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BV Challenger legals: 8/26
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EmailAugust 25. 2009 6:00AM
Olson Estate
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
FILE NO.
ESTATE OF
CLARENCE W. OLSON, Deceased
NOTICE TO CREDITORS
Notice is given that on July 31, 2009 David Alan Olson, whose address is 316 N. Cherry, Lennox, South Dakota, 57039, was appointed as personal representative of the estate of Clarence W. Olson.
Creditors of decedent must file their claims within four months after the date of the first publication of this notice of their claims may be barred.
Claims may be filed with the personal representative or may be filed with the clerk and a copy of the claim mailed to the personal representative.
Dated August 3, 2009.
/s/ David Alan Olson
David Alan Olson
316 N. Cherry
Lennox, SD 57039
(605) 647-2328
Charles Fechner
Clerk of Courts
425 N. Dakota Ave.
Sioux Falls, SD 57104
Brenda M. Ask
Frieberg, Nelson & Ask L.L. P.
P.O. Box 38
Canton, SD 57013-0038
(605) 987-2686
C-8/19- 9/2 Olson Ad#1225466
Brandon
NOTICE TO BIDDERS
Sealed bids shall be received by the City Council of the City of Brandon, South Dakota, at the office of the Municipal Finance Officer of said city until 10:00 a.m. on September 3, 2009, and will be publicly opened and read.
This project involves the construction of a detention pond facility near Aspen Boulevard on the east side of the city. The scope of work includes approximately 76,000 CY of unclassified excavation to shape and grade the pond as proposed. Incorporated into the design are best management practices (BMP) with a structure proposed at the outlet. Also included in the plan is a box culvert extension at Aspen Boulevard with an outlet weir structure included.
The bidder shall submit the proposal on the form prescribed and proposals will be rejected if they show any conditions or uncalled for alternate bids. All bids shall be on the basis of cash payment according to the terms of the bid specifications.
A resident bidder is allowed a preference as against the bid of any bidder from any other state enforcing or having a preference for resident bidders, equal to such preference.
Each proposal must be accompanied by a certified check, cashier's check, or draft for five (5) percent of the amount of the bid, such check to be certified or issued by either a State or National bank domiciled within this State and payable to the City of Brandon, South Dakota, or in lieu thereof, a bid bond for ten (10) percent of the amount of the bid, such bond to be issued by a surety authorized to do business in this state payable to the City of Brandon, South Dakota. This sum is a guarantee that if the proposal is accepted, a contract will be entered into and its performance properly secured.
The City of Brandon reserves the right to retain the bid security of the three lowest bidders for a period not to exceed 30 days after the date and time set for opening of the bids. The City of Brandon reserves the right to reject any or all bids or any parts thereof.
The successful contractor and subcontractors on this project must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.
The low responsive bidder will be required to certify to compliance with the Buy American Iron, Steel, and Manufactured Goods provision of the American Recovery and Reinvestment Act of 2009. The certification form found on page BA-5 of the State Revolving Fund (SRF) General Conditions for American Recovery and Reinvestment Act of 2009 Projects must be included in the bid proposal.
Please be advised that waivers or exemptions from the Buy American provision that cite International Trade Agreements do not comply with the American Recovery and Reinvestment Act (ARRA) as it applies to the SRF programs. Claims from suppliers that the Buy American Iron, Steel, and Manufactured Goods provision does not apply to certain products based on the International Trade Agreement exemptions of the ARRA will not be accepted. Bidders on this work will be required to comply with the Presidents Executive Orders Number 11246 as amended, 11518, and 11625 as amended. The requirements for bidders and contractors under these orders are explained in the specifications.
Bidders on this work will be required to comply with Title 40 CFR 33.240 and Executive Order 12138. The requirements for bidders and contractors under this regulation which concerns utilization of Disadvantaged/Minority Business Enterprises (DBE/MBE) and Women’s Business Enterprises (WBE) are explained in the specifications. The DBE/MBE and WBE goals for participation in this contract in terms of percentage of contract value are as follows:
MBE – 1.0%
WBE – 3.0%
Copies of the specifications are on file at the Office of the Municipal Finance Officer, 304 Main Avenue, Brandon, South Dakota and may be obtained from the office of Stockwell Engineers, Inc., 600 N. Main Avenue, Suite 100, Sioux Falls, SD 57104.
Dennis E. Olson
Municipal Finance Officer
Published twice at the approximate cost of $87.48.
C-8/19,26 Bid Ad#1225424
Corson Village Sanitary
NOTICE OF VACANCY - CORSON VILLAGE SANITARY DISTRICT
Two (2) vacancies will occur in the offices of Trustees of the Corson Village Sanitary District, due to the expiration of the terms of Trustee, Kathy Easton, Secretary and Carolyn Johansen, Trustee.
Nominating petitions may be filed with the Secretary of District at her residence at 26015 Jackson Ave., Corson, SD 57005, from 8:00am to 5:00pm, Mon - Fri beginning August 23, 2009, but no later than September 3, 2009.
Kathy Easton,
Secretary, Corson Village Sanitary District
Published twice for an approximate cost of $23.50.
C-8/26,9/2 Not Ad#1226401
Garretson
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the Garretson City Council, acting as a Board of Adjustment, will hold a public hearing on the 14th day of September, 2009, at 6:30 p.m. at the Garretson City Hall to consider the request for a fence up to front property line variance on said property.
The legal description is: Lot 23, Block 2 of Royces 3rd Addition to the City of Garretson, Minnehaha County, South Dakota (312 Depot Ave.)
NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.
Dated this 14th day of September, 2009.
Anna Uhl
Finance Officer
Published once at the approximate cost of $18.94.
C-8/26 NOH fence Ad#1226442
Garretson
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the Garretson City Council, acting as a Board of Adjustment, will hold a public hearing on the 14th day of September, 2009, at 6:30 p.m. at the Garretson City Hall to consider the request for a steel roof variance on said property.
The legal description is: Hartman’s Tract 2B SW1/4, 16 103 47 Garretson Cit Unplatted to the City of Garretson, Minnehaha County, South Dakota (48616 253rd St.).
NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.
Dated this 14th day of September, 2009.
Anna Uhl
Municipal Finance Officer
Published once at the approximate cost of $18.61.
C-8/26 NOH roof Ad#1226449
City of Garretson
August 18, 2009
The City Council of the City of Garretson, Minnehaha County, South Dakota met in special session onTuesday, August 18, 2009 at 6:30 p.m. at City Hall, with Mayor Gloria Sanders presiding.
6:30 P.M. Mayor Sanders called the special meeting to order with the Pledge of Allegiance.
ROLL CALL: Jodi Gloe – Ward III; Thomas Godbey – Ward II; Greg Franka – Ward I; Greg Beaner – Ward III - Absent; Thomas Lines – Ward II; Andy Gilbert – Ward I
OTHERS IN ATTENDANCE: Finance Officer Jami Blosmo, Anna Uhl & Owen Wiese
(NOTE: All attendees hereinafter to be referred to by last name and first initials when necessary)
ORDINANCES & RESOLUTIONS:
Resolution 2009-11 – Financial Authorization Resolution – Franka read, Lines made a motion to adopt as amended, Gilbert 2nd, 5 Ayes, 0 Nays, 1 Absent.
City of Garretson
RESOLUTION #2009-11
A RESOLUTION AUTHORIZING FIRST BANK & TRUST OF GARRETSON REPRESENTATIVES
WHEREAS, The First Bank & Trust of Garretson (herein referred to as Financial Institution) is designated as a depository for the funds of the City of Garretson (herein referred to as the Corporation) and to provide other financial accommodations as indicated on the attached resolution of formatted banking powers, requirements and certifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARRETSON, SOUTH DAKOTA, does grant the following to be agents for the corporation as spelled out on the attached bank form:
Anna Uhl, City Finance Officer (effective August 24, 2009)
Gloria J. Sanders, Mayor
Greg Beaner, Council President
Adopted this 18th day of August, 2009.
Gloria J. Sanders
Mayor of the City of Garretson
(SEAL)
ATTEST:
Jami Blosmo
City Finance Officer
Resolution 2009-12 – Risk Management & Loss Control
Resolution 2009-13 – 2010 Capital Accumulations – Discussion ensued. No action taken.
Ordinance 593 – 2010 Appropriations Ordinance - Discussion ensued regarding the preparation of the 2010 budget. No action taken.
Gloria Sanders, Mayor
ATTEST
Jami Blosmo
Finance Officer
(Unapproved)
Published once at the approximate cost of $33.00.
C-8/26 Min 8/18 Ad#1226456
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on August 12, 2009 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Blaine Jones, Dan Mostek, and Mayor Larry Beesley. Others present were: City Engineer Representative, Jon Brown, Stockwell Engineers, Inc.; Public Works Director, Wayne Fletcher, Director of Human Resources, Dan Oakland; Police Chief David Kull and Recording Clerk, Bonnie Nelson. Absent Mindy Hansen, Don Hammond, and Brett Karber.
The Council discussed the items on the agenda for the upcoming August 17, 2009 regular Council meeting. No formal action was taken.
At 6:01 p.m., having no further business, Mayor Beesley declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on August 17, 2009 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Mindy Hansen, Blaine Jones, Brett Karber, Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator /Finance Officer, Dennis E. Olson; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Director of Human Resources, Dan Oakland; Clerk, Bonnie Nelson; Public Works Director, Wayne Fletcher; and Golf Pro, Zane Swenson. Absent: Roger Brooks and Don Hammond.
Alderman Jones moved Alderman Mostek seconded to approve the agenda as presented. Motion carried.
Alderman Karber moved Alderwoman Hansen seconded to approve the minutes of the July 30, 2009 briefing meeting and the August 3, 2009 regular meeting. Motion carried.
Alderman Mostek moved Alderman Jones seconded to approve the following claims. Motion carried.
