PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES July 21, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, July 21, 2009, 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, Nancy Trautman and Ethan Schmidt. REVIEW AND APPROVE AGENDA MOVED by Schmidt and seconded by Holbrook to approve the agenda. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Kjerstad to approve the minutes of the July 7, 2009, Board of Commissioners’ meeting. Vote: Unanimous. ITEMS FROM THE AUDITOR A/B. ORDER FOR ORGANIZATION AND INCORPORATION – BIRDIE LANE ROAD DISTRICT (CON’T FROM 7-7-09) and DE-ANNEXATION FROM THE CARSTENS SUB ROAD DISTRICT (CON’T FROM 7-7-09): MOVED by Schmidt and seconded by Trautman to continue these two items item to the August 4, 2009 Board of Commissioners’ meeting. Vote: Unanimous. C. MOTION SUPPLEMENT SP09-008: MOVED by Trautman and seconded by Holbrook to approve a supplement to the General Fund Sheriff’s budget in the amount of $15,500 from current year non budgeted revenue. Vote: Unanimous. ITEMS FROM SHERIFF A. CHANGE ORDER NUMBER 4 FOR THE PENNINGTON COUNTY JAIL ANNEX CONTRACT: MOVED by Holbrook and seconded by Trautman to approve Change Order Number 4 in the amount of $31,407.72 to J. Scull Construction. Vote: Unanimous. B. EDWARD BYRNE MEMORIAL LOCAL SOLICITATION JUSTICE ASSISTANCE GRANT OPPORUTNITY: MOVED by Trautman and seconded by Schmidt to allow the sheriff to apply for the additional grant for communication system improvements. Vote: Unanimous. ITEMS FROM BUILDINGS & GROUNDS A. FINANCIAL ASSISTANT CERTIFICATIONS AND ASSURANCES FOR USE WITH SF-424 (MIKE KUHL) (CON’T FROM 7-7-09): MOVED by Schmidt and seconded by Trautman to continue this item to the August 4, 2009 Board of Commissioners’ meeting. Vote: Unanimous. B. SURPLUS SALE/REQUEST FOR FORMAL APPROVAL: MOVED by Holbrook and seconded by Schmidt to declare all items on the presented list as surplus for the purpose of sale by auction. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. 2009 HOMELAND SECURITY GRANT FUNDS: MOVED by Holbrook and seconded by Trautman to approve the return of the portion of the 2009 HLS Grant funds to support the State digital radio upgrade. Vote: Unanimous. ITEMS FROM HIGHWAY A. RESOLUTIONS ASSIGNING RESPONSIBILITY OF CERTAIN ROADS: MOVED by Schmidt and seconded by Trautman to authorize the highway department to set a hearing date to consider a resolution to delete certain roads from the county highway system: Rapid City: Country Road, Bunker Drive, Seger Drive, a part of North Reservoir Road, Degeest Street; Box Elder: Bennett Road. Vote: Unanimous. B. STATE CONTRACT LIST – ROAD SALT: MOVED by Holbrook and seconded by Schmidt to authorize the purchase of Road Salt from Pheasant Country Express, Redfield, SD, per State Contract No. 15684. Vote: Unanimous. Chairperson Young excuses herself from the meeting due to possible conflict of interest. Commissioner Schmidt wishes to abstain from this item. C. DARK CANYON ROAD (CON’T FROM 6-16-09): MOVED by Holbrook and seconded by Schmidt to continue this item to the August 18, 2009 Board of Commissioners’ meeting. Motion to call the question. Vote: Unanimous. Vote on the Motion: Commissioner Schmidt Abstained. Unanimous. Chairperson Young returns to the meeting. FRANK BOYLE PROPERTY – EZ GLIDER BIKER PARK: MOVED by Holbrook and seconded by Trautman to allow the additional use of camping and to charge for fishing under the current Conditional Use Permit for a recreational resort, and the property owner shall provide copies of the required permits to Planning & Zoning. Vote: Unanimous. FINANCIAL INTEREST STATEMENT (CON’T FROM 7-7-09): MOVED by Trautman and seconded by Schmidt to continue this item to the August 4, 2009 Board of Commissioners’ meeting. Vote: Unanimous. COMMISSION OFFICE CENTRAL MAILROOM STATUS (CON’T FROM 6-16-09): MOVED by Holbrook and seconded by Schmidt to proceed with the purchase of a Mailroom postage machine and to keep mailroom services in-house. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to declare the Hasler Mailroom Machine (Serial # 204000477) surplus for the purpose of trade-in. