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BV Challenger legals: 6/30
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EmailJune 29. 2010 6:00AM
Brandon
MINUTES
PLANNING & ZONING COMMISSION
The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on June 17, 2010 at the Brandon City Council Chambers.
Roll call was taken. Members present were Chairman Chuck Parsons, Commissioners Tim Jorgenson, Linda Weber and Paul Bosch. Also present were Alderman Roger Brooks, Building Inspector Dave Swier, City Administrator Bryan Read and Mayor Larry Beesley. Absent were Commissioners Bob Serk and Todd Stone.
Chairman Parsons moved Commissioner Bosch seconded to approve the agenda with the removal of item 5 - discussion on parking requirements in all zones and landscaping standards in GB zones, will be deferred till next meeting. Motion carried.
Commissioner Weber moved Commissioner Jorgenson seconded to approve the minutes of the June 3, 2010 regular meeting. Motion carried.
At 6:35 pm, having no further business, Chairman Parsons moved Commissioner Bosch seconded to adjourn the Planning & Zoning Commission meeting. Motion carried.
At 6:35 pm, Chairman Parsons called the Board of Adjustment meeting to order.
Roll call was taken. Members present were Chairman Chuck Parsons, Commissioners Tim Jorgenson, Linda Weber and Paul Bosch. Also present were Alderman Roger Brooks, Building Inspector Dave Swier, City Administrator Bryan Read and Mayor Larry Beesley. Absent were Commissioners Bob Serk and Todd Stone.
Commissioner Jorgenson moved Commissioner Weber seconded to approve the agenda. Motion carried. A Variance Application was presented for 812 Lakota Avenue. Owner Jared Zach was present. Wants to construct an attached garage, 20' wide by 30' feet deep, that would encroach the required setback by 11'. Has no garage now, has to store everything outside. Has room to build a detached garage with access off of Marialane Drive. Based on city ordinance #15-13-1 - A front yard may be adjusted to an average of the adjacent structures’ front yards where existing adjacent structures have a front yard less than required; giving him 16' 6" of buildable space without the need of a variance. Chairman Parsons moved Commissioner Jorgenson seconded to deny the variance application. Motion carried.
At 6:49 p.m., having no further business, Chairman Parsons moved Commissioner Bosch second to adjourn the Board of Adjustment meeting. Motion carried.
Respectfully Submitted,
David A. Swier
Building Inspector
Published once at an approximate cost of $34.99.
C-6/30 P&Z Min Ad#1277168
Name Change
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHEHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 10-2477
NOTICE OF HEARING
IN THE MATTER OF THE CHANGE OF
NAME OF JOHN CHRISTOPHER LEE BOETTCHER,
TO ALL INTERESTED PERSONS:
NOTICE is hereby given that Janet McKenzie, the natural mother and guardian of John Christopher Lee Boettcher of Minnehaha County, South Dakota has filed her Petition for Change of Name with the Clerk of the above-entitled Court, praying for an Order changing the name of John Christopher Lee Boettcher to John Christopher Lee McKenzie and that the 26th day of July, 2010 at the hour of 1:30 o’clock P.M. of said day, or as soon thereafter as the matter can be heard, in the Circuit Courtroom, Second Judicial Circuit, Minnehaha County, South Dakota, has been and is set as the time and place when and where said petition will be heard and notice is given that any person interested in said name change may appear and show cause whey the Petition should not be granted.
Dated June 22nd, 2010.
ABOTT & ABBOTT, By:
/s/ Caryl H. Abbott
Caryl H. Abbott
Attorney for Petitioner Janet McKenzie
1401 E. Rushmore – PO Box 650
Brandon, SD 57005-0650
Phone: (605) 582-6075
C-6/30-7/21 Name Ad#1277763
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on June 17, 2010 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Blaine Jones, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Building Inspector, Dave Swier; Director of Human Resources, Dan Oakland and Interim Public Works Director, Rollie Hoeke. Absent Mindy Hansen and Dan Mostek.
The Council discussed the items on the agenda for the upcoming June 21, 2010 regular Council meeting. No formal action was taken.
At 6:25 p.m., having no further business, Mayor Beesley declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
Published once at an approximate cost of $19.37.
C-6/30 Brief Ad#1277990
Brandon
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on June 21, 2010 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Barb Fish, Mindy Hansen, Blaine Jones, Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Attorney Representative, Gregg Greenfield; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Clerk, Bonnie Nelson; Police Chief Dave Kull; and Interim Public Works Director, Rollie Hoeke. Absent: Bob Bruning.
Alderwoman Hansen moved Alderman Jones seconded to approve the agenda. Motion carried.
Alderman Jones moved Alderman Brooks seconded to approve the minutes of the June 3, 2010 briefing meeting and the June 7, 2010 regular meeting. Motion carried.
Alderman Mostek moved Alderman Jones seconded to approve the following claims. Motion carried.
A & B Business, Various Dept Supplies, 259.82; All Star Pro Golf, Pro Shop Resale, 195.63; Alternative HR Development, Professional Services, 2,125.00; Amy Dulaney, Swimming Lessons Refund, 25.00; Argus Leader Media, Publications, 1,269.93; Bioverse Inc, Golf Course Supplies, 880.00; Boyce, Greenfield, Pashby & Welk, May Attorney Charges, 1,043.75; Brandon Materials Comp, Park Supplies, 83.75; Brandon True Value, Various Dept Supplies, 1,787.98; Brandon Valley Area Chamber, Golf Outing, 300.00; Brock White Co LLC, Street Supplies, 2,199.10; Buskerud Construction, Redwood Project App #1, 52,269.89; Cartridge World, Various Dept Supplies, 552.72; Coffee Cup, Fuel, 28.04; Dakota Beverage, GC Resale, 3,384.40; Dakota Contracting, Hemlock Application 7, 307,750.21; Dakota Riggers, Street Supplies, 15.00; Daktronics Inc, Park Supplies, 157.65; DirecTV, Utilities, 33.27; Ditch Witch of SD, Street Supplies, 260.69; DPC Industries Inc, Water Chemicals, 3,102.13; Dust-Tex, Govt Bldg Supplies, 130.42; Ecolab Pest Elimination, Golf Course Supplies, 251.00; Ed Monson, Refund for Overpayment, 270.01; EnviroMaster Inc, Golf Course Supplies, 147.85; Express Way, Police Supplies, 33.86; Farmer Brothers Coffee, Lounge Resale, 66.06; Fjerless Mowing & Trimming, Weed Control Supply, 40.00; G & K Services, Community Room Linens, 1,211.11; Graybar, Various Dept Supplies, 6,372.74; Hauff Mid-America Sports, Pool Supplies, 144.00; Hawkins, Water Supplies, 217.75; Hydraulic World, Street Supplies, 6.72; Jerry’s Excavating Inc, Golf Course Improvements, 3,875.00; Lacey’s Chemical Restrooms, Park Rentals, 465.00; Lawson Products Inc, Street Supplies, 365.59; Marv’s Sanitary Service, Utilities, 457.00; Mathison Company, Inspections Supplies, 22.34; MidAmerican Energy, Utilities, 1,139.78; Midwest Mini-Melts, Pool Resale, 568.75; Midwest Turf & Irrigation, Golf Course Supplies, 1,535.90; Myrl & Roy’s Paving, Street Supplies, 380.64; Office Elements, Pool Supplies, 13.96; One Call Systems, Utilities, 155.94; One Stop Wedding Shoppe Inc, GC Professional Services, 150.00; Palisades Oil Co, Fuel, 1,026.79; Phil Youngdale, Summer Rec Driver, 50.00; Philbuilt Building , Park Improvements, 280.00; Pizza Ranch of Brandon, Summer Rec Supplies, 58.42; Precision Small Engine Co, Golf Course Repairs, 249.60; R & L Supply, Pool Supplies, 6.29; Recreation Supply Company, Pool Supplies, 51.55; Reiter Enterprises, Pro Shop Rentals, 1,654.00; Sam’s Club, Various Dept Supplies, 3,704.30; Sayre Associates Inc, Hemlock Lighting Project, 7,539.63; Science of Solutions LLC, Water/Pool Chemicals, 966.75; SD of Department of Revenue, May Sales Tax, 10,047.61; Sioux Empire Chapter, Pool Services, 645.00; Sioux Falls Networks, Professional Services, 85.00; Sturdevant’s Auto Parts, Various Dept Supplies, 1,008.69; Taylor Made Golf Comp, Pro Shop Resale, 173.79; Titan Machinery, Street Equipment, 65,695.00; Titleist, Pro Shop Resale, 466.59; TSP, Inc, Professional Services, 1,832.82; Valley Springs Farmers Coop, Park Supplies, 360.00; Van Diest Supply, Weed Control Supply, 2,589.40; Vander Haag’s Inc, Electrical Supplies, 950.00; Vogel Motors, Park Repairs, 150.00; Wittek Golf Supply, Golf Course Supplies, 201.04; Xcel Energy, Utilities, 3,406.44; Zimco Supply Co, Golf Course Supplies, 166.52; First National Bank, Golf Cart Loan, 2,826.10; First National Bank, Water Treatment Plant Loan, 43,926.94; City Administration, June 10, 2010 Payroll, 2,235.95; Deputy Finance Officer, June 10, 2010 Payroll, 1,999.74; Police, June 10, 2010 Payroll, 15,895.71; Building Inspections, June 10, 2010 Payroll, 2,587.28; Street Department, June 10, 2010 Payroll, 5,688.94; Summer Recreation, June 10, 2010 Payroll, 1,947.15; Pool, June 10, 2010 Payroll, 8,422.89; Park Department, June 10, 2010 Payroll, 9,568.61; Chamber of Commerce, June 10, 2010 Payroll, 1,104.37; Water Department, June 10, 2010 Payroll, 4,212.67; Sewer Department, June 10, 2010 Payroll, 2,801.37; Golf Course Grounds, June 10, 2010 Payroll, 7,585.78; Golf Course Lounge, June 10, 2010 Payroll, 3,707.53; Golf Course Pro Shop, June 10, 2010 Payroll, 6,288.38; Golf Course Community Room, June 10, 2010 Payroll, 1,987.96; 941 Payroll Taxes, June 10, 2010 Payroll, 22,043.11; MN Child Support Pymt Center, June 10, 2010 Payroll, 431.47; OFC/Child Support Enforcement, June 10, 2010 Payroll, 174.92; SD Retirement System Suppl, June 10, 2010 Payroll, 755.00; TASC Flex Plan, June 10, 2010 Payroll, 1,797.47; Johnson, Rodenburg & Lauinger, June 10, 2010 Payroll, 65.00
Alderman Brooks moved Mostek seconded to approve the consent calendar that contained the following items: A plat of Lot 36, Block 2, Sunrise Estates and a plat of Lot 11, Block 2, Sunrise Estates. Motion carried.
Two sewer account overpayments on the 1600 block of Redwood Boulevard were presented to the Council. Alderman Brooks moved Jones seconded to accept the request and refund the overpayment amount.
The owner of a home in Richland Park approached the Council with questions regarding insurance coverage for a sewer back-up that occurred in May, 2010. He had questions as to why the City’s insurance denied the claim. No formal action was taken.
The City health insurance program renewal was discussed. Alderman Jones moved Brooks seconded to renew the health insurance coverage as presented for the balance of the current year. Options will be reviewed over the next six months to include changing the policy renewal date to coincide with the annual budget date. Motion carried.
Alderman Mostek moved Alderman Brooks seconded to give second reading to Ordinance #471. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 15-12-9 BY ADDING FENCING REGULATION; AMENDING 15-3-10 BY DECEASING SIDE YARD REQUIREMENTS IN AN HI ZONING DISTRICT; AND AMENDING 15-12-12, B BY ADDING THE R-2 ZONE DISTRICT TO LANDSCAPING STANDARDS. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Jones moved Alderwoman Hansen seconded to give a first reading to Ordinance #472. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Jones moved Alderman Brooks seconded to give a first reading to Ordinance #473. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
The Golf Course, Police, and Park & Recreation Committee reports were heard. Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #16-10 that supports a LWCF grant application for playground equipment to be located in VanBuskirk Park. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #16-10
WHEREAS, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects:
THEREFORE LET IT BE RESOLVED:
1. That the City Administrator, Bryan H. Read is hereby authorized to execute and file an application on behalf of the City of Brandon with the National Park service, U.S. department of the Interior, through the State of South Dakota, Department of Game Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing Van Buskirk Park Playground Project for the City of Brandon, South Dakota and its Environs.
