PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES October 11, 2005 A meeting of the Pennington County Board of Commissioners was held on Tuesday, October 11, 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 Kirkeby and seconded by Coffing to approve the agenda with the following additions/revisions: ITEMS FROM ADMINISTRATIVE ASSISTANT: Morning Optimist Meeting; ITEMS FROM CHAIR: Letter to the Editor. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Coffing to approve the minutes of the October 4, 2005, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM CHAIR A. RECONSIDERATION (OCTOBER 4, 2005 BOC MOTION); KATRINA EMERGENCY DISASTER FUND: MOVED by Kirkeby and seconded by Coffing to reconsider the motion of 10-4-05 to take $97,795 from the Emergency Disaster Fund to pay the Katrina evacuees expenses. Vote: Unanimous. MOVED by Holbrook and seconded by Kjerstad to submit the invoice for the Katrina evacuees expenses to the South Dakota Office of Emergency Management for payment. Vote: Unanimous. B. LETTER TO THE EDITOR: MOVED by Coffing and seconded by Kirkeby to authorize the chair’s signature to the letter to the Editor regarding the Board’s support of the Governor’s plan for the Homestake Mine. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT A. FLU SHOT APPROVAL (CON’T FROM 9-27-05 BOC MEETING): MOVED by Davis and seconded by Coffing to remove the motion of 10-4-05 from the table. Vote: Unanimous. MOVED by Coffing and seconded by Davis to authorize flu shots for employees to be paid by individual department budgets, employees receive flu shot on their own time. Vote: Unanimous. B. CONSUMPTION FEE LETTER (CON’T FROM 10-4-05 BOC MEETING): MOVED by Coffing and seconded by Holbrook to authorize the chair’s signature and the signatures of Ken Davis and Ron Buskerud as members of the Liquor Task Force to the letter to all county commissioners concerning the consumption fee petition. Vote: Unanimous. ITEMS FROM AUDITOR A. 2005 SUPPLEMENT - 2005 SP-015: MOVED by Holbrook and seconded by Coffing to schedule a hearing to supplement the Emergency Disaster Fund Fire Budget ($20,000) from cash reserves at 9:15 a.m. on Tuesday, October 25, 2005. Vote: Unanimous. B. NEW RETAIL MALT BEVERAGE LICENSE: MOVED by Holbrook and seconded by Kjerstad to approve the application for a new Retail (on-off sale) Malt Beverage license for O’Malley’s Casino, Karen Lich; and Sally O’Malley Pub & Casino, Karen Lich. Vote: Unanimous. ITEMS FROM FIRE A. BURN BAN: MOVED by Holbrook and seconded by Davis to authorize lifting the burn ban effective immediately within Pennington County. Vote: Unanimous. ITEMS FROM HIGHWAY A. CATTLEGUARD/AUTOGATES (CON’T FROM 9-13-05 BOC MEETING): MOVED by Davis and seconded by Coffing to continue this item to the January 10, 2006 Board of Commissioner’s Meeting. Vote: Unanimous. B. STATE CONTRACT LIST - TIRES & TUBES PURCHASES: MOVED by Davis and seconded by Coffing to authorize the Highway Department to enter into a Joint Purchase Agreement to purchase Tires and Tubes from the State Contract List effective October 1, 2005 through September 30, 2006, whereby purchases may be made from Great Western Tire, 1645 Dyess Avenue, Rapid City, South Dakota, State Contract #14661; Dale’s Tire & Retreading, Inc, 691 Deadwood Avenue, Rapid City, South Dakota, State Contract #14663; and Hills Tire and Supply, 600 E. Omaha Street, Rapid City, South Dakota, State Contract #14662. Vote: Unanimous. MISCELLANEOUS A. APPROVE 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. ITEMS FROM PLANNING AND ZONING: A. SECOND READING OF PLANNED UNIT DEVELOPMENT / PU 05-14: Dean Kelly Construction, applicant and Sperlich Consulting, agent. To amend an existing Planned Unit Development to allow for a reservoir lot and three (3) well lots in accordance with Section 213 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Coffing to approve the second reading of PU 05-14. Vote: Unanimous. ORDINANCE NO. PUD 05-14 AN ORDINANCE AMENDING SECTION 213 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 PLANNED UNIT DEVELOPMENT ZONING DISTRICT OF THE FOLLOWING DESCRIBED PROPERTY: SE1/4 SE1/4 less Lots 1-4 in Section 34 and the SW1/4 SW1/4 of Section 35, T1N, R6E, BHM, Pennington County, South Dakota. The Planned Unit Development uses are hereby approved in accordance with the following conditions: Planning Commission recommended approval of PUD #05-14 with the following 18 conditions: 1. That the Planned Unit Development consists of (25) residential lots, three well lots, reservoir lot and one lot reserved for