VENDOR, DESCRIPTION, AMOUNT: A & B Business, Copy Charges, 151.46; A-1 Septic Tank, GC Repairs, 125.00; Alliance Communications, Utilities, 2,175.52; Alternative HR Development, Professional Services, 2,060.00; American Water Works Association, Water Annual Dues, 71.00; A-Ox Welding Supply, Street Rental, 9.00; Applied Concepts, Police Supplies, 96.00; Argus Leader Media, Publications, 258.08; BD Promotions, Summer Rec Supplies, 396.31; Beal Distributing, GC Resale, 6,253.70; Blaines Service, Police Repairs, 11.00; Bob’s Lock & Key, Police Supplies, 45.00; Border States Electric, Park Supplies, 74.82; Brandon Lumber co, Various Dept Supplies, 6,349.44; Brandon Materials Comp, Bluffs Park, 1,237.50; Brandon True Value, Various Dept Supplies, 1,671.26; Brandon Valley School District, Fuel, 3,583.20; Brock White Co LLC, Street Supplies, 6,145.92; Brown & Saenger, Various Dept Supplies, 670.24; Butler Machinery Company, Park Supplies, 206.58; Campbell’s Supply, Sewer Supplies, 410.00; Chesterman Co, GC Lounge Pop, 1,268.00; Cleveland Golf, Pro Shop Resale, 90.64; Coffee Cup, Fuel, 75.20; Concrete Materials, Street & Park Supplies, 6,004.39; Crescent Electric Supply, Park Supplies, 97.98; Dakota Beverage, GC Resale, 5,297.35; DeJager Plumbing & Heating, Repairs, 528.15; DirecTV, GC Utilities, 31.19; Dust-Tex, Mat Service, 116.56; Ecolab Pest Elimination, GC Services, 251.00; EnviroMaster, GC Supplies, 110.09; Fastenal Company, GC Supplies, 53.45; Fjerless Mowing & Trimming, Mowing, 235.00; Furby’s Auto Repair, Police Repairs, 841.86; G & K Services, Community Room Linens, 1,578.05; GeoTek Engineering & Testing Services, Park Soccer Complex, 225.00; Grainger, Water & Sewer Supplies, 227.88; Hach Company, Water Chemicals, 302.98; Hauff Mid-America Sports, Park Supplies, 500.00; Hawkins Water Treatment, Water & Pool Chemicals, 7,035.18; Hunt Law Office, Professional Services, 162.50; Inter-Lakes Community Action, Transit June Bus Expense, 5,104.28; Jensen Electric, Various Projects, 17,577.76; Jerry’s Excavating, Various Projects, 2,450.00; Johnson Brothers Famous Brands, GC Resale, 1,037.03; Malloy Electric Bearing Supply, Streets Supplies, 85.99; Manley Tire & Oil Service, Park Supplies, 36.59; Marv’s Sanitary Service, Utilities, 442.50; McGreevy Clinic, Sewer Professional Services, 765.36; Meierhenry Sargent LLP, Professional Services, 7,500.00; Meyer Laboratory, Sewer Supplies, 347.04; MidAmerican Energy, Utilities, 842.32; Midwest Turf & Irrigation, GC Supplies, 395.56; Modern Woodmen of America, Start Up for New Employee, 25.00; Myrl & Roy’s Paving, Streets Supplies, 7,622.50; Newman Traffic Signs, Various Dept Supplies, 477.56; Northern Water Works Supply, Water Meter Supplies, 2,805.30; One Call Systems, Locate Tickets, 121.00; Palisades Oil Co, GC Fuel, 671.92; PepsiAmericas, GC Lounge Pop, 1,856.88; PING, Pro Shop Resale, 141.27; Print Express, GC Supplies, 174.95; Professional Mailinig & Marketing, July billing, 808.81; Queen City Wholesale, GC Resale, 2,539.74; Republic National Distributing Comp, GC Resale, 1,163.46; Sam’s Club, Various Dept Supplies, 2,436.64; SD Dept of Revenue, Sale tax for July, 12,807.93; SD Police Chief’s Association, Police Training, 104.27; SD Section of AWWA, Water dept-seminar, 45.00; Second Chance Rescue Center, July Calls, 244.64; Sigler Fire Equipment, GC Supplies, 35.92; Sioux Falls Networks, Professional Services, 169.00; Sioux Falls Rubber Stamp, Police Supplies, 18.75; Soo Sanitary Trenching & Backhoe, Various Projects, 428.40; Stitch N Nitch, Water Supplies, 64.16; Streicher’s, Police Equipment, 340.98; Sturdevant’s Auto Parts, Various Dept Supplies, 1,290.13; Sunshine, Various Dept Supplies, 811.79; Sure Test, Professional Services, 239.20; SystemDudes Inc, GC Professional Services, 47.70; Titleist, Pro Shop Resale, 236.02; Tony’s Catering, July Caters, 7,039.50; Turfwerks, GC Equipment, 13,000.00; US Food Service, GC Lounge Food, 4,257.27; US Postmaster, July billing, 1,128.96; Vantek Communications, Water Supplies, 75.00; Vogel Motors, Police Repairs, 443.99; Xcel Energy, Utilities, 3,256.96; First National Bank, 2007 Chestnut Blvd Middle, 35,280.92; First National Bank, 2007 Holly Project, 118,481.58; First National Bank, 2007 NE Lift & Express Ave, 4,650.52; First National Bank, 2008 Stone Ridge Booster Station, 39,321.18; First National Bank, 2000 Redwood Blvd Bond, 48,526.73; First National Bank, 2002 N Sioux Blvd Bond, 63,142.92; First National Bank, 2004 Park St Bonds, 35,868.55; First National Bank, 2006 Chestnut Blvd South, 49,847.50; First National Bank, 2005 Fire Station Payment, 18,117.90; First National Bank, 2006 Conference Center, 69,012.56; City Administration, August 6, 2009 Payroll, 1,971.23; Deputy Finance Officer, August 6, 2009 Payroll, 1,894.18; Govt Bldg, August 6, 2009 Payroll, 117.67; Police, August 6, 2009 Payroll, 14,704.49; Building Inspections, August 6, 2009 Payroll, 2,526.24; Street Department, August 6, 2009 Payroll, 6,908.47; Summer Rec, August 6, 2009 Payroll, 955.23; Pool, August 6, 2009 Payroll, 13,533.11; Park Department, August 6, 2009 Payroll, 6,684.97; Chamber of Commerce, August 6, 2009 Payroll, 1,056.82; Water Department, August 6, 2009 Payroll, 5,068.27; Sewer Department, August 6, 2009 Payroll, 2,130.56; Golf Course Grounds, August 6, 2009 Payroll, 7,860.36; Golf Course Lounge, August 6, 2009 Payroll, 3,707.26; Golf Course Pro Shop, August 6, 2009 Payroll, 6,310.06; Golf Course Community Room, August 6, 2009 Payroll, 3,532.50; 941 Payroll Taxes, August 6, 2009 Payroll, 21,648.87; OFC/Child Support Enforcement, August 6, 2009 Payroll, 174.92; SD Retirement System Supplemental, August 6, 2009 Payroll, 955.00; TASC Flex Plan, August 6, 2009 Payroll, 1,689.46; Johnson, Rodenburg & Lauinger, August 6, 2009 Payroll, 65.00
Alderman Karber moved Alderman Mostek seconded to give second reading to Ordinance #458 that will re-zone property described as Lot A, B, C of Block 1, Eagle Creek Addition, (1425, 1501, 1505 Meadowbrook Trail) from General Business to R-1, Single-Family. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 206 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 Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
Alderman Karber moved Alderman Jones seconded to give first reading to Ordinance #459. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ADDING TO APPENDIX A OF THE BRANDON MUNICIPAL CODE UPDATING THE FLOODPLAIN REGULATIONS. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
Alderman Jones moved Alderman Mostek seconded to give first reading to Ordinance #460. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ADDING CHAPTER 15-1-9 TO THE BRANDON MUNICIPAL CODE ALLOWING CONDITIONAL USE CONSIDERATIONS IN ZONING DISTRICTS OF ANY LESSOR ZONING. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
The Water & Sewer Committee report was heard. Alderman Mostek moved Alderwoman Hansen seconded to set a bid opening date of Thursday, September 3, 2009 for the Bethany/Country Club/Sunrise Area Drainage Project. Motion carried.
RESOLUTION #26-09
WHEREAS, on April 16, 2009 at Brandon City Hall, bids were publicly opened and read, as advertised for an Industrial Valve Operator & Vacuum Trailer.
WHEREAS, the following bids were received:
E. H. WACHS Co., 455 Comanche Circle, Harvard, IL: Base Bid $45,245.00; Option 1, $4,795.00; Option 2, $3,500.00; Option 3, $ None; Option 4 $1,195.00; Option 5, $2,950.00; Option 6, $2,245.00; Demo, $41,995.00
Dakota Supply Group, 1409 K Avenue, Sioux Falls, SD: Base Bid, $44,641.27; Option 1, $7,091.21; Option 2, $8,175.75; Option 3, $785.87; Option 4, $3,989.43; Option 5, $1,847.05; Option 6, $11,678.81
WHEREAS, the Brandon City Council accepted the low base bid from Dakota Supply Group for $44,641.27 at the April 20, 2009 City Council meeting.
WHEREAS, following acceptance of the Dakota Supply Group bid, it was determined that Dakota Supply Group is unable to meet certain specifications of the bid.
WHEREAS, E.H. Wachs, Co., has agreed to provide the Industrial Valve Operator & Vacuum Trailer at the same price as it bid on April 16, 2009.WHEREAS, SDCL 5-18-9 authorizes the City Council to, accept the bid of the next lowest responsible bidder when the lowest bidder is not responsible or the bid is not made in accordance with the requirements of this chapter or the low bid is withdrawn.
THEREFORE BE IT RESOLVED, by the Brandon City Council, that the bid submitted by E.H. Wachs Co., in the amount of $45,245.00 be accepted.
Dated this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Street Committee and the Administration Committee reports were heard.
The Park & Recreation Committee report was heard. Alderman Jones moved Alderman Karber seconded to hire Gabe Langer at the Skateboard Park, $7.50 per hour and Jim Zoellner, Golf Course Maintenance, $8.50 per hour for the rest of the 2009 summer season. Motion carried.
The Police Committee report was heard.
The Golf Course Committee report was heard. Jeff Gray of 117 W. Fir Street approached the Council regarding concerns at the Brandon Municipal Golf Course. No formal action was taken.
At 6:30 p.m. a public hearing was held, as advertised, to consider improving drainage in Country Club Heights, Sunrise Addition, and the Bethany Meadows area. John Burkman appeared with questions about the project. Alderman Karber moved Alderman Jones seconded to adopt Resolution #25-09. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
RESOLUTION #25-09
WHEREAS, the City of Brandon has adopted Resolution #07-08 adopted on April 7, 2008 to improve substantially, the drainage on the property in Country Club Heights Second Addition and Sunrise Estates, all in the City of Brandon, Minnehaha County, South Dakota.
WHEREAS, the City of Brandon has caused the Country Club Drainage Project to be constructed.
WHEREAS, the assessment roll has been filed in the office of the Municipal Finance Officer by the City Engineer on July 27, 2009.
WHEREAS, the City Council of the City of Brandon has reviewed the assessment roll and found it to be correct and has held the required public hearing prior to the adoption of this resolution.
THEREFORE LET IT BE RESOLVED that the assessment roll for the Country Club Drainage Project is approved and that the Assessments may be prepaid at any time, at the office of the Municipal Finance Officer, within 30 days after approval of the assessment roll. The assessments will be collected under Plan One and will become due and payable at the office of the Country Treasurer in ten installments, together with interest not to exceed seven percent per annum, with the general taxes and will be payable at the County Treasurer’s office on January 1, 2007; the remaining installments with interest no to exceed seven percent annum will become due and payable on an annual basis at the County Treasurer’s office on January 1, of each following year until the total assessment, with interest, is paid in full. Installments paid prior to due dates deemed paid in reverse order.
Dated this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
At 6:55 p.m. on a motion by Alderman Mostek seconded by Alderman Jones the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $140.64.
C-8/26 Min 8/17 Ad#1226766
Brandon
ORDINANCE #458
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 206 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.
WHEREAS the Brandon Planning and Zoning Commission held a public hearing on July 16, 2009, as required by law, and made a “do pass” recommendation to the City Council to re-zone property described as Lot A, B, C of Block 1, Eagle Creek Addition, (1425, 1501, 1505 Meadowbrook Trail) from GB, General Business to R-1, Single-Family.
WHEREAS the Brandon City Council held a public hearing on August 3, 2009 as provided by law and approved the re-zoning of the property by giving a first reading to this ordinance and approved a second reading of this ordinance on August 17, 2009.
