HBI HBI

Legals
Legals 6/24

June 24. 2009 6:00AM
Summons
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
DIV. 09-311
SUMMONS
JENNY P. MEDINA,
PLAINTIFF
vs.
MARK EDWIN MEDINA,
DEFENDANT.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and requested to serve upon Plaintiff’s attorney an Answer to the Complaint which was on the 1st day of June, 2009 filed in the office of the clerk of the Circuit Court of the Second Judicial Circuit at Sioux Falls in and for the County of Minnehaha, State of South Dakota, within thirty (30) days after service of this Summons upon you, exclusive of the date of such service. If you fail to do so, Judgment by Default will be taken against you as requested in the Complaint for Divorce, after sixty (60) days have elapsed from the service of this Summons and Complaint upon you.
NOTICE:
South Dakota Law provides that upon the filing of a Complaint for divorce or separate maintenance and upon personal service of the Complaint and Summons on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final Decree is entered, the Complaint is dismissed, or until further order of the Court. Either party may apply to the Court for further temporary orders, modification or revocation of the Order.
TEMPORARY RESTRAINING ORDER
BY ORDER OF THE COURT, YOU AND YOUR SPOUSE ARE:
1. Restrained from transferring, encumbering, concealing or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an Order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the Temporary Restraining Order is in effect;
2. Restrained from molesting or disturbing the peace of the other party;
3. Restrained from removing any minor child of the parties from the state without the written consent of the other party or an Order of the Court.
Dated this 1st day of June, 2009.
/S/ Caryl H. Abbott
Caryl H. Abbott
Attorney for Plaintiff
1401 E. Rushmore
P.O. Box 650
Brandon, SD 57005
Phone: 605-582-6075
C-6/1-7/1 Medina Ad#1212784

Brandon
BRIEFING MEETING MINUTES
The Brandon City Council met in a briefing session at 5:30 p.m. on June 11, 2009 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Mindy Hansen, Blaine Jones, Brett Karber, Dan Mostek, and Mayor Larry Beesley. Others present were: City Attorney, Lisa Marso; City Engineer, Jon Brown, Stockwell Engineers, Inc.; City Administrator/Finance Officer, Dennis E. Olson; Assistant City Administrator, Nick Lanning; Building Inspector, Dave Swier; Public Works Director, Wayne Fletcher, Director of Human Resources, Dan Oakland; and Police Chief David Kull. Absent Roger Brooks and Don Hammond.
The Council discussed the items on the agenda for the upcoming June 15, 2009 regular Council meeting. No formal action was taken.
At 6:40 p.m., having no further business, Mayor Beesley declared the briefing meeting ended.
Larry D. Beesley
Mayor
Dennis E. Olson
Municipal Finance Officer
REGULAR MINUTES
The Brandon City Council met in regular session at 6:00 p.m. on June 15, 2009 in the Council Chambers at 308 Main Avenue, Brandon, South Dakota. Present were Roger Brooks, Don Hammond, Mindy Hansen, Blaine Jones, Brett Karber, Dan Mostek and Mayor Larry Beesley.
Others present were: City Administrator, Dennis Olson; Assistant City Administrator, Nick Lanning; City Attorney, Lisa Marso; City Engineer, Jon Brown, Stockwell Engineers, Inc.; Director of Human Resources, Dan Oakland; Police Chief David Kull; Public Works Director, Wayne Fletcher; and Building Inspector, Dave Swier.
Alderman Brooks moved Alderman Jones seconded to approve the agenda as presented. Motion carried.
Alderman Brooks moved Alderman Mostek seconded to approve the minutes of the May 28, 2009 briefing meeting and the June 1, 2009 regular meeting. Motion carried.
Alderman Mostek moved Alderman Karber seconded to approve the following claims. Motion carried.
VENDOR, DESCRIPTION, AMOUNT: A & B Business, Copies, 196.04; A-1 Septic Tank, GC Repairs, 250.00; All Star Pro Golf, Pro Shop resale, 99.57; Alliance Communications, Utilities, 2,129.77; Alternative HR Development, HR Services, 2,060.00; A-Ox Welding Supply, Street Rental, 9.00; Argus Leader, Publications/Advertising, 4,460.66; Beal Distributing, GC Resale, 3,818.65; Bioverse, Inc, GC supplies, 800.00; Blaines, Tire Repairs, 30.00; Brandon Lumber, Park Supplies, 800.19; Brandon Materials Company, Street Supplies, 255.00; Brandon True Value, Various Dept Supplies, 2,059.13; Brandon Volunteer Fire Dept, 1/2 Support Commitment, 29,465.00; Brown & Saenger, Various Dept Supplies, 633.91; Builders Supply Company, Park McHardy Concess Bldg, 1,020.00; BV Area Chamber of Commerce, Golf Outing, 300.00; BV School District, Fuel, 2,644.27; BV School District, Tennis Court Restroom Facility, 16,500.00; Campbell’s Supply, Various Dept Supplies, 1,092.48; Carousel Skate, Summer Rec Field Trip, 276.25; Cartridge World, Police Supplies, 124.64; Christina Smith, Travel Expense, 276.79; CJ & Company, Govt Bldg Supplies, 132.72; Clearview Windshields, Police Repairs, 100.00; Coffee Cup, Fuel, 38.00; Construction Products & Consultants, Street Supplies, 76.16; Crescent Electric Supply, GC supplies, 30.50; Dakota Beverage, Lounge May Bills, 3,377.60; Dakota Pump & control, Water Supplies, 129.81; DirecTV, Monthly Service, 31.19; Division of Motor Vehicles, Police Vehicle Plates, 13.00; ELAN Cardmember Services, Various