file objections to the granting of the same.

Dated at Sioux Falls, South Dakota, this 16th day of November , 2021

Bennett Kyte, County Auditor

Published at the approximate cost of $11.97

Nov. 24, 2021

 

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Minnehaha County

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. November 16, 2021, pursuant to adjournment on November 2, 2021. Commissioners present were: Barth, Bender, Beninga, and Karsky. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State’s Attorney.

MOTION by Barth, seconded by Beninga, to amend the agenda so item #15 reads Consider Motion to Approve Pending Legal Review and Authorize Chair to Sign an Agreement with Koch Hazard Architects for Design Services and so item #19 reads Consider Motion to Approve Pending Legal Review and Authorize Chair to Sign an Agreement with JustFOIA for a Records Request Management Program Subscription. 4 ayes. 

MOTION by Bender, seconded by Barth, to approve the amended agenda. 4 ayes. 

MOTION by Barth, seconded by Bender, to approve the November 2, 2021, Commission meeting minutes. 4 ayes. 

VOUCHERS TO BE PAID

MOTION by Beninga, seconded by Barth, to approve the following bills totaling $4,808,815.46. 4 ayes. 

4 Fat Guys Lease-Rental Agmt 5,800.00, A&B Business Solut Lease-Rental Agmt 692.69, A&B Business Solut Maint Contracts 344.82, A&B Business Solut Office Equip Repair 83.79, Aaron George Propert Motels 2,500.00, AED Superstore Safety & Rescue Equip 91.73, AGP Studios Motels 500.00, AGP Studios Welfare Rent 625.00, Airgas USA Lease-Rental Agmt 73.61, Airway Service Auto/Small Equip 666.08, Airway Service Gas Oil & Diesel 1,275.53, Airway Service Tea-Ellis Range 34.01, Alcohol Monitoring Electronic Monitoring 1,643.80, Alcohol Monitoring Program Sups 3,590.40, All Nations Interpr Attorney Fees 63.90, All Nations Interpr Interpreters 8,673.45, Allen, Stephen L Welfare Rent 355.00, Amazon Administrative Charges 10.99, Amazon Child Care Items 85.68, Amazon Data Processing Equip 139.95, Amazon Donations 135.03, Amazon Donations 44.46, Amazon Investigators Exps 29.97, Amazon Kitchen/Cleaning Sups 27.38, Amazon Kitchen/Cleaning Sups 9.62, Amazon Memberships -11.64, Amazon Office Sups 74.93, Amazon Office Sups 32.28, Amazon Office Sups 11.05, Amazon Office Sups 44.95, Amazon Office Sups 21.99, Amazon Office Sups 28.99, Amazon Office Sups 36.76, Amazon Office Sups 33.88, Amazon Office Sups 33.98, Amazon Office Sups 10.99, Amazon Office Sups 30.38, Amazon Other Sups 27.02, Amazon Other Sups 59.88, Amazon Other Sups 29.20, Amazon Other Sups 15.98, Amazon Safety & Rescue Equip 11.99, Amazon Small Tools & Shop Sups 400.87, Amazon Small Tools & Shop Sups 45.92, Amazon Small Tools & Shop Sups 20.22, Amazon Store Sales 13.41, American Airlines Extradition & Evidence 1,699.00, Amzn Mktp Administrative Charges 11.29, Amzn Mktp Books 5.61, Amzn Mktp Child Care Items -24.17, Amzn Mktp Child Care Items 17.98, Amzn Mktp Child Care Items 34.69, Amzn Mktp Child Care Items 22.94, Amzn Mktp Data Processing Equip 28.50, Amzn Mktp Data Processing Sups -108.99, Amzn Mktp Data Processing Sups 96.00, Amzn Mktp Data Processing Sups 203.15, Amzn Mktp Data Processing Sups 126.88, Amzn Mktp Data Processing Sups 30.33, Amzn Mktp Data Processing Sups 201.78, Amzn Mktp Data Processing Sups 19.66, Amzn Mktp Data Processing Sups 32.00, Amzn Mktp Data Processing Sups 24.69, Amzn Mktp Donations 254.97, Amzn Mktp Education & Training 101.88, Amzn Mktp Furniture & Office Equip 119.97, Amzn Mktp Furniture & Office Equip 229.99, Amzn Mktp Furniture & Office Equip 111.13, Amzn Mktp Investigators Exps 29.99, Amzn Mktp Office Sups -15.00, Amzn Mktp Office Sups 37.11, Amzn Mktp Office Sups 11.29, Amzn Mktp Office Sups 16.96, Amzn Mktp Office Sups 15.00, Amzn Mktp Office Sups 43.85, Amzn Mktp Office Sups 20.98, Amzn Mktp Office Sups 9.82, Amzn Mktp Office Sups 8.50, Amzn Mktp Office Sups 4.79, Amzn Mktp Office Sups 33.00, Amzn Mktp Office Sups 25.15, Amzn Mktp Office Sups 9.99, Amzn Mktp Office Sups 4.65, Amzn Mktp Office Sups 31.77, Amzn Mktp Office Sups 23.98, Amzn Mktp Office Sups 18.79, Amzn Mktp Office Sups 38.00, Amzn Mktp Other Federal Grants 137.17, Amzn Mktp Other Sups 7.98, Amzn Mktp Other Sups 7.00, Amzn Mktp Rescue Squad Donations Exp 42.99, Amzn Mktp Safety & Rescue Equip 69.99, Amzn Mktp Small Tools & Shop Sups 59.99, Amzn Mktp Telephone 9.99, Amzn Mktp Testing Sups 105.98, Amzn Mktp Uniform Allowance 55.00, Amzn Mktp