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BV Challenger legals: 9/1

August 31. 2010 11:35AM
Notice to Creditors
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
PRO. #10-187
ESTATE OF
DELORES JONESON
DECEASED.
NOTICE TO CREDITORS
Notice is given that on August 23rd, 2010, Richard H. Joneson (whose address is 19705 Harrison Road, Shawnee, Oklahoma 74801) and Julie L. Padgett (whose address is 1509 East Old Hickory Place, Sioux Falls, South Dakota 57104) were appointed as co-personal representatives of the estate of DeLores Joneson.
Creditors of decedent must file their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims may be filed with the co-personal representatives or may be filed with the clerk, and a copy of the claim mailed to the co-personal representatives.
/s/ Richard H. Joneson
Richard H. Joneson
19705 Harrison Road
Shawnee, OK 74801
/s/ Julie L. Padgett
Julie L. Padgett
1509 East Old Hickory Place
Sioux Falls, SD 57104
Caryl H. Abbott
Attorney for Estate
1401 Rushmore Dr. – PO Box 650
Brandon, SD 57005-0650
Minnehaha County Clerk of Courts
425 N. Dakota Ave.
Sioux Falls, SD 57104
C-9/1,8,15 Joneson Ad#1289131

Brandon Valley School Dist.
The regular meeting of the Brandon Valley Board of Education, Brandon, SD was held at 6:30 p.m. on the 23rd of August, 2010 at the Brandon Valley Middle School Media Center with the following members present: Jean Bender, Jay Rasmussen, Gregg Ode, Renee Ullom and Todd Egge. Absent: none. Also present were Superintendent David Pappone, Business Manager Paul J. Lundberg, Assistant High School Principal Brad Thorson, Activities Director Randy Marso, Middle School Principal Dan Pansch, Fred Assam Elementary Principal Susan Foster, and Operations Manager Todd Williams.
Jean Bender called the regular meeting to order and opened with the Pledge of Allegiance.
Motion by Rasmussen, seconded by Egge to approve the agenda as revised. Motion carried.
Brandon Valley Middle School instructor Nick Skibsted demonstrated an Electronic Student Response System that is used in many classrooms. There are 32 responders per set and the MS has three sets, one each for 6th, 7th, and 8th grade. He thanked the School Board for making this type of response system possible.
Activities Director Randy Marso discussed policy development concerning “Return to Play Following Concussion”, which is in the forefront of athletic medicine. An administrative rule has been put in place in the area of “Return to Play Following Concussion” until the board has a chance to review the rule and to adopt this rule as an official policy. The administrative rule states that before a player can return, a release must be signed by a Medical Doctor, Brandon Valley’s Certified Athletic Trainer, and a parent. Discussion centered on what “type” of medical professional would be considered adequate as a first signature. The consensus was to leave the form as “medical doctor” (versus physician’s assistant, nurse practitioner, chiropractor, certified athletic trainer, etc.). Marso stated that Brandon Valley’s own Certified Athletic Trainer felt he should not be making that decision on that level. Superintendent Pappone will draft a policy for review at the next board meeting.
Marso also reported that over the past two weeks, the athletic department has tested all of our fall athletes in the sports of competitive cheer, boys/girls soccer, football, and volleyball. A computer test, called the IMPACT test, has been administered to all of our fall athletes to determine a baseline of normal brain activity for each athlete. After a head injury, and after the determined healing time, that athlete is then retested and that test is compared to the baseline test completed while the athlete was healthy to determine when the athlete can return.
Business Manager Paul Lundberg discussed an amendment to the defeasement resolution passed at the August 9, 2010 meeting. The amendment changes the amount of bonds being defeased from $1,250,000 to $1,215,000. Motion by Rasmussen, seconded by Ode to approve the Resolution Amending Resolution Authoring Defeasance of a Portion of the Brandon Valley School District 49-2, Minnehaha County General Obligation Bonds, Series 2008 Prior to maturity. Motion carried.
