Name Change
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 09-4274
ORDER FOR AND
NOTICE OF HEARING
IN THE MATTER OF THE PETITION
FOR CHANGE OF NAME OF
GUOT MAYIIK,
A Minor Child.
Notice is hereby given that Mabeny Mayiik Guot and Angong Youad, on behalf of the minor child, Guot Mayiik, have filed a Petition for Change of Name with the above-entitled Court. A hearing on said Petition is scheduled for 1:30 o’clock p.m. on the 16th day of November 2009, before the Honorable Kathleen K Caldwell, in Courtroom 6D at the Minnehaha County Courthouse, Sioux Falls, South Dakota, at which time any interested party may appear and object. The Petition is on file with the Clerk of Courts for Minnehaha County and is hereby referred to for further particulars. Petitioner desires to change the name of minor child from Guot Mayiik to Guoz Mabeny Guot.
Dated this 30th day of September 2009.
BY THE COURT
PATRICIA C. RIEPEL
Circuit Court Judge
ATTEST:
Charles M. Fechner, Clerk
By GLENDA HAMMOND
Deputy
T-10/14-11/4 Guot Ad#1235587

Baltic
MINUTES OF 14 OCTOBER 2009 REGULAR SESSION
THE BALTIC CITY COUNCIL MET IN REGULAR SESSION ON 14 OCTOBER 2009. MAYOR MIKE WENDLAND called the meeting to order at 7:02 PM. Present were Council members Calvin Whiting, Jason Pittmann and Jason Turner. Ron Jenks was absent. Also present was Finance Officer Hendrickson and Maintenance Supervisor Johnson and Attorney Hughes. The meeting was held at the Baltic City Hall.
Turner made a motion to approve the 15 September Regular Session minutes. Motion seconded by Pittmann. All Ayes. Turner made a motion to approve 24 September 2009 Special Session minutes. Motion seconded by Pittmann. All Ayes. Motion Carried.
Old business. A proposal for a city magazine was discussed. Pittmann made a motion to have a city magazine published. Whiting seconded. All Ayes.
Mayor Wendland gave the second reading of Ordinance 218, Rezoning. Turner made a motion to approve and adopt the ordinance. Whiting seconded. Roll call vote Turner, Pittmann, and Whiting Aye. Jenks Absent. Motion carried.
The Kringen Avenue and 5th Street project was reviewed. Scott Mohor of Banner Associates Inc. spoke about Pay Request #6 and Change Order #3. All items on the punch list have been addressed. Pittmann made a motion to approve pay request #6 and Change Order #3. Whiting seconded the motion. All Ayes.
Dave Swier gave a Building Inspection Report, updating the Council on inspection and interest items on 605 S 6th Street. Discussion followed. No Motions.
Disbursements were reviewed. Pittmann made a motion to approve the disbursements. Motion seconded by Whiting. All Ayes. Motion Carried. ALLIANCE COMMUNICATIONS $177.53 Phone and alarm; ARGUS LEADER MEDIA $377.36 Prairie Publications; BANYON DATA SYSTEMS INC $2310.00 software support; CITY OF BALTIC WATER DEPT. $148.45 monthly water; CITY OF SIOUX FALLS $40.56 tests; COLTON REDI-MIX $267.21 gravel; D&D MARKET $33.18 supplies; DAKOTA BACKUP $22.08 DAILY BACKUPS; DAKOTA ROAD BUILDERS, INC $13676.59 final for Kringen ; DELL RAPIDS LUMBER CO $31.82 SUPPLIES; DSG $151.39 clamp; DUST-TEX SERVICE INC $11.99 rugs; ELAINE HENDRICKSON $506.00 mileage to Pierre; FIRST NATIONAL BANK $11430.59 SRF payments; FIRST NATIONAL BANK- BALTIC $2,127.13 taxes; HUGHES LAW OFFICES $898.16 SERVICES; ICMA RETIREMENT TRUST 457 $292.34; KEN JOHNSON $1094.88 insurance; KINETIC LEASING $2,164.55 Kringen lease buy; LACEY'S $212.00 potties; MARCO $76.46 qrtly, maint agree; MENARD'S $28.86 thinner; MIDAMERICAN ENERGY $619.82 GAS; MIKE WENDLAND $99.00 mileage; MINNEHAHA COMM WATER $3,086.20 WATER; NOVAK SANITARY SERVICE $4878.42 PICKUP SERVICE; ONE CALL SYSTEMS, INC $29.70 locates; REVTRAK $24.48 credit card; RILEYS PARADISE ISLAND $73.50 routine maint; SD DEPT OF REVENUE $397.08 SALES TAX; SD MUNICIPAL LEAGUE $145.00 registration; SD UNEMPLOYMENT DIV $283.12 unemployment; TNT TOTAL STOP $450.11 fuel sep 09; US BANK $125.30 supplies; VERIZON WIRELESS $107.72 CELL PHONE; XCEL ENERGY $1258.71 ELECTRICITY; Total$47,657.29
September 2009 Salaries in gross amounts by Department: Finance, $1726.66; Building Inspection, $80.75; Streets, $1330.90; Parks, $1388.17; Liquor, $181.98; Water, $2785.89; Sewer, $2785.77; Total $10,280.12.