THEREFORE, BE IT HEREBY ORDAINED BY THE CITY OF BRANDON, SOUTH DAKOTA: That the Zoning Ordinance of the City of Brandon, South Dakota, Ordinance Number 452, and the official zoning map of the City of Brandon, South Dakota be amended, to show a re-zoning of the following described proper from GB, General Business to R-1, Single-Family.
Lot A, B, & C, Block 1, Eagle Creek Addition, at 1425, 1501, & 1505 Meadowbrook Trail.
Adopted this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: August 3, 2009
Second Reading: August 17, 2009
Published: August 26, 2009
Effective Date: September 15, 2009
Published once at an approximate cost of $30.19.
C-8/26 Ord Ad#1226769
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED IN JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 5:00 P.M., August 17, 2009, pursuant to adjournment on August 11, 2009. Commissioners present were: Pekas, Barth, Kelly, and Twedt. Commissioner Hajek was absent. Sandy Kinder, Deputy Auditor, was also present.
City Council Members present: Anderson, Beninga, Brown, Costello, Jamison, Knudson, Litz, and Staggers. Mayor Munson was absent.
Chairman Pekas called the meeting to order.
Scott Anderson, Planning Director, was present for an appeal of the Joint Planning Commission decision to approve Conditional Use Permit 09-45, to allow a group daycare facility on property legally described as Tract 31 & 32 Meadow View Tracts North NE1/4 SE1/4 in Section 21-T102N-R49W. The property is located at 6704 & 6708 N 9th Avenue, Sioux Falls. Mr. Anderson explained that the decision tonight will be to 1) uphold the approval by the Joint Planning Commission; 2) approve the CUP with additional conditions; or 3) overturn the Joint PC decision and deny the permit. He also noted that the decision should be based on a land use perspective. The permit was approved with a number of conditions. The daycare will be operated in an accessory building next to the residence and has a maximum limit of 12 children. There were concerns expressed on an above ground swimming pool as well as dogs (pit bulls) being kenneled on the property. Traffic in the subdivision would also increase with cars dropping off and picking up children. Commissioner Pekas commented on a letter from the Renner Sanitary District's attorney regarding a sewer hook-up for the daycare building. Mr. Anderson believed the issue was resolved. Assistant City Attorney Gail Eiesland reported that the dog issue could be tied to land use due to the potential for additional noise, but it would not be likely. Mr. Anderson reported that there is one other daycare in the immediate area operating without a CUP because they do not have more than 6 children. Ernest Claxton, applicant, explained that he does breed a rare breed of dog at the residence and has installed a double fence kennel on the property for the dogs. He explained that planes fly over the subdivision daily and did not feel the children would create any more of a noise issue. The daycare would be operated by the applicant's mother. Mr. Claxton explained that he has already invested a large amount of money into the project and would install a fence around his pool once all permits for the daycare are obtained. Brian Johnson, opponent, spoke on behalf of himself and other neighbors who opposed the CUP. He expressed concern over decreased property values, traffic, road maintenance, noise, dogs, precedent to allow other businesses, and enforcement. He stated that those in opposition are left with the option of putting up with the daycare or moving. Mr. Johnson also reported that the neighbors personally contributed around $15,000 for road improvements to their development and were concerned about the additional traffic that would be generated from the daycare. Mr. Anderson explained that the CUP goes with the single family residence, so the accessory building housing the daycare could not be broken off and sold. MOTION by Twedt, seconded by Barth to uphold the Joint Planning Commission decision approving CUP 09-45 and adding a condition that the permit stays with the current owner and becomes void upon sale or transfer of the property. 2 ayes, Kelly and Pekas - nay. Commissioner Kelly expressed opposition because of the additional wear on the roads, parking, and the applicant's dogs. Commissioner Twedt explained that the state will look at other factors in the application process. MOTION by Twedt, seconded by Barth to uphold CUP 09-45 with the conditions set by the Joint Planning Commission. 3 ayes, Kelly - nay. City concurred.
Pat Herman, Planner, was present for the scheduled hearing to consider text amendments in the industrial, agricultural, and definition sections related to junkyards/salvage, recreation, produce sales, and bed & breakfasts in the 2002 Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls. The changes were recommended by both the City and County Planning Commissions. No one spoke in opposition. MOTION by Twedt, seconded by Barth to approve Ordinance MC30-22-09. 4 ayes. City concurred. The entire ordinance is on file in the County Auditor's office.
Bill Hoskins, Museum Director, presented the Siouxland Heritage Museums 2010 budget. The requested Operations budget is $1,143,187, an increase of $48,246 over 2009. The City will provide $590,401 and County $590,401 for the budget. The proposed budget also includes the Museum Special Enterprise Fund at $85,350 and the Museum Store Fund at $27,928. MOTION by Twedt, seconded by Barth to approve the 2010 Museum Operations, Museum Enterprise Fund, and Museum Store Fund budgets. 5 ayes. City concurred.
Sally Felix, Library Director, presented the Siouxland Libraries 2010 budget of $6,620,359. The County's share for 2010 is $910,000. MOTION by Barth, seconded by Hajek to approve the 2010 Siouxland Libraries budget. 4 ayes. City concurred.
Ona Reker, Metro Communications, presented the Metro Communications Agency 2010 budget of $3,888,797, an increase of $51,476 from 2009. The County will provide $397,215 for the budget. The remainder will be supported by the monthly 911 surcharge revenue and the City's contribution. MOTION by Kelly, seconded by Twedt to approve the 2010 Metro Communications Agency budget. 4 ayes. City concurred.
MOTION by Twedt, seconded by Kelly to adjourn until 9:00 a.m. on Tuesday, August 18, 2009. 4 ayes.
APPROVED BY THE COMMISSION:
John Pekas,
Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $106.36.
1226299-02 Aug. 26, 2009
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., August 18, 2009, pursuant to adjournment on August 17, 2009. Commissioners present were: Pekas, Barth, Kelly, and Twedt. Commissioner Hajek was absent. Also present were Sandy Kinder, Deputy Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Pekas called the meeting to order.
AGENDA
MOTION by Kelly, seconded by Barth to approve the Agenda. 4 ayes.
MINUTES
MOTION by Twedt, seconded by Barth to approve the Minutes for August 11, 2009. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Kelly to approve the following bills totaling $364,475.48 for payment. 4 ayes.
A & B Business Equip Var. Depts, 499.35; A to Z World Languag St Atty, 150.00; ABN Army Surplus Air Guard, 59.00; Allied Oil & Supply Hwy Constr, 123.00; American Institution JDC, 1,114.21; Argus Leader, Var. Depts 2,482.14; Around The Clock/Dra JDC, 72.95; Arrow Ridge Townhome Human Svcs, 365.00; Avera Health Informa Public Def, 63.30; Avera Heart Hosp Of Human Svcs 5,387.75; Avera McKennan Hospi St Atty, 220.00; Avera Queen of Peace Hwy Admin, 49.50; Benz, Vergil C, Human Svcs, 400.00; Best Business Produc Reg Deeds, 42.90; Billion's, Sheriff, 35.88; Bosch, Curt, Human Svcs, 485.00; Boulevard Investment Human Svcs, 300.00; Boyd, Michelle, Sheriff, 550.00; Brooks Const Svcs In Hwy Constr 24,900.00; Builders Supply Comp Var. Depts 1,490.81; C & J Sayles, Inc. Mus Store, 128.67; Campbell Supply Co I Var. Depts, 197.59; Catco, Hwy Constr, 15.56; CBM Food Service JDC, 5,558.64; Century Business Pro Var. Depts, 604.16; Chang, Hyun, Human Svcs, 500.00; Cleveland Heights Ap Human Svcs, 337.50; Concrete Materials Hwy Constr 57,403.05; Constellation New En Facilities 5,736.63; Country View MHC Human Svcs, 791.84; Culligan Water Condi Human Svcs, 36.00; Dakota Data Shred Facilities, 96.47; Dakota Intl Trading Em Mgmt, 1,291.00; Dakota Security Syst Facilities, 114.80; Danko Emergency Equi Em Mgmt, 836.01; Davis, Kory, Human Svcs, 500.00; Decastro Law Office, Courts, 405.90; Delux Motel / Dakota Human Svcs, 250.00; Dennis Supply Co. - Facilities, 243.24; Diamond Vogel Paint Hwy Constr, 14.65; Dooyema, Eric J, Public Def, 55.76; Ebert's Properties, Human Svcs 1,485.00; Elite Business Syste Human Svcs, 95.00; Emdeon Business Serv Human Svcs, 39.95; Family Service Inc Human Res, 260.00; Family Vac, Mus Maint, 15.95; Fastenal Company Hwy Constr, 92.25; First Administrators Human Svcs, 131.17; First Premier Bank Sheriff, 58.30; Fluth, Rodney P, Human Svcs, 500.00; Galland Legal Clinic Courts, 897.90; Gearman, Jason, Mental Ill, 209.64; Geotek Engineering & Hwy Constr, 530.50; Glazier, David Alan Human Svcs, 400.00; Glory House, Pass-Thru 5,314.48; Grainger, Inc., Facilities, 241.40; Graybar Electric Com Facilities, 537.55; Hamilton, Jeff, Human Svcs, 450.00; Hammer, Ralph, Hwy Admin, 39.60; Harold's Photo Cente Mus Entpr, 153.87; Help|Line Center, In Human Svcs, 400.00; Historical Folk Toys Mus Store, 172.05; Hobby Lobby Stores I Var. Depts, 93.62; Hoekstra, Denise A. Courts, 38.00; Holiday Mobile Home Human Svcs 1,007.38; Hughes County Sherif St Atty, 14.30; Hurtgen, Timothy T. Human Svcs, 300.00; Hy-Vee Accounts Rece Jdc, 57.53; Inland Truck Parts & Hwy Constr, 39.50; Interstate Office Pr Var. Depts, 640.79; Interstate Power Sys Em Mgmt, 18,218.38; J & S Hospitality db Human Svcs, 196.00; J.C. Penney Company, Facilities, 129.97; Jaros, Pete, Mental Ill, 256.45; JCL Solutions-Janito Facilities, 120.24; Jefferson Partners L Human Svcs 4,155.65; Jim & Ron's Service, Sheriff, 70.00; Johnstone Supply Facilities, 25.43; Keller, Thomas M Courts, 591.18; Klein, Rose, Human Svcs, 500.00; Kleinjan, Pete, Human Svcs, 475.00; Kohl's Department St JDC, 29.99; Kone, Inc., Var. Depts, 179.39; Koopman & Sons Gas C Hwy Constr, 60.00; KTTW-FOX-TV/Independ Mus Ops, 300.00; Lason Systems, Inc. Reg Deeds, 258.30; Lassegaard, Samuel C Human Svcs, 450.00; Lawson Products, Inc Hwy Constr, 137.56; Lewis Drug Stores Extension, 8.78; Lexis-Nexis / Reed E Var. Depts, 296.00; Liebl, Shawn, Human Svcs, 325.00; Linweld, Inc., Var. Depts, 62.51; Ludoc Enterprises In Jail, 592.00; Lutheran Social Serv Var. Depts, 775.00; Malloy Electric Bear Facilities, 80.42; Maxwell Food Equipme JDC, 101.00; McLaughlin, David Human Svcs, 325.00; Meierhenry Sargent L Courts, 1,074.20; Menards - East, Parks, 48.79; Menards - West, Hwy Constr, 74.46; Microfilm Imaging Sy Reg Deeds, 214.20; Midamerican Energy C Var. Depts 1,394.60; Midwest Alarm Compan Extension, 80.00; Minnehaha Cnty Human Human Svcs, 141.60; Minnehaha Cnty Priso Jail, 42.37; Minnesota Bur of