Motion by Ullom, seconded by Rasmussen to approve the Communication Services for the Deaf, Inc. (CSD) Professional Services Agreement for the 2010-11 School year striking paragraph #4 entitled “Indemnifications and Hold Harmless Provision”. Motion carried.
Motion by Egge, seconded by Ode to approve the following general business items:
1. Approve the following Open Enrollments: #11-105 and 11-106.
2. Approve Public School Exemptions: #11-1, 11-17, 11-65, and 11-95.
3. Approve the administrative recommendation for the South Dakota High School Activities Association Official Runoff Election to cast our ballot for Steve Dick from West Central School District.
Motion carried.
Motion by Rasmussen, seconded by Egge to approve the following personnel item:
1. Recommendation to hire Heidi Meier, FAE 1st Grade, BA Step Base - $33,270.00, effective for the 2010-11 school year.
2. Recommendation to hire Stacey Smith, FAE Special Education Educational Assistant for the A/O program, 18.75 hours/week, $11.00/hour.
3. Approve the following substitute teachers for the 2010-11 school year: Karel Amend, Kyndra Bargfrede, Karlyn Beenblossom, Stacy Bruce, Cheryl Carlson, Jason Clare, Kaye Coburn, Richard Coots, Shane DeBoer, Alyssa Ellerbroek, Jerry Gladis, Barbara Hansen, Dianna Hood, Wendy Ibberson, Jeanne Jensen, Holly King, Wilma Kirkeby, Donna Lease, Jodi Lems, Lori Magelky, Penny Malsom, Cathijo McGee, Heidi McNamara, Kathy Metzger, Ardis Moeller, Erica Neeves, Susan Nifong, Priscilla O’Neill, Matthew Onnen, Brett Pappas, Gloria Perrizo, John Rothenberger, Sheila Samsel, Andrew Schneider, Diane Schroeder, Anita Shearer, Jessica Simmons, Lonna Smith, Sara Sorenson, Gary Stensaas, Marcie Stoltenberg, Jennifer Swenson, Amanda Button, Jana Carlson, Robert Forster, Tanya Jacobson, Armen Janjigian, Alisha Nelson, Ryan Thompson, Kevin Quimby, Danae Wieking, and Rachel Erpelding.
4. Recommendation to hire Nick Skibsted, Freshman Football Coach, 8% of BA Step 3 - $2,736.00
5. Approve request for one year leave of absence (2010 Football season) from Nick Stroh from Freshman Football Coach.
6. Approve resignation from Molly Ring from BVMS Assistant Track Position, contingent on finding a suitable replacement.
7. Recommendation to hire Dave Hagen, BVMS Assistant Football Coach, 6% of BA Step 10 - $2,215.00.
8. Approve request for seven days of unpaid leave from Julie Nelson, BVHS Child Nutrition Services.
Motion carried.
The following personnel item was reviewed by the Board of Education for information only:
1. Request for Maternity Leave from Kelly Eichelberg, BVHS Special Education Instructor, on or about November 26, 2010.
Communications received by the Central Office were reviewed. They included the following items:
1. Thank you from Renae Peyton, Sandy Cummings and Merle Horst, Brandon Elementary, for the District provided lunch on our first day back.
Board of Education Committee Reports were heard. Jean Bender reported that the Board will be again reviewing results of the District Survey during the second meeting in September, 2010.
Buildings & Grounds – Jay Rasmussen updated the Board on near completion of the Valley Springs Elementary Parking lot, as well as the Brandon Elementary remodel project.
Travel reports were reviewed.
Motion by Rasmussen, seconded by Ode to adjourn the meeting at 7:35 p.m. Motion carried.
Paul J. Lundberg
Business Manager
Approved by the Board of Education this 13th day of September, 2010.
Published once at an approximate cost of $73.05.
