Legals: September 29, 2021
City of Brandon
______ ORDINANCE #636 ______
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-5-2, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMTTED USES; CHAPTER 15-5-3, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-5-11, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-6-2, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, PERMITTED USES; CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; AND CHAPTER 15-22-2, DEFINTIONS, DEFINITIONS.
BE IT ORDAINED BY THE CITY OF BRANDON, SD:
Section 1. That Chapter 15-5-2 of the Brandon Zoning Ordinance is hereby amended to include the following:
Single-Family Attached Dwelling (Up to 4); Individually Platted Lots Surrounded by Commonly Owned Space The footprint of an attached garage shall not exceed the footprint of the principal dwelling unit.
All relevant standards within Chapter 15-14 shall apply.
Section 2. That Chapter 15-5-3 of the Brandon Zoning Ordinance is hereby amended to include the following:
Single-Family Attached Dwelling (Up to 8 Dwelling Units); Individually Platted Lots Surrounded by Commonly Owned Space The footprint of an attached garage shall not exceed the footprint of the principal dwelling unit.
All relevant standards within Chapter 15-14 shall apply.
Section 3. That Chapter 15-5-11 of the Brandon Zoning Ordinance is hereby amended to read as follows:
15-5-11 LOT AND YARD REGULATIONS
The minimum lot area, minimum lot width, setback requirements, and maximum building height within the R-2 District shall be as follows:
Minimum Lot Area Minimum
Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback Maximum
Building Height
Multi-family Dwelling 3,000 sq. ft. per unit 75 feet see #2 25 feet see #3 & #4 10 feet see #1
& #5 25 feet
see #7 45 feet
Single Family Detached 6,000 sq. ft. 50 feet
see #2 25 feet see #3 & #4 7 feet see #5 25 feet see #7 35 feet
Single Family Attached 3,000 sq. ft. per unit 25 feet 25 feet see #3 & #4 0’ or 10’ on nonparty wall side see #5 25 feet see #7 35 feet
Single Family Attached; Individually Platted Lots Surrounded by Commonly Owned Space 3,000 sq. ft. per unit (Platted Dwellings +Common Space) 25 feet * 25 feet *
see #3, & #4
-
#6 applies to individ. platted lots 0’ or 10’ on nonparty wall side * see #5
-
#6 applies to individ. platted lots 25 feet *
see #7
-
#6 applies to individ. platted lots 35 feet
Neighborhood Utility Facility 3,000 sq. ft. 50 feet 25 feet see #3 & #4 15 feet 25 feet 35 feet
All other uses 7,500 sq. ft. 50 feet 25 feet see #3 & #4 15 feet 25 feet 35 feet
* These requirements apply to the commonly owned space surrounding the individually platted lots. For setbacks related to the individually platted units located thereon, see Exception #6 below.
All measurements shall be taken from the lot line to the building line (see definitions).
Exceptions
#1. The side yard shall be required to be increased to twenty (20) feet when the building exceeds thirty-five (35) feet in height.
#2 A residence may be constructed on a lot of record that has a lot width of less than fifty (50) feet.
#3. There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
#4. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
#5. A side yard of fifteen (15) feet shall be required where a lot is adjacent to or abuts a R-1 district.
#6. Zero lot line option: Single-Family Attached Dwellings held in common ownership and located on a single lot shall observe the standard side setback rules prescribed above. However, the lot may be subdivided into separate lots upon which individual single-family attached dwellings are located if the lots to be created through the subdivision process are individually platted. In such event, the setbacks for the individually platted lots shall be as follows:
1. Front Yard Setback: Zero (0) feet.
2. Rear Yard Setback: Zero (0) feet.
3. Side Yard Setback: Zero (0) feet.
Single-Family Attached Dwellings composed of two (2) or more individually platted lots already utilizing the zero lot line option described above shall not be considered Non-Conforming pursuant to Chapter 15-16.
This exception only applies if the individually platted lots are surrounded by a space commonly owned by the owners of the individually platted lots. The commonly owned space surrounding the individually platted lots shall meet all applicable requirements found in the Lot and Yard Regulations table above.
#7. See also Adjustment to Yard Regulations (Chapter 15-14) and Non-Conforming Uses and Non-Standard Lots (Chapter 15-15) for other specific exceptions.
Section 4. That Chapter 15-6-2 of the Brandon Zoning Ordinance is hereby amended to include the following:
Single-Family Attached Dwelling (5 to 36 Dwelling Units) The footprint of an attached garage shall not exceed the footprint of the principal dwelling unit.
All relevant standards within Chapter 15-14 shall apply.
Single-Family Attached Dwelling (5 to 36 Dwelling Units); Individually Platted Lots Surrounded by Commonly Owned Space The footprint of an attached garage shall not exceed the footprint of the principal dwelling unit.
All relevant standards within Chapter 15-14 shall apply.
Section 5. That Chapter 15-6-11 of the Brandon Zoning Ordinance is hereby amended to read as follows:
15-6-11 LOT AND YARD REGULATIONS
The minimum lot area, minimum lot width, setback requirements, and maximum building height within the R-3 District shall be as follows:
Minimum Lot Area Minimum Lot Width Front Yard
Setback Side Yard
Setback Rear Yard
Setback Maximum
Building Height
Multi-family Dwelling (more than 8 dwelling units) 3,000 sq. ft. per unit 75 feet
see #2 25 feet see #3 & #4 10 feet see #1, #5 25 feet see #7 55 feet
Single Family Detached 6,000 sq. ft. 50 feet see #2 25 feet see #3 & #4 7 feet see #5
25 feet see #7
35 feet
Single Family Attached 3,000 sq. ft. 25 feet 25 feet see #3 & #4 0’ or 10’ on nonparty wall side see #5 25 feet see #7
35 feet
Single Family Attached; Individually Platted Lots Surrounded by Commonly Owned Space 3,000 sq. ft. per unit (Platted Dwellings +Common Space) 25 feet * 25 feet *
see #3, & #4
-
#6 applies to individ. platted lots 0’ or 10’ on nonparty wall side * see #5
-
#6 applies to individ. platted lots 25 feet *
see #7
-
#6 applies to individ. platted lots 35 feet
Neighborhood Utility Facility 3,000 sq. ft. 50 feet 25 feet see #3 & #4 15 feet 25 feet 35 feet
All other uses 7,500 sq. ft. 50 feet 25 feet see #3 & #4 15 feet 25 feet 35 feet
All measurements shall be taken from the lot line to the building line (see definitions).
Exceptions
#1. The side yard shall be required to be increased to twenty (20) feet when the building exceeds thirty-five (35) feet in height.
#2. A residence may be constructed on a lot of record that has a lot width of less than fifty (50) feet.
#3. There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
#4. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
#5. A side yard of fifteen (15) feet shall be required where a lot is adjacent to or abuts a R-1 or R-2 district.
#6. Zero lot line option: Single-Family Attached Dwellings held in common ownership and located on a single lot shall observe the standard side setback rules prescribed above. However, the lot may be subdivided into separate lots upon which individual single-family attached dwellings are located if the lots to be created through the subdivision process are individually platted. In such event, the setbacks for the individually platted lots shall be as follows:
4. Front Yard Setback: Zero (0) feet.
5. Rear Yard Setback: Zero (0) feet.
6. Side Yard Setback: Zero (0) feet.
Single-Family Attached Dwellings composed of two (2) or more individually platted lots already utilizing the zero lot line option described above shall not be considered Non-Conforming pursuant to Chapter 15-16.
This exception only applies if the individually platted lots are surrounded by a space commonly owned by the owners of the individually platted lots. The commonly owned space surrounding the individually platted lots shall meet all applicable requirements found in the Lot and Yard Regulations table above.
#7. See also Adjustment to Yard Regulations (Chapter 15-14) and Non-Conforming Uses and Non-Standard Lots (Chapter 15-15) for other specific exceptions.
Section 6. That certain definitions in Chapter 15-22-2 of the Brandon Zoning Ordinance are hereby amended to read as follows:
DWELLING, MULTIPLE-FAMILY – A building, or portion thereof, containing three (3) or more dwelling units served by common corridors and entrance. Each dwelling unit shall be designed for and used by one (1) family. Examples of Multiple-Family Dwellings include apartment complexes and condominiums.
DWELLING, SINGLE FAMILY ATTACHED – A building, or portion thereof, containing two (2) or more dwelling units joined by common walls. Examples of Single-Family Attached Dwellings include Duplexes, Twin Homes, and Townhouses.
DWELLING, TOWNHOUSE – One (1) of a group of row of three (3) or more single-family attached dwellings designed and built as a single building. Each individual townhouse may be owned collectively or separately. For the purpose of side yard regulations, the building shall be treated as if it occupies a single lot.
DWELLING, TWIN HOME – A single-family attached dwelling consisting of two (2) dwelling units joined by common walls. Each dwelling unit is platted onto its own lot.
DWELLING, TWO FAMILY (DUPLEX) – A single-family attached dwelling consisting of two (2) dwelling units joined by common walls. Both dwelling units are located on the same lot.
Adopted this 20th day of September, 2021.
Jim Heinitz
Mayor
ATTEST:
Christina Smith
Finance Officer
Seal
First Reading: September 7, 2021
Second Reading & Adoption: September 20, 2021
Published: September 29, 2021
Effective Date: October 20, 2021
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City of Brandon
______ ORDINANCE #639 ______
AN ORDINANCE PROVIDING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022, AND LEVYING THE PROPERTY TAX FOR THE YEAR 2021.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRANDON, SOUTH DAKOTA.
Section 1. That the following sums of money are hereby appropriated to meet the obligations of the City of Brandon for the fiscal year ending December 31, 2022. The finance officer is directed to certify the following dollar amount of tax levies made in this ordinance to the Minnehaha County Auditor.