Cri Mus Ops, 15.00; Moore Medical Corp. JDC, 60.95; Motorola, Inc., Var. Depts 109,801.00; Murray Const, Human Svcs, 458.00; Myers & Billion LLP Courts, 1,332.60; Nebraska Transport C Human Svcs, 167.69; Norberg Paints, Inc. Pettigrew, 110.48; Northern Safety Tech Hwy Constr, 60.33; Novak Sanitary Servi Var. Depts, 497.94; Nyberg's Ace Hardwar Var. Depts, 47.56; O'Dea, Steve C, Human Svcs, 390.00; O'Reilly Auto Parts Hwy Constr, 279.99; Oakwood Estates/Inve Human Svcs, 800.00; Ode, Gregg, Extension, 21.10; Office Depot, Public Def, 162.02; Overhead Door Compan Facilities, 102.04; P & M Steel Company Hwy Constr 2,152.04; Presto-X-Company Facilities, 424.00; Pride Neon, Inc, Hwy Constr, 114.80; Quill Corp., Public Def, 443.43; Qwest, Var. Depts 3,983.64; R & S Sanitation Ser Hwy Admin, 275.00; Redwood Estates LLC Human Svcs, 400.00; Retail Data Systems Treasurer, 50.00; Russell, Mark, Air Guard, 74.41; Sadat, Sayd Abdul Qa Human Svcs, 500.00; Sanford Hospital - R Human Svcs, 800.00; Schaefer, Dean, Public Adv, 71.40; Schrader, Lloyd, Human Svcs, 450.00; Schuneman Equip Co Hwy Constr, 284.21; SD Dept of Revenue St Atty, 7,717.00; SD Dept of Revenue A Dir of Eq, 440.00; SD Risk Pool, Human Svcs, 635.03; SD Secretary of Stat Public Def, 30.00; Siemonsma, Sue, Extension, 13.70; Sioux Empire FCU 148 Var. Depts, 167.09; Sioux Empire FCU/097 Sheriff, 2,470.21; Sioux Empire FCU/108 Sheriff, 96.22; Sioux Empire FCU/109 Jail, 1,511.83; Sioux Empire FCU/190 St Atty, 388.68; Sioux Empire FCU/215 Sheriff, 201.29; Sioux Empire FCU/260 Em Mgmt, 147.03; Sioux Falls Transit/ Human Svcs, 25.00; Sioux Falls Utilitie Var. Depts, 220.87; Sioux River Ltd Ptnr Human Svcs, 500.00; Sioux Valley Energy Human Svcs, 138.00; Siouxland Trailer Sa Hwy Constr 41,600.00; Smith Publishing Co. Reg Deeds, 318.95; Studts, Lisa, Mus Entpr, 55.87; Sturdevant's Auto Pa Hwy Constr, 104.37; Sunshine Foods, Human Svcs, 88.04; SV Home Medical Equi Human Svcs, 66.00; Target Pharmacy, Human Svcs 1,363.94; Thorin, Deyanira T Public Def, 87.50; Town Park II Apts Human Svcs, 500.00; Travelhost of Sioux Mus Ops, 153.00; Triangle Properties Human Svcs, 300.00; Tronson, Patricia A Human Svcs, 500.00; Tyler Buildings LLC Human Svcs, 400.00; United Parcel Servic Mus Store, 13.04; Urology Institute, P Human Svcs 1,707.60; Vavra, Jeff dba Vavr Human Svcs, 500.00; Velgersdyk, Dr. Scot Human Svcs, 756.00; Velvet Uniforms, Inc Var. Depts, 488.07; Verizon Wireless Var. Depts 6,474.60; Volunteers of Americ Jail, 1,345.22; Wal-Mart Pharmacy Human Svcs, 369.80; Wal-Mart Pharmacy Human Svcs, 8.00; Walgreens Pharmacy Human Svcs, 30.00; Walter, Delmar J Courts, 1,119.00; West Group, Var. Depts 1,736.70; Wheelco Brake & Supp Hwy Constr, 40.08; Wiebesiek, Stacy L Human Svcs, 54.00; Witttrock, Craig Air Guard, 562.80; Wynia, Keith, Air Guard, 205.20; Xcel Energy, Inc. Human Svcs 4,582.66
REPORTS
The following reports were received and placed on file in the County Auditor's Office: Minnehaha County Sheriff's Department Monthly Report; Minnehaha County Regional Juvenile Detention Center Monthly Report, and the Minnehaha County Register of Deeds Official Statement of Recording, Transfer, Marriage, Express Fees, and Overages all for July, 2009.
PERSONNEL
MOTION by Kelly, seconded by Barth to approve the following personnel changes. 4 ayes.
1. To accept the resignation of Scott Dries as Correctional Officer for the Jail effective 8-10-09.
2. To hire Michael Walker as Deputy Sheriff (16/B) for the Sheriff's Office at $19.5551/hour effective 8-21-09.
Step Increases Due:
1. Heidi Jerke - GIS Coordinator - Planning - 19/E to 19/F, 8-23-09, $25.0322/hour
2. Ryan Baker - Correctional Officer - Jail - 13/D to 13/E, 8-18-09, $18.1589/hour
3. Jered Broesder - Correctional Officer - Jail - 13/D to 13/E, 8-20-09, $18.1589/hour
Carey Deaver, Human Resources Director, requested authorization to enter into an agreement with SilverStone Group, Inc. to perform a review of the health benefits program at an estimated cost of $2,000. Ms. Deaver reported that changes are needed to the current health benefits program making this a good time for the review. After the review, recommendations will be presented to the Commission. MOTION by Barth, seconded by Twedt to authorize the Human Resources Director to sign the Consulting Services Agreement. 4 ayes.
NOTICE
Notice was received of the East Dakota Water Development District Board Meeting on 7/20/09.
LIENS
The following lien compromises were recommended by Hauge Associates, Inc.:
MOTION by Barth, seconded by Twedt to release DPNO 46188 in the amount of $743.76 in full upon payment of $300.00 within 10 days. 4 ayes.
MOTION by Barth, seconded by Kelly to release DPNO 62885 in the amount of $943.07 in full upon payment of $565.80 within 14 days. 4 ayes.
AGREEMENT
Trae Umstead, IT Director, presented an agreement to purchase a case management software program to be used by the offices of the State's Attorney, Public Defender, and Public Advocate. It will be integrated with the New World System and will be purchased with funds from the Edward Byrne Justice Assistance Grant program at a cost of $108,000, plus $16,800 for custom interface fees. The annual maintenance fee is estimated at $12,000 and will be paid for by the IT department because the program will be utilized by multiple departments. Commissioner Twedt thanked Assistant Sheriff Michelle Boyd and the Sheriff's department for finding funding to support this program. MOTION by Twedt, seconded by Barth to authorize the Chairman to sign the Agreement for Proprietary Software with Cyberchannel, Inc., dba LegalEdge Software. 4 ayes.
BRIEFING
Lloyd Olson, Facilities Director, briefed the Commission on two power outages that affected the County Campus last week. The first incident was corrected by Xcel Energy and power was restored quickly. The second outage resulted in an interruption of power to the buildings which caused equipment failures and damage. Some department heads elected to dismiss employees due to smoke and odor in the Administration Building. Commissioners discussed whether a generator was needed for the Administration Building and if Homeland Security Grant funds could be used for the purchase. Commissioner Kelly suggested a tabletop exercise to better prepare for future outages.
APPEAL
Phil Kappen, Assistant Planning Director, was present for an appeal of the Planning Commission decision denying a Conditional Use Permit to allow for a rubble dump facility on property legally described as the W1000.89' of Lots B & C of Tract 1, & the W250' S206' E340' of Tract 4, All in Waitt Tracts 1, 2, 3, 4, & 5 inclusive, in the NE1/4 of Section 35-T101N-R51W. The property is located at 46451 267th Street. Mr. Kappen explained that when considering the permit, the county looks at land use and density issues while the state looks at environmental issues. The applicant intends to operate a construction and demolition debris disposal site on the property. The facility would be open from 7 a.m. to 5:30 p.m. Monday through Friday, and has an approximate life span of 10 years. The site is located across from a housing development with 77 lots. Residents in the area already have litter from the existing Sioux Falls Landfill just west of the proposed site. The highway had a daily traffic count in 2008 of 3,528 vehicles per day to the east, and 1,743 to the west. The proposed use would create traffic flow problems on the highway. The impact to wetlands shown in the area was also discussed. Commissioner Pekas announced that the attorney representing the applicant was unable to attend today's hearing due to illness. The Commission will hear from both sides today and defer action until next week. Don Runge, applicant, explained the difference between a disposal facility and solid waste dump. He reported that he conducted a noise test on acceleration and deceleration in the area and found that the increase would be around 1.5 decibels higher than normal traffic. He also reported that he meets the 1000 foot setback requirement of the state. He estimated that the facility would have 10 to 12 trucks entering the driveway per day and he is willing to install a turn lane off the highway. Jack Leininger, opponent, spoke on behalf of several property owners in the area and expressed concerns on the increase in truck traffic, safety, increased access in front of the development, lost revenue for the Sioux Falls Regional Landfill, dust, litter, decrease in property values, and loss of wetlands. He believed the additional traffic would increase congestion in the area and did not feel that turning lanes would alleviate any safety issues. He also believed the city landfill accepted the same materials that would be disposed of at the proposed rubble site and allowing a second site would not be cost productive to the users. He asked who would enforce the conditions if the permit is granted. Jim Larson, Country Villa Road District, reported that at the time of the Planning Commission hearing, signatures were collected from area residents in opposition to the CUP. Those residents were again contacted by Mr. Larson and were still in opposition. Grant Edgecomb, opponent, voiced concerns on bus routes in the area. Tammy Mielke, opponent, discussed the continuing problems with people dumping furniture and other items on nearby roads. Glenn Fuerstenberg, opponent, reported that the entrance of the proposed site was moved to intersect with Valdez Road. He explained that Valdez Road is an access road to the subdivision. Aligning the driveway would not make it an intersection. He thought that businesses were to be located at an intersection. Commissioner Kelly clarified that the decibel readings near the landfill were taken along the landfill access road rather than along the highway. Commissioner Twedt asked for additional information at the next meeting on the number of bus routes in the area and a current traffic count, if possible. Each side will be allowed 10 minutes for final comments. Today's information was taken under advisement.
OLD BUSINESS
Commissioner Barth reported that he believes the 2009 Sioux Empire Fair was a success.
Commissioner Barth expressed regret that the Housing First Project was not discussed at the Joint City/County meeting.
MOTION by Twedt, seconded by Barth to correct the range number in Resolution MC09-26, adopted on July 20, 2009. 4 ayes. The range was incorrectly listed at 50W and should have shown 48W.
Last week, the Commission directed the Assistant Commission Administrative Officer to send a letter to the state requesting information on the status of the return of the 2009 Homeland Security Grant funds to the state for state radio updates. Sheriff Mike Milstead asked that the Commission hold off on the update as it is anticipated that the state will respond within the week.
MOTION by Kelly, seconded by Barth to adjourn until 9:00 a.m. on Tuesday, August 25, 2009. 4 ayes.
APPROVED BY THE COMMISSION:
John Pekas,
Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $286.62.
