PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES August 5, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, August 5, 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 Schmidt and seconded by Holbrook to approve the agenda as amended: Add -Rapid Canyon Sanitary District – De-annexation; Contractual under Executive Session; and, Move Items from Highway down after item 22. Vote: Unanimous. REVIEW MINUTES MOVED by Schmidt and seconded by Holbrook to approve the minutes of the July 15, 2008, Board of Commissioners’ meeting as presented. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman to approve the minutes of the July 29, 2008, Board of Commissioners' meeting as presented. Vote: Unanimous. ITEMS FROM THE AUDITOR A. ANNEXATION OF RUSHMORE RANCH #3 ROAD DISTRICT INTO RUSHMORE RANCH #1 ROAD DISTRICT: MOVED by Holbrook and seconded by Kjerstad to accept the Annexation of Rushmore Ranch #3 Road district into the Rushmore Ranch #1 Road District herein annexation described by the following legal: SE1/4 less Rushmore Ranch Estates Subdivision in Section 7 of T2S, R07E, S/12SW1/4 less Rushmore Ranch Estate Subdivision in Section 8 of T2S, 07E, NE1/4 less tract BRC of Rushmore Ranch Estates subdivision in Section 18 of T2S R07E effective for the 2008 pay 2009 tax year and thereafter. Vote: Unanimous. B. DISCHARGE LIENS OF DECEASED INDIVIDUALS: MOVED by Schmidt and seconded by Trautman to authorize the chair’s signature on the following resolution. Vote: Unanimous. RESOLUTION TO DISCHARGE COUNTY AID LIENS OF DECEASED PERSONS WHEREAS, the Pennington County Commission has determined that it is in the County’s best interest to discharge county aid liens against deceased persons and those liens deemed uncollectible; and WHEREAS, Credit Collections Bureau has researched and reported the following such liens totaling $43,739.86, as listed on the ORDER TO RELEASE INDIGENT LIEN on file in the Pennington County Auditor’s office; now THERFORE BE IT RESOLVED, BY THE Pennington County Board of Commissioners, that the Register of Deeds is hereby directed to discharge these liens. DATED this 5th day of August 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor C. DE-ANNEXATION FOR RAPID CANYON SANITARY DISTRICT: MOVED by Trautman and seconded by Kjerstad to endorse the action of the Board of Trustees of the Rapid Canyon Sanitary District to de-annex the following property from the Rapid Canyon Sanitary District: Lot A of Lot 2 of NW1/4SW1/4 and of Lot 1 and Lot 3 of SW1/4SW1/4 of 1N 07E Section 9 and Lot 1R of Block 15 in Canyon Lake Heights 1N 7E Sec 9, effective for the tax year 2008 and after. Vote: Unanimous. ITEMS FROM THE SHERIFF A. EMPLOYEE HANDBOOK REVISIONS/ADOPTION (Con’t from 7/1/08): MOVED by Holbrook and seconded by Trautman to adopt the Employee Handbook revisions with an effective date of August 19, 2008. Vote: Unanimous. B. JAIL ANNEX COMPLETION PROJECT – CHANGE ORDER #1: MOVED by Trautman and seconded by Holbrook to approve Change Order #1 to the J. Scull Construction contract in the amount of $2,695.70 and authorize the chair’s signature thereto. Vote: Unanimous. C. REQUEST TO DECLARE VEHICLE AS SURPLUS: MOVED by Holbrook and seconded by Schmidt to declare the 2003 Ford Econoline Van, VIN 1FBNE3143HA72286, County asset tag #5404, as surplus for the purpose of trade. Vote: Unanimous. ITEMS FROM EQUALIZATION A. EMPLOYEE RE-CLASSIFICATION: MOVED by Schmidt and seconded by Trautman to authorize an exception to the wage policy by granting one additional step in the reclassification of Roger Benton, $3,869.00, effective August 1, 2008. Vote: Unanimous. Holbrook left the meeting at 9:55 a.m. ITEMS FROM EMERGENCY SERVICES COMMUNICATION CENTER A. MISSED MERIT INCREASE: MOVED by Schmidt and seconded by Trautman to approve merit increase for Chad Tomjack, $3,257.00/month, effective July 1, 2008. