PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES April 12, 2005 A meeting of the Pennington County Board of Commissioners was held on Tuesday, April 12, 2005, in the Commissioners' meeting room of the Pennington County Courthouse. Chairman Jim Kjerstad called the meeting to order at 9:00 a.m. with the following Commissioners present: Delores Coffing, Ken Davis, Gale Holbrook and Mark Kirkeby. REVIEW AND APPROVE AGENDA MOVED by Davis and seconded by Kirkeby to approve the agenda with the following addition: Hawthorne Ditch Maintenance Agreement. Vote: Unanimous. REVIEW MINUTES MOVED by Coffing and seconded by Holbrook to approve the minutes of the April 5, 2005, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM PUBLIC A. ABANDONED MOBILE HOME – Ted Pettyjohn, Jr.: MOVED by Coffing and seconded by Kirkeby to continue this item to the April 19, 2005, Board of Commissioners' meeting in order to allow Sheriff Don Holloway and Mr. Ted Pettyjohn Jr. to discuss how the mobile home may be disposed of. Vote: Unanimous. ITEMS FROM CHAIR A. HAWTHORNE DITCH MAINTENANCE: MOVED by Holbrook and seconded by Coffing to approve the Agreement with Donna Klapperich for the maintenance of Hawthorn Ditch in the amount of $4,000.00 and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT A. LIEN RELEASE (DR): MOVED by Holbrook and seconded by Kirkeby to reconsider the motion made on January 4, 2005, regarding the liens against (name withheld per SDCL 28-13-42). Vote: Unanimous. MOVED by Holbrook and seconded by Coffing to direct Credit Collections Bureau to dismiss Small Claims action and to accept $25.00 per month as payment toward liens filed under (name withheld per SDCL 28-13-42). Vote: Unanimous. B. LIEN COMPROMISE/SETTLEMENT (TD): MOVED by Davis and seconded by Holbrook to continue this item to April 19, 2005, Board of Commissioners' meeting to allow Credit Collection Bureau to provide further information on debtor. Vote: Unanimous. STORM WATER MANAGEMENT PRESENTATION (Dion Lowe-RC Public Works): MOVED by Davis and seconded by Holbrook to table this item. Vote: Unanimous. CHILDRENS CARE PROGRAM BONDS – Don Templeton: MOVED by Coffing and seconded by Holbrook to continue this item to the April 19, 2005, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM AUDITOR A. ALCOHOLIC BEVERAGE LICENSE: MOVED by Davis and seconded by Holbrook to approve the application for a Retail (on sale) Liquor license with Sunday Sales for Mount Rushmore National Memorial, Xanterra Parks and Resorts, Inc. Vote: Davis, Holbrook and Kirkeby, yes. Coffing and Kjerstad, no. Motion carried 3 to 2. B. BUDGET SUPPLEMENT – 2005 SP-008: MOVED by Coffing and seconded by Holbrook to schedule a hearing for April 26, 2005, at 9:15 a.m. to supplement the Title III Fund Emergency Services Budget in the amount of $138,000 from cash reserves. Vote: Unanimous. C. SURPLUS PROPERTY FOR TAX DEED AUCTION: MOVED by Kirkeby and seconded by Coffing to declare the following properties, listed by property identification number, as surplus for the purpose of selling them at the Tax Deed Auction: 46687; 45498; 45166; 31176; 35205; 47454; 1634; 50543; 7818; 1190; 8995. SUBSTITUTE MOTION: MOVED by Holbrook and seconded by Kjerstad to continue this item to the April 19, 2005, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM EQUALIZATION Coffing left the meeting at 10:42 a.m. A. ABATEMENTS: MOVED by Holbrook and seconded by Kirkeby to approve the following abatements/refunds: 2003, Dakota Blossom Ent., 3.56; and 2004, Scenic Cemetery Association, 11.34. Vote: Unanimous. Coffing returned to the meeting at 10:47 a.m. ITEMS FROM HIGHWAY A. DEVELOPMENT OF PALMER CREEK ROAD (Con’t from 3/22/05): MOVED by Holbrook and seconded by Coffing accept the recommendation of the committee that reviewed Palmer Creek Road that 23 trees will be removed and to proceed with said removal when the crew is available. Vote: Unanimous. MOVED by Coffing and seconded by Kjerstad to send a letter to Brad Haxton, Acting Black Hills National Forest Supervisor asking Hells Canyon District Ranger, Mike Lloyd, to cancel the “Record of Decision” which he signed on January 5, 2004 and reconfirmed in his letter to Eugene Koevenig dated February 23, 3005. Vote: Unanimous. B. REQUEST TO PURCAHSE FROM STATE CONTRACT LIST – BULK DIESEL AND GAS PRODUCTS: MOVED by