Legals: September 1, 2021

Published by admin on Tue, 08/31/2021 - 1:22pm

Brandon Valley School District

_________ Minutes _________

The regular meeting of the Brandon Valley Board of Education, Brandon, SD was held at 6:30 p.m. on the 23rd of August, 2021 at the Brandon Valley High School Community Room with the following members present: Renee Ullom, Gregg Ode, Ellie Saxer, Gregg Talcott, and Nick Scott. Absent: None. Also present were Superintendent Jarod Larson, Activities Director Bill Freking, High School Associate Principal Jordan Paula, Middle School Principal Brad Thorson, Intermediate School Principal Nick Skibsted, Director of Instruction Sherri Nelson, Special Services Director Wendy Otheim, and Operations Manager Ty Hentschel.

Renee Ullom called the regular meeting to order at 6:30 p.m., beginning with the Pledge of Allegiance.

Motion by Talcott, seconded by Ode to approve the agenda as presented. Motion carried.

Administrative reports were presented. Brandon Valley High School addition priorities have been reviewed and discussed as follows:

- General Classrooms, Ground Floor Special Education, Science Lab Classrooms, Maximize Land Usage/ Upgrade East Facility Face, Minimize Impact to parking.

The tentative BVHS Addition timeline is as follows:

- Preliminary planning in-progress: Preliminary planning with the Building and Grounds Board Committee, Central Office Administration and BVHS Administration

- Fall 2021 – Information sharing as follows: Community with Board of Education, Administrative Council, Teacher Liaison Council, Classified Council, and the Brandon Valley High School Staff

- Winter 2022 – Bid the project

- Spring/Summer 2022 – BVHS Addition begins

- 2022-2023 School year – Construction in-progress

- Fall 2023 – Addition opens

Information sharing regarding the BVHS Addition begins with preliminary planning (in-progress) with Building and Grounds Committee, Central Office Administration and BVHS Administration. In the Fall of 2021, Communication will continue with the Board of Education, Administrative Council, Teacher Liaison Council, Classified Council, and the Brandon Valley High School Staff.

The COVID-19 Information Website: https://brandonvalley.k12.sd.us/covid/covid.html is the centralized communication hub. THE MESSAGE: If you are sick – stay home!

Bus ridership for the 2021-22 school year is at approximately 1,800 riders with a minimal number of late purchasers.

Current Fall enrollment (subject to change) is as follows: 4,895 students (JK-12) which is an increase of 213 students with a breakdown as follows: Elementary: 2,052; Intermediate: 721; Middle School: 732; High School: 1,390 (including TeachWell Students).

2021-22 School Calendar items include the following: August 23, 2021 ~ In-service/workshop day; August 24, 2021 ~ In-service/workshop day; August 25, 2021 ~ First Day of School Grades 1-12; Friday, August 27, 2021 ~ First Day of School for Kindergarten; Monday, August 30, 2021 ~ First Day of School for Early Childhood programs.

The following Board Policies were presented for a second reading at tonight’s meeting:

JHCDE: Administration of Medical Cannabis to Qualifying Students. Motion by Saxer, seconded by Talcott to adopt Policy JHCDE: Administration of Medical Cannabis to Qualifying Students as presented. Motion carried.

IGDK: Participation of Alternative Instruction Students. Motion by Saxer, seconded by Scott to adopt Policy IGDK: Participation of Alternative Instruction Students as presented. Motion carried.

Motion by Talcott, seconded by Ode to approve the following general business items:

1. Approve agreement by and between the Brandon Valley School District #49-2 and Children’s Home

Society for tuition for one student, $121.59/day, five days per week, effective July 1, 2021 to June 30, 2022, as presented.

2. Approve agreement by and between the Brandon Valley School District #49-2 and the University of South Dakota School for Education for participation in the Operation of a Professional Development District (Student Teacher Program).

3. Approve agreement by and between the Brandon Valley School District #49-2 and Teacher Learning Center for Virtual Training (Motivation and Managing Hard to Reach, Uninterested and Disruptive Students), $2,000, on October 11, 2021.

4. Approve Memorandum of Understanding by and between the Brandon Valley School District #49-2 and Black Hills Special Services Cooperative/TIE for online coursework for K-8 programming, $3,250/student, effective July 1, 2021 until terminated, as presented.

5. Approve agreement by and between the Brandon Valley School District #49-2 and South Dakota Department of Education for participation in South Dakota Virtual School, effective for the 2021-22 school year.

6. Approve Legends for Kids Youth Foundation Grant Application for football program capital improvements, in the amount of $5,000, as presented.

7. Approve request to publicly auction surplus materials, conducted by Interstate Auction Center, Brandon, SD, on September 25, 2021 at 10:00 a.m. as presented.

8. Approve recommendation to approve the ESSER II Budget Amendment, as presented.

Motion carried.

Motion by Saxer, seconded by Scott to approve the following personnel items:

1. Approve recommendation to hire Cheryl Card, substitute bus/van driver, paid according to the transportation hiring schedule, effective August 24, 2021.

2. Approve request for leave without pay from Kelli Vellema, RBE Educational Assistant, as follows: September 23, 24, 27, October 18, December 17, 20, 21, and 22, 2021 (8 days).

3. Approve recommendation to hire Kimberly Moffitt, BVMS Special Education Educational Assistant, full-time, $15.90/hour, effective August 25, 2021.

4. Approve recommendation to hire Syndie Buchheim, BVIS Special Education Educational Assistant, full-time, $15.90/hour, effective August 25, 2021.

5. Approve request for additional Kindergarten Classroom Teacher (1.0 FTE) at Inspiration Elementary, effective the 2021-22 school year.

6. Approve resignation from Kimberly Ludens, Inspiration Elementary Head Cook, effective August 17, 2021.

7. Approve resignation from Graciela Reddog, RBE part-time Child Nutrition worker, effective August 19, 2021.

8. Approve resignation from George Powell, BVHS Special Education Educational Assistant, effective August 19, 2021.

9. Approve recommendation to hire Stephanie Reid, RBE part-time Child Nutrition worker, effective August 25, 2021.

10. Approve recommendation to hire Andia Blake, long-term substitute for Jayna Silvernail (RBE 2nd Grade Teacher), effective on or about September 30, 2021 for approximately 9 weeks.

11. Approve request for additional Kindergarten Classroom Teacher (1.0 FTE) at Brandon Elementary, effective for the 2021-22 school year.

12. Approve recommendation to hire through transfer for Jody Lambert, from BE Reading Interventionist to BE Kindergarten Teacher, BA+15 ~ $52,483.00, effective for the 2021-22 school year.

13. Approve recommendation for additional compensation to Registered Dietician, Alison Fenske, in the amount of $3,000 for extra duties performed (Child Nutrition Service Director coverage), for approximately ten weeks during the 2021-22 school year, as presented.

14. Approve new substitutes for the 2021-22 school year as follows: Todd Geerdes, Melissa Guebert, Amber Larsen, Tricia Snyder, and Thomas Sundling

Motion Carried.

The following personnel items were reviewed by the Board of Education for information only:

1. Transfer Tabitha LaFond from VSE Health Services (COVID) Educational Assistant to VSE Special Education Educational Assistant, effective with the 2021-22 school year.

2. Transfer Mari Bass, from (.5) FAE/ (.5) Inspiration Elementary Health Services (COVID) Educational Assistant to Inspiration Elementary (1.0) Health Services (COVID) Educational Assistant (one-year position).

3. Transfer Amanda Crawford from BE Special Education Educational Assistant to VSE Health Services (COVID) Educational Assistant (one-year position).

