PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES April 1, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, April 1, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Brenda Young called the meeting to order at 9:00 a.m. with the following Commissioners present: Gale Holbrook, Jim Kjerstad, Ethan Schmidt and Nancy Trautman. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Schmidt to approve the agenda with the following changes: Remove Cost of Community Services and move Rochford Road Closure up under Review of Minutes. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Kjerstad to approve the minutes of the March 18, 2008, Board of Commissioners' meetings. Vote: Unanimous. ROCHFORD ROAD CLOSURE – JERRY DUNN: MOVED by Holbrook and seconded by Schmidt to approve the requested road closure and traffic control on Rochford Road on June 8, 2008. Vote: Unanimous. ITEMS FROM AUDITOR A. ALCOHOLIC BEVERAGE LICENSE MORATORIUM RESOLUTION (Con’t from 3/4/08): MOVED by Holbrook and seconded by Kjerstad to amend the Liquor License Ordinance to allow an auction option for the licensing process. Vote: Unanimous. B. ABATEMENTS: MOVED by Trautman and seconded by Schmidt to approve the following abatement/refund: Riley, Wayne, 2007, $1,340.58. Vote: Unanimous. MOVED by Schmidt and seconded by Holbrook to deny the following abatement/refund: Lowe, Paul H, 2007, $1,137.28. Vote: Unanimous. WAGE SCALE DISCUSSION MOVED by Schmidt and seconded by Trautman to reconsider the county’s wage scale for fairness and reasonableness and consider the city’s recent wage study results. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. SD DEPARTMENT OF HEALTH GRANT: MOVED by Schmidt and seconded by Trautman to authorize the chair’s signature to the grant award form. Vote: Unanimous. B. TRANSFER OF EQUIPMENT: MOVED by Schmidt and seconded by Trautman to approve the transfer of equipment purchased under the Homeland Security Regional Grant Program with a total cost of $410,826.42, from Pennington County to the following agencies: Haakon County, Generator, 2 Radio Repeaters; Haakon County First Responder Agencies, 16 Radio Microphones & Batteries; Haakon County Schools, Pagers; Shannon County Hwy Dept, Security System; Hot Springs Amateur Radio; Radio Tower; Cascade Fire Dept, Pagers; Fall River County Fire Depts, Radios; Rapid City School District; New Underwood, Hill City and Wall Schools, Security Systems; Edgemont School District, Electronic Door Locks; Bennett County Fire Dept and Sheriffs Office, Radios; City of Custer, Repeater Package and Security System, and authorize the chair’s signature to the transfer agreements. Vote: Unanimous. ITEMS FROM HIGHWAY A. 2008 LETTING, BRO 8052(55), PCN H082, PENNINGTON COUNTY STRUCTURE REHABILITATION: MOVED by Schmidt and seconded by Kjerstad to approve the following resolution awarding the above referenced project to Corr Construction Services, Inc, Hermosa, South Dakota, in the amount of $99,681.92. Vote: Unanimous. RESOLUTION WHEREAS, Abstract of Bids furnished by the South Dakota Department of Transportation for Item 1, March 19, 2008, Letting; BRO 8052(55), PCN H082, Pennington County(ies), Structure Rehabilitation, Letting reflects Corr Construction Services, Inc., of Hermosa, South Dakota, to be the low bidder with a proposal of $99,681.92. WHEREAS, the bid is $2,009.22 or 2% below the Engineer’s Estimate of $101,691.14. THEREFORE, BE IT RESOLVED, the Pennington County Board of Commissioners recommends awarding of the Contract to Corr Construction Services, Inc., Hermosa, South Dakota, in the amount of $99,681.92. Dated this 1st day of April, 2008. s/Brenda Young, Chairperson ATTEST: s/Cindy Mohler, Deputy Auditor B. 2008 BRIDGE INSPECTIONS: MOVED by Holbrook and seconded by Trautman to approve the following resolution selecting NJS Engineering, to perform bridge re-inspections for 2008. Vote: Unanimous. BRIDGE REINSPECTION PROGRAM RESOLUTION FOR USE WITH SDDOT RETAINER CONTRACTS WHEREAS, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. THEREFORE, Pennington County is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds. The County requests SDDOT to hire NJS Engineering (Consulting Engineers) for the inspection work. SDDOT will secure federal approvals, make payments to the Consulting Engineers for inspection services rendered, and bill the County for 20% of the cost. The County will be responsible for the required 