1226303-02 Aug. 26, 2009
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
FILE NO.
ESTATE OF
CLARENCE W. OLSON, Deceased
NOTICE TO CREDITORS
Notice is given that on July 31, 2009 David Alan Olson, whose address is 316 N. Cherry, Lennox, South Dakota, 57039, was appointed as personal representative of the estate of Clarence W. Olson.
Creditors of decedent must file their claims within four months after the date of the first publication of this notice of their claims may be barred.
Claims may be filed with the personal representative or may be filed with the clerk and a copy of the claim mailed to the personal representative.
Dated August 3, 2009.
/s/ David Alan Olson
David Alan Olson
316 N. Cherry
Lennox, SD 57039
(605) 647-2328
Charles Fechner
Clerk of Courts
425 N. Dakota Ave.
Sioux Falls, SD 57104
Brenda M. Ask
Frieberg, Nelson & Ask L.L. P.
P.O. Box 38
Canton, SD 57013-0038
(605) 987-2686
C-8/19- 9/2 Olson Ad#1225466
Brandon
NOTICE TO BIDDERS
Sealed bids shall be received by the City Council of the City of Brandon, South Dakota, at the office of the Municipal Finance Officer of said city until 10:00 a.m. on September 3, 2009, and will be publicly opened and read.
This project involves the construction of a detention pond facility near Aspen Boulevard on the east side of the city. The scope of work includes approximately 76,000 CY of unclassified excavation to shape and grade the pond as proposed. Incorporated into the design are best management practices (BMP) with a structure proposed at the outlet. Also included in the plan is a box culvert extension at Aspen Boulevard with an outlet weir structure included.
The bidder shall submit the proposal on the form prescribed and proposals will be rejected if they show any conditions or uncalled for alternate bids. All bids shall be on the basis of cash payment according to the terms of the bid specifications.
A resident bidder is allowed a preference as against the bid of any bidder from any other state enforcing or having a preference for resident bidders, equal to such preference.
Each proposal must be accompanied by a certified check, cashier's check, or draft for five (5) percent of the amount of the bid, such check to be certified or issued by either a State or National bank domiciled within this State and payable to the City of Brandon, South Dakota, or in lieu thereof, a bid bond for ten (10) percent of the amount of the bid, such bond to be issued by a surety authorized to do business in this state payable to the City of Brandon, South Dakota. This sum is a guarantee that if the proposal is accepted, a contract will be entered into and its performance properly secured.
The City of Brandon reserves the right to retain the bid security of the three lowest bidders for a period not to exceed 30 days after the date and time set for opening of the bids. The City of Brandon reserves the right to reject any or all bids or any parts thereof.
The successful contractor and subcontractors on this project must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.
The low responsive bidder will be required to certify to compliance with the Buy American Iron, Steel, and Manufactured Goods provision of the American Recovery and Reinvestment Act of 2009. The certification form found on page BA-5 of the State Revolving Fund (SRF) General Conditions for American Recovery and Reinvestment Act of 2009 Projects must be included in the bid proposal.
Please be advised that waivers or exemptions from the Buy American provision that cite International Trade Agreements do not comply with the American Recovery and Reinvestment Act (ARRA) as it applies to the SRF programs. Claims from suppliers that the Buy American Iron, Steel, and Manufactured Goods provision does not apply to certain products based on the International Trade Agreement exemptions of the ARRA will not be accepted. Bidders on this work will be required to comply with the Presidents Executive Orders Number 11246 as amended, 11518, and 11625 as amended. The requirements for bidders and contractors under these orders are explained in the specifications.
Bidders on this work will be required to comply with Title 40 CFR 33.240 and Executive Order 12138. The requirements for bidders and contractors under this regulation which concerns utilization of Disadvantaged/Minority Business Enterprises (DBE/MBE) and Women’s Business Enterprises (WBE) are explained in the specifications. The DBE/MBE and WBE goals for participation in this contract in terms of percentage of contract value are as follows:
MBE – 1.0%
WBE – 3.0%
Copies of the specifications are on file at the Office of the Municipal Finance Officer, 304 Main Avenue, Brandon, South Dakota and may be obtained from the office of Stockwell Engineers, Inc., 600 N. Main Avenue, Suite 100, Sioux Falls, SD 57104.
Dennis E. Olson
Municipal Finance Officer
Published twice at the approximate cost of $87.48.
C-8/19,26 Bid Ad#1225424
Corson Village Sanitary
NOTICE OF VACANCY - CORSON VILLAGE SANITARY DISTRICT
Two (2) vacancies will occur in the offices of Trustees of the Corson Village Sanitary District, due to the expiration of the terms of Trustee, Kathy Easton, Secretary and Carolyn Johansen, Trustee.
Nominating petitions may be filed with the Secretary of District at her residence at 26015 Jackson Ave., Corson, SD 57005, from 8:00am to 5:00pm, Mon - Fri beginning August 23, 2009, but no later than September 3, 2009.
Kathy Easton,
Secretary, Corson Village Sanitary District
Published twice for an approximate cost of $23.50.
C-8/26,9/2 Not Ad#1226401
Garretson
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the Garretson City Council, acting as a Board of Adjustment, will hold a public hearing on the 14th day of September, 2009, at 6:30 p.m. at the Garretson City Hall to consider the request for a fence up to front property line variance on said property.
The legal description is: Lot 23, Block 2 of Royces 3rd Addition to the City of Garretson, Minnehaha County, South Dakota (312 Depot Ave.)
NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.
Dated this 14th day of September, 2009.
Anna Uhl
Finance Officer
Published once at the approximate cost of $18.94.
C-8/26 NOH fence Ad#1226442
Garretson
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the Garretson City Council, acting as a Board of Adjustment, will hold a public hearing on the 14th day of September, 2009, at 6:30 p.m. at the Garretson City Hall to consider the request for a steel roof variance on said property.
The legal description is: Hartman’s Tract 2B SW1/4, 16 103 47 Garretson Cit Unplatted to the City of Garretson, Minnehaha County, South Dakota (48616 253rd St.).
NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.
Dated this 14th day of September, 2009.
Anna Uhl
Municipal Finance Officer
Published once at the approximate cost of $18.61.
C-8/26 NOH roof Ad#1226449
City of Garretson
August 18, 2009
The City Council of the City of Garretson, Minnehaha County, South Dakota met in special session onTuesday, August 18, 2009 at 6:30 p.m. at City Hall, with Mayor Gloria Sanders presiding.
6:30 P.M. Mayor Sanders called the special meeting to order with the Pledge of Allegiance.
ROLL CALL: Jodi Gloe – Ward III; Thomas Godbey – Ward II; Greg Franka – Ward I; Greg Beaner – Ward III - Absent; Thomas Lines – Ward II; Andy Gilbert – Ward I
OTHERS IN ATTENDANCE: Finance Officer Jami Blosmo, Anna Uhl & Owen Wiese
(NOTE: All attendees hereinafter to be referred to by last name and first initials when necessary)
ORDINANCES & RESOLUTIONS:
Resolution 2009-11 – Financial Authorization Resolution – Franka read, Lines made a motion to adopt as amended, Gilbert 2nd, 5 Ayes, 0 Nays, 1 Absent.
City of Garretson
RESOLUTION #2009-11
A RESOLUTION AUTHORIZING FIRST BANK & TRUST OF GARRETSON REPRESENTATIVES
WHEREAS, The First Bank & Trust of Garretson (herein referred to as Financial Institution) is designated as a depository for the funds of the City of Garretson (herein referred to as the Corporation) and to provide other financial accommodations as indicated on the attached resolution of formatted banking powers, requirements and certifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARRETSON, SOUTH DAKOTA, does grant the following to be agents for the corporation as spelled out on the attached bank form:
Anna Uhl, City Finance Officer (effective August 24, 2009)
Gloria J. Sanders, Mayor
Greg Beaner, Council President
Adopted this 18th day of August, 2009.
Gloria J. Sanders
Mayor of the City of Garretson
(SEAL)
ATTEST:
Jami Blosmo
City Finance Officer
Resolution 2009-12 – Risk Management & Loss Control
Resolution 2009-13 – 2010 Capital Accumulations – Discussion ensued. No action taken.
Ordinance 593 – 2010 Appropriations Ordinance - Discussion ensued regarding the preparation of the 2010 budget. No action taken.
Gloria Sanders, Mayor
ATTEST
Jami Blosmo
Finance Officer
(Unapproved)
Published once at the approximate cost of $33.00.
C-8/26 Min 8/18 Ad#1226456
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on August 12, 2009 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Blaine Jones, Dan Mostek, and Mayor Larry Beesley. Others present were: City Engineer Representative, Jon Brown, Stockwell Engineers, Inc.; Public Works Director, Wayne Fletcher, Director of Human Resources, Dan Oakland; Police Chief David Kull and Recording Clerk, Bonnie Nelson. Absent Mindy Hansen, Don Hammond, and Brett Karber.
The Council discussed the items on the agenda for the upcoming August 17, 2009 regular Council meeting. No formal action was taken.
At 6:01 p.m., having no further business, Mayor Beesley declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on August 17, 2009 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Mindy Hansen, Blaine Jones, Brett Karber, Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator /Finance Officer, Dennis E. Olson; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Director of Human Resources, Dan Oakland; Clerk, Bonnie Nelson; Public Works Director, Wayne Fletcher; and Golf Pro, Zane Swenson. Absent: Roger Brooks and Don Hammond.
Alderman Jones moved Alderman Mostek seconded to approve the agenda as presented. Motion carried.
Alderman Karber moved Alderwoman Hansen seconded to approve the minutes of the July 30, 2009 briefing meeting and the August 3, 2009 regular meeting. Motion carried.
Alderman Mostek moved Alderman Jones seconded to approve the following claims. Motion carried.