4. Transfer Merissa Kringen from Inspiration Elementary 4th Grade Teacher to Inspiration Elementary Kindergarten Teacher (new position), effective with the 2021-22 school year.

5. Transfer Kyla Kroger from Elementary Distance Learning Teacher to Inspiration Elementary 4th Grade Teacher, effective with the 2021-22 school year.

6. Request for maternity leave by Kristin VanBuskirk, BE Special Education Teacher, effective on or around January 12, 2022, for approximately 6-8 weeks.

7. Request for maternity leave by Shalena Zeller, BVIS 5th Grade ELA/Social Studies Teacher, effective on or around January 10, 2022, for approximately 6 weeks.

Superintendent Larson reported that tentative committee schedules will be compiled and disseminated by the end of September for the upcoming school year meetings.

Saxer reported that she and Board Member Scott recently attended the Associated School Boards of South Dakota (ASBSD) annual meeting and were pleased to learn that many are so thankful for President Renee Ullom and the role she plays with the Alternative Education community. Saxer, on behalf of the whole board, thanked Ullom for her willingness to serve on the BV Board of Education as well as her guidance with the Alternative Education Board. Ullom stated that she was thankful for the opportunity to serve on both the BV Board of Education and the Alternative Education Board and was thankful for the positive feedback from others.

Saxer also commented on the two board policies that were approved at tonight’s meeting. She stated that these items are certainly “hot topics” throughout the state and thanked the board and Superintendent Larson for being on top of these items and putting them into action so quickly.

Motion by Scott, seconded by Saxer to adjourn the meeting at 6:40 p.m. Motion carried.

Signed

Superintendent Clerk Pro-Tem

Approved by the Board of Education this 13th day of September, 2021.

Signed

Chairperson

Published once at the approximate cost of $97.63

Sept 1, 2021

Change of name

___________ Notice __________

COUNTY OF Minnehaha

SS:

IN CUIRCUIT COURT

2nd JUDICIAL CIRCUIT

In the Matter of the Petition of Judah Peters

For a Change of Name to Judah Petersen

CIV: 21-1949

NOTICE OF HEARING FOR ADULT NAME CHANGE

NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Judah Peters the object and prayer of which is to change Petitioner’s name from Judah Peters to Judah Petersen. On the 7 day of September, 2021, at the hour of 11:00 am said verified petition will be heard by this Court before the Honorable Hanson Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.

Dated this 27 day of July, 2021 at Sioux Falls, South Dakota.

ATTEST: Angelia M. Gries

Clerk of Court

Published four times at the approximate cost of $44.20

Aug 18, 25, Sept 1 & 8, 2021

City of Valley Springs

___________ Notice __________

VALLEY SPRINGS CITY PLANNING COMMISSION AND VALEY SPRINGS CITY COUNCIL

NOTICE OF JOINT PUBLIC HEARING

ORDINANCE #354

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF VALLEY SPRINGS, SOUTH DAKOTA, AND ALL AMENDMENTS THERETO, IN ACCORDANCE WITH THE PROVISION OF CHAPTER 11-4, 1967 SDCL, AND AMENDMENTS THEREOF, AND FOR THE REPEAL OF ALL RESOLUTIONS AND ORDINANCES IN CONFLICT THEREWITH

The Valley Springs City Planning Commission and the Valley Springs City Council will hold a joint public hearing on September 14, 2021 at 6 p.m. at 615 Broadway Avenue, Valley Springs, South Dakota. All interested persons are encouraged to attend in person and comment on Ordinance #354. After the public hearing, the Planning Commission may pass a resolution recommending approval of Ordinance #354, with or without amendment, to the City Council. The City Council may have first reading of Ordinance #354 by title and set a 2nd reading date.

The proposed Ordinance #354 will be made available for public inspection at the office of the Municipal Finance Officer located at 401 Broadway Avenue, Valley Springs, South Dakota and on-line at www.cityofvalleysprings.com pursuant to SDCL Section 11-4 and amendments thereto.

Written comments may be filed by emailing the Finance Officer at vspringscity@alliancecom.net or by mailing them to the Finance Officer at 401 Broadway Avenue, Valley Springs, South Dakota 57068 on or before noon on September 14, 2021.

PUBLISH SEPTEMBER 1, 2021

Published once at the approximate cost of $16.58

Sept 1, 2021

City of Brandon

_________ Minutes _________

The Brandon City Council met in a special meeting session at 5:30 p.m. on Monday, August 23, 2021 at 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. Other’s present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; Public Works Director, Rollie Hoeke; Police Chief, Jamie Steffel and Golf Course Manager, Andrew Bauer. Absent: None.

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

ORDINANCE #637

Alderwoman Clark moved Alderwoman Fish seconded to give first reading to Ordinance #637 with an amendment to 17-4-1A, omitting the word preschool: TITLE: AN ORDINANCE ADDING TITLE 17 TO THE REVISED ORDINANCES OF THE CITY OF BRANDON CREATING LICENSING AND REGULATION PROVISIONS FOR MEDICAL CANNABIS ESTABLISHMENTS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull and Parliament aye. Motion carried.

RECONSIDERATION OF CONTRACT WITH ISG

Council discussed the engineering contract with ISG regarding the golf course retaining wall. The contract was approved at the August 16, 2021 regular council meeting and was signed by the Mayor. No action taken.

BUDGET WORK SESSION

Discussion was held on the 2022 proposed expenditures presented to council. Alderman Kull moved Alderwoman Clark seconded to change the budget to reflect the health insurance buydown from 75%, 50%, 25%, 5% moving to 25%, 25%, 25%, 5% starting January 1, 2022. A roll call vote showed Clark, David, Fish, Kull, Parliament aye. Jorgenson nay. Motion carried.

Next budget work session will be Monday, August 30, 2021 at 5:30 p.m. to review the changes.

At 7:07 p.m., on a motion by Alderwoman Fish seconded by Alderwoman Clark the meeting was adjourned. Motion carried.

Christina Smith

Municipal Finance Officer

Jim Heinitz

Mayor

Published once at the approximate cost of $21.18

Sept 1, 2021

City of Brandon

______ Notice of ______

____ zoning Hearing ____

NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Brandon Planning and Zoning Commission on the 16th day of September, 2021, at 6:30 p.m. at the Brandon Council Chambers, 308 S. Main Avenue, Brandon, South Dakota;

FURTHER NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Brandon City Council on the 20th day of September, 2021 at 6:00 p.m. at the Brandon Council Chambers, 308 S. Main Avenue, Brandon, South Dakota;

Both hearings will be conducted to consider the request for re-zoning of the following described property from NRC - Natural Resource Conservation District to R-3 - High Density Residential District; GB - General Business District and LI – Light Industrial District.

The legal descriptions and property address are:

Property to be addressed as 1900 W. Holly Blvd.

Parcel 1

That part of the West Half of the Northeast Quarter, Section 32, Township 102 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota described as follows:

Commencing at the North Quarter Corner of said Section 32, thence North 87 degrees 24 minutes 46 seconds East (assumed bearing), on the north line of said Section 32, a distance of 436.28 feet to the point of beginning; thence South 03 degrees 31 minutes 45 seconds East, 356.58 feet; thence South 65 degrees 21 minutes 02 seconds East, 202.67 feet; thence South 02 degrees 29 minutes 35 seconds East, 348.58 feet; thence South 86 degrees 10 minutes 55 seconds West, 53.68 feet; thence northwesterly 246.88 feet along a tangential curve concave to the north, having a radius of 467.00 feet and a central angle of 30 degrees 17 minutes 20 seconds; thence North 63 degrees 31 minutes 45 seconds West, tangent to said curve, 296.83 feet; thence northwesterly 75.82 feet to a point on the west line of said Northeast Quarter and along a tangential curve concave to the south, having a radius of 533.00 feet and a central angle of 08 degrees 09 minutes 01 seconds; thence South 02 degrees 54 minutes 07 seconds East, on said west line, 716.40 feet to a point on the northerly right of way line of the Ellis and Eastern Railroad; thence North 86 degrees 13 minutes 58 seconds East, on said northerly line, 978.19 feet; thence North 03 degrees 46 minutes 02 seconds West on said northerly line, 100.00 feet; thence North 86 degrees 13 minutes 58 seconds East on said northerly line, 350.73 feet to a point on the east line of said West Half of said Section 32; thence North 02 degrees 51 minutes 47 seconds West, on said east line, 1153.23 feet to the northeast corner of said West Half; thence South 87 degrees 24 minutes 46 seconds West, on the north line of said Northeast Quarter, 891.78 feet to the point of beginning.