20% matching funds. There are a total of 62 bridges in Pennington County that require inspection. Dated this 1st day of April, 2008, at Rapid City, South Dakota. Board of Commissioners of Pennington County s/Brenda Young, Chairperson ATTEST: s/Cindy Mohler, Deputy Auditor C. DUST ABATEMENT: MOVED by Schmidt and seconded by Holbrook to approve the Dust Abatement Policy, allowing the highway department to determine the price per lineal foot each year based on the annual bid price per gallon with an amendment to add the cost of labor and equipment as determined by the highway department. Vote: Unanimous. D. BELLY DUMP TRAILERS: MOVED by Schmidt and seconded by Trautman to purchase two Trail King Belly Dump Trailers off of the Faulk County bid from JD Evans, Inc, Rapid City, SD, for $37,850.00 per trailer for a total purchase of $75,700.00. Vote: Unanimous. (Bid documents are on file at the Pennington County Highway Office) LIEN RELEASE REQUEST (IFAHM): MOVED by Kjerstad and seconded by Schmidt to table this item. Vote: Unanimous. CENTRAL STATES FAIR A. ELECTRICAL UPGRADES: MOVED by Holbrook and seconded by Trautman to approve the Right-of Way Agreement with Black Hills Power and to proceed with the installation of the new transformers and lines for the primary service. Vote: Unanimous. MOVED by Trautman and seconded by Kjerstad to proceed with obtaining bids to tie the secondary services into the primary services. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT MOVED by Schmidt and seconded by Trautman to acknowledge the presentation from DM&E on road crossings, to direct the Highway Superintendent to continue working with DM&E on specific plans for the crossings and further move to create a master file in the Commission Office on the DM&E proposal for a rail line across Pennington County. Vote: Unanimous. MISCELLANEOUS A. VOUCHERS: MOVED by Holbrook 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. BOARD OF ADJUSTMENT MOVED by Schmidt and seconded by Trautman to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 08-04: Hewey Clemmons. To reduce the minimum required 25 foot front yard setback to 17 feet in a Light Industrial District in accordance with Sections 211 and 509 of the Pennington County Zoning Ordinance. Lot C of SW1/4, Section 20, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Holbrook to approve VA 08-04 with the following conditions: 1. That prior to County Board approval, the off-premise sign located at the entrance to the property be removed or a Conditional Use Permit be obtained for the off-premise sign; 2. That all structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; 3. That the address be posted at both the driveway and on the residence itself in accordance with Ordinance #20; and, 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. Vote: Unanimous. B. VARIANCE / VA 08-05: Sandra Chapman; Dan Lundeen – Agent. To reduce the minimum required 25 foot front yard setback to 17 feet in a Suburban Residential District in accordance with Sections 208 and 509 of the Pennington County Zoning Ordinance. Lot 17-22 less vacated alley adjoining Lots 17-18, Block 10, Silver City, Section 31, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to accept staff recommendation to approve VA 08-05 with the following three (3) conditions: 1. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which requires a site plan to be reviewed and approved by the Planning Director; and, 2. That this Variance only applies for the portion of the setback requirement that will be encroached upon by the existing house. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure; and 3. That if any work is to be done in the 100-year floodplain, that a Floodplain Development Permit must be obtained. Vote: Unanimous. C. VARIANCE / VA 08-06: Lloyd and Catherine Marti. To reduce the minimum required lot size from 40 acres to 5 acres in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. The NE1/4NE1/4NW1/4 and the NW1/4 less NE1/4NE1/4 NW1/4, Section 27, T1N, R10E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to approve VA 08-06 with the following conditions: 1. That the balance of the existing ten (10) acre lot, described as the NE1/4NE1/4NW1/4, and the balance of the existing 150 acre lot, described as the NW1/4 less NE1/4NE1/4NW1/4, not being included in the boundaries of the proposed five (5) acre lot, be incorporated into one (1) lot measuring 155 acres