Uniform Allowance 209.00, Amzn Mktp Uniform Allowance 108.00, Amzn Mktp Uniform Allowance 34.38, Anderson, Jennifer Bd Evals (Minnehaha) 220.00, Anderson, Scott A. Business Travel 74.00, Angel, Edward P Attorney Fees 5,406.00, Appeara Program Activities 93.81, Argus Leader Publishing Fees 2,775.28, Assoc Of SD Weed & P Education & Training 60.00, Aurora Training Adv Professional Services 399.00, Autumn Park Apt Welfare Rent 565.07, Avera Health Plans Insurance Admin Fee 2,931.65, Avera Mckennan Other Medical Services 117.28, Avera Mckennan Professional Services 750.00, Axis Forensic Toxic Lab Costs 2,065.00, Axon Enterprise Education & Training 750.00, Baltic Fire Dept Baltic Fire Dept 23,403.00, Bargain Barn Tire Auto/Small Equip 25.00, Batteries Plus Heavy Equip Repairs & Maint 227.90, Big D Gas Oil & Diesel 40.01, Billion Chevrolet Gas Oil & Diesel 49.49, Billion Empire Motor Auto/Small Equip 1,094.98, Boyd, Michelle Taxable Meal Allowances 34.00, BP Gas Oil & Diesel 46.78, Brandon Fire Dept Brandon Fire Dept 52,236.50, Brandon Valley Journ Publishing Fees 1,174.90, Budget Auto Repair Gas Oil & Diesel 61.90, Business Archives Archive/Preservation Sups 600.00, C & M Family Propert Welfare Rent 500.00, C & R Sup Truck Repairs & Maint 68.96, Cadd Engineering Sup Program Activities 130.00, Careerbuilder Publishing Fees 183.43, Caseys General Store Gas Oil & Diesel 78.06, Caseys General Store HIDTA Grant 48.95, Cenex Program Activities 11.03, Center For Family Professional Services 308.00, Century Business Maint Contracts 310.29, Centurylink Contract Services 13.58, Centurylink Data Comm 1,301.86, Centurylink Telephone 1,977.32, Chagolla, Albert Interpreters 270.84, Civil Design Architects & Engineers 840.00, Classified Verticals Publishing Fees 549.00, Coffee King Program Activities 70.00, Collins, Jerry R Welfare Rent 330.00, Colton Fire & Rescue Colton Fire Dept 22,285.50, Computer Forensic Professional Services 1,180.00, Construction Product Bridge Repair & Maint 277.19, Construction Sup Road Maint & Material 93.00, Coremr Maint Contracts 652.50, Costco Wholesale COVID Exps 965.23, Costco Wholesale Janitorial Chemical Sups 50.77, Costco Wholesale Road Maint & Material 51.98, Costco Wholesale Water - Sewer 28.63, Cranbrook, Katheryn Attorney Fees 5,125.00, Crooks Volunteer Fir Crooks Fire Dept 17,378.00, Crosbyjaeger Funeral Burials 3,000.00, Culligan Water Maint Contracts 38.85, Dakota Auto Parts Gas Oil & Diesel 467.88, Dakota Auto Parts Motor/Machine/Equip Repair 20.15, Dakota Law Firm Prof Attorney Fees 1,553.10, Dakota Law Firm Prof Child Defense Attorney 860.90, Dakota News Store Inventory 31.76, Dakota Sup Group Hwy Shop Repairs & Maint 21.27, Dakota Sup Group JDC Maint 488.29, Dalsin Fairgrounds 1,091.00, Dalsin Jail Repairs & Maint 1,238.00, Dalsin JDC Maint 620.50, Data Systems Office Sups 129.00, Decastro Law Attorney Fees 4,135.70, Dell Marketing Data Processing Equip 924.03, Dell Rapids Communit Ambulance Services 27,030.00, Dell Rapids Communit Transportation 600.00, Dell Rapids Fire Dept Dell Rapids Fire Dept 30,794.00, Dematteo Law Attorney Fees 326.70, East River Electric Sign Deposits 50.00, Easy Badges Inmate Sups 450.00, EH Hospitality Motels 645.00, Eich Law Office Child Defense Attorney 841.50, Empire Toner Data Processing Sups 1,939.90, Environmental Build Building Repairs & Maint 112.38, Erpenbach, John E Recruitment 825.00, Etterman Enterprises Small Tools & Shop Sups 80.10, Express Stop Gas Oil & Diesel 93.64, Extender Partners Auto/Small Equip 55.97, Fastenal Jail Repairs & Maint 16.56, Fastenal Small Tools & Shop Sups 213.15, Fedex Postage 10.07, Fedex Postage 11.25, First Premier Bank Investigators Exps 200.00, Fleet Farm Uniform Allowance 76.98, Fleetpride Truck Repairs & Maint 116.48, FM Acoustical Tile Building Repairs & Maint 69.28, Force America Distr Parts Inventory 788.21, Force America Distr Small Tools & Shop Sups 78.47, Force America Distr Truck Repairs & Maint 66.15, Fred The Fixer Building Repairs & Maint 12.00, Fred The Fixer Park & Recreation Material 148.00, Galls Quartermaster Uniform Allowance 634.49, Gannett Office Sups 22.37, Gannett Subscriptions 58.95, Garretson Fire Dept Sherman Fire Dept 2,908.00, Garretson Gazette Publishing Fees 1,197.02, Gaylord Bros Program Activities 206.66, Gearman, Jason Uniform Allowance 195.00, George, Aaron Welfare Rent 500.00, Geotek Engineering Architects & Engineers 339.50, Gideons Promise Education & Training 50.00, Glock