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to schedule a hearing at 9:15 a.m. on August 4, 2009 to supplement (SP09-010) the General Fund Commission budget in the amount of $10,000 from the General Fund Designated Equipment Reserve. Vote: Unanimous. ITEM FROM THE BOARD OF ADJUSTMENT MOVED by Schmidt and seconded by Trautman to convene as the Board of Adjustment. Vote: Unanimous. Meeting recessed at 11:26 am Meeting resumed at 11:34 am A. VARIANCE / VA 09-11: Walter Bradsky, Fisk Land Surveying – Agent. To reduce the minimum required lot sizes from 10 acres to 3.05 acres and 7.01 acres in a Limited Agriculture District in accordance with Sections 206 and 509 of the Pennington County Zoning Ordinance. Lot 5, Aspen Estates Subdivision, Section 12, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue this item to the August 4, 2009 Board of Commissioners’ meeting. Vote: Unanimous. B. VARIANCE / VA 09-13: Jeff Saline. To reduce the minimum required side yard setback from 25 feet to 16 feet to bring into compliance an existing single-family residence and to reduce the minimum required side yard setback from 25 feet to 4 feet for the south property line and from 25 feet to 5 feet five for the west property line to bring into compliance an existing garage in accordance with Sections 207 and 509 of the Pennington County Zoning Ordinance. Lots D and E of Lot 1B of Lot 1 of NE1/4NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to accept staff recommendation to approve VA 09-13 to reduce the minimum required side yard setback from 25 feet to 16 feet for the existing single-family residence and to reduce the minimum required side yard setback from 25 feet to 4 feet for the south property line and from 25 feet to 5 feet five for the west property line for the existing garage with the following three (3) conditions: 1. That this Variance allows for the existing encroachments only and any new additions or structures must meet the minimum required setbacks for a Low Density Residential District; 2. That the address be posted at the driveway so that it is visible from both directions on Sturgis Road; 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. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to adjourn as a Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. MOVED by Young and seconded by Trautman to continue the items DISCUSSION – REGRADES AND RECLASSIFICATIONS and 2010 PROVISIONAL BUDGET UPDATES to the August 4, 2009 Board of Commissioners’ meeting. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Trautman to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. REQUEST WAIVER OF VARIANCE FEE (RAMONA STONER): MOVED by Holbrook and seconded by Kjerstad to authorize the Planning Department to waive the penalty fees of $800 for the Variance Fee for Ramona Stoner. SUBSTITUTE MOTION by Schmidt and seconded by Trautman to waive $500 of the $800 penalty fee. Schmidt withdraws the Substitute Motion. Vote on original motion: Unanimous. Commissioner Holbrook left the meeting at 11:50 a.m. ITEMS FROM PLANNING & ZONING C. SECOND READING OF REZONE / RZ 09-04: Hewey Clemmons. To rezone 13.14 acres from Limited Agriculture District to Low Density Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. MOVED by Trautman and seconded by Kjerstad to approve RZ 09-04. Vote: Unanimous. ORDINANCE NO. RZ 09-04 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Located on the following metes and bounds description: A portion of the balance of Lot Three (3) of the South One-Half of the Southwest One-Quarter (S ½ SW ¼) of Section Fourteen (14), Township One North (T1N), Range Eight East (R8E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said balance of Lot Three (3), said point being located along the north-south quarter section line and also along the southerly edge of the adjoining railroad right-of-way; thence, southerly along said quarter section line, South 00 degrees 04 minutes 53 seconds West a distance of 1,050.36 feet; thence, North 63 degrees 41 minutes 40 seconds West a distance of 205.00 feet; thence, North 84 degrees 39 minutes 26 seconds West a distance of 270.00 feet; thence, North 33 degrees 30 minutes 20 seconds West a distance of 84.00 feet; thence, North 0 degrees 00 minutes 00 seconds West a distance of 796.70 feet; thence, North 57 degrees 23 minutes 22 seconds West a distance of 117.40 feet; thence, North 03 degrees 48 minutes 46 seconds East a distance of 95.00 feet; thence, North 12 degrees 39 minutes 32 seconds West a distance of 150.00 feet more or less to a point on the north line of said Lot Three (3); thence, easterly along the north line of said Lot Three (3), South 89 degrees 55 minutes 53 seconds East a distance of 168.93 feet more or less to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining railroad right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta of 4 degrees 17 minutes 30 seconds, an arc length of 442.52 feet, and a chord bearing and distance of South 62 degrees 19 minutes 40 seconds East 442.42 feet; thence, continuing southeasterly along the southerly edge of the adjoining railroad right-of-way, South 64 degrees 28 minutes 27 seconds East a distance of 72.21 feet more or less, to the point of beginning. Said tract of land contains 13.14 acres, more or less. The above-described property is hereby rezoned from Limited Agriculture District to Low Density Residential District. Dated this 