C-9/1 Min 8/23 Ad#1289779

Brandon
NOTICE OF ZONING HEARING
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Brandon Planning and Zoning Commission on the 16th day of September, 2010, at 6:30 p.m. at the Brandon Council Chambers, 308 Main Avenue, Brandon, South Dakota;
FURTHER NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Brandon City Council on the 4th day of October, 2010 at 6:30 p.m. at the Brandon Council Chambers, 308 Main Avenue, Brandon, South Dakota;
Both hearings will be conducted to consider the request for re-zoning of the following described property from NRC to R-1, Single-Family Residential.
The legal description and property address is:
To be platted as Sunrise Estates Addition Lots 14-16 Block 6; Lots 10-12 Block 5; Lot 7 Block 10 and Lot 1 Block 9. (2712, 2713, 2716, 2717, 2720, 2721, 2800 & 2801 Augusta Street)
NOTICE IS FURTHER GIVEN, that any interested persons, their representative, or their attorney may appear and be heard.
Dated this 25th day of August, 2010
Chuck Parsons, Chairman
Planning & Zoning Commission
Dennis E. Olson
City Administrator/Finance Officer
Published once at an approximate cost of $24.23.
C-9/1 NOZH Ad#1289773

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., August 24, 2010, pursuant to adjournment on August 17, 2010. Commissioners present were: Hajek, Twedt, Barth, and Pekas. Commissioner Kelly was absent. Also present were Cindy Jepsen, Commission Recorder and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Hajek called the meeting to order,
MOTION by Pekas, seconded by Barth to approve the agenda. 4 ayes.
MINUTES
MOTION by Twedt, seconded by Pekas to approve the August 16 and August 17, 2010 Minutes. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Pekas, seconded by Twedt to approve the following bills totaling $365,947.49 for payment. 4 ayes.
A & B Business Equip, Var. Depts, 555.89; A To Z World Languag, Var. Depts, 100.00; Aamlid, Sandra, Extension, 183.77; Ahrendt, Brian T, Courts, 4,702.05; Ahrens, Iris, Human Svcs, 400.00; Anacon Leasing Inc, Public Def, 329.00; Anesthesiology Assoc, Human Svcs, 272.00; Appeara / Dudley Lau, Hwy Constr, 32.75; Arbor Care Inc, Facilities, 133.00; Arena Motel, Var. Depts, 1,820.00; Argus Leader, Human Res, 817.00; Avera Gutnik & Assoc, Mental Ill, 99.86; Avera Home Medical E, Human Svcs, 401.44; Avera McKennan Hosp, Var. Depts, 666.80; Avera McKennan Hospi, Var. Depts, 5,200.83; Avera McKennan Hospi, Human Svcs, 400.00; Axtell Apts Ltd Ptnr, Human Svcs, 400.00; B&F Fastener Supply, Hwy Constr, 32.00; Barnes & Noble Inc, Extension, 14.36; Beck, Pat Court Repo, Human Svcs, 153.60; Bentwood Manor Apts, Human Svcs, 250.00; Best Business Produc, Reg Deeds, 47.62; Bierschbach Equipmen, Hwy Constr, 2,475.00; Boulevard Investment, Human Svcs, 400.00; Brandhagen, Douglas, Human Svcs, 365.00; Brookings County She, Jail, 130.00; Byre, Elton W, ARRA-HPRP, 1,425.00; Campbell Supply Co I, Hwy Constr, 35.99; Carlson, Lisa, Courts, 23.80; Carol Butzman Consul, Mental