Professional Education & Training 450.00, Glory House Apt Welfare Rent 400.00, Goebel Printing Office Sups 49.64, Gordys Gas Oil & Diesel 48.87, Gourley Properties Welfare Rent 1,550.00, Graham Tire Auto/Small Equip 55.05, Graham Tire Motor/Machine/Equip Repair 962.61, Graham Tire. Auto/Small Equip 584.04, Graham Tire Truck Repairs & Maint 32.40, Grainger Plumbing & Welding 73.68, Grainger Small Tools & Shop Sups 309.52, Graybar Electric Com Coliseum 71.28, Graybar Electric Com Electrical Repairs & Maint 1,336.00, Graybar Electric Com Hwy Shop Repairs & Maint 40.03, Greater Sioux Falls Memberships 532.00, Griese Law Firm Attorney Fees 2,880.62, Griesse, Chris Road Maint & Material 3,049.20, GS Properties Welfare Rent 700.00, Harmelink & Fox Attorney Fees 166.33, Harms Oil Company Gas Oil & Diesel 147.37, Harolds Photo Center Program Activities 114.99, Hartford Area Fire Hartford Fire Dept 40,975.00, Hartford’S Best Pain Auto/Small Equip 4,587.27, Hartquist Funeral Burials 2,000.00, Helpsystems Maint Contracts 1,881.53, Helseth, Ramona G. Bd Exp Fees (Minnehaha) 144.00, Henry Carlson Constr Construction Costs 163,075.00, High Point Networks Memberships 248.00, High Point Networks Subscriptions 52.00, Hobby-Lobby Office Sups 135.97, Holiday Inn Express Business Travel 240.00, Holiday Stations Gas Oil & Diesel 45.09, Holiday Stations Gas Oil & Diesel 46.16, Horizon Agency Insurance Admin Fee 2,801.50, Hruska, Kathleen Interpreters 25.00, Humboldt Fire & Amb Ambulance Services 27,030.00, Humboldt Fire & Amb Humboldt Fire Dept 20,841.00, Hurd’S Custom Machin Homeland Security 59,849.00, Hy-Vee Clinics - Auxiliary Services 6.98, Hy-Vee Insurance-Other Costs 309.00, Hy-Vee Other Sups 6.47, Hy-Vee Pharmacies 1,552.05, Hy-Vee Professional Services 34.99, Hy-Vee Program Activities 2,245.00, Hy-Vee Supplemental Food 200.05, I State Truck Center Parts Inventory 3,182.61, I State Truck Center Truck Repairs & Maint -188.19, Ideal Yardware Motor/Machine/Equip Repair 31.94, Idemia Identity & Se Lease-Rental Agmt 5,443.00, Michy E. Morillo Child Care Items 238.50, Missile Muffler Auto/Small Equip   870.00, Sioux Falls Rubb Office Sups 39.83, Ingram Book Group Store Inventory 340.10, Innovative Office Janitorial Chemical Sups 1,013.54, Innovative Office JDC Custodial Sups 123.14, Innovative Office Office Sups 16.08, Intek Rent Subsidies 520.00, Interstate Office Office Sups 1,952.30, Irving Center Apt Welfare Rent 375.00, J.C. Penney Uniform Allowance -4.63, JCL Solutions Inmate Sups 1,920.24, JCL Solutions Janitorial Chemical Sups 119.79, JCL Solutions Kitchen/Cleaning Sups 1,337.41, JCL Solutions Office Sups 59.66, Jeff Larson Law Attorney Fees 2,608.20, JH Larson JDC Maint 8.35, Jim & Rons Svc Professional Services 573.50, JSA Consult Engineer Architects & Engineers 5,022.50, Kash Transportation 41.25, Kathryn Macziewski Misc Revenue 300.00, Katterhagen, Mark Bd Exp Fees (Yankton) 54.00, Kauffman, David W Ph Psych Evals 4,000.00, Kennedy, Renee S Court Reporters 867.60, Kibble Equip Auto/Small Equip 19.33, Kibble Equip Motor/Machine/Equip Repair 1,207.28, Knecht, Andrew J Attorney Fees 705.60, Koch, Elizabeth J Bd Exp Fees (Minnehaha) 128.00, Krista Leidholt Donations 112.50, Kum&Go Business Travel 93.80, Kum&Go Gas Oil & Diesel 146.87, Kum&Go Work Mileage 64.77, Kyle Johnson Donations 36.47, Kyra Enterprises Motels 700.00, Lacey Rentals Lease-Rental Agmt  115.00, Lacrosse Seed Road Maint & Material 540.00, Lamar Texas Limited Advertising 4,760.00, Lamp Interpreters 37.50, Language Testing Int Professional Services 124.00, Languageline Solut Interpreters 76.15, Languageline Solut Telephone 445.07, Laughlin Law Attorney Fees 1,344.30, Lawson Products Small Tools & Shop Sups 78.35, Lewis Drugs Clinics - Auxiliary Services 1,808.34, Lewis Drugs Postage 9.80, Lewis Drugs Supplemental Food 35.91, Lewno Law Office Bd Exp Fees (Yankton) 528.09, Lexjet Corporation Program Activities 1,219.97, Lisa Carlson Report Court Reporters 2,152.80, Lockwood, Darcy Bd Exp Fees (Yankton) 54.00, Lopez, Rebeca Interpreters 50.00, Lots O Rocks Welfare Rent 430.00, Lundquist, Elizabeth Court Reporters 63.40, Lyons Volunteer Fire Lyons Fire Dept 7,206.50, Mac’S Sioux Falls Other Sups 26.27, Mac’S Sioux Falls Small Tools & Shop Sups 86.02, Madison Rankia Misc Revenue 300.00, Maeschen, Joseph Taxable Meal Allowances 100.00, Mailchimp Advertising 51.99, Mailway Printers Publishing Fees 1,384.00, Marathon Gas Oil & Diesel 29.50, Market@Work