The area legally described will be rezoned to L1 - Light Industrial.

Parcel 2

That part of the West Half of the Northeast Quarter, Section 32, Township 102 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota described as follows:

Beginning at the North Quarter Corner of said Section 32, thence North 87 degrees 24 minutes 46 seconds East (assumed bearing), on the north line of said Section 32, a distance of 436.28 feet; thence South 03 degrees 31 minutes 45 seconds East, 356.58 feet; thence South 65 degrees 21 minutes 02 seconds East, 202.67 feet; thence South 02 degrees 29 minutes 35 seconds East, 348.58 feet; thence South 86 degrees 10 minutes 55 seconds West, 53.68 feet; thence northwesterly 246.88 feet along a tangential curve concave to the north, having a radius of 467.00 feet and a central angle of 30 degrees 17 minutes 20 seconds; thence North 63 degrees 31 minutes 45 seconds West, tangent to said curve, 296.83 feet; thence northwesterly 75.82 feet to a point on the west line of said Northeast Quarter and along a tangential curve concave to the south, having a radius of 533.00 feet and a central angle of 08 degrees 09 minutes 01 seconds; thence North 02 degrees 54 minutes 07 seconds West, on said west line, 564.18 feet to the point of beginning.

The area legally described will be rezoned to L1 - Light Industrial.

BASIS OF BEARING:

The orientation of this bearing system is based on the north line of the Northeast Quarter, Section 32-102-48. Said line bears North 87 degrees 24 minutes 46 seconds East.

Parcel 3

That part of the East Half of the Northwest Quarter, Section 32, Township 102 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota described as follows:

The area legally described will be rezoned to L1 - Light Industrial.

Parcel 4

That part of the East Half of the Northwest Quarter, Section 32, Township 102 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota described as follows:

Commencing at the West Quarter Corner of said Section 32; thence North 87 degrees 22 minutes 14 seconds East (assumed bearing) on the south line of said Northwest Quarter, 2168.61feet; thence North 02 degrees 37 minutes 46 seconds West, 337.00 feet to the point of beginning; thence South 87 degrees 22 minutes 14 seconds West, 158.03 feet; thence northwesterly 136.64 feet along a tangential curve concave to the north, having a radius of 307.10 feet and a central angle of 25 degrees 29 minutes 34 seconds; thence North 67 degrees 07 minutes 39 seconds West, tangent to said curve, 130.19 feet; thence northwesterly 130.56 feet along a tangential curve concave to the south, having a radius of 293.00 feet and a central angle of 25 degrees 31 minutes 48 seconds; thence South 87 degrees 15 minutes 17 seconds West, tangent to said curve, 318.54 feet to a point on the west line of said East Half; thence North 03 degrees 04 minutes 51 seconds West, on said west line, 820.08 feet to a point on the south right of way line of the Ellis and Eastern Railroad; thence North 86 degrees 13 minutes 58 seconds East, on said south line, 859.18 feet; thence South 02 degrees 37 minutes 46 seconds East, 950.98 feet to the point of beginning.

The area legally described will be rezoned to R-3 Residential - High Density.

Parcel 5

That part of the East Half of the Northwest Quarter, Section 32, Township 102 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota described as follows:

Commencing at the West Quarter Corner of said Section 32; thence North 87 degrees 22 minutes 14 seconds East (assumed bearing) on the south line of said Northwest Quarter, 2168.61feet; thence North 02 degrees 37 minutes 46 seconds West, 67.00 feet to the point of beginning; thence North 02 degrees 37 minutes 46 seconds West, 270.00 feet; thence South 87 degrees 22 minutes 14 seconds West, 158.03 feet; thence northwesterly 136.64 feet along a tangential curve concave to the north, having a radius of 307.10 feet and a central angle of 25 degrees 29 minutes 34 seconds; thence North 67 degrees 07 minutes 39 seconds West, tangent to said curve, 130.19 feet; thence northwesterly 130.56 feet along a tangential curve concave to the south, having a radius of 293.00 feet and a central angle of 25 degrees 31 minutes 48 seconds; thence South 87 degrees 15 minutes 17 seconds West, tangent to said curve, 318.54 feet to a point on the west line of said East Half; thence South 03 degrees 04 minutes 51 seconds East, on said west line, 383.88 feet to a point on the north line of County Auditor’s Lot R-1; thence North 87 degrees 22 minutes 14 seconds East on said north line, 849.52 feet to the point of beginning.

The area legally described will be rezoned to GB - General Business.

BASIS OF BEARING:

The orientation of this bearing system is based on the south line of the Northwest Quarter, Section 32-102-48. Said line bears South 87 degrees 22 minutes 14 seconds West.

NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.

Dated this 27th day of August, 2021

Chairman

Planning & Zoning Commission

Bryan Read

City Administrator

Published: September 1, 2021

Published once at the approximate cost of $81.36

Sept 1, 2021

Minnehaha County

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED IN A JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 4:00 P.M., August 25, 2021, pursuant to adjournment on August 24, 2021. Commissioners present were: Barth, Bender, Beninga, Heiberger, and Karsky. Also present was Rhonda Bennett, Deputy Auditor and Eric Bogue, Chief Civil Deputy State’s Attorney.

City Council Members present: Brekke, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr and Mayor TenHaken.

Chair Karsky called the meeting to order.

MOTION by Bender, seconded by Barth, to approve the agenda. By roll call vote: 5 ayes. The City concurred.

JOINT BUDGET HEARINGS

Scott McMahon, Metro Communications Director, presented the Metro Communications Agency 2022 budget of $5,737,849.00. The County’s portion for 2022 is $646,238 and the City’s portion is $1,938,717. MOTION by Barth, seconded by Bender, to approve the 2022 Metro Communications Agency budget as presented. By roll call vote: 4 ayes, 1 nay by Heiberger. The City concurred.

Jodi Fick, Director of Siouxland Libraries, presented the Siouxland Libraries 2022 budget of $11,049,399. The County’s portion for 2022 is $1,330,000. The City’s portion for 2022 is $9,719,399. MOTION by Beninga, seconded by Bender, to approve the 2022 Siouxland Libraries budget as presented. By roll call vote: 5 ayes. The City concurred.

Bill Hoskins, Museum Director, presented the Siouxland Heritage Museums 2022 budget. The requested Operations Budget is $1,343,752, to be split equally between the City of Sioux Falls and Minnehaha County. The City of Sioux Falls will provide $35,710 for the Pettigrew Home and Museum Maintenance. Minnehaha County will provide $59,200 for the Old Courthouse Museum Maintenance. The Irene Hall Museum Resource Center requested maintenance budget is $42,000 and will be equally funded by both the City of Sioux Falls and Minnehaha County. The proposed budget also includes the Museum Special Enterprise Fund at $205,499 and the Museum Store Fund at $21,500. MOTION by Barth, seconded by Bender, to approve the 2022 Museum Operations, Pettigrew Home and Museum Maintenance, Old Courthouse Museum Maintenance, Irene Hall Museum Resource Center Maintenance, Museum Special Enterprise Fund, and Museum Store Fund budgets as presented. By roll call vote: 5 ayes. The City concurred.