Dept Supplies, 5,851.25; EnviroMaster, GC supplies, 150.27; Essem Refrigeration, Lounge Repairs, 172.00; Express Way, GC supplies, 12.14; Farmer Brothers Coffee, Lounge Coffee, 70.58; G & K Services, Linens for GC, 1,504.00; Garretson Sportmen’s Club, Police Membership, 500.00; Geotek Engineering & Testing, Bethany Meadows, 2,233.90; Gerry’s Concrete Comp, Aspen Park & Storm Dr, 10,270.32; Grainger, Street Supplies, 44.48; Hach Company, Water Chemicals, 42.95; Health Works, Preemployment Screening, 111.00; Hunsley Bros Painting, Golf Course Improvements, 6,250.00; Jack’s Uniforms & Equip, Police Uniforms, 8.99; Jennifer Malsam, Swim Lesson Refund, 25.00; Johnson Brothers Famous Brands, GC Resale, 1,108.65; Josten Concrete Products, Bus Barn Materials, 30.00; Kaschmitter Appraisals, Bus Barn Appraisals, 500.00; Lacey’s Chemical Restrooms, Park/GC Rentals, 558.00; Locators & Supplies, Park Supplies, 114.56; Marv’s Sanitary Service, Utilities, 452.50; Metro Communications, Police Repairs, 10.00; MidAmerican Energy, Utilities, 973.99; Midwest Golf Car, GC Grounds Repair, 266.80; Mills & Miller, Street Supplies, 3,751.20; Myrl & Roy’s Paving, Street Supplies, 1,400.31; Newman Traffic Signs, Traffic supplies, 96.45; Nick Lanning, Pool Cash Register Refund, 100.07; Northern Water Works Supply, Water Meter Supplies, 4,606.97; Oakridge Nursery & Landscaping , GC Grounds & Park Supplies, 814.91; One Call Systems, May locate tickets, 173.80; P2 Emulsions, Street Supplies, 3,793.80; Palisades Oil, Fuel, 1,483.79; Pepsi Americas, Lounge Pop, 2,069.92; Performance Press, VFW Name Tags, 415.52; Phoenix Distributors, Police Equipment, 1,015.00; Pitney Bowes, Postage, 499.48; Pitney Bowes Lease Acct, Machine Lease, 177.00; Pizza Ranch, Summer Rec Supplies, 49.50; Professional Mailing & Marketing, May Billing Processing, 805.68; Queen City Wholesale, Lounge Food, 784.70; Recreation Supply Comp, Pool Supplies, 53.32; Reiter Enterprises, GC Rental & Police Repairs, 1,850.00; Republic National Distributing Comp, GC Resale, 1,062.18; Sam’s Club, Various Dept, 4,672.04; Schuneman Equip, GC Repair, 211.50; SD Dept of Rev, May Sales Tax, 12,205.77; Second Chance Rescue Center, April Calls, 290.00; Sioux Empire Chapter, Pool CPR Training, 67.00; Sisson Printing, Police/GC Supplies, 394.55; Soo Sanitary Trenching & Backhoe, Hemlock Construction, 156.00; Stockwell Engineers, Various Projects, 70,219.59; Sturdevant’s Auto Parts, Various Dept Supplies, 966.29; Sunshine, Various Dept Supplies, 2,166.85; Tara Fastert, Pool CPR Recert Training, 343.23; The New Sioux City Iron Company, Park Supplies, 230.00; Thompson Cigar Comp, Pro Shop resale, 196.50; Titan Machinery, Street Supplies, 119.33; Titleist, Pro Shop resale, 4,053.19; Tony’s Catering, GC Receptions, 8,100.25; US Food Service, Lounge Food, 4,286.04; US Postmaster, May Billing Postage, 1,124.58; Valley Springs Farmers Coop, Grass Seed for Drainage, 48.72; VFW Post 4726, Flags & Sr Citizens Support, 1,860.00; Wittek Golf Supply, Pro Shop Supplies, 112.41; Xcel Energy, Utilities, 4,990.56; First National Bank, Water Treatment Plant, 43,926.94; Yamaha Motor Corp, Golf Carts, 2,511.10; City Administration, June 11, 2009 Payroll, 3,504.44; Deputy Finance Officer, June 11, 2009 Payroll, 1,914.63; Government Building, June 11, 2009 Payroll, 96.89; Police, June 11, 2009 Payroll, 16,346.30; Building Inspections, June 11, 2009 Payroll, 2,526.24; Street Department, June 11, 2009 Payroll, 6,517.44; Summer Rec Dept, June 11, 2009 Payroll, 854.23; Pool , June 11, 2009 Payroll, 11,266.33; Park Department, June 11, 2009 Payroll, 6,134.62; Chamber of Commerce, June 11, 2009 Payroll, 1,061.20; Water Department, June 11, 2009 Payroll, 4,966.95; Sewer Department, June 11, 2009 Payroll, 2,013.22; Golf Course Grounds, June 11, 2009 Payroll, 6,564.52; Golf Course Lounge, June 11, 2009 Payroll, 4,046.95; Golf Course Pro Shop, June 11, 2009 Payroll, 5,170.26; Golf Course Community Room, June 11, 2009 Payroll, 3,679.73; 941 Payroll Taxes, June 11, 2009 Payroll, 21,179.41; OFC/Child Support Enforcement, June 11, 2009 Payroll, 87.46; SD Retirement System Supplemental, June 11, 2009 Payroll, 255.00; TASC Flex Plan, June 11, 2009 Payroll, 1,739.46; Johnson, Rodenburg & Lauinger, June 11, 2009 Payroll, 65.00
Alderman Karber moved Alderman Brooks seconded to approve the second reading of Ordinance #451 TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR 2009. A roll call vote showed Brooks, Hammond, Hansen, Jones, Karber, and Mostek voting aye. Motion carried
Alderman Brooks moved Alderman Karber seconded to approve the second reading of Ordinance # 452 TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA, ADOPTING THE REVISED OFFICIAL ZONING MAP FOR THE CITY OF BRANDON, SOUTH DAKOTA. A roll call vote showed Brooks, Hammond, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
The Water and Sewer Committee Report was heard. The Corson Water Project, to provided a completely new water system to the residents of Corson, was discussed. Corson is receiving an SRF grant to install the new water lines. Water will be purchased from the City of Brandon. Alderman Mostek moved Alderman Karber seconded to authorize the Mayor to sign the necessary documents to complete contract to provided water to the new system. Motion carried.