Office Sups 3.20, Maxwell Food Equipme Other Sups 14.60, Medstar Paramedic Transportation 3,200.00, Menard Janitorial Chemical Sups 7.57, Menard JDC Maint 122.37, Menard Program Activities 67.88, Menard Road Maint & Material 243.36, Metro Comm Misc Exp 46,828.83, Microfilm Imaging Furniture & Office Equip 340.00, Microfilm Imaging Lease-Rental Agmt 405.00, Microfilm Imaging Software 400.00, Midamerican Energy Natural Gas 3,988.48, Midcontinent Comm Amounts Held For Others 125.50, Midcontinent Comm Subscriptions 443.86, Midland Heat, Vent & AC Repairs 106.23, Midwest Alarm Compan Security Alarm 283.28, Midwest Fidelity Auto/Small Equip 137.70, Midwest Wellness Professional Services 4,575.00, Mills Property Manag Welfare Rent 486.00, Minnehaha Community Tea-Ellis Range 35.00, Minnehaha Community Water - Sewer 30.00, Multicultural Center Interpreters 165.00, NACDL Education & Training 309.00, NACDL Memberships 374.50, Napa Auto Parts Parts Inventory 35.64, New Century Press Publishing Fees 1,986.90, Norberg Paints Building Repairs & Maint 57.40, North Louisiana Crim Blood/Chemical Analysis 250.00, North Ridge Welfare Rent 500.00, Novak Office Sups 57.33, Novak Tea-Ellis Range 61.55, Novak Trash Removal 783.86, Nybergs Ace Hardware Bldg/Yard Repair & Maint 7.47, Nybergs Ace Hardware Other Sups 143.53, Oak Ridge Nursery Right Of Way 1,599.85, Oak Street Investment Welfare Rent 800.00, Office Depot Data Processing Sups 108.56, Office Depot Office Sups 1,024.07, Officemax/Depot Investigators Exps 80.96, Officemax/Depot Publishing Fees 19.99, Ohiya Casino Resort Business Travel 78.71, Olson, Robert Taxable Meal Allowances 14.00, Omni Nashville Business Travel 259.51, Oreilly Auto Parts Auto/Small Equip 47.58, OTC Brands Program Activities 92.98, Palluck, Ethan Taxable Meal Allowances  18.00, Panera Bread Misc Exp 105.35, Paramedics Logistics Professional Services 275.06, Pennington County Extradition & Evidence 3,175.58, Penske Trk Program Activities 182.50, Peoplefacts Recruitment 8.91, Pfeifer Implement Motor/Machine/Equip Repair 415.47, Pharmchem Testing Sups 125.80, Phillips 66 Gas Oil & Diesel 217.99, Piedmont Plastics Program Activities 310.00, Pioneer Enterprises Burials 2,000.00, Pitney Bowes Postage 10.89, Planet Hollywd Business Travel 212.47, Precision Kiosk Tech Testing Sups 4,050.00, Precision Locker Com Misc Exp 480.64, Propper E-Commerce, JAG Grant 2020 59.98, QE Welfare Rent 900.00, Qualified Presort Postage 6,797.49, R&L Sup Hwy Shop Repairs & Maint 15.60, R&L Sup JDC Maint 41.39, R&L Sup Plumbing & Welding 52.92, RADCO Auto/Small Equip 1,175.54, Ramkota Hotel Business Travel 160.40, Ramkota Hotel Business Travel 244.52, Reeves, Megan Court Reporters 1,293.80, Reliance Telephone Telephone 4.75, Renner Fire Rescue Renner Fire Dept 16,551.00, Reynolds Law Child Defense Attorney 2,425.50, Ringing Shield,Nicho Bd Evals (Minnehaha) 3,030.00, Risty, Maxine J Court Reporters 2,308.40, Roger Knochenmus Sign Deposits 50.00, Ron Turley Associate Software 1,065.00, Ronald Knapp Sign Deposits 50.00, Rr Brink Locking Sys Jail Repairs & Maint 6,181.00, Running Sup Auto/Small Equip 189.65, Running Sup Heat, Vent & AC Repairs 389.70, Running Sup Heavy Equip Repairs & Maint 7.99, Running Sup JDC Maint 110.31, Running Sup Motor/Machine/Equip Repair 338.16, Running Sup Plumbing & Welding 17.56, Running Sup Small Tools & Shop Sups 139.97, Running Sup Truck Repairs & Maint 10.99, Safe Home Misc Revenue -236.07, Safe Home Notes Rec Safe Home -3,358.02, Safe Home Rent Subsidies 12,366.00, Sanford Hospitals 17,340.93, Sanford Lab Costs 257.60, Sanford Clinic Blood Withdrawal 40.00, Sanford Clinic Insurance-Other Costs 7,072.00, Sanford Clinic Lab Costs 174.00, Sanford Clinic Misc Exp 47.30, Sanford Clinic Other Medical Services 104.65, Sanford Health Plan Insurance Admin Fee 3,313.75, Schabauer, Ernest Welfare Rent 1,480.00, Scilawforensics Attorney Fees 4,550.00, SD Assoc Of County O Due To Other Governments 6,482.00, SD Engineering Socie Education & Training 125.00, SD Safety Council Education & Training 89.75, SD State Bar Legal Research 1,000.00, SD State Bar Memberships 3,655.00, SDN Comm Data Comm 627.48, SDN Comm Telephone 1,468.80, Security Labs Maint Contracts 100.00, Shels Extradition & Evidence 2.19, Shels Gas Oil & Diesel 8.34, Sherwin Williams Building Repairs & Maint 76.86, Signature Properties Welfare Rent 593.00, Sinclair Oil Corp. Gas Oil & Diesel 84.28, Sinclair Oil Corp. HIDTA Grant 40.04, Sioux