PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES November 13, 2007 A meeting of the Pennington County Board of Commissioners was held on Tuesday, November 13, 2007, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Jim Kjerstad called the meeting to order at 9:05 a.m. with the following Commissioners present: Gale Holbrook, Ethan Schmidt, Nancy Trautman and Brenda Young. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Young to approve the agenda with the following additions/changes: Add Karen Romey – Eastbrook Mobile Home Issue after Items From the Public; postpone Community Health Nurse issue until after Items From the Auditor. Vote: Unanimous. REVIEW MINUTES MOVED by Trautman and seconded by Young to approve the minutes of the November 6, 2007, Board of Commissioners' meeting. Vote: Unanimous. SALVATION ARMY REQUEST: MOVED by Schmidt and seconded by Trautman to table this item. Vote: Unanimous. ITEMS FROM THE AUDITOR A. MALT BEVERAGE & LIQUOR LICENSE TRANSFER: MOVED by Holbrook and seconded by Trautman to approve the following malt beverage license transfer: from Country Store at the Fork, Dalcam Oil Company Inc., to Country Store at the Fork, The Covington Consulting Group, Inc.; it was further moved to transfer the on-sale liquor retail license with Sunday sales the from Country Inn Bar & Casino, Dalcam Oil Company Inc., to Country Inn Bar & Casino, The Covington Consulting Group, Inc. Vote: Unanimous. B. CORRECTION OF RUSHMORE RANCH ROAD DISTRICT #3 LEGAL: MOVED by Young and seconded by Schmidt to remove the following legal description from inclusion in the Rushmore Ranch Road District #3 as it is already included in Rushmore Ranch Road District #1. Vote: Unanimous. Tract 14R of Rushmore Ranch Estates Subdivision and the NW1/4 less Rushmore Ranch Estates Subdivision and less ROW; NE1/4SW1/4 less Rushmore Ranch Estates Subdivision & less ROW of Section 17 T2S R7E, BHM, Pennington County ITEMS FROM SHERIFF A. APPLICATION FOR 11-6-19 REVIEW OF WORK RELEASE FACILITY: MOVED by Holbrook and seconded by Young to authorize the Chairperson’s signature on the 11-6-19 Application from the City of Rapid City Growth Management Department for the Work Release Facility located at 703 Adams Street. Vote: Unanimous. ITEMS FROM HIGHWAY A. MAINTENANCE & SNOW REMOVAL AGREEMENT – SCENIC TOWNSHIP #7: MOVED by Holbrook and seconded by Trautman to approve the Maintenance and Snow Removal Agreement with the Scenic Township Board of Supervisors and authorize the Chairperson’s signature thereon. Vote: Unanimous. B. SNOW REMOVAL AGREEMENT – EDELWEISS MOUNTAIN IMPROVEMENT ASSOCIATION: MOVED by Holbrook and seconded by Schmidt to approve the Snow Removal Agreement with Edelweiss Mountain Improvement Association and authorize the Chairperson’s signature thereon. Vote: Unanimous. C. STATE CONTRACT LIST – TIRES & TUBES PURCHASES: MOVED by Schmidt and seconded by Young to authorize the Highway Department to enter into a Joint Purchase Agreement to purchase tires and tubes from the following State Contract List vendors for the period from November 1, 2007 – October 31, 2008. Vote: Unanimous. The authorized vendors are listed below. Goodyear: Great Western Tire at 340 3rd Street, Rapid City; Great Western Tire Inc. at 1880 Dyess Street, Rapid City. Firestone – TMA – Family Thrift at 1508, East Saint Patrick St., Rapid City; TMA West at 1811 West Main Street, Rapid City; TMA Downtown at 329 Main Street, Rapid City; GCR Tire Center and Firestone Store at 425 Main Street, Rapid City; Midwest Tire & Muffler at 4700 N. I-90 Service Road, Rapid City. Michelin – Bosselman Inc., 2783 Deadwood Avenue, Rapid City, SD; Dale’s Tire & Retreading Inc., at 691 Deadwood Avenue and 3200 S. Hwy. 79, Rapid City. COMMUNITY HEALTH NURSE FUNDING (Con’t from 11/06/07): MOVED by Young and seconded by Holbrook to support the nursing services at Hill City and Wall through the South Dakota Community Health Service Program for 2008 for one-time funding in the amount of $20,000, subject to unspent 2007 budget funds and with payments to be vouchered on a quarterly basis. It was further moved that funds are to be used to keep nursing services available in Hill City and Wall. Additionally, the communities of Hill City and Wall who directly benefit from these services are strongly encouraged to consider any unspent 2007 budget funds to help with this one-time funding. Substitute motion: MOVED by Schmidt to substitute $28,840 for the $20,000 in the motion. The substitute motion died for a lack of a second. Vote on the original motion: Unanimous. ITEMS FROM THE CHAIR A. JOINT POWERS AGREEMENT – RESOLUTION #1: MOVED by Schmidt and seconded by Young to approve Resolution #1 and authorize the Chairperson’s signature