2. That the City Administrator, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed.
3. That the City of Brandon shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility.
Dated this 21st day of June 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #18-10 that supports a LWCF grant application for playground equipment in McHardy Park. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #18-10
WHEREAS, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects:
THEREFORE LET IT BE RESOLVED:
1. That the City Administrator, Bryan H. Read is hereby authorized to execute and file an application on behalf of the City of Brandon with the National Park service, U.S. department of the Interior, through the State of South Dakota, Department of Game Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing McHardy Park Playground Renovation Project for the City of Brandon, South Dakota and its Environs.
2. That the City Administrator, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed.
3. That the City of Brandon shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility.
Dated this 21st day of June 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Administration and Street Committee reports were heard. The following bids were received, opened and read, on Tuesday, June 15, 2010 at 10:00 a.m. at the Brandon City Hall, as advertised, for the Hemlock Boulevard Street Light Project. Alderman Jones moved Alderman Mostek seconded to accept the low bid from Wayne Meyer Electric, Inc., of Yankton, SD in the amount of $77,546.44, subject to EDA’s approval, and authorize the necessary signatures to complete a contract. Motion carried.
Action Electric, Sioux Falls, SD, …………………………… $ 78,475.00
Electric Construction Co., Sioux Falls, SD, …….........…….. $113,248.00
Muth Electric Inc., Mitchell, SD, ………………...…………. $102,774.00
Wayne Meyer Electric, Inc., Yankton, SD, ...………….......... $ 77,546.44
Alderman Jones moved Alderman Brooks seconded to adopt Resolution #17-10 that gives authorization to provide information to the SDDOT in connection with an application for a grant from the Federal Transit Administration for our transit bus operation. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #17-10
A RESOLUTION TO AUTHORIZE THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT.
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital and operating assistance projects for non urbanized public transportation systems Section 5311 of the Surface Transportation Assistance Act, and
WHEREAS, the South Dakota Department of Transportation, Division of Finance and Management, Office of Local Transportation Programs has been designated by the Governor to administer Section 5311; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including provision by it of the local share of project costs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brandon:
That Bryan H. Read, Brandon City Administrator, is authorized to execute and file an application on behalf of the City of Brandon with the South Dakota Department of Transportation to aid in the financing of capital and/or operating assistance projects pursuant to Section 5311 of the Surface Transportation Assistance Act.
That Bryan H. Read, Brandon City Administrator, is authorized to furnish such additional information as SDDOT may require in connection with the application or the project.
Dated this 21st day of June 2010. Larry D. Beesley
Mayor
ATTEST: Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Brooks moved Alderman Jones seconded to set at bid opening date of Thursday, July 15, 2010 at 10:00 a.m. at Brandon City Hall to open bids for the Needles Drive Reconstruction Project. Motion carried.
The Water and Sewer Committee report was heard.
At 7:06 p.m. on a motion by Alderman Jones seconded by Alderwoman Hansen the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $145.47.
C-6/30 Min 6/21 Ad#1277991
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 City Administrator of said city until 10:00 A.M. on July 15, 2010, and will be publicly opened and read.
The project generally consists of the following work:
Remove Concrete Curb and Gutter, 920 Ft
Remove Asphalt Concrete Pavement, 3754 SqYd
Unclassified Excavation, 975 CuYd
Aggregate Base Course, 1740 Ton
Asphalt Concrete Composite, 867 Ton
Traffic Control, 1214 Unit
8” PCC Fillet Section, 74.2 SqYd
Concrete Curb & Gutter Type SF66, 879 Ft
Concrete Valley Gutter 8” Thick, 62.1 SqYd
Sodding, 1111 SqYd
8” C900 DR 18 PVC Watermain, 1053 Ft
1” Water Service, 446 Ft
Reconnect Water Service, 17 Each
8” Sanitary Sewer Pipe, 976 Ft
8”X4” Sewer Wye/Tap, 18 Each
48” Manhole 8’-10’ Deep, 2 Each
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.
Copies of the specifications are on file at the Office of the City Administrator, 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.
Bryan Read
City Administrator
Published twice at the approximate cost of $63.42.
C-6/30,7/7 NTB Ad#1277992
Brandon
ORDINANCE #471
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 15-12-9 BY ADDING FENCING REGULATION; AMENDING 15-3-10 BY DECEASING SIDE YARD REQUIREMENTS IN AN HI ZONING DISTRICT; AND AMENDING 15-12-12, B BY ADDING THE R-2 ZONE DISTRICT TO LANDSCAPING STANDARDS.
THEREFORE BE IT ORDAINED that 15-12-29 be amended by deleting (struck through) and adding (underlined) the following:
15-12-9 FENCES
Fences may be erected in required yards, provided they meet or exceed the following requirements:
D. On double frontage and corner lots used residentially, fences, not more than six (6) feet in height may be placed in a required front yard abutting an arterial or collector street where;
1. The required front yard abutting an arterial or collector street is not used as the front yard;
2. The fence is set back a minimum of ten (10) feet from the property line
abutting the arterial or collector street;
3. Intersection safety zones are maintained.
J. The side of the fence considered being the face (facing as applied to fence post) shall face abutting property, unless otherwise approved by the Authorized Official, or his or her authorized designee, of the City of Brandon.
O. Unless a variance and building permit are obtained, construction of animal runs or kennel slabs shall not occur (a) in required front yards for a distance of seven feet from the side property line; or (b) in required side yards, or (c) in required back yards.
P. Every outdoor swimming pool or family pool holding more than a depth of twenty four inches of water shall be completely surrounded by a fence or wall not less than sixty inches in height, which shall be constructed as not to have openings, holes or gaps larger than four (4) inches except for doors and gates. The fence or wall shall be constructed of durable material and erected in a permanent manner. Temporary fencing or non-durable material such as chicken wire, snow fencing or the like shall not be used except during construction. The gates must be equipped with auto closers and latches.
A dwelling or accessory building may be used as part of such enclosure subject to provisions of Brandon Municipal Code 15-4-3. Prior to construction of the fence or wall the owner shall file with the city a detailed plan of the proposed fence with specific reference to the type of materials to be used in the construction of the wall or fence, height thereof and identify the individual who will be responsible for the construction of such fence or wall.
Existing fences as of August 1, 2000 that are at least forty two inches high not in compliance will be allowed to remain until the property has changed ownership or until the existing fence is replaced. At that such time compliance to the sixty inch high fence will be required.
For existing fences enclosing a swimming pool holding more than twenty-four inches of water that are not in compliance, such fences will be allowed to remain until the property has changed ownership or until the existing fence is replaced. At such time, compliance to the sixty inch high fence will be required.
Legislative History:
Ordinance #445, 5/27/09.
Ordinance #291, 8/1/00.
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
SDCL § Ch. 11, 5, & 6.
BE IT FURTHER ORDAINED that 15-10-3 (HI - Heavy Industrial Zone) be amended by deleting (struck through) and adding (underlined) the following:
15-10-3 LOT AND YARD REGULATIONS
All measurements shall be taken from the lot line to the building line (see definitions).
All Uses--Lot Area, NA; Lot Width, NA; Front Yard, 40 feet, see #2, #3; Side Yard, 25 10 feet, see #2; Rear Yard, 25 feet; Maximum Height, 55 feet, see #1
Legislative History:
Ordinance #445, 5/27/09
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
BE IT FURTHER ORDAINED that 15-12-12, B be amended by adding (underlined) the following:
15-12-12 LANDSCAPING STANDARDS
It is the desire of the City of Brandon to encourage development which is environmentally sensitive and aesthetically pleasing. To assist in these objectives, a minimum standard for landscaping is prescribed.
B. Within R-2, GB, CB, LI, and HI districts, one tree per 50 feet of lot width is required. No more than 20 percent of the trees may be planted in the street right-of-way. No more than 25 percent of the required trees may be deciduous ornamental, evergreen, or coniferous trees.
Legislative History:
Ordinance #445, 5/27/09.
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
Dated this 21st day of June, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 7, 2010
Second Reading: June 21, 2010
Published: June 30, 2010
Effective Date: July 20, 2010
Published once at an approximate cost of $65.94.
C-6/30 Ord 471 Ad#1277998
Minnehaha
AMENDED NOTICE OF
SECOND READING AND PUBLIC HEARING TO CONSIDER AN
ORDINANCE FOR STATE AND FEDERAL CRIMINAL
BACKGROUND
INVESTIGATIONS FOR
APPLICANTS FOR COUNTY
EMPLOYMENT
Notice is hereby given that on Tuesday, July 13, 2010, at 9:15 a.m., the Minnehaha County Board of Commissioners will conduct a second reading and a public hearing to consider proposed Ordinance MC 37-10, an Ordinance for State and Federal Criminal Background Investigations for Applicants for County Employment. Said hearing will be held as part of the regularly scheduled commission meeting in the County Commission Meeting Room of the Minnehaha County Administration Building, 415 N. Dakota Avenue, Sioux Falls, South Dakota.
The full text of the proposed ordinance is also available at the Minnehaha County Auditor's Office or on the Minnehaha County web site at minnehahacounty.org.
All interested persons may appear and be heard.
Dated: June 22, 2010
Sue Roust, Auditor
Published once at the total approximate cost of $12.13.
1277953-02 June 30, 2010
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., June 22, 2010, pursuant to adjournment on June 15, 2010. Commissioners present were: Hajek, Twedt, Barth, and Kelly. Commissioner Pekas was absent. Also present were Sue Roust, County Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Hajek called the meeting to order.
MOTION by Barth, seconded by Kelly to approve the agenda. 4 ayes.
MOTION by Twedt, seconded by Barth to approve the Minutes of June 15, 2010. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Kelly to approve the following bills totaling $308,486.09, and June salaries. 4 ayes.
