PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES February 5, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, February 5, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Vice Chairperson Nancy Trautman called the meeting to order at 9:02 a.m. with the following Commissioners present: Gale Holbrook, Jim Kjerstad, Ethan Schmidt, with Brenda Young joining by teleconference per SDCL 1.25.1. All votes were taken by roll call. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Kjerstad to approve the agenda with the following changes/additions: Move the following items to the February 19, 2008, meeting: 6A, Receipt of Bids for the Jail Annex Completion Project; Item 13, 2007 Tax Deed Auction (Todd McPherson) Item 10A, Bob Brandt Land Exchange. Roll Call Vote: The motion carried with Holbrook, Kjerstad, Schmidt, Trautman and Young voting aye. REVIEW MINUTES MOVED by Young and seconded by Kjerstad to approve the minutes of the January 22, 2008, Board of Commissioners’ meeting as presented. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad, Young voting aye. ITEMS FROM SHERIFF A. FEDERAL EQUITABLE SHARING AGREEMENT: MOVED by Schmidt and seconded by Holbrook to authorize the Chairperson’s signature on the Annual Federal Equitable Sharing Agreement. Roll Call Vote: The motion carried with Young, Kjerstad, Holbrook, Schmidt and Trautman voting aye. ITEMS FROM EMERGENCY MANAGEMENT A. EMERGENCY MANAGEMENT CITIZEN CORPS GRANT APPLICATION: MOVED by Holbrook and seconded by Kjerstad to authorize the Chairperson’s signature on the South Dakota FY 2007 Citizen Corps Program Grant Application. Roll Call Vote: The motion carried with Young, Kjerstad, Kjerstad, Trautman and Schmidt voting aye. ITEMS FROM EQUALIZATION A. ABATEMENTS: MOVED by Holbrook and seconded by Schmidt to approve the abatements/refunds for tax year 2007 pursuant to the recommendation of the Director of Equalization: Marvin A. Matkins, $895.16; Mickee Rarick, $671.36. Roll Call Vote: The motion carried with Holbrook, Kjerstad, Young, Schmidt and Trautman voting aye. MOVED by Holbrook and seconded by Kjerstad to approve the abatements/refunds for tax year 2007 pursuant to the recommendation of the Director of Equalization: American West Communities, $475.18; Garry H. Denker, $1402.72; Shawn J. Dimond, $1127.04; DTH LLC, $712.78; DTH LLC, $907.48; Kids Kastle West, $896.44; DTH LLC, $302.94; Dale D. Whitcher, $343.12. Roll Call Vote: The motion carried with Young, Kjerstad, Holbrook, Trautman and Schmidt voting aye. ITEMS FROM FIRE A. PROGRESS REPORT FOR HAYWARD VFD FIRE HALL: MOVED by Schmidt and seconded by Kjerstad to open the meeting for a public progress hearing on the Hayward VFD CDBG. Roll Call Vote: The motion carried with Young, Kjerstad, Holbrook, Trautman and Schmidt voting aye. B. DISCLOSURE/UDATE FORM FOR HAYWARD VFD FIRE HALL: MOVED by Kjerstad and seconded by Schmidt to authorize the Chairperson’s signature on the Applicant/Recipient, Disclosure/Update Report for the Hayward Volunteer Fire Department CDBG Grant. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. ITEMS FROM HIGHWAY A. SD DOT BRO 8052(30) – BRIDGE #52-256-434: MOVED by Schmidt and seconded by Kjerstad to approve the SD Department of Transportation Letting Authorization for Bridge #52-256-434, located 1.4 miles East and 2.7 miles South of Hill City over Palmer Creek Road, located in the Peter Norbeck Preserve. Roll call vote: The motion carried with Kjerstad, Young, Holbrook, Schmidt and Trautman voting aye. LIEN RELEASE REQUEST – CJC A. MOVED by Schmidt and seconded by Kjerstad to deny the lien release for CJC (name withheld per SDCL 28-13-42). Substitute motion: MOVED by Holbrook to continue this item to the February 19, 2008, County Board meeting and have Ron Buskerud work with Buildings and Grounds regarding the possibility of CJC working off his debt. The substitute motion failed for lack of a second. Roll Call Vote: The motion carried with Schmidt, Trautman, Kjerstad and Young voting aye and Holbrook voting no. CREDIT COLLECTIONS BUREAU – 2007 LIEN REVIEW MOVED by Kjerstad and seconded by Holbrook to accept Credit Collections Bureau’s quarterly report for the period ending December 31, 2007. Roll Call Vote: The motion carried with Young, Kjerstad, Holbrook, Trautman and Schmidt voting aye. ITEMS FROM BUILDINGS & GROUNDS A. COURTHOUSE PRESERVATION PLAN GRANT APPLICATION – Mike Kuhl: MOVED by Holbrook and seconded