Kevin Hoekman, Planner II, facilitated a public hearing for the issuance of Conditional Use Permit #21-17 for Wings on the Prairie Residential Airpark. He informed the Joint Commission that after FAA opposition the application had been withdrawn. Proponent, Greg Jameson, Sioux Falls, spoke on safety concerns. MOTION by Barth, seconded by Bender, to rescind CUP #21-17. By roll call vote: 5 ayes. The City concurred.

Mayor TenHaken handed the gavel to City Commission Soehl at 5:25 pm.

Kevin Hoekman, Planner II, presented the 2nd reading on an Ordinance MC-42-21. Members of the public that spoke were Tyler Childress, Scott Ehrisman, and Scott Zwak. MOTION by Bender, seconded by Barth, to approve Ordinance MC-42-21. By roll call vote: 5 ayes. The City Concurred.

ORDINANCE MC 30-42-21

AN ORDINANCE AMENDING THE REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY REZONING CERTAIN PROPERTY.

BE IT ORDAINED BY MINNEHAHA COUNTY, SOUTH DAKOTA:

That Ordinance MC30-02, the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls is hereby amended as follows:

East 200 Feet of Lot B Tract 1 Laurel Ridge Addition in the SE ¼ SE ¼ Section 23-102-49 Mapleton Township, Minnehaha County, SD from the A-1 Agriculture District to Subarea A of the Laurel Ridge Planned Development District and the official zoning map referred to in Article 2.03(A) is amended to include the property in the Laurel Ridge Planned Development District.

Adopted this 24th day of August, 2021

MINNEHAHA COUNTY

Dean Karsky

Chair, Board of County Commissioners

ATTEST:

Rhonda Bennett

Deputy County Auditor

PUBLIC COMMENT

Scott Ehrisman, South DaCola, blogger, expressed his concerns with the City of Sioux Falls issuing a large dollar amount in TIFs without consulting other taxing entities. He also stated the need to address the issue with panhandlers in the city.

MOTION by Bender, seconded by Barth, to adjourn. By roll call vote: 5 ayes. The City concurred.

The Commission adjourned until 9:00 a.m. on Tuesday, September 7, 2021.

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Rhonda Bennett

Deputy County Auditor

Published at the approximate cost of $47.89.

Sept 1, 2021

Minnehaha County

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. August 24, 2021, pursuant to adjournment on August 17, 2021. Commissioners present were: Barth, Bender, Beninga, Heiberger, and Karsky. Also present were Rhonda Bennett, Deputy Auditor, and Eric Bogue, Chief Civil Deputy State’s Attorney.

MOTION by Barth, seconded by Heiberger, to approve agenda. 5 ayes.

MOTION by Bender, seconded by Heiberger, to approve the August 17, 2021 commission meeting minutes. 5 ayes.

VOUCHERS TO BE PAID

MOTION by Barth, seconded by Bender, to approve the following bills totaling $586,611.90. 5 ayes.

Advanced Pest Maint Contracts 70.00, Affordable Housing Welfare Rent 3080.00, Agre, Larry Welfare Rent 800.00, Airgas Small Tools & Shop Sup 20.14, Airway Svc Auto/Small Equip 1934.41, Airway Svc Gas Oil & Diesel 147.47, Alcohol Monitoring Electronic Monitoring 1488.00, Argus Leader Publishing Fees 2172.17, Avera Heart Hospital Hospitals 28795.21, Avera Mckennan Hospitals 31489.19, Beck, Jeffrey R Attorney Fees 732.60, Braun, Mason Investigators Exps 256.20, Budget Auto Auto/Small Equip 150.00, Builders Supply Building Repairs & Maint 1827.00, Builders Supply Coliseum 121.50, Burns, Jason Investigators Exps 219.24, Center For Family Med Professional Svcs 761.78, Century Business Lease-Rental Agmt 917.71, Century Business Maint Contracts 438.21, Centurylink Telephone 58.79, Centurylink Telephone 15.72, Chagolla, Albert Interpreters 150.00, CI Technologies JAG Grant 2020 15600.00, City Glass & Glazing COVID Exps 14050.00, City Glass & Glazing Jail Repairs & Maint 6270.00, Computer Forensic Attorney Fees 1450.00, Constellation Natural Gas 8567.99, Country Meadows Welfare Rent 700.00, Dakota County Sheriff Return Of Svc 7.77, Dakota Fluid Power Gas Oil & Diesel 168.22, Dakota Law Attorney Fees 138.60, Dakota Splash Water - Sewer 142.80, Dalsin Fairgrounds 54808.00, Dalsin JDC Maint 460.00, Dedula, Carla F Court Reporters 27.60, Dell Marketing Other Federal Grants 1788.00, Dematteo Law Attorney Fees 267.30, EH Hospitality Motels 65.00, Eich Law Child Defense Attorney 940.50, Empire Toner Data Processing Sup 219.98, Exhaust Pros Auto/Small Equip 267.30, Fastenal Jail Repairs & Maint 46.87, Fm Acoustical Title Building Repairs & Maint 1814.40, Gourley Prop Welfare Rent 700.00, Graham Tire Auto/Small Equip 600.00, Grainger Small Tools & Shop Sup 29.92, Graybar Electric Hwy Shop Repairs & Maint 1128.25, Great Plains Psych Psych Evals 1045.00, Greater Sioux Falls Misc Exp 30.00, Griese Law Attorney Fees 3468.50, Griese Law Child Defense Attorney 649.40, Griesse, Chris Road Maint & Material 7980.58, Gully, Brian R Welfare Rent 800.00, Gunner, Andrea Court Reporters 1003.80, Guzman, Sandra V Interpreters 69.92, Heartland Funeral Burials 2000.00, Heiberger, Cindy Business Travel 20.00, Heidepriem Purtell Attorney Fees 6104.60, Heritage Place Welfare Rent 700.00, High Point Networks Consultants 700.00, Horizon Apts Welfare Rent 500.00, Hurtgen, Timothy T Welfare Rent 500.00, Hyvee Jury Fees 55.19, Hyvee MacArthur SJC Grant 90.96, Institutions Svc Other Sup 15.38, Interstate Office Office Sup 537.31, Jefferson Partners Transportation 1181.00, Johnson Estates Welfare Rent 435.97, Katterhagen, Mark Bd Exp Fees (Yankton) 63.00, Kauffman, David W Psych Evals 2000.00, Kennedy Pier & Loftus Attorney Fees 1197.90, Kennedy, Renee S Court Reporters 473.60, Klein Family Office Sup 256.21, Knecht, Andrew J Attorney Fees 1607.20, Knecht, Andrew J Child Defense Attorney 833.00, Kruse Law Attorney Fees 3862.30, Kull, Lisa Court Reporters 1987.20, Kyra Enterprises Motels 600.00, Lacey Rentals Lease-Rental Agmt 115.00, Lamp Interpreters 37.50, Laughlin Law Attorney Fees 2758.60, Leaf Capital Funding Lease-Rental Agmt 137.02, Lewno Law Bd Exp Fees (Yankton) 756.04, LG Everist Bridge Repair & Maint 285.48, Lisa Carlson Court Reporters 233.40, Lockwood, Darcy Bd Exp Fees (Yankton) 63.00, Loving, Philip Bd Evals (Minnehaha) 1851.70, Lutheran Social Svcs Misc Exp 17850.00, Malloy Electric Plumbing & Welding 1454.99, Mark Gacke Sign Deposits 50.00, Marsh & Mclennan Notary Exp 50.00, Metro Comms Misc Exp 197494.74, Midcontinent Comm Data Comms 350.00, Midwest Wellness Psych Evals 3900.00, Myrl & Roys Paving Bridge Repair & Maint 178.08, Myrl & Roys Paving Road Maint & Material 5660.48, Napa Auto Auto/Small Equip 31.90, Nguyen, Lam Interpreters 50.00, Northeast Investment Welfare Rent 700.00, Olivier Miles Holtz Attorney Fees 1235.30, Olson, Dawn Court Reporters 637.50, OReilly Auto Auto/Small Equip 18.54, OReilly Auto Small Tools & Shop Sup 125.86, P & G Townhomes Welfare Rent 500.00, Phillips, Joshua Business Travel 252.00, Prairie Pasta Alcoholic Beverage License 50.00, Prestox Outside Repair 261.00, R&L Supply Jail Repairs & Maint 900.93, R&L Supply Small Tools & Shop Sup 27.42, Reeves, Megan Court Reporters 55.20, Reliance Telephone Telephone 1.50, Rr Brink Locking Sys Jail Repairs & Maint 440.00, Sadri, Amir Welfare Rent 400.00, Sanford Clinics - Auxiliary Svcs 17.49, Sanford Medical Records 22.87, Schuster, Paul Investigators Exps 29.82, Sd Human Svcs Clinics - Auxiliary Svcs 21.20, Short Elliott Hendr Architects & Engineers 9539.98, Sioux Falls City Lease-Rental Agmt 41901.65, Sioux Falls City Professional Svcs 110.78, Sioux Falls City Water - Sewer 6275.25, Sioux Falls City Welfare Utilities 90.44, Sioux Falls Rubber Notary Exp 23.45, Sioux Falls Rubber Office Sup 41.10, Siouxland Properties Welfare Rent 400.00, Solomon, Ghirmay Z Child Defense Attorney 70.00, Sorum Holdings 2 Welfare Rent 675.00, Springbrook Lloyd Welfare Rent 700.00, State of SD Amts Held-Daily Scram 3044.00, State of SD Amts Held-Remote Breath 1217.00, State of SD Notary Exp 30.00, State of SD Outside Repair 2.10, State of SD Professional Svcs 346.00, State of SD Telephone 33.50, Strange Farrell John Attorney Fees 5420.73, Summit Food Svc Child Care Food 405.16, Summit Food Svc School Lunch Program 625.38, The Lodge At Deadwood Business Travel 3792.00, Transource Truck Parts Inventory 162.41, Tri-State Nursing Professional Svcs 2819.25, Tschetter & Adams Attorney Fees 579.78, Tzadik Welfare Rent 1000.00, United Parcel Svc Postage 28.95, VB Tower Welfare Rent 500.00, Verizon Wireless Investigators Exps 150.00, Vuong Law Attorney Fees 1188.00, Vuong Law Child Defense Attorney 1757.25, Walmart Pharmacies 55.24, Weerheim Law Bd Exp Fees (Minnehaha) 2175.50, Wernke, Laurie Bd Exp Fees (Minnehaha) 151.99, Whittier Apts Welfare Rent 456.00, Woods Fuller Shultz Professional Svcs 956.20, Xcel Energy Electricity 32151.39, Xcel Energy Welfare Utilities 1660.00, Yankton County Return Of Svc 400.00.