A & B Business Equip, Var. Depts, 1,436.80; A To Z World Languag, Public Def, 90.00; Advance Auto Parts, Sheriff, 39.98; All Souls Unitarian, Human Svcs, 600.00; Allied Oil & Supply, Hwy Constr, 17.75; Anderson, Elwood, Human Svcs, 400.00; Applied Concepts Inc, Sheriff, 4,738.00; Argus Leader, St Atty, 241.79; Associated Consult/E, Bldg Fund, 3,606.60; Avera McKennan Hospi, Var. Depts, 14,799.25; A1 Svc Inc/Laceys Ch, Hwy Constr, 95.00; B&F Fastener Supply, Hwy Constr, 12.75; Barth, Jeff, Commission, 14.80; Bartunek, Russell F, Human Svcs, 375.00; Benz, Vergil C, Human Svcs, 600.00; Berg, Scott, Hwy Constr, 169.00; Best Business Produc, Reg Deeds, 47.62; Bob Barker Company, Jail, 2,975.59; Brown & Saenger, Var. Depts, 1,195.18; Bugg, William, Human Svcs, 500.00; Builders Supply Comp, Hwy Constr, 243.66; Bureau Of Informatio, Var. Depts, 516.11; Buttenhoff, Gene A, Human Svcs, 400.00; Campbell Supply Co I, Hwy Constr, 58.24; Carlson, Jim A, Human Svcs, 500.00; Carlson, Lisa, Courts, 1,763.20; CBM Food Service, Jail, 22,768.15; Century Business Lea, Public Adv, 55.98; Chang, Hyun, Human Svcs, 950.00; Chase, Gary, Elections, 9.99; Chemco, Inc., Jail, 1,820.16; Childrens Home Socie, St Atty, 2,500.00; Choi, Kon, Human Svcs, 500.00; Civic Research Insti, Jail, 179.95; Cleveland Heights Ap, Human Svcs, 600.00; Cliff Avenue Auto Pa, Hwy Constr, 16.11; Codington County She, St Atty, 35.00; Cole Papers, Inc., Jail, 1,581.80; Commercial Audio & V, Courts, 1,875.30; Concrete Materials, Hwy Constr, 480.97; Constellation New En, Facilities, 9,001.05; Cooey, Carla F, Courts, 1,012.20; Cruce, Nic, Human Svcs, 400.00; Dakota Fluid Power, Hwy Constr, 69.31; Dakota Riggers & Too, Hwy Constr, 83.35; Diamond Vogel Paint, Hwy Constr, 32.56; Dietrich, Donna K, Mental Ill, 685.45; Dish Network, Hwy Admin, 515.76; Dust Tex Service, In, Mus Maint, 9.85; Ebert's Properties, Efsp Fund, 370.00; Eirinberg, James A, Courts, 828.00; Ekeren, Marvin R., Mental Ill, 75.00; Exide Technologies, Hwy Constr, 233.13; Faragher, Scott, Public Def, 21.00; Freedon Builders, Human Svcs, 500.00; Fremont Industries, Facilities, 5,356.75; G & H Investments Ll, Human Svcs, 600.00; G & R Controls Inc, Facilities, 198.98; Gaylord Bros Inc, Mus Ops, 201.27; Gearman, Jason, Mental Ill, 123.58; George Boom Funeral, Human Svcs, 2,815.00; Glawe, Ronald, Human Svcs, 400.00; Gloe, Terry L, Human Svcs, 368.42; Goebel Printing, Inc, Sheriff, 29.80; Grainger, Inc., Facilities, 525.21; Great Plains Int'l T, Hwy Constr, 14.39; Great Plains Psychol, Courts, 2,330.00; Guarantee Roofing Of, Em Mgmt, 4.87; Gunner, Andrea, Courts, 513.65; Guzman, Sandra V., Var. Depts, 250.00; Harmelink,Fox & Ravn, Mental Ill, 131.00; Harms Oil Company, Hwy Constr, 15,788.01; Hauk, Joe, Human Svcs, 400.00; Heartland Paper Comp, Var. Depts, 1,951.93; Heirigs, Mary Ellen, Mental Ill, 89.60; HG Maybeck Co Inc, Jail, 1,152.00; High Point Networks, Info Tech, 32.67; Huffer, Douglas A, Hwy Admin, 50.15; Hurtgen, Timothy T., Human Svcs, 1,200.00; Hy-Vee Accounts Rece, Var. Depts, 203.79; Interstate Office Pr, Var. Depts, 1,342.62; Jcl Solutions-Janito, Jail, 547.52; John Morrell & Co, Public Def, 35.00; Jones, Floyd M, Human Svcs, 295.00; Kleen Solutions, Inc, Jail, 389.70; Knudson, Dave, Mus Enterp, 150.00; Kooistra, Nelva, Mental Ill, 75.00; Language Line Servic, Info Tech, 100.00; Larson, Nickolee A, Human Svcs, 1,500.00; Lason Systems Inc, Reg Deeds, 215.25; Lawson Products, Inc, Hwy Constr, 307.84; Leaf Inc., Var. Depts, 189.77; Lindahl,Melissa, JDC, 17.49; Linweld, Inc., Var. Depts, 79.17; Locators & Supplies, Hwy Constr, 48.20; Lutheran Social Svce, Var. Depts, 350.60; Matchan, Hope, Courts, 451.00; Mattson Law Office P, Courts, 348.50; Maxwell Food Equipme, Var. Depts, 66.05; Microfilm Imaging Sy, Reg Deeds, 75.00; Midamerican Energy C, Var. Depts, 1,155.31; Midcontinent Media I, Human Svcs, 163.67; Midwest Concrete, Hwy Constr, 15,040.92; Mineral Miner, Mus Store, 316.50; Moe, Michael, Facilities, 82.00; Murray Properties, L, Human Svcs, 400.00; Myrl & Roy's Paving, Hwy Constr, 34,530.03; Nguyen, Lam, Public Adv, 25.00; Norm Feldman's Glass, Hwy Constr, 172.92; Northern Safety Tech, Hwy Constr, 222.60; Northern States Supp, Hwy Constr, 83.94; Painter, Steven L, Human Svcs, 303.00; Panasonic Finance So, Extension, 203.12; PCCS Inc, Jail, 3,250.00; Pennington County Ja, Jail, 4,789.65; Petco Animal Supplie, Sheriff, 89.98; Peters Distributing, Jail, 582.50; Pfeifer Implement Co, Hwy Constr, 835.49; Pharmchem Inc, 24/7 Prog, 240.00; Pheasantland Industr, Jail, 2,758.26; Phil Chalmers Enterp, Em Mgmt, 4,500.00; Physicians Laborator, Human Svcs, 37.76; Presto-X-Company, Facilities, 172.20; Provo, Tom, Human Svcs, 245.00; Quality Efficiencies, Var. Depts, 615.00; Quest Engineering, I, Hwy Constr, 105.44; R & L Supply, Ltd, JDC, 98.02; RDO Equipment Co., Hwy Constr, 131.00; Redwood Biotech, 24/7 Prog, 930.00; Refinish Supply Cent, Hwy Constr, 107.81; Reinke, Kalen, Mus Enterp, 150.00; Rensberger, Ron, Human Svcs, 400.00; Richard-Ewing Equipm, JDC, 72.94; Richland Prop Mgmt L, Human Svcs, 800.00; Rocky Mount Instrume, Public Def, 17.09; Roelofs, Leigh, Human Svcs, 395.00; Rural Metro Ambulanc, Coroner, 800.00; Sage Software/Best S, Auditor, 1,275.00; Sanford Health Plan-, Human Svcs, 153.18; Sanford Hospital, Var. Depts, 306.45; Schoeneman Bros. Co., Hwy Constr, 28.72; Schulte, Kenneth F, Human Svcs, 300.00; Schuneman Equip Co, Hwy Constr, 135.00; SD Continuing Legal, Jail, 125.00; Sd Dept Of Public Sa, Human Svcs, 70.00; SD Public Assurance, Var. Depts, 67,755.55; Servall Towel & Line, Var. Depts, 169.04; Sherwin Williams, Facilities, 123.01; Shopko Store #076, JDC, 217.50; Simon, Anthony, Commission, 55.00; Sioux Empire FCU/108, Sheriff, 1,143.97; Sioux Empire FCU/664, Sheriff, 908.09; Sioux Empire FCU/935, Jail, 582.48; Sioux Empire FCU/936, Var. Depts, 2,342.84; Sioux Falls City Fin, Planning, 14.06; Sioux Falls City Fin, Em Mgmt, 465.36; Sioux Falls School D, Elections, 774.54; Sioux Falls Utilitie, Var. Depts, 3,828.68; Sioux Valley Energy, Human Svcs, 165.63; Skorczewski, Jena, Courts, 144.40; Streicher's, Sheriff, 717.87; Sturdevant's Auto Pa, Hwy Constr, 57.81; Sturm, Steve A, ARRA-HPRP, 1,350.00; Tally Ho Apartments, Human Svcs, 300.00; Thorin, Deyanira T, Var. Depts, 341.67; Tires,Tires,Tires In, Var. Depts, 427.55; Trane Comp, Facilities, 117.21; TSP, Inc., Bldg Fund, 7,067.07; Turner County Sherif, St Atty, 10.00; Tuschen, Michael E, Hwy Constr, 109.99; Valley West Apartmen, Human Svcs, 300.00; VB Falls Park Apts, Human Svcs, 200.00; Velgersdyk, Dr. Scot, Human Svcs, 602.00; Velvet Uniforms, Inc, Var. Depts, 108.50; Wal-Mart Pharmacy #1, Human Svcs, 173.62; Waste Management Of, Jail, 575.93; Weerheim, Tom, Courts, 1,517.00; West Group, Var. Depts, 3,316.11; West Pointe Townhous, Human Svcs, 400.00; Winner Police Depart, Jail, 68.00; Xcel Energy, Inc., Var. Depts, 9,881.60; Zabel Steel Co., Hwy Constr, 120.82; Zahrbock Kool, Tress, Courts, 856.52; Commission, Salaries, 23,821.61; Auditor, Salaries, 39,954.51; Treasurer, Salaries, 59,048.98; Info Tech, Salaries, 56,743.52; States Atty, Salaries, 163,791.34; Public Defender, Salaries, 124,764.39; Public Adv, Salaries, 28,573.91; Facilities, Salaries, 69,919.98; Equalization, Salaries, 71,467.35; Register Of Deeds, Salaries, 37,321.74; Human Resources, Salaries, 15,052.98; Sheriff, Salaries, 779,131.34; JDC, Salaries, 171,156.65; Highway, Salaries, 153,255.64; Human Services, Salaries, 108,218.33; Museum, Salaries, 62,957.83; Planning, Salaries, 50,920.52; Extension, Salaries, 10,199.17
PERSONNEL
MOTION by Twedt, seconded by Barth to approve the following personnel changes. 4 ayes.
1. To accept the resignation of William Paradeis as Juvenile Correctional Worker for the Juvenile Detention Center effective 6-13-10.
2. To place Carmen Jurgensen, Corrections System Operator for the Jail, on leave without pay effective 6-22-10 to 7-19-10.
3. To hire Lee Stephens as part-time Correctional Officer in Training (12/1) for the Jail at $15.940/hour effective 6-28-10.
4. To hire Wade Barnes, Jason Feiock, and Stanley Mozak as Corrections System Operators (9/1) for the Jail at $13.745/hour effective 6-28-10:
Step Increases Due:
1. Seamus Walsh - Deputy Sheriff - Jail - 16/6 to 16/7 - 5-12-10 - $22.523/hour
2. Daniel Kaiser - Correctional Officer - 24/7 Program - 13/7 to 13/8 - 2-1-10 - $19.907/hour
3. Robbin Ketcham - Senior Records Technician - Register of Deeds - 12/4 to 12/5 - 6-22-10 - $17.595/hour
4. Daniel Finnegan - Highway Maintenance Worker - Highway - 12/1 to 12/2 - 6-3-10 - $16.339/hour
5. Julie Person - Tax & License Technician - Treasurer's Office - 10/1 to 10/2 - 6-15-10 - $14.802/hour
6. Rebecca Allen - Juvenile Correctional Worker - Juvenile Detention Center - 9/1 to 9/2 - 6-23-10 - $14.089/hour
MOTION by Twedt, seconded by Kelly to change the title Assistant Sheriff to Chief Deputy Sheriff, effective June 22nd, to more accurately reflect the role of the position within the organization. 4 ayes.
REPORTS
Jenny Adix, Human Resources Generalist and member of the Minnehaha County Diversity Committee, introduced fellow committee members Wes Garcia and Kim Cournoyer-Baum. Mr. Garcia presented the Diversity Committee Annual Report, highlighting activities of the past year.
NOTICES
Notice of intent to conduct a 50/50 drawing at the 4th of July Fireworks Celebration at the Fairgrounds was received from the Sioux Falls Jaycees. Proceeds from the raffle will be donated to Honor Flight South Dakota.
MOTION by Barth, seconded by Twedt, to authorize the Auditor to publish a Revised Notice of Hearing on July 13, 2010 to consider an ordinance providing for criminal background checks on county job applicants. The hearing was scheduled for July 6th, but there will be no commission meeting on that day. 4 ayes.
LIEN
Pursuant to deferral on June 15, 2010, the Commission considered a request to compromise DPNO 42989, in the amount of $3,572.24. The applicant will be receiving an insurance settlement, and is requesting that the county release the lien only as it pertains to the insurance proceeds. The applicant was present and reported that her family has run out of money to stay in a motel, and family members are now living in three different locations. Gordy Swanson, Chief Civil State's Attorney, explained that the applicant's attorney has asked for the release so the insurance proceeds can be distributed. Mr. Swanson stated that the attorney might file a claim of exemption if the release is denied. Commissioners expressed concern that the attorney and medical bills will be paid, but the county taxpayers are being asked to give up their claim on the proceeds. MOTION by Twedt, seconded by Barth to approve Resolution 10-27. 3 ayes, Hajek nay.
RESOLUTION MC10-27
WHEREAS, County Aid Lien in the amount of $3,572.24 purports to exist in favor of Minnehaha County and against DPNO 42989 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Release the lien in full upon payment of $2,000.
Dated at Sioux Falls, South Dakota, this 22nd day of June, 2010.