GENERAL GOVERNMENT General Fund Third Cent Sales Tax Fund Special Revenue Funds Street Maint Fund Storm Sewer Fund Capital Project Funds
411 Legislative $216,170.00
412 Executive $254,801.00
413 Elections $3,000.00
414 Financial Administration $487,195.00
419 Other $459,075.00 $40,000.00
427 Dues and Subscriptions $205,762.00
TOTAL GENERAL GOV’T $1,420,241.00
PUBLIC SAFETY
421 Police $1,940,100.00
422 Fire $315,618.00
423 Inspection $218,480.00
429 Traffic $142,500.00
TOTAL PUBLIC SAFETY $2,616,698.00
PUBLIC WORKS
431 Streets $1,899,309.00 $1,322,250.00 $375,000.00 $6,018,570.00
432 Weed Control $5,000.00
439 Transit $198,124.00
TOTAL PUBLIC WORKS $2,102,433.00
HEALTH
441.2 Animal Control $4,500.00
441.3 West Nile $5,400.00
TOTAL HEALTH $9,900.00
PARK & RECREATION
451 Recreation $272,057.00
452 Parks $1,024,471.00
455 Libraries $5,000.00
TOTAL PARK & RECREATION $1,301,528.00
CONSERVATION & DEVELOPMENT
465 Development $124,060.00 500.00
TOTAL C&D $124,060.00
DEBT SERVICE
470 Debt Service $1,801,071.00 $107,755.00
510 Operating Transfer Out $830,000.00 260,000.00
TOTAL DEBT SERVICE $2,631,071.00
TOTAL 2022 APPROPRIATIONS $10,205,931.00 $245,762.00 $368,255.00 $1,322,250.00 $375,000.00 $6,018,570.00
Section 2. The following designates the fund or funds that money derived from the following sources is applied to.
General Fund Third Cent Sales Tax Fund Special Revenue Funds Street Maint Fund Storm Sewer Fund Capital Project Funds
Unassigned Fund Balance $ 1,730,000.00 $ 25,762.00 $304,000.00
Property Taxes $3,242,683.00 $74,000.00
Sales and Other Taxes $3,741,000.00 $220,000.00 $50,000.00 $815,000.00
License & Permits $99,000.00
Intergovernmental Revenue $510,844.00 $364,000.00 $ 202,250.00
Charges for Goods & Services $258,109.00
Fines & Forfeitures $3,200.00
Miscellaneous $21,288.00 $100.00 $ 1,000.00
Operating Transfer In $600,555.00 $340,000.00
Other Sources $76,181.00 $400,000.00 $5,678,570.00
TOTAL MEANS OF FINANCE $10,206,679.00 $245,762.00 $564,281.00 $1,322,250.00 $ 400,000.00 $6,018,570.00
Section 3. The following designates the revenue and expenditures of the proprietary funds with the City of Brandon.
ENTERPRISE FUNDS
Water Sewer Street Light Golf
Fund Fund Fund Course
Unobligated Cash $0.00 $0.00 $0.00 $0.00
Beginning Unrestricted Cash $1,500,000.00 $1,600,000.00 $40,000.00 $0.00
Estimated Revenue $18,256,200.00 $7,173,500.00 $285,000.00 $2,777,505.00
TOTAL AVAILABLE $19,756,200.00 $8,773,500.00 $325,000.00 $2,777,505.00
Less Appropriations (Expenses) $18,172.982.00 $7,172,953.00 $278,000.00 $2,694,745.00
ESTIMATED SURPLUS/RESERVE $1,583,218.00 $1,600,547.00 $47,000.00 $82,760.00
Adopted this 20th day of September, 2021.
__________________________
Jim Heinitz
ATTEST Mayor
__________________________
Christina Smith
Municipal Finance Officer
(SEAL)
First Reading: September 7, 2021
Second Reading: September 20, 2021
Published: September 29, 2021
Effective Date: October 20, 2021
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City of Brandon
_________ Minutes _________
The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, September 16, 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; Police Chief, Jamie Steffel; Park Superintendent, Devin Coughlin and Golf Course Manager, Andrew Bauer. Absent: Vickie David.
The Council discussed items on the agenda for the upcoming September 20, 2021 regular Council meeting. No formal action was taken.
At 6:12 p.m., hearing no further business, the meeting adjourned.
Christina Smith
Municipal Finance Officer
Jim Heinitz
Mayor
Published at the approximate cost of $8.60
Sept. 29, 2021
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City of Brandon
_________ Minutes _________
The Brandon City Council met in regular session at 6:00 p.m. on September 20, 2021 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota. Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, Jack Parliament and Mayor Jim Heinitz. David Kull joined meeting via tele conference. Others present were: City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; City Engineer, Tami Jansma; Police Chief, Jamie Steffel; Park Superintendent, Devin Coughlin and Public Works Director, Rollie Hoeke.
Alderwoman Clark moved Alderwoman David seconded to approve the agenda. Motion carried.
Alderwoman Fish moved Alderwoman Clark seconded to approve the minutes of the September 2, 2021 briefing meeting; the minutes of the September 7, 2021 regular meeting and the minutes of the September 9, 2021 special meeting. Motion carried.
Alderman Jorgenson moved Alderwoman Fish seconded to approve the following claims. Motion carried.
VENDOR, DESCRIPTION, AMOUNT;
A-1 Septic, Professional Services, 300.00; AE2S, Professional Services, 85,516.81; AFLAC, September Contribution, 1,176.23; Alliance Communications, Utilities, 2,598.30; Alternative HR Development, Professional Services, 3,315.00; AM & S Trucks, Repairs, 253.10; American Engineering Testing, Inc., Professional Services, 250.00; ASCO, Rushmore Project, 845,526.92; Beal, GC Re-sale, 1,273.30; Bill Wagner Welding, Inc., Repairs, 820.00; Bioverse, Supplies, 1,681.90; Blaine’s Service, Repairs, 81.70; Border States Electric, Supplies, 602.97; Borns Group, Utility Bill, 732.43; Boyce Law Firm, Professional Services, 8,092.00; Brandon Ace Hardware, Supplies, 3,040.56; Brandon Lumber, Repairs, 26.00; BV Chamber of Commerce, Registration, 10.00; BV Media Group, Publications, 818.55; C&R Supply, Inc., Supplies, 18.19; Century Business Products, Copier Count, 199.10; Cintas, Mat Service, 877.12; Clark Engineering, Professional Services, 5,673.56; Coca-Cola/Chesterman Co., Rental, 50.00; Crescent Electric Supply, Repairs, 249.55; Culligan Water Conditioning, Utilities, 182.80; D&K Construction LLC, Repairs, 21,470.40; Dakota Beverage, GC Re-sale, 473.50; Dakota Fluid Power, Repairs, 49.96; Dakota Supply Group, Repairs, 450.78; Direct Automation, Professional Services, 120.00; Direct Technologies, Software, 841.12; EnviroMaster, Supplies, 129.00; Fred the Fixer, Inc., Repairs, 853.00; G & H Distributing, Improvements, 222.45; Geotek Engineering & Testing Services, Professional Services, 4,000.50; Getty Abstract & Title Company, Inc., Professional Services, 314.32; Gillespie Outdoor Power Equipment, Supplies, 105.39; Hach Company, Supplies, 584.28; Hawkins Water Treatment, Chemicals, 1,943.00; HDR Engineering, Inc., Professional Services, 4,820.10; Hydro-Klean, Repairs, 9,791.42; Innovative Office Solutions, LLC, Equipment, 953.19; Interstate Office Products, Supplies, 164.95; Jack’s Uniforms & Equipment, Supplies, 101.84; Jaycox Implement, Inc., Supplies, 81.99; Jensen Electric, Inc., Repairs, 148.49; Johnson Brothers, GC Re-sale, 239.25; Kut & Kill, Inc., Supplies, 500.00; Lacey Rentals, Rental, 230.00; Landon McCluskey, Reimbursement, 163.91; Lawson Products, Inc., Supplies, 121.54; Lee Schelling, Improvements, 19,965.82; Marv’s Sanitary Service, Utilities, 612.50; McGreevy Clinic – Avera, Professional Services, 193.64; MED-Star Paramedic Ambulance, Inc., September Contribution, 4,166.67; Menards, Supplies, 118.11; Metro Communications, Service Fee, 20,625.00; MidAmerican Energy, Utilities, 828.78; Midwest Turf & Irrigation, Supplies, 1,305.80; Minnehaha Community Water Corp., Utilities, 100.00; Minnehaha County Register of Deeds, Dues, 30.00; Myrl & Roy’s Paving, Inc., Repairs, 1,324.92; Northwest Tire, Inc., Supplies, 671.60; Palisades Oil Co., Fuel, 2,553.13; Performance Press, Supplies, 587.42; Pfeifer’s Implement Company, Inc., Supplies, 60.81; Pitney Bowes, Postage Meter Refill, 714.00; Pizza Ranch, GC Re-sale, 276.00; R & L Supply, Ltd, Repairs, 430.02; Reel Sharp, Repairs, 115.00; Republic National Distributing, GC Re-sale, 718.60; Sam’s Club, GC Re-sale, 683.76; Sanitation Products, Inc., Supplies, 39.62; SD Dept. of Revenue, Fees, 13,895.79; SD Municipal League, Registration Fees, 200.00 SD Public Assurance Alliance, Fees, 676.76; Seal Pros, Inc., Improvements, 99,958.34; Sioux Falls Ford, Repairs, 68.84; Sioux Falls Networks, Software, 355.00; Sirchie Finger Print Labs, Supplies, 219.05; SiteWorks Inc, Park Improvements, 227,794.11; Soo Alinement, Inc., Repairs, 202.00; Staples Enterprises, Inc., Fuel, 45.68; Stockwell Engineers, Professional Services, 17,993.54; Sturdevant’s Auto, Supplies, 832.12; Summit Companies, Rental, 54.00; Sunshine, Supplies, 544.09; Sure Test, Professional Services, 254.40; Sysco Lincoln, GC Re-sale, 2,597.70; Titleist, GC Re-sale, 5,011.77; Tony’s Catering, GC Re-sale, 6,136.50; Toro NSN, GC Service Agreement, 155.00; Ultra Chem, Inc., Supplies, 278.78; US Postmaster, Utility Bills, 1,597.11; Verizon, Utilities, 537.94; VFW Post 4726, Sr Citizens, 1,500.00; Water Environment Federation, Membership Dues, 155.00; Xcel Energy, Utilities, 3,038.22; Zimco Supply Co., Supplies, 1,314.40; City Administration, September 2, 2021 Payroll, 3,485.68; Finance Office, September 2, 2021 Payroll, 4,432.82; Government Buildings, September 2, 2021 Payroll, 124.67; Engineer, September 2, 2021 Payroll, 3,122.67; Police, September 2, 2021 Payroll, 24,455.52; Building Inspections, September 2, 2021 Payroll, 3,401.87; Street Department, September 2, 2021 Payroll, 6,858.16; Swimming Pool, September 2, 2021 Payroll, 3,541.65; Park Department, September 2, 2021 Payroll, 4,579.43; Economic Development, September 2, 2021 Payroll, 1,280.26; Water Department, September 2, 2021 Payroll, 8,296.41; Sewer Department, September 2, 2021 Payroll, 3,211.03; Golf Course Grounds, September 2, 2021 Payroll, 8,682.30; Golf Course Lounge, September 2, 2021 Payroll, 4,181.70; Golf Course Pro Shop, September 2, 2021 Payroll, 6,853.55; Golf Course Community Room, September 2, 2021 Payroll, 968.51; 941 Payroll Taxes, September 2, 2021 Payroll, 25,006.01; Accounts Management, Inc, September 2, 2021 Payroll, 75.00; SDRS Supplemental Retirement, September 2, 2021 Payroll, 777.50; TASC Flex Plan, September 2, 2021 Payroll, 1,017.95; Direct Pay Reimbursement, September 2, 2021 Payroll, 199.47;
ORDINANCE #641
A public hearing was held, as advertised, to consider Ordinance #641. Alderman Jorgenson moved Alderwoman Fish seconded to give first reading to Ordinance #641: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 531 AND THE OFFICIAL ZONING MAP OF THE CITY OF BRANDON, SOUTH DAKOTA BE AMENDED TO PROVIDE FOR THE RE-ZONING OF THE FOLLOWING DESCRIBED PROPERTY. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
2020 AUDIT REPORT
A draft 2020 audit report was presented. Dwight Berglin, Quam & Berglin, was present for discussion. Alderwoman Fish moved Alderwoman David seconded to approve the audit as presented. Motion carried.