Ill, 178.16; CBM Food Service, Jail, 8,104.10; Center For Family Me, Var. Depts, 401.83; Century Business Pro, Var. Depts, 119.22; Chapelwood III LLC, Human Svcs, 500.00; Chemco, Inc., Human Svcs, 86.88; Citigroup Global Mar, Cap Proj, 15,000.00; Cody, Denise, Mental Ill, 195.00; Communication Svcs F, Public Def, 156.00; Cooey, Carla F, Courts, 45.60; Correct Care Solutio, Sheriff, 57,320.00; Cottingim, Jennifer, Deposit Refund, 150.00; Country Meadows Apts, Human Svcs, 900.00; Country View MHC, Human Svcs, 330.00; Dakota Data Shred, Facilities, 80.74; Dakota Fluid Power, Hwy Constr, 237.47; Dakota Riggers & Too, Hwy Constr, 46.79; Daniels-Olsen Bldg P, Mus Entpr, 188.70; Decastro Law Office, Courts, 382.48; Diesel Machinery Inc, Parks, 250.00; Dietrich, Donna K, Mental Ill, 1,603.73; Dollar Tree Stores I, Human Svcs, 417.60; Dust Tex Service Inc, Mus Maint, 10.12; Ebert's Properties, Efsp Fund, 370.00; Emdeon Business Serv, Human Svcs, 39.95; Express Copy & Print, Sheriff, 155.00; Family Service Inc, Human Res, 390.00; Fastenal Company, Hwy Constr, 47.64; First Administrators, Human Svcs, 454.08; First Premier Bank, Sheriff, 58.30; Garden Gate Master G, Extension, 60.00; Genzlinger, Janeen, Courts, 167.20; George Boom Funeral, Human Svcs, 2,250.00; Goebel Printing, Inc, Var. Depts, 102.78; Graham, Robert C, Human Svcs, 350.00; Grapevine, Dan, Hwy Constr, 55.52; Great Plains Int'l T, Hwy Constr, 12.48; Great Plains Psychol, Courts, 4,135.00; Gunner, Andrea, Courts, 59.80; Guzman, Sandra V., Var. Depts, 250.00; Harmer, Gerald, Human Svcs, 400.00; Harms Oil Company, Hwy Constr, 17,411.73; Harold's Photo Cente, Public Adv, 3.55; Healthport, Public Def, 41.91; Hoekstra, Denise A., Courts, 64.40; Hohn, Rodney L, Hwy Constr, 73.95; Howe Heating & Plumb, Facilities, 267.50; Huffer, Douglas A, Hwy Constr, 143.21; Hurtgen, Timothy T., Human Svcs, 600.00; Hy-Vee Accounts Rece, Var. Depts, 262.83; Interstate Office Pr, Var. Depts, 1,498.56; JE LLC, Human Svcs, 303.00; Jefferson Partners L, Human Svcs, 3,880.20; JH Larson Company, JDC, 153.97; Jim Bork Enterprises, Reg Deeds, 569.00; Johnson Controls, In, Mus Maint, 621.09; Johnson, Coleen, Human Svcs, 400.00; Johnson, Merle, Human Svcs, 350.00; Johnson, Ron P, Human Svcs, 400.00; Johnson,Miner, Marlow, Mental Ill, 336.76; Kennedy, Pier & Knof, Mental Ill, 137.20; Kennedy, Renee S, Courts, 869.40; Keystone Treatment C, Courts, 180.00; Khoroosi, Sam, Courts, 1,505.00; Kleen Solutions, Inc, Jail, 159.90; Kmart #7318, Human Svcs, 57.91; Koch Hazard Architec, Bldg Fund, 1,583.39; Kone, Inc., Facilities, 534.21; Koopman & Sons Gas C, Hwy Constr, 60.00; Language Line Servic, Info Tech, 101.48; LCM Pathologists PC, Coroner, 10,800.00; Lewis & Clark Bhs, Mental Ill, 1,562.00; Lewis Drug Stores, Var. Depts, 7,183.28; Lickide-Split Car Cl, Sheriff, 720.00; Lutheran Social Svce, Var. Depts, 6,679.76; Mac's, Inc., Hwy Constr, 59.99; Maciejewski, Steven, Sheriff, 72.39; Mallard Cove Apts /, Human Svcs, 400.00; Marco, Extension, 