REPORTS

The July 2021 Abandoned Cemetery Board Meeting minutes and Auditor’s account with the Treasurer for July 2021 were received and placed on file in the Auditor’s office.

PERSONNEL

MOTION by Bender, seconded by Barth, to approve the following personnel actions. 5 ayes

New Hires

1. Beau Behrend, Building Facilities Maintenance Technician, Facilities Department, $21.92 (14/3) effective 8/23/2021.

2. Brett Koerselman, Mechanic Team Member, Highway Department, $21.92/hour (15/1) effective 8/23/2021.

3. Thaddeus Brakke, Correctional Officer, Jail, $20.35/hour (13/2) effective 9/1/2021.

Step Increases

1. Emma Otterpohl, Senior Deputy Public Defender, Public Defender’s Office, $2,944.80/biweekly (22/4) effective 8/27/2021.

2. Michael Gayo Gatluak, Correctional Officer, Jail, $20.35/hour (13/2) effective 7/25/2021.

3. Joseph Maeschen, Correctional Officer, Jail, $21.38/hour (13/4) effective 7/10/2021.

4. Angela Lutterman, Correctional Officer, Jail, $21.38/hour (13/4) effective 7/17/2021.

5. Joshua Rapp, Correctional Officer, Jail, $21.38/hour (13/4) effective 8/26/2021.

6. Riley Danielsen, Deputy Sheriff, Sheriff’s Office, $24.80/hour (17/2) effective 6/15/2021.

7. Jason Aanenson, Deputy Sheriff, Sheriff’s Office, $31.74/hour (17/12) effective 9/4/2021.

Other

1. Amend the hire date for Matthew Wanamaker, Correctional Officer, Jail, from 8/25/2021 to 8/23/2021.

Special Personnel Action Requests

MOTION by Bender, seconded by Barth, to approve Employee Handbook updates to sections 14.8 and 15.4 effective 8/24/21.

MOTION by Heiberger, seconded by Bender, to approve Policy and Procedure Manual updates to sections I, II, and V effective 8/24/21.

MOTION by Bender, seconded by Barth, to approve the following items for purchasing county logo apparel: update Employee Handbook sections 11.12 and 15.2, add a new “Clothing with County Logo” subsection to the purchasing section of the County Policy and Procedure Manual, and authorize the chair to sign a contract with Mid-State Uniform & Lettering, Inc. for purchase of logo apparel.

MOTION by Barth, seconded by Beninga, to approve a reclassification of the Senior Elections Technician at a pay grade 12 to an Elections Coordinator at a pay grade 14.

OPPORTUNITY FOR PUBLIC COMMENT:

Bob Kolbe, Minnehaha County resident, spoke on possible revenue for the county.

HEARINGS

Kevin Hoekman facilitated a Public Hearing and second reading on Rezone 21-02. MOTION by Barth, seconded by Heiberger, to amended the 1990 Revised Zoning Ordinance for Minnehaha County for Rezoning from A-1 Agricultural District to I-1 Light Industrial District. 5 ayes

ORDINANCE MC16-170-21

AN ORDINANCE AMENDING THE 1990 REVISED ZONING ORDINANCE FOR MINNEHAHA COUNTY BY REZONING CERTAIN PROPERTY.

BE IT ORDAINED BY MINNEHAHA COUNTY, SOUTH DAKOTA:

That Ordinance MC16-90, the 1990 Revised Zoning Ordinance for Minnehaha County is hereby amended as follows:

BJM addition S1/2 of Section 34-102-47 & N1/2 of Section 03-101-47 Lot 4 Red Rock Township, Minnehaha County, SD from the A-1 Agriculture District to I-1 Light Industrial and the official zoning map referred to in Article 2.03 is amended to include the property in the I-1 Light Industrial Zoning District.

Adopted this 24th day of August, 2021 MINNEHAHA COUNTY

Dean Karsky

Chair, Board of County Commissioners

ATTEST:

Rhonda Bennett

Deputy Auditor

Ben Kyte, Auditor, presented a second reading on Ordinance MC-21-59 establishing the requirements, fees, and regulations for the issuance of alcoholic beverage licenses with Minnehaha County. MOTION by Heiberger, seconded by Bender, to adopt Ordinance MC 21-59. Roll call vote: 5 ayes. The entire ordinance is on file and available at the Minnehaha County Auditor’s Office.