Public Time. No one spoke.
Police Report. No deputy was present.
Pool Committee. Ann Sittig asked what the next step was for the Pool Committee. Discussion followed. The City will request proposals for a Financial Analysis to get a better understanding of the city’s financial ability.
Maintenance Update. Johnson explained the projects that are in progress and the work completed.
City Hall Update. Hendrickson explained the upcoming events calendar and meetings. She explained that we need to upgrade our main computer, the Council agreed that she should go ahead and upgrade since it is in the budget for this year.
Attorney Comments. Hughes spoke about the liquor operating agreement.
New Business.
Whiting made a motion to Surplus the old Farmal H and the old Ford Tractors. Pittmann seconded. All Ayes. Mayor Wendland appointed Whiting, Ordell Krogstad and Doug Burns as appraisers.
At 10:30 PM Turner made a motion to adjourn the meeting. Motion seconded by Whiting. All Ayes.
Elaine C. Hendrickson
Municipal Finance Officer
Published once at the approximate cost of $53.17.
T-10/28 Min 10/14 Ad#1238127

Baltic
ORDINANCE NO. 218
CITY OF BALTIC, SOUTH DAKOTA
AN ORDINANCE PROVIDING THAT THE REVISED ORDINANCES OF THE CITY OF BALTIC, SOUTH DAKOTA BE AMENDED BY ADDING SUBSECTION (p) TO ARTICLE 7, SECTION 708 OF THE REVISED ZONING ORDINANCE OF THE CITY OF BALTIC, SOUTH DAKOTA. PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BALTIC, SOUTH DAKOTA:
Section 1. That the Revised Ordinances of the City of Baltic South Dakota; be amended by adding subsection 708 (p) to ARTICLE 7, SECTION 708 AMENDMENTS, OF THE REVISED ZONING ORDINANCE of the Ordinances of the City of Baltic South Dakota, as follows:
“Subsection 708 (p). That the following described real property located within the city limits of the City of Baltic, South Dakota is hereby rezoned from R-3 Multi-family residential to B-2 General Business with conditions. The area rezoned is TRACT 6C, BALTIC HEIGHTS ADDITION TO THE CITY OF BALTIC, MINNEHAHA COUNTY, SOUTH DAKOTA.
Section 2. That the Official Zoning Map of the City of Baltic, South Dakota, be changed accordingly.
This ordinance shall be in full force and effect from and after its passage, adoption, recording and publication as provided by law.
Adopted this 14th day of October, 2009.
First Reading: 24 September 2009
Second Reading: 14 October 2009
Passage and Adoption: 14 October 2009
Publication:
Effective Date:
(SEAL)
Michael Wendland, Mayor
ATTEST:
Elaine C. Hendrickson
Municipal Finance Officer
Published once at an approximate cost of $30.19.