233.13; Mcgrath, Michael J, Mental Ill, 369.00; Medical X-Ray Center, Human Svcs, 144.44; Menards - East, Parks, 82.39; Metro Communications, Public Def, 300.00; Midamerican Energy C, Var. Depts, 691.14; Midcontinent Communi, Human Svcs, 145.79; Midcontinent Media I, Human Svcs, 163.67; Mikelson, Gary E, Mental Ill, 188.60; Minn Cnty Planning P, Var. Depts, 38.63; Minnehaha Cnty Juv D, JDC, 94.62; Minnehaha Cnty So Pe, Sheriff, 163.70; Myers & Billion Llp, Mental Ill, 770.10; Myrl & Roys Paving I, Hwy Constr, 54,440.10; NACDL, Public Adv, 125.00; Nat'l Sheriffs' Asso, Sheriff, 150.00; Neuro Restorative, Public Def, 66.00; Nguyen, Lam, Courts, 50.00; Nies Properties Llc, Human Svcs, 400.00; North Ridge Apartmen, Human Svcs, 500.00; Northwest Shuttle, Sheriff, 350.00; Nyberg's Ace Hardwar, Extension, 9.98; Office Depot, Inc., Info Tech, 276.36; Palmer, Barbara, Mental Ill, 2,115.00; Panasonic Finance So, Extension, 203.12; PBC Sioux Falls LLC, Var. Depts, 869.99; Pennington County Ja, Jail, 6,171.25; Petco Animal Supplie, Sheriff, 49.99; Peters, Scott N, Pc, Mental Ill, 4,642.20; Pfeifer Implement Co, Var. Depts, 166.48; Prairie Star Indian, Mus Ops, 60.00; Presto-X-Company, Var. Depts, 252.00; Primary Products Co, JDC, 300.00; Prince Of Peace Retm, Human Svcs, 2,774.31; Property Records Ind, Reg Deeds, 200.00; Provo, Tom, Human Svcs, 350.00; Qualified Presort Se, Var. Depts, 3,632.21; Quality Efficiencies, Human Svcs, 400.00; Quill Corp., JDC, 586.42; Qwest, Var. Depts, 87.87; Refinish Supply Cent, Hwy Constr, 18.79; Rehfuss, Cathy A, Mental Ill, 195.00; Rensberger, Ron, Human Svcs, 400.00; Richmond Ii Ltd Ptnr, Human Svcs, 500.00; Rods Properties Llc, Human Svcs, 400.00; Rural Metro Ambulanc, Mental Ill, 111.55; Salem, Calvin L, Human Svcs, 400.00; Sanders Printing Co, Reg Deeds, 90.00; Sanford Health Plan-, Human Svcs, 471.47; Sanford Home Medical, Human Svcs, 28.57; Sanford Hospital - R, Human Svcs, 200.00; Schelling, Sheldon, Mental Ill, 1,485.00; School Specialty, Mus Ops, 23.52; SD Dept Of Health, Public Def, 39.50; SD Dept Of Public Sa, Human Svcs, 50.00; SD Dept Of Revenue, Sheriff, 14.00; SD Div Of Criminal I, Human Res, 43.25; SD Drug Control Fund, 24/7 Prog, 45.00; SF Leased Hsg Assoc, ARRA-HPRP, 473.00; Shald-Hudelson, Bren, Var. Depts, 431.55; Shepherd Reporting L, Mental Ill, 25.00; Sherwin Williams, Facilities, 52.57; Shipley's Laundry &, Mus Entpr, 20.60; Shippernet, Human Svcs, 195.70; Shriver, Tim/Greg, Human Svcs, 500.00; Sign A Rama, Mus Ops, 400.00; Simon, Anthony, Commission, 65.00; Sioux Falls City Fin, Var. Depts, 1,205.59; Sioux Falls Humane S, Humane Soc, 3,663.64; Sioux Falls Utilitie, Var. Depts, 6,031.72; Sioux Valley Energy, Hwy Constr, 132.73; Slowey, Yavonne C, Mental Ill, 612.25; Somali-Bantu Comm De, Human Svcs, 135.00; Songstad, Melinda, Courts, 15.20; Stoney Creek Townhom, Human Svcs, 1,200.00; Tally Ho Apartments, ARRA-HPRP, 445.00; Thorin, Deyanira T, Var. Depts, 512.50; Tires,Tires,Tires In, Sheriff, 1,066.25; Tomacelli's