Upon the request of Ben Kyte, Auditor, MOTION by Heiberger, seconded by Barth, to approve the following resolution. 5 Ayes.

RESOLUTION MC 21-48

RESOLUTION TO ESTABLISH BOUNDARIES OF

SHATTER’S FOURTH ADDITION ROAD DISTRICT

WHEREAS the Minnehaha County Commission has received the petition for formation of the Shatter’s Forth Addition Road District

IT IS HEREBY RESOLVED AND ORDERED by Minnehaha County Board of Commissioners, that the territory, in the Shatter’s Fourth Addition in the Southwest Quarter (SW ¼) of Section 28, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, according to the recorded plats thereof is hereby established as the boundaries of the Shatter’s Fourth Addition Road District. The preceding is identified in the map attached to the Application for Incorporation of the Fourth Addition Road District and shall, with the assents of the voters, as specified in SDCL 6-16-2, in an election as provided in SDCL 6-16-4 to SDCL 6-16-6 inclusive, be in an incorporated district by the name of Fourth Addition Road District.

Dated this 24th day of August, 2021

APPROVED BY THE COMMISSION:

Dean Karsky,

Chair

ATTEST:

Rhonda Bennett,

Deputy Auditor

BREIFING

Ben Kyte, Auditor, briefing the commission of the election to form Evergreen Acres Road District. The election was held on August 17, 2021 and passed 24 to 5 in favor of the road district.

Upon the request of Ben Kyte, Auditor, MOTION by Heiberger, seconded by Barth, to accept the Minnehaha County Surplus Property Appraisal Board Report, accept the minimum bid amounts as listed on the Notice of Sale of County Property, and authorize the Auditor to publish the Notice of Public Auction of September 25, 2021. 5 ayes.

Upon the request of Kris Swanson, Treasurer, MOTION by Bender, seconded by Barth, to approve the resolution to declare certain mobile home distress warrants for unpaid property taxes as uncollectable. 5 ayes. The list of mobile homes is on file at the Auditor’s Office.

RESOLUTION MC21-49

RESOLUTION TO DECLARE CERTAIN MOBILE HOME DISTRESS WARRANTS FOR UNPAID PROPERTY TAXES AS UNCOLLECTIBLE

WHEREAS, SDCL 10-22-30 provides for the county Boards of Commissioners to discharge all distress warrants deemed by the sheriff to be uncollectible; and

WHEREAS, The Office of the Minnehaha County Treasurer has provided an attached list of 54 mobile homes identified as uncollectible, and

WHEREAS, by declaring the property taxes for these mobile homes as uncollectible, these taxes will be added to an uncollectible list and no distress warrant shall thereafter be issued therefore except on order of the Board of Commissioners or on written demand by the sheriff;

NOW THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners that property taxes on the attached list of mobile homes are declared as uncollectible pursuant to SDCL

10-22-30.

Dated this 24 day of August, 2021.

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

Attest:

Rhonda Bennett

Deputy Auditor

Upon the request of Steve Groen, Highway Superintendent, MOTION Bender, and seconded by Barth, to declare various Highway Department vehicles and equipment as surplus and authorize disposal by auction. The 1994 John Deere Gator was removed from the list. Roll call vote: 5 ayes.

MOTION by Barth, seconded by Heiberger, to declare 2 Equalization Department vehicles as surplus and authorize disposal by auction. Roll call vote: 5 ayes.

Mark Kriens, Facilities Director, reported on the bid opening for the Minnehaha County furniture (package 1 – seating price, package 2 – office furniture, package 3 – Systems furniture/desks, package 4 – furniture in Auditor’s Department, package 5 – furniture in Equalization Department, package 6 – furniture in State’s Attorney & Commission Departments, Estimates Package 1 - State’s Attorney & Commission Departments. The following bids were received: Pigott ($11,89038, $60,740.31, $155,682.93, $5,250.00, $14,375.00, $17,250.00, $161,131.48, total bid $426,320.10); Canfield Business Interiors ($11,816.12, $44,510.85, $83,474.20, $2,000.00, $7,000.00, $22,000.00, $68,109.14, total bid $238,910.31); Interstate Office Products ($13,183.80, $47,366.85, $112,989.90, $2,810.00, $4,558.00, $8,460.00, $96,519.96, total bid $285,888.51). MOTION by Beninga, seconded by Barth, to award the bid to Canfield Business Interiors. 5 ayes.

LIAISON REPORTS

Commissioner Heiberger gave a briefing on the conference she attended in Oklahoma, Building a Crisis Response in Continuum in your Community. She also mentioned the new 988 phone number that has been established to handle mental health issues.

Commissioner Barth reported on attending the joint planning commission meeting and that all three Medical Marijuana Ordinances passed.

Commissioner Beninga reported that the insurance has covered the repairs to the Fairground Expo building roof.

MOTION by Barth, seconded by Beninga, to adjourn until 9:00 a.m. on Tuesday September 8, 2021 5 ayes

Dean Karsky

Chair

ATTEST:

Rhonda Bennett

Deputy Auditor

Published at the approximate cost of $155.04.

Sept 1, 2021

Minnehaha County

_________ Minutes _________

THE MINNEHAHA COUNTY BUILDING COMMITTEE CONVENED AT 8:00 A.M. August 24, 2021, pursuant to adjournment on July 27, 2021. Committee Members present were: Commissioners Barth, Beninga, Heiberger, and Karsky; Facilities Director Kriens; Auditor Kyte and Commission Administrative Officer Muller. Also present was Rhonda Bennett, Deputy Auditor and Eric Bogue, Chief Civil Deputy State’s Attorney.

MOTION by Bender, seconded by Barth, to approve the July 27, 2021 Building Committee Meeting Minutes. 5 ayes.

BUILDING PROJECTS

Travis Hatlestad, Henry Carlson Construction, briefed the committee on the alternatives available to the Minnehaha County Highway Maintenance Facility. Mike Ralston, Henry Carlson Construction, briefed the committee on the bid savings of $916,000.00 that has been realized since the GMP was established. Alternatives that are available and favored by the committee included, use of Kalwall doors at the Maintenance bay, Rytek doors at the Wash and Maintenance/Repair bays, steel framed canopies, and a SE Detention Pond, for a total cost of approximately $522,000.00. The Committee also favored added cooling to the Maintenance bay, and an automatic wash bay for an estimated additional cost of $150,000. Steve Groen, Highway Superintendent, commented that the access control will be coordinated with the County IT department. Ground Breaking for the new Highway building is set for September 16, 2021.

MOTION by Bender, seconded by Barth, to adjourn. 5 ayes.

APPROVED BY THE BUILDING COMMITTEE:

Dean Karsky

Building Committee Chair

ATTEST:

Rhonda Bennett

Deputy Auditor

Published at the approximate cost of $17.50.

Sept 1, 2021

Minnehaha County

_____ ORDINANCE #21-59 _____

AN ORDINANCE ESTABLISHING THE REQUIREMENTS, FEES, AND REGULATIONS

FOR THE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES

WITHIN MINNEHAHA COUNTY

BE IT ORDAINED BY MINNEHAHA COUNTY, SOUTH DAKOTA:

WHEREAS, the Minnehaha County Board of County Commissioners (hereinafter “Board”) believes that alcoholic beverage licenses are a privilege and not a right, and the County reserves the right to refuse the approval, renewal, or transfer of any license in the event an applicant refuses to comply with the requirements of this Ordinance or other applicable local, state, or federal laws; and

WHEREAS, Minnehaha County issues multiple types of alcoholic beverage licenses, as those terms are defined by SDCL 35-1-1, and that it would be to the benefit of the County to specify by Ordinance the requirements, fees, and regulations for certain alcoholic beverage licenses; and

THEREFORE, BE IT ORDAINED BY MINNEHAHA COUNTY, SOUTH DAKOTA, that the

requirements, fees, and regulations for the issuance of certain alcoholic beverage licenses within the County be adopted as follows:

SECTION A. ON-SALE OR OFF-SALE LIQUOR LICENSE.