ORDINANCE #635
Alderman Jorgenson moved Alderwoman Clark seconded to give second reading to Ordinance #635: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE TO CLARIFY THE REGULATIONS OF DRIVEWAYS ASSOCIATED WITH COMMERCIAL & INSTITUTIONAL LOTS, BY AMENDING CHAPTER 15-14-3(A)(8), ADDITIONAL USE REGULATIONS, OFF-STREET PARKING. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #636
Alderman Jorgenson moved Alderwoman Fish seconded to give second reading to Ordinance #636: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-5-2, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMTTED USES; CHAPTER 15-5-3, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-5-11, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-6-2, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, PERMITTED USES; CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; AND CHAPTER 15-22-2, DEFINTIONS, DEFINITIONS. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
ORDINANCE #639
Alderwoman Clark moved Alderwoman David seconded to give second reading to Ordinance #639: TITLE: AN ORDINANCE PROVIDING FOR THE APPROPIRATIONS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022, AND LEVYING THE PROPERTY TAX FOR THE YEAR 2021. A roll call vote showed Clark, David, Fish, Kull, Parliament aye; Jorgenson nay. Motion carried.
HIRE EMPLOYEE
The Golf Course Committee report was heard. Alderwoman Clark moved Alderwoman Fish seconded to approve the hiring of Maddie Greiver, Community Room, $9.45 per hour. Motion carried.
FLOOD REPAIR PROJECT – PHASE 2
Alderman Parliament moved Alderwoman Clark seconded to authorize Landscapes Unlimited to proceed with phase 2 of the flood repairs project at the golf course, as presented. Motion carried.
2021 POOL REVENUE REPORT
The Parks & Recreation Committee report was heard. The 2021 pool revenue report was presented. No action required.
HIRE SEASONAL STAFF
Alderwoman Fish moved Alderwoman Clark seconded to approve the following seasonal mowers for the Parks Department. Motion carried.
Peter Olejniczak, $12.30 per hour
Rick Peterson, $12.30 per hour
ASPEN PARK PAY APPLICATIONION
Alderwoman Fish moved Alderman Parliament seconded to approve pay application #1 to SiteWorks, Inc. in the amount of $227,794.11, for the Aspen Park roadway and utility improvements. Motion carried.
RESOLUTION #20-21
The Public Safety Committee and Administration Committee reports were heard. Alderman Jorgenson moved Alderwoman Clark seconded to approve Resolution #20-21. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
RESOLUTION #20-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRANDON, SOUTH DAKOTA, ADOPTING THE STORMWATER UTILITY RATE AND ESTABLISHING THE STORMWATER UTILITY FUND.
WHEREAS, the City Council has adopted the Stormwater Utility Rate in the City of Brandon, South Dakota, Municipal Code Chapter 14, Article 12.
WHEREAS, this section authorizes the City Council to adopt a rate for the Stormwater Utility Rate; and
WHEREAS, the City Council desires to adopt a Stormwater Utility Rate and establish a Stormwater Utility Fund for the operation, maintenance, and capital improvements of the stormwater drainage system.
NOW, THEREFORE, be it resolved that the City Council of the City of Brandon, South Dakota does hereby establish the Stormwater Utility Fund and approve the following Stormwater Utility Rates effective January 1, 2022.
Section 1: Definitions.
a. Nonresidential is any property that does not meet the definition of residential property.
b. Pollution Generating Impervious Area includes impervious areas of a parcel associated with on-site traffic generation that may decrease the quality of runoff generated as compared to building associated impervious area.
c. Non-Pollution Generating Impervious Area includes impervious areas of a parcel not associated with on-site traffic generation, such as building footprint.
d. Residential is any property with a one, two, three, or four-unit dwelling, or a group home, as defined under the City of Brandon, South Dakota R-1 and R-2 Zoning Code, or otherwise shares the characteristics of any of these, which is currently used as a residential dwelling.
Section 2: Residential Rate. The Residential Rate shall be a flat fee per parcel per month for each Residential Property. See Section 5, Rate Table.
Section 3: Nonresidential Rate. The Nonresidential rates shall consist of a rate per square foot of Pollution Generating Impervious Area plus a rate per square foot of Non-Pollution Generating Impervious Area. The Pollution Generating rate per square foot shall be 1.5 times higher than the Non-Pollution Generating rate per square foot. See Section 5, Rate Table. The minimum rate charged to Nonresidential property is equal to the Residential Rate.
a. The current use of parcels and parcel areas shall be obtained from the records of Minnehaha County, South Dakota and/or the City of Brandon, South Dakota.
b. Any changes to a Property’s Current Use or assigned rate shall be done in accordance with Chapter 15 of the City Code of the City of Brandon, South Dakota.
Section 4. Stormwater Utility Fund.
The Stormwater Fees paid to the City shall be maintained in a separate fund to be known as the “Stormwater Utility Fund.”
Section 5. Rates
Residential Rate per Parcel
Monthly Rate $4.91
Annual Rate $58.92
Nonresidential Rate per Square Foot of Pollution Generating Impervious Area
Monthly Rate n/a
Annual Rate $0.0147
Nonresidential Rate per Square Foot of Non-Pollution Generating Impervious Area
Monthly Rate n/a
Annual Rate $0.0098
Total Minimum Charge per Parcel
Monthly Rate $4.91
Annual Rate $58.92
Section 6. Request for Adjustment of Non-Residential Stormwater Utility Fee.
The City Engineer or designee may verify and adjust the parcel’s Stormwater Utility Fee to an appropriate level in accordance with the following guidelines. A parcel’s Stormwater Utility Fee shall be subject to increases as well as decreases by this procedure and by action of the City Commission.
To receive the non-residential Stormwater Utility Fee Adjustment, the owner of the parcel that wishes to apply for the adjustment must submit an application in the form of a cover letter requesting the adjustment. In certain instances, and depending upon the complexity of the adjustment, the request may be required to be accompanied by a stamped and signed analysis conducted by a Professional Engineer or Land Surveyor in the State of South Dakota describing the adjustment being requested.
a) Request for Adjustment based on Parcel Size or Impervious Percentage
Any non-residential parcel that disputes the total site area or impervious surface utilized in the calculation of their respective Stormwater Utility Fee may request an adjustment to their charge by submitting appropriate application materials. The City Engineering Department will perform an initial review of the parcels drainage characteristics in order to make a determination on the merits of an adjustment. In certain instances, and depending upon the complexity of the request, further information such as site survey or site map prepared and certified to by a SD Registered Land Surveyor may be required.
b) Request for Adjustment for On-site Structural Drainage Controls Exceeding City Standards
Property owners who reduce their service needs from the City storm water system by installing structural storm water management measures can receive a reduction in their Stormwater Service Charge. All adjustments are determined on a case-by-case basis through the City Engineer’s office. These Stormwater Utility Fee adjustments are applicable if a property owner takes measures to increase on-site storage or to reduce the storm water flow rate (cfs) or volume (ac-ft) runoff from his or her property to the City storm water system that exceeds the current City minimum requirements for managing storm water discharges. A monthly Stormwater Utility Fee may be reduced by:
1. Up to fifty (50) percent for reduction in flow rate. Incremental one (1) percent reduction for each percent reduction in storm water flow from the site, above and beyond the minimum design discharge requirement set forth in the storm water management manual.
2. Up to fifty (50) percent for increased storage. Incremental one (1) percent for each percent increase in storm water storage on-site, beyond the minimum set forth in the storm water management manual.
3. Up to fifty (50) percent for reduction in volume. Incremental one (1) percent reduction for each percent reduction in storm water volume from the site, above and beyond the minimum design discharge requirement set forth in the storm water management manual.
4. The rate reduction may be calculated using a combination of reductions in flow, increased storage, or reduction in volume but the Stormwater Fee may not be reduced overall by more than fifty (50) percent.
5. Minimum five (5) percent reduction required to have a measurable impact to the reductions prior to a rate modification.