thereon. Vote: Unanimous. RESOLUTION #1 JOINT POWERS AGREEMENT AMONG MEADE COUNTY, PENNINGTON COUNTY, THE CITY OF BOX ELDER, THE CITY OF RAPID CITY AND THE SOUTH DAKOTA BOARD OF WATER AND NATURAL RESOURCES SERVING COLLECTIVELY AS PROJECT SPONSOR FOR THE EAFB, BOX ELDER DRAINAGE, I-90 CORRIDOR, MULTIPLE JURISDICTIONAL, BULK SEWERAGE TREATMENT, FEASIBILITY PROJECT Resolution #1: of the Project Sponsor Committee as set out in the Joint Powers Agreement among the Parties, being Meade County, Pennington County, the City of Box Elder, the City of Rapid City and the South Dakota Board of Water and Natural Resources – serving as Project Sponsor for the EAFB, Box Elder Drainage, I-90 Corridor, Multiple Jurisdictional, Bulk Sewerage Treatment Feasibility Study Project, do upon unanimous acknowledgement by all Parties, individually agree and by signature to this resolution, direct the Project Sponsor to execute the attached draft agreements being: Phase 2 EAFB, Box Elder Drainage, I-90 Corridor, Multiple Jurisdictional Bulk Sewerage Treatment, Feasibility Study, Scope of Services agreement and Terms of Conditions with Woodard & Curran Inc. (“Engineer”), with an address of 41 Hutchins Drive, Portland, Maine 04102; dated October 29, 2007. Dated this 13th day of November, 2007. PENNINGTON COUNTY By: /s/James Kjerstad, Chairperson Board of Commissioners ITEMS FROM THE ADMINISTRATIVE ASSISTANT A. 2008 LEGISLATIVE SESSION HOTEL RESERVATIONS: MOVED by Trautman and seconded by Holbrook to reserve two rooms at the Pierre Ramkota Inn during the 2008 legislative session. Note - The contract will be submitted for Board approval at a later date. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Trautman 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. The Board recessed from 10:25 a.m. until 10:42 a.m. ITEMS FROM PLANNING & ZONING A. SECOND READING OF REZONE / RZ 07-13: Powderhorn, LLC; Jerry Dale – Agent. To rezone 22.16 acres from General Agriculture District to Limited Agriculture District to allow for the subdivision of two lots in accordance with Section 508 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Young to approve the second reading of Rezone 07-13. Vote: Unanimous. ORDINANCE NO. RZ 07-13 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: The SE1/4NE1/4 North of Highway 44 less Lot H2 and less Right-of-Way, Section 24, T1N, R8E, BHM, Pennington County, South Dakota. The above-described property is hereby rezoned from General Agriculture District to Limited Agriculture District. Dated this 13th day of November, 2007. PENNINGTON COUNTY COMMISSION /s/Jim Kjerstad, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor B. SECOND READING OF PLANNED UNIT DEVELOPMENT AMEND-MENT / PU 07-07: Canyon Springs Preserve; Dusten Schad – Agent. To amend an existing Planned Unit Development to allow for neighborhood commercial uses within the development in accordance with Section 213 of the Pennington County Zoning Ordinance. MOVED by Young and seconded by Trautman to approve the second reading of Planned Unit Development Amendment / PU 07-07 with 30 conditions. Vote: Unanimous. ORDINANCE NO. PUD 07-07 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: Common Area 8, Block 1; Common Area 1 (also in Section 22), Block 1; Lot 1, Block 2, and Common Area 6, Block 1, Canyon Springs Preserve Subdivision, Section 23, T2N, R6E, BHM, Pennington County, South Dakota. The Planning Commission recommended approval of Planned Unit Development Amendment 07-07 to include a condition for a Statement of Understanding with the following thirty (30) conditions: 1. That the Planned Unit Development consists of 87 residential lots, “Conservation Land” trails, clubhouse, 12 storage units with a maintenance building, specialty resort and recreational structures with a minimum lot size of 1/2 acre; 2. That each proposed lot have areas for a single-family residence and two (2) drainfields; 3. That the required setbacks for all structures be a minimum of 25 feet from the front and rear property lines and eight (8) feet from the side yard property lines, and a 58 foot setback from Section Lines or the Section Line Right-of-Ways be vacated; 4. That both access roads off of Nemo Road allow for two-way traffic, paved, meet Ordinance 14 Standards and meet AASHTO Standards for sight distance on Nemo Road; 5. That all wastewater disposal systems be designed by an Engineer and if a normal septic system cannot be located on the property due to inadequate soils, an alternative system will be required that must be reviewed and approved by the Department of Environment and Natural Resources; 6. That all septic tanks be pumped every three (3) years and be inspected at the time of being pumped; 