Pizza, Courts, 84.00; Tool Depot, Hwy Constr, 54.85; Traf-O-Teria System, Sheriff, 229.84; Tri-State Implement, Hwy Constr, 6.38; Twedt, Carol, Commission, 25.00; UMR-Cobra, Human Svcs, 334.45; Vandenbos, Dallas, Human Svcs, 1,000.00; Vanroekel, Jennifer, Sheriff, 188.00; VB Falls Terrace Apt, Human Svcs, 400.00; Volunteers Of Americ, Var. Depts, 4,238.50; Wal-Mart Pharmacy #1, Human Svcs, 404.62; Walgreen Co., Human Svcs, 1,838.58; Wellmark Blue Cross, Human Svcs, 645.20; West Group, Var. Depts, 2,502.57; Winner Police Depart, Jail, 66.80; Xcel Energy, Inc., Var. Depts, 69,303.02; Yankton County Sheri, Mental Ill, 175.00; Yankton County Treas, Mental Ill, 2,116.00; Zabel Steel Co., Parks, 45.74
PERSONNEL
MOTION by Pekas, seconded by Barth to approve the following personnel changes. 4 ayes.
1. To end the temporary, part-time employment of York Thomas as Highway Laborer effective 8/17/2010.
2. To end the temporary, part-time employment of David Herbener as Highway Laborer effective 8/19/2010.
3. To hire Alyssia Hanson as part-time Juvenile Correctional Worker (9/1) for the Juvenile Detention Center at $13.745/ hour effective 8/24/10.
4. To correct the action last week which should have reflected an end date of 8/8/10, as opposed to 8/6/10, for Jason Feiock, Corrections Systems Operator (9/1) for the Jail.
5. To end the temporary salary adjustment for Kari Benz, Assistant Director of Human Services (21/3), for serving as Acting Director of Human Services effective 8/27/10.
Step Increases Due:
1. Trae Umstead - IT Director - IT - 24/7 to 24/8 - 7/30/10 - $3,179.52/bi-weekly
2. Colleen Moran - Senior Deputy State's Attorney - State's Attorney's Office - 22/10 to 22/11 - 8/9/10 - $2,810.24/bi-weekly
3. Jacqueline Rasmussen - Senior Deputy Public Defender - Public Defender's Office - 22/8 to 22/9 - 8/18/10 - $2,674.88/bi-weekly
4. Kyle Helseth - Deputy Director of Equalization - Equalization - 21/9 to 21/10 - 8/28/10 - $2,483.84/bi-weekly
5. Larry Bakken - Appraiser III - Equalization - 18/5 to 18/6 - 8/28/10 - $24.255/hour
6. Kulani Moti - Deputy Public Defender - Public Defender's Office - 21/1 to 21/2 - 8/17/10 - $2,038.64/bi-weekly
7. Rodney Hohn - Highway Maintenance Worker - Highway - 12/8 to 12/9 - 8/28/10 - $19.422/hour
8. Holly Christofferson - Custodial Supervisor - Facilities - 12/4 to 12/5 - 8/17/10 - $17.595/hour
9. Steven Oberle - Army Guard Security Officer - Army Guard - 10/8 to 10/9 - 8/1/2010 - $17.595/hour
10. Kurt Woodard - Army Guard Security Officer - Army Guard - 10/8 to 10/9 - 8/1/2010 - $17.595/hour
MOTION by Pekas, seconded by Barth to reclassify the vacant Planner III position from a pay grade 21 to a pay grade 19. 4 ayes.
NOTICES
MOTION by Twedt, seconded by Pekas, to authorize the Auditor to publish notice of the annual auction of county surplus property on September 11, 2010. 4 ayes.
Notice was received from the SD Sept of Transportation of an Aug. 25th meeting to solicit public comment on the Statewide Long Range Transportation Plan.