To permit for an accurate assessment of any on-site drainage controls, the request for review must include, but is not limited to:
1. A site plan showing locations of all buildings and other development contained within the parcel.
2. The total parcel area and area of impervious surfaces shall be shown.
3. Site topography and contours of sufficient detail to ascertain flow directions, rates, and volumes. The flow directions, rates, and volumes shall be computed and certified by a SD Registered Professional Engineer
4. Size, details and/or volumetric characteristics of any drainage control facilities.
5. All maps of site characteristics shall be prepared and certified to by a SD Registered Land Surveyor. A SD Registered professional Engineer shall prepare all computations and conclusions.
The City Engineer reserves the right to inspect periodically all storm drainage control facilities to ascertain that they are operating properly. If such a system due to improper maintenance or other reason, fails to detain storm water runoff in an effective manner, the City Engineer shall issue an order to complete the repair of the facility within 60 days. If such repairs are not completed in a timely manner, the City Engineer may eliminate or reduce Stormwater Utility Fee Adjustments to an appropriate level.
Dated this 20th day of September, 2021.
Jim Heinitz
ATTEST:
Mayor
Christina Smith
Finance Officer
(SEAL)
RESOLUTION #21-21
Alderman Jorgenson moved Alderman Parliament seconded to approve Resolution #21-21. A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye. Motion carried.
RESOLUTION 21-21
ESTABLISHING FEES FOR INITIAL AND RENEWAL APPLICATIONS FOR MEDICAL CANNABIS ESTABLISHMENTS
WHEREAS, the Brandon City Council adopted Ordinance No. 637 creating Title 17 of the Revised Ordinances of the City of Brandon creating licensing and regulations provisions for medical cannabis establishments; and
WHEREAS, Chapter 17-3-3 requires the fees for the Initial Application and the Renewal Applications to be set by Resolution of the Brandon City Council for all medical cannabis establishments.
NOW THEREFORE BE IT RESOLVED by the City Council of Brandon, South Dakota that the following non-refundable fees are set for all medical cannabis establishments as defined in Chapter 17-1-2 Definitions:
Initial Application Fee $5,000
Renewal Application Fee $5,000
Adopted this 20th day of September, 2021.
Jim Heinitz
Mayor
ATTEST:
Christina Smith
Finance Officer
(SEAL)
ORDINANCE #642
A public hearing was held, as advertised, to consider Ordinance #642. Alderwoman Clark mover Alderwoman Fish seconded to give first reading to Ordinance #642: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD REVISING PARAGRAPH 2-3-4.1 SETTING A FEE FOR AN OFF SALE LIQUOR LICENSE as amended with a $.50 per capita instead of the $1.00 per capita. A roll call vote showed Clark, David, Fish aye; Jorgenson, Kull, Parliament nay. Mayor Jim Heinitz voted aye. Motion carried.
TAX ABATEMENTS
Alderwoman Clark moved Alderwoman Fish seconded to approve the following tax abatements, as presented. Motion carried.
Abatement Number 2021-0135
Parcel ID # 68689
Abatement Number 2021-0136
Parcel ID # 68689
LETTER OF SUPPORT FOR ENCORE PARK RAIL PROJECT
Alderwoman Clark moved Alderman Parliament seconded to approve the letter of support for the Encore Park rail project, as presented. Dan Kipling, Ellis & Eastern, was present for discussion. Motion carried.
PURCHASE AGREEMENT – 303 E. ELM STREET
Alderwoman Fish moved Alderwoman David seconded to approve the purchase agreement for 303 E. Elm Street at the list price of $110,000.00, with closing costs split equally between the seller and the City. Alderwoman David encouraged City staff to look into options for someone to move the house, at their own cost versus having the house razed. Motion carried.
SDDOT 5311 & 53100 COMPLIANCE REPORT
The Streets Committee report was heard. The SDDOT 5311 and 5310 Compliance Report on the Transit System was presented. There were no findings. No action required.
TRANSIT MANAGEMENT AGREEMENT WITH ROCS
Alderwoman Fish moved Alderwoman Clark seconded to approve the transit management agreement with ROCS for fiscal year 2022 at a cost of $31,299.96, as presented. Motion carried.
TRANSIT SYSTEM AGREEMENT WITH SDDOT
Alderwoman Clark moved Alderman Parliament seconded to approve the amendment to the SDDOT amendment #811864 and to authorize Mayor Heinitz to sign the agreement. Motion carried.
WATER TOWER PROJECT – RESPONSE TO COMPLAINTS
The Water & Sewer Committee report was heard. Information was presented regarding complaints received as part of the water tower project, and the response from AB Contracting, LLC. No action required.
RUSHMORE PROJECT PAY APPLICATION
Alderwoman Clark moved Alderman Parliament seconded to approve pay application #5 to Asphalt Surfacing Company in the amount of $845,526.92 for the Rushmore Area Reconstruction project – Phase 1. Motion carried.
At 6:51 p.m. on a motion by Alderwoman Clark seconded by Alderwoman David the meeting was adjourned. Motion carried.
Melissa Labahn
Municipal Recording Clerk
Jim Heinitz
Mayor
Published at the approximate cost of $216.74
Sept. 29, 2021
_|
City of Brandon
_____ ORDINANCE #635 ______
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE TO CLARIFY THE REGULATION OF DRIVEWAYS ASSOCIATED WITH COMMERCIAL AND INSTITUTIONAL LOTS, BY AMENDING CHAPTER 15-14-3(A)(8), ADDITIONAL USE REGULATIONS, OFF-STREET PARKING.
BE IT ORDAINED BY THE CITY OF BRANDON, SD:
Section 1. That Chapter 15-14-3(A)(8) of the Brandon Zoning Ordinance is hereby amended to read as follows:
8. Per lot, no driveway(s) shall exceed a total cumulative width of forty (40) feet or half of the width of the lot at the property line, whichever is less.
The location, design, and spacing of all driveways shall be controlled by the City’s Engineering Design Standards.
a. Exception for single-family attached dwellings and multiple-family dwellings where individual dwelling units have an attached accessory garage: Each driveway’s width as measured at the property line may be equal to the width of its associated garage. A parking pad located next to the driveway is allowed so long as it meets setback requirements and is equal to the garage width at its property line.
The location, design, and spacing of all driveways shall be controlled by the City’s Engineering Design Standards.
b. Exception for R-3 District: Each lot may have one (1) driveway located on each street frontage. Each additional driveway shall be approved by a conditional use permit. Unless otherwise specified herein below, the width of an individual driveway may not exceed sixty (60) feet at the lot lines unless approved by a conditional use permit.
The location, design, and spacing of all driveways shall be controlled by the City’s Engineering Design Standards.
c. Exception for CB, GB, and IN Districts: Each lot may have one (1) driveway located on each street frontage. Each additional driveway shall be approved by a conditional use permit. The width of an individual driveway may not exceed sixty (60) feet at the lot lines unless approved by a conditional use permit.
The location, design, and spacing of all driveways shall be controlled by the City’s Engineering Design Standards.
d. Exception for LI and HI Districts: Each lot may have one (1) driveway located on each street frontage. Each additional driveway shall be approved by a conditional use permit. The width of an individual driveway may not exceed eighty (80) feet at the lot lines unless approved by a conditional use permit.
The location, design, and spacing of all driveways shall be controlled by the City’s Engineering Design Standards.
Adopted this 20th day of September, 2021.
Jim Heinitz
Mayor
ATTEST:
Christina Smith
Finance Officer
Seal
First Reading: September 7, 2021
Second Reading & Adoption: September 20, 2021
Published: September 29, 2021
Effective Date: October 20, 2021
Published at the approximate cost of $29.78
Sept. 29, 2021
|
City of Valley Springs
_____ Notice of audit _____
NOTICE OF AUDIT OF THE FISCAL AFFAIRS OF THE MUNICIPALITY OF VALLEY SPRINGS
Notice is hereby given that the records and books of account of the Municipality of Valley Springs, South Dakota, have been audited by Schoenfish & Co., Inc., Certified Public Accountants of Parkston, South Dakota for the two years ended December, 31, 2020. A detailed report thereon, containing additional information, is filed with the Municipality of Valley Springs and the Department of Legislative Audit in Pierre, South Dakota for public inspection.
The following finding and recommendation referred to in the report are hereby listed in accordance with the provisions of SDCL 4-11-12.
CURRENT AUDIT FINDING AND RECOMMENDATION
Finding:
A material weakness in internal controls was noted due to a lack of proper segregation of duties for the revenues. This is a continuing audit comment since 2018.
Recommendation:
We recommend that the Municipality of Valley Springs officials be cognizant of this lack of segregation of duties for revenues sand attempt to provide compensating internal controls whenever, and wherever, possible and practical.
Management’s Response:
The Municipality of Valley Springs Mayor, Carl Moss, is the contact person responsible for the corrective action plan for this comment. This comment is due to the size of the Municipality of Valley Springs, which precludes staffing at a level sufficient to provide an ideal environment for internal controls. We are aware of this problem and are attempting to develop a policy to provide compensating controls.
RUSSELL A. OLSON, AUDITOR GENERAL
DEPARTMENT OF LEGISLATIVE AUDIT
Published twice at the approximate cost of $35.62
Sept. 22 & 29, 2021
|
City of Valley Springs
_______ Notice of _______
____ ASSESSMENT ROLL ____
Notice is hereby given that there will be an ASSESSMENT ROLL HEARING at 7:00 p.m. on October 12, 2021 at the Valley Springs American Legion, 615 Broadway Avenue, at a regular Council meeting to consider the assessment roll for improving West Acres Addition: Dakota Circle and Lynx Street, all within the City of Valley Springs, Minnehaha County, South Dakota, by the addition of a second lift of paving and paving improvements where needed, all within the City of Valley Springs. This hearing is open to the public.
Notice is further given that the assessment roll was filed with the municipal finance officer on September 20, 2021 and is open for public inspection at the Valley Springs City Hall, 401 Broadway Avenue, Valley Springs, South Dakota during regular business hours.