I. Availability and Notice of New License

1. On or before the adoption of this Ordinance and by May 15th of each year thereafter, the Minnehaha County Auditor shall determine the number of on-sale and off-sale liquor licenses available for the ensuing calendar year and report the same to the Board.

2. The total number of available on-sale and off-sale liquor licenses in Minnehaha County is determined by SDCL 35-4-11.1.

3. No off-sale liquor license will be issued to any establishment located within three (3) miles of the exterior boundary of an incorporated municipality.

4. The number of on-sale and off-sale liquor licenses available shall, pursuant to SDCL 35-4-11.1, be determined by the population residing within Minnehaha County but outside the incorporated municipalities and improvement districts within the Minnehaha County.

5. If an additional on-sale or off-sale liquor license becomes available in Minnehaha County, a notice will be published in the legal newspapers of the County for at least two (2) consecutive weeks, stating that the Board will be accepting applications for the new license, and setting a deadline for applications to be submitted.

6. After the deadline has passed, all applications submitted to the Auditor’s Office shall be submitted to the Board for consideration.

II. Application Process

1. The application for an on-sale or off-sale liquor license, or the transfer of an existing license, intending to operate outside the corporate limits of a municipality within Minnehaha County, shall be submitted to the Board for approval pursuant to SDCL 35-2-1.2.

2. The application shall be accompanied by the required fee.

3. Applicants shall provide appropriate proof, as required by the Board, that the premises to which the license is being issued or transferred has or shall have (within the time period stated below) a sufficient structure in which to conduct the operation of an on-sale or off-sale liquor business.

4. Such proof may include, but is not necessarily limited to, pictures (inside and outside) of any existing structures, and plans and specifications of proposed structures along with proof of ownership or a valid lease of the premises.

5. Under no circumstance will an alcoholic beverage license of any kind be approved or transferred to any premises upon which a zoning ordinance violation has been identified until such time as the premises is brought into full compliance with all applicable zoning ordinance provisions.

6. An on-sale or off-sale liquor license shall not be issued or transferred to any premises or parcel of land where there is not an approved structure located.

6.1 Conditional approval may be given to an applicant and the license will be held by the County for up to one year to allow for the construction of an approved structure. The license may then be issued to the applicant upon the completion of such structure.

6.2 Conditional approval may be given to an applicant and the license will be held by the County for up to four months if the applicant needs additional time to rezone the premises for compliance with county zoning requirements.

6.3 If the license has not been issued within one year due to the applicant failing to comply with this Ordinance, the county may, upon request of the applicant, extend the conditional approval for up to six (6) additional months if it finds that the delay is not the fault of the applicant.

6.4 Under no circumstance shall a license be held on conditional approval in excess of eighteen (18) months.

6.5 All application or renewal fees paid by an applicant receiving conditional approval under §6.1 or §6.2 of this Section are nonrefundable if such applicant subsequently fails to comply with this Ordinance as set forth in §6.3 or §6.4 of this Section.

7. An application for the transfer of an existing license to a new location or to another person shall comply with the requirements of SDCL 35-2-7.

III. Approval Process

1. The Board shall fix the time and place for a public hearing upon all such applications that come before the Board.

2. The Auditor shall publish notice once in the legal newspapers of the County after a hearing date has been set. The notice shall be headed “Notice of Hearing Upon Applications for Sale of Alcoholic Beverages.” The notice shall state the time and place when and where such applications will be considered by the Board, and shall state that any person interested in the approval or rejection of any such application may appear and be heard. The notice shall be published at least one (1) week before the hearing, pursuant to SDCL 35-2-5.

3. At the stated time and place, the Board shall consider each application and any objection to the application before making its final decision on the application.

4. The Board may approve or disapprove the application for an on-sale or off-sale license, or the transfer of an existing license, depending on whether the Board deems the applicant a suitable person to hold the license, whether the Board considers the proposed location suitable pursuant to SDCL 35-2-1.2, and whether the application meets all other statutory requirements.

5. License application fees will not be refunded once the license is approved by the Board and issued by the State.

6. If the Board does not approve an application, it shall endorse on the application the reasons for the denial and return the application and fee to the applicant. No further application may be received from the applicant until after the expiration of one (1) year from the date of a denied application. However, if the application was denied based on the suitability of the location for the license, no further application may be received from the applicant until after the expiration of three (3) months from the date of the denied application only if the application is for a different location, pursuant to SDCL 35-2-5.1.

IV. Renewal Process

1. Applicants for the renewal of an on-sale or off-sale liquor license shall follow the same application process as set forth above.

2. An application for the reissuance of an on-sale or off-sale liquor license may be approved by the Board without a hearing unless in the past year the licensee or one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended, pursuant to SDCL 35-2-1.2.

3. The Board may not reissue any on-sale or off-sale liquor license issued pursuant to subdivision 35-4-2(4), (6), or (13) to the same licensee or the licensee’s transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application, pursuant to SDCL 35-2-5.3.

4. The term, actively used, as defined in SDCL 35-2-5.3, means that the licensed premise was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years. However, the licensed premise is only required to be open five days per year if it is open to the public during a special event that has at least twenty-five thousand visitors.

5. No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including applicable sales and use taxes, unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member’s tribe until the Indian tribe or enrolled tribal member remits to the Department of Revenue all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.

SECTION B. OTHER ALCOHOLIC BEVERAGE LICENSES AND PERMITS.

I. Special Event Licenses

1. A temporary special malt beverage retailers license may be issued in conjunction with a special event within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-111 or 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant.

2. A temporary special on-sale wine retailers license may be issued in conjunction with a special event within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-111 or 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant.

3. A temporary special on-sale license may be issued in conjunction with a special event within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-111 or 35-4-2(4) or (6) in addition to any other licenses held by the special events license applicant.

4. A temporary special off-sale package wine dealers license may be issued in conjunction with a special event within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee.

5. A temporary special off-sale package wine dealers license may be issued in conjunction with a special event, conducted pursuant to SDCL 35-4-124.1, within the County to any civic, charitable, educational, fraternal, or veterans organization.

6. A temporary special off-sale package malt beverage dealers license may be issued in conjunction with a special event, conducted pursuant to SDCL 35-4-124.1, within the County to any civic, charitable, educational, fraternal, or veterans organization.

7. A temporary special off-sale package dealers license may be issued in conjunction with a special event, conducted pursuant to SDCL 35-4-124. l, within the County to any civic, charitable, educational, fraternal, or veterans organization.

8. Any license issued pursuant to this Section may be issued for no longer than fifteen (15) consecutive days.

9. The maximum number of licenses that may be issued pursuant to this Section to any person, organization, or entity within any calendar year is fifteen (15).

10. If the special event is cancelled, the issued license is void. The licensee shall provide written verification of cancellation to the County Auditor’s Office, from the event host, in order to ensure the cancelled event does not count against the maximum number of licenses that may be issued within that calendar year.

11. Any license issued pursuant to this Section shall be issued only to the specific person, organization, or entity and for the specific location specified on the application.