T-10/28 Ord. 218 Ad#1238128

Dell Rapids
UNAPPROVED MINUTES FOR THE REGULAR MEETING OF
THE DELL RAPIDS CITY COUNCIL HELD IN THE COUNCIL CHAMBER ON Monday, October 19, 2009 AT 7:30 p.m.
The meeting was called to order by Mayor Fiegen at 7:30 p.m.
Council Members Present: Mayor Fiegen, Council President Sommerfeld, Downs, Probst, Testerman, and Woolf.
Absent: Grovenburg, Paul, Wiebenga.
Staff Present: City Administrator Martin, City Finance Officer Kerzman, City Attorney Hammer
II. Pledge of Allegiance
III. Minutes
A. October 5, 2009 – Regular Meeting
Motion by Woolf to approve minutes. Seconded by Testerman. Motion carried, 5-0.
IV. Visitors to Be Heard
None
V. PUBLIC HEARING
A. 2nd Reading, Ordinance 730, Re-zoning Tracts 1A, 5A, & 6A in Sward Addition from I-1 (Light Industrial) to I-2 (General Industrial) – Louis Geraets was present to explain the State requirements for running a fertilizer application business and the safeguards for storing fertilizer. The City Zoning Ordinance requires re-zoning for this activity. The City Planning Commission recommended approval of the re-zoning.
Motion by Sommerfeld to approve final reading of Ord. #730. Seconded by Probst. Mayor Fiegen called for a roll-call vote. Motion carried, 5-0.
VI. OLD BUSINESS
A. 2nd Reading, Ordinance #731, Revision to City Wastewater Rates – Administrator Martin explained how the 2010 budget ordinance included the need for a 4% increase in wastewater rates starting January 1, 2010.
Motion by Downs to approve final reading of Ord. #731. Seconded by Sommerfeld. Mayor Fiegen called for a roll-call vote. Final Reading approved, 5-0.
B. 2nd Reading, Ordinance #732, Revision to City Water Rates – Martin explained how the 2010 budget ordinance included the need for a 4% increase in water rates starting January 1, 2010.
Motion by Probst to approve final reading of Ord. #732. Seconded by Woolf. Mayor Fiegen called for a roll-call vote. Final Reading approved, 5-0.
VII. NEW BUSINESS
A. Pay Request #1, Fairway Drive Street Improvement Project – City Engineering firm DGR submitted a progress report and pay request for the resurfacing of portions of Westview and Fairway Drives and Fairway Circle. Double H Paving has recorded labor and materials totaling $58,692.45 of the original project cost of $85,861.25.
Motion by Woolf to approve pay request. Seconded by Sommerfeld. Motion carried, 5-0.
B. Conditional Use Permit, Tracts 1A, 5A, & 6A in Sward Addition, for fertilizer application business – Louis Geraets was present to explain the safety precautions required by State agencies for this business activity. Because the City Council approved the re-zoning of the Geraets property to I-2, all business activities in I-2 zones require conditional use review by the Planning Commission and City Council. The Planning Commission has recommended approval of a conditional use permit.
Motion by Sommerfeld to approve the application. Seconded by Probst. Motion carried, 5-0.
VIII. City Administrator Report
• Mayor Fiegen was asked to read a Statement of Support for the National Guard and Reserve and to return the statement to the National Committee for Employer Support of the Guard and Reserve. Mayor Fiegen read the Statement with the unanimous consent of the City Council.
• The City Staff asked for direction on the scheduling of Free Yard Waste dropoff days at the Rubble Site. The Council determined that Saturday, October 31 and Saturday, November 7 from 9 a.m. to 4 p.m. would be acceptable for receiving yard waste – branches, shrubs, grass clippings, pine needles, etc. – at no charge. All other Rubble Site debris will be charged at the usual rates. The dedicated leaf drop site will continue, but residents should be advised that only leaves should be dropped at that site.
• The Finance Office staff will attend a training session for the City’s accounting software program in Sioux Falls. Finance Officer Kerzman reported on new features that could be added to the City’s present accounting system.