total and deeded at the same time the proposed five (5) acre lot is deeded so that the applicant does not create an illegal lot; 2. That all structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; 3. That the address be posted at both the driveway and on the residence itself in accordance with Ordinance #20; and, 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. Vote: Unanimous. MOVED by Kjerstad and seconded by Holbrook to adjourn as a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING D. PLANNED UNIT DEVELOPMENT REVIEW / PU 07-02: Leon Brodie. To review a rezone from Limited Agriculture District to a Planned Unit Development to allow the former Governor’s Mansion to be utilized for receptions, a winery, a vineyard, and a Specialty Resort in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 6 of Tract A, Knights Acres Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt accept the recommendation of the Planning Commission to approve the extension of PU 07-02 with the following 23 conditions: 1. That the setbacks from property lines be the same as outlined in Section 206.E of the Pennington County Zoning Ordinance; 2. That a Building Permit be obtained for any structure 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; 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 the internal driveway be a minimum of 24-feet-wide with a paved driving surface; 5. That the uses for this Planned Unit Development shall be limited to the uses as defined in S.D.C.L. 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; 6. That prior to the operation of the winery, the applicant obtains a Farm Winery License; 7. That the applicant provides a copy of the Farm Winery License to the Planning Department; 8. That no wine shall be produced from the site without an amendment to the Planned Unit Development; 9. That the applicant ensures the residential character of the property is maintained; 10. That all music being provided for outdoor activities be shut down by 10:00 p.m.; 11. That the pond be lined with a geomembrane/bentonite composite liner; 12. That parking be provided to accommodate up to 300 guests; 13. That the parking areas be maintained in a dust free manner; 14. That each sleeping room have a smoke/heat detector; 15. That a portable fire extinguisher with a minimum 2 A-BC rating shall be placed on each floor level and shall be inspected and tagged annually; 16. That each floor where occupants are sleeping shall have two means of escape; 17. That all primary exits that lead to the exterior of the structure shall be unlocked, free from obstruction and clearly marked; 18. That the tents be erected only when needed and not on a permanent basis; 19. That all exterior lighting be directed away from neighboring property owners, which does not result in excessive glare upon surrounding property; 20. That prior to the placement of any on-premise sign, the applicant must obtain a Sign Permit; 21. That prior to the operation of the Specialty Resort, the applicant provide a copy of the inspection report of the kitchen facility from the South Dakota Department of Health to the Planning Department; 22. That prior to installation of any on-site wastewater system, an approved On-Site Wastewater Construction Permit be obtained through the Pennington County Planning and Zoning office; and, 23. That the Planned Unit Development be reviewed in six (6) months. Vote: Unanimous. E. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 07-03: Ryan Kaski/JKRK Properties; Sperlich Consulting – Agent. A review of a Planned Unit Development Amendment to extend the limits of the existing pavement to include the balance of 156th Avenue rather than construct 157th Avenue in Sunset Ranch Subdivision in accordance with Section 213 of the Pennington County Zoning Ordinance. Sunset Ranch Subdivision, Block 1, Lots 1-17; Block 2, Lots 1-19; Block 3, Lots 1-16; and All Section less N1/2N1/2NW1/4 and less Sunset Ranch; W1/2; Government Lot 3- 4; N1/2S1/2 NW1/4; W1/2; N1/2S1/2NE1/4; Government Lot 1-2, Sections 32, 33, 4 and 5, T2N and T1N, R10E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad accept the recommendation of the Planning Commission to approve the extension of PU 07-03 with the following twelve conditions: 1. The density of the Planned Unit Development shall not exceed 148 residential lots; 2. That the Special Animal Keeping Regulations, as outlined in Section 204 