VENDOR, DESCRIPTION, AMOUNT: A & B Business, Copy Charges, 151.46; A-1 Septic Tank, GC Repairs, 125.00; Alliance Communications, Utilities, 2,175.52; Alternative HR Development, Professional Services, 2,060.00; American Water Works Association, Water Annual Dues, 71.00; A-Ox Welding Supply, Street Rental, 9.00; Applied Concepts, Police Supplies, 96.00; Argus Leader Media, Publications, 258.08; BD Promotions, Summer Rec Supplies, 396.31; Beal Distributing, GC Resale, 6,253.70; Blaines Service, Police Repairs, 11.00; Bob’s Lock & Key, Police Supplies, 45.00; Border States Electric, Park Supplies, 74.82; Brandon Lumber co, Various Dept Supplies, 6,349.44; Brandon Materials Comp, Bluffs Park, 1,237.50; Brandon True Value, Various Dept Supplies, 1,671.26; Brandon Valley School District, Fuel, 3,583.20; Brock White Co LLC, Street Supplies, 6,145.92; Brown & Saenger, Various Dept Supplies, 670.24; Butler Machinery Company, Park Supplies, 206.58; Campbell’s Supply, Sewer Supplies, 410.00; Chesterman Co, GC Lounge Pop, 1,268.00; Cleveland Golf, Pro Shop Resale, 90.64; Coffee Cup, Fuel, 75.20; Concrete Materials, Street & Park Supplies, 6,004.39; Crescent Electric Supply, Park Supplies, 97.98; Dakota Beverage, GC Resale, 5,297.35; DeJager Plumbing & Heating, Repairs, 528.15; DirecTV, GC Utilities, 31.19; Dust-Tex, Mat Service, 116.56; Ecolab Pest Elimination, GC Services, 251.00; EnviroMaster, GC Supplies, 110.09; Fastenal Company, GC Supplies, 53.45; Fjerless Mowing & Trimming, Mowing, 235.00; Furby’s Auto Repair, Police Repairs, 841.86; G & K Services, Community Room Linens, 1,578.05; GeoTek Engineering & Testing Services, Park Soccer Complex, 225.00; Grainger, Water & Sewer Supplies, 227.88; Hach Company, Water Chemicals, 302.98; Hauff Mid-America Sports, Park Supplies, 500.00; Hawkins Water Treatment, Water & Pool Chemicals, 7,035.18; Hunt Law Office, Professional Services, 162.50; Inter-Lakes Community Action, Transit June Bus Expense, 5,104.28; Jensen Electric, Various Projects, 17,577.76; Jerry’s Excavating, Various Projects, 2,450.00; Johnson Brothers Famous Brands, GC Resale, 1,037.03; Malloy Electric Bearing Supply, Streets Supplies, 85.99; Manley Tire & Oil Service, Park Supplies, 36.59; Marv’s Sanitary Service, Utilities, 442.50; McGreevy Clinic, Sewer Professional Services, 765.36; Meierhenry Sargent LLP, Professional Services, 7,500.00; Meyer Laboratory, Sewer Supplies, 347.04; MidAmerican Energy, Utilities, 842.32; Midwest Turf & Irrigation, GC Supplies, 395.56; Modern Woodmen of America, Start Up for New Employee, 25.00; Myrl & Roy’s Paving, Streets Supplies, 7,622.50; Newman Traffic Signs, Various Dept Supplies, 477.56; Northern Water Works Supply, Water Meter Supplies, 2,805.30; One Call Systems, Locate Tickets, 121.00; Palisades Oil Co, GC Fuel, 671.92; PepsiAmericas, GC Lounge Pop, 1,856.88; PING, Pro Shop Resale, 141.27; Print Express, GC Supplies, 174.95; Professional Mailinig & Marketing, July billing, 808.81; Queen City Wholesale, GC Resale, 2,539.74; Republic National Distributing Comp, GC Resale, 1,163.46; Sam’s Club, Various Dept Supplies, 2,436.64; SD Dept of Revenue, Sale tax for July, 12,807.93; SD Police Chief’s Association, Police Training, 104.27; SD Section of AWWA, Water dept-seminar, 45.00; Second Chance Rescue Center, July Calls, 244.64; Sigler Fire Equipment, GC Supplies, 35.92; Sioux Falls Networks, Professional Services, 169.00; Sioux Falls Rubber Stamp, Police Supplies, 18.75; Soo Sanitary Trenching & Backhoe, Various Projects, 428.40; Stitch N Nitch, Water Supplies, 64.16; Streicher’s, Police Equipment, 340.98; Sturdevant’s Auto Parts, Various Dept Supplies, 1,290.13; Sunshine, Various Dept Supplies, 811.79; Sure Test, Professional Services, 239.20; SystemDudes Inc, GC Professional Services, 47.70; Titleist, Pro Shop Resale, 236.02; Tony’s Catering, July Caters, 7,039.50; Turfwerks, GC Equipment, 13,000.00; US Food Service, GC Lounge Food, 4,257.27; US Postmaster, July billing, 1,128.96; Vantek Communications, Water Supplies, 75.00; Vogel Motors, Police Repairs, 443.99; Xcel Energy, Utilities, 3,256.96; First National Bank, 2007 Chestnut Blvd Middle, 35,280.92; First National Bank, 2007 Holly Project, 118,481.58; First National Bank, 2007 NE Lift & Express Ave, 4,650.52; First National Bank, 2008 Stone Ridge Booster Station, 39,321.18; First National Bank, 2000 Redwood Blvd Bond, 48,526.73; First National Bank, 2002 N Sioux Blvd Bond, 63,142.92; First National Bank, 2004 Park St Bonds, 35,868.55; First National Bank, 2006 Chestnut Blvd South, 49,847.50; First National Bank, 2005 Fire Station Payment, 18,117.90; First National Bank, 2006 Conference Center, 69,012.56; City Administration, August 6, 2009 Payroll, 1,971.23; Deputy Finance Officer, August 6, 2009 Payroll, 1,894.18; Govt Bldg, August 6, 2009 Payroll, 117.67; Police, August 6, 2009 Payroll, 14,704.49; Building Inspections, August 6, 2009 Payroll, 2,526.24; Street Department, August 6, 2009 Payroll, 6,908.47; Summer Rec, August 6, 2009 Payroll, 955.23; Pool, August 6, 2009 Payroll, 13,533.11; Park Department, August 6, 2009 Payroll, 6,684.97; Chamber of Commerce, August 6, 2009 Payroll, 1,056.82; Water Department, August 6, 2009 Payroll, 5,068.27; Sewer Department, August 6, 2009 Payroll, 2,130.56; Golf Course Grounds, August 6, 2009 Payroll, 7,860.36; Golf Course Lounge, August 6, 2009 Payroll, 3,707.26; Golf Course Pro Shop, August 6, 2009 Payroll, 6,310.06; Golf Course Community Room, August 6, 2009 Payroll, 3,532.50; 941 Payroll Taxes, August 6, 2009 Payroll, 21,648.87; OFC/Child Support Enforcement, August 6, 2009 Payroll, 174.92; SD Retirement System Supplemental, August 6, 2009 Payroll, 955.00; TASC Flex Plan, August 6, 2009 Payroll, 1,689.46; Johnson, Rodenburg & Lauinger, August 6, 2009 Payroll, 65.00
Alderman Karber moved Alderman Mostek seconded to give second reading to Ordinance #458 that will re-zone property described as Lot A, B, C of Block 1, Eagle Creek Addition, (1425, 1501, 1505 Meadowbrook Trail) from General Business to R-1, Single-Family. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 206 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 Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
Alderman Karber moved Alderman Jones seconded to give first reading to Ordinance #459. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ADDING TO APPENDIX A OF THE BRANDON MUNICIPAL CODE UPDATING THE FLOODPLAIN REGULATIONS. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
Alderman Jones moved Alderman Mostek seconded to give first reading to Ordinance #460. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ADDING CHAPTER 15-1-9 TO THE BRANDON MUNICIPAL CODE ALLOWING CONDITIONAL USE CONSIDERATIONS IN ZONING DISTRICTS OF ANY LESSOR ZONING. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
The Water & Sewer Committee report was heard. Alderman Mostek moved Alderwoman Hansen seconded to set a bid opening date of Thursday, September 3, 2009 for the Bethany/Country Club/Sunrise Area Drainage Project. Motion carried.
RESOLUTION #26-09
WHEREAS, on April 16, 2009 at Brandon City Hall, bids were publicly opened and read, as advertised for an Industrial Valve Operator & Vacuum Trailer.
WHEREAS, the following bids were received:
E. H. WACHS Co., 455 Comanche Circle, Harvard, IL: Base Bid $45,245.00; Option 1, $4,795.00; Option 2, $3,500.00; Option 3, $ None; Option 4 $1,195.00; Option 5, $2,950.00; Option 6, $2,245.00; Demo, $41,995.00
Dakota Supply Group, 1409 K Avenue, Sioux Falls, SD: Base Bid, $44,641.27; Option 1, $7,091.21; Option 2, $8,175.75; Option 3, $785.87; Option 4, $3,989.43; Option 5, $1,847.05; Option 6, $11,678.81
WHEREAS, the Brandon City Council accepted the low base bid from Dakota Supply Group for $44,641.27 at the April 20, 2009 City Council meeting.
WHEREAS, following acceptance of the Dakota Supply Group bid, it was determined that Dakota Supply Group is unable to meet certain specifications of the bid.
WHEREAS, E.H. Wachs, Co., has agreed to provide the Industrial Valve Operator & Vacuum Trailer at the same price as it bid on April 16, 2009.WHEREAS, SDCL 5-18-9 authorizes the City Council to, accept the bid of the next lowest responsible bidder when the lowest bidder is not responsible or the bid is not made in accordance with the requirements of this chapter or the low bid is withdrawn.
THEREFORE BE IT RESOLVED, by the Brandon City Council, that the bid submitted by E.H. Wachs Co., in the amount of $45,245.00 be accepted.
Dated this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Street Committee and the Administration Committee reports were heard.
The Park & Recreation Committee report was heard. Alderman Jones moved Alderman Karber seconded to hire Gabe Langer at the Skateboard Park, $7.50 per hour and Jim Zoellner, Golf Course Maintenance, $8.50 per hour for the rest of the 2009 summer season. Motion carried.
The Police Committee report was heard.
The Golf Course Committee report was heard. Jeff Gray of 117 W. Fir Street approached the Council regarding concerns at the Brandon Municipal Golf Course. No formal action was taken.
At 6:30 p.m. a public hearing was held, as advertised, to consider improving drainage in Country Club Heights, Sunrise Addition, and the Bethany Meadows area. John Burkman appeared with questions about the project. Alderman Karber moved Alderman Jones seconded to adopt Resolution #25-09. A roll call vote showed Brooks, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
RESOLUTION #25-09
WHEREAS, the City of Brandon has adopted Resolution #07-08 adopted on April 7, 2008 to improve substantially, the drainage on the property in Country Club Heights Second Addition and Sunrise Estates, all in the City of Brandon, Minnehaha County, South Dakota.
WHEREAS, the City of Brandon has caused the Country Club Drainage Project to be constructed.
WHEREAS, the assessment roll has been filed in the office of the Municipal Finance Officer by the City Engineer on July 27, 2009.
WHEREAS, the City Council of the City of Brandon has reviewed the assessment roll and found it to be correct and has held the required public hearing prior to the adoption of this resolution.
THEREFORE LET IT BE RESOLVED that the assessment roll for the Country Club Drainage Project is approved and that the Assessments may be prepaid at any time, at the office of the Municipal Finance Officer, within 30 days after approval of the assessment roll. The assessments will be collected under Plan One and will become due and payable at the office of the Country Treasurer in ten installments, together with interest not to exceed seven percent per annum, with the general taxes and will be payable at the County Treasurer’s office on January 1, 2007; the remaining installments with interest no to exceed seven percent annum will become due and payable on an annual basis at the County Treasurer’s office on January 1, of each following year until the total assessment, with interest, is paid in full. Installments paid prior to due dates deemed paid in reverse order.
Dated this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
At 6:55 p.m. on a motion by Alderman Mostek seconded by Alderman Jones the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $140.64.
C-8/26 Min 8/17 Ad#1226766
Brandon
ORDINANCE #458
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 206 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.
WHEREAS the Brandon Planning and Zoning Commission held a public hearing on July 16, 2009, as required by law, and made a “do pass” recommendation to the City Council to re-zone property described as Lot A, B, C of Block 1, Eagle Creek Addition, (1425, 1501, 1505 Meadowbrook Trail) from GB, General Business to R-1, Single-Family.
WHEREAS the Brandon City Council held a public hearing on August 3, 2009 as provided by law and approved the re-zoning of the property by giving a first reading to this ordinance and approved a second reading of this ordinance on August 17, 2009.
THEREFORE, BE IT HEREBY ORDAINED BY THE CITY OF BRANDON, SOUTH DAKOTA: That the Zoning Ordinance of the City of Brandon, South Dakota, Ordinance Number 452, and the official zoning map of the City of Brandon, South Dakota be amended, to show a re-zoning of the following described proper from GB, General Business to R-1, Single-Family.