Alderman Karber moved Alderman Jones seconded to approve the first reading of Ordinance #453 TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA REVISING CHAPTER 12-14-14 ALLOWING DUMPSTERS TO BE PARKED IN THE STREET UNDER CERTAIN CONDITIONS. It was suggested that time limits be added for the second reading. A roll call vote showed Brooks, Hammond, Hansen, Jones, Karber, Mostek voting aye. Motion carried.
Casey Sonju, Financial Insurance Services, addressed the Council with a proposal for the City’s health insurance program renewal. Alderman Mostek moved Alderman Jones seconded to approve plan JQH from Wellmark Blue Coss Blue Shield with a buy back of the deductible to $1,500.00. Motion carried.
Alderman Jones moved Alderman Brooks seconded to approve the first reading of Ordinance # 454 TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA ADDING TO APPENDIX A OF THE BRANDON MUNICIPAL CODE UPDATING THE FLOOD PLAIN REGULATIONS. A roll call vote showed Brooks, Hammond, Hansen, Jones, Karber, Mostek voting aye. Motion carried.
Mayor Beesley made the appointment of Linda Weber to the Planning & Zoning Board for a term of three years from May 1, 2009 to April 30, 2012. Alderman Brooks moved Alderman Jones seconded to approve the appointment. A roll call vote showed Brooks, Hansen, Jones, and Mostek voting aye. Hammond and Karber voting nay. Motion carried.
Alderman Hammond moved Alderman Karber seconded to revert back to City Council the act as the Board of Adjustment and have the City Administrator prepare an Ordinance to that effect for a first reading at the next meeting. A roll call vote showed Hammond and Karber voting aye. Brooks, Hansen, Jones, and Mostek voting nay. Motion failed.
A letter of resignation was presented by Assistance City Administrator, Nick Lanning. Alderman Jones moved Alderman Mostek seconded to accept the letter of resignation as of July 3, 2009. Motion carried.
The Park & Recreation Committee Report was heard. Alderman Mostek moved Alderman Karber seconded to approve Resolution # 21-09 naming the park in The Bluffs, “VanBuskirk Park”. A roll call vote showed Brooks, Hammond, Hansen, Jones, Karber, and Mostek voting aye. Motion carried.
RESOLUTION #21-09
WHEREAS the City of Brandon has obtained 13 plus acres of land described as Lot A, Heartland Addition to the City of Brandon; and
WHEREAS, item five of the agreement to obtain this property states: Brandon Bluffs may suggest names for the proposed park, however, the final naming rights are vested with the City; and
WHEREAS, a representative of the Brandon Bluffs has suggested to name the park “VanBuskirk Park”.
THEREFORE BE IT RESOLVED that property described as Lot A, Heartland Addition to the City of Brandon be, from this day forward, known as:
VanBuskirk Park
Dated this 15th day of June, 2009.
Larry D. Beesley
Mayor
ATTEST:
Dennis E. Olson
Municipal Finance Officer
(SEAL)
The Police Committee Report was heard. Alderman Jones moved Alderwoman Hansen seconded, on the recommendation of Chief Kull, to declare a 2004 Crown Victoria police vehicle VIN #2FAFP71W04X140810 as surplus property. Mayor Beesley appointed an Appraisal Committee consisting of Alderman Jones, Alderman Hansen, and Alderman Karber. The committee appraised the vehicle to be valued as more than $500.00, therefore, Alderman Jones moved Alderman Brooks seconded to set a bid opening date of July 16, 2009 at 10:00 a.m. at Brandon City Hall. Motion carried.
Alderman Brooks moved Alderman Hammond seconded to declare a warning siren, currently located on Lot F, Block 4, Brandon Park Addition as surplus property. Mayor Beesley appointed an Appraisal Committee consisting of Alderman Mostek, Alderman Hammond, and Alderman Brooks. The Committee appraised the siren to be valued as less than $500.00, therefore, the surplus property will be sold at will. Motion carried.
The Golf Course Committee Report was heard.
Sandra Bowden, 611 Lewis; Steve Wong, 608 Lewis; Chad Hazard and Dan Apland, Pace Manufacturing appeared before the Council to talk about a drainage issue. No formal action was taken.
Shari Davis appeared before the Council to update them on the C.E.R.T. Program.