21st day of July, 2009. /s/ Brenda Young, Chairperson PENNINGTON COUNTY COMMISSION ATTEST: /s/ Lori Severson, Deputy Auditor D. LAYOUT PLAT / PL 09-16: David and Andrea Allard. To reconfigure lot lines to create Lot BR of Lot 1, Allard Subdivision and Lot 15R2, Block 5, Pine Cliff Subdivision in accordance with Section 400.1 of the Pennington County Zoning Ordinance. EXISTING LEGAL: Lot B of Lot 1, Allard Subdivision, and Lot 15R, Block 5, Pine Cliff Subdivision, all located in Section 31, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot BR of Lot 1, Allard Subdivision, and Lot 15R2, Block 5, Pine Cliff Subdivision, all located in Section 31, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-16 with the following fourteen (14) conditions: 1. That at the time of Minor Plat submittal, the applicants shall provide a site plan for each of the subject lots that shall identify all the existing structures on the lots as well as the setbacks from the lot lines and the location of the floodplain boundaries; 2. That prior to submittal of the Minor Plat, the applicant submits percolation tests and soil profile information to be reviewed and approved by the Environmental Planner for Lot 15R2 of Pine Cliff Subdivision and Lot BR of Allard Subdivision or obtain a Subdivision Regulations Variance waiving this requirement; 3. That prior to submittal of the Minor Plat, Pine Cliff Drive be improved to Local Road Standards including 66 feet of right-of-way, a 24 foot paved driving surface, curbs, sidewalks, and proper inslopes and backslopes, or else the applicant post a surety for the road improvements or obtain an approved Subdivision Regulations Variance waiving this requirement; 4. That prior to submittal of the Minor Plat, Timber Lane be improved to Local Road Standards including 66 feet of right-of-way, a 24 foot paved driving surface, curbs, sidewalks, and proper inslopes and backslopes, or else the applicant post a surety for the road improvements or obtain an approved Subdivision Regulations Variance waiving this requirement; 5. That prior to submittal of the Minor Plat, the applicant provide engineered road construction plans for both Pine Cliff Drive and Timber Road or else obtain an approved Subdivision Regulations Variance waiving this requirement; 6. That prior to submittal of the Minor Plat, the applicant improve Siding Lane to Local/Collector Road Standards, including 66 feet of right-of-way, a 24 foot paved driving surface, curbs, sidewalks, and proper inslopes and backslopes, or else the applicant post a surety for the road improvements or obtain an approved Subdivision Regulations Variance waiving this requirement; 7. That prior to submittal of the Minor Plat, the applicant provide engineered road construction plans for Siding Lane or else obtain an approved Subdivision Regulations Variance waiving this requirement; 8. That prior to submittal of the Minor Plat, Siding Lane shall be dedicated as public right-of-way or obtain a Subdivision Regulations Variance waiving the number of lots served by an access easement; 9. That prior to any work being done within the limits of the 100-year floodplain, an approved Floodplain Development Permit must be obtained; 10. 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; 11. That at the time of submittal for the Minor Plat, the plat meets all the requirements of Section 400.3 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; 12. That the detached structures including the Air Stream Camper and the covered wagon structure located on Lot BR of Lot 1, Allard Subdivision, not be used for short-term nightly and/or weekly rentals; 13. 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; and, 14. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. E. LAYOUT PLAT / PL 09-14: Ford Mountain Ranch Partnership. To create Tract A of Ford Ranch Subdivision in accordance with Section 400.1 of the Pennington County Zoning Ordinance. EXISTING LEGAL: N1/2SW1/4; SE1/4SW1/4; NW1/4SE1/4, Section 32, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract A of Ford Ranch Subdivision, Section 32, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue this item to the August 18, 2009, Board of Commissioners’ meeting. Vote: Unanimous. F. LAYOUT PLAT / PL 09-17: William and Kandrus Turner. To reconfigure lot lines to create Lots 7BR and 8BR of Elkhorn Mountain View Estates in accordance with Section 400.1 of the Pennington County Zoning Ordinance. EXISTING LEGAL: Lot 6-B, Lot 7-B, and Lot 8-B of Elkhorn Mountain View Estates, Section 32, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 7BR and 8BR of Elkhorn Mountain View Estates, Section 32, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-17 with the following eleven (11) conditions: 1. That prior to approval of