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 all wastewater disposal systems be a minimum of 50 feet from all major topographic changes within the development; 10. That all roads be constructed to Local Road Standards which includes a minimum of a 24-foot paved surface with curb, gutter, sidewalks and parallel parking or the applicant obtains approval of a Subdivision Regulations Variance waiving these requirements; 11. That a Homeowner’s Association be created for the care and maintenance of the “Conservation Land;” 12. That a Road District be formed for the care and maintenance of all roads; 13. That Rapid City, Pennington County Drainage Engineer and Pennington County’s Fire Coordinator approve the central water system for the Planned Unit Development that will serve the water needs for the homes and for water protection; 14. That all single-family residences be stick-built homes; 15. That prior to issuance of the Building Permit for the clubhouse, the fire protection plan and water system be reviewed for fire hydrant location and capacity; 16. That prior to operation of the specialty resort, a site plan be submitted for review and approval showing the existing access dimensions, parking lot layout and wastewater disposal system; 17. That access on to Forest Service lands be limited for emergency access only and gated; 18. That the entire water system must be fully operational by the time the 15th Building Permit is obtained or when 25 people are residing in the subdivision; 19. That the uses for this Planned Unit Development shall be limited to the uses as defined in SDCL 34-18-1 for a Specialty Resort (any bed and breakfast establishment, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort), receptions, the storing, bottling, and shipping of wine, and a vineyard. All other uses will require an amendment to the PUD; 20. That a minimum of eight (8) parking spaces be provided for the specialty resort and a minimum of 20 parking spaces for the clubhouse; 21. That all parking areas be maintained in a dust free manner; 22. That each sleeping room within the specialty resort have a smoke/heat detector; 23. That a portable fire extinguisher with a minimum 2 ABC rating shall be placed on each floor level and shall be inspected and tagged annually within the specialty resort; 24. That each floor, where occupants are sleeping shall have two means of escape within the specialty resort and that all primary exits that lead to the exterior of the structure shall be unlocked, free from obstruction and clearly marked; 25. That all exterior lighting must be of low level intensity, which does not result in excessive glare upon surrounding neighbors; 26. That prior to the placement of any on-premise sign, the applicant must obtain a Sign Permit; 27. That prior to operation of the Specialty Resort, the applicant provides a copy of the inspection report of the kitchen facility from the South Dakota Department of Health; 28. That a plan be submitted to address the disposal of the swimming pool water; 29. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 30. That this Planned Unit Development be reviewed on a complaint basis. Dated this 13th day of November, 2007. PENNINGTON COUNTY COMMISSION /s/Jim Kjerstad, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor C. LAYOUT PLAT / PL 07-41: Vincent Geditz/Heartland Country Ranchettes; Britton Engineering – Agent. To reconfigure the existing lot lines to create Tract 66R, Tract 67R, and Tract 68R of Spring Creek Acres in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tracts 67, 68, and that part of Tract 66 located in Section 3, Spring Creek Acres, Section 3, T2S, R8E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 66R, Tract 67R, and Tract 68R, Spring Creek Acres, Section 3, T2S, R8E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to approve Layout Plat / PL 07-41 with the following five (5) conditions, pursuant to Planning Commission recommendation. Vote: Unanimous. 1. That prior to submittal of the Minor Plat, the signature line for the Auditor’s Office be revised; 2. That prior to submittal of the Minor Plat, the dimensions on the plat be revised; 3. That at the time the Minor Plat is submitted, soil profile information and percolation tests must be submitted for Tracts 68R and 66R or the applicant must obtain an approved Subdivision Regulations Variance waiving this requirement; 4. That the applicant either has the current plat scale of 1 inch = 200 feet changed to the maximum plat scale of 1 inch = 100 feet or the applicant obtains an approved Subdivision Regulations Variance waiving this requirement; and, 5. That at the time of submittal for the Minor Plat, the plat show two (2)-foot contour intervals for