APPROVED BY THE
COMMISSION:
Anne Hajek, Chairman
ATTEST:
Sue Roust, County Auditor
REPORT
Jeff Schaefer, Department of Legislative Audit, presented the Management Letter for the 2009 Minnehaha County audit. He reported that there were no written comments or adjustments made to the financial reports, but noted minor issues with the Sheriff's execution and civil accounts, petty offense receipts, and parks expenditures. In response to a question from Auditor Sue Roust, Mr. Schaefer stated that the County's OPEB liability for retiree health insurance is not a material amount and will not be for the foreseeable future. Current accounting standards require an actuarial analysis of OPEB liability biennially for governments of our size. However, Mr. Schaefer said that as long as our health plan and participation do not have major changes, there will be no written comments in future audits if we continue to estimate the OPEB liability based on the initial actuarial analysis, rather than pay for a new analysis every two years.
PROPOSALS
Consideration of proposals for Jail and JDC Food Service was deferred from June 15th to today to allow the review committee (Commissioner Twedt, Mike Milstead, Tim Devlin, Sue Roust, Todd Cheever, and Ken McFarland) to complete their work. Ken McFarland, Commission Administrative Officer, reported that the committee has finalized their analysis of the Jail proposals, using a point system based on price, plan of operation, experience, and financial capability. The points awarded for each proposal were: CBM proposal #1 95, CBM proposal #2 97, A'viands 95, and Aramark 93. CBM proposal #2 received the highest score, and the committee recommends acceptance of that proposal. Martin Fox with A'viands stated that their proposal had a lower cost and that they have experience in dealing with disaster situations. Jake Sweeney of Aramark and Marlin Sejnoha of CBM thanked the Commission for the opportunity to submit proposals. Commissioner Barth asked why the CBM proposal was so much lower than they are currently charging the county. Mr. Sejnoha stated that the previous contracts have had an annual CPI adjustment, and that based on an analysis of current operations they were able to lower their price. Warden Tim Devlin thanked the review committee for their work, and Commissioner Twedt observed that the proposals were all very close. MOTION by Twedt, seconded by Kelly, to accept proposal #2 from CBM Managed Services ($.86 per meal, $.55 for supplements, $.08 commissary discount) for Jail Food Service. 4 ayes.
Mr. McFarland reported that the same review committee also considered the proposals for JDC Food Service. The same point system was used, with points awarded as follows: CBM 99, A'viands 88, and Aramark 92. CBM received the highest score, and the committee recommends acceptance of their proposal. MOTION by Twedt, seconded by Kelly, to accept the proposal from CBM Managed Services ($1.59 per meal, $.70 for snacks) for JDC Food Service. 4 ayes.
E911 FEES
Ken McFarland, Commission Administrative Officer, reported that the Commission has received a request from the Bennett County Commission to write a letter of support for their resolution calling for a temporary increase in the monthly E911 fee from 75¢ to $2.00. MOTION by Barth to authorize sending the letter of support. Motion dies for lack of a second. Commissioners expressed concern about the size of the proposed increase. Commissioner Twedt stated that Bennett County should follow the standard process and bring this resolution to the SD Assn of County Commissioners annual convention for a thorough discussion.
BID
Lloyd Olson, Facilities Director, reported that bids for the Energy Plant Boiler Addition were opened at 2:30 pm on June 16th. The following bids were received (Bidder/ Base bid/Alt 1 linkage-less boiler burner/Alt 2 skimmer system): PrairieSons, Inc/$100,601/ $6,632/ $4,369. Howe Heating & Plumbing, Inc/$101,630/ $5,975/$2,740, Midwestern Mechanical, Inc/$114,580/ $7,330/$4,430. Mr. Olson recommended accepting the low bid (including alternates) from Howe Heating & Plumbing. MOTION by Barth, seconded by Kelly, to award the bid for the Energy Plant Boiler Addition to Howe Heating & Plumbing, Inc (price $110,345 including alternates 1 and 2). 4 ayes. This project will be paid using Energy Efficiency Block Grant funds.
HEARING
Pat Herman, Planner III, was present for the Public Hearing on an ordinance amending the 1990 Revised Zoning Ordinance for Minnehaha County by amending Section 12.02 Wind Energy Conversion Systems and adding supportive description in the definition section of the ordinance. The changes would allow wind towers on the roof of or next to homes, adjust setback and security requirements, make the noise regulations applicable to any occupied structure, allow greater monitoring of wind farm construction, and require shadow flicker analysis. The Planning Commission recommends approval of the changes. There were no comments from the public. MOTION by Kelly, seconded by Barth, to approve Ordinance MC16-110-10. 4 ayes. The entire ordinance is on file and available for inspection at the County Auditor's office.
OLD BUSINESS
Commissioners asked for a report from County Treasurer Pam Nelson and County Auditor Sue Roust on the impact of RV'ers on motor vehicle revenues and elections in Minnehaha County.
Chairman Hajek noted that the public hearing on the ambulance ordinance will be held at 7 pm tonight.
Scott Anderson, Planning Director, announce that the Drainage Task Force will meet Wednesday, June 23, at 7 pm at the Dell Rapids Middle School.
MOTION by Barth, seconded by Kelly to adjourn into Executive Session for preparation for contract negotiations. 4 ayes. Following the Executive Session, the Commission recessed until the ambulance ordinance hearing at 7:00 pm.
The Commission reconvened at 7:00 pm for the Second Reading and Public Hearing to consider an ordinance amending Minnehaha County Ordinance MC31-02-09 Surface Ambulance License Ordinance. Commissioners present were: Hajek, Twedt, Barth, and Kelly. Commissioner Pekas was absent. Also present were Sue Roust, County Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Hajek called the meeting to order.
AMBULANCE ORDINANCE
Ken McFarland, Commission Administrative Officer, reviewed changes which had been discussed at the first reading and included in the hearing notice. These included four boundary changes to the ambulance primary service areas (PSAs) suggested by ambulance services (map amendments 1 through 4) and a text amendment to Section 1-10, Geographical Boundaries, which would no longer allow multiple licenses in one area, but would set up a process for changing license areas at the time of license renewal. He also explained two additional amendments which have been proposed since the first reading, which would (1) add back a paragraph about private contracts inadvertently dropped from Section 1-1 at the time of the last ordinance revision and (2) change the license term in Section 1-2 from four to two years. Commissioners were provided with data on ambulance dispatch totals for 2007-10 compiled by Metro Communications Agency, and letters from Rural/Metro Ambulance, Med-Star, and Jasper Community Ambulance. Mr. McFarland noted that no comments were received from the Humboldt or Dell Rapids ambulance services.
Mike Stuhr, Division General Manager for Rural/Metro, stated that they would prefer no change in the PSAs, but if change is necessary they would support amendment 3. He noted that Rural/Metro has 40 years of service with no county subsidy, and suggested that a new provider might need a subsidy in a few years. Mr. Stuhr stated that the County must ensure that any new provider meets the same quality standards as current providers, and that if response time is an issue, all PSA boundaries in the county should be reviewed.
Tim Rave, Rural/Metro, noted that 100% of their calls are reviewed by the Regional Emergency Medical Services Authority (REMSA). He stated that amendment 3 has Valley Springs city and township in PSA 5 because Rural/Metro is currently discussing service contracts with those entities. He would have no objection to a 2-year contract period.
Gordy Swanson stated that he believes townships have no authority under SD law to contract for ambulance services, while cities do have such authority.
Don Johnson, Valley Springs Fire Chief, stated that he expects call volume in the southeast part of his territory to increase with the new Iowa casino, and he believes Rural/ Metro has the closest station to cover the area along the Iowa border.
Monte Albertson, Split Rock Fire Chief, stated that he would like to have no license boundaries, so the appropriate service could be dispatched as needed. He believes this would allow faster response time. Sometimes when accidents occur on the border of a PSA, the closest service cannot respond. He questioned whether it is appropriate for ambulance providers to be testifying on boundary issues. Chief Albertson suggested having soft boundaries, with multiple providers allowed to serve within 1/2 mile of PSA boundaries.
Tracy Foltz, Med-Star Director of Operations, encouraged the Commission to focus on the best service for citizens and the best response time. He stated that Med-Star sent mutual aid agreements to Garretson and Rural/Metro and no response has been received. He would have no objection to a 2-year contract period.
Jim Veldkamp, Jasper Community Ambulance, objected to amendments 1 and 2 which would move a portion of the area currently covered by Jasper to Garretson. He believes Jasper has the fastest response time there.
Mike Ebbing, Garretson Fire, stated that the area they are picking up from Jasper is closer to Garretson. According to a survey done by Garretson Fire, over 50% of citizens reached in this area would prefer Garretson. They do have a mutual aid agreement with Jasper. He would have no objection to a 2-year contract period.
Faron Wahl, Rural/Metro, clarified that while R/M requested funds for radio maintenance for 2011, they have never asked for operational funds. He stated that since Rural/Metro covers the city of Sioux Falls, they are waiting for input from REMSA before responding to Med-Star's request for a mutual aid agreement. He also stated that soft boundaries lead to a loss of accountability in areas covered by two ambulance services.
Deb Berreth, Operations Manager for Metro Communications Agency, said that a lack of hard boundaries delays emergency dispatch. With hard boundaries programmed into the dispatch system, the dispatcher knows immediately which service to call.
The public hearing was closed.
MOTION by Kelly, seconded by Barth, to amend the first sentence of Section 1-2. License Term to read "Ground ambulance licenses are issued for a four (4) two (2) year period." 4 ayes.
MOTION by Barth, seconded by Kelly, to add subsection 10 to Section 1-6. Requirements for Licensure which would read "All ambulance services must have mutual aid agreements with bordering services." Gordy Swanson raised several legal concerns about this proposal. Motion withdrawn.
MOTION by Twedt, seconded by Barth, to amend Section 1-1. License Required to add back the following paragraph which was inadvertently dropped when the ordinance was last revised: "This ordinance shall not apply to private contracts for ambulance services which are in existence on the date of adoption. However, any ambulance service operating pursuant to this exemption may not expand or increase its ambulance service beyond that allowed in the existing contract without proper licensure by the county." 4 ayes.
MOTION by Kelly, seconded by Twedt, to approve map amendment 4. Lynn DeYoung suggested that the border between PSAs 5 and 6 be the Sioux Falls-Brandon joint jurisdictional boundary. SUBSTITUTE MOTION by Barth, seconded by Kelly to approve map amendment 3 with adjustments to the west boundary. After discussion, the substitute motion and main motion were withdrawn.
MOTION by Barth, seconded by Kelly to approve map amendment 5. This proposal followed the north, east, and south boundaries shown for PSA 6 on amendment 4, but revised the west boundary to follow the west boundary shown for PSA 6 on amendment 3 from 256th St to Madison St, and then to follow the Big Sioux River from Madison St to 268th St. 4 ayes.
MOTION by Barth, seconded by Twedt, to make no changes to the boundaries of PSAs 2 and 4. 4 ayes.
MOTION by Twedt, seconded by Kelly to amend the second paragraph of Section1-10. Geographical Boundaries to read "The County will consider additional applications for ground ambulance licenses for new geographical areas already served by an existing license holder prior to September 1 in the year of upon the expiration of the existing license holder's license term. However, under such circumstances, the applicant will be required to show by demonstrable evidence, that a need exists for more than one ambulance service in the area and that the issuance of more than one ground ambulance license for that area will not unduly impact the ability of the current license holder to perform ambulance services mandated by this Ordinance. Any decision of the County Commission regarding the approval or denial of an application for ground ambulance services may be appealed to the circuit court in accordance with the statutes of the State of South Dakota, by any interested party." 4 ayes.
The entire Ordinance MC31-3-10 is on file and available for inspection at the County Auditor's office.
MOTION by Kelly, seconded by Barth, to adjourn until 9:00 a.m. on Tuesday, June 29, 2010.
APPROVED BY THE
COMMISSION:
Chairman
ATTEST:
County Auditor
Published once at the total approximate cost of $237.08.
1277947-02 June 30, 2010
MINUTES
PLANNING & ZONING COMMISSION
The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on June 17, 2010 at the Brandon City Council Chambers.
Roll call was taken. Members present were Chairman Chuck Parsons, Commissioners Tim Jorgenson, Linda Weber and Paul Bosch. Also present were Alderman Roger Brooks, Building Inspector Dave Swier, City Administrator Bryan Read and Mayor Larry Beesley. Absent were Commissioners Bob Serk and Todd Stone.