the Minor Plat, the proposed lots either be rezoned to Suburban Residential District or else the applicant obtains Lot Size Variances to reduce the minimum lot size requirement in a General Agriculture District; 2. That eight (8) foot utility easements be dedicated on the interior sides of all lot lines on the Minor Plat and a non-access easement be dedicated along the entire east property line of both of the proposed lots adjoining the Old Hill City right-of-way on the Minor Plat or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 3. That a Warranty Deed be recorded at the Register of Deeds removing Robert V. and Genevieve H. Brechtel as legal owners of Lot 8-B prior to approval of the Minor Plat or else Robert V. and Genevieve H. Brechtel continue to be considered legal owners of Lot 8-B, in which they must sign the Minor Plat application and an owner’s signature block must be included on the Minor Plat for them to sign; 4. That the word “formerly” be included in the Minor Plat heading to differentiate the old (existing) legal description from the new (proposed) legal description; 5. That the Minor Plat be drawn in accordance with the requirements of Section 400.3 of the Pennington County Subdivision Regulations, including all certifications with the exception of Section 400.3–n-10. Certificate of Planning Director; 6. That prior to County Board approval of the Minor Plat, the applicant improve Ford Mountain Court to Suburban Residential District Local/Collector Road Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 7. That prior to County Board approval of the Minor Plat, the applicant provide engineered road construction plans for Ford Mountain Court or else obtain an approved Subdivision Regulations Variance waiving this requirement; 8. That prior to County Board approval of the Minor Plat, the portion of the existing driveway traversing over the drainfield servicing the residence on existing Lot 6-B be abandoned and a new approach and driveway be constructed within the boundaries of the proposed 40-foot-wide access easement to provide access to proposed Lot 7BR; 9. That an approved Approach Permit be obtained from the Pennington County Highway Department for the new approach to be constructed prior to County Board approval of the Minor Plat; 10. That an as-built drawing of the existing driveway be provided by the applicant at the time of Minor Plat submittal if access easement alternatives are to be considered; and, 11. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. G. LAYOUT PLAT / PL 09-12 AND SUBDIVISION REGULATIONS VARIANCE / SV 09-04: Terry Sayler (NMMC, Inc.); Fisk Land Surveying – Agent. To subdivide 10 acres to create Lots A and B of Miller Subdivision No. 2 and to waive road improvements and platting requirements in accordance with Section 400.1 of the Pennington County Zoning Ordinance. EXISTING LEGAL: The North 330 feet of NW1/4SW1/4, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots A and B, Miller Subdivision No. 2, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue this item to the August 4, 2009, Board of Commissioners’ meeting. Vote: Unanimous. H. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 08-07: Robert and Susan Duncan/Talking Leaves Boutique. To review a Planned Unit Development Amendment to allow for an illuminated, on-premise sign and to reduce the front-yard setback requirement for an on-premise sign in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot B of Lot 1 of Lot C of Lot 8 of Lot E; Lot 2 of Lot C of Lot 8 of Lot E; and the unplatted portion of Lot C of Lot 8 of Lot E, Big Bend Placer MS 1442, Section 8, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue this item to the August 18, 2009, Board of Commissioners’ meeting. Vote: Unanimous. I. PLANNED UNIT DEVELOPMENT REVIEW / PU 06-07: Black Hills Resorts, Inc. (Cimarron Park); Art Janklow – Agent. To review a Planned Unit Development to allow a mobile home park in accordance with Section 213 of the Pennington County Zoning Ordinance. Tract C of Lot B of NE1/4 NW1/4 less Pengra Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Trautman to accept Planning Commission recommendation to approve PU 06-07 with the following nineteen (19) conditions: 1. That the PUD has a maximum of 51 mobile home spaces, one duplex, two stick-built structures and a total of 75 storage units; 2. That each mobile home space be allowed one mobile home, manufactured home or modular home (single-wide or double-wide); 3. That the mobile homes shall have a minimum 20-foot separation between units; 4. That decks and/or porches be allowed as accessory structures to each mobile home; 5. That the mobile homes shall have a minimum front yard setback of ten (10) feet from all access roads within the mobile home park