the proposed lot reconfiguration or the applicant obtains an approved Subdivision Regulations Variance waiving this requirement. D. FINAL PLAT / PL 07-42: Douglas Schaefer/Lloyd Eurich/Olin Floyd; Andersen Engineers – Agent. To create Lots 1 thru 5 of Schaefer Estates Subdivision, located in Section 21, T1S, R5E, BHM, in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot E, Murray Subdivision; Section 21, T1S, R5E, and on the following metes and bounds description: Commencing at the ECW 1/64 corner of Section 21, thence N00-18’11”E, 50.0’, thence N 89-19’42”E, 48.26’, thence S 00- 18’11”W, 50.00’, thence S 89-21’20”W, 49.16’ to the place of beginning, all containing 0.06 acres, more or less. Commencing at the ECW 1/64 corner of Section 21, thence S 89-21’20”W, 451.84’, thence N77-43’10” E, 258.90’, thence N 90-00’00” E, 200.0’, thence S 00-18’11”E, 50.0’ to the place of beginning, all containing 0.39 acres, more or less. PROPOSED LEGAL: Lots 1-5 of Schaefer Estates Subdivision, Section 21, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to continue Final Plat 07-42 to the December 4, 2007, pursuant to Planning Commission recommendation. Vote: Unanimous. E. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 07-09: Lori Vessels. To amend an existing Planned Unit Development to reduce the minimum required 18-foot front yard setback to 13 feet to allow for the relocation/placement of a shed in accordance with Sections 213 and 508 of the Pennington County Zoning Ordinance. Lot 16, Block 3, Windmere Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to approve the first reading of Planned Unit Development Amendment 07-09 with the following two (2) conditions pursuant to Planning Commission recommendation. Vote: Unanimous. 1. That this amendment to the Planned Unit Development only applies to the portion of the setback requirement that will be encroached upon by placement of the 12 foot by 20 foot shed along Haystack Lane. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure; and, 2. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Planning Director. F. LAYOUT PLAT / PL 07-43: RMS Lode, LLC; CETEC Engineering – Agent. To create Lot L of JR #2 and JR #5 Lodes, M.S. 1864 in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: A portion of JR #5 Lode less Lots A thru J and Lot K Revised less Lots H2 and H3 of JR #5 Lode less Lot H2 of JR #2, #3, and #5 Lode and less Right-of- Way, JR #5 Lode M.S. 1864; and a portion of JR #2 Lode less Lot I and Lot J of JR #2 and JR #5 Lode and less Lot H2 of JR #2, #3, and #5 Lode, JR #2 Lode M.S. 1864, all in Section 21, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot L of JR #2 and JR #5 Lodes, M.S. 1864, Section 21, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to approve Layout Plat 07-43 to include a Statement of Understanding with the following seven (7) conditions, pursuant to Planning Commission recommendation. Vote: Unanimous. 1. That road construction plans be submitted for the entrance road, or a Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to County Board approval of the Final Plat, the 40 foot access easement be a minimum of 66 feet of right-of-way with a 32-foot-wide paved driving surface or a Subdivision Regulations Variance be obtained waiving this requirement; 3. That prior to County Board approval of the Final Plat, the applicant submits percolation tests and soil profile information to be reviewed and approved by the Environmental Planner or obtain approval of a Subdivision Regulations Variance waiving this requirement; 4. That prior to County Board approval of the Final Plat, the portion of J.R. No. 2 Lode, M.S. 1864 that is to be platted into proposed Lot L be rezoned to Highway Service; 5. That all buildings maintain a 10 foot clearance from existing power lines; 6. That prior to County Board approval of the Final Plat, the owners and applicant signs the Statement of Understanding, which is available at the Planning Office; and, 7. That at no time, the existing or future drainfield be covered with pavement. VOUCHERS AT&T, 27.12; Black Hills Power & Light, 30,295.22; Cardmember Service, 157.87; CBM Food Services, 32,312.31; City of Rapid City - Water, 1,798.18; Conocophilips, 2,715.28; Correctional Billing Svc, 8.35; First Administrators, 221,414.24; FSH Communications, 60.00; Golden West Companies, 1,015.45; MCI, 7.07; Kieffer Sanitation/Waste, 2,084.25; Prairiewave Comm., 811.18; Reliance Telephone Inc., 4.36; State Remittance Center, 3,019.78; US Bank NA, 670,766.88; Verizon, 41.46; Walker Refuse, 83.61; Wendell, Joel, 900.00; ADJOURN There being no further business the meeting was adjourned at 11:00 a.m. Julie A. Pearson, Auditor Publish: November 28, 2007 November 13, 2007 1