Ginger Miller
Municipal Finance Officer
Published: September 29, 2021
Published at the approximate cost of $9.21
Sept. 29, 2021
|
City of Valley Springs
_______ Notice of _______
____ Public Hearing ____
TO TRANSFER LIQUOR LICENSE FOR 2021
NOTICE IS HEREBY GIVEN THAT: The Board of Commissioners in and for the
City of Valley Springs, South Dakota, on the 12th day of October, 2021 at the hour of 7:00 p.m. at VS American Legion, 615 Broadway Ave will meet in Regular session to consider the following transfer of the Liquor License for 2021, from Fun Times, Inc., dba Valley Corner Bar, 527 Broadway Ave, Valley Springs, SD 57068 to DK Entertainment Inc., dba Valley Corner Bar, 527 Broadway Ave, Valley Springs, South Dakota 57068 to operate within the Municipality, which have been presented to the Board of Commissioners and filed in the Finance Office.
APPLICANT, ADDRESS OR LEGAL DESCRIPTION, TYPE OF LICENSE:
Jeff Tibke – DK Entertainment, Inc., dba Valley Corner Bar
527 Broadway Ave, Valley Springs, SD 57068
Retail (on-off sale) Liquor License
NOTICE IS FURTHER GIVEN THAT any person, persons, or their attorney may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application.
Dated at Valley Springs, South Dakota, this 23rd day of September, 2021.
Ginger Miller
Finance Officer
Publish: September 29, 2021
Published at the approximate cost of $13.82
Sept. 29, 2021
|
City of Valley Springs
______ ORDINANCE #355 ______
ORDINANCE 355
AN ORDINANCE CREATING ZONING REGULATIONS FOR CANNABIS ESTABLISHMENTS.
WHEREAS, Initiated Measure 26 (IM 26), regarding Medical Cannabis, was passed by South Dakota voters in November 2020; and
WHERAS, the provisions of IM 26 have been codified under South Dakota Codified Laws (SDCL) Chapter 34-20G; and
WHEREAS, such state statutes explicitly provide local governments with certain regulatory authority over aspects of cannabis establishments, including zoning matters; and
WHEREAS, the City of Valley Springs has the lawful authority to regulate other aspects relating to cannabis establishments by and through its use of existing municipal powers.
BE IT ORDAINED BY THE CITY OF VALLEY SPRINGS, SOUTH DAKOTA AS FOLLOWS:
Section 1.
That a NEW ARTICLE be ADDED to the Zoning Regulations of the City of Valley Springs, South Dakota – to read as follows:
ARTICLE 5
REGULATION OF CANNABIS ESTABLISHMENTS
CHAPTER 5.01 – INTENT
5.01.01 Intent. In order to minimize the negative effects that Cannabis Establishments have on adjacent land uses and to promote the public health, safety, and general welfare of the City, the City Council adopts the following regulations, recognizing that the City has a great interest in the present and future character of its residential and commercial neighborhoods.
Adoption of these regulations is not intended to unreasonably restrict the opportunity of cannabis establishments to locate in the City, but rather to ensure Cannabis Establishments are not located in areas contrary to public interest, injurious to nearby properties, nor concentrated in one area of the City.
CHAPTER 5.02 – DEFINITIONS
5.02.01 Definitions. Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34-20G-1.
CANNABIS (or MARIJUANA): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three- tenths of one percent on a dry weight basis.
CANNABIS CULTIVATION FACILITY: a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY: a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
CANNABIS PRODUCT MANUFACTURING FACILITY: a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
CANNABIS TESTING FACILITY: a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
CANNABIS ESTABLISHMENT: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CITY: The city of Valley Springs, South Dakota.
NON-LICENSED CANNABIS ESTABLISHMENT: an entity which would otherwise meet the definition of a cannabis establishment, but which is not legally licensed.
CHAPTER 5.03 – REGULATIONS FOR CANNABIS DISPENSARY
5.03.01 Location. No Cannabis Dispensary shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A Cannabis Dispensary shall be considered a conditional use in the following districts: I-2 General Industrial District.
5.03.02 Cannabis Dispensary Regulations.
(A) Maximum Number of Cannabis Dispensaries. The City shall allow no more than one (1) Cannabis Dispensary provided the time, place, and manner of said Cannabis Dispensary complies with this ordinance.
(B) Required Separation Distances
(1) The Cannabis Dispensary shall be located not less than one thousand feet (1,000’) from a public or private school existing before the date of the Cannabis Dispensary application.
(2) The Cannabis Dispensary shall be located not less than one thousand feet (1,000’) from churches, public parks, libraries and daycare facilities existing before the date of the Cannabis Dispensary application.
(3) Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (1,000 feet), may be waived, provided, the applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.
(4) Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the Cannabis Dispensary is proposed.
(C) Other Locational Requirements.
(1) Permanent or temporary Cannabis Establishments are prohibited in all other zoning districts and not eligible for a home occupation use.
(2) It shall be unlawful to operate a Cannabis Dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.
(D) Controlled Access – No Cannabis Establishment shall share premises with or permit access directly from a business that sells alcohol or tobacco, or, if allowed by law, other Cannabis Establishment.
(E) Hours of Operation. The Cannabis Dispensary is allowed to be open between the hours of 10:00 am to 6:00 pm Monday through Friday and 10:00 am to 3:00 pm Saturday
(F) Documentation of State Licensure. No Cannabis Dispensary shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products or paraphernalia without providing documentation of licensure from the State of South Dakota.
(G) The Zoning Official is authorized to issue permits (building and/or use) for the Cannabis Dispensary subject to the following:
(1) Submission of a site plan containing the following:
(i) Any information required for applicable building permit,
(ii) Ingress and egress plan
(iii) Parking plan
(iv) Lighting plan (including security lighting)
(v) Screening/security fencing plan,
(vi) Refuse plan;
(vii) Hours of operation;
(viii) Any other information as lawfully may be required by the Zoning official to determine compliance with this ordinance
(2) Documentation of ability to meet setback/separation requirements.
(3) Documentation of State Licensure:
(H) The Cannabis Dispensary is required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.
5.03.04 Prohibited Districts for Non-Licensed Cannabis Establishment. All Non-Licensed Cannabis Establishments are prohibited in all zoning districts.
CHAPTER 5.04 – REGULATION OF CANNABIS CULTIVATION FACILITY, CANNABIS TESTING FACILTY AND CANNABIS PRODUCT MANUFACTURING FACILITY.
5.04.01 Prohibition of Cannabis Cultivation Facility, Cannabis Testing Facility and Cannabis Product Manufacturing Facility. The City does not allow any of the following Cannabis Establishments within the municipal city limits of the City:
(A) Cannabis Cultivation Facility.
(B) Cannabis Testing Facility.
(C) Cannabis Product Manufacturing Facility.
Section 2.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 3.
The City Finance Officer shall cause notice of adoption of this ordinance to be published in the official newspaper and twenty (20) days after the completed publication, unless the referendum is invoked, this ordinance shall become effective.
PASSED AND APPROVED this _____ day of ____ 2021.
CITY OF VALLEY SPRINGS, SOUTH DAKOTA
Carl Moss
Mayor
ATTEST:
Ginger Miller
Municipal Finance Officer
(SEAL)
First Reading: September 14, 2021
Second Reading: September 22, 2021
Adoption: September 22, 2021
Published: September 29, 2021
Effective: October 19, 2021
Published at the approximate cost of $84.73
Sept. 29, 2021
|
City of Valley Springs
_________ Minutes _________
SPECIAL MEETING MINUTES
CITY OF VALLEY SPRINGS
BOARD OF COMMISSIONERS
City Hall, 401 Broadway Ave.
SEPTEMBER 22, 2021 6:00 PM
CALL TO ORDER
The Commissioners of the City of Valley Springs met in special session on Wednesday, September 22, 2021 at 6PM in the City Hall, 401 Broadway Avenue. Mayor Carl Moss presided, calling the meeting to order at 6 PM. Answering roll call were Commissioners Brian Staeffler, Dean Helgeson and Sandy Severtson. Commissioner Lynn Schmidt was absent. Also in attendance was Ginger Miller, Finance Officer. Helgeson approved the posted agenda. Second by Staeffler. Motion carried, all voting aye.
Mayor Carl Moss then gave the Second Reading of Ordinance 355, AN ORDINANCE CREATING ZONING REGULATIONS FOR CANNABIS ESTABLISHMENTS. After board discussion, Staeffler made a motion to approve Ordinance 355, seconded by Helgeson. Motion carried, all voting aye.
Mayor Moss then gave the first reading of Ordinance 354, AN ORDINANCE ADDING CHAPTER 4.04 TO THE MUNICIPAL ORDINANCES OF THE CITY OF VALLEY SPRINGS AND CREATING LICENSING PROVISIONS FOR MEDICAL CANNABIS DISPENSARY BUSINESSES. Staeffler made a motion to approve the first reading of Ordinance 354, seconded by Helgeson. Motion carried, all voting aye. The second reading will be held on Tuesday, October 12, 2021 at 6:30 PM in the VS American Legion.
Finance Officer Miller presented the 2022 Municipal Appropriations Budget for review. The first reading will be held on Tuesday, October 12, 2021 at 6:30 PM in the VS American Legion.
ADJOURN
As there was no further business before the Commission, Staeffler made a motion to adjourn at 6:55 PM, seconded by Severtson. Motion carried, all voting aye. The next regular monthly meeting of the Valley Springs City Commission will be October 12, 2021 at 6 PM in the VS American Legion, 615 Broadway.
Ginger Miller, Finance Officer
Mayor Carl Moss
Published at the approximate cost of $20.26
Sept. 29, 2021
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Minnehaha County
_________ Minutes _________
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. September 21, 2021, pursuant to adjournment on September 7, 2021. Commissioners present were: Barth, Bender, Heiberger, and Karsky. Also present were Rhonda Bennett, Deputy Auditor, and Eric Bogue, Chief Civil Deputy State’s Attorney.
MOTION by Heiberger, seconded by Bender, to approve agenda. 4 ayes.
MOTION by Barth, seconded by Heiberger, to approve the September 7, 2021 Commission meeting minutes. 4 ayes.