and a setback of twenty-five (25) feet from exterior property lines; 6. That the mobile homes maintain a minimum ten (10) foot rear yard and side yard setback from interior lot lines; 7. That each mobile home space have a minimum of two (2) off-street parking spaces, and that each parking space shall not be less than nine (9) feet by eighteen (18) feet, surfaced with gravel, concrete or asphalt and maintained in such a manner that no dust will result from continuous use; 8. That 13 visitor parking spaces are provided. Each space must measure a minimum of nine (9) feet by eighteen (18) feet, be surfaced in gravel, concrete or asphalt and maintained in a dust free manner; 9. That a Building Permit shall be obtained for the removal or placement of mobile homes or manufactured homes on the property; 10. That a Building Permit be obtained for structures exceeding 144 square feet or located on a permanent foundation which will require a site plan to be reviewed and approved by the Planning Director; 11. That the mobile home park be provided with an on-site management office; 12. That all the interior streets shall be a minimum of 25 feet in width and surfaced with gravel, concrete or asphalt and maintained in a dust free manner as required by Section 305; 13. That prior to the placement of mobile homes or any other structures within the 100-year floodplain, a Floodplain Development Permit shall be submitted for review and approval; 14. That prior to any repair or replacement of the wastewater disposal system, the S.D. Department of Environment and Natural Resources and the Pennington County Environmental Technician shall review and approve the work and a Floodplain Development Permit shall be obtained for any work within the 100-year floodplain; 15. That the storage units be used exclusively for storage and not retail business activities; 16. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance #20 and that the few remaining unaddressed mobile homes have proper address information posted within 30 days of approval of the extension of this PUD; 17. 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; 18. That the first 100 feet off of Sturgis Road be continually hard surfaced; and, 19. That this PUD be reviewed in two (2) years or upon a complaint basis. Vote: Unanimous. J. LAYOUT PLAT / PL 09-15: Kenneth Burnham. To create Tract 1 and Tract 2 of Burnham Subdivision in accordance with Section 400.1 of the Pennington County Zoning Ordinance. EXISTING LEGAL: Tract A (also in Sections 2, 3 of 1S-5E), MS #1250 Subdivision, Section 34, T1N, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 1 and Tract 2 of Burnham Subdivision, Section 34, T1N, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to accept Planning Commission recommendation to approve PL 09-15 with the following thirteen (13) conditions: 1. That at the time of Preliminary Plat submittal, engineered road construction plans be submitted for Wrinkle Valley Road, the north 25 foot private access easement and Camp 15 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 the proposed Lots to be reviewed and approved by the Environmental Planner or obtain approval of a Subdivision Regulations Variance waiving this requirement; 3. That Wrinkle Valley Road, Camp 15 Road and the 25 foot private access easement be widened to a 66 foot right-of-way or obtain approval of a Subdivision Regulations Variance waiving this requirement; 4. That prior to submitting the Final Plat, Wrinkle Valley Road, the north 25 foot private access easement and Camp 15 Road be improved to Local Road Standards, submit a surety for the improvements or obtain approval of a Subdivision Regulations Variance waiving this requirement; 5. That a turn-around be constructed at the end of Wrinkle Valley Road and the 25 foot private access easement in accordance with Table 1 of the Pennington County Subdivision Regulations or obtain approval of a Subdivision Regulations Variance waiving this requirement; 6. That at the time of submittal of the Preliminary Plat, the applicant submits topography at 5 foot contour intervals or obtain approval of a Subdivision Regulations Variance waiving this requirement; 7. That at the time of submittal of the Preliminary Plat, the applicant must submit information in regards to water supply; 8. That the Final Plat have a statement as follows: “Prior to applying for a Preliminary Plat, the applicant must provide adequate percolation test results, which include eight (8) foot soil profile information for each lot;” 9. That at the time of Preliminary Plat submittal, the applicant submits a Fire Mitigation Plan or obtain approval of a Subdivision Regulations Variance waiving this requirement; 10. That prior to any work being conducted within the 100-year floodplain, a Floodplain Development Permit be obtained; 11. That no access be taken directly from Highway 385 and a non-access easement be located along Highway 385; 12. That if the applicant does not intend to utilize the 25 foot private access easement located at the very northwest corner of the property, a non-access easement be located along the easement; and, 13. That prior to filing the plat with Register of Deeds, both proposed lots be rezoned to Low Density Residential District or obtain approval of Lot Size Variances. Vote: Unanimous. K. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-02: Pennington County. On-Site Wastewater Systems. MOVED by Schmidt and seconded by Kjerstad to continue this item to the October 6, 2009, Board of Commissioners’ meeting. Vote: Unanimous. L. 319 GRANT PROPOSAL-CLEAN WATER: MOVED by Schmidt and seconded by Trautman to form a committee to determine whether to hire a consultant and/or to get a grant written. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2(1)(3) PERSONNEL MOVED by Schmidt and seconded by Trautman to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:15 p.m. until 1:22 p.m. MOVED by Schmidt and seconded by Kjerstad to adjourn from Executive Session. Vote: Unanimous. PERSONNEL Sheriff: Effective July 6, 2009, Richard Shelatz, $16.15/hr; Karla Wilson, $2,539; Effective June 22, 2009, Morgan Graves, $10.00/hr; Effective June 30, 2009, Berlene Pfenning, $16.15/hr; Effective June 10, 2009, Sally Munger, $960/month June & July; Effective July 20, 2009, Thomas Stewart, $1,600/month July & August; Effective July 15, 2009, Mary Hopkins, $2,574; Effective July 1, 2009, Rob Hall, $3,577.75. VOUCHERS A & A Property Management, 240.00; A & B Business Equipment, 355.81; A & B Welding Supply Co, 707.39; A To Z Shredding Inc, 455.55; Abrahamson, Ricky, 218.45; Action Mechanical Inc, 261.51; Advanced Drug Testing Inc, 36.00; Advanced Security Product, 809.23; Albertson Engineering Inc, 2,390.00; Alexander, Dawn, 21.46; American Correctional, 2,709.12; American Health Care Sup, 180.41; American Hotel Rgstr Co, 685.86; American Institutional, 499.96; American Planning Assoc, 155.00; Americinn Motel, 2,280.00; Amerigas, 67.36; Anders, Irene, 45.60; Anderson, Daniel, 20.00; Angerame, Annette, 21.60; Arc International, Inc, 1,511.50; Audio Video Solutions, 240.65; Austin, Katelyn, 20.00; Badlands Automotive, 1,149.89; Ballinger, Kay, 20.00; Banks, Bridgette R, 519.60; Bargain Printing, 353.50; Barnier, Greg, 2,669.00; Barrier 1, 5,625.00; Behavior Management, 55,179.32; Beshara, Mamie, 5.18; Best Business Prdcts Inc, 2,172.13; Best Western Ramkota Inn, 685.98; Bexar Co Criminal, 37.00; BH Chemical Company Inc, 3,065.05; BH Neurology, 390.66; BH Orthopedic &, 3,144.77; BH Pediatrics, 1,682.90; BH Pest Control, Inc, 255.00; BH Power Equipment Inc, 320.41; BH Power Inc, 659.52; BH Powersports, 33.96; BH Services Inc, 526.34; BH State University, 658.65; BH Surgery Center, 2,440.92; BH Surgery Center, 263.86; BH Wilbert Vault, 590.00; Biberdorf, Brenda, 175.78; Bierschbach Equipment, 52.50; Big D Oil Co, 52.50; Blake's Trailer Sales, 880.00; Bob Bak Construction, 12,000.00; Bob Barker Company Inc, 2,417.46; Borders, Inc, 250.00; Bowman Tire & Auto Repair, 108.42; Box Butte Co Sheriff, 21.48; Bradford, Rodney, 20.00; Brevik Law Office Prof Ll, 385.24; Brink-Gluhosky, Michele, 40.50; Brown's Small Engine Rep, 128.38; Brownells, Inc, 2.87; Business Equip Finance, 427.19; C & H Distributors Llc, 178.41; Caldwell Commercial Real, 288.00; Cardiology Associates, Pc, 296.36; Career Learning Center, 180.00; Carlson, Jean, 70.80; Carol Butzman Consulting, 7,521.45; Carpetmart, 9,341.00; Carquest Auto Parts, 794.88; Cat's Cleaning, 40.00; CBM Food Service, 34,445.37; Charm-Tex, Inc, 245.63; Chemsearch, 3,134.89; Chris Supply Co Inc, 143.99; City Of Rapid City, 21,813.31; City Of Rapid City -Water, 1,405.82; Clark, Tana, 297.42; Coca-Cola Bottling Co Of, 336.16; Colhoff-Glover, Linda, 24.00; Communication Services, 67.50; Communications Cntr, Inc, 449.00; Community Health Center, 921.97; Contractors Insulation, 190.98; Contractors Supply, 335.50; Copy Country, 1,610.50; Costello, Porter Et Al, 1,431.47; Countryside Prop Mgmt Inc, 860.00; Crescent Electric Supply, 509.99; Crum Electric Supply, 890.60; Custer County Sheriff, 10.00; Dakota Business Center, 744.82; Dakota Plains Legal Srvs, 15,500.00; Dakota Radiator, 80.00; Dakota Supply Group Inc, 257.76; Dakotaland Autoglass Inc, 170.00; Dale's Tire, 964.49; Dalton, Dawn, 107.14; Datel Software Solutions, 267.00; Davis, Kathy, 1,059.60; Days Inn - Laramie, 616.77; De's Oil & Propane, 33.10; Dennis Supply, 335.83; Dept Of Social Services, 54.14; Diagnostic Imaging, 144.50; Diamond Pharmacy Services, 23,139.61; Diamond Vogel Paint