• The City’s sales tax for September of 2009 is reported to be $62,675.77, or $308.73 higher than the sales tax reported in September of 2008. Administrator Martin noted that the City still could achieve the $700,000 in general sales tax that is projected in the 2009 budget.
• Martin reported on interest by the Chamber of Commerce to update the Dell Rapids billboards on I-29. Chamber President Kelly Krogstad was present to convey the Chamber’s perspective.
IX. Claims Payable
Motion by Testerman to approve the Claims as follows:
CLAIMS - October 19, 2009: VENDOR, DETAIL, COST: Argus Leader, publishing, 77.88; Avera Queen of Peace, drug testing, 77.50; Benny’s Biffies, Sept rentals, 317.00; Cardmember Services, training/travel, 735.11; City of Sioux Falls, water testing, 138.18; County Fair, cleaning supplies, 4.01; Dakota Supply, pipe, 54.04; DR True Value, paint/supplies, 267.27; DGR, Sept engineering, 21,364.65; Double H Paving, Fairway Dr, 54,399.39; Dustex, rugs, 222.13; HD Supply, metering parts, 850.18; Hanson Logowear, 7 shirts, 218.84; Johnson Brothers, Sept Liquor, 7,690.64; Kerzman, LeAnn, Travel Reimbursement, 78.89; LG Everist, 3/4 Down, 2,335.68; Martin, SL, Travel Reimbursement, 72.89; Midwest Alarm, alarm loop, 105.35; One Call Systems, locates - 43, 47.30; PC Whizardz, Mozy Pro, 169.40; Penworthy, books, 552.98; Republic, Aug/Sept liquor, 8,320.34; Sam’s Club Discover, books/ink, 263.45; Sam’s Club Discover, travel expense, 730.54; Sanitation Products, sewer mach parts, 441.12; Schwebach Insurance, new fire truck coverage, 1,579.00; SD Dept Revenue, sales tax, 173.59; SDRS, retirement, 3,824.76; Sioux Equipment, pump maint, 152.75; Sioux Falls Two Way, radio service/repair, 229.68; Smith Publishing, letterhead, 98.50; Sommerfeld, David, Travel Reimbursement, 72.89; Verizon, Oct cell svc, 189.80; Vogt Brown Merry & Hammer, Oct retainer, 2,000.00; Xcel Energy, street lights/elec, 3,783.85; $111,639.58
Seconded by Downs. Motion carried, 5-0.
VIII. Adjourn
Motion by Downs to adjourn. Seconded by Probst. Motion carried, 5-0. 8:07 p.m.
Scott Fiegen
Mayor
LeAnn Kerzman
Finance Officer
Published once at an approximate cost of $69.92.
T-10/28 Min 10/19 Ad#1238972

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., October 20, 2009, pursuant to adjournment on October 19, 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 Pekas called the meeting to order.
AGENDA
MOTION by Barth, seconded by Kelly to approve the Agenda. 5 ayes.
MINUTES
MOTION by Hajek, seconded by Barth to approve the Minutes for October 13, 2009. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Hajek, seconded by Barth to approve the following bills totaling $548,401.32 for payment. 5 ayes.