Chairman Parsons moved Commissioner Bosch seconded to approve the agenda with the removal of item 5 - discussion on parking requirements in all zones and landscaping standards in GB zones, will be deferred till next meeting. Motion carried.
Commissioner Weber moved Commissioner Jorgenson seconded to approve the minutes of the June 3, 2010 regular meeting. Motion carried.
At 6:35 pm, having no further business, Chairman Parsons moved Commissioner Bosch seconded to adjourn the Planning & Zoning Commission meeting. Motion carried.
At 6:35 pm, Chairman Parsons called the Board of Adjustment meeting to order.
Roll call was taken. Members present were Chairman Chuck Parsons, Commissioners Tim Jorgenson, Linda Weber and Paul Bosch. Also present were Alderman Roger Brooks, Building Inspector Dave Swier, City Administrator Bryan Read and Mayor Larry Beesley. Absent were Commissioners Bob Serk and Todd Stone.
Commissioner Jorgenson moved Commissioner Weber seconded to approve the agenda. Motion carried. A Variance Application was presented for 812 Lakota Avenue. Owner Jared Zach was present. Wants to construct an attached garage, 20' wide by 30' feet deep, that would encroach the required setback by 11'. Has no garage now, has to store everything outside. Has room to build a detached garage with access off of Marialane Drive. Based on city ordinance #15-13-1 - A front yard may be adjusted to an average of the adjacent structures’ front yards where existing adjacent structures have a front yard less than required; giving him 16' 6" of buildable space without the need of a variance. Chairman Parsons moved Commissioner Jorgenson seconded to deny the variance application. Motion carried.
At 6:49 p.m., having no further business, Chairman Parsons moved Commissioner Bosch second to adjourn the Board of Adjustment meeting. Motion carried.
Respectfully Submitted,
David A. Swier
Building Inspector
Published once at an approximate cost of $34.99.
C-6/30 P&Z Min Ad#1277168
Name Change
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHEHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 10-2477
NOTICE OF HEARING
IN THE MATTER OF THE CHANGE OF
NAME OF JOHN CHRISTOPHER LEE BOETTCHER,
TO ALL INTERESTED PERSONS:
NOTICE is hereby given that Janet McKenzie, the natural mother and guardian of John Christopher Lee Boettcher of Minnehaha County, South Dakota has filed her Petition for Change of Name with the Clerk of the above-entitled Court, praying for an Order changing the name of John Christopher Lee Boettcher to John Christopher Lee McKenzie and that the 26th day of July, 2010 at the hour of 1:30 o’clock P.M. of said day, or as soon thereafter as the matter can be heard, in the Circuit Courtroom, Second Judicial Circuit, Minnehaha County, South Dakota, has been and is set as the time and place when and where said petition will be heard and notice is given that any person interested in said name change may appear and show cause whey the Petition should not be granted.
Dated June 22nd, 2010.
ABOTT & ABBOTT, By:
/s/ Caryl H. Abbott
Caryl H. Abbott
Attorney for Petitioner Janet McKenzie
1401 E. Rushmore – PO Box 650
Brandon, SD 57005-0650
Phone: (605) 582-6075
C-6/30-7/21 Name Ad#1277763
Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on June 17, 2010 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Bob Bruning, Barb Fish, Blaine Jones, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Building Inspector, Dave Swier; Director of Human Resources, Dan Oakland and Interim Public Works Director, Rollie Hoeke. Absent Mindy Hansen and Dan Mostek.
The Council discussed the items on the agenda for the upcoming June 21, 2010 regular Council meeting. No formal action was taken.
At 6:25 p.m., having no further business, Mayor Beesley declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
Published once at an approximate cost of $19.37.
C-6/30 Brief Ad#1277990
Brandon
MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on June 21, 2010 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Barb Fish, Mindy Hansen, Blaine Jones, Dan Mostek, and Mayor Larry Beesley. Others present were: City Administrator, Bryan H. Read; Finance Officer, Dennis E. Olson; City Attorney Representative, Gregg Greenfield; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Clerk, Bonnie Nelson; Police Chief Dave Kull; and Interim Public Works Director, Rollie Hoeke. Absent: Bob Bruning.
Alderwoman Hansen moved Alderman Jones seconded to approve the agenda. Motion carried.
Alderman Jones moved Alderman Brooks seconded to approve the minutes of the June 3, 2010 briefing meeting and the June 7, 2010 regular meeting. Motion carried.
Alderman Mostek moved Alderman Jones seconded to approve the following claims. Motion carried.
A & B Business, Various Dept Supplies, 259.82; All Star Pro Golf, Pro Shop Resale, 195.63; Alternative HR Development, Professional Services, 2,125.00; Amy Dulaney, Swimming Lessons Refund, 25.00; Argus Leader Media, Publications, 1,269.93; Bioverse Inc, Golf Course Supplies, 880.00; Boyce, Greenfield, Pashby & Welk, May Attorney Charges, 1,043.75; Brandon Materials Comp, Park Supplies, 83.75; Brandon True Value, Various Dept Supplies, 1,787.98; Brandon Valley Area Chamber, Golf Outing, 300.00; Brock White Co LLC, Street Supplies, 2,199.10; Buskerud Construction, Redwood Project App #1, 52,269.89; Cartridge World, Various Dept Supplies, 552.72; Coffee Cup, Fuel, 28.04; Dakota Beverage, GC Resale, 3,384.40; Dakota Contracting, Hemlock Application 7, 307,750.21; Dakota Riggers, Street Supplies, 15.00; Daktronics Inc, Park Supplies, 157.65; DirecTV, Utilities, 33.27; Ditch Witch of SD, Street Supplies, 260.69; DPC Industries Inc, Water Chemicals, 3,102.13; Dust-Tex, Govt Bldg Supplies, 130.42; Ecolab Pest Elimination, Golf Course Supplies, 251.00; Ed Monson, Refund for Overpayment, 270.01; EnviroMaster Inc, Golf Course Supplies, 147.85; Express Way, Police Supplies, 33.86; Farmer Brothers Coffee, Lounge Resale, 66.06; Fjerless Mowing & Trimming, Weed Control Supply, 40.00; G & K Services, Community Room Linens, 1,211.11; Graybar, Various Dept Supplies, 6,372.74; Hauff Mid-America Sports, Pool Supplies, 144.00; Hawkins, Water Supplies, 217.75; Hydraulic World, Street Supplies, 6.72; Jerry’s Excavating Inc, Golf Course Improvements, 3,875.00; Lacey’s Chemical Restrooms, Park Rentals, 465.00; Lawson Products Inc, Street Supplies, 365.59; Marv’s Sanitary Service, Utilities, 457.00; Mathison Company, Inspections Supplies, 22.34; MidAmerican Energy, Utilities, 1,139.78; Midwest Mini-Melts, Pool Resale, 568.75; Midwest Turf & Irrigation, Golf Course Supplies, 1,535.90; Myrl & Roy’s Paving, Street Supplies, 380.64; Office Elements, Pool Supplies, 13.96; One Call Systems, Utilities, 155.94; One Stop Wedding Shoppe Inc, GC Professional Services, 150.00; Palisades Oil Co, Fuel, 1,026.79; Phil Youngdale, Summer Rec Driver, 50.00; Philbuilt Building , Park Improvements, 280.00; Pizza Ranch of Brandon, Summer Rec Supplies, 58.42; Precision Small Engine Co, Golf Course Repairs, 249.60; R & L Supply, Pool Supplies, 6.29; Recreation Supply Company, Pool Supplies, 51.55; Reiter Enterprises, Pro Shop Rentals, 1,654.00; Sam’s Club, Various Dept Supplies, 3,704.30; Sayre Associates Inc, Hemlock Lighting Project, 7,539.63; Science of Solutions LLC, Water/Pool Chemicals, 966.75; SD of Department of Revenue, May Sales Tax, 10,047.61; Sioux Empire Chapter, Pool Services, 645.00; Sioux Falls Networks, Professional Services, 85.00; Sturdevant’s Auto Parts, Various Dept Supplies, 1,008.69; Taylor Made Golf Comp, Pro Shop Resale, 173.79; Titan Machinery, Street Equipment, 65,695.00; Titleist, Pro Shop Resale, 466.59; TSP, Inc, Professional Services, 1,832.82; Valley Springs Farmers Coop, Park Supplies, 360.00; Van Diest Supply, Weed Control Supply, 2,589.40; Vander Haag’s Inc, Electrical Supplies, 950.00; Vogel Motors, Park Repairs, 150.00; Wittek Golf Supply, Golf Course Supplies, 201.04; Xcel Energy, Utilities, 3,406.44; Zimco Supply Co, Golf Course Supplies, 166.52; First National Bank, Golf Cart Loan, 2,826.10; First National Bank, Water Treatment Plant Loan, 43,926.94; City Administration, June 10, 2010 Payroll, 2,235.95; Deputy Finance Officer, June 10, 2010 Payroll, 1,999.74; Police, June 10, 2010 Payroll, 15,895.71; Building Inspections, June 10, 2010 Payroll, 2,587.28; Street Department, June 10, 2010 Payroll, 5,688.94; Summer Recreation, June 10, 2010 Payroll, 1,947.15; Pool, June 10, 2010 Payroll, 8,422.89; Park Department, June 10, 2010 Payroll, 9,568.61; Chamber of Commerce, June 10, 2010 Payroll, 1,104.37; Water Department, June 10, 2010 Payroll, 4,212.67; Sewer Department, June 10, 2010 Payroll, 2,801.37; Golf Course Grounds, June 10, 2010 Payroll, 7,585.78; Golf Course Lounge, June 10, 2010 Payroll, 3,707.53; Golf Course Pro Shop, June 10, 2010 Payroll, 6,288.38; Golf Course Community Room, June 10, 2010 Payroll, 1,987.96; 941 Payroll Taxes, June 10, 2010 Payroll, 22,043.11; MN Child Support Pymt Center, June 10, 2010 Payroll, 431.47; OFC/Child Support Enforcement, June 10, 2010 Payroll, 174.92; SD Retirement System Suppl, June 10, 2010 Payroll, 755.00; TASC Flex Plan, June 10, 2010 Payroll, 1,797.47; Johnson, Rodenburg & Lauinger, June 10, 2010 Payroll, 65.00
Alderman Brooks moved Mostek seconded to approve the consent calendar that contained the following items: A plat of Lot 36, Block 2, Sunrise Estates and a plat of Lot 11, Block 2, Sunrise Estates. Motion carried.
Two sewer account overpayments on the 1600 block of Redwood Boulevard were presented to the Council. Alderman Brooks moved Jones seconded to accept the request and refund the overpayment amount.
The owner of a home in Richland Park approached the Council with questions regarding insurance coverage for a sewer back-up that occurred in May, 2010. He had questions as to why the City’s insurance denied the claim. No formal action was taken.
The City health insurance program renewal was discussed. Alderman Jones moved Brooks seconded to renew the health insurance coverage as presented for the balance of the current year. Options will be reviewed over the next six months to include changing the policy renewal date to coincide with the annual budget date. Motion carried.
Alderman Mostek moved Alderman Brooks seconded to give second reading to Ordinance #471. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 15-12-9 BY ADDING FENCING REGULATION; AMENDING 15-3-10 BY DECEASING SIDE YARD REQUIREMENTS IN AN HI ZONING DISTRICT; AND AMENDING 15-12-12, B BY ADDING THE R-2 ZONE DISTRICT TO LANDSCAPING STANDARDS. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Jones moved Alderwoman Hansen seconded to give a first reading to Ordinance #472. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 2-4-1 DEALING WITH PERSONS UNDER TWENTY-ONE (21) BEING BARRED FROM ON-SALE PREMISES. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
Alderman Jones moved Alderman Brooks seconded to give a first reading to Ordinance #473. TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 7-1-5 DEALING WITH PUBLIC FIREWORKS PERMITS. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
The Golf Course, Police, and Park & Recreation Committee reports were heard. Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #16-10 that supports a LWCF grant application for playground equipment to be located in VanBuskirk Park. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #16-10
WHEREAS, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects:
THEREFORE LET IT BE RESOLVED:
1. That the City Administrator, Bryan H. Read is hereby authorized to execute and file an application on behalf of the City of Brandon with the National Park service, U.S. department of the Interior, through the State of South Dakota, Department of Game Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing Van Buskirk Park Playground Project for the City of Brandon, South Dakota and its Environs.