12. Any application brought pursuant to this Section shall be accompanied by the applicable license fee and publishing fee at the time of submission to the County Auditor’s Office. The fees for licenses issued pursuant to this Section shall be placed in the County’s general fund.

13. Temporary licenses issued pursuant to this Section may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event.

14. Any license issued pursuant to this Section may be rescinded by official Commission action should the licensee, or any employees or agents acting on behalf of the licensee, violate any County ordinance or State law related to the sale or furnishing of alcoholic beverages found within Title 35.

II. Consume-Blend Permit

1. The consumption of alcoholic beverages upon property owned by Minnehaha County shall be prohibited unless authorized by this Ordinance.

2. A permit to allow the consumption, but not the sale, of any alcoholic beverages on property owned by the County or by a nonprofit corporation within the County (Consume-Blend Permit) may be issued by the Board through a majority vote at a regularly scheduled Commission Meeting;

3. Any person interested in a Consume-Blend Permit must submit an application to the Minnehaha County Auditor’s Office as the facilitator of alcohol beverage licenses for the County;

4. Any license issued pursuant to this resolution shall be issued for no longer than twenty-four (24) hours. Additionally, the hours authorized for consumption may not exceed those permitted for on-sale licenses.

5. Any permit issued pursuant to this Section shall be issued only to the specific person and for the specific location contained within the application.

6. Any permit issued pursuant to this Section is limited to property owned by the public or by a nonprofit corporation.

SECTION C. PROVISIONS PERTAINING TO ALL LICENSES.

All alcoholic beverage licenses issued by Minnehaha County shall be subject to the following provisions:

I. Time for Selling or Serving

1. No on-sale or off-sale licensee, licensed under SDCL 35-4-2, may sell, serve or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two a.m. and seven a.m. or at any time on Christmas Day, pursuant to SDCL 35-4-2.1, except for holders of on/off sale malt beverage licenses and on/off sale wine licenses which shall be permitted to sell, serve and allow consumption on the premises covered by the license on Christmas Day.

2. The sale, service, and consumption of alcoholic beverages shall be permitted on Sundays and Memorial Day, except between the hours of two a.m. and seven a.m., pursuant to SDCL 35-4-81.

3. A violation of this section is a Class 2 misdemeanor, punishable by up to thirty (30) days imprisonment in the county jail or a five hundred dollar ($500.00) fine, or both.

II. Indecent Exposure or Simulation Thereof Prohibited.

1. It is unlawful for any person on a premises licensed for the sale of alcoholic beverages, while in the presence of any other person, to:

a. Fail to conceal, with a fully opaque covering, the sexual parts of the person’s body, to include the genitals, pubic area and anus of any person, or the nipple and areola of the female breast; and

b. Expose any device, costume or covering which gives the appearance of, or simulates, the genitals or pubic area of the male or female body, or the nipple or areola of the breast.

2. A violation of this section is a Class 2 misdemeanor, punishable by up to thirty (30) days imprisonment in the county jail or a five hundred dollar ($500.00) fine, or both.

3. In addition, upon proof of violation of this section, any license approved or recommended to be approved by Minnehaha County may be revoked or suspended pursuant to SDCL 35-2-10.

SECTION D. MISCELLANEOUS.

This Ordinance shall replace any and all prior ordinances or resolutions adopted by the Minnehaha County Board of County Commissioners regarding the regulations, requirements, or distribution of alcoholic beverage licenses and licensees within the County.

Any provision regarding the requirements, fees, regulation, or distribution of alcoholic beverage licenses not addressed within this Ordinance shall be set by separate Resolution or pursuant to South Dakota Codified Law.

Adopted this 24th day of August, 2021

MINNEHAHA COUNTY:

Dean Karsky, Chair

Minnehaha County Commission

ATTEST:

Rhonda Bennett

Deputy Auditor

Published at the approximate cost of $158.11.

Sept 1, 2021

Minnehaha County

____ Fact of Adoption ____

An ordinance amending Ordinance MC30-02, the Revised Zoning Ordinance for Minnehaha County and the City of Sioux Falls.

The Minnehaha County Board of Commissioners and Sioux Falls City Council jointly adopted Ordinance 30-42-21 on August 24, 2021. This ordinance amended Ordinance MC30-02, the Revised Zoning Ordinance for Minnehaha County and the City of Sioux Falls by rezoning the property legally described as: East 200 Feet of Lot B Tract 1 Laurel Ridge Addition in the SE ¼ SE ¼ Section 23-102-49 Mapleton Township, Minnehaha County, SD from the A-1 Agriculture District to Subarea A of the Laurel Ridge Planned Development District and amending the official zoning map referred to in Article 2.03(A) to include the property within the Laurel Ridge Planned Development District.

The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.

Ben Kyte, County Auditor

Published twice at the total approximate cost of $19.64.

Sept 1 & 8, 2021

Minnehaha County

____ Fact of Adoption ____

An ordinance amending Ordinance MC16-170-21, the 1990 Revised Zoning Ordinance for Minnehaha County.

The Minnehaha County Board of Commissioners adopted Ordinance 16-XXX-21 on August 24, 2021. This ordinance amended Ordinance MC16-90, the 1990 Revised Zoning Ordinance for Minnehaha County by rezoning the property legally described as: BJM addition S1/2 of Section 34-102-47 & N1/2 of Section 03-101-47 Lot 4 Red Rock Township, Minnehaha County, SD from the A-1 Agriculture District to I-1 Light Industrial and amending the official zoning map referred to in Article 2.03 to include the property within the Laurel Ridge Planned Development District.

The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.

Ben Kyte, County Auditor

Published twice at the total approximate cost of $17.80.

Sept 1 & 8, 2021

EAST DAKOTA WATER DEVELOPMENT DISTRICT ___________ Notice __________

NOTICE OF PUBLIC HEARING TO ADOPT FY 2022 BUDGET

The Board of Directors of the East Dakota Water Development District (District) will hold a public hearing on Thursday, September 16, 2021, at 10:00 a.m. CDT to consider the proposed Water Development District budget for Fiscal Year 2022, beginning January 1, 2022. The hearing will be held at the District office, 132B Airport Avenue, Brookings.

PRELIMINARY FY 2022 BUDGET

100, Tax Revenue, $849,000;

200, Grant Revenue, $475,000;

300, Capitol Reserves, $422,068;

400, Miscellaneous Revenue, $80,000;

TOTAL FY 2022 MEANS OF FINANCE, $1,826,068;

APPROPRIATIONS GENERAL FUND

01, Board of Directors, $41,677;

02, Administration, $177,270;

03, Technical Assistance, $366,521;

04, Operational Expenses, $156,100;

05, Professional Services, $49,000;

06, Capitol Outlay, $ 68,500;

07, Grant Expenditures, $475,000;

08, Project Assistance, $320,000;

09, Contingency, $175,000;

TOTAL FY 2022 APPROPRIATIONS, $1,826,068;

The purpose of holding this hearing is to provide the public an opportunity to contribute to, and comment on, the Water Development District’s proposed operating budget for Fiscal Year 2022.

The East Dakota Water Development District promotes the conservation, development, and proper management of district water resources according to district priorities; supports water quality and supply projects through technical, organizational and financial assistance to prospective and existing project sponsors; and through other appropriate actions supports the purposes of South Dakota Codified Law chapters 34A-2, 34A-3A, 34A-6, 34A-9, chapters 46A-3A to 46A-3E, inclusive, and chapters 46A-1 and 46A

Persons interested in presenting data, opinions and arguments for and against the proposed budget may appear, either in person or by representative, at the hearing and be heard and given an opportunity for a full and complete discussion of all items in the budget.

Published at the total approximate cost of $21.18.

Sept 1, 2021