Cntr, 102.07; Dietrich, Donna, 740.36; Dillon Law Office, 1,701.50; Dlorah, Inc, 675.00; Dodge Town Inc, 67.02; Eastern Penn Conservation, 8,675.00; Eddie's Truck Sales, 5,584.88; Environmental Chemical, 1,171.98; Ergometrics, 75.00; Evans, John, 8.00; Evergreen Office Products, 137.73; Executive Mgmt Fin Office, 296.71; Exxon Mobil Fleet, 107.58; Exxon Mobil Fleet, 211.32; Family Thrift Center Inc, 86.97; Farmer Brothers Coffee, 278.76; Fastenal Company, 152.67; Feehan & Cline, Pc, 1,148.00; Fire Findings, 92.00; Flooring America, 395.00; Foothills Seed Inc, 1,598.50; Fox, Youngberg & Lewno, 172.66; Fremont Industries Inc, 1,798.45; French, Jean M, 351.00; Frontier Auto Glass, Llc, 35.00; G & H Distributing - Rc, 394.85; G4S Justice Services, Inc, 1,215.81; Geib, Elston, Frost PA, 6,295.82; Global Equipment Company, 268.95; Glock Inc, 271.00; Godfrey Brake Service, 1,320.57; Golden West Companies, 84.11; Golden West Technologies, 1,495.26; Goldstar Products, Inc, 2,834.85; Govconnection Inc, 186.90; Governors Inn, 280.00; Graffitti's Car Wash, 12.58; Great Western Tire Co Inc, 1,880.14; Gregory, Robin, 285.20; Grimm's Pump Service Inc, 332.88; Grode, William R, 512.84; Guffey, Scott, 66.00; Gunderson,Palmer,Goodsell, 291.70; Gustave A Larson Company, 2,222.90; Hagen Glass Company, 100.00; Harms Oil Company, 34,562.39; Harveys Lock Shop, 54.52; Hasler Inc, 228.00; HBD, Inc, 1,337.50; Heartland Paper Company, 4,138.20; Hein, Cheryl, 805.00; Herd's Ribbon & Laser, 2,808.25; Hewlett-Packard, 3,221.00; Hill City Public Library, 6,051.25; Hills Materials Co, 264,300.65; Hillyard/Sioux Falls, 148.00; Hobart Sales & Srvc Inc, 62.50; Hocking, Scott, 9.60; Hodges Badge Co, Inc, 498.51; Hoffman, Fredrick Dustin, 2,485.00; Holcomb, Linda, 25.00; Honeywell, Inc, 2,278.88; Hughes Electric, 158.49; Humane Society Of The BH, 3,500.00; IC Solutions, 290.25; Icehouse/Artic Glacier, 67.40; Ikon Office Solutions, 145.41; Image Up Creative, 2,714.72; Impressions Rubber Stamp, 99.82; Indoff Inc, 1,950.09; Industrial Supply Co Inc, 16.50; Information Technology, 7,494.73; Insight Public Sector, 492.97; Interstate All Battery, 286.49; Interstate Batteries, 97.95; Intoximeters Inc, 3,171.65; J & J Asphalt Co, 5,472.36; Jefferson Partner Lp, 598.68; Jenner Equipment, 721.27; Jensen, Dee, 329.40; Jimmy John's Catering, 136.87; Jj's Engraving & Sales, 14.50; Johnson Controls, 13,001.48; Johnson Machine Inc, 1,454.06; Johnson's Carpet, 775.00; Johnson, Miner, Marlow,, 156.23; K-Mart, 253.47; Kappedal, Jean, Csr, 446.25; Karl's Appliance, 349.00; Kelly Inn-Sioux Falls, 139.50; Kelly Services Inc, 1,274.90; Kennedy, Rokahr, Pier, 349.80; Keystone City Hall, 2,187.50; Kieffer Family Dental, 1,752.58; Kienzle, Vern, 350.00; Kimball Midwest, 271.19; King Environmental Prod., 2,151.52; Kistler, Harvey, 396.00; Kjerstad, James, 1,016.39; Knecht Home Center Inc, 688.60; Knollwood Development Lp, 527.00; Knollwood Townhouse, 172.00; Knology, 1,325.46; Kone Inc, 4,803.12; Kooistra, Nelva, 60.00; Kreisers, Inc, 55.20; Kruse, Brittany, 30.00; Ksl Corporation(Atty Fees, 1,631.80; Kt Connections, 239.00; Language Line Services, 100.02; Lawson Products Inc, 225.93; Lewis & Clark Mental, 284.00; Lewis Kirkeby & Hall, 475.00; Lincoln County Auditor, 262.31; Linweld, 318.94; Little Print Shop Inc The, 78.39; Looyenga, Robert W, Dr, 350.00; Lowe's Cobra, Key, 2,315.26; Manlove Psychiatric Group, 541.68; Mattson-Casteel, Cathy, 3,341.65; Maxon, Theresa, 455.00; McGowan, Wendy T, 2,374.84; McKie Ford Inc, 94.99; McLeod's Printing Inc, 281.28; Meade County Auditor, 220.00; Medical Waste Transport,, 64.80; Medicap Pharmacy - St Pat, 3,777.19; Medline Industries Inc, 1,066.22; Menards, 265.73; MG Oil Company, 1,094.91; Midwest Marketing Llc, 60.00; Mikelson Law Offices, 815.64; Montana Dakota Utilities, 31.89; Montgomery, Cecilia, 20.00; Moore Medical Corp, 2,654.26; Moran, Patty, 1,085.00; Morse Watchmans Inc, 305.00; Motive Parts & Supply Inc, 595.02; Motorola Inc - Chicago, 1,704.00; Moyle Petroleum, 11,301.21; Mro Corporation, 151.54; Mt Plains Evaluation Llc, 130.00; Naed, 100.00; Nat'l American University, 619.73; Neve's Uniforms Inc, 8,402.09; New World Systems, 150.00; Newkirk's Ace Hrdwre-East, 915.09; Newkirk's Ace Hrdwre-West, 229.48; North Central Supply Inc, 370.00; Northern Truck Equipment, 282.90; Northwest Pipe Fitting In, 174.00; O'Day, Valarie, 84.60; Occupational Health Netwk, 50.00; Officemax Incorporated, 242.90; Olson Towing Ii, 72.50; Overhead Door Co Of Rc, 262.40; Pacific Steel & Recycling, 522.90; Paradis Properties Llc, 355.00; Parks, Ashlie, 60.00; Parkway Spotless Car Wash, 39.95; Payflex Systems Usa,Inc, 370.99; Penn Co Extension, 57.36; Penn Co Highway, 109.98; Penn Co JSC, 60.62; Penn Co Juv Diversion, 96.20; Penn Co Public