At 7:39 p.m. on a motion by Alderman Jones seconded by Alderman Hammond the meeting was adjourned.
Larry D. Beesley
Mayor
Nicholas A. Lanning
Assistant City Administrator
C-6/24 Min(2) Ad#1215241

Brandon
POLICE VEHICLE FOR SALE
The City of Brandon has declared surplus and is accepting sealed bids for a 2004 Crown Victoria police vehicle VIN# 2FAFP71W04X140810. Bids will be accepted until 10:00 a.m. on July 16, 2009. This vehicle is sold “as is” in Brandon, SD. Submit bids to the City of Brandon, 304 Main Avenue, P.O. Box 95, Brandon, SD 57005. Call 605-582-6515 for information. Write “Police Vehicle” on the envelope.
C-6/24,7/1 Pol VehicleAd#1215245

Brandon
Ordinance #452
AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA, ADOPTING THE REVISED OFFICIAL ZONING MAP FOR THE CITY OF BRANDON, SOUTH DAKOTA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRANDON, SOUTH DAKOTA:
This Ordinance adopts the revised Official Zoning Map, as set forth in the document titled “2009 Revised Zoning Ordinance of the City of Brandon; supersedes and replaces the Official Zoning Map adopted by reference in Ordinance #445 and hereby repeals all previous zoning maps in conflict herewith and repeals any other ordinance or parts thereof in conflict with this Ordinance.
Dated this 15th day of June, 2009.
_________________________
Larry D. Beesley
Mayor
ATTEST:
_________________________
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: June 1, 2009
Second Reading: June 15, 2009
Adoption: June 15, 2009
Publication Dates: June 24 and July 1, 2009 (Notice of Adoption)
Effective Date: July 21, 2009
C-6/24,7/1 Ord 452 Ad#1215248

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., June 16, 2009, pursuant to adjournment on June 9, 2009. Commissioners present were: Pekas, Hajek, Barth, Kelly, and Twedt. Also present were Sandy Kinder, Deputy Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman called the meeting to order.
AGENDA
MOTION by Kelly, seconded by Hajek to approve the Agenda. 5 ayes.
MINUTES
MOTION by Barth, seconded by Twedt to approve the Minutes for June 9, 2009. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Hajek, seconded by Barth to approve the following bills totaling $559,677.78 for payment. 5 ayes.
A & B Business Equip, Var. Depts, 792.77; ABN Army Surplus, Em Mgmt, 20.00; Advertising Arts Inc, Mus Entpr, 139.20; Ahrendt, Brian T., Courts, 2,289.00; All About Travel Inc, Public Def, 652.90; Allied Oil & Supply Hwy Constr, 18.50; Anderson, Elwood, Human Svcs, 1,050.00; Appeara / Dudley Lau, Hwy Constr, 42.80; Arena Motel, Human Svcs, 238.00; Argus Leader, Var. Depts, 4,239.51; Avera Home Medical E, Human Svcs, 425.27; Avera McKennan Hospi, Var. Depts, 22,588.87; Avera Women's Specia, Human Svcs, 322.01; Barth, Jeff, Commission, 49.21; Batteries Plus/Onesk, Sheriff, 7.77; Bechtel, Dave, Human Svcs, 400.00; Beck & Hofer Const I, Em Mgmt, 260,000.00; Beck Motor, Inc., Dir of Eq, 16,692.00; Belitz, Clarence H /, Human Svcs, 400.00; Bierschbach Equipmen, Hwy Constr, 345.00; Binger Law Office, Courts, 362.42; Bob Barker Company, JDC, 250.00; Bob's Lock & Key, JDC, 24.75; Boldt, Bradley D, Human Svcs, 600.00; Border States Electr, Facilities, 97.95; Brennan Hill Townhou, Human Svcs, 500.00; Brentwood Apts/Domin, Human Svcs, 900.00; Brown & Saenger, Var. Depts, 197.41; Brown, John/Paula, Human Svcs, 500.00; Bureau of Informatio, Var. Depts, 1,153.26; Burnell, Joshua M., Human Svcs, 500.00; Burnette, Sara L, Courts, 2,480.50; C & R Supply, Inc., Hwy Constr, 207.49; Campbell Supply Co I, Var. Depts, 204.24; CBM Food Service, Jail, 10,995.60; Center for Family Me, JDC, , 150.00; Century Business Pro, Dir of Eq, 75.06; Chang, Hyun, Human Svcs, 500.00; Chau Properties LLC Human Svcs, 435.00; Chef Jeni & Company Courts, 300.00; Clearview Windshield, Sheriff, 79.95; Cleveland Heights Ap, Human Svcs, 1,350.00; Cliff Avenue Auto Pa, Var. Depts, 17.39; Comfort Inn of Pierr, Extension, 46.50; Comfort Theater Comp, Mus Entpr, 250.00; Concrete Materials, Var. Depts, 57,267.37; Connecting Point, Info