Lot A, B, & C, Block 1, Eagle Creek Addition, at 1425, 1501, & 1505 Meadowbrook Trail.
Adopted this 17th day of August, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: August 3, 2009
Second Reading: August 17, 2009
Published: August 26, 2009
Effective Date: September 15, 2009
Published once at an approximate cost of $30.19.
C-8/26 Ord Ad#1226769
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED IN JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 5:00 P.M., August 17, 2009, pursuant to adjournment on August 11, 2009. Commissioners present were: Pekas, Barth, Kelly, and Twedt. Commissioner Hajek was absent. Sandy Kinder, Deputy Auditor, was also present.
City Council Members present: Anderson, Beninga, Brown, Costello, Jamison, Knudson, Litz, and Staggers. Mayor Munson was absent.
Chairman Pekas called the meeting to order.
Scott Anderson, Planning Director, was present for an appeal of the Joint Planning Commission decision to approve Conditional Use Permit 09-45, to allow a group daycare facility on property legally described as Tract 31 & 32 Meadow View Tracts North NE1/4 SE1/4 in Section 21-T102N-R49W. The property is located at 6704 & 6708 N 9th Avenue, Sioux Falls. Mr. Anderson explained that the decision tonight will be to 1) uphold the approval by the Joint Planning Commission; 2) approve the CUP with additional conditions; or 3) overturn the Joint PC decision and deny the permit. He also noted that the decision should be based on a land use perspective. The permit was approved with a number of conditions. The daycare will be operated in an accessory building next to the residence and has a maximum limit of 12 children. There were concerns expressed on an above ground swimming pool as well as dogs (pit bulls) being kenneled on the property. Traffic in the subdivision would also increase with cars dropping off and picking up children. Commissioner Pekas commented on a letter from the Renner Sanitary District's attorney regarding a sewer hook-up for the daycare building. Mr. Anderson believed the issue was resolved. Assistant City Attorney Gail Eiesland reported that the dog issue could be tied to land use due to the potential for additional noise, but it would not be likely. Mr. Anderson reported that there is one other daycare in the immediate area operating without a CUP because they do not have more than 6 children. Ernest Claxton, applicant, explained that he does breed a rare breed of dog at the residence and has installed a double fence kennel on the property for the dogs. He explained that planes fly over the subdivision daily and did not feel the children would create any more of a noise issue. The daycare would be operated by the applicant's mother. Mr. Claxton explained that he has already invested a large amount of money into the project and would install a fence around his pool once all permits for the daycare are obtained. Brian Johnson, opponent, spoke on behalf of himself and other neighbors who opposed the CUP. He expressed concern over decreased property values, traffic, road maintenance, noise, dogs, precedent to allow other businesses, and enforcement. He stated that those in opposition are left with the option of putting up with the daycare or moving. Mr. Johnson also reported that the neighbors personally contributed around $15,000 for road improvements to their development and were concerned about the additional traffic that would be generated from the daycare. Mr. Anderson explained that the CUP goes with the single family residence, so the accessory building housing the daycare could not be broken off and sold. MOTION by Twedt, seconded by Barth to uphold the Joint Planning Commission decision approving CUP 09-45 and adding a condition that the permit stays with the current owner and becomes void upon sale or transfer of the property. 2 ayes, Kelly and Pekas - nay. Commissioner Kelly expressed opposition because of the additional wear on the roads, parking, and the applicant's dogs. Commissioner Twedt explained that the state will look at other factors in the application process. MOTION by Twedt, seconded by Barth to uphold CUP 09-45 with the conditions set by the Joint Planning Commission. 3 ayes, Kelly - nay. City concurred.
Pat Herman, Planner, was present for the scheduled hearing to consider text amendments in the industrial, agricultural, and definition sections related to junkyards/salvage, recreation, produce sales, and bed & breakfasts in the 2002 Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls. The changes were recommended by both the City and County Planning Commissions. No one spoke in opposition. MOTION by Twedt, seconded by Barth to approve Ordinance MC30-22-09. 4 ayes. City concurred. The entire ordinance is on file in the County Auditor's office.
Bill Hoskins, Museum Director, presented the Siouxland Heritage Museums 2010 budget. The requested Operations budget is $1,143,187, an increase of $48,246 over 2009. The City will provide $590,401 and County $590,401 for the budget. The proposed budget also includes the Museum Special Enterprise Fund at $85,350 and the Museum Store Fund at $27,928. MOTION by Twedt, seconded by Barth to approve the 2010 Museum Operations, Museum Enterprise Fund, and Museum Store Fund budgets. 5 ayes. City concurred.
Sally Felix, Library Director, presented the Siouxland Libraries 2010 budget of $6,620,359. The County's share for 2010 is $910,000. MOTION by Barth, seconded by Hajek to approve the 2010 Siouxland Libraries budget. 4 ayes. City concurred.
Ona Reker, Metro Communications, presented the Metro Communications Agency 2010 budget of $3,888,797, an increase of $51,476 from 2009. The County will provide $397,215 for the budget. The remainder will be supported by the monthly 911 surcharge revenue and the City's contribution. MOTION by Kelly, seconded by Twedt to approve the 2010 Metro Communications Agency budget. 4 ayes. City concurred.
MOTION by Twedt, seconded by Kelly to adjourn until 9:00 a.m. on Tuesday, August 18, 2009. 4 ayes.
APPROVED BY THE COMMISSION:
John Pekas,
Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $106.36.
1226299-02 Aug. 26, 2009
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., August 18, 2009, pursuant to adjournment on August 17, 2009. Commissioners present were: Pekas, Barth, Kelly, and Twedt. Commissioner Hajek was absent. Also present were Sandy Kinder, Deputy Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Pekas called the meeting to order.
AGENDA
MOTION by Kelly, seconded by Barth to approve the Agenda. 4 ayes.
MINUTES
MOTION by Twedt, seconded by Barth to approve the Minutes for August 11, 2009. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Kelly to approve the following bills totaling $364,475.48 for payment. 4 ayes.
A & B Business Equip Var. Depts, 499.35; A to Z World Languag St Atty, 150.00; ABN Army Surplus Air Guard, 59.00; Allied Oil & Supply Hwy Constr, 123.00; American Institution JDC, 1,114.21; Argus Leader, Var. Depts 2,482.14; Around The Clock/Dra JDC, 72.95; Arrow Ridge Townhome Human Svcs, 365.00; Avera Health Informa Public Def, 63.30; Avera Heart Hosp Of Human Svcs 5,387.75; Avera McKennan Hospi St Atty, 220.00; Avera Queen of Peace Hwy Admin, 49.50; Benz, Vergil C, Human Svcs, 400.00; Best Business Produc Reg Deeds, 42.90; Billion's, Sheriff, 35.88; Bosch, Curt, Human Svcs, 485.00; Boulevard Investment Human Svcs, 300.00; Boyd, Michelle, Sheriff, 550.00; Brooks Const Svcs In Hwy Constr 24,900.00; Builders Supply Comp Var. Depts 1,490.81; C & J Sayles, Inc. Mus Store, 128.67; Campbell Supply Co I Var. Depts, 197.59; Catco, Hwy Constr, 15.56; CBM Food Service JDC, 5,558.64; Century Business Pro Var. Depts, 604.16; Chang, Hyun, Human Svcs, 500.00; Cleveland Heights Ap Human Svcs, 337.50; Concrete Materials Hwy Constr 57,403.05; Constellation New En Facilities 5,736.63; Country View MHC Human Svcs, 791.84; Culligan Water Condi Human Svcs, 36.00; Dakota Data Shred Facilities, 96.47; Dakota Intl Trading Em Mgmt, 1,291.00; Dakota Security Syst Facilities, 114.80; Danko Emergency Equi Em Mgmt, 836.01; Davis, Kory, Human Svcs, 500.00; Decastro Law Office, Courts, 405.90; Delux Motel / Dakota Human Svcs, 250.00; Dennis Supply Co. - Facilities, 243.24; Diamond Vogel Paint Hwy Constr, 14.65; Dooyema, Eric J, Public Def, 55.76; Ebert's Properties, Human Svcs 1,485.00; Elite Business Syste Human Svcs, 95.00; Emdeon Business Serv Human Svcs, 39.95; Family Service Inc Human Res, 260.00; Family Vac, Mus Maint, 15.95; Fastenal Company Hwy Constr, 92.25; First Administrators Human Svcs, 131.17; First Premier Bank Sheriff, 58.30; Fluth, Rodney P, Human Svcs, 500.00; Galland Legal Clinic Courts, 897.90; Gearman, Jason, Mental Ill, 209.64; Geotek Engineering & Hwy Constr, 530.50; Glazier, David Alan Human Svcs, 400.00; Glory House, Pass-Thru 5,314.48; Grainger, Inc., Facilities, 241.40; Graybar Electric Com Facilities, 537.55; Hamilton, Jeff, Human Svcs, 450.00; Hammer, Ralph, Hwy Admin, 39.60; Harold's Photo Cente Mus Entpr, 153.87; Help|Line Center, In Human Svcs, 400.00; Historical Folk Toys Mus Store, 172.05; Hobby Lobby Stores I Var. Depts, 93.62; Hoekstra, Denise A. Courts, 38.00; Holiday Mobile Home Human Svcs 1,007.38; Hughes County Sherif St Atty, 14.30; Hurtgen, Timothy T. Human Svcs, 300.00; Hy-Vee Accounts Rece Jdc, 57.53; Inland Truck Parts & Hwy Constr, 39.50; Interstate Office Pr Var. Depts, 640.79; Interstate Power Sys Em Mgmt, 18,218.38; J & S Hospitality db Human Svcs, 196.00; J.C. Penney Company, Facilities, 129.97; Jaros, Pete, Mental Ill, 256.45; JCL Solutions-Janito Facilities, 120.24; Jefferson Partners L Human Svcs 4,155.65; Jim & Ron's Service, Sheriff, 70.00; Johnstone Supply Facilities, 25.43; Keller, Thomas M Courts, 591.18; Klein, Rose, Human Svcs, 500.00; Kleinjan, Pete, Human Svcs, 475.00; Kohl's Department St JDC, 29.99; Kone, Inc., Var. Depts, 179.39; Koopman & Sons Gas C Hwy Constr, 60.00; KTTW-FOX-TV/Independ Mus Ops, 300.00; Lason Systems, Inc. Reg Deeds, 258.30; Lassegaard, Samuel C Human Svcs, 450.00; Lawson Products, Inc Hwy Constr, 137.56; Lewis Drug Stores Extension, 8.78; Lexis-Nexis / Reed E Var. Depts, 296.00; Liebl, Shawn, Human Svcs, 325.00; Linweld, Inc., Var. Depts, 62.51; Ludoc Enterprises In Jail, 592.00; Lutheran Social Serv Var. Depts, 775.00; Malloy Electric Bear Facilities, 80.42; Maxwell Food Equipme JDC, 101.00; McLaughlin, David Human Svcs, 325.00; Meierhenry Sargent L Courts, 1,074.20; Menards - East, Parks, 48.79; Menards - West, Hwy Constr, 74.46; Microfilm Imaging Sy Reg Deeds, 214.20; Midamerican Energy C Var. Depts 1,394.60; Midwest Alarm Compan Extension, 80.00; Minnehaha Cnty Human Human Svcs, 141.60; Minnehaha Cnty Priso Jail, 42.37; Minnesota Bur of Cri Mus Ops, 15.00; Moore Medical Corp. JDC, 60.95; Motorola, Inc., Var. Depts 109,801.00; Murray Const, Human Svcs, 458.00; Myers & Billion LLP Courts, 1,332.60; Nebraska Transport C Human Svcs, 