Empire Home Repair/Renovations 85.00, Sioux Empire Society Education & Training 40.00, Sioux Falls City Contract Services 318,750.00, Sioux Falls City Gas Oil & Diesel 14,360.73, Sioux Falls City HIDTA Grant 444.74, Sioux Falls City Misc Exp 103.20, Sioux Falls City Welfare Utilities 91.68, Sioux Falls Ford Auto/Small Equip 100.00, Sioux Falls Housing Welfare Rent 700.00, Sioux Falls Mhp Welfare Rent 375.00, Sioux Falls Pride Misc Revenue 300.00, Sioux Falls Ymca Welfare Rent 770.00, Sioux Valley Energy Electricity 338.41, Sioux Valley Energy Tea-Ellis Range 93.37, Smith, Marlene F Court Reporters 96.60, Solomon, Ghirmay Z Child Defense Attorney 70.00, Southeastern Behav Contract Services 595.25, Missouri Star Q Program Activities -4.74, Speedway Gas Oil & Diesel 26.52, Splitrock Fire Dept Split Rock Fire Dept 23,947.00, Spring Hill Welfare Rent 276.00, Stan Houston Equip JDC Maint 175.00, Staples Furniture & Office Equip 779.97, State Of SD Amts Held-Daily Scram 5,825.00, State Of SD Amts Held-Remote Breath 1,976.00, State Of SD Bulletin Board Svc 181.57, State Of SD Child Care Items 713.10, State Of SD Clinics - Auxiliary Services 0.40, State Of SD Commitment - HSC 14,818.27, State Of SD Commitment - Redfield 900.00, State Of SD Due To Other Governments 3,365,690.75, State Of SD Fingerprint/Tax 341.72, State Of SD Misc Revenue 230.91, State Of SD Misc Exp 2,472.26, State Of SD Other Sups 20.80, State Of SD Store Inventory 265.38, State Of SD Store Sales 235.48, State Of SD Telephone 153.07, Stellar Vip Limousin Program Activities 630.00, Streichers Volunteer Pers Items 1,264.99, Sturdevants Auto/Small Equip 53.98, Summit Food Service Board Of Prisoners-Meals 77,355.09, Summit Food Service Child Care Food 634.61, Summit Food Service Inmate Sups 115.16, Summit Food Service School Lunch Program 1,035.02, TCN Telephone 77.20, Team Auto Gas Oil & Diesel 39.61, Tessman Seed Comp Grounds & Parking Repair 260.00, The Home Depot Grounds & Parking Repair 121.92, The Home Depot Heat, Vent & AC Repairs 2.84, The Home Depot Jail Repairs & Maint 2.42, The Home Depot Park & Recreation Material 89.20, The Home Depot Small Tools & Shop Sups 236.79, The Priceline Group Extradition & Evidence 281.05, Thomson Reuters Books 60.20, Thomson Reuters Legal Research 4,301.11, Time.Ly Subscriptions 98.00, Tractor Sup Compa Small Equip Purchases 591.91, Trane VOA Dakotas 850.00, Transource Truck Truck Repairs & Maint 25.64, Transunion Risk Investigators Exps 75.00, Travel Guard Group Business Travel 52.58, TRB Webinar Education & Training 95.00, Triangle Properties Welfare Rent 700.00, Tristate Garage Door JDC Maint 150.00, Tri-State Nursing Professional Services 3,323.25, Truck Towne Travel Gas Oil & Diesel 28.47, Tschetter & Adams Attorney Fees 10,337.46, Tschetter & Adams Child Defense Attorney 1,087.30, Twilio Data Comm 50.00, Two Way Solutions Auto/Small Equip 2,800.56, Two Way Solutions Communication Equip Repair 406.96, Tzadik Sioux Falls Welfare Rent 3,100.00, Tzadik Sioux Falls Welfare Rent 3,200.00, United Parcel Servic Postage 26.89, UPS Jail Repairs & Maint 12.71, US Bank-Corporate Trust-Administration Fees 576.00, US Foods Inc Other Sups 240.87, US Foods Inc Professional Services 1,690.71, US Postal Service Postage 1,942.72, Valley Springs Volun Valley Springs Fire Dept 14,277.50, Verizon Wireless Administrative Charges 45.74, Verizon Wireless Data Processing Equip 1,316.94, Verizon Wireless HIDTA Grant 73.90, Verizon Wireless Safety & Rescue Equip 128.68, Verizon Wireless Tea-Ellis Range 40.01, Verizon Wireless Telephone 5,701.96, Vern Eide HIDTA Grant 590.00, Volunteers Of Americ Welfare Rent 344.00, Vuong Law Attorney Fees 8,084.75, Wall Lake Sanitary Water - Sewer 90.00, Walmart COVID Exps 59.04, Walmart Donations 102.60, Walmart HS Donations 426.16, Walmart Inmate Sups 31.36, Walmart Insurance-Other Costs 4.88, Walmart Office Sups 8.28, Walmart Safety & Rescue Equip 169.98, Walmart Supplemental Food 185.91, Walter, Max Attorney Fees 990.00, Walter, Max Child Defense Attorney 1,633.50, Wayne Township Wayne Township Fire Dept 12,695.00, Wellington Park Apts Welfare Rent 158.00, Westwood Limited Par Welfare Rent 400.00, SD SHRM State Education & Training 249.00, Xcel Energy Electricity 4,317.04, Xcel Energy Road Maint & Material 17.01, Xcel Energy Welfare Utilities 1,107.00, Yankton County Return Of Service 50.00, Yellow Robe Consult ICWA Professional Services 29,122.00, Zoom Video Comm Subscriptions 14.99. 