Kirkeby and seconded by Davis to authorize the purchasing of bulk diesel and gas products from the following State Contracts: Contract Number 14518, M.G. Oil Company, 1002 W. Main, Rapid City, SD; Contract Number 14520, Energy Alliance, LLC, PO Box 93, Leola, South Dakota; Contract Number 14528, Flannery Oil Company, PO Box 1580, Rapid City. Vote: Unanimous. C. BRIDGE REHABILITATION: MOVED by Coffing and seconded by Davis to approve the chair’s signature to the following resolution, the Utilities Certificate, the Letting Authorization for Project Number BRO 8052(28) and the Right-of-Way Certificate. Vote: Unanimous. FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM RESOLUTION FOR COUNTY AND URBAN PROJECTS WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described: Structure Number and Location – 52-512-280 located 1.2 E of Box Elder. AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements. AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds. AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons: 1. The sufficiency rating is 413. 2. The bridge is not located on a County or Township designated Minimum Maintenance Road. 3. The bridge is located on a school bus route and a mail route. 4. The load capacity of the existing bridge can be improved to carry legal loads by rehabilitation of the existing bridge. NOW THEREFORE BE IT RESOLVED: That the South Dakota Department of Transportation be and hereby authorized and requested to program for construction, in accordance with the “Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews and construction administration. Estimated Cost of Project Including Engineering: $81,328.08 Federal Share (80%): $65,062.46 Local Share (20%): $16,265.62 Proposed Year of Construction: 2005. Vote of Commissioners/Council: YES X NO ____ Dated at Rapid City, SD, this 12th day of April 2005. s/Jim Kjerstad, Chariman ATTEST: s/Cindy Mohler, Deputy Auditor D. CATTLEGUARDS: MOVED by Coffing and seconded by Kjerstad to authorize Duane L. Angerhofer to install two (2) cattle-guards in the SW1/4SE1/4 NE1/4; SW1/4NE1/4, Section 24, T2S, R3E, BHM, according to Pennington County’s Policy on Livestock Guards and Auto Gates dated 12/30/1981. Vote: Unanimous. PLANNING AND ZONING A. APPEAL OF CONDITIONAL USE PERMIT REVIEW / CU 03-09: Kerry Papendick. To allow a commercial horse boarding facility in a Limited Agriculture District in accordance with Section 204-F and Section 510 of the Pennington County Zoning Ordinance. Lot 5R of High View Subdivision of Section 35, T1N, R7E, BHM, Pennington County, South Dakota. Holbrook left the meeting at 11:43 a.m. MOVED by Davis and seconded by Coffing to reinstate CU 03-09 with an additional condition that all obstructions within the access easement be moved out of the easement area within the next 90 days. Vote: Coffing, Davis and Kjerstad; yes. Kirkeby, no. Motion carried 3 to 1. MOVED by Davis and seconded by Kirkeby to reconsider the previous motion. Vote: Unanimous. MOVED by Davis and seconded by Coffing to reinstate CU 03-09 with the additional condition that the applicant move all obstructions out of the access easement excluding fencing and 16 foot gates in each fence within 90 days. Vote: Unanimous. B. APPEAL OF CONDITIONAL USE PERMIT / CU 05-06: Paul Kieffer – Owner; Rockerville Fire Protection District – Applicant; Phil Olsen - Agent. To allow for a fire station in a Limited Agriculture District in accordance with Sections 206-C-9 and 510 of the Pennington County Zoning Ordinance. Proposed Lot B of Lot 26, Beginning at the Southwest corner of Lot 26 of Kieffer Ranch Estates Subdivision, which is a 5/8 rebar with a survey cap marked “Davis Eng-3095” which is the TRUE POINT OF BEGINNING: Thence; N 00? 48’ 46” E, a distance of 589.31 feet, Thence; Along a curve to the left, a distance of 32.22 feet with a Radius of 133.00 feet, thru a Delta of 13? 52’ 51”, with a Chord Bearing of S 74? 51’ 42” E and a Chord Distance of 32.14 feet, Thence; S 81? 48’ 08” E, a distance of 363.81 feet, Thence; Along a curve to the right, a distance of 46.96 feet with a Radius of 67.00 feet, thru a Delta of 40? 09’ 28”, with a Chord Bearing of S 61? 43’ 24” E and a Chord Distance of 46.00 feet, Thence; S 41? 38’ 40” E, a distance of 63.45 feet, Thence; S 48? 