2. That the City Administrator, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed.
3. That the City of Brandon shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility.
Dated this 21st day of June 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Mostek moved Alderman Brooks seconded to adopt Resolution #18-10 that supports a LWCF grant application for playground equipment in McHardy Park. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #18-10
WHEREAS, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects:
THEREFORE LET IT BE RESOLVED:
1. That the City Administrator, Bryan H. Read is hereby authorized to execute and file an application on behalf of the City of Brandon with the National Park service, U.S. department of the Interior, through the State of South Dakota, Department of Game Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing McHardy Park Playground Renovation Project for the City of Brandon, South Dakota and its Environs.
2. That the City Administrator, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed.
3. That the City of Brandon shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility.
Dated this 21st day of June 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Administration and Street Committee reports were heard. The following bids were received, opened and read, on Tuesday, June 15, 2010 at 10:00 a.m. at the Brandon City Hall, as advertised, for the Hemlock Boulevard Street Light Project. Alderman Jones moved Alderman Mostek seconded to accept the low bid from Wayne Meyer Electric, Inc., of Yankton, SD in the amount of $77,546.44, subject to EDA’s approval, and authorize the necessary signatures to complete a contract. Motion carried.
Action Electric, Sioux Falls, SD, …………………………… $ 78,475.00
Electric Construction Co., Sioux Falls, SD, …….........…….. $113,248.00
Muth Electric Inc., Mitchell, SD, ………………...…………. $102,774.00
Wayne Meyer Electric, Inc., Yankton, SD, ...………….......... $ 77,546.44
Alderman Jones moved Alderman Brooks seconded to adopt Resolution #17-10 that gives authorization to provide information to the SDDOT in connection with an application for a grant from the Federal Transit Administration for our transit bus operation. A roll call vote showed Brooks, Fish, Hansen, Jones and Mostek voting aye. Motion carried.
RESOLUTION #17-10
A RESOLUTION TO AUTHORIZE THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT.
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital and operating assistance projects for non urbanized public transportation systems Section 5311 of the Surface Transportation Assistance Act, and
WHEREAS, the South Dakota Department of Transportation, Division of Finance and Management, Office of Local Transportation Programs has been designated by the Governor to administer Section 5311; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including provision by it of the local share of project costs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brandon:
That Bryan H. Read, Brandon City Administrator, is authorized to execute and file an application on behalf of the City of Brandon with the South Dakota Department of Transportation to aid in the financing of capital and/or operating assistance projects pursuant to Section 5311 of the Surface Transportation Assistance Act.
That Bryan H. Read, Brandon City Administrator, is authorized to furnish such additional information as SDDOT may require in connection with the application or the project.
Dated this 21st day of June 2010. Larry D. Beesley
Mayor
ATTEST: Dennis E. Olson
Municipal Finance Officer
(SEAL)
Alderman Brooks moved Alderman Jones seconded to set at bid opening date of Thursday, July 15, 2010 at 10:00 a.m. at Brandon City Hall to open bids for the Needles Drive Reconstruction Project. Motion carried.
The Water and Sewer Committee report was heard.
At 7:06 p.m. on a motion by Alderman Jones seconded by Alderwoman Hansen the meeting was adjourned.
Larry D. Beesley
Mayor
Bonnie L. Nelson
Municipal Recording Clerk
Published once at an approximate cost of $145.47.
C-6/30 Min 6/21 Ad#1277991
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 City Administrator of said city until 10:00 A.M. on July 15, 2010, and will be publicly opened and read.
The project generally consists of the following work:
Remove Concrete Curb and Gutter, 920 Ft
Remove Asphalt Concrete Pavement, 3754 SqYd
Unclassified Excavation, 975 CuYd
Aggregate Base Course, 1740 Ton
Asphalt Concrete Composite, 867 Ton
Traffic Control, 1214 Unit
8” PCC Fillet Section, 74.2 SqYd
Concrete Curb & Gutter Type SF66, 879 Ft
Concrete Valley Gutter 8” Thick, 62.1 SqYd
Sodding, 1111 SqYd
8” C900 DR 18 PVC Watermain, 1053 Ft
1” Water Service, 446 Ft
Reconnect Water Service, 17 Each
8” Sanitary Sewer Pipe, 976 Ft
8”X4” Sewer Wye/Tap, 18 Each
48” Manhole 8’-10’ Deep, 2 Each
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.
Copies of the specifications are on file at the Office of the City Administrator, 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.
Bryan Read
City Administrator
Published twice at the approximate cost of $63.42.
C-6/30,7/7 NTB Ad#1277992
Brandon
ORDINANCE #471
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA AMENDING CHAPTER 15-12-9 BY ADDING FENCING REGULATION; AMENDING 15-3-10 BY DECEASING SIDE YARD REQUIREMENTS IN AN HI ZONING DISTRICT; AND AMENDING 15-12-12, B BY ADDING THE R-2 ZONE DISTRICT TO LANDSCAPING STANDARDS.
THEREFORE BE IT ORDAINED that 15-12-29 be amended by deleting (struck through) and adding (underlined) the following:
15-12-9 FENCES
Fences may be erected in required yards, provided they meet or exceed the following requirements:
D. On double frontage and corner lots used residentially, fences, not more than six (6) feet in height may be placed in a required front yard abutting an arterial or collector street where;
1. The required front yard abutting an arterial or collector street is not used as the front yard;
2. The fence is set back a minimum of ten (10) feet from the property line
abutting the arterial or collector street;
3. Intersection safety zones are maintained.
J. The side of the fence considered being the face (facing as applied to fence post) shall face abutting property, unless otherwise approved by the Authorized Official, or his or her authorized designee, of the City of Brandon.
O. Unless a variance and building permit are obtained, construction of animal runs or kennel slabs shall not occur (a) in required front yards for a distance of seven feet from the side property line; or (b) in required side yards, or (c) in required back yards.
P. Every outdoor swimming pool or family pool holding more than a depth of twenty four inches of water shall be completely surrounded by a fence or wall not less than sixty inches in height, which shall be constructed as not to have openings, holes or gaps larger than four (4) inches except for doors and gates. The fence or wall shall be constructed of durable material and erected in a permanent manner. Temporary fencing or non-durable material such as chicken wire, snow fencing or the like shall not be used except during construction. The gates must be equipped with auto closers and latches.
A dwelling or accessory building may be used as part of such enclosure subject to provisions of Brandon Municipal Code 15-4-3. Prior to construction of the fence or wall the owner shall file with the city a detailed plan of the proposed fence with specific reference to the type of materials to be used in the construction of the wall or fence, height thereof and identify the individual who will be responsible for the construction of such fence or wall.
Existing fences as of August 1, 2000 that are at least forty two inches high not in compliance will be allowed to remain until the property has changed ownership or until the existing fence is replaced. At that such time compliance to the sixty inch high fence will be required.
For existing fences enclosing a swimming pool holding more than twenty-four inches of water that are not in compliance, such fences will be allowed to remain until the property has changed ownership or until the existing fence is replaced. At such time, compliance to the sixty inch high fence will be required.
Legislative History:
Ordinance #445, 5/27/09.
Ordinance #291, 8/1/00.
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
SDCL § Ch. 11, 5, & 6.
BE IT FURTHER ORDAINED that 15-10-3 (HI - Heavy Industrial Zone) be amended by deleting (struck through) and adding (underlined) the following:
15-10-3 LOT AND YARD REGULATIONS
All measurements shall be taken from the lot line to the building line (see definitions).
All Uses--Lot Area, NA; Lot Width, NA; Front Yard, 40 feet, see #2, #3; Side Yard, 25 10 feet, see #2; Rear Yard, 25 feet; Maximum Height, 55 feet, see #1
Legislative History:
Ordinance #445, 5/27/09
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
BE IT FURTHER ORDAINED that 15-12-12, B be amended by adding (underlined) the following:
15-12-12 LANDSCAPING STANDARDS
It is the desire of the City of Brandon to encourage development which is environmentally sensitive and aesthetically pleasing. To assist in these objectives, a minimum standard for landscaping is prescribed.
B. Within R-2, GB, CB, LI, and HI districts, one tree per 50 feet of lot width is required. No more than 20 percent of the trees may be planted in the street right-of-way. No more than 25 percent of the required trees may be deciduous ornamental, evergreen, or coniferous trees.
Legislative History:
Ordinance #445, 5/27/09.
Ordinance #471, 7/20/10
Authority:
SDCL § Ch. 9
Dated this 21st day of June, 2010.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 7, 2010
Second Reading: June 21, 2010
Published: June 30, 2010
Effective Date: July 20, 2010
Published once at an approximate cost of $65.94.
C-6/30 Ord 471 Ad#1277998
Minnehaha
AMENDED NOTICE OF
SECOND READING AND PUBLIC HEARING TO CONSIDER AN
ORDINANCE FOR STATE AND FEDERAL CRIMINAL
BACKGROUND
INVESTIGATIONS FOR
APPLICANTS FOR COUNTY
EMPLOYMENT
Notice is hereby given that on Tuesday, July 13, 2010, at 9:15 a.m., the Minnehaha County Board of Commissioners will conduct a second reading and a public hearing to consider proposed Ordinance MC 37-10, an Ordinance for State and Federal Criminal Background Investigations for Applicants for County Employment. Said hearing will be held as part of the regularly scheduled commission meeting in the County Commission Meeting Room of the Minnehaha County Administration Building, 415 N. Dakota Avenue, Sioux Falls, South Dakota.
The full text of the proposed ordinance is also available at the Minnehaha County Auditor's Office or on the Minnehaha County web site at minnehahacounty.org.
All interested persons may appear and be heard.
Dated: June 22, 2010
Sue Roust, Auditor
Published once at the total approximate cost of $12.13.
1277953-02 June 30, 2010
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., June 22, 2010, pursuant to adjournment on June 15, 2010. Commissioners present were: Hajek, Twedt, Barth, and Kelly. Commissioner Pekas was absent. Also present were Sue Roust, County Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Hajek called the meeting to order.
MOTION by Barth, seconded by Kelly to approve the agenda. 4 ayes.
MOTION by Twedt, seconded by Barth to approve the Minutes of June 15, 2010. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Kelly to approve the following bills totaling $308,486.09, and June salaries. 4 ayes.