MOTION by Heiberger, seconded by Barth, to correct previously approved Commission meeting minutes for July 27, 2021. It was discovered that minutes for 7/27/21 there are two Public Hearing items regarding a Public Nuisance; The legal descriptions are the same on both and the second one needs to be 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.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Heiberger, to approve the following bills totaling $5,069,657.24 4 ayes.
46West Apt Welfare Rent 700.00, A&B Business Lease-Rental Agmt 619.80, A&B Business Maint Contracts 334.83, A&B Business Office Equip Repair 83.79, A-1 Pumping & Excav Auto/Small Equip 172.50, Aaron George Prop Motels 625.00, Accurate Control Comm Equip Repair 861.43, Adela Cucak Misc Revenue 300.00, Affordable Housing Welfare Rent 1,444.00, Airgas USA Gas Oil & Diesel 129.40, Airgas USA Lease-Rental Agmt 73.99, Airway Svc Auto/Small Equip 3,343.18, Airway Svc Gas Oil & Diesel 291.32, Alcohol Monitoring Electronic Monitoring 73.50, Alcohol Monitoring Program Sup 2,672.10, All Nations Interp Interpreters 8,199.40, American Business Printing/Forms 53.83, American Public Work Education & Training 990.00, Anderson, Jennifer Bd Evals (Minnehaha) 4,968.16, Andersons Collision Professional Svcs 123.00, Angel, Edward P Attorney Fees 1,515.28, Anna Foster Misc Revenue 300.00, Appeara Program Activities 72.24, Arcadia Publishing Store Inventory 689.97, Argus Leader Publishing Fees 6,439.42, ARS Museum Renovations 2,531.00, Augustana College Store Inventory 90.00, Automatic Building Coliseum 344.00, Automatic Building HHS Maint 238.00, Automatic Building Jail Repairs & Maint 4,315.92, Automatic Building Outside Repair 714.00, Avera Health Plans Insurance Admin Fee 2,881.01, Avera Mckennan Blood Withdrawal 108.00, Avera Mckennan Hospitals 10,612.58, Avera Mckennan Physicians 431.37, Axis Forensic Toxic Lab Costs 1,230.00, Beck, Jeffrey R Attorney Fees 108.90, Bierschbach Equip Road Maint & Material 255.00, Bob Barker Co Inmate Sup 871.35, Bosman, Joseph Uniform Allowance 178.47, Brandon Valley Journ Publishing Fees 1,480.00, Brennan Hills Townh Welfare Rent 512.00, Budget Auto Repair Gas Oil & Diesel 66.80, Builders Supply Building Repairs & Maint 1,393.30, Builders Supply Construction Costs 146.64, Business Archives Archive/Preservation Sup 600.00, C & R Supply Bldg/Yard Repair & Maint 18.80, Cadwell Law Sign Deposits 50.00, Callyo 2009 Investigators Exps 1,800.00, Careerbuilder Publishing Fees 183.43, Cemcast Pipe & Prec Road Maint & Material 5,586.80, Center For Family Med Professional Svcs 462.00, Century Business Lease-Rental Agmt 194.28, Century Business Maint Contracts 975.62, Century Business Office Sup 317.73, Centurylink Contract Svcs 13.62, Centurylink Data Comms 1,308.86, Centurylink Telephone 1,935.59, Centurylink Telephone 13.26, Certified Languages Interpreters 159.50, Chaks Prop Welfare Rent 500.00, Chapel Hill Funeral Burials 2,000.00, Chasing Willows Welfare Rent 700.00, Civil Design Architects & Engineers 14,807.50, Cleveland Heights Welfare Rent 564.52, Computer Forensic Professional Svcs 1,260.00, Constellation Natural Gas 2,487.36, Construction Product Jail Repairs & Maint 992.00, Coremr Maint Contracts 652.50, Correct Rx Contract Svcs 20.44, Country Meadows Welfare Rent 500.00, Country View Mhc Welfare Rent 800.00, Cummins HHS Maint 446.88, Daikin Applied Amer Contract Svcs 15,920.00, Dakota Enhancement Welfare Rent 454.40, Dakota Fluid Power Truck Repairs & Maint 148.90, Dakota Fresh Store Inventory 48.75, Dakota Law Attorney Fees 782.10, Dakota Lettering Uniform Allowance 1,272.37, Dakota Supply Hwy Shop Repairs & Maint 887.16, Dalsin Fairgrounds 32,522.00, Dalsin JDC Maint 1,517.08, Dalsin Repair/Renovations 1,273.00, Dematteo Law Attorney Fees 336.60, DLRS Prop Welfare Rent 500.00, Doug Or Marcy Bird Store Inventory 15.00, Dufault, Helena Bd Evals (Minnehaha) 67.50, Dust Tex Svc Janitorial Chemical Sup 21.12, Eh Hospitality Motels 905.00, Electric Const Electrical Repairs & Maint 93.88, Empire Prop Welfare Rent 280.00, Empire Toner Data Processing Sup 123.98, Engbrecht, Roger Welfare Rent 765.00, English Law Attorney Fees 6,000.00, Erin M Johnson Bd Exp Fees (Minnehaha) 4,009.00, Fanebust, Wayne Store Inventory 110.00, Fastenal Small Tools & Shop Sup 153.91, First Dakota Nation Homeland Security 3,764.75, Future Horizon Welfare Rent 1,125.00, Galls Quartermaster Uniform Allowance 1,149.45, Garretson Gazette Publishing Fees 2,711.43, Genevieve Fisher Misc Revenue 300.00, George, Aaron Motels 625.00, George, Aaron Welfare Rent 500.00, Geotek Engineering Architects & Engineers 185.00, Goebel Printing Printing/Forms 45.46, Golden West Telephone 75.95, Gourley Prop Welfare Rent 825.00, Graham Tire Auto/Small Equip 584.04, Graham Tire Heavy Equip Repairs & Maint 416.29, Grainger Small Tools & Shop Sup 90.21, Graybar Electric Jail Repairs & Maint 9,685.45, Griese Law Attorney Fees 2,767.50, Guarantee Roofing HHS Maint 211.25, Gunner, Andrea Court Reporters 136.80, Guzman, Sandra V Interpreters 125.00, Hanson, Michael W Attorney Fees 653.40, Henry Carlson Const Construction Costs 187,545.00, Hidden Hills Apt Welfare Rent 500.00, High Point Networks Memberships 248.00, High Point Networks Subscriptions 52.00, Historical Folk Toys Store Inventory 712.00, Hobart Sales & Svc Other Repairs 2,336.37, Horizon Agency Insurance Admin Fee 2,762.50, Horn Law Attorney Fees 217.80, Hov Svcs Microfilming 1,057.30, Howe Coliseum 172.50, Howling Plains Welfare Rent 700.00, HyVee Pharmacies 23.02, Ind Real Estate Welfare Rent 600.00, Induminn Motels 600.00, Innovative Office Office Sup 48.28, Intek Contract Svcs 28,731.63, Intek COVID Exps 1,475.00, Interstate Office Office Sup 2,621.84, ISI Interpreters 180.00, James Gravett Business Travel 40.00, Jared Hoffman Program Activities 100.00, JCl Solutions Building Repairs & Maint 48.20, JCl Solutions Inmate Sup 1,028.70, JCl Solutions Janitorial Chemical Sup 230.86, JCl Solutions Kitchen/Cleaning Sup 3,104.72, JCl Solutions Office Sup 46.24, Jeff Larson Law Attorney Fees 1,796.70, Jim & Rons Svc Professional Svcs 70.00, Joseph Maeschen Taxable Meal Allowances 108.00, JSA Consult Eng Architects & Engineers 2,455.00, Kaltenbach Stump Rem Parks/Rec Repair & Maint 300.00, Karl’s Tv Furniture & Office Equip 1,385.92, Kash Transportation 47.93, Katterhagen, Mark Bd Exp Fees (Yankton) 67.50, Knecht, Andrew J Attorney Fees 2,417.60, Kris Swanson Business Travel 323.83, Krista Leidholt Donations 151.98, Kruse Law Attorney Fees 2,666.00, Kull, Lisa Court Reporters 620.00, Kurita America Heat, Vent & AC Repairs 5,398.86, Kyle Johnson Donations 74.32, Kyte, Ben Business Travel 40.00, Lacey Rentals Lease-Rental Agmt 115.00, Languageline Interpreters 136.32, Languageline Telephone 72.77, Larson, Dana J Bd Exp Fees (Yankton) 100.00, Leaf Capital Funding Lease-Rental Agmt 137.02, Ledd Properties Motels 935.00, Lewis Drugs Pharmacies 1,264.41, Lewno Law Bd Exp Fees (Yankton) 591.08, LG Everist Road Maint & Material 7,542.83, Lisa Carlson Report Court Reporters 129.20, Lisa Kutter Program Activities 100.00, Lockwood, Darcy Bd Exp Fees (Yankton) 67.50, Loving, Philip Bd Evals (Minnehaha) 5,445.08, Luther, Jeff Medical Director 2,500.00, Lutheran Social Svcs Interpreters 52.50, Luverne Supermarket Welfare Food 106.57, Maricopa County Sher Return Of Svc 200.00, Mary White Business Travel 100.00, MCJ Janitorial Chemical Sup 61.40, MCJ Motor/Machine/Equip Repair 98.30, Medstar Paramedic Transportation 1,600.00, Menard Parks/Rec Repair & Maint 116.79, Metastone Prop Welfare Rent 700.00, Metro Comm Clinics - Auxiliary Svcs 880.00, Metro Comm Misc Exp 46,828.83, Michael Kutter Program Activities 100.00, Microfilm Imaging Furniture & Office Equip 240.00, Microfilm Imaging Lease-Rental