a community wastewater disposal system; 2. That the minimum residential and sewer lot size be a minimum of two (2) acres; 3. That each proposed lot have areas for a single-family residence, accessory structures, and two (2) drainfields sites if not hooked up to the community drainfield; 4. That if an adequate drainfield area can be found on a lot then it could be utilized and the common drainfield could be utilized as the reserve drainfield. If an adequate drainfield area cannot be found on a particular lot, the common drainfield area must be utilized; 5. That a minimum of two (2) off-street parking spaces be provided for each residential lot. All off-street parking spaces on the site shall measure at least nine (9) feet by eighteen (18) feet, be surfaced with gravel, concrete, or asphalt and maintained in such a manner that no dust will result from continuous use; 6. That no off-premise signs be allowed within the Planned Unit Development; 7. That the Planning Director may allow additional development or construction which is consistent with the existing development on this property; significant changes in the use or impacts on adjacent land uses as determined by the Planning Director shall require an amendment to this Planned Unit Development; 8. That a Building Permit be obtained for any structures exceeding 144 square feet or located on a permanent foundation, which includes the necessary site plans to be reviewed and approved by the Planning Director; 9. That the required minimum setbacks for all structures be a minimum of 25 feet from all property lines; 10. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 11. That two means of ingress and egress be provided to the property or obtain a Subdivision Regulation Variance waiving this requirement; 12. That all roads be improved to a minimum of Local Road standards, which includes a minimum of 24-feet in driving surface and 50-feet of right-of-way or obtain a Subdivision Regulation Variance waiving this requirement; 13 That a road district be formed to maintain the roads; 14. That the homeowner’s association or water association maintain the water reservoir; 15. That prior to County Board approval of the Final Plat, an intermediate turn-around be added on any road over ½ mile; 16. That prior to County Board approval of the Final Plat, an engineered water system be submitted for review and approval by Pennington County Drainage Engineer and Fire Coordinator for both water and fire protection; 17. That the sewer lot be reserved for a community drainfield and reserve community drainfield; and, 18. That this Planned Unit Development be reviewed one year or on a complaint basis. Dated this 11th day of October 2005. PENNINGTON COUNTY COMMISSION s/James Kjerstad, Chairperson ATTEST: s/ Lori Severson, Deputy Auditor B. PRELIMINARY AND FINAL PLAT / PL 05-47 AND PL 05-48: Dean Kelly Construction, applicant and Sperlich Consulting, agent. To create sewer lot 1 and lots 2-8 of Block 1, Lots 2-10 of Block 2, Lots 1-8 of Block 3, Reservoir Lot and Well Lots 1-3 and dedicated ROW in Sections 34 and 35, T1S, R6E, BHM, Pennington County South Dakota, in accordance with Section 400.3 of the Pennington County Subdivision Regulations. SUBDIVISION REGULATION VARIANCE / SV 05-16: Dean Kelly Construction, applicant and Sperlich Consulting, agent. To waive Section Line Highway improvements on the North / South Section Line, cul-de-sac length, curve radius on Ironwood Ridge Road and to allow a 15% grade on a paved road on the proposed Sewer Lot 1 and Lots 2-8 of Block 1, Lots 1-10 of Block 2, Lots 1-8 of Block 3, Reservoir Lot and Well Lots 1-3 and dedicated ROW in Sections 34 and 35, T1S, R6E, BHM, Pennington County, South Dakota in accordance with Section 700 of the Pennington County Subdivision Regulations. EXISTING LEGAL: SE1/4 SE1/4 Less Lots 1-4 in Section 34 and the SW1/4 SW1/4 of Section 35, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Sewer Lot 1 and Lots 2-8 of Block 1, Lots 1-10 of Block 2, Lots 1-8 of Block 3, Reservoir Lot and Well Lots 1-3 and dedicated right-of-way of Sawmill Road, Sienna Meadows, and Ironwood Ridge, Sheridan Lake Highlands in Sections 34 and 35, T1S, R6E, BHM, Pennington County, South Dakota. MOVED by Coffing and seconded by Holbrook to continue this item to the October 25, 2005 Board of Commissioner’s Meeting. Vote: Unanimous. C. PRELIMINARY AND FINAL PLAT / PL 05-49 AND PL 05-50: Heartland Country Ranchettes LLC, c/o Willard Werth, applicant and Steve Thingelstad, agent. To create Tracts 17-19, 29-39 and 68-75 of Spring Creek