Tech, 81.25; Constellation New En, Facilities, 8,671.78; Country Meadows Apts, Human Svcs, 500.00; Country View MHC, Human Svcs, 830.00; Culligan Water Condi, Human Svcs, 36.00; Dakota Data Shred, Facilities, 52.36; Dakota Fluid Power, Hwy Constr, 821.7; Dakota Riggers & Too, Hwy Constr, 28.24; Dakota State Univ, Em Mgmt, 1,125.00; Decisionone Corporat, Info Tech, 2,205.59; Delta Dental of SD, Human Svcs, 45.00; Delux Motel / Dakota, Human Svcs, 736.25; Dialnet/Ahrens Telec, Var. Depts, 76.50; Diamond Vogel Paint Facilities, 48.50; Dietrich, Donna K, Mental Ill, 1,405.70; Dish Network, Hwy Admin, 451.77; Dodds, Steve, Human Svcs, 400.00; Donahue, David J, Human Svcs, 500.00; DTN Corporation, Extension, 147.00; Dust Tex Service, In, Var. Depts, 17.32; Eastern Farmers Coop, Facilities, 198.25; Ebert's Properties, Human Svcs, 1,685.00; Ekeren, Marvin R., Mental Ill, 30.00; Ergometrics, Inc., Sheriff, 2,194.60; Evans, Henry K, Courts, 253.00; Falls View Apts, Human Svcs, 400.00; Family Service Inc, Human Res, 390.00; First Premier Bank, Sheriff, 60.14; G & H Distributing, Facilities, 106.53; Gas Lite Manor Ltd P, Human Svcs, 500.00; Genzlinger, Janeen, Courts, 585.20; Glasco, Randy, Human Svcs, 875.00; Goede, Daniel J, DDS, Human Svcs, 465.00; Golden Rule Const Co, Bldg Fund, 2,476.22; Golden West Tech & I, Em Mgmt, 2,412.68; Grainger, Inc., Facilities, 584.78; Graybar Electric Com, Facilities, 223.28; Griffin, Janice, Human Svcs, 500.00; Grogan, Hubert J, Human Svcs, 225.04; Gunner, Andrea, Courts, 182.40; Guzman, Sandra V., Courts, 429.65; Haiar, Kevin G, Human Svcs, 500.00; Halcyon Prop, Human Svcs, 215.00; Harmelink, Janet, Facilities, 15.00; Harold's Photo Cente, Mus Entpr, 18.97; Heartland Paper Comp, Facilities, 63.25; Helwig, Vicki R, Human Svcs, 600.00; Heritage Place Apts Human Svcs, 800.00; Hoeffner, Larry, Planning, 149.00; Holiday Mobile Home Human Svcs, 600.00; Home Depot Credit Se, Hwy Constr, 308.47; Huezo, Dax I, Human Svcs, 1,050.00; Hurley Fire Dept, Em Mgmt, 2,154.51; Hurtgen, Timothy T. Human Svcs, 900.00; Hy-Vee Pharmacy, Human Svcs, 1,451.57; Hy-Vee Pharmacy, Human Svcs, 75.99; Hybertson, Greg, Human Svcs, 625.00; Interstate Office Pr, Var. Depts, 146.09; Investors Mgmt & Mkt, Human Svcs, 400.00; J & S Hospitality DB, Human Svcs, 892.00; Jagow, Hildegarde, Human Svcs, 400.00; JAM Properties, Human Svcs, 600.00; Jaros, Pete, Mental Ill, 327.38; Johnson Estates LLC Human Svcs, 594.00; Johnson, Allan R, Human Svcs, 545.00; Johnson, Heidepriem, Courts, 524.48; Johnson,Miner,Marlow, Mental Ill, 154.95; Kar Parts, Inc., Em Mgmt, 104.32; Kauffman, David W. P, Courts, 747.50; Kennedy, Renee S, Courts, 170.20; Kings Kourt Apts LLC, Human Svcs, 400.00; Kleen Solutions, Inc, Jail, 42.95; KMart Pharmacy, Human Svcs, 42.08; Kohl's Department St, JDC, 83.97; Kone, Inc., Var. Depts, 259.15; Kooistra, Nelva, Mental Ill, 120.00; Kreisers, Inc., Jail, 295.22; Kuchenreuther, Derek, Sheriff, 217.50; Kuhle, Donald, Human Svcs, 1,000.00; Larson, Cliff/Marily, Human Svcs, 400.00; Lason Systems, Inc. Reg Deeds, 172.20; Lassegaard, Samuel C, Human Svcs, 400.00; LCM Pathologists PC Coroner, 28.00; Lewis & Clark BHS, Mental Ill, 2,982.00; Lexis-Nexis / Reed E, Var. Depts, 296.00; Linweld, Inc., Hwy Constr, 53.20; Litton Loan Servicin, Human Svcs, 600.00; Locators & Supplies,, Hwy Constr, 164.26; Lockwood Law Office Courts, 5,153.7; 6 Majestic View Apartm, Human Svcs, 400.00; Manatron, Inc., Dir of Eq, 9,521.06; Mattson, Monica, Courts, 1,960.00; Maxwell Food Equipme, Facilities, 64.21; McLaughlin, David, Human Svcs, 1,000.00; Meadowland Apts/SF L, Human Svcs, 149.00; Menards - East, Parks, 13.95; Metro Communications, Sheriff, 20.00; Microfilm Imaging Sy, Reg Deeds, 75.00; Midamerican Energy C, Human Svcs, 801.96; Midcontinent Communi, Mus Ops, 55.00; Midwest Alarm Compan, Var. Depts, 237.34; Midwest Oil Company,, Hwy Constr, 245.46; Miller Sellers Herou, Library, 3,600.00; Mineral Miner, Mus Store, 524.00; Mobile Technology,In, Sheriff, 2,028.00; Monick Pipe & Supply, Facilities, 