REPORTS

The following reports were received and placed on file in the Auditor’s office: Juvenile Regional Detention Center Statistics for September 2021, Juvenile Regional Detention Center 3rd Quarter Report for 2021, Sheriff’s Report for October 2021, Register of Deeds Statement of Revenue for October 2021, Minnehaha County Coroner Report for August, 2021, Highway Department Monthly Update, Human Services 2021 3rd Quarter for Minnehaha County and Lincoln County, Auditor’s Financial Report for October 2021, and Planning Department Building Permits for October 2021.  Susan Beaman, Finance and Budget Officer, commented on the implementation of accrual accounting for county payroll.  

PERSONNEL

MOTION by Beninga, seconded by Bender, to approve the following personnel actions. 4 ayes. 

New Hires

1. Maria Lopez, variable hour Legal Office Assistant for the Public Defender’s Office, at $16.00/hour effective 10/13/2021.

Step Increases 

1. Kari Benz, Human Services Director for Human Services, at $4,161.60/biweekly (24/10) effective 9/23/2021.

2. Bowan Chang, Correctional Officer for the Jail, at $21.38/hour (13/4) effective 11/18/2021.

3. Benjamin Kruse, Correctional Officer for the Jail, at $22.47/hour (13/6) effective 11/2/2021.

4. Daniel Burzlaff, Correctional Officer for the Jail, at $23.60/hour (13/8) effective 11/23/2021.

5. Victor Allen, Juvenile Correctional Officer I for the Juvenile Detention Center, at $19.86/hour (12/3) effective 11/13/2021.

6. Richard Dodge, Custodian for the Museum, at $20.87/hour (7/15) effective 10/21/2021.

7. Melissa Sommers, Senior Deputy Public Defender for the Public Defender’s Office, at $3,093.60/biweekly (22/6) effective 11/18/2021.

8. Matthew Bullis, Deputy Sheriff for the Sheriff’s Office, at $26.05/hour (17/4) effective 11/19/2021.

9. Tara Palmiotto, Senior Trial Attorney for the State’s Attorney’s Office, at $4,161.60/biweekly (23/14) effective 11/2/2021.