Defender, 64.00; Penn Co Sheriff, 2,100.75; Penn Co States Atty, 326.23; Penn Co Treasurer, 43.44; Pennington County Courant, 1,455.94; Pennington Title Company, 225.00; Pete Lien & Sons Inc, 1,150.43; Peterson, Matthew J, 100.00; Phelps, Terri, 600.00; Philip Health Services In, 70.00; Piedra, Arlene, 20.00; Pioneer Enterprises Inc, 8,880.60; Pleasant Hill Village Apt, 199.00; Ponderosa Sportswear, 91.07; Powder River Office, 1,443.41; Power House Honda, 65.91; Prairie Tree Consolidated, 165.00; Preferred Systems Maint., 243.24; Presco Sales & Services, 11,896.00; Promo Direct, 998.97; Pruss, Tina, 906.70; Psi Health Care Inc, 15.00; Psychological Evaluations, 390.00; Quality Transmissions Inc, 337.14; Quantum Labs Inc, 139.40; Quill Corporation, 871.87; Racicky Plumbing &, 4.65; Radiology Associates, 439.42; Radisson Hotel, 1,260.00; Rangel, Elisa, 300.00; Rapid Chevrolet Co Inc, 931.23; Rapid Collision, 602.00; Rapid Fire Protection Inc, 484.50; Rapid Leasing, 367.60; Rapid Rooter, 55.00; Rapid Taxi Inc, 6.05; RC Emergency Services, 1,359.78; RC Journal (OH), 180.00; RC Journal (SD), 5,516.17; RC Medical Center, 655.41; RC Medical Center, 1,267.50; RC Police Department, 282.53; RC Police Dept-Evidence, 1,897.00; RC Regional Hospital, Inc, 42,018.76; RC Regional Hospital, Inc, 694.00; RC Regional Hospital, Inc, 440.20; RC Winair, 106.91; RC Winnelson, 2,409.32; RDO Equipment Co, 2,040.65; Record Storage Solutions, 1,169.72; Redi Controls, Inc, 290.21; Redwood Biotech, Inc, 4,064.74; Redwood Toxicology, 132.00; Regional Behavioral, 633.46; Regional Health, 92.00; Rehfuss, Cathryn, 60.00; Reliable Office Products, 678.83; Reliance Telephone, Inc, 5.59; Rensch Law Office, 799.61; Reuer, Allen, 1,855.00; Rhodes Chemical Of The BH, 114.00; Richards, Sharon, 20.00; Rittberger, Shannon, 396.00; Robertson, Craig, 900.00; Robinson Textiles, 1,473.96; Rushmore Communications, 100.00; Sandberg, Ann G, 730.00; Sandtrap, 100.85; Sanford Laboratories, 436.08; Schneller, John Dr, 1,181.25; School Specialty, 1,645.83; Schuetzow, Christopher, 20.00; Schuft, Scott, 630.70; Schweiger, Todd, 474.01; SD Dept Of Health, 7.00; SD Dept Of Revenue, 231.00; SD Dept Of Transp-Finance, 14,483.34; SD Div Of Motor Vehicles, 9.00; SD Federal Prop Agency, 230.25; SD Human Services Center, 500.00; SDACC, 160.00; SDEMA, 60.00; SDSU Extension Service, 48.30; SDSU Revolving 3c6899, 30.00; Serenity Springs, 1,450.00; Servall Uniform/Linen Co, 3,308.11; Sheehan Mack Sales, 73.29; Shepherd Reporting LLC, 25.00; Sherwin Williams Paints, 176.69; SHI Interntational Corp, 3,585.40; Simon Contractors, 1,921.50; Simpson's Printing, 152.50; Skinner, Matthew L, Pc, 609.69; Slowey, Yavonne, 225.00; Smoot & Utzman, 301.75; Snap-On Tools - Biers, 86.92; Sorenson, Jody, 94.40; South Dakota Rose Inn, 640.00; Southern Hills Publishing, 717.47; Spangler-Blair, Mary, 120.00; Springer, Casey, 20.00; Stanage, Ryan, 240.00; Stonefield, Michael, 98.40; Struwe, Carol, 750.00; Sturdevant's Auto Parts, 1,085.53; Summit Signs & Supply Inc, 310.80; Sundby, John D, 300.00; Swanson Services Corp, 441.25; Sybert, Kasey, 20.00; Sysco Food Services, 590.77; Technology Center, 510.45; Thompson, Michael, 918.00; Tillett, Dave, 20.00; Time Equip Rental & Sales, 144.05; Timekeeping Systems, Inc, 1,307.23; Tire Muffler Alignment, 249.67; Tlc Electric, Inc, 40.80; Tow Pros, 60.00; Tri-State Transportation, 80.00; Tschetter And Adams Law, 515.27; Twilight First Aid &, 254.75; Twl Billing Service &, 434.50; Tyler Technologies, 11,550.00; United Rentals, 120.58; US Postal Service, 2,657.31; USD School Of Law, 48.00; Vacaville Police Depart, 758.45; Vanway Trophy & Awards, 100.70; Vargas, Joe, 20.00; Verizon Wireless, 144.06; Verizon Wireless, 41.76; Walker Napa Auto Parts, 486.54; Wall Building Center, 115.26; Wall Community Library, 3,623.75; Warne Chem & Equip Co Inc, 50.80; Watertree, Inc, 5,096.20; Weichmann, Cynthia, 1,202.85; Wessel, Al Jr, MD, 4,741.39; West Payment Center, 4,855.60; West River Electric, 72.76; West River Intrntnl Inc, 2,059.61; Western Communication Inc, 2,569.00; Western Dakota Insrs Inc, 200.00; Western Mailers, 41.73; Western Stationers Inc, 7,550.78; Whisler Bearing Co, 397.68; Whiting, Marcia, 196.80; Winner Police Dept, 198.00; Winter, Paul R, 901.32; Wolf, Ione, 564.50; Wonderlic, Inc, 1,743.00; Wood, Kraig, 272.12; Work Warehouse, 50.86; Working Against Violence, 6,400.00; Wright, Eddie, 20.00; Wright, Wayne, 20.00; Wyn Rentals, 200.00; Yankton Co Sheriff Office, 100.00; Yankton County Treasurer, 726.25; Ziggy's, 410.71; Zoller, Amy, 991.80; ADJOURN There being no further business, the meeting was adjourned at 1:22 p.m. Julie A. Pearson, Auditor Published once at the total approximate cost of _______________. Publish: August 5, 2009 July 21, 2009 1