by Trautman to authorize the Chairperson’s signature on two Courthouse preservation plan grant applications and further moved to authorize the Chairperson’s signature on the letter of endorsement which indicates that matching funds will be available from the special reserve fund. Roll Call Vote: The motion carried with Kjerstad, Holbrook, Trautman, and Schmidt voting aye. (Young was not available to vote on this motion) PETITION TO REMOVE OLD HILL CITY ROAD FROM SCENIC ROUTES PROPOSAL MOVED by Kjerstad and seconded by Holbrook to accept the petition from Karen Boland regarding the Old Hill City Road and the petition from Robert Hayes regarding opposition to the proposed scenic routes ordinance, and further moved that the petitions and information be provided to members of the Scenic Byways Committee. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. DOUG SPERLICH – H LOT AUTHORIZATION MOVED by Holbrook and seconded by Schmidt to continue H Lot Authorization to the March 4, 2008, County Board meeting pursuant to the request of Doug Sperlich. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. ITEMS FROM ADMINISTRATIVE ASSISTANT A. 2008 EMPLOYEE ASSISTANCE PROGRAM CONTRACT: MOVED by Young and seconded by Holbrook to approve the 2008 EAP contract with Behavior Management Systems and authorize the Chairperson’s signature thereon. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 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. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. The board recessed at 10:42 a.m. and reconvened at 10:50 a.m. ITEMS FROM PLANNING & ZONING MOVED by Kjerstad and seconded by Holbrook to convene as the Board of Adjustment. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. A. VARIANCE / VA 08-02: Frank Krohmer. To reduce the minimum required 25-foot side yard setback to 8 feet in a General Agriculture District to bring the existing single-family residence into compliance in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. Margaret Lode M.S., Section 23, T2N, R3E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Holbrook to approve Variance #08-02 to reduce the minimum required side yard setback from 25 feet to eight (8) feet for the existing single-family residence with the following three (3) conditions pursuant to Planning staff’s recommendation. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 1. That any proposed structures must not encroach into these approved setback reductions than the existing structures already located on the property and along that corresponding property line; 2. That addresses be posted at the driveway that is visible on South Rochford Road and at the entrance to the property; 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. MOVED by Schmidt and seconded by Holbrook to adjourn as a Board of Adjustment and reconvene as the Board of Commissioners. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. B. ROAD CONSTRUCTION WITHIN A SECTION LINE RIGHT-OF-WAY / CS 07-01 (Con’t from 01/22/08): 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 Kjerstad and seconded by Holbrook to approve the Road Construction within a Section Line Right-of-Way / CS 07-01 with the following nine (9) conditions pursuant to staff recommendation. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 1. That the road be constructed in accordance with the approved Construction Plans and the Pennington County Ordinance 14 Standards which includes 66 feet of right-of- way with 24 feet of driving surface and 4 inches of gravel; 2. That prior to County Board approval of the Construction Permit, the applicant must provide written documentation to the Planning Office, from the adjacent landowners to allow the grading limits to extend beyond the 66 foot Section Line Right of Way on both sides of the proposed road; 3. That any fence material removed during the construction of the road be relocated by the applicant; 4. That erosion control measures be implemented to prevent silt from leaving the applicant’s property and erosion control measures be maintained on the area of the proposed roadway construction; 5. That any natural drainage ways and paths be continually maintained and culverts added as necessary, in accordance with Pennington County Ordinance #14; 6. That the applicant pays for any regulatory, warning, and information road signs as determined by the Pennington County Highway Department; 7. If the area