NOTICES

A notice was received from the SD Department of Health of Disinterment Permit issued for the remains of Jamison Baby Girl.

Upon request of Ben Kyte, Auditor, MOTION by Bender, seconded by Barth, to authorize Auditor to publish Notice of Hearing on December 7, 2021 to consider a Change to Legal Description on Alcohol Renewal Application for TDC Enterprises. 4 ayes. 

PUBLIC COMMENT

Joseph Kippley, 2600 E Slaten Park Circle Sioux Falls, SD, spoke about his candidacy for County Commission and that he was attending the meeting to learn about work that the Commission does and thanked the Commissioners for their service. 

PUBLIC HEARING

Scott Anderson, Planning Director, was present for the scheduled hearing on a complaint on the property legally described as SW1/4 (Ex West Acres & Ex Tr 58A West Acres & A Tr 239 X 32 N of Tr 9 West Acres & Ex A Tr 20 X 349 E of Trs 61 & 61A West Acres) in Section 17-101-50, Wayne Township, a Public Nuisance and Enact SDCL 21-10-06. The County Commission held an initial nuisance hearing on July 27, 2021 and gave the property owner until November 1, 2021 to have the nuisance addressed. The updated pictures were taken on November 10 show that some progress on the abating the nuisance but there was still a lot of items left on the property. 

Scott Van Ginkel, representing the property owner, thanked the Commission for the extension. Mr. Van Ginkel stated that a quote has been received from Soukup Construction to demolish and remove miscellaneous building structures, demolish and remove three farm silos along with the removal of miscellaneous rubble, tire piles, and scrap vehicles. 

Commissioner Bender asked Mr. Van Ginkel what the reason was for why the property was not cleaned up following the July hearing. Mr. Van Ginkel stated that this was the tenant’s business and they have been keeping the Planning Department updated on the progress. 

Commissioner Beninga asked about the zoning of the property.  Planning Director Anderson replied that is zoned A-1 Agricultural so the operation of a scrap business would not be allowed in the zone. 

Commissioner Barth stated that junkyards are a problem and the fluids from the vehicles could cause problems with the groundwater if they would leak into the water supply. 

Commissioner Bender asked Mr. Van Ginkel if the property owners were thinking about terminating the lease and there has been talk but they would like to wait since they would be responsible for the clean-up bill. 

Opponent, Terry Garner, spoke about how hard he has been working to clean up the property which includes the removal of 500 tires and 2 loads of cars. 

PROPONENTS

Proponent, Amber Hovert, spoke about that the property is far from cleaned up and would like to have owners and tenants forced to clean up the property. 

MOTION by Beninga, seconded by Barth, to declare the property legally described as SW ¼ (EX West Acres & Ex Tr 58A West Acres & A Tr 239 x 32 N of Tr 9 West Acres & Ex A Tr 20 x 349 E of Trs 61 &61A West Acres) in Section 17-101-50, Wayne Township, a Public Nuisance and Enact SDCL 21-10-06. By roll call vote: 4 ayes. 

BRIEFING

Chuck Martinell, 4-H/Youth Development Advisor, gave a briefing on the Minnehaha County 4-H Program highlighting the 2020-21 changes in focus to positive youth development programs that build skill in four areas-social, life, workforce, and leadership and the number of participants involved in 4-H along with the summer/fall highlights and program successes. Mr. Martinell highlighted the community service project called Live Like Cat along with Robotics teams. 

Amy Carter, Children’s Inn Operations Director gave a briefing on the Children’s Inn highlighting the following areas: programs and services, and the five-year comparison statistics. A past client of Children’s Inn shared her story about her experience with the organization. Karl Jegeris, Chief Operating Officer, spoke about the building project which is scheduled to open in Fall of 2022 and the current and proposed budget along with the Minnehaha County Funding and Costs. 

Bob Mundt, Sioux Falls Development Foundation President & CEO, gave a briefing on the Sioux Falls Development Foundation highlighting the work to make sure local businesses are successful, workforce development activities that are starting in the junior high schools through college, campaign to promote the relocation to the area along with employment activities of various companies and a grant that was received to assist employers with training that would allow current employees to move up within the organization. 

AGREEMENTS

Joe Bosman, Deputy Sheriff Caption, presented the 2022 Police Service Agreements. The hourly rate will increase from $ 36.45 in 2021 to $36.95 in 2022. The number of hours per week each community will patrol and police services is as follows: 35 hours in Baltic, 15 hours in Colton, 25 hours in Crooks, 154 hours in Dell Rapids, 43 hours in Garretson, 100 hours in Hartford, 10 hours in Humboldt, and 22 hours in Valley Springs. All agreements remain the same in scope of services provided by the Minnehaha County Sheriff’s Office. MOTION by Barth, seconded by Bender, to authorize the Chair to sign the 2022 Police Service Agreements between Minnehaha County and the Cities of Baltic, Colton, Crooks, Dell Rapids, Garretson, Hartford, Humboldt, and Valley Springs. By roll call vote: 4 ayes. 