of the Pennington County Zoning Ordinance and no more than one (1) large animal be housed on three (3) acres, be continually followed; 3. The minimum lot size for the development shall five (5) acres; 4. That a minimum of eighty (80) acres is maintained as Common area; 5. The approved uses of the Planned Unit Development shall be for up to 148 stick built, single-family residences and accessory structures; 6. All residences must meet the standards for stick-built and manufactured homes as outlined in Section 204; 7. The applicant submits an engineered individual wastewater disposal system to be approved by the Pennington County Environmental Planner; 8. That prior to any plat approval, the applicant provides signage at the two (2) primary route crossings through DM&E railroad right-of-way; 9. That 229th Street be maintained according to Ordinance 14 Standards; 10. The minimum setbacks for the Planned Unit Development shall be twenty-five (25) feet from all property lines and fifty-eight (58) feet from all Section Lines; 11. That a Homeowner’s Association remains in affect and covenants filed along with the Final Plat for the maintenance of the road, community water system, and all common areas; and, 12. That this Planned Unit Development be reviewed on a complaint basis only. Vote: Unanimous. F. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-06 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-02: Frank Boyle. To rezone 1.09 acres from General Agriculture District to Highway Service District to allow for a seasonal eating establishment and to change the Future Land Use from PUD Sensitive to Highway Service District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lot L of SW1/4SW/14, Section 7, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to deny RZ 08-06 and CA 08-02 without prejudice. Vote: Kjerstad, Schmidt, Trautman and Young, yes. Holbrook, no. Motion carried 4 to 1. G. LAYOUT PLAT / PL 08-10: Rushmore Cave; Bobby Sundby – Agent. To create Lot 1 of Rushmore Cave Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 5; Hayward Consl. Placer MS 1981; Lot 6 (less South 636.1 feet and east 240 feet thereof and Lot A and Highway Right-of-Way), all in Section 18, T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 1, Rushmore Cave Subdivision, Section 18, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt accept the recommendation of the Planning Commission to deny PL 08-10 without prejudice. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-01: Cheyenne River Ranchettes; Sperlich Consulting – Agent. To rezone 5.25 acres from Planned Unit Development to Highway Service District to allow for Vacation Home Rentals, RV sites, tent sites, and log camper cabins in a Planned Unit Development District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lots B, D, E, and F of Wisconsin Placer M.S. 910 and Lots 1-14 of Three Forks Subdivision, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Kjerstad to continue this item to the May 20, 2008, Board of Commissioners’ meeting. Vote: Unanimous. I. LAYOUT PLAT / PL 08-11 AND SUBDIVISION REGULATIONS VARIANCE / SV 08- 03: Cheyenne River Ranchettes; Sperlich Consulting – Agent. To create Lots 1R through 14R, Lot 15 and 16 of Three Forks Subdivision in accordance with Section 400.1 and to waive the requirement to pave Five Point Court of the Pennington County Subdivision Regulations. EXISTING LEGAL: Wisconsin Placer Lot B (NW1/4), Lot D, E, and F and Three Forks Subdivision Lots 1 thru 14, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1R through 14R, Lot 15 and 16, Three Forks Subdivision, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Holbrook accept the recommendation of the Planning Commission to deny SV 08-13, and to approve PL 08-11 with the following 19 conditions: 1. That prior to filing the Final Plat with the Register of Deeds, the property must be rezoned to Highway Service District; 2. That prior to submittal of the Preliminary Plat, the plat be revised to comply with lot width requirements as outlined in Section 210.D.2 of the Pennington County Zoning Ordinance; 3. That prior to County Board approval of the Final Plat, a central water system must be installed and inspected by the County Fire Coordinator. The water system must have a fire flow of not less than 500 gallons per minute for one hour; 4. That prior to submittal of the Preliminary Plat, the applicant provide a site