Agmt 405.00, Microfilm Imaging Software 2,180.00, Midamerican Energy Natural Gas 2,313.50, Midamerican Energy Welfare Utilities 253.00, Midcontinent Comm Subscriptions 443.86, Midcontinent Comm Telephone 85.00, Midland Hwy Shop Repairs & Maint 284.86, Midwest Alarm VOA Dakotas 108.78, Minnehaha County Gas Oil & Diesel 65.05, Minnehaha County Misc Exp 17.82, Monroe Systems Furniture & Office Equip 392.01, Monroe Systems Office Sup 57.00, Myers & Billion Attorney Fees 3,625.10, Nies Prop Welfare Rent 825.00, Norberg Paints Building Repairs & Maint 89.15, North Ridge Welfare Rent 700.00, Northeast Investment Welfare Rent 4,600.00, Novak Tea-Ellis Range 61.55, Novak Trash Removal 4,653.17, Nybergs Ace Building Repairs & Maint 14.24, Nybergs Ace Office Sup 6.85, Office Depot Data Processing Sup 466.15, Old Orchard Cafe MacArthur SJC Grant 120.35, Olivier Miles Holtz Attorney Fees 319.05, Oreilly Auto Auto/Small Equip 86.59, Overhead Door Bldg/Yard Repair & Maint 130.00, P & K Pest Control Building Repairs & Maint 79.00, Pamela Nowak Store Inventory 90.85, Paragon Health & Wel Blood Withdrawal 5,040.00, Paulson, Rodney Welfare Rent 500.00, PCS Mobile Vehicle Equip 156.89, Penbrooke Place Apt Welfare Rent 500.00, Pennington County Extradition & Evidence 3,068.99, Pharmchem Testing Sup 428.25, Pioneer Entr. Burials 12,000.00, Polk County Sheriff Return Of Svc 80.00, Precision Kiosk Tech Testing Sup 4,400.00, Premier Real Estate Welfare Rent 1,304.00, Prestox Outside Repair 619.36, Prestox Professional Svcs 2,500.00, Price, Thomas L Professional Svcs 1,200.00, QE Welfare Rent 649.00, Qualified Presort Postage 6,836.60, Quill Corp Office Sup 95.94, R&L Supply Heat, Vent & AC Repairs 31.95, R&L Supply Plumbing & Welding 178.39, Record Keepers Records Storage 2,253.81, Risty, Maxine J Court Reporters 2,656.20, Robert Olson Extradition & Evidence 84.00, Rotorooter Trash Removal 523.00, Running Supply Auto/Small Equip 18.97, Russell, Mark Business Travel 302.44, Salem, Karla R Bd Evals (Minnehaha) 522.50, Sanford Clinics - Auxiliary Svcs 17.75, Sanford Lab Costs 365.57, Sanford Professional Svcs 161.21, Sanford Clinic Contract Svcs 25,936.17, Sanford Clinic Other Medical Svcs 818.06, Sanford Clinic Professional Svcs 11.84, Sarah Lueders Program Activities 100.00, Scheels All Sports Uniform Allowance 100.00, Schmuck, Jan Bd Exp Fees (Minnehaha) 48.00, Schumacher Elevator Jail Repairs & Maint 3,248.88, SD Assoc Of County Off Due To Other Governments 7,982.00, Sd Human Svcs Clinics - Auxiliary Svcs 91.80, Sd Human Svcs Psych Evals 600.00, Security Labs Maint Contracts 100.00, Senkle, Winnafred Welfare Rent 700.00, SF Leased Housing Welfare Rent 619.00, Shane Fischer Misc Revenue 300.00, Sioux Empire Fair Misc Exp 12,500.00, Sioux Falls City Gas Oil & Diesel 16,114.86, Sioux Falls City HIDTA Grant 303.87, Sioux Falls City Jail Repairs & Maint 137.80, Sioux Falls City Water - Sewer 694.90, Sioux Falls City Welfare Utilities 207.57, Sioux Falls Family Optometric Svcs 150.00, Sioux Falls Rubber Office Sup 40.40, Sioux Valley Energy Welfare Utilities 409.00, South Dakota Mag Store Sales 325.00, Southeastern Behav Crisis Intervention Program 5,658.75, Speler Program Activities 36.00, State of SD Amts Held-Daily Scram 6,250.00, State of SD Amts Held-Remote Breath 2,349.00, State of SD Blood/Chemical Analysis 8,975.00, State of SD Bulletin Board Svc 205.13, State of SD Commitment - HSC 13,504.46, State of SD Commitment - Redfield 960.00, State of SD Contract Svcs 28,059.00, State of SD Due To Other Governments 4,214,258.88, State of SD Education & Training 790.00, State of SD Fingerprint/Tax 289.14, State of SD Lab Costs 280.00, State of SD Misc Revenue 97.42, State of SD Misc Exp 241.00, State of SD Mug Shots 0.49, State of SD Office Sup 29.25, State of SD Other Sup 333.99, State of SD Printing/Forms 374.83, State of SD Safety & Rescue Equip 19.60, State of SD Sign Supply Inventory 63.36, State of SD Store Sales 222.20, State of SD Telephone 58.09, Strange Farrell John Attorney Fees 9,354.41, Streichers Uniform Allowance 1,054.98, Summit Food Svc Child Care Food 1,494.42, Summit Food Svc Inmate Sup 238.12, Summit Food Svc School Lunch Program 2,421.87, Swaney, Dawn County Cemetery 260.00, Taylor Law Child Defense Attorney 1,263.50, TCN Telephone 2.07, Tegra Group Architect, Engineers, and PMgt 26,966.29, Teresa Evans Business Travel 80.00, The Lodge At Deadwood Business Travel 450.00, Thomson Reuters Books 60.20, Thomson Reuters Legal Research 3,564.15, Thomson Reuters Subscriptions 263.66, Three Falls Welfare Rent 1,500.00, Thurman, Creighton Attorney Fees 212.86, Tiede, Pamela Bd Exp Fees (Minnehaha) 88.00, Tim Gustafson Donations 77.62, Timekeeping Systems, Child Care Items 55.11, Tomacelli’s Too Jury Fees 235.52, Trane Correction Ctr Repairs & Maint 59.76, Trane Fairgrounds 191.25, Trane Heat, Vent & AC Repairs 12.75, Transource Truck & Eq Parts Inventory 115.88, Transunion Risk & Al Investigators Exps 169.30, Triangle Prop Welfare Rent 700.00, Tri-State Nursing Professional Svcs 5,969.25, True Care Family Pharmacies 8.00, Turning Leaf Welfare Rent 700.00, Two Way Solutions Comm Equip Repair 230.48, Tyson Anderson Donations 146.20, Tzadik Welfare Rent 1,516.00, Tzadik Welfare Rent 2,700.00, Uline Inmate Sup 41.06, Uline Office Sup 29.06, Uline Program Activities 2,250.90, Underground Connect Fairgrounds 31,235.00, US Foods Other Sup 94.43, US Foods Professional Svcs 1,368.58, Van Peursem, Kevin Welfare Rent 500.00, VB Falls Park Welfare Rent 450.00, VB Tower Welfare Rent 1,148.00, Ver Beek, Kelsey Attorney Fees 1,062.27, Ver Beek, Kelsey Bd Exp Fees (Minnehaha) 1,988.35, Viktor Sushchik Sign Deposits 50.00, Virtual Academy Education & Training 3,825.00, Wagner, Heidi Bd Evals (Minnehaha) 220.00, Walmart Pharmacies 17.77, Walter, Max Attorney Fees 1,064.25, Walter, Max Child Defense Attorney 148.50, Waste Mgt Trash Removal 258.35, Wernke, Laurie Bd Exp Fees (Minnehaha) 40.53, Wheeler Mfr Store Inventory 143.19, Whittier Apt Welfare Rent 63.00, Winner Police Depart Extradition & Evidence 204.40, Wolles, Edward J Right Of Way 2,600.00, Xcel Energy Electricity 10,167.64, Xcel Energy Road Maint & Material 17.00, Xcel Energy Welfare Utilities 3,100.72, Yankton County Return Of Svc 350.00, Yogi Holdings Motels 1,050.00.
REPORTS
The following reports were received and placed on file in the Auditor’s office: Register of Deeds Statement of Revenue August 2021, Sheriff’s Report for August 2021, Minnehaha County Regional Juvenile, Detention Center Report for July 2021, Auditor’s Financial Reports for August 2021, Highway Department Monthly Construction Projects Update.
PERSONNEL
MOTION by Bender, seconded by Barth, to approve the following personnel actions. 4 ayes
New Hires
1. Destiny Lewis, variable hour Juvenile Correctional Worker, Juvenile Detention Center, $15.50/hour effective 9/20/2021.
2. Elise Ver Hey, variable hour Juvenile Correctional Worker, Juvenile Detention Center, $15.50/hour effective 9/20/2021.
3. Martin Fernandez, John Kludt, and Ashlynn Montecuollo, Correctional Officers, Jail, $19.86/hour (13/1) effective 9/20/2021.
4. Kylie Flores, Corrections Systems Operator, Jail, $17.13/hour (10/1) effective 9/20/2021.
5. Tracy Miller, Senior Deputy Public Advocate, Public Advocate’s Office, $2,873.60/biweekly (22/3) effective 9/27/2021.
6. Ariane Devine and Jody Nitz, Tax and License Technicians, Treasurer’s Office, $17.13/hour (10/1) effective 9/27/2021.
7. Lisa Sandburg, variable hour Safe Home Program Worker, Safe Home, $15.50/hour effective 9/28/2021.
8. Kim Williams, variable hour Correctional Officer, Jail, $18.50/hour effective 9/21/2021.
Step Increases
1. Tyler Grong, Senior Building Facilities Maintenance Technician, Facilities Department, $28.76/hour (16/10) effective 9/16/2021.