to be disturbed by the proposed construction of the road is 1-acre or larger, the applicant will be required to obtain a Storm Water Construction Permit from the South Dakota Department of Environment and Natural Resources (DENR); 8. That the applicant understands that approval of this road construction within a Section Line Right-of-Way does not constitute approval of any future application to be submitted on the above-described properties; and, 9. That any monuments establishing property boundaries be replaced as necessary. C. VACATION / RELOCATION OF UTILITY EASEMENT AND RIGHT-OF-WAY / VE 08-01: Amanda Stednitz/Michael and Leanne Weideman. To relocate a portion of an existing Right-of-Way and utility easement to bring an existing single-family residence into compliance with the Zoning Ordinance. Tract A (also in Section 10) and Tract B, Kingston Lode M.S., Section 11, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to approve the request to vacate and relocate a Right-of-Way and Utility Easement/#08-01 with the following condition pursuant to Planning staff’s recommendation, and further moved to authorize the Chairperson’s signature on related documents. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 1. That all necessary resolutions and exhibits relocating the Utility Easement and Right-of-Way be recorded by the applicant at the Register of Deeds’ Office. D. LAYOUT PLAT / PL 08-04: Claudia Mask. To create Lots 1 and 2 of Mask Subdivision, Section 19, T1S, R5E, in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL DESCRIPTION: Tract B of Lot 1 NW1/4NW1/4, Section 19, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL DESCRIPTION: Lots 1 and 2, Mask Subdivision, Section 19, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to approve Layout Plat / PL 08-04 and the addition of a Statement of Understating with the following twenty (20) conditions pursuant to Planning staff’s recommendation. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 1. That the Preliminary Plat and Final Plat show the boundaries of the 100-year floodplain; 2. That a Floodplain Development Permit be submitted for any work that is to be done within the boundaries of the 100-year Floodplain and the Preliminary Plat and Final Plat include a notation to read: “Prior to any work being done within the limits of the 100-year floodplain, an approved Floodplain Development Permit must be obtained;” 3. That prior to filing of the plat with the Register of Deeds, the property either be rezoned to Low Density Residential District or else the applicant obtain Lot Size Variances to reduce the minimum lot size requirement in a General Agriculture District; 4. 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; 5. That 66 feet of public right-of-way be dedicated for Marshall Gulch Road, 33 feet on each side of the centerline, on the Preliminary and Final Plats; 6. That prior to County Board approval of the Preliminary Plat, the applicant will need to provide road construction plans or obtain an approved Subdivision Regulations Variance waiving this requirement; 7. That prior to County Board approval of the Final Plat, Marshall Gulch Road will need to be improved to Local Road Standards, post a surety for the road improvements, or else obtain an approved Subdivision Regulations Variance waiving this requirement; 8. That if the driveway or a portion of the driveway providing access to the adjoining property to the north is determined to be located on the applicant’s property, an access easement be shown on the Preliminary Plat and Final Plat or else the applicant work with the adjoining property owners to alternately resolve the situation; 9. That prior to County Board approval of the Preliminary Plat, the applicant must provide a second means of ingress/egress or obtains a Subdivision Regulations Variance waiving this requirement; 10. That prior to County Board approval of the Final Plat, the applicant will need to improve the Section Line to County Standards or obtain an approved Subdivision Regulations Variance waiving this requirement; 11. That the applicant allow the Pennington County Highway Department to adjust the existing fence line adjoining the road as necessary; 12. That prior to County Board approval of the Preliminary Plat, the applicant provides percolation test results and soil profile information to the Pennington County Environmental Planner for review and approval or obtain an approved Subdivision Regulations Variance waiving this requirement; 13. That approved On-Site Wastewater Construction Permits will need to be obtained prior to any wastewater system being installed or the issuance of any Building Permits on either of the proposed lots; 14. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one (1) inch equals one hundred (100) feet, and topographic information be provided of the subject property at two (2) foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; 15. That the applicant ensures all improvements to stay within the private property boundaries; 16. That Black Hills Electric Cooperative’s rights to operate and maintain the overhead line are not diminished or adversely affected in any way by the proposed subdivision; 17. That all addresses be posted in accordance with Ordinance 20; 18. That the former legal description on the Preliminary Plat and Final Plat read: “Tract B of Government Lot 1 of Section 19, T1S, R5E, BHM, Pennington County, South Dakota;” 19. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property; and, 20. That the applicant signs a Statement of Understanding for these conditions of approval, which is available at the Planning Office. E. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-02 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-01: Merlin Stromer; Davis Engineering – Agent. To rezone 20 acres from General Agriculture District to Light Industrial District and to amend the Comprehensive Plan to change the Future Land Use to Light Industrial District in accordance with Section 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds description: Beginning at the POINT OF BEGINNING which is a Brass Cap at the South 1/4 corner of Section 20, T1N, R9E, BHM; thence S 65°23’32” W a distance of 1,078.79 feet to the TRUE POINT OF BEGINNING; Thence N 64°45’09” W a distance of 679.02 feet; Thence N 00°02’11” E a distance of 1,418.12 feet; Thence S 64°45’09” E a distance of 679.02 feet; Thence S 00°02’11” W a distance of 1,418.12 feet; to the TRUE POINT OF BEGINNING; containing 20.00 acres “more or less”. MOVED by Holbrook and seconded by Kjerstad to deny without prejudice Rezone 08-02 and Comprehensive Plan Amendment 08-01 pursuant to Planning Commission recommendation. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. F. SUBDIVISION REGULATIONS VARIANCE / SV 08-01: Louis Torres; Marvin Bishop – Agent. To waive percolation tests, engineered road plans, two-foot contours, Section Line improvements, and road approach angle in accordance with Section 500 of the Pennington County Subdivision Regulations. EXISTING LEGAL DESCRIPTION: Lot 2 less Lot H-1 of Battle Creek Mountain Estates Subdivision, Section 17, T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL DESCRIPTION: Lot 2A, 2B, 2C, and 2D of Lot 2, Battle Creek Mountain Estates Subdivision, Section 17, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Young to approve waiving certain requirements of Subdivision Regulations Variance 08-01 with four (4) conditions to include that prior to submittal of the engineered as-built drawings, a grade line is submitted for review pursuant to Planning Commission recommendation. The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. 1. To waive soil profile and percolation tests for proposed Lot 2D only; 2. To waive the road approach angle from Highway 40. However, the applicant must provide written documentation from the South Dakota Department of Transportation approving the Alternative “B” diagram as submitted prior to submittal of the Preliminary Plat; and that prior to submittal of the as-built drawings, the grade line is submitted for review; 3. To waive two-foot contour intervals; however, the applicant must still submit 10- foot contours; and, 4. To waive Section Line Highway improvements. MOVED by Kjerstad and seconded by Young to also deny Subdivision Regulations Variance 08-01 to waive engineered road plans. If the road is constructed to Minor Local Road Standards prior to submittal of the Preliminary Plat, engineered as-built road plans will be acceptable. If the road is not constructed to Minor Local Road Standards prior to submittal of the Preliminary Plat, engineered road plans must be submitted. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. G. FUTURE LAND USE STUDY - HIGHWAY 79 CORRIDOR RESOLUTION: MOVED by Schmidt and seconded by Young to approve the following resolution and authorize the Chairperson’s signature thereon. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. RESOLUTION AUTHORIZING USE OF THE BLACK HILLS DEVELOPMENT SUITABILITY RISK MODEL AS A GUIDELINE FOR LAND USE DEVELOPMENT ALONG THE SOUTH HIGHWAY 79 CORRIDOR WHEREAS, the Black Hills region has experienced significant development in recent years which is predicted to continue into the near future and with increased development comes the possibility of detrimental impacts to our resources and risks associated with geologic/environmental hazards; and WHEREAS, a proactive approach to development planning can help safeguard our resources and development infrastructure well into the future; and WHEREAS, Pennington County Planning Officials recognize the need for up-to-date information to help guide development-planning decisions regarding specific concerns related to the suitability of development in certain areas taking into consideration slopes stability, response to soils, and the potential impacts to ground water and surface water resources; and WHEREAS, a pilot project funded by the Pennington County Commission and the South Dakota Department of Environment and Natural Resources in cooperation with the South Dakota School of Mines & Technology resulted in the preparation of the Black Hills Development Suitability Risk Model which is specifically designed to address planning officials concern for new and ongoing development along the South Highway 79 corridor which includes among other areas, approximately two miles on either side of South Dakota Highway 79 from the Pennington County/Custer County line north to include Hart Ranch Resort and the Ranch at Black Gap Subdivision; and WHEREAS, the Black Hills Development Suitability Risk Model provides guidelines to help planners evaluate development concerns and provide planning officials with the necessary information to make informed decisions with regard to low, moderate, and high risk development along the South Highway 79 corridor; and WHEREAS, the Black Hills Development Suitability Risk Model will be used as a reference tool for planning staff and county officials to evaluate development plans and to require additional information such as: 1. Geo-technical reports for construction of roads located in high risk areas and those areas considered sensitive for: aquifer vulnerability, flood potential, road sub-grade, road grade slope, slope stability, and soil shrink/swell; 2. Engineered septic systems in areas considered sensitive as far as aquifer vulnerability, cobble fraction, depth to bedrock, flood potential, permeability, septic drain-filled slope and shrink swell; 3. Engineered construction plans for building foundations in those areas considered sensitive in regard to: aquifer vulnerability, flood potential, road sub-grade, road grade slope, slope stability, and soil shrink/swell. NOW, THEREFORE, BE IT RESOLVED, by the Pennington County Board of Commissioners that the Black Hills Development Suitability Risk Model shall be consulted and utilized by the Pennington County Planning Department, Pennington County Planning Commission, and the Pennington County Board of Commissioners as a guideline for assessing the risk of development along the South Highway 79 corridor as described in the Model. Duly passed and adopted at a regular meeting of the Pennington County Commission on the 5th of February, 2008. PENNINGTON COUNTY COMMISSION: ATTEST: /s/Nancy Trautman /s/Karen McGregor Vice Chairman Pennington County Auditor/Deputy PERSONNEL Sheriff’s Office: Charlene Rearick, $4691. VOUCHERS Alltel, 1,002.59; Black Hills Power & Light, 5,314.85; Cardmember Service, 101.98; CBM Food Services, 48,194.03; City of Rapid City - Water, 10,397.82; City of Hill City, 42.70; Conocophilips, 2,337.10; First Administrators, 141,872.78; FCE Benefit/Cobra Dept, 1,828.74; Golden West Companies, 763.08; G4S Justice Services Inc., 1,177.89; Montana Dakota Utilities, 19,903.45; Mt. Rushmore Telephone Co., 58.00; Pioneer Bank & Trust, 1,429.35; Prairiewave Comm., 3,912.75; QWEST, 151.19; Verizon, 432.81. ADJOURN MOVED by Kjerstad and seconded by Holbrook that the meeting be adjourned. Roll Call Vote: The motion carried with Schmidt, Trautman, Holbrook, Kjerstad and Young voting aye. There being no further business the meeting was adjourned at 11:32 a.m. Julie A. Pearson, Auditor Publish: February 20, 2008 February 5, 2008 1