21’ 20” W, a distance of 298.49 feet, Thence; Along a curve to the left, a distance 123.70 feet with a Radius of 1062.59 feet, thru a Delta of 06? 40’ 13”, with a Chord Bearing of S 45? 01’ 14” W and a Chord Distance of 123.64 feet, Thence; S 41? 41’ 07” W, a distance of 107.66 feet, Thence; Along a curve to the right, a distance of 137.21 feet with a Radius of 754.34 feet, thru a Delta of 10? 25’ 19”, with a Chord Bearing of S 46? 53’ 47” W and a Chord Distance of 137.03 feet, to the TRUE POINT OF BEGINNING; containing 3.40 acres “more or less”, located in the SW1/4 of Section 21, T1S, R7E, BHM, Pennington County, South Dakota. MOVED by Davis and seconded by Coffing to approve CU 05-06 with the following conditions: 1. That a minimum of 8 off-street parking spaces be provided. Each parking space shall measure at least 9 feet by 18 feet and the off-street parking spaces shall be maintained in a dust free manner; 2. That all lighting located on the outside of the building be directed towards the ground; 3. That prior to any expansion to the fire station or addition of any buildings, the applicant be required to have the Conditional Use Permit reviewed with notification to surrounding property owners; 4. That personal vehicles not be stored, maintained or repaired on the property and that all non-fire related overnight stays be prohibited; 5. That prior to issuance of a Building Permit, the applicant shall submit the appropriate paperwork to the S.D. Department of Environment and Natural Resources for review and approval of any on-site wastewater disposal system; 6. That access be taken from Coyote Flats Road; and, 7. That this Conditional Use Permit shall be reviewed in two (2) years or upon a complaint basis. Vote: Unanimous. C. SECOND READING OF REZONE / RZ 05-02: David G. Kinser and Hilary Gilbert. MOVED by Davis and seconded by Coffing to approve the second reading of RZ 05-02. Vote: Unanimous. ORDINANCE NO. RZ 05-02 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: NE1/4 SE1/4 less E 33’, Section 28, T2N, R9E, BHM, Pennington County, South Dakota. The above-described property is hereby rezoned from General Agriculture District to Limited Agriculture District. Dated this 12th day of April 2005. PENNINGTON COUNTY COMMISSION s/James Kjerstad, Chairperson ATTEST: s/Cindy Mohler, Deputy Auditor MISCELLANEOUS A. VOUCHERS: MOVED by Kirkeby and seconded by Davis to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. RECESS The Board recessed at 12:55 p.m. on April 12, 2005. The Board reconvened at 11:10 a.m. on Thursday April 14, 2005, with the following Commissioners present: Davis, Kirkeby and Kjerstad. COMMENTS ON THE PRAIRIE DOG DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) MOVED by Davis and seconded by Kirkeby Davis move to authorize the chair’s signature to the letter to the Nebraska Nation Forest in regards to the black-tailed prairie dog DEIS as presented by Scott Guffey, Weed and Pest Director. Vote: Unanimous. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners; I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of February 24, 2005. Total Balances of Checking Accounts, $17,151,186.19; Total Balance of Treasurer’s Office Safe Cash, $4,500.00; Total Certificates of Deposit, $6,172,229.90; Total Prime Value Investment, $6,068.26; Total SD Public FIT, $1.82; Total Petty Cash, $13,290.00; Total Cash Items/NSF Paid, $5.00; Total Cash Items, $213.18; Total Long, $245.72; Total, $23,347,248.63. Submitted by Cindy Mohler, Deputy Auditor. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners; I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of March 29, 2005. Total Balances of Checking Accounts, $18,848,093.02; Total Balance of Treasurer’s Office Safe Cash, $4,500.00; Total Certificates of Deposit, $6,172,436.49; Total Prime Value Investment, $6,036.93; Total SD Public FIT, $1.82; Total Petty Cash, $13,290.00; Total Cash Items/NSF Paid, $2.00; Total Cash Items, $181.72; Total Long, $256.80; Total, $25,044,285.18. Submitted by Cindy Mohler, Deputy Auditor. VOUCHERS BH Fibercom, 795.21; BH Power and Light, 25,601.28; City of RC – Water Dept, 1,231.03; Qwest-Seattle, 53.26; CBM Food Service, 11,004.50; First Administrators, 105.417.19. ADJOURN There being no further business the meeting was adjourned at 11:23 a.m. on April 14, 2005 Julie A. Pearson, Auditor Publish: April 27, 2005 April 12, 2005 1