A & B Business Equip, Var. Depts, 1,436.80; A To Z World Languag, Public Def, 90.00; Advance Auto Parts, Sheriff, 39.98; All Souls Unitarian, Human Svcs, 600.00; Allied Oil & Supply, Hwy Constr, 17.75; Anderson, Elwood, Human Svcs, 400.00; Applied Concepts Inc, Sheriff, 4,738.00; Argus Leader, St Atty, 241.79; Associated Consult/E, Bldg Fund, 3,606.60; Avera McKennan Hospi, Var. Depts, 14,799.25; A1 Svc Inc/Laceys Ch, Hwy Constr, 95.00; B&F Fastener Supply, Hwy Constr, 12.75; Barth, Jeff, Commission, 14.80; Bartunek, Russell F, Human Svcs, 375.00; Benz, Vergil C, Human Svcs, 600.00; Berg, Scott, Hwy Constr, 169.00; Best Business Produc, Reg Deeds, 47.62; Bob Barker Company, Jail, 2,975.59; Brown & Saenger, Var. Depts, 1,195.18; Bugg, William, Human Svcs, 500.00; Builders Supply Comp, Hwy Constr, 243.66; Bureau Of Informatio, Var. Depts, 516.11; Buttenhoff, Gene A, Human Svcs, 400.00; Campbell Supply Co I, Hwy Constr, 58.24; Carlson, Jim A, Human Svcs, 500.00; Carlson, Lisa, Courts, 1,763.20; CBM Food Service, Jail, 22,768.15; Century Business Lea, Public Adv, 55.98; Chang, Hyun, Human Svcs, 950.00; Chase, Gary, Elections, 9.99; Chemco, Inc., Jail, 1,820.16; Childrens Home Socie, St Atty, 2,500.00; Choi, Kon, Human Svcs, 500.00; Civic Research Insti, Jail, 179.95; Cleveland Heights Ap, Human Svcs, 600.00; Cliff Avenue Auto Pa, Hwy Constr, 16.11; Codington County She, St Atty, 35.00; Cole Papers, Inc., Jail, 1,581.80; Commercial Audio & V, Courts, 1,875.30; Concrete Materials, Hwy Constr, 480.97; Constellation New En, Facilities, 9,001.05; Cooey, Carla F, Courts, 1,012.20; Cruce, Nic, Human Svcs, 400.00; Dakota Fluid Power, Hwy Constr, 69.31; Dakota Riggers & Too, Hwy Constr, 83.35; Diamond Vogel Paint, Hwy Constr, 32.56; Dietrich, Donna K, Mental Ill, 685.45; Dish Network, Hwy Admin, 515.76; Dust Tex Service, In, Mus Maint, 9.85; Ebert's Properties, Efsp Fund, 370.00; Eirinberg, James A, Courts, 828.00; Ekeren, Marvin R., Mental Ill, 75.00; Exide Technologies, Hwy Constr, 233.13; Faragher, Scott, Public Def, 21.00; Freedon Builders, Human Svcs, 500.00; Fremont Industries, Facilities, 5,356.75; G & H Investments Ll, Human Svcs, 600.00; G & R Controls Inc, Facilities, 198.98; Gaylord Bros Inc, Mus Ops, 201.27; Gearman, Jason, Mental Ill, 123.58; George Boom Funeral, Human Svcs, 2,815.00; Glawe, Ronald, Human Svcs, 400.00; Gloe, Terry L, Human Svcs, 368.42; Goebel Printing, Inc, Sheriff, 29.80; Grainger, Inc., Facilities, 525.21; Great Plains Int'l T, Hwy Constr, 14.39; Great Plains Psychol, Courts, 2,330.00; Guarantee Roofing Of, Em Mgmt, 4.87; Gunner, Andrea, Courts, 513.65; Guzman, Sandra V., Var. Depts, 250.00; Harmelink,Fox & Ravn, Mental Ill, 131.00; Harms Oil Company, Hwy Constr, 15,788.01; Hauk, Joe, Human Svcs, 400.00; Heartland Paper Comp, Var. Depts, 1,951.93; Heirigs, Mary Ellen, Mental Ill, 89.60; HG Maybeck Co Inc, Jail, 1,152.00; High Point Networks, Info Tech, 32.67; Huffer, Douglas A, Hwy Admin, 50.15; Hurtgen, Timothy T., Human Svcs, 1,200.00; Hy-Vee Accounts Rece, Var. Depts, 203.79; Interstate Office Pr, Var. Depts, 1,342.62; Jcl Solutions-Janito, Jail, 547.52; John Morrell & Co, Public Def, 35.00; Jones, Floyd M, Human Svcs, 295.00; Kleen Solutions, Inc, Jail, 389.70; Knudson, Dave, Mus Enterp, 150.00; Kooistra, Nelva, Mental Ill, 75.00; Language Line Servic, Info Tech, 100.00; Larson, Nickolee A, Human Svcs, 1,500.00; Lason Systems Inc, Reg Deeds, 215.25; Lawson Products, Inc, Hwy Constr, 307.84; Leaf Inc., Var. Depts, 189.77; Lindahl,Melissa, JDC, 17.49; Linweld, Inc., Var. Depts, 79.17; Locators & Supplies, Hwy Constr, 48.20; Lutheran Social Svce, Var. Depts, 350.60; Matchan, Hope, Courts, 451.00; Mattson Law Office P, Courts, 348.50; Maxwell Food Equipme, Var. Depts, 66.05; Microfilm Imaging Sy, Reg Deeds, 75.00; Midamerican Energy C, Var. Depts, 1,155.31; Midcontinent Media I, Human Svcs, 163.67; Midwest Concrete, Hwy Constr, 15,040.92; Mineral Miner, Mus Store, 316.50; Moe, Michael, Facilities, 82.00; Murray Properties, L, Human Svcs, 400.00; Myrl & Roy's Paving, Hwy Constr, 34,530.03; Nguyen, Lam, Public Adv, 25.00; Norm Feldman's Glass, Hwy Constr, 172.92; Northern Safety Tech, Hwy Constr, 222.60; Northern States Supp, Hwy Constr, 83.94; Painter, Steven L, Human Svcs, 303.00; Panasonic Finance So, Extension, 203.12; PCCS Inc, Jail, 3,250.00; Pennington County Ja, Jail, 4,789.65; Petco Animal Supplie, Sheriff, 89.98; Peters Distributing, Jail, 582.50; Pfeifer Implement Co, Hwy Constr, 835.49; Pharmchem Inc, 24/7 Prog, 240.00; Pheasantland Industr, Jail, 2,758.26; Phil Chalmers Enterp, Em Mgmt, 4,500.00; Physicians Laborator, Human Svcs, 37.76; Presto-X-Company, Facilities, 172.20; Provo, Tom, Human Svcs, 245.00; Quality Efficiencies, Var. Depts, 615.00; Quest Engineering, I, Hwy Constr, 105.44; R & L Supply, Ltd, JDC, 98.02; RDO Equipment Co., Hwy Constr, 131.00; Redwood Biotech, 24/7 Prog, 930.00; Refinish Supply Cent, Hwy Constr, 107.81; Reinke, Kalen, Mus Enterp, 150.00; Rensberger, Ron, Human Svcs, 400.00; Richard-Ewing Equipm, JDC, 72.94; Richland Prop Mgmt L, Human Svcs, 800.00; Rocky Mount Instrume, Public Def, 17.09; Roelofs, Leigh, Human Svcs, 395.00; Rural Metro Ambulanc, Coroner, 800.00; Sage Software/Best S, Auditor, 1,275.00; Sanford Health Plan-, Human Svcs, 153.18; Sanford Hospital, Var. Depts, 306.45; Schoeneman Bros. Co., Hwy Constr, 28.72; Schulte, Kenneth F, Human Svcs, 300.00; Schuneman Equip Co, Hwy Constr, 135.00; SD Continuing Legal, Jail, 125.00; Sd Dept Of Public Sa, Human Svcs, 70.00; SD Public Assurance, Var. Depts, 67,755.55; Servall Towel & Line, Var. Depts, 169.04; Sherwin Williams, Facilities, 123.01; Shopko Store #076, JDC, 217.50; Simon, Anthony, Commission, 55.00; Sioux Empire FCU/108, Sheriff, 1,143.97; Sioux Empire FCU/664, Sheriff, 908.09; Sioux Empire FCU/935, Jail, 582.48; Sioux Empire FCU/936, Var. Depts, 2,342.84; Sioux Falls City Fin, Planning, 14.06; Sioux Falls City Fin, Em Mgmt, 465.36; Sioux Falls School D, Elections, 774.54; Sioux Falls Utilitie, Var. Depts, 3,828.68; Sioux Valley Energy, Human Svcs, 165.63; Skorczewski, Jena, Courts, 144.40; Streicher's, Sheriff, 717.87; Sturdevant's Auto Pa, Hwy Constr, 57.81; Sturm, Steve A, ARRA-HPRP, 1,350.00; Tally Ho Apartments, Human Svcs, 300.00; Thorin, Deyanira T, Var. Depts, 341.67; Tires,Tires,Tires In, Var. Depts, 427.55; Trane Comp, Facilities, 117.21; TSP, Inc., Bldg Fund, 7,067.07; Turner County Sherif, St Atty, 10.00; Tuschen, Michael E, Hwy Constr, 109.99; Valley West Apartmen, Human Svcs, 300.00; VB Falls Park Apts, Human Svcs, 200.00; Velgersdyk, Dr. Scot, Human Svcs, 602.00; Velvet Uniforms, Inc, Var. Depts, 108.50; Wal-Mart Pharmacy #1, Human Svcs, 173.62; Waste Management Of, Jail, 575.93; Weerheim, Tom, Courts, 1,517.00; West Group, Var. Depts, 3,316.11; West Pointe Townhous, Human Svcs, 400.00; Winner Police Depart, Jail, 68.00; Xcel Energy, Inc., Var. Depts, 9,881.60; Zabel Steel Co., Hwy Constr, 120.82; Zahrbock Kool, Tress, Courts, 856.52; Commission, Salaries, 23,821.61; Auditor, Salaries, 39,954.51; Treasurer, Salaries, 59,048.98; Info Tech, Salaries, 56,743.52; States Atty, Salaries, 163,791.34; Public Defender, Salaries, 124,764.39; Public Adv, Salaries, 28,573.91; Facilities, Salaries, 69,919.98; Equalization, Salaries, 71,467.35; Register Of Deeds, Salaries, 37,321.74; Human Resources, Salaries, 15,052.98; Sheriff, Salaries, 779,131.34; JDC, Salaries, 171,156.65; Highway, Salaries, 153,255.64; Human Services, Salaries, 108,218.33; Museum, Salaries, 62,957.83; Planning, Salaries, 50,920.52; Extension, Salaries, 10,199.17
PERSONNEL
MOTION by Twedt, seconded by Barth to approve the following personnel changes. 4 ayes.
1. To accept the resignation of William Paradeis as Juvenile Correctional Worker for the Juvenile Detention Center effective 6-13-10.
2. To place Carmen Jurgensen, Corrections System Operator for the Jail, on leave without pay effective 6-22-10 to 7-19-10.
3. To hire Lee Stephens as part-time Correctional Officer in Training (12/1) for the Jail at $15.940/hour effective 6-28-10.
4. To hire Wade Barnes, Jason Feiock, and Stanley Mozak as Corrections System Operators (9/1) for the Jail at $13.745/hour effective 6-28-10:
Step Increases Due:
1. Seamus Walsh - Deputy Sheriff - Jail - 16/6 to 16/7 - 5-12-10 - $22.523/hour
2. Daniel Kaiser - Correctional Officer - 24/7 Program - 13/7 to 13/8 - 2-1-10 - $19.907/hour
3. Robbin Ketcham - Senior Records Technician - Register of Deeds - 12/4 to 12/5 - 6-22-10 - $17.595/hour
4. Daniel Finnegan - Highway Maintenance Worker - Highway - 12/1 to 12/2 - 6-3-10 - $16.339/hour
5. Julie Person - Tax & License Technician - Treasurer's Office - 10/1 to 10/2 - 6-15-10 - $14.802/hour
6. Rebecca Allen - Juvenile Correctional Worker - Juvenile Detention Center - 9/1 to 9/2 - 6-23-10 - $14.089/hour
MOTION by Twedt, seconded by Kelly to change the title Assistant Sheriff to Chief Deputy Sheriff, effective June 22nd, to more accurately reflect the role of the position within the organization. 4 ayes.
REPORTS
Jenny Adix, Human Resources Generalist and member of the Minnehaha County Diversity Committee, introduced fellow committee members Wes Garcia and Kim Cournoyer-Baum. Mr. Garcia presented the Diversity Committee Annual Report, highlighting activities of the past year.
NOTICES
Notice of intent to conduct a 50/50 drawing at the 4th of July Fireworks Celebration at the Fairgrounds was received from the Sioux Falls Jaycees. Proceeds from the raffle will be donated to Honor Flight South Dakota.
MOTION by Barth, seconded by Twedt, to authorize the Auditor to publish a Revised Notice of Hearing on July 13, 2010 to consider an ordinance providing for criminal background checks on county job applicants. The hearing was scheduled for July 6th, but there will be no commission meeting on that day. 4 ayes.
LIEN
Pursuant to deferral on June 15, 2010, the Commission considered a request to compromise DPNO 42989, in the amount of $3,572.24. The applicant will be receiving an insurance settlement, and is requesting that the county release the lien only as it pertains to the insurance proceeds. The applicant was present and reported that her family has run out of money to stay in a motel, and family members are now living in three different locations. Gordy Swanson, Chief Civil State's Attorney, explained that the applicant's attorney has asked for the release so the insurance proceeds can be distributed. Mr. Swanson stated that the attorney might file a claim of exemption if the release is denied. Commissioners expressed concern that the attorney and medical bills will be paid, but the county taxpayers are being asked to give up their claim on the proceeds. MOTION by Twedt, seconded by Barth to approve Resolution 10-27. 3 ayes, Hajek nay.