678.06; Munk, Steven, Extension, 84.00; Murray Const, Human Svcs, 1,200.00; Myers & Billion LLP Var. Depts, 2,415.94; NACDL, Public Adv, 125.00; NAE4-HA Conference, Extension, 460.00; Naga Company, Mus Entpr, 35.00; Nguyen, Lam, Courts, 50.00; NLADA, Public Def, 275.00; North Ridge Apartmen, Human Svcs, 886.00; Novak Sanitary Servi, Var. Depts, 2,196.70; Nyberg's Ace Hardwar, Var. Depts, 327.67; O'Dea, Steve C, Human Svcs, 785.00; Ochs, Velma, Human Svcs, 700.00; Office Depot, Inc., Info Tech, 19.47; Olson, Jan, Public Adv, 15.20; P & P Prop, Human Svcs, 400.00; Parish of Livingston, St Atty, 152.80; PBC Sioux Falls LLC Human Svcs, 342.35; Person, Robert, Human Svcs, 600.00; Peshlakai, Michael, Human Svcs, 200.00; Peters Distributing, JDC, 286.79; Peters, Scott N, PC Mental Ill, 5,981.89; Portable Computer Sy, Em Mgmt, 1,545.00; Preferred Management, Human Svcs, 733.00; Provo, Tom, Human Svcs, 800.00; Quality Efficiencies, Human Svcs, 615.00; Qwest, , Var. Depts, 5,204.10; Ramsey Partners II L, Human Svcs, 350.00; Record Keepers, Inc., Courts, 4,788.35; Rehfuss, Cathy A, Mental Ill, 150.00; Reitz, Robert DDS PC, Human Svcs, 1,442.00; Reynoza, Daniel, Human Svcs, 300.00; Richard-Ewing Equipm, JDC, 97.34; Richland Prop Mgmt L, Human Svcs, 700.00; Riedemann, Gayleen, Human Svcs, 400.00; Ritz Carlton-Georget, Public Def, 717.91; River Tower Apartmen, Human Svcs, 140.00; Rods Properties LLC Human Svcs, 580.00; Ronning Commercial, Human Svcs, 400.00; Sanford Health Plan-, Human Svcs, 140.66; Sanford Hospital - R, Human Svcs, 1,050.00; Sanford Laboratories, Coroner, 2,481.56; SD Public Assurance Insurance, 15,596.74; Security Labs, Ltd, Info Tech, 100.00; SF VOA Living Center, Human Svcs, 192.00; Sheehan Mack Sales &, Hwy Constr, 607.00; Shepherd Reporting L, Courts, 137.50; Sioux Empire FCU/097, Var. Depts, 3,132.13; Sioux Empire FCU/190, St Atty, 1,468.45; Sioux Empire FCU/260, Em Mgmt, 18.80; Sioux Empire FCU/655, Hwy Admin, 406.23; Sioux Equipment Co I, Hwy Constr, 454.78; Sioux Falls City Fin, JDC, 339.03; Sioux Falls Ford, In, Hwy Constr, 101.94; Sioux Falls Partners, Human Svcs, 400.00; Sioux Falls Two Way Var. Depts, 1,899.38; Sioux Falls Utilitie, Human Svcs, 585.86; Sioux Valley Energy Human Svcs, 81.00; Skorczewski, Jena, Courts, 153.00; Smith, Traci M., Public Def, 128.00; Snoozy, Scott, Human Svcs, 100.00; Solomon, Ghirmay, Courts, 25.00; Storhaug, Adrean, Human Svcs, 400.00; Sturdevant's Auto Pa, Hwy Constr, 78.41; Sunshine Foods, Human Svcs, 14.99; Sunshine Foods, Human Svcs, 159.44; Target Pharmacy, Human Svcs, 4.00; Taylors Place LLC, Human Svcs, 700.00; Tedmon, Grace E, Human Svcs, 775.00; Thorin, Deyanira T, Courts, 275.00; Thyssenkrupp Elevato, Jail, 2,177.11; Tieszen, Stacey, Human Svcs, 218.25; Tires,Tires,Tires In, Sheriff, 613.81; Trane Comp, Facilities, 240.87; Travelhost of Sioux Mus Ops, 153.00; United Parcel Servic, Var. Depts, 84.41; US Postal Service, Extension, 44.02; USD School of Law, Public Adv, 48.00; USD-DHSF (Dental Hyg, Human Svcs, 608.00; V & W Repair Inc, Facilities, 37.92; Van Batavia, Roger D, Hwy Constr, 33.60; Van Liere, Roy, Hwy Constr, 94.99; VB Falls Park Apts, Human Svcs, 600.00; Velgersdyk, Dr. Scot, Human Svcs, 1,442.00; Velvet Uniforms, Inc, Var. Depts, 3,307.49; Wal-Mart Pharmacy, Human Svcs, 1,270.64; Wal-Mart Pharmacy, Human Svcs, 57.72; Wall Lake Sanitary D, Hwy Admin, 70.00; Watkins, Larry, Human Svcs, 400.00; Weldetensae, Mengste, Human Svcs, 540.00; Wellmark Blue Cross Human Svcs, 101.36; West Group, St Atty, 1,447.25; West Pointe Townhous, Human Svcs, 400.00; West Twelfth Propert, Human Svcs, 780.00; Westbrooke Apts/Inve, Human Svcs, 600.00; Xcel Energy, Inc., Human Svcs, 3,186.78; Yankton County Sheri, Mental Ill, 75.00; Yellow Cab, Inc., Human Svcs, 40.40; Zep Manufacturing Co, Hwy Admin, 167.22
REPORTS
The following reports were received and placed on file in the County Auditor's Office: Minnehaha County Regional Juvenile Detention Center and Human Services Reports for May, 2009, and the Auditor's Account with the County Treasurer as of 5/31/09.