plan showing all the proposed uses and the specific number of camper cabins to be located on Lot 14R; 5. That prior to submittal of the Preliminary Plat, the applicant submit engineered road construction plans for Five Point Court or obtain an approved Subdivision Regulations Variance waiving this requirement; 6. That prior to County Board approval of the Final Plat, the well house must be relocated to meet the setback requirements as outlined in Section 210.E of the Pennington County Zoning Ordinance; 7. That prior to submittal of the Preliminary Plat, the reference to Lot 1 of Three Forks Subdivision be revised and shown as Lot 17 of The Forks at Remington Ranch; 8. That prior to County Board approval of the Final Plat, the applicant must apply for and obtain an approved Setback Variance for the encroachment of the Office Building within the front yard setback requirement. Administrative fees will be assessed at the time the Variance is applied for due to the covered walkway being constructed without an approved Building Permit; 9. That an Approach Permit be obtained from the South Dakota Department of Transportation for any revisions to the existing approach; 10. That Black Hills Powers rights to operate and maintain the power lines are not diminished or adversely affected in any way by the proposed subdivision; 11. That prior to submittal of the Preliminary Plat, the applicant submit engineered drainage plans or obtain an approved Subdivision Regulations Variance waiving this requirement; 12. That prior to applying for a Preliminary Plat the applicant perform percolation tests and soil profile information for any and all lots that may contain their own septic system; any community drainfield areas and easements must be shown on the Preliminary Plat as such. The community drainfield must be designed by a Registered Professional Engineer and the applicant must receive proper permitting and approval from the County and the State for the community drainfield prior to applying for a Final Plat; 13. That approved On-Site Wastewater Construction Permits be obtained prior to any wastewater system being installed or the issuance of any Building Permits on any of the proposed lots; 14. That all proper setbacks from all property lines be maintained as outlined in Section 210.E of the Pennington County Zoning Ordinance; 15. 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; 16. That eight (8) foot utility easements be dedicated on the interior sides and rear of all lot lines on the Preliminary and Final plats; 17. That the applicant ensures all improvements to stay within the private property boundaries; 18. That prior to the operation of the campground, the applicant apply for and obtain an approved Conditional Use Permit; and, 19. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-04: Linda Kramer. To amend a Planned Unit Development to allow for three (3) additional cabins in a Planned Unit Development in accordance with Section 213 of the Pennington County Zoning Ordinance. The N1/2 of the NE1/4 lying east of County Road, Section 18, T1N, R3E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman accept the recommendation of the Planning Commission to approve the first reading of PU 08-04 with the following 15 conditions: 1. That the well and the wastewater disposal system meet the requirements of the South Dakota Department of Health; 2. That prior to issuance of Building Permits for the three cabins, the applicant submits and obtains approval of a wastewater treatment system from the South Department of Environment and Natural Resources; 3. That the required setbacks for all structures be a minimum of 25 feet from all property lines; 4. That the permitted uses be a three (3) bedroom single-family residence, two (2) bedroom guest cabin, chapel, recreational hall, corral, three (3) one-bedroom cabins, three (3) storage barns, and accessory residential structures; 5. That the day visitor groups be limited to a maximum of 50 occupants; 6. That Building Permits be obtained for any structure 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; 7. That a guest list be maintained and a smoke detector be placed in each sleeping room; 8. That each smoke detector be tested semi-annually for proper function. The smoke detectors must be Underwriters Laboratory (UL) listed and be either AC or battery operated; 9. That the applicant has at least one 2A-BC dry chemical