RESOLUTION MC10-27
WHEREAS, County Aid Lien in the amount of $3,572.24 purports to exist in favor of Minnehaha County and against DPNO 42989 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Release the lien in full upon payment of $2,000.
Dated at Sioux Falls, South Dakota, this 22nd day of June, 2010.
APPROVED BY THE
COMMISSION:
Anne Hajek, Chairman
ATTEST:
Sue Roust, County Auditor
REPORT
Jeff Schaefer, Department of Legislative Audit, presented the Management Letter for the 2009 Minnehaha County audit. He reported that there were no written comments or adjustments made to the financial reports, but noted minor issues with the Sheriff's execution and civil accounts, petty offense receipts, and parks expenditures. In response to a question from Auditor Sue Roust, Mr. Schaefer stated that the County's OPEB liability for retiree health insurance is not a material amount and will not be for the foreseeable future. Current accounting standards require an actuarial analysis of OPEB liability biennially for governments of our size. However, Mr. Schaefer said that as long as our health plan and participation do not have major changes, there will be no written comments in future audits if we continue to estimate the OPEB liability based on the initial actuarial analysis, rather than pay for a new analysis every two years.
PROPOSALS
Consideration of proposals for Jail and JDC Food Service was deferred from June 15th to today to allow the review committee (Commissioner Twedt, Mike Milstead, Tim Devlin, Sue Roust, Todd Cheever, and Ken McFarland) to complete their work. Ken McFarland, Commission Administrative Officer, reported that the committee has finalized their analysis of the Jail proposals, using a point system based on price, plan of operation, experience, and financial capability. The points awarded for each proposal were: CBM proposal #1 95, CBM proposal #2 97, A'viands 95, and Aramark 93. CBM proposal #2 received the highest score, and the committee recommends acceptance of that proposal. Martin Fox with A'viands stated that their proposal had a lower cost and that they have experience in dealing with disaster situations. Jake Sweeney of Aramark and Marlin Sejnoha of CBM thanked the Commission for the opportunity to submit proposals. Commissioner Barth asked why the CBM proposal was so much lower than they are currently charging the county. Mr. Sejnoha stated that the previous contracts have had an annual CPI adjustment, and that based on an analysis of current operations they were able to lower their price. Warden Tim Devlin thanked the review committee for their work, and Commissioner Twedt observed that the proposals were all very close. MOTION by Twedt, seconded by Kelly, to accept proposal #2 from CBM Managed Services ($.86 per meal, $.55 for supplements, $.08 commissary discount) for Jail Food Service. 4 ayes.
Mr. McFarland reported that the same review committee also considered the proposals for JDC Food Service. The same point system was used, with points awarded as follows: CBM 99, A'viands 88, and Aramark 92. CBM received the highest score, and the committee recommends acceptance of their proposal. MOTION by Twedt, seconded by Kelly, to accept the proposal from CBM Managed Services ($1.59 per meal, $.70 for snacks) for JDC Food Service. 4 ayes.
E911 FEES
Ken McFarland, Commission Administrative Officer, reported that the Commission has received a request from the Bennett County Commission to write a letter of support for their resolution calling for a temporary increase in the monthly E911 fee from 75¢ to $2.00. MOTION by Barth to authorize sending the letter of support. Motion dies for lack of a second. Commissioners expressed concern about the size of the proposed increase. Commissioner Twedt stated that Bennett County should follow the standard process and bring this resolution to the SD Assn of County Commissioners annual convention for a thorough discussion.
BID
Lloyd Olson, Facilities Director, reported that bids for the Energy Plant Boiler Addition were opened at 2:30 pm on June 16th. The following bids were received (Bidder/ Base bid/Alt 1 linkage-less boiler burner/Alt 2 skimmer system): PrairieSons, Inc/$100,601/ $6,632/ $4,369. Howe Heating & Plumbing, Inc/$101,630/ $5,975/$2,740, Midwestern Mechanical, Inc/$114,580/ $7,330/$4,430. Mr. Olson recommended accepting the low bid (including alternates) from Howe Heating & Plumbing. MOTION by Barth, seconded by Kelly, to award the bid for the Energy Plant Boiler Addition to Howe Heating & Plumbing, Inc (price $110,345 including alternates 1 and 2). 4 ayes. This project will be paid using Energy Efficiency Block Grant funds.
HEARING
Pat Herman, Planner III, was present for the Public Hearing on an ordinance amending the 1990 Revised Zoning Ordinance for Minnehaha County by amending Section 12.02 Wind Energy Conversion Systems and adding supportive description in the definition section of the ordinance. The changes would allow wind towers on the roof of or next to homes, adjust setback and security requirements, make the noise regulations applicable to any occupied structure, allow greater monitoring of wind farm construction, and require shadow flicker analysis. The Planning Commission recommends approval of the changes. There were no comments from the public. MOTION by Kelly, seconded by Barth, to approve Ordinance MC16-110-10. 4 ayes. The entire ordinance is on file and available for inspection at the County Auditor's office.
OLD BUSINESS
Commissioners asked for a report from County Treasurer Pam Nelson and County Auditor Sue Roust on the impact of RV'ers on motor vehicle revenues and elections in Minnehaha County.
Chairman Hajek noted that the public hearing on the ambulance ordinance will be held at 7 pm tonight.
Scott Anderson, Planning Director, announce that the Drainage Task Force will meet Wednesday, June 23, at 7 pm at the Dell Rapids Middle School.
MOTION by Barth, seconded by Kelly to adjourn into Executive Session for preparation for contract negotiations. 4 ayes. Following the Executive Session, the Commission recessed until the ambulance ordinance hearing at 7:00 pm.
The Commission reconvened at 7:00 pm for the Second Reading and Public Hearing to consider an ordinance amending Minnehaha County Ordinance MC31-02-09 Surface Ambulance License Ordinance. Commissioners present were: Hajek, Twedt, Barth, and Kelly. Commissioner Pekas was absent. Also present were Sue Roust, County Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Hajek called the meeting to order.
AMBULANCE ORDINANCE
Ken McFarland, Commission Administrative Officer, reviewed changes which had been discussed at the first reading and included in the hearing notice. These included four boundary changes to the ambulance primary service areas (PSAs) suggested by ambulance services (map amendments 1 through 4) and a text amendment to Section 1-10, Geographical Boundaries, which would no longer allow multiple licenses in one area, but would set up a process for changing license areas at the time of license renewal. He also explained two additional amendments which have been proposed since the first reading, which would (1) add back a paragraph about private contracts inadvertently dropped from Section 1-1 at the time of the last ordinance revision and (2) change the license term in Section 1-2 from four to two years. Commissioners were provided with data on ambulance dispatch totals for 2007-10 compiled by Metro Communications Agency, and letters from Rural/Metro Ambulance, Med-Star, and Jasper Community Ambulance. Mr. McFarland noted that no comments were received from the Humboldt or Dell Rapids ambulance services.
Mike Stuhr, Division General Manager for Rural/Metro, stated that they would prefer no change in the PSAs, but if change is necessary they would support amendment 3. He noted that Rural/Metro has 40 years of service with no county subsidy, and suggested that a new provider might need a subsidy in a few years. Mr. Stuhr stated that the County must ensure that any new provider meets the same quality standards as current providers, and that if response time is an issue, all PSA boundaries in the county should be reviewed.
Tim Rave, Rural/Metro, noted that 100% of their calls are reviewed by the Regional Emergency Medical Services Authority (REMSA). He stated that amendment 3 has Valley Springs city and township in PSA 5 because Rural/Metro is currently discussing service contracts with those entities. He would have no objection to a 2-year contract period.
Gordy Swanson stated that he believes townships have no authority under SD law to contract for ambulance services, while cities do have such authority.
Don Johnson, Valley Springs Fire Chief, stated that he expects call volume in the southeast part of his territory to increase with the new Iowa casino, and he believes Rural/ Metro has the closest station to cover the area along the Iowa border.
Monte Albertson, Split Rock Fire Chief, stated that he would like to have no license boundaries, so the appropriate service could be dispatched as needed. He believes this would allow faster response time. Sometimes when accidents occur on the border of a PSA, the closest service cannot respond. He questioned whether it is appropriate for ambulance providers to be testifying on boundary issues. Chief Albertson suggested having soft boundaries, with multiple providers allowed to serve within 1/2 mile of PSA boundaries.
Tracy Foltz, Med-Star Director of Operations, encouraged the Commission to focus on the best service for citizens and the best response time. He stated that Med-Star sent mutual aid agreements to Garretson and Rural/Metro and no response has been received. He would have no objection to a 2-year contract period.
Jim Veldkamp, Jasper Community Ambulance, objected to amendments 1 and 2 which would move a portion of the area currently covered by Jasper to Garretson. He believes Jasper has the fastest response time there.
Mike Ebbing, Garretson Fire, stated that the area they are picking up from Jasper is closer to Garretson. According to a survey done by Garretson Fire, over 50% of citizens reached in this area would prefer Garretson. They do have a mutual aid agreement with Jasper. He would have no objection to a 2-year contract period.
Faron Wahl, Rural/Metro, clarified that while R/M requested funds for radio maintenance for 2011, they have never asked for operational funds. He stated that since Rural/Metro covers the city of Sioux Falls, they are waiting for input from REMSA before responding to Med-Star's request for a mutual aid agreement. He also stated that soft boundaries lead to a loss of accountability in areas covered by two ambulance services.
Deb Berreth, Operations Manager for Metro Communications Agency, said that a lack of hard boundaries delays emergency dispatch. With hard boundaries programmed into the dispatch system, the dispatcher knows immediately which service to call.
The public hearing was closed.
MOTION by Kelly, seconded by Barth, to amend the first sentence of Section 1-2. License Term to read "Ground ambulance licenses are issued for a four (4) two (2) year period." 4 ayes.
MOTION by Barth, seconded by Kelly, to add subsection 10 to Section 1-6. Requirements for Licensure which would read "All ambulance services must have mutual aid agreements with bordering services." Gordy Swanson raised several legal concerns about this proposal. Motion withdrawn.
MOTION by Twedt, seconded by Barth, to amend Section 1-1. License Required to add back the following paragraph which was inadvertently dropped when the ordinance was last revised: "This ordinance shall not apply to private contracts for ambulance services which are in existence on the date of adoption. However, any ambulance service operating pursuant to this exemption may not expand or increase its ambulance service beyond that allowed in the existing contract without proper licensure by the county." 4 ayes.
MOTION by Kelly, seconded by Twedt, to approve map amendment 4. Lynn DeYoung suggested that the border between PSAs 5 and 6 be the Sioux Falls-Brandon joint jurisdictional boundary. SUBSTITUTE MOTION by Barth, seconded by Kelly to approve map amendment 3 with adjustments to the west boundary. After discussion, the substitute motion and main motion were withdrawn.
MOTION by Barth, seconded by Kelly to approve map amendment 5. This proposal followed the north, east, and south boundaries shown for PSA 6 on amendment 4, but revised the west boundary to follow the west boundary shown for PSA 6 on amendment 3 from 256th St to Madison St, and then to follow the Big Sioux River from Madison St to 268th St. 4 ayes.
MOTION by Barth, seconded by Twedt, to make no changes to the boundaries of PSAs 2 and 4. 4 ayes.
MOTION by Twedt, seconded by Kelly to amend the second paragraph of Section1-10. Geographical Boundaries to read "The County will consider additional applications for ground ambulance licenses for new geographical areas already served by an existing license holder prior to September 1 in the year of upon the expiration of the existing license holder's license term. However, under such circumstances, the applicant will be required to show by demonstrable evidence, that a need exists for more than one ambulance service in the area and that the issuance of more than one ground ambulance license for that area will not unduly impact the ability of the current license holder to perform ambulance services mandated by this Ordinance. Any decision of the County Commission regarding the approval or denial of an application for ground ambulance services may be appealed to the circuit court in accordance with the statutes of the State of South Dakota, by any interested party." 4 ayes.
The entire Ordinance MC31-3-10 is on file and available for inspection at the County Auditor's office.
MOTION by Kelly, seconded by Barth, to adjourn until 9:00 a.m. on Tuesday, June 29, 2010.
APPROVED BY THE
COMMISSION:
Chairman
ATTEST:
County Auditor
Published once at the total approximate cost of $237.08.
1277947-02 June 30, 2010
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