167.69; Norberg Paints, Inc. Pettigrew, 110.48; Northern Safety Tech Hwy Constr, 60.33; Novak Sanitary Servi Var. Depts, 497.94; Nyberg's Ace Hardwar Var. Depts, 47.56; O'Dea, Steve C, Human Svcs, 390.00; O'Reilly Auto Parts Hwy Constr, 279.99; Oakwood Estates/Inve Human Svcs, 800.00; Ode, Gregg, Extension, 21.10; Office Depot, Public Def, 162.02; Overhead Door Compan Facilities, 102.04; P & M Steel Company Hwy Constr 2,152.04; Presto-X-Company Facilities, 424.00; Pride Neon, Inc, Hwy Constr, 114.80; Quill Corp., Public Def, 443.43; Qwest, Var. Depts 3,983.64; R & S Sanitation Ser Hwy Admin, 275.00; Redwood Estates LLC Human Svcs, 400.00; Retail Data Systems Treasurer, 50.00; Russell, Mark, Air Guard, 74.41; Sadat, Sayd Abdul Qa Human Svcs, 500.00; Sanford Hospital - R Human Svcs, 800.00; Schaefer, Dean, Public Adv, 71.40; Schrader, Lloyd, Human Svcs, 450.00; Schuneman Equip Co Hwy Constr, 284.21; SD Dept of Revenue St Atty, 7,717.00; SD Dept of Revenue A Dir of Eq, 440.00; SD Risk Pool, Human Svcs, 635.03; SD Secretary of Stat Public Def, 30.00; Siemonsma, Sue, Extension, 13.70; Sioux Empire FCU 148 Var. Depts, 167.09; Sioux Empire FCU/097 Sheriff, 2,470.21; Sioux Empire FCU/108 Sheriff, 96.22; Sioux Empire FCU/109 Jail, 1,511.83; Sioux Empire FCU/190 St Atty, 388.68; Sioux Empire FCU/215 Sheriff, 201.29; Sioux Empire FCU/260 Em Mgmt, 147.03; Sioux Falls Transit/ Human Svcs, 25.00; Sioux Falls Utilitie Var. Depts, 220.87; Sioux River Ltd Ptnr Human Svcs, 500.00; Sioux Valley Energy Human Svcs, 138.00; Siouxland Trailer Sa Hwy Constr 41,600.00; Smith Publishing Co. Reg Deeds, 318.95; Studts, Lisa, Mus Entpr, 55.87; Sturdevant's Auto Pa Hwy Constr, 104.37; Sunshine Foods, Human Svcs, 88.04; SV Home Medical Equi Human Svcs, 66.00; Target Pharmacy, Human Svcs 1,363.94; Thorin, Deyanira T Public Def, 87.50; Town Park II Apts Human Svcs, 500.00; Travelhost of Sioux Mus Ops, 153.00; Triangle Properties Human Svcs, 300.00; Tronson, Patricia A Human Svcs, 500.00; Tyler Buildings LLC Human Svcs, 400.00; United Parcel Servic Mus Store, 13.04; Urology Institute, P Human Svcs 1,707.60; Vavra, Jeff dba Vavr Human Svcs, 500.00; Velgersdyk, Dr. Scot Human Svcs, 756.00; Velvet Uniforms, Inc Var. Depts, 488.07; Verizon Wireless Var. Depts 6,474.60; Volunteers of Americ Jail, 1,345.22; Wal-Mart Pharmacy Human Svcs, 369.80; Wal-Mart Pharmacy Human Svcs, 8.00; Walgreens Pharmacy Human Svcs, 30.00; Walter, Delmar J Courts, 1,119.00; West Group, Var. Depts 1,736.70; Wheelco Brake & Supp Hwy Constr, 40.08; Wiebesiek, Stacy L Human Svcs, 54.00; Witttrock, Craig Air Guard, 562.80; Wynia, Keith, Air Guard, 205.20; Xcel Energy, Inc. Human Svcs 4,582.66
REPORTS
The following reports were received and placed on file in the County Auditor's Office: Minnehaha County Sheriff's Department Monthly Report; Minnehaha County Regional Juvenile Detention Center Monthly Report, and the Minnehaha County Register of Deeds Official Statement of Recording, Transfer, Marriage, Express Fees, and Overages all for July, 2009.
PERSONNEL
MOTION by Kelly, seconded by Barth to approve the following personnel changes. 4 ayes.
1. To accept the resignation of Scott Dries as Correctional Officer for the Jail effective 8-10-09.
2. To hire Michael Walker as Deputy Sheriff (16/B) for the Sheriff's Office at $19.5551/hour effective 8-21-09.
Step Increases Due:
1. Heidi Jerke - GIS Coordinator - Planning - 19/E to 19/F, 8-23-09, $25.0322/hour
2. Ryan Baker - Correctional Officer - Jail - 13/D to 13/E, 8-18-09, $18.1589/hour
3. Jered Broesder - Correctional Officer - Jail - 13/D to 13/E, 8-20-09, $18.1589/hour
Carey Deaver, Human Resources Director, requested authorization to enter into an agreement with SilverStone Group, Inc. to perform a review of the health benefits program at an estimated cost of $2,000. Ms. Deaver reported that changes are needed to the current health benefits program making this a good time for the review. After the review, recommendations will be presented to the Commission. MOTION by Barth, seconded by Twedt to authorize the Human Resources Director to sign the Consulting Services Agreement. 4 ayes.
NOTICE
Notice was received of the East Dakota Water Development District Board Meeting on 7/20/09.
LIENS
The following lien compromises were recommended by Hauge Associates, Inc.:
MOTION by Barth, seconded by Twedt to release DPNO 46188 in the amount of $743.76 in full upon payment of $300.00 within 10 days. 4 ayes.
MOTION by Barth, seconded by Kelly to release DPNO 62885 in the amount of $943.07 in full upon payment of $565.80 within 14 days. 4 ayes.
AGREEMENT
Trae Umstead, IT Director, presented an agreement to purchase a case management software program to be used by the offices of the State's Attorney, Public Defender, and Public Advocate. It will be integrated with the New World System and will be purchased with funds from the Edward Byrne Justice Assistance Grant program at a cost of $108,000, plus $16,800 for custom interface fees. The annual maintenance fee is estimated at $12,000 and will be paid for by the IT department because the program will be utilized by multiple departments. Commissioner Twedt thanked Assistant Sheriff Michelle Boyd and the Sheriff's department for finding funding to support this program. MOTION by Twedt, seconded by Barth to authorize the Chairman to sign the Agreement for Proprietary Software with Cyberchannel, Inc., dba LegalEdge Software. 4 ayes.
BRIEFING
Lloyd Olson, Facilities Director, briefed the Commission on two power outages that affected the County Campus last week. The first incident was corrected by Xcel Energy and power was restored quickly. The second outage resulted in an interruption of power to the buildings which caused equipment failures and damage. Some department heads elected to dismiss employees due to smoke and odor in the Administration Building. Commissioners discussed whether a generator was needed for the Administration Building and if Homeland Security Grant funds could be used for the purchase. Commissioner Kelly suggested a tabletop exercise to better prepare for future outages.
APPEAL
Phil Kappen, Assistant Planning Director, was present for an appeal of the Planning Commission decision denying a Conditional Use Permit to allow for a rubble dump facility on property legally described as the W1000.89' of Lots B & C of Tract 1, & the W250' S206' E340' of Tract 4, All in Waitt Tracts 1, 2, 3, 4, & 5 inclusive, in the NE1/4 of Section 35-T101N-R51W. The property is located at 46451 267th Street. Mr. Kappen explained that when considering the permit, the county looks at land use and density issues while the state looks at environmental issues. The applicant intends to operate a construction and demolition debris disposal site on the property. The facility would be open from 7 a.m. to 5:30 p.m. Monday through Friday, and has an approximate life span of 10 years. The site is located across from a housing development with 77 lots. Residents in the area already have litter from the existing Sioux Falls Landfill just west of the proposed site. The highway had a daily traffic count in 2008 of 3,528 vehicles per day to the east, and 1,743 to the west. The proposed use would create traffic flow problems on the highway. The impact to wetlands shown in the area was also discussed. Commissioner Pekas announced that the attorney representing the applicant was unable to attend today's hearing due to illness. The Commission will hear from both sides today and defer action until next week. Don Runge, applicant, explained the difference between a disposal facility and solid waste dump. He reported that he conducted a noise test on acceleration and deceleration in the area and found that the increase would be around 1.5 decibels higher than normal traffic. He also reported that he meets the 1000 foot setback requirement of the state. He estimated that the facility would have 10 to 12 trucks entering the driveway per day and he is willing to install a turn lane off the highway. Jack Leininger, opponent, spoke on behalf of several property owners in the area and expressed concerns on the increase in truck traffic, safety, increased access in front of the development, lost revenue for the Sioux Falls Regional Landfill, dust, litter, decrease in property values, and loss of wetlands. He believed the additional traffic would increase congestion in the area and did not feel that turning lanes would alleviate any safety issues. He also believed the city landfill accepted the same materials that would be disposed of at the proposed rubble site and allowing a second site would not be cost productive to the users. He asked who would enforce the conditions if the permit is granted. Jim Larson, Country Villa Road District, reported that at the time of the Planning Commission hearing, signatures were collected from area residents in opposition to the CUP. Those residents were again contacted by Mr. Larson and were still in opposition. Grant Edgecomb, opponent, voiced concerns on bus routes in the area. Tammy Mielke, opponent, discussed the continuing problems with people dumping furniture and other items on nearby roads. Glenn Fuerstenberg, opponent, reported that the entrance of the proposed site was moved to intersect with Valdez Road. He explained that Valdez Road is an access road to the subdivision. Aligning the driveway would not make it an intersection. He thought that businesses were to be located at an intersection. Commissioner Kelly clarified that the decibel readings near the landfill were taken along the landfill access road rather than along the highway. Commissioner Twedt asked for additional information at the next meeting on the number of bus routes in the area and a current traffic count, if possible. Each side will be allowed 10 minutes for final comments. Today's information was taken under advisement.
OLD BUSINESS
Commissioner Barth reported that he believes the 2009 Sioux Empire Fair was a success.
Commissioner Barth expressed regret that the Housing First Project was not discussed at the Joint City/County meeting.
MOTION by Twedt, seconded by Barth to correct the range number in Resolution MC09-26, adopted on July 20, 2009. 4 ayes. The range was incorrectly listed at 50W and should have shown 48W.
Last week, the Commission directed the Assistant Commission Administrative Officer to send a letter to the state requesting information on the status of the return of the 2009 Homeland Security Grant funds to the state for state radio updates. Sheriff Mike Milstead asked that the Commission hold off on the update as it is anticipated that the state will respond within the week.
MOTION by Kelly, seconded by Barth to adjourn until 9:00 a.m. on Tuesday, August 25, 2009. 4 ayes.
APPROVED BY THE COMMISSION:
John Pekas,
Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $286.62.
1226303-02 Aug. 26, 2009
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