fire extinguisher accessible to all guests at all times on each floor or structure; 10. That the address of the property be posted inside each cabin for the guests and outside each cabin for emergency location purposes; 11. That the applicant maintain a minimum of 24 parking spaces and that each parking space be a minimum of nine feet by eighteen feet and be maintained in dust free manner; 12. That the recreational resort be limited to one sign totaling four square feet in area and be shall be located a minimum of 17 feet from any property line; 13. That the approach to the property meet Ordinance 14 Standards and be a minimum of 20-feet at the property line entrance off of South Rochford Road; 14. That a road be provided and constructed to the three (3) cabins for emergency access; and, 15. That this Planned Unit Development be reviewed in two (2) years or upon a complaint basis. Vote: Unanimous. K. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-05: Kelly Development. To rezone 40 acres from General Agriculture District to Limited Agriculture District in accordance with Section 508 of the Pennington County Zoning Ordinance. The W1/2, NE1/4, SE1/4; NE1/4, NE1/4, SE1/4 and the NW1/4, SE1/4, SE1/4 of Section 12, T1N, R9E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to accept the recommendation of the Planning Commission to deny Rezone 08-05. Vote: Kjerstad, Schmidt, Trautman and Young, yes. Holbrook, no. Motion carried 4 to 1. L. MINOR PLAT / PL 08-02: Lynda Voshall/Clair Voshall; Davis Engineering – Agent. To revise three lots to create Lots 1, 2, and 3 of Voshall Addition in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 4 of Tract A in NE1/4, Lot 2 of Linde Tract, and Lot 1 Revised of Elkhorn Placer M.S. 1502 all in Section 10, T2S, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1, 2, and 3 of Voshall Addition, Section 10, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Holbrook to approve PL 08-02 with all eleven conditions recommended by staff. SUBSTITUTE MOTION: MOVED by Kjerstad and seconded by Holbrook accept the recommendation of the Planning Commission to approve PL 08-02 with the following conditions: 1. That prior to County Board approval of the Minor Plat, the applicant obtains a Subdivision Regulations Variance waiving road improvement requirements, engineered road plans, percolation tests, soil profile information and easement width requirements; 2. That prior to County Board approval of the Minor Plat, all of the existing drainfields be located; 3. That prior to filing the plat with Register of Deeds, the plat be corrected for the direction of L8 in the line table, which should be shown as north or south and not west; 4. That prior to filing the plat with Register of Deeds, a correction to plat heading be as follows: “Formerly Lot 4 of Tract A located in NE1/4 of Section 10, T2S, R6E, BHM…”; 5. That the recreational vehicles not be used as living quarters on the property; 6. That no work be conducted in the limits of the 100- year floodplain without acquiring approval of a Floodplain Development Permit and that a note be located on the plat stating the following: “Prior to any work being done within the limits of the 100-year floodplain, an approved Floodplain Development Permit must be obtained;” 7. That no future wastewater disposal system be located within the limits of the 100-year floodplain; 8. That all of the mobile homes on proposed Lot 1 of Voshall Subdivision be removed or the applicant obtain approval of a Planned Unit Development to allow the three mobile homes and the home occupation of storage shed construction; 9. That no further additions be allowed on the existing single-family residence without acquiring approval of a Variance to reduce the front yard setback from 25-feet to 13-feet; and, 10 That the applicants sign the Statement of Understanding, which is available at the Planning Office. Vote: Holbrook, Kjerstad, Trautman and Young, yes. Schmidt, no. Motion carried 4 to 1. M. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT / PU 08-01: Clair Voshall; Davis Engineering – Agent. To rezone 3.02 acres from Limited Agriculture District to a Planned Unit Development to allow three existing mobile homes, a home occupation, and outbuildings in accordance with Section 213 of the Pennington County Zoning Ordinance. Located on the following metes and bounds description: Beginning at a USFS Aluminum Cap which is marked NE-SE 1/64 S10, T2S, R6E, BHM; Thence N 82?33’46” W a distance of 984.35 feet to an aluminum cap marked “FMG-1019” which is the TRUE POINT OF BEGINNING: Thence N 89?17’03 ” E a distance of 137.65 feet; Thence N 41?37’04” E a distance of 640.93 feet; Thence N 89?11’27” E a distance of 249.78 feet; Thence S 28?03’38” E a distance of 110.87 feet; Thence S 49?34’18” W a distance of 279.80 feet; Thence S 11?21’49” E a distance of 39.15 feet; Thence S 67?05’35” W a distance of 113.75 feet; Thence S 87?22’21” W a distance of 285.71 feet; Thence S 50?32’09” W a distance of 234.01 feet; Thence along a curve with a radius of 2439.80 feet, a chord bearing of N 66?09’ 35” W and a chord distance of 97.42 feet, a distance of 97.42 feet; to the TRUE POINT OF BEGINNING; Containing 3.02 Acres “more of less”. All Located in Section 10, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to approve the first reading of PU 08-01 with the following16 conditions: 1. That this Planned Unit Development allows for a 3.02 acre parcel with no more than three mobile homes, existing outbuildings and the manufacturing of portable storage sheds; 2. That if at any time one of the mobile homes becomes inhabitable, the property owner must remove it immediately; 3. That approval of this Planned Unit Development does not hold Pennington County liable for any damages and/or losses during the event of a flood; 4. That prior to County Board approval of the Planned Unit Development, the property owner submit information from a certified wastewater installer verifying the size of septic tank and location of the wastewater system servicing the three (3) existing mobile homes to be reviewed by the Environmental Planner; 5. That this Planned Unit Development be valid only for the current existing uses; any expansion or change that requires a Building Permit, the property must be rezoned; 6. That each mobile home be addressed and the addresses must be posted per Ordinance 20 Standards at both the road and driveway; 7. That a Floodplain Development Permit be obtained prior to the placement of any structure within the boundaries of the 100-year floodplain; 8. That the manufacturing and storing of the portable sheds be entirely located in the 1,530 square foot barn. No construction, storage or other business activities shall occur outside the existing structures on the property; 9. That the office be located in a 14 foot by 20 foot area within the residence; 10. That the home occupation be conducted entirely within the enclosed structures of the barn and residence with no outside storage of the portable sheds; 11. That the manufacturing of the portable sheds be between the hours of 8:00 a.m. and 6:00 p.m.; 12. That the portable sheds measure a maximum of eight (8) feet by 14 feet; 13. That a minimum of four (4) off-street parking spaces be provided and that each parking space shall not be less than one hundred sixty two square feet, nor nine feet by eighteen feet, surfaced with gravel, concrete or asphalt and maintained in such a manner that no dust will result from continuous use; 14. That a minimum of one (1) 2 ABC fire extinguisher be located within the barn; 15. That the Planned Unit Development be reviewed in one (1) year or on a complaint basis; and, 16. That the Planned Unit Development not be valid until the applicant signs the Statement of Understanding. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-21-2(1,3); Personnel, Litigation; Contractual MOVED by Schmidt and seconded by Trautman to convene into Executive Session. Vote: Unanimous. The Board remained in Executive Session from 1:05 p.m. until 2:10 p.m. MOVED by Holbrook and seconded by Trautman to adjourn from Executive Session. Vote: Unanimous. MOVED by Holbrook and seconded by Kjerstad to enter into a contract with Rob Miller for professional services. Vote: Unanimous. PERSONNEL ESCC: Effective April 7. 