On Deposit in Banks: Interest-bearing open accounts 26,266,002.26; CD's and savings 29,000,000.00; Cash 12,156.68; Checks/drafts in Treasurer's possession for more than 3 days 12,323.32; Total Cash on Hand 55,290,482.26; Total AS/400 Cash Balance 55,290,482.26
PERSONNEL
MOTION by Hajek, seconded by Twedt to approve the following personnel changes. 5 ayes.
1. To move Krista Bast, Correctional Officer for the Jail, from full-time status to part-time status (13/G) at $19.0782/hour effective 6-12-09.
2. To correct the action on 6-2-09, which should have reflected a start date of 6-15-09, as opposed to 6-16-09, for Julie Person as a Tax & License Technician for the Treasurer's Office.
Step Increases Due:
1. James Phelps - Caseworker III - Human Services - 18/F to 18/G, 6-9-09, $24.4217/hour
2. Gerald Schwartz - Custodian - Facilities - 6/B to 6/C, 6-13-09, $12.2323/hour
3. Robbin Ketcham - Senior Records Technician - Register of Deeds - 12/C to 12/D, 6-22-09, $16.8623/hour
4. Steven Williams - Highway Senior Maintenance Worker - Highway - 14/K to 14/L, 6-17-09, $22.6780/hour
5. Douglas Huffer - Lead Mechanic - Highway - 16/F to 16/G, 6-19-09, $22.1248/hour
6. Craig Butler - Deputy Sheriff - Sheriff - 16/E to 16/F, 6-20-09, $21.5852/hour
7. Seamus Walsh - Deputy Sheriff - Jail - 16/E to 16/F, 5-12-09, $21.5852/hour
8. Johnathan Cory - Correctional Officer - Jail - 13/G to 13/H, 6-12-09, $19.5551/hour
9. Brent Albers - Correctional Officer - Jail - 13/D to 13/E, 6-19-09, $18.1589/hour
10. Heather Richarz - Correctional Officer - Jail - 13/D to 13/E, 6-23-09, $18.1589/hour
11. Jennifer Harstad - Correctional Officer - Jail - 13/C to 13/D, 5-8-09, $17.7160/hour
12. Lucinda Wilson - Juvenile Correctional Officer I - JDC - 12/H to 12/I, 6-9-09, $19.0782/hour
NOTICES
MOTION by Kelly, seconded by Barth to authorize the Auditor to post Notice of Hearing on 6/23/09 to consider the 2009 Edward Byrne Justice Assistance Grant Joint Spending Plan. 5 ayes.
Notice of Public Hearing on 6/29/09 was received from the Board of Catastrophic County Poor Relief to adopt and amend rules relating to the CCPR Program.
Notice was received that a disinterment and reinterment permit was issued by the SD Department of Health for the remains of Shirley Wheelock, St Georges Catholic Cemetery, Hartford, SD.
Notice was received of the East Dakota Water Development District Board Meeting on 6/18/09.
PLANNING
MOTION by Barth, seconded by Hajek to authorize the Auditor to publish Notice of Hearing on 7/20/09 to consider a petition to vacate a public road right-of-way described as that portion of south Overlund Pass beginning 33 feet north of the platted centerline intersection of Dan Ridge and south Overlund Pass, lying adjacent to Lot 20 & 22A Block 5 Split Rock Heights 2nd Addition and Lots 15-19 & Lots 21 Block 2 Split Rock Heights 3rd Addition, and ending 100 feet south of the north property line of Lot 21 Block 2 Split Rock Heights 3rd Addition and extending 66 feet west to a point abutting Lot 22A Block 5 Split Rock Heights 2nd Addition; all in Section 19-T101N-R50W Minnehaha County. 5 ayes.
Pat Herman, Planner, gave the first reading of a proposed amendment to Ordinance MC21-93, Rural Addressing Ordinance for Minnehaha County, which will amend the Official Rural Address Maps - Map 23, renaming the southern most portion of Overlund Pass to Dan Ridge. MOTION by Twedt, seconded by Barth to authorize the Auditor to publish Notice of Hearing on 7/21/09. 5 ayes.
LIEN
Commissioner Barth, County Aid Lien Liaison, briefed the Commission on a request to compromise DPNO 54756. The lien is for services provided to the applicant's ex-wife prior to their divorce. The couple was separated at the time. The applicant was in the process of purchasing a home through the Community Development program when the lien was noted. MOTION by Barth, seconded by Hajek to compromise the lien upon payment of $1,100. Commissioner Kelly asked whether the remaining balance will stay with the ex-wife or be written off. MOTION to amend by Barth, seconded by Hajek to keep the balance under the name of the ex-wife and approve Resolution MC09-15. 5 ayes. VOTE on the motion. 5 ayes.
RESOLUTION MC09-15
WHEREAS, a County Aid Lien in the amount of $2,238.00 purports to exist in favor of Minnehaha County and against DPNO 54756 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Release the petitioner's name (ex-husband) only from DPNO 54756 upon payment of $1,100. The balance of $1,138 on DPNO 54756 to remain filed in the name of the ex-wife only. If payment is not made within one year from approval, this agreement is null and void.
Dated at Sioux Falls, South Dakota, this 16th day of June, 2009.