Acres in Sections 3, 10, & 11, T2S, R8E, BHM, Pennington County, South Dakota in accordance with Sections 400.2 & 400.3 of the Pennington County Subdivision Regulations. SUBDIVISION REGULATION VARIANCE / SV 05-17: Heartland Country Ranchettes LLC, c/o Willard Werth, applicant and Steve Thingelstad, agent. To waive Section Line Highway improvements and topography at a two (2) foot interval of the Preliminary and Final Plat for Tracts 17-19, 29-39 and 68-75 of Spring Creek Acres in Sections 3, 10, 11, T2S, R8E, BHM, Pennington County, South Dakota in accordance with Section 700 of the Pennington County Subdivision Regulations. EXISTING LEGAL: The unplatted balances of Sections 3, 10, & 11, T2S, R8E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tracts 17-19, 29-39 and 68-75 of Spring Creek Acres in Sections 3, 10, and 11, T2S, R8E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Coffing to accept the Planning Commission recommendation to approve PL 05-49 and PL 05-50 with nine (9) conditions and approve Subdivision Regulation Variance / SV 05-17 to waive Section Line Highway improvements and topography at a two (2) foot intervals. The nine (9) conditions are as follows: 1. That prior to County Board approval of the Final Plat, the Section Line Right-of-Ways must either be improved to Local Road Standards or a Subdivision Regulations Variance obtained to waive road construction requirements; 2. That the previously approved engineered septic systems be provided at the time of the Building Permit request; 3. That prior to County Board approval of the Final Plat, streets and traffic control signs be installed or surety posted for the installation; 4. That the applicant creates a road district for the maintenance of the new subdivision roads; 5. That prior to filing of the Final Plat with the Register of Deeds a note be placed on the plat stating that Tract 69 is located in two (2) separate school districts or the applicant change the school district boundaries for Tract 69; 6. That the applicant sign and follow a Noxious Weed Management Plan; 7. That prior to County Board approval of the Final Plat, all roads shown on the Final Plat, shall be constructed to local road standards, surety posted for the improvements, or a Subdivision Regulations Variance obtained to waive road construction; and, 8. That the applicant file a maintenance agreement with the Board of County Commissioners, in a form satisfactory to the State’s Attorney, to ensure the satisfactory condition of required improvements for a period of five (5) years after the date of the acceptance by the Board; and 9. That the applicant place black top or recycled asphalt from Lower Spring Creek Road extending along Dewey Lane for 50-feet and 4-inches thick. Vote: Unanimous. ITEMS FROM SHERIFF A. RECONSIDERATION OF WAGE POLICY FOR REGISTERED NURSE POSITION: MOVED by Kirkeby and seconded by Holbrook to give consideration for prior experience in determining the starting step salary in Grade 22 for the position of Registered Nurse Supervisor (Jail). SUBSTITUTE Motion: MOVED by Davis and seconded by Coffing to take this matter to Executive Session. Vote: Unanimous EXECUTIVE SESSION PER SDCL 1-25-2(3) (Personnel, Contractual)   MOVED by Kirkeby and seconded by Coffing to convene into Executive Session. Vote: Unanimous. The Board remained in Executive Session from 11:40 a.m. until 12:20 p.m. MOVED by Coffing and seconded by Holbrook to adjourn from Executive Session. 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 September 28, 2005. Total Balances of Checking Accounts, $15,421,306.15; Total Balance of Treasurer’s Office Safe Cash, $4,500.00; Total Certificates of Deposit, $9,225,106.14; Total SD Public FIT, $1.82; Total Petty Cash, $13,290.00; Total Cash Items/Net NSF Checks, $153.02; Total Long, $391.32; Total, $24,663,965.81. Submitted by Karen McGregor, Deputy Auditor. VOUCHERS Black Hills Fibercom, 109.23; Black Hills Power & Light, 620.85; Cardmember Service, 393.62; CBM Food Service, 12,422.06; Cellular One-Phoenix, 112.88; City of Rapid City-Water Dept, 1,215.84; Conocophillips, 1,692.39; First Administrators, 160,952.16; First Western Bank Cardmember Service, 334.79; Golden Companies-Wall, 763.08; Lund Assoc Inc, 3,861.60; Montana Dakota Utilities, 688.19; RCS Construction, 532,927.02; Secretary of State, 50.00; U.S. Bank NA, 64,523.75; Verizon Wireless, 56.13. ADJOURN There being no further business the meeting was adjourned at 12:20 p.m. on October 11, 2005. Julie A. Pearson, Auditor Publish: October 26, 2005 October 11, 2005 1