2008: Bettina Coates, 2,615.00; Amber Green, 2,615.00; Debi Harding, 2,615.00; and Brandy Reindl, 2,615.00; Auditor’s Office: Effective April 14, 2008: Mary Hunt, 13.35/hr; Becky Bender, 13.35/hr; Effective April 28, 2008: Iola Butt, 13.35/hr and Lynda Leuellen, 13.35/hr. PAYROLL – JANUARY 2008 Commissioners, 15,620.51; Elections, 16,197.31; Auditor, 14,674.58; Treasurer, 43,007.65; Data Processing - Law, 11,253.52; Data Processing - General, 23,106.75; State's Attorney, 110,558.41; Public Defender, 78,292.04; Juvenile Diversion, 12,605.72; Victim's Assistance, 10,473.35; Buildings & Grounds, 86,540.05; Equalization, 62,241.95; Register of Deeds, 22,339.03; Sheriff, 268,374.65; Courthouse Security, 5,488.23; Service Station, 9,133.74; HIDTA Grant, 7,949.24; CARE Budget, 10,762.46; Jail, 330,859.20; Jail Work Program, 5,991.88; Jail Medical, 3,104.34; Jail Maintenance, 10,200.37; Hill City Law, 11,234.07; Keystone Law, 4,891.31; New Underwood – Law, 3,759.60; School Liaison, 17,898.57; Wall Law, 10,964.59; JSC Teachers, 21,102.85; Home Detention, 6,760.49; Dispatch, 136,708.35; Ordinance, 3,181.99; Economic Assistance, 34,134.57; Mental & Alcohol-SAO, 6,611.26; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 141,807.54; Friendship House, 26,378.01; Prevention Program, 5,837.59; 24-7 Program, 16,097.27; Extension, 5,093.09; Weed & Pest, 7,715.73; West Nile, ; Planning and Zoning, 18,808.49; Juvenile Services Center, 240,202.77; JSC Maintenance, 5,192.09; Highway, 186,917.48; Drug Seizure, 1,651.66; Fire Administration, 5,949.04; Emergency Management, 8,051.76; Emergency Management, 1,128.96 PAYROLL-FEBRURARY 2008 Commissioners, 15,640.91; Elections, 14,971.41; Auditor, 14,239.75; Treasurer, 39,574.41; Data Processing - Law, 11,089.83; Data Processing - General, 22,308.32; State's Attorney, 109,946.38; Public Defender, 79,117.21; Juvenile Diversion, 12,072.92; Victim's Assistance, 10,473.35; Buildings & Grounds, 86,174.54; Equalization, 75,683.47; Register of Deeds, 22,339.03; Sheriff, 271,682.96; Courthouse Security, 5,482.71; Service Station, 8,565.64; HIDTA Grant, 8,617.97; CARE Budget, 10,903.79; Jail, 349,831.30; Jail Work Program, 5,808.67; Jail Medical, 3,104.34; Jail Maintenance, 10,190.36; Hill City Law, 10,782.38; Keystone Law, 4,876.36; New Underwood – Law, 3,748.06; School Liaison, 18,275.26; Wall Law, 10,832.75; JSC Teachers, 21,102.85; Home Detention, 6,760.49; Dispatch, 134,023.29; Ordinance, 3,181.99; Economic Assistance, 33,684.35; Mental & Alcohol-SAO, 6,611.25; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 139,907.04; Friendship House, 25,534.39; Prevention Program, 5,837.59; 24-7 Program, 12,274.23; Extension, 4,812.49; Weed & Pest, 7,526.33; West Nile, 0.00; Planning and Zoning, 18,808.49; Juvenile Services Center, 268,754.68; JSC Maintenance, 5,192.09; Highway, 189,857.86; Drug Seizure, 1,651.66; Fire Administration, 5,949.05; Emergency Management, 8,023.76; Emergency Management, 1,128.95. PAYROLL-MARCH 2008 Commissioners, 15,628.11; Elections, 14,577.46; Auditor, 13,972.17; Treasurer, 43,816.30; Data Processing - Law, 11,151.04; Data Processing - General, 28,046.21; State's Attorney, 109,976.51; Public Defender, 79,117.21; Juvenile Diversion, 12,072.92; Victim's Assistance, 10,473.35; Buildings & Grounds, 86,226.93; Equalization, 55,757.44; Register of Deeds, 22,339.03; Sheriff, 273,886.58; Courthouse Security, 5,764.23; Service Station, 8,849.69; HIDTA Grant, 7,942.83; CARE Budget, 7,866.69; Jail, 358,323.10; Jail Work Program, 5,327.88; Jail Medical, 3,104.34; Jail Maintenance, 10,295.57; Hill City Law, 10,829.73; Keystone Law, 4,885.97; New Underwood – Law, 3,878.83; School Liaison, 18,045.49; Wall Law, 10,406.42; JSC Teachers, 21,102.85; Home Detention, 6,760.49; Dispatch, 135,703.85; Ordinance, 3,181.99; Economic Assistance, 33,679.40; Mental & Alcohol-SAO, 6,611.25; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 135,638.26; Friendship House, 27,468.37; Prevention Program, 5,837.59; 24-7 Program, 12,127.37; Extension, 4,812.49; Weed & Pest, 7,564.28; West Nile, ; Planning and Zoning, 18,521.87; Juvenile Services Center, 272,048.29; JSC Maintenance, 5,192.09; Highway, 184,032.73; Drug Seizure, 4,219.72; Fire Administration, 5,949.04; Emergency Management, 8,023.76; Emergency Management, 1,128.96. VOUCHERS Cardmember Services, 3,419.93; Knology, 5,667.66; BH Power, 5,246.77; Montana Dakota Utilities, 19,695.13; Alltel, 1,609.32; City of Rapid City - Water, 9,058.20; Medical Waste Transport, 61.30; Raibow Gas Co, 14,902.13; SDACO, 150.00; CBM Food Service, 32,582.41; Kieffer Sanitation, 309.98; Verizon, 285.00; City of Hill City, 41.33; Fish Garbage, 44.84; Qwest, 151.27; Walker Refuse, 87.79; First Administrators, 113,570.92; IIARC, 113,340.82; SDML Workers Comp Fund, 45,235.00; US Bank, 407,356.44. ADJOURN There being no further business the meeting was adjourned at 2:12 p.m. Julie A. Pearson, Auditor Publish: April 16, 2008 April 1, 2008 1