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. DECLARE ITEM SURPLUS AND TRANSFER OWNERSHIP: MOVED by Schmidt and seconded by Trautman to declare a Bauer compressor, Model K15, serial number 85/0459/06/01, County asset tag number 000469, as surplus and transfer ownership to the Western Dakota Technical Institute Fire Science Program. Vote: Unanimous. B. JOINT POWERS AGREEMENT: MOVED by Trautman and seconded by Kjerstad to authorize the chair’s signature on the Joint Power Agreement, between the South Dakota Department of Agriculture, State of South Dakota and Pennington County, which will allow Pennington County resources to assist State Wildland Fire Suppression when needed and for Pennington County to receive reimbursement for time and expenses. Vote: Unanimous. ELLSWORTH OFFICERS’ SPOUSES’ CLUB: MOVED by Kjerstad and seconded by Trautman to authorize the Ellsworth Officers’ Spouses’ Club to conduct a raffle. Vote: Unanimous. BRAND BOARD RESOLUTION – Commissioner Kjerstad: MOVED by Kjerstad and seconded by Schmidt to continue this item to the August 19, 2008. Vote: Unanimous. Commissioner Holbrook returned to the meeting at 10:40 a.m. HUMAN RESOURSE MANAGER JOB DESCRIPTION: MOVED by Trautman and seconded by Schmidt to approve the job description for a Human Resources Manager, who will report to the Board of Commissioners', and set pay for said position at grade 22 and further move to advertise for a part-time, 20 hours per week, Human Resources Manager. Vote: Unanimous. ITEMS FROM HIGHWAY A. STATE CONTRACT LIST-ROAD SALT: MOVED by Schmidt and seconded by Holbrook to authorize the purchase of Road Salt from Pheasant Country Express, 803 West 5th Street, Redfield, South Dakota, off of State Contract Number 15490. Vote: Unanimous. B. NEW WALL LAKE ACCESS ROAD: MOVED by Kjerstad and seconded by Trautman to continue this item to the August 19, 2008, Board of Commissioners' meeting. Vote: Unanimous. C. LIVESTOCK GUARD ORDINANCE-FIRST READING: MOVED by Holbrook and seconded by Schmidt to move the first reading of said ordinance to the October 21, 2008, Board of Commissioners’ meeting. Vote: Unanimous. TAX INCREMENT FINANCE DISTRICTS (Con’t from 7/29/08): MOVED by Trautman and seconded by Kjerstad that the chair send a letter to the City of Rapid City stating that if the City does reinstate the TIF committee that Pennington County be allowed a liaison position so that the concerns of the County can be expressed. Vote: Unanimous. BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Schmidt to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 08-16: Ryan McFarland. To reduce the minimum required 25 foot side yard setback to 5 feet to bring an existing single-family residence into compliance in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. Tract A of E1/2SE1/4, Section 9, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept staff recommendation to approve VA 08-16 with the following 4 conditions: 1. That this Variance pertains to the existing residence only and that any future additions to the SFR or structures meet the minimum required 25-foot setback; 2. That all structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or 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 08-17: Huber Revocable Trust; Rob Livingston – Agent. To reduce the minimum required 25 foot front yard setback to 5 feet and the 25 foot side yard setback to 8 feet to construct a garage in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. Lot 2 of Lots 7 and 8 (replatted), Clear Creek Placer M.S. 1184, Section 22, T1N, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept staff recommendation to approve VA 08-17 with the following 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; 2. That this Variance only applies for the portion of the setback requirements that are encroached upon by the existing deck attached to the residence and will be encroached upon by construction of the proposed garage. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure; and 3. That the address be properly posted on both the residence and at the approach so it be visible in both directions in accordance with Pennington County’s Ordinance #20. Vote: Unanimous. MOVED by Schmidt and seconded by Holbrook to adjourn as a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING C. FINAL PLAT / PL 08-31: Beautiful Rushmore Cave/Pat Hall. To create two lots in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Government Lot 5; Hayward Consolidated Placer MS 1981; Government Lot 6 less the south 635.1 feet and east 240 feet and less Lot A thereof; and a portion of the E1/2 of the NW1/4, all in Section 18, T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1 and 2 of Rushmore Cave Subdivision, Section 18, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-31 with the following 6 conditions: 1. That no Building Permits be issued for or further development occur on the proposed unplatted Balance of Government Lot 5 until the property is brought into compliance with the Pennington County Zoning Ordinance; 2. That the existing cave operation be able to continue as it has been run in the past within the boundaries of existing Government Lot 5, though future expansion or further development will require the property to be brought into compliance with a Conditional Use Permit allowing for a Recreational Resort; 3. That any alterations or replacement of the existing septic systems on the subject properties or installation of new septic systems will require an approved On-Site Wastewater System Permit to be obtained from the Pennington County Planning and Zoning Department. Any new septic systems to be utilized for commercial purposes will also require review and approval by the South Dakota Department of Environment and Natural Resources; 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 a Certificate of Ownership Block be included on the Final Plat for Beautiful Rushmore Cave, Inc. and the Final Plat document be signed by a representative for Beautiful Rushmore Cave, Inc. prior to filing of the Final Plat at the Register of Deeds; and, 6. That all addresses be posted in accordance with Ordinance #20, including any newly assigned or reassigned addresses, as determined by staff of the Planning Office. Vote: Unanimous. D. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-06: Ryan Kaski. To amend an existing Planned Unit Development 04- 04 to allow for wind generators in Sunset Ranch 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; GL 3-4; N1/2S1/2 NW1/4; W1/2; N1/2S1/2NE1/4; GL 1-2; W1/2 less Sunset Ranch and less ROW; GL 3; GL 4 less Sunset Ranch and less ROW; N1/2S1/2NW1/4; SW1/4; N1/2S1/2NE1/4; GL 1-2 less Sunset Ranch and less ROW; all located in Sections 32, 33, 4 and 5, T2N and T1N, R10E, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve the first reading of PU 08-06 with the following 21 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, wind generators, 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 the entire portion of 156th Avenue to 229th Street be paved and improved in accordance with the approved Construction Plans prior to issuance of the fifty-first (51st) Building Permit or Surety be posted that will expire within six (6) months after the issuance of the fifty-first (51st) Building Permit; 9. That the settlement issues near the culvert crossings be improved on 156th Avenue; 10. That the applicant obtain an approved Flood Plain Development Permit and Building Permit for the construction of two (2) bridge structures along both primary routes at the Box Elder Creek crossings; 11. That prior to platting, the applicant provides documentation from Dakota, Minnesota & Eastern Railroad allowing the two (2) primary routes through the railroad right-of-way; 12. That prior to any plat approval, the applicant provide lighted warning devices at the two (2) primary route crossings through DM& E railroad right-of- way; 13. That 229th Street is maintained according to Ordinance 14 Standards; 14. That prior to County Board approval of the Planned Unit Development, the applicant shall submit a Fire Protection Plan for review and approval by the Pennington County Fire Coordinator. The Pennington County Fire Coordinator will determine the number of fire hydrants and exact locations; 15. 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; 16. That a Homeowner’s Association be created and covenants filed along with the Final Plat for the maintenance of the road, community water system, and all common areas; 17. That this Planned Unit Development be reviewed in two (2) years to determine that all conditions of approval are being met and to determine if dust suppression is needed on the access going east to New Underwood; 18. That one wind generator be allowed on each lot and the wind generator not exceed a maximum height of 52 feet; 19. That the applicant signs a Noxious Weed Plan to control noxious weeds located on the property; 20. That prior to filing any Final Plat for the unplatted portion of PUD II, as identified on the site plan dated March 9, 2007, 157th Avenue must be constructed and improved to County Road Standards or Surety be posted; and, 21. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office. Vote: Unanimous. E. LAYOUT PLAT / PL 08-30: Anna Raue; Sperlich Consulting – Agent. To create two lots in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 2, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 2A and Lot 2B, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve PL 08-30 with the following 8 conditions: 1. That prior to County Board approval of the Final Plat, engineered road construction plans be submitted for Caputa Loop Road to be improved to Local Road Standards or a Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to Preliminary Plat submittal, the applicant submits percolation tests and soil profile information for proposed Lot 2B to be reviewed and approved by the Environmental Planner or obtain approval of a Subdivision Regulations Variance waiving this requirement; 3. That the northern 256 feet be rezoned to General Agriculture District, vacated, and then added to the unplatted balance of the SE1/4 of Section 36; 4. That Lot 2A and 2B share an access off of Caputa Loop Road and the approach be approved by Pennington County Highway Department prior to County Board approval of the Final Plat; 5. That prior to County Board approval of the Final Plat, the shop building either be removed or a Conditional Use Permit be obtained allowing the shop building as an accessory structure prior to a principle structure being located on proposed Lot 2B; 6. That at the time of submittal of the Preliminary Plat, the applicant submits topography at 2 foot contour intervals or obtain approval of a Subdivision Regulations Variance waiving this requirement; 7. That at time of submittal of the Preliminary Plat, the applicant must submit information in regards to water supply; and 8. That prior to filing the plat with Register of Deeds, Lots 2A and 2B be rezoned to Low Density Residential District or a Lot Size Variance be obtained. Vote: Unanimous. F. MINOR PLAT / PL 08-32: Ryan and Ashley Olsen; Sperlich Consulting – Agent. To reconfigure existing lot lines in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 3 and Lot 4, Block 3, Sheridan Lake Highlands, Section 34, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 3R and Lot 4R, Block 3, Sheridan Lake Highlands, Section 34, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-32 with the following 3 conditions: 1. That an approved 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; 2. That all conditions of Planned Unit Development / PU 05-14 continue to be met; and, 3. That Black Hills Electric Cooperative’s rights to operate and maintain the electric distribution and meter facilities are not diminished or adversely affected in any way by the proposed subdivision. Vote: Unanimous. G. FINAL PLAT / PL 08-34: Ryan McFarland; Hanson Surveying – Agent. To create five lots in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tract A of E1/2SE1/4, Section 9, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1-5, Hisega High Meadows Subdivision, Section 9, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook accept the recommendation of the Planning Commission to approve PL 08-34 with the following 6 conditions: 1. That prior to County Board approval of the Final Plat, the applicant obtains an approved Setback Variance for the encroachment of the existing residence located on Lot 1; 2. That 8 foot utility easements along each side of all property lines be identified on the plat; 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; 4. That the applicant ensures all improvements stay within the private property boundaries; 5. That all addresses be posted in accordance with Ordinance #20; and, 6. 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. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-10: Donald Sachs; Heald Land Surveying – Agent. To rezone 14.30 acres from General Agriculture District to Limited Agriculture District in accordance with Sections 205 and 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds description: A portion of Government Lot 16 of Section 1, T2S, R4E, BHM, Pennington County, South Dakota, a parcel of land described as follows: Commencing at the 1/4 corner between Sections 1 and 2, T2S, R4E, BHM, Thence S 0°06’15” E a distance of 494.48 feet to the Point of Beginning; Thence S 67°45’31” E a distance of 547.31 feet; Thence S 21°22’35” W a distance 650.75 feet; Thence S 21°10’51” E a distance of 375.23 feet; Thence W a distance of 518.23 feet; Thence N 28°23’33” W a distance of 387.82 feet; Thence S 89°57’13” W a distance of 175.22 feet; Thence N 0°06’15” W a distance of 822.00 feet to the Point of Beginning. Said parcel of land contains 14.300 acres more or less. MOVED by Schmidt and seconded by Trautman accept the recommendation of the Planning Commission to approve the first reading of RZ 08-10. Vote: Unanimous. I. PRELIMINARY PLAT / PL 08-33 AND SUBDIVISION REGULATIONS VARIANCE / SV 08-10: Donald Sachs; Heald Land Surveying – Agent. To create two Tracts and to waive topography at 2 foot contour intervals, Section Line Highway improvements, road construction requirements, engineered road plans and for the scale of the plat to be 1 inch equals 100 feet in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: GL 15-16; S1/2N1/2SW1/4 NW1/4; S1/2SW1/4NW1/4; Lot 2 of Tract 0017 (Also in Section 12), Section 1, T2S, R4E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 1 and Tract 2, Sachs Subdivision, Section 1, T2S, R4E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Trautman accept the recommendation of the Planning Commission to approve SV 08-10 and PL 08-33 with the following 7 conditions: 1. That prior to County Board approval of the Final Plat, engineered road construction plans be submitted for the 40 foot access easement 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 improved to a minimum of Local Road Standards, which includes a minimum driving surface of 20 feet and minimum of 4 inches of gravel or a Subdivision Regulations Variance be obtained waiving this requirement; 3. That prior to County Board approval of the Final Plat, both Owners’ Certificates be on the plat; 4. That the Section Line Highway be improved to Ordinance 14 Standards or a Subdivision Regulations Variance obtained waiving this requirement; 5. That at the time of submittal of the Preliminary Plat, the applicant submit topography at 2 foot contour intervals or approval of a Subdivision Regulations Variance be obtained waiving this requirement; 6. That at time of submittal of the Preliminary Plat, the applicant must submit information in regards to water supply; and, 7. That prior to filing the plat with Register of Deeds, Tract 2 be rezoned to Limited Agriculture District or a Lot Size Variance be obtained. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-11: Allan and Leah Dewald; Hadcock Construction – Agent. To rezone 10.00 acres from General Agriculture District to Limited Agriculture District in accordance with Section 508 of the Pennington County Zoning Ordinance. The SW1/4NE1/4NW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Holbrook accept the recommendation of the Planning Commission to approve the first reading of RZ 08-11. Vote: Unanimous. K. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-09 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-04: Marvin Strom. To rezone .80 acres from Low Density Residential District to Suburban Residential District and to amend the Comprehensive Plan to change the Future Land Use from Low Density Residential District to Suburban Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lot A of Lot 16 (Revised), Fort Meade Placer M.S. #244, Section 8, T1N, R6E, 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 RZ 08-09 and CA 08-04. Holbrook called the question. Vote on calling the question: Kjerstad, Holbrook, Trautman and Young, yes. Schmidt, no. Motion carried 4 to 1. Vote on motion: Unanimous. L. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-07: Robert and Susan Duncan; Talking Leaves Boutique. To amend an existing Planned Unit Development to allow for an illuminated, on-premise sign in accordance with Section 213 of the Pennington County Zoning Ordinance. Tract A less Lot H1, Rapid City Placer M.S. 614, Section 21, T1S, R5E, BHM, Pennington County, South Dakota MOVED by Kjerstad and seconded by Trautman accept the recommendation of the Planning Commission to approve the first reading of PU 08-07 with the following 11 conditions: 1. That the applicant obtains a Sign Permit to be reviewed and approved by the Planning Director for the existing illuminated, on-premise sign on the subject property in order to fully correct the existing violation; 2. That all lighting be installed and maintained so as to minimize spillage of light outside of the sign face so as not to create a nuisance and the sign must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle; 3. That the existing sign be allowed a zero (0) foot setback from the front property line as long as no part of the sign structure encroaches into the public right-of-way and that any other signs installed on the property must meet a minimum five (5) foot setback from the front property line and maintain proper setbacks from all side and rear property lines; 4. That the sign conform to all regulations in Section 312 of the Pennington County Zoning Ordinance, including, but not limited to Section 312-A-19, which states: “Electronic variable message signs… are permitted, provided such signs do not interfere with traffic safety, do not change messages less than every six (6) seconds and do not resemble or stimulate traffic control or safety devices…;” 5. That the sign structure shall be painted and maintained in muted colors as to blend into the natural surroundings; 6. That the sign be maintained so as to have an aesthetically pleasing appearance at all times and not appear dilapidated; 7. That only on-premise advertising be allowed on the proposed sign and no off- premise advertising be allowed, unless otherwise permitted with Pennington County; 8. That the un-skirted modular home on the property be skirted within six (6) months; 9. That all other existing conditions of the original PUD for Talking Leaves Boutique is still valid and applicable to the subject property; 10. 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, 11. That this Planned Unit Development Amendment be reviewed in six (6) months or on a complaint basis. Vote: Unanimous. M. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT / PU 08-08: CMR, LLC; Dale Froehlich – Agent. To rezone 200 acres from General Agriculture District to a Planned Unit Development to allow for 31 lots in accordance with Section 213 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Schmidt to continue this item to the August 19, 2008, Board of Commissioners’ meeting. Vote: Unanimous. N. CONDITIONAL USE PERMIT / CU 08-10: K.W. Lindsay, Jr.; Verizon Wireless – Agent. To allow a 300 foot communications tower and equipment shelter in a Highway Service District in accordance with Sections 210 and 510 of the Pennington County Zoning Ordinance. Tract Lake (also in Section 28), Section 27, T2N, R5E, BHM, Pennington County South Dakota. MOVED by Schmidt and seconded by Trautman to send this item back to the Planning and Zoning Commission for either approval or denial of CU 08-10. SUBSTITUTE MOTION: MOVED by Kjerstad and seconded by Young to approve CU 08-10 with the following 11 conditions: 1. That Building Permits be obtained for any structure exceeding 144 square feet and located on a permanent foundation, which include necessary site plans to be reviewed and approved by the Planning Director; 2. That an approved Federal Aviation Agency Permit and an approved South Dakota Aeronautics Commission Permit be submitted prior to the issuance of an approved Building Permit; 3. That the security fence be installed and maintained around the tower and equipment shelter; 4. That two (2) parking spaces on the site be maintained in a dust free manner; 5. That any future additions of equipment to the site or tower require this Conditional Use Permit to be reviewed by the Pennington County Planning Department; 6. That construction plans be submitted that a professional engineer has certified the structural integrity of the tower and anchoring system prior to the issuance of a Building Permit; 7. That emergency radio communication equipment be allowed on the tower, if it does not interfere with their broadcast equipment; 8. That all utilities to reach the tower need to be on private land; 9. That all natural drainage ways be maintained; 10. That this Conditional Use Permit be reviewed in two (2) years or on a complaint basis to ensure that all conditions are being met; and, 11. That this Conditional Use Permit is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office. Holbrook called the question. Vote on calling the question: Holbrook, Kjerstad, Trautman and Young, yes. Schmidt, no. Motion carried 4 to 1. Vote on motion: Holbrook, Kjerstad, Schmidt and Young, yes. Trautman, no. Motion carried 4 to 1. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Trautman and seconded by Holbrook 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. EXECUTIVE SESSION PER SDCL 1-25-2 (1,3) Personnel; Contractual MOVED by Holbrook and seconded by Schmidt to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:53 p.m. until 1:20 p.m. MOVED by Trautman and seconded by Kjerstad to adjourn from Executive Session. Vote: Unanimous. MOVED by Young and seconded by Kjerstad to approve the research agreement with Colorado State University and authorize the chair’s signature thereto. Vote: Unanimous. MOVED by Schmidt and seconded by Holbrook to appoint Nancy Trautman as the principal investigator for the research agreement with Colorado State University. Vote: Unanimous. PERSONNEL Treasurer’s Office: Effective July 22, 2008: Susan Sutton, 13.03/hr; Effective July 31, 2008: Angel Eastman, 2,258.00; Auditor’s Office: Effective September 8, 2008: Mary Hunt, 13.35/hr; Effective September 15, 2008: Susan Ricci, 13.03/hr; Highway: Effective August 11, 2008: Roy Boschee, 4,584.84; Planning and Zoning: Effective August 4, 2008: Brittney Hand, 3,862.00; Equalization: Effective August 1, 2008: Richard Mareska, 3,965.00; Effective August 11, 2008: Patricia Caster, 2,615.00; Effective August 15, 2008: Dawn Puckett, 2,552.00; Health and Human Services: Effective August 1, 2008: Andrea Denke-Herreman; 3,504.00. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners, I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of July 24, 2008: Total balances of checking/savings accounts, $15,094,382.76; Total balance of Treasurer’s Office safe cash, $6,900.00; Total Certificates of Deposit, $7,729,889.09; Total Prime Value Investment, $4,647,164.42; Total petty cash, $110,815.00; Total Cash Items Paid, 44.50; Total cash items/net NSF checks, $2,312.33; Total long/short, $433.91; Total, $27,591,074.19. Submitted by KJ McDonald, Chief Deputy Auditor. PAYROLL Commissioners, 15,676.50; Elections, 12,691.04; Auditor, 18,708.12; Treasurer, 46,745.14; Data Processing - Law, 11,295.46; Data Processing - General, 28,481.48; State's Attorney, 117,462.51; Public Defender, 80,977.90; Juvenile Diversion, 12,375.37; Victim's Assistance, 10,663.09; Buildings & Grounds, 88,864.60; Equalization, 78,819.84; Register of Deeds, 20,750.24; Sheriff, 259,653.44; Courthouse Security, 4,590.32; Service Station, 8,801.65; Arrest Grant, 10,395.09; HIDTA Grant, 7,931.75; CARE Budget, 11,605.85; Jail, 362,501.67; Jail Work Program, 7,932.78; Jail Medical, 3,181.92; Jail Maintenance, 10,501.70; Hill City Law, 11,078.73; Keystone Law, 4,981.15; New Underwood – Law, 3,721.09; School Liaison, 18,613.65; Wall Law, 10,772.56; JSC Teachers, 21,102.85; Home Detention, 7,013.17; Dispatch, 140,959.32; Ordinance, 3,261.59; Economic Assistance, 34,361.75; Mental & Alcohol-SAO, 6,684.25; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 127,334.81; Friendship House, 30,416.46; Prevention Program, 5,911.42; 24-7 Program, 13,733.84; Extension, 4,932.74; Weed & Pest, 19,724.15; West Nile, 1,341.18; Planning and Zoning, 19,749.60; Juvenile Services Center, 280,650.52; JSC Maintenance, 5,251.35; Highway, 180,102.15; Drug Seizure, 5,082.02; Fire Administration, 6,126.79; Emergency Management, 9,410.38. VOUCHERS Alexander, Nancy, 3,000.00; Alltel, 1,003.92; BH Power Inc, 4,609.91; Cardmember Services, 9,148.51; CBM Food Services, 67,633.00; City of Hill City, 37.25; City of Rapid City – Water, 11,502.71; City of Wall, 95.90; FCE Benefit, 28,328.74; Fish Garbage, 44.84; First Administrators, 148,087.87; Golden West Co, 763.08; Knology, 5,822.21; Medical Waste Transport, 108.22; Montana Dakota Utilities, 7,786.64; Mt Rushmore Telephone, 58.00; Mutual of Omaha, 3,113.64; Pioneer Bank & Trust, 6,022.47; Qwest, 7,455.59; Rainbow Gas Co, 96.29; Shattuck, Laura, 504.00; State Property Management, 26,500.00; Verizon, 3,447.04. ADJOURN There being no further business the meeting was adjourned at 1:25 p.m. Julie A. Pearson, Auditor Publish: August 20, 2008 August 5, 2008 1