BID
Bob Meister, Highway Superintendent, reported that bids were opened for the Highway Re-roof project on August 11th at 10:30 am. One bid was received: Guarantee Roofing & Sheet Metal, $51,889.00 plus $1.25 per board foot for replacement of wet insulation. MOTION by Pekas, seconded by Barth to accept the bid from Guarantee Roofing & Sheet Metal. 4 ayes.
SURPLUS
MOTION by Pekas, seconded by Twedt to declare property on the list identified as Exhibit A as surplus for disposal at the Sept. 11th public auction. 4 ayes. The complete list is available at the Auditor's office or the county website.
MOTION by Pekas, seconded by Barth to declare the following items surplus for donation to other governmental agencies: 4 cubicle overhead compartments, Sheriff/ Jail, to Brandon Volunteer Fire Dept; 2 hose reels, value $50, Highway, and 10 folding chairs, Museum, to Colton Fire Dept. 4 ayes.
SUPPLEMENT
MOTION by Pekas, seconded by Barth to supplement $12,320.39 from the EFSP Fund to the EFSP budget (ASN 21137) representing the second half of the 2010 EFSP allocation plus interest. 4 ayes.
TAX DEED
At the request of Sue Roust, County Auditor, MOTION by Barth, seconded by Pekas to approve Resolution MC10-36. 4 ayes.
RESOLUTION MC10-36
WHEREAS, Minnehaha County currently owns the following property (Tax Deed #, RDID #, legal description, 2008 Appraisal Board value):
2493, 50044, Lot 12B Block 13 of The Park in Tuthill Highlands Addn to City of Sioux Falls, $0.00; and
WHEREAS, it is in the best interest of Minnehaha County taxpayers to return this property to the tax roll and attach it to an adjacent property; now, therefore, be it
RESOLVED, that the Minnehaha County Commission hereby declares RDID# 50044 to be surplus property; and be it further
RESOLVED, that the Minnehaha County Treasurer is authorized to issue a Quit Claim Deed as follows, and abate all outstanding taxes, interest, and penalties levied against this property:
RDID# 50044 to Thomas & Patsy Noordsy, 2513 E. Harriet Lea, Sioux Falls, SD 57103
Approved this 24th day of August, 2010.
Anne Hajek,
Commission Chairman
ATTEST:
Cynthia Jepsen,
Deputy Auditor
APPEAL
Pursuant to deferral on August 17th, the Commission again considered the appeal of the County Planning Commission's decision to deny Conditional Use Permit #10-28 to allow a Class 1 Major Home Occupation of a Garbage Hauling Business, Truck Repair, and Truck and Dumpster Storage at Hofer Tracts 1 & 2 (ex H-1) SW 1/4 Section 15-T101N-R51W. Scott Anderson, Planning Director, reported that the 1990 Minnehaha County Zoning Ordinance describes the Home Occupation regulations as allowing limited commercial type activities associated with a residence only to the extent that the activity is clearly subordinate to the residential or agricultural use of the property. The Planning Commission voted 6-0 to deny this CUP, saying it is not in conformance with the Comprehensive Plan, would constitute spot zoning, exceeds the criteria of a home occupation, and is not an allowed use in the A-1 Agriculture zoning district.
Mr. Anderson was directed last week to prepare a set of conditions under which he could recommend approval. He presented 16 conditions, the first 11 of which were taken directly from Article 12.0302 of the Zoning Ordinance, and the last 5 of which addressed storage of garbage containers, SD sales tax license, hard surfacing the driveway, off-street parking, and hours of operation.
Tom Clayton, attorney for applicants Cindy Swier and Todd Snyders (RS Sanitation), requested adjustments to the conditions on hard surfacing the driveway and hours of operation, and requested that condition 17, "Landowner has an ownership interest in R&S Sanitation, Inc." be added. Jerry Noonan, former county commissioner, reminded the commissioners that he participated in drafting the home occupation provisions, and he urged the Commission to find ways to encourage small business development in rural areas. Gordy Swanson, Chief Civil Deputy State's Attorney, recommended the addition of condition 18, "Permit conditional upon Ms. Swier's ownership and occupancy of the property."