2. Holly Tetzlaff, Pre-Trial Coordinator, Jail, $19.86/hour (12/3) effective 7/8/2021.
3. Luis Marquez-Davila, Correctional Officer, Jail, $20.35/hour (13/2) effective 9/28/2021.
4. Megan Wollmann, Correctional Officer, Jail, $20.35/hour (13/2) effective 9/28/2021.
5. Thomas Tkach, Correctional Officer, Jail, $21.38/hour (13/4) effective 9/11/2021.
6. Steffanie Krueger, Correctional Officer, Jail, $24.18/hour (13/9) effective 8/4/2021.
7. Benjamin Devlin, Exhibits Assistant, Museum, $21.38/hour (12/6) effective 9/27/2021.
8. Emily Klein, Legal Office Assistant, Public Defender’s Officer, $17.55/hour (10/2) effective 8/17/2021.
9. Corey Metter, Air Guard Security Officer II, Air Guard, $23.03/hour (13/7) effective 9/13/2021.
10. John Heupel, Deputy Sheriff, Sheriff’s Office, $24.80/hour (17/2) effective 8/10/2021.
11. Joshua Bartscher, Deputy Sheriff, Sheriff’s Office, $25.42/hour (17/3) effective 8/10/2021.
12. Zachary Cegelske, Sergeant, Sheriff’s Office, $35.92/hour (20/11) effective 8/11/2021.
13. Michelle Boyd, Program and Server Manager, Sheriff’s Office, $3,332.00/biweekly (21/13) effective 9/21/2021.
14. Tamira Osman, Legal Office Assistant, State’s Attorney’s Office, $17.55/hour (10/2) effective 9/9/2021.
15. Jennifer Voelker, Tax and License Technician, Treasurer’s Office, $18.89/hour (10/5) effective 8/28/2021.
Other
1. Emma Domino, Correctional Officer for the Jail, on leave without pay effective 9/6/2021 to 9/11/2021.
2. Rescind the hire of Ronda Headrick as Paralegal for the State’s Attorney’s Office.
Special Personnel Action Requests
Upon the request of Jeff Gromer, Chief Deputy Sheriff, MOTION by Bender, seconded by Barth, to approve on a temporary basis two Deputy Sheriff positions over the authorized budget to assist in coverage during military leave deployments beginning in 2021 through 2022. 4 ayes.
ABATEMENTS
Upon the request of Chris Lilla, Director of Equalization, MOTION by Heiberger, seconded by Barth, to deny an abatement of Parcel ID 79379, 2020 Property Taxes, $1,370.12. Roll call vote: 4 ayes.
Upon the request of Chris Lilla, Director of Equalization, MOTION by Heiberger, seconded by Bender, to deny an abatement of Parcel ID 74108, 2020 Property Taxes, $74.54. Roll call vote: 4 ayes.
Upon the request of Chris Lilla, Director of Equalization, MOTION by Heiberger, seconded by Barth, to approve an abatement of Veteran Exemption PT10-4-40, Parcel ID 68689, 2019 Property Taxes, $1,572.32 and 2020 Property Taxes, $2,311.78. Roll call vote: 4 ayes.
BRIEFINGS
Albert Schmidt, Planning and Development, City of Sioux Falls, presented information about the City’s revised Floodplain Management Ordinance and requested that the County adopt portions of that ordinance in the Joint Jurisdiction Area for Minnehaha County and Sioux Falls. The Commission agreed to take this matter under advisement.
Ben Kyte, Auditor, provided the Commission with a final briefing on the FY2022 County Budget prior to asking for approval at the September 28, 2021 County Commission Meeting.
ALCOHOL BEVERAGE LICENSING
Rhonda Bennett, Deputy Auditor, presented an application for a Consume & Blend Alcoholic Beverage License. MOTION by Barth, seconded by Bender, to approve a Consume & Blend Alcoholic Beverage License for the Paul Bruggeman Anniversary to take place on October 23, 2021., at the Izaak Walton League, Sioux Falls Chapter, beginning at 8:00 p.m. and ending at 12:00 a.m. By roll call vote: 4 ayes.
AGREEMENTS
Steve Groen, Highway Superintendent, presented an Agreement with The SDDOT to use Highway Safety Improvement Program Federal Funding to improve a curve on HWY 115. MOTION by Barth, seconded by Heiberger, to authorize the chair to sign the SDDOT Agreement for Project MC21-18; PH00SW (118), PCN 07CG. The agreement provides 90% funding for improving the safety of a curve located at the south end of County Highway 115 (481st Avenue) at its junction with County Highway 150 (268th Street). 4 ayes.
Shannon Schultz, Assistant Highway Superintendent, reported on the September 14, 2021, bid opening for Project MC-21-17, Township Small Structures Inventory. Three bids were received for the following companies: Short Elliott Hendrickson, Inc. (SEH), $57,211.00; Banner Associates, $86,646.00; Stantec Consulting Services, Inc., $91,431.00. Staff recommended awarding the bid to the lowest bid, SEH. 100% of the costs for this inventory are covered by funds provided to Minnehaha County, by the State of South Dakota, through House Bill 1259. MOTION by Heiberger, seconded by Barth, to authorize chair to sign an agreement with SEH to conduct a county-wide culvert inventory and assessment. 4 ayes.
AMENDMENT
Keith Wynia, Air Guard Division Supervisor, presented Amendment #1 to the Joint Security Protection Agreement between South Dakota Department of the Military and Minnehaha County. The amendment increases the FY2021 federal funding by $215,900.00 to cover projected expenditures for the rest of the fiscal year. MOTION by Barth, seconded by Heiberger, to authorize the Chair to sign Amendment #1 to the Joint Security Protection Agreement with South Dakota Department of the Military to increase the FY2021 funding resulting in a total funding amount of $1,147,700.00. 4 ayes.
NUSIANCE
Kevin Hoekman, Planner II, presented proof of action taken in response to Nuisance complaint by owner of property legally described as Tract 1, Gaddis Addition, Section 18-T101N-R50W Wayne Township. MOTION by Hieberger, seconded by Barth, to take no further action on the nuisance complaint. 4 ayes.
AMENDMENT
Upon the request of Amos Abu, Housing Clinic Coordinator, MOTION by Bender, seconded by Heiberger, to authorize the chair to sign Amendment #1 to the May 1, 2020 Accessible Housing Advisory Board Joint Powers Agreement between Minnehaha County and the City of Sioux Falls. The Amendment allows for the dissolution of the Homeless Advisory Board and the Affording Housing Advisory Board and replace them with an Accessible Housing Advisory Board. The Amendment redefines the operational area as the greater Sioux Falls area and states that the five citizens at-large members of the board must reside in the City of Sioux Falls or Minnehaha County. 4 ayes.
LIAISON REPORTS
Commissioner Heiberger reported on The South Dakota Association of County Commissioners (SDACC) Annual meeting that was held September 13-14, 2021 in Rapid City. Chair Karsky was elected Vice President of the SDACC Board.
Commission Bender reported on The Accessible Housing Board and the research Augustana University has done on housing gaps. She also reported on IT working with Berry Dunn to select new software for the State’s Attorneys Office.
Commissioner Barth reported on the East Dakota Water District, water quality and redistricting.
Commissioner Karsky reported on the Sioux Metro Growth Alliance trying to expand its footprint area and the ground breaking ceremony for the new Minnehaha County Highway Shop.
NEW BUSINESS
Ben Kyte, Auditor, reminded The Commission of The Tax Deed Sale on September 25,2021.
MOTION by Barth, seconded by Heiberger, to recess at 10.07 am until 10:15 am. 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 Barth, seconded by Heiberger to adjourn. 4 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, September 28, 2021
APPROVED BY THE COMMISSION:
Dean Karsky
Chair
ATTEST:
Rhonda Bennett
Deputy Auditor
Published at the approximate cost of $229.02
Sept. 29, 2021
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Change of name
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
SS:
IN CIRCUIT COURT
2ND JUDICIAL CIRCUIT
In the Matter of the Petition of Karmen Amelia Ruesch For a Change of Name to Sebastian Lestat Ruesch
CIV: 21-2488
NOTICE OF HEARING FOR ADULT NAME CHANGE
NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Karmen Amelia Ruesch the object and prayer of which is to change Petitioner’s name from Karmen Amelia Ruesch to Sebastian Lestat Ruesch. On the 26th day of October, 2021, at the hour of 11:00 am said verified petition will be heard by this Court before the Honorable Sabers 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 15 day of Sept., 2021 at Sioux Falls, South Dakota.
Circuit Court Judge or Clerk of Court
ATTETST: ANGELIA M. GRIES
Clerk of Court
By: Deputy
Published four times at the approximate cost of $49.12
Sept. 22, 29, Oct. 6 & 13, 2021
|
Change of name
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
SS:
IN CIRCUIT COURT
2ND JUDICIAL CIRCUIT
In the Matter of the Petition of Rison James Curtis For a Change of name to Rison James Martines.
CIV: 21-2095
NOTICE OF HEARING FOR ADULT NAME CHANGE
NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Rison James Curtis the object and prayer of which is to change Petitioner’s name from Rison James Curtis to Rison James Martines. On the 2 day of November, 2021, at the hour of 11:00 am said verified petition will be heard by this Court before the Honorable NATALIE DAMGAARD 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 21 day of Sept., 2021 at Sioux Falls, South Dakota.
ANGELIA M. GRIES
Clerk of Court
Published four times at the approximate cost of $45.44
Sept. 29, Oct. 6, 13 & 20, 2021
|
wilka, welter & ash, llp
__________ Notice __________
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
:SS
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
EMMANUEL POUR,
Plaintiff,
Vs.
TYSHAUNA LYONS,
Defendant.
CIV. 16-205
SECOND AMENDED NOTICE OF HEARING
TO THE ABOVE-NAMED PLAINTIFF, GREETINGS:
YOU WILL PLEASE TAKE NOTICE that a hearing on the Defendant’s Motion to Return Custody, will come on regularly for hearing before the Hon. Sandra Hoglund Hanson, Circuit Court Judge, in Courtroom 4D at the Minnehaha County Courthouse in Sioux Falls, South Dakota, on October 19, 2021, at the hour of 9:30am.
Dated this 20th day of September, 2021.
WILKA, WELTER & ASH, LLP
/s/ John M. Wilka
300 N. Dakota Avenue, Suite 510
Sioux Falls, SD 57104
605-338-9711
Attorney for Defendant
The Motion to Return Custody and Affidavit of Tyshauna Lyons were filed on June 8, 2021, in Minnehaha County, South Dakota.
Published four times at the approximate cost $50.36
Sept. 22, 29, Oct. 6 & 13, 2021