APPROVED BY THE COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
PUBLIC COMMENT
Nancy Smith, county resident, commented on the Rural Addressing Ordinance. She did not feel that the placement of rural address signs fit her development in Evergreen Acres, and felt the sign posts were unappealing. She reported that because the lots are narrow, the signs are often placed at the property line and create a safety hazard. Scott Anderson, Planning Director, reported that the purpose of the ordinance was standardization and that issues may arise if some are allowed exceptions. Gordy Swanson, Deputy State's Attorney, explained that the ordinance could be amended to allow a variance process for sign placement in subdivisions. Mr. Anderson estimated that there are 20 to 30 subdivisions containing lots sizes of 1 acre or less. He has been working with individual complaints with most cases being resolved. Tom Corey, county resident, explained that their subdivision was similar to a city neighborhood and that he did not believe there was a need for the sign. Mr. Anderson explained that subdivisions outside of the city limits lacked street lighting. Ken McFarland, Commission Administrative Officer, reported that the ordinance was recently amended to solidify the need for the delineator post. Commissioner Kelly noted the sign placement is a public safety issue and that staff has made efforts to remedy complaints. Commissioner Barth noted that the same posts and signage are used in other counties. No action was taken.
SUPPLEMENT
Ken McFarland, Commission Administrative Officer, reported that the Coliseum stained glass restoration was completed by staff from the Siouxland Heritage Museums and came in under estimate. The project is funded through a 50% grant as part of the SD State Historical Society Deadwood Grant. MOTION by Twedt, seconded by Kelly to supplement $5,410.00 from the Building Fund to the Building Fund budget ASN 19605 representing reimbursement from the 2008 Deadwood Grant. 5 ayes.
HEARINGS
Pat Herman, Planner, was present for the scheduled hearing to consider text amendments to Ordinance MC16-90, the 1990 Revised Zoning Ordinance for Minnehaha County, to add Agricultural Tourism as a specially permitted use in both the A-1 Agricultural and R/C Recreation Conservation zoning districts and by adding supporting text to the A-1, RC, and definitions articles of the ordinance. Commissioner Kelly felt the permit fee of $250 was excessive. No one spoke in opposition. MOTION by Twedt, seconded by Kelly to approve Ordinance MC16-105-09. 5 ayes. The permit fee will be added as a discussion item for the next Planning Commission meeting.
Scott Anderson, Planning Director, was present for the scheduled hearing to consider text amendments to Ordinance MC20-92, On-Site Wastewater Treatment Ordinance, to amend the fee section of the ordinance by increasing fees by $25 per permit and amending the standards for allowed trench liner systems. Mr. Anderson reported that the last fee increase was approximately 5 years ago. Commissioner Kelly did not support the increase for the routine maintenance and repair permit because the increase was 50%. Mr. Anderson explained that increases were not based on an actual percentage and that the fees remained low compared to the actual cost of staff time involved in each process. MOTION by Kelly, seconded by Barth to change the routine maintenance and repair permit fee from the proposed $75 to $60 and approve the amendment with the other recommendations. 2 ayes, Hajek, Twedt, and Pekas - nay. Motion fails. MOTION by Barth, seconded by Hajek to approve Ordinance MC20-05-09. 4 ayes, Kelly - nay. The entire ordinance is on file in the County Auditor's office.
NEW BUSINESS
Commissioner Barth reported that next week, Edith Arneson with the Sioux Falls Jaycees will be in to discuss the status of the 4th of July fireworks display at the W.H. Lyon Fairgrounds.
Commissioner Twedt noted that this was the time to start looking at an agenda for legislative resolutions. She discussed 2 suggestions from the public on items related to Treasurer's office functions for possible consideration.
MOTION by Barth, seconded by Hajek to adjourn into Executive Session for contract and personnel discussion. 5 ayes. Following the Executive Session, the Commission adjourned until 9:00 a.m. on Tuesday, June 23, 2009.
APPROVED BY THE COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
1215148-03 June 24, 2009

Minnehaha
FACT OF ADOPTION
An ordinance amending Ordinance MC16-90 the 1990 Revised Zoning Ordinance for Minnehaha County.
The Minnehaha County Board of Commissioners adopted Ordinance MC16-105-09 on June 16, 2009. This ordinance amended Ordinance MC16-90 the 1990 Revised Zoning Ordinance for Minnehaha County by adding a new section in Article 12.00 entitled Agricultural Tourism and adding supporting text to the A-1, RC, and definitions articles of the ordinance.
The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.
Sue Roust, County Auditor
1215156-03 June 24 & July 1, 2009

Minnehaha
FACT OF ADOPTION
The Minnehaha County Board of Commissioners adopted Ordinance MC20-05-09 on June 16, 2009. This ordinance amended Ordinance MC20-92, the On-Site Wastewater Treatment Treatment Ordinance by
Amending the permit fee portion of Section 2.01. to read as follows:
Routine maintenance and repai $75.00; Installation of a holding tank only $100.00; Extension of existing drainfield $150.00; New or replacement system $150.00; Engineered system $175.00
And Amending Section 7.02 to read as follows:
Section 7.02. Rapidly Permeable Soils: For soils with a percolation rate faster than 6 minutes per inch, a soil absorption system may be used only if a soil liner system (Figure 7-1) is constructed to place a minimum of 12 inches of a soil having a percolation rate between 16 and 24 minutes per inch between the bottom of the rock layer and the high percolation rate soil. The system shall be sized using the soil sizing factor for sandy loam soil 1.67 square feet per gallon per day.
Sue Roust, County Auditor
1215154-03 June 24 & July 1, 2009


 


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