MOTION by Twedt to uphold the decision of the Planning Commission and deny Conditional Use Permit #10-28. Motion dies for lack of a second. MOTION by Pekas, seconded by Barth to approve CUP #10-28 with the following conditions:
1. The occupation shall be conducted entirely within a dwelling or accessory building and clearly incidental to the use of the structure for residential purposes.
2. The occupation shall be operated by a member of the family residing in the dwelling.
3. Employees of the occupation shall be limited to residents of the dwelling and up to two (2) non-resident employees, not to exceed four (4) employees on site.
4. In addition to the dwelling, up to 750 square feet of accessory building space may be used for the occupation.
5. The occupation shall not create noise which, when measured off the property, exceeds 60 decibels between the hours of 8:00 a.m. and 6:00 p.m. The occupation shall not create noise which is detectable to the normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off the property noise standards shall not apply to public and railroad rights-of-way.
6. The occupation shall not create vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the property.
7. No outside storage, display of goods or merchandise, or external evidence of the occupation shall occur except as outlined in this section.
8. A non-illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or accessory building. Additionally, one non-illuminated sign not exceeding four square feet in area may be located along the driveway for the occupation. No off premise signs shall be used.
9. The occupation shall not generate more than 10 visits per day from clients or customers averaged over a period of seven (7) consecutive days.
10. There shall be only limited and incidental sale of products conducted on the premise.
11. The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.
12. Any garbage containers used or stored on the property shall be kept clean of debris or liquid so as not to attract flies or create odors.
13. The applicant shall obtain a South Dakota Sales Tax License.
14. That the applicant shall hard surface the first 16 feet of private driveway extending north off of S.D. Highway 42 and that the balance of the driveway and employee parking area be treated with a dust control substance so that no dust is created from use.
15. That the applicant provides two off-street parking spaces for guests and customers and 1 additional parking space for each employee/ driver. Each parking space shall be at least 9 feet by 18 feet in area.
16. The hours of operation shall be Monday to Friday from 5:30 a.m. to 6 p.m. and Saturdays from 9 a.m. to 1 p.m.
17. Landowner has an ownership interest in R&S Sanitation, Inc.
18. Permit conditional upon Ms. Swier's ownership and occupancy of the property.
VOTE on the motion: Barth and Pekas aye, Hajek and Twedt nay. Due to the tie vote, this item will carry over to the next Commission meeting for consideration by the full Commission.
OLD BUSINESS
Chairman Hajek reported on the recent SD Assn of County Commissioners Executive Board meeting which she attended.
Commissioner Pekas noted the number of new businesses discussed at last night's Planning Commission meeting, and the involvement of the Minnehaha County Economic Development Association in encouraging new businesses.
MOTION by Pekas, seconded by Barth to adjourn into Executive Session for personnel discussion. 4 ayes. Following the Executive Session, the Commission adjourned until 9:00 a.m. on Tuesday, August 31, 2010.
Published once at the total approximate cost of $176.06.
1289813-02 Sept. 1, 2010

Minnehaha
NOTICE OF SALE
COUNTY SURPLUS PROPERTY
Minnehaha County surplus property will be sold at the City of Sioux Falls Surplus Property Auction on Saturday, September 11, 2010. Beginning at 9:00 a.m., scrap will be auctioned at the Minnehaha County highway Shop, 2124 E 60th St North, Sioux Falls. Also beginning at 9:00 a.m., general surplus property (computers, office furniture, and miscellaneous) will be auctioned at the Street Maintenance Facility, 1000 E Chambers St, Sioux Falls, with vehicles to sell at approximately 12 noon. A full list of items is available for review at the County Auditor's Office, 415 N. Dakota Ave., Sioux Falls, or on the County's website at www.minnehahacounty.org.
Dated this 24th day of August, 2010
Sue Roust, County Auditor
Minnehaha County, South Dakota
Published one time at the total approximate cost of $9.33.
1289818-02 Sept. 1, 2010






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