Upon request of Mark Kriens, Facilities Director, MOTION by Beninga, seconded by Barth, to approve the agreement with Koch Hazard Architects for design services and authorize Chair to sign the agreement pending legal review. 4 ayes. 

VEHICLE PURCHASE

Upon request of Steve Groen, Highway Superintendent, MOTION by Bender, seconded by Beninga, to authorize the Highway Department to purchase a 2022 Ford F-150 from Lamb Motor Co through the State of South Dakota Procurement Contract in the Amount of $30,615.00. 4 ayes. 

RIGHT-OF-WAY 

Upon request of Steve Groen, Highway Superintendent, MOTION by Bender, seconded by Barth, to authorize the chair to sign the South Dakota Department of Transportation Utility and Right-of-Way Certificates for Project MC21-10 Structure 50-330-066 Rehabilitation. 4 ayes. 

OPIOID SETTLEMENT

Ben Kyte, Auditor, presented a request to authorize the Auditor to register Minnehaha County for the Opioid Settlement. The more political subdivisions that register the settlement the more settlement funds would be available. Chief Deputy Jeff Gromer spoke on the opioid issue within the County and that the Sheriff’s Office is supportive on registration for the settlement. MOTION by Barth, seconded by Beninga, to authorize the Auditor to Register Minnehaha County for the Opioid Settlement. 4 ayes. 

AGREEMENT

Upon request of Ben Kyte, Auditor, MOTION by Beninga, seconded by Bender, to approve the agreement with JustFOIA for a Records Request Management Program Subscription and authorize the Chair to sign the agreement pending legal review. 4 ayes. 

RESOLUTION

Ben Kyte, Auditor, presented a Resolution to Rescind Resolution MC 20-57 Approving the Property Tax Payment Plan for Parcel 35525 due to lack of payment by the property owner. MOTION by Barth, seconded by Bender, to approve Resolution 20-64 Rescinding Resolution MC 20-57 Approve the Property Tax Payment Plan for Parcel 35525. By roll call vote: 4 ayes. 

RESOLUTION MC 21 - 64

A RESOLUTION TO RESCIND RESOLUTION MC 20-57 WHCH APPROVED THE 

PROPERTY TAX PAYMENT PLAN FOR PARCEL 35525

WHEREAS, Minnehaha County holds Tax Certificate No. 11-00984 due to delinquent property taxes for Parcel 35525, legally described as Lot Six (6), Block Twenty-one (21) of Highland Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and 

WHEREAS, on the 28th day of July, 2020, the Minnehaha County Board of Commissioners approved a tax payment plan for Parcel 35525 as proposed by the owner, Howard Thomas, whereby to satisfy all outstanding taxes, penalties, and interest, the owner agreed to pay to Minnehaha County, to wit: an initial payment of $508.37 by September 1st, 2020; monthly payments of $508.37 through July of 2023; and a final payment for any remaining unpaid balance by August 1, 2023; and 

WHEREAS, the owner has failed to comply with the terms and conditions of the payment plan, and has thereby defaulted in his obligations; and

WHEREAS, on the 3rd day of November, 2021, the owner was 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 20-57, Approval of Property Tax Payment Proposal on Parcel 35525, approved by the Board of Commissioners on the 28th day of July, 2020, 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 35525 in accordance with SDCL Ch. 10-25.  

Dated at Sioux Falls, South Dakota, this 16th day of November, 2021

Approved by the Minnehaha County Commission:

Dean Karsky

Commission Chair

ATTEST:

Kym Christiansen

Deputy Auditor

TAX DEEDS

Ben Kyte, Auditor, requested approval of a tax deed sale resolution for RDID – 48244. 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 November 10th, the purchaser of RDID-48244, CAM Companies, LLC, remitted to the Auditor’s Office the balance due for the purchase of the property. MOTION by Barth, seconded by Bender, to approve Resolution MC21-65, approving sale of tax deed property RDID 48244. By roll call vote: 4 ayes. 

RESOLUTION APPROVING SALE OF 

TAX DEED PROPERTY RDID 48244

MC21-65

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 48244, Tax Certificate # 16-01604, 212 W Russell Street, Sioux Falls, SD; The East 1/3 of Lots 14 & 15, and the East 1/3 of the South 38’ of Lot 16, Block 17, Summit 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 $41,600.00; 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 16th day of November, 2021

Approved by the Minnehaha County Commission:

Dean Karsky

Commission Chair

ATTEST:

Kym Christiansen

Deputy Auditor

LIASON REPORTS 

Commissioner Barth reported on attending the November 15, 2021, Towns & Township Meeting. Ben Kyte, Auditor, Steve Groen, Highway Superintendent, and Jacob Maras, Engineering Supervisor were also in attendance. 

MOTION by Barth, seconded by Beninga, to recess at 10:33 a.m. until 10:40 a.m. 4 ayes. 

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

MOTION by Beninga, seconded by Barth, to adjourn. 4 ayes.

The Commission adjourned until 9:00 a.m. on Tuesday, November 23, 2021.

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Kym Christiansen

Commission Recorder 

Published at the approximate cost of $348.45

Nov. 24, 2021

Category:

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