PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES December 4, 2007 A meeting of the Pennington County Board of Commissioners was held on Tuesday, December 4, 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 Trautman to approve the agenda with the following additions: ITEMS FROM AUDITOR: C. Surplus Property Request (Trade-in); D. Tax Deed Sale Discussion; EXECUTIVE SESSION: change Contractual to Personnel. Vote: Unanimous. REVIEW MINUTES MOVED by Trautman and seconded by Holbrook to approve the minutes of the November 27, 2007, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM PUBLIC PROPERTY OWNED BY MARILYN WELCH: MOVED by Holbrook and seconded by Kjerstad to waive the late charges and fees totaling 800.00 and proceed with the application for the new conditional use permit at a cost of $370. Vote: Unanimous. ITEMS FROM THE AUDITOR A. CREDIT CARD POLICY: MOVED by Young and seconded by Trautman to adopt the Pennington County Credit Card Policy. Vote: Unanimous. PENNINGTON COUNTY CREDIT CARD POLICY The Pennington County Board of Commissioners authorizes all Department Heads and Elected Officials to obtain credit cards in the name of Pennington County for their department. The County will not pay any annual, monthly, recurring or lost card fees for any credit cards obtained. Each department shall have rules and regulations for the use of said credit cards such as dollar limits, what can be charged and who, in the department, is authorized to use said cards. It is the Board’s direction that credit cards be used only when direct payment by a voucher is not acceptable. The Board recognizes that charges on a credit card, in some instances will result in a pre- payment status and therefore authorizes such practice with payment coming during normal billing cycle. Vouchers for credit card payments shall be submitted with the weekly voucher run. These shall be submitted so as not to incur any finance charges or late fees. Any late fees or finance charges must be paid directly to the credit card company by the Department Head/Elected Official. Receipts for each charge incurred shall be attached to the statement being paid. If a receipt is missing it shall be the responsibility of the Department Head/Elected Official to pay the amount of the missing receipt. If a Department Head/Elected Official has to make payment for late fees, finance charges or charges for lost receipts the payment must be made payable to the credit card company. This payment should be turned in with the voucher and a copy of the payment must be attached to the voucher. This payment and the County check will be sent together with the remittance. B. ALCOHOLIC BEVERAGE LICENSE RENEWALS: MOVED by Holbrook and seconded by Young to approve the renewal of Liquor Retail (On Sale) with Sunday Sales: Atlantis, Atlantis LLC; Country Inn Bar & Casino, The Covington Consulting Group, Inc; The Fireside, DenKim, Inc; The Gaslight, Big Guys, LLC; Hole in the Wall, Patrick Hall; Holy Smoke Resort, Danielle Banks; Horse Creek Inn Restaurant, Carrie C. & Wm. C. Beaudette; Mangy Moose, Tana Nichols; Mount Rushmore National & Memorial, Xanterra Parks & Resorts Inc; Ponderosa Restaurant & Lounge, Melrose Enterprises Inc; Powder House Restaurant, Big Guys LLC/Powder House Restaurant; Rimrock Tavern, Harley R. Scovel; Sally O’Malleys Pub & Casino, KJL Inc; Sharaf Properties, LLC, Sharaf Properties; Shipwrecked Lee’s Saloon & Casino, Havorka - Rose; Liquor Package (Off-Sale): Johnson Siding General Store, Patrick S. Shannon; Lee’s Place, David Keester; Wine Retail On Sale: Kickstand Corner, Kickstand Corner Inc; Old Governors Mansion, Leon Brodie; Prairie Berry Winery, Prairie Berry LLC; The Stone Poney, Charles E. Brackett; Wine Dealer-Farm Winery (Off Sale Package): Prairie Berry Winery, Prairie Berry LLC. Vote: Unanimous. C. SURPLUS PROPERTY REQUEST (TRADE-IN): MOVED by Schmidt and seconded by Trautman to declare the current copier surplus and allow it as a trade-in towards replacement equipment. Vote: Unanimous. D. TAX DEED SALE DISCUSSION: MOVED by Holbrook and seconded by Young to waive the minimum bid of $3000 for tax deed #07-100. Vote: Unanimous. MOVED by Holbrook and seconded by Schmidt to waive the minimum bid of $2000 for tax deed #07-106 and $5000 minimum bid for tax deed #07-107. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to reduce the minimum bid of $53,000 to $45,000 concerning the County property on North 7th Street, property ID # 27030, and approve $750 in advertising dollars to promote the sale. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT A. 2008 LOBBYIST AUTHORIZATION: MOVED by Schmidt and seconded by Holbrook to authorize the chair’s signature to the 2008 Lobbyist Authorization for Ron Buskerud and to pay the $35.00 associated fee to the Secretary of State. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Young and seconded by Schmidt 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 from 10:25 to 10:30 a.m. ITEMS FROM PLANNING & ZONING A. ROAD CONSTRUCTION WITHIN A SECTION LINE RIGHT-OF-WAY / CS 07-01: Richard Jones. To construct a road within a Section Line Right-of-Way located between Sections 24 and 25, T2N, R10E, in Limited Agriculture/General Agriculture Districts in accordance with Section 500.5 of the Pennington County Subdivision Regulations. Lot A of less Right-of-Way, Bill’s Subdivision, Section, 24, T2N, R10E; SW1/4 less Lot A in Bill’s Addition and less Right-of-Way, Section 24, T2N, R10E; Lot 5 (also in Section 26), Tightline Lake Estates, Section 25, T2N, R10E; NW1/4 less Tightline Lake Estates and less Right-of-Way, Section 25, T2N, R10E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Young to continue this item to the December 11, 2007 Board of Commissioners' meeting. Vote: Unanimous. B. PLANNED UNIT DEVELOPMENT REVIEW / PU 05-15: Lakota Lake Camp, LLC; Jim Farmer - Agent. To review an existing Planned Unit Development to allow a graveled road in lieu of the required paved road for Painted Pony in accordance with Section 213 of the Pennington County Zoning Ordinance. Lakota Tract Revised, Ponderosa Tract, Campfire Tract, Granite Perch Tract, Shadow Rock Tract, Valley View Tract Revised, Big Granite Tract and Mountain View Tract Revised, all of Lakota Lake Encampment Subdivision, Section 21, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Young and seconded by Trautman to accept Planning Commission recommendation to approve the extension of Planned Unit Development / PU 05-15 with the following fifteen (15) conditions: 1. That the Planned Unit Development consists of seven (7) residential lots and one (1) lot platted as common area with a minimum lot size of one (1) acre; 2. That the common area be utilized for drainfields, hiking trails, picnic areas, and other similar uses determined to be acceptable by the Pennington County Planning Director; 3. 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; 4. 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; 5. That the required minimum setbacks for all structures be a minimum of 25-feet from all property lines; 6. That all roads within the Planned Unit Development be named and the road names be approved by the Pennington County Emergency Service Communication Center, and that each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 7. That Painted Pony be an 18-foot-wide paved road with a turnaround to be constructed at the end of the road to include an easement to be approved by the Pennington County Fire Coordinator; 8. That a Road District be formed to maintain the roads; 9. That each lot have an easement for a drainfield and a reserve drainfield shown on the plat, or that each lot utilize a community drainfield and reserve community drainfield, approved by the Department of Environment and Natural Resources, shown by an easement, or obtain a Subdivision Regulation Variance waiving these requirements; 10. 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 18-feet, be surfaced with gravel, concrete, or asphalt and maintained in such a manner that no dust will result from continuous use; 11. That if a community water system is installed it will be designed by a Professional Engineer, and must be reviewed and approved by the Pennington County Drainage Engineer and Fire Coordinator; 12. That the applicants pay for all street signs and regulatory signs, and that the material and posting of these signs be approved by the Pennington County Highway Department; 13. That all residential lots within this Planned Unit Development be allowed the same uses permitted in a Suburban Residential Zoning District, shown in Section 208 of the Pennington County Zoning Ordinance, and that they be allowed to rent single-family residences as vacation homes; 14. That no off-premise advertising signs be allowed within the Planned Unit Development; and, 15. That this Planned Unit Development be reviewed in one (1) year or on a complaint basis to ensure that the conditions of approval are being met. Vote: Unanimous. C. FINAL PLAT / PL 07-45: Stephen and Kristi Hilton; Renner & Associates – Agent. To combine two lots to create Tract A Revised of Palmer Subdivision in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tract A, Palmer Subdivision and SW1/4NW1/4 of Section 14, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract A Revised, Palmer Subdivision, Section 14, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve PL 07-45 with the following three (3) conditions: 1. That prior to filing of the Final Plat at the Register of Deeds, the applicant gravel the second, more northern approach off of Potter Rd. in accordance with Ordinance 14 Standards; 2. That the County does not accept any future liability for the fence line, fence posts or any other structures existing within the newly dedicated public right-of-way at the time of approval of this Final Plat; and, 3. 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 Pennington County Planning Director. SUBSTITUTE MOTION: MOVED by Schmidt and seconded by Holbrook to continue this to the December 11, 2007 Board of Commissioners' meeting. Vote: Unanimous. D. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-08: Stephen and Kristi Hilton; Renner & Associates – Agent. To rezone approximately 36.80 acres from Limited Agriculture District to General Agriculture District in accordance with Section 508 of the Pennington County Zoning Ordinance. Tract A, Palmer Subdivision, Section 14, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to continue this item to the December 11, 2007 Board of Commissioners' meeting. Vote: Unanimous. E. MINOR PLAT / PL 07-44 AND SUBDIVISION REGULATIONS VARIANCE / SV 07-13: Deerfield Park Homeowner’s Association; Erv Nesheim – Agent. To create Common Lot AR of Deerfield Park Subdivision, Sections 1 and 2, T1S, R3E, BHM, and to waive road construction plans, road construction, Section Line Highway improvements, percolations tests and soil profile information all in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Common Lots A, B, and C, Deerfield Park Subdivision, Sections 1 and 2, T1S, R3E; That part of the Balance of Deerfield Park Parcel #2 located in the NE1/4SE1/4 of Section 2; The Balance of Deerfield Park Parcel #2 located in the SE1/4NE1/4 of Section 2 (lying within GL 6) and located in the SW1/4NW1/4 of Section 1 less that part in Slate Creek Placer MS #1212, and located in the NE1/4NE1/4 of Section 11; Section 2, T1S, R3E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Common Lot AR of Deerfield Park Subdivision, Sections 1 and 2, T1S, R3E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to accept Planning Commission recommendation to approve SV 07-13 to waive road construction plans, road construction, Section Line Highway improvements, percolations tests and soil profile information and approval of Minor Plat / PL 07-44 with the following nine (9) conditions: 1. That prior to County Board approval of the Minor Plat, the access easements located in Common Lot A and B be improved to Minor Local Road Standards or obtain a Subdivision Regulations Variance waiving road construction requirements; 2. That prior to filing the Plat with Register of Deeds, Common Lot B be rezoned to General Agriculture District; 3. That prior to County Board approval of the Minor Plat, the Section Line Highway be vacated or improved to Ordinance 14 Standards or a Subdivision Regulations Variance be obtained waiving this requirement; 4. That the boundaries of the 100- year floodplain be clearly defined on the plat; 5. That a note is placed on the plat indicating the following: “Prior to any work be conducted within the limits of the 100-year floodplain, a Floodplain Development Permit must be obtained;” 6. That prior to County Board approval of the Minor Plat, the applicant must submit percolation test results and soil profile information or obtains approval of a Subdivision Regulations Variance waiving this requirement; 7. That the plat heading be corrected as follows:..(formerly Common Lot A, Common Lot B, and Common Lot C of Deerfield Park Subdivision and a portion of Deerfield Park Parcel No.2…); 8. That the Floodplain Statement must be amended to include the date of the Flood Insurance maps as indicated in Section 400.3-m-8 of the Pennington County Subdivision Regulations; and, 9. That the “Water Protection Statement” be located on the plat as indicated in Section 400.3-m-9 of the Pennington Subdivision Regulations. Vote: Unanimous. F. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-14: Deerfield Park Homeowner’s Association; Erv Nesheim – Agent. To rezone 2.22 acres from Low Density Residential District to General Agriculture District to allow for replatting to combine this lot with four other lots within Deerfield Park Subdivision in accordance with Section 508 of the Pennington County Zoning Ordinance. Common Lot B, Deerfield Park Subdivision, Section 2, T1S, R3E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to accept Planning Commission recommendation to approve RZ 07-14 to rezone the property from Low Density Residential District to General Agriculture District. Vote: Unanimous. G. FINAL PLAT / PL 07-42: Douglas Schaefer/Lloyd Eurich/Olin Floyd. 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 Schmidt and seconded by Young to continue this item to the December 18, 2007, Board of Commissioners’ meeting. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-18 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-13: Gene and Phyllis Noteboom and Larry and Wanda Wiechmann. To rezone 5.74 acres from Low Density Residential District to Suburban Residential District and to amend the Comprehensive Plan to change the Future Land Use to Suburban Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lot B of Lot 1 and the E 115 feet of Lot 2 of NE1/4NE1/4, Section 31, T1N, R7E; Lot A of Lot 1 of NW1/4NW1/4 and Lot B of Lot 1 of NW1/4NW1/4, all in Johnson, U V Subdivision, Section 32, T1N, R7E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept Planning Commission recommendation to approve RZ 07-18 to rezone from Low Density Residential District to Suburban Residential District and approval of Comprehensive Plan Amendment 07-13 to change the Future Land Use to Suburban Residential District. Vote: Unanimous. I. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-16 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-11: Black Hills Transload, LLC; Boschee Engineering – Agent. To rezone 114.65 acres from General Agriculture District to Light Industrial District to allow for a Railroad Transfer Station and to amend the Comprehensive Plan to change the Future Land Use to Light Industrial District in accordance with Sections 205 and 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds descriptions: A parcel of land located in the NE¼ of Section 27, and the NW¼ of Section 26, T2N, R9E, BHM, Pennington County, South Dakota being more particularly described as follows: BEGINNING at the found Section corner of the NE corner of Section 27; thence S00°09’36”W along NE Section Line of Section 27, 49.82 feet to the TRUE POINT OF BEGINNING; thence S89°54’16”E 1,114.37 feet; thence S00°01’48”E 657.33 feet; thence S89°59’18”W 3751.76 feet; thence N00°05’35”W 663.12 feet; thence S89°55’52”E 2638.13 feet; to the Point of Beginning; containing 56.89 acres more or less and on a parcel of land located the NW¼ of Section 26, T2N, R9E, BHM, Pennington County, South Dakota being more particularly described as follows: BEGINNING at the found Section corner of the NW corner of Section 26; thence S87°20’41”E 1,115.60 feet along an imaginary line to the TRUE POINT OF BEGINNING; thence S89°54’11”E 2,311.05 feet; thence S00°10’40”W 945.17 feet; thence N89°54’39”W 1,246.41 feet; thence S65°25’09”W 910.93 feet; thence S00°12’07”W 393.15 feet; thence N81°14’15”W 233.79 feet; thence N00°01’48”W 1683.60 feet; to the Point of Beginning; containing 57.76 acres more or less, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Young to accept applicant’s request to return to the December 10, 2007 Planning Commission meeting to review applicant’s initial request to rezone to light industrial. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-17 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-12: Brett and Stephannea Stenson; RMS Lode, LLC. To rezone 0.48 acre from Limited Agriculture District to Highway Service District to allow for replatting and to amend the Comprehensive Plan to change the Future Land Use to Highway Service District in accordance with Section 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds descriptions: A tract of land located in the S½NE¼ of Section 21, T1S, R5E, BHM, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East Quarter corner of said Section 21, said point being monumented with an iron pipe and brass cap; Thence N64°28’08”W 1311.67’ to the True Point of Beginning, said point is on the line common to the JR#2 and JR#5 lodes, M.S. 1864; Thence N59°11’21”W 46.20 feet to a point; Thence N20°44’57”W 202.67 feet to a point; Thence N02°15’33”W 74.18 feet to a point; Thence S82°10’36”E 104.59 feet to the southwesterly corner of Lot K revised of the JR#5 lode M.S. 1864, said point being monumented with an iron rod and plastic cap stamped “VREM 6577”; Thence S02°15’41”E along the easterly line of the JR#2 lode 273.28 feet to the True Point of Beginning, from which the corner #4&5 of the JR#5 lode bears S02°15’41”E 719.25, said point being monumented with an iron rod and aluminum cap stamped “VREM 6577”. Above described parcel contains 20,800 square feet or 0.48 acres more or less. Basis of Bearing is S82°07’54”E for the South line of said Lot K Revised, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve RZ 07-17 to rezone the property from Limited Agriculture District to Highway Service District and approval of Comprehensive Plan Amendment 07-12 to change the Future Land Use Plan to Highway Service District. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2 PERSONNEL MOVED by Trautman and seconded by Schmidt to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 11:00 a.m. until 12:15 p.m. MOVED by Schmidt and seconded by Trautman to adjourn from Executive Session. Vote: Unanimous. PERSONNEL Emergency Services Communications Center: Effective December 1, 2007 – T. McMahon, $2799. VOUCHERS Active Data Systems Inc, 795.75; Alltel, 449.82; Black Hills Power & Light, 380.69; Cardmember Service, 868.50; City of Hill City-Water & Sewer, 28.85; City of Rapid City - Water, 1,045.96; First Administrators, 142,467.06; First Western Bank Cardmember Service, 42.70; IIARC, 111,789.00; Montana Dakota Utilities, 1,795.07; Mt Rushmore Telephone Co, 58.00; Pioneer Bank & Trust, 2,349.32; PrairieWave Comm., 1,898.75; Qwest, 151.58; Verizon, 187.59; Walmart Community, 60.83; West River Electric, 552.52. ADJOURN There being no further business the meeting was adjourned at 12:15 p.m. Julie A. Pearson, Auditor Publish: December 19, 2007 December 4, 2007 1