A & B Business Equip, Var. Depts, 1,015.84; A to Z World Languag, St Atty, 105.00; Allied Oil & Supply, Hwy Constr, 18.50; Amberleaf Apts LLC, Human Svcs, 300.00; American Institution, JDC, 281.46; Anacon Leasing Inc, Public Def, 329.00; Anderson, Carol, Human Svcs, 550.00; Anderson, Elwood, Human Svcs, 550.00; Appeara / Dudley Lau, Hwy Constr, 36.03; Arena Motel, Human Svcs, 210.00; Argus Leader, Var. Depts, 1,513.32; Automatic Building C, Facilities, 2,691.00; Avera Health Informa, Public Def, 83.70; Avera McKennan Hospi, Var. Depts, 7,874.75; A1 Svc Inc/Laceys Ch, Hwy Constr, 95.00; Ban-Koe Systems, Inc, Facilities, 323.30; Batteries Plus/Onesk, Facilities, 64.00; Bechtel, Dave, Human Svcs, 500.00; Belitz, Larry, Mus Grants, 1,130.00; Bentwood Manor Apts, Human Svcs, 500.00; Best Business Produc, St Atty, 372.10; Bierschbach Equipmen, Hwy Admin, 120.00; Borman, Laura, Extension, 40.34; Brende, Schroeder,& M, Courts, 2,372.50; Brentwood Apts/ Domin, Human Svcs, 500.00; Brock White Co LLC, Hwy Constr, 96.80; Brown & Saenger, Var. Depts, 402.10; Bureau of Informatio, Var. Depts, 1,089.50; Burkard, Michael/Inv, Human Svcs, 500.00; Butler Machinery Com, Hwy Constr, 164.96; Byre, Elton W, Human Svcs, 1,000.00; Cambridge Partnershi, Human Svcs, 400.00; Campbell Supply Co I, Var. Depts, 103.61; Carlson, Lisa, St Atty, 139.40; Catco, Hwy Constr, 95.20; CBM Food Service, Jail, 11,818.22; Center for Family Me, Jail, 2,400.00; Century Business Pro, Var. Depts, 533.34; Chemco, Inc., Facilities, 188.09; Cinrod Property Mana, Human Svcs, 525.00; Clearview Windshield, Sheriff, 99.90; Cleveland Heights Ap, Human Svcs, 900.00; Communication Svcs F, Public Def, 957.00; Constellation New En, Facilities, 7,099.57; Country View MHC, Human Svcs, 850.00; Crescent Electric Su, Facilities, 380.49; Crestview Apts-Luv I, Human Svcs, 105.00; Croplan Genetics, Parks, 380.00; Culligan Water Condi, Facilities, 219.00; Cyntom Property Mana, Human Svcs, 400.00; Dakota Data Shred, Var. Depts, 116.85; Dallas County Consta, St Atty, 70.00; Daves Automotive, Dir of Eq, 1,134.21; Doop, Michael, Human Svcs, 350.00; Dust Tex Service, In, Var. Depts, 17.72; Ebert's Properties, Human Svcs, 1,255.00; Eirinberg, James A, Courts, 2,681.00; Electric Innovations, Facilities, 225.00; Engelson, Randy, Hwy Constr, 350.00; ES Properties, Human Svcs, 400.00; Exide Technologies, Hwy Constr, 280.80; Family Service Inc, Human Res, 325.00; Farland, Lawrence A, Human Svcs, 600.00; Fastenal Company, Var. Depts, 347.64; First Cash Exchange/, Sheriff, 300.00; First Premier Bank, Sheriff, 74.83; Fonder, Roger M, DBA, Planning, 207.49; Genzlinger, Janeen, St Atty, 40.80; George Boom Funeral, Human Svcs, 2,615.00; Glazier, David Alan, Human Svcs, 400.00; Goebel Printing, Inc, Var. Depts, 206.70; Gold Directories Inc, Mus Ops, 540.00; Graybar Electric Com, Facilities, 76.20; Grieme, Jonathan, Air Guard, 40.97; Gross, Richard, Human Svcs, 140.00; Guzman, Sandra V., Var. Depts, 87.50; Haugan, Raymond C, Human Svcs, 500.00; Hofer, Julie A., Public Adv, 68.08; Home Federal Savings, Human Svcs, 474.22; Howalt-McDowell Insu, Public Def, 50.00; Hurtgen, Timothy T., Human Svcs, 400.00; Hy-Vee Accounts Rece, JDC, 62.63; Innovation Property, Human Svcs, 500.00; Interstate Office Pr, Var. Depts, 582.93; Jaros, Pete, Mental Ill, 188.70; JCL Solutions-Janito, Var. Depts, 891.99; Jefferson Partners L, Human Svcs, 770.44; Johnson Feed, Inc., Hwy Constr, 2,584.94; Johnson, Eklund Law, Public Def, 27.98; Johnstone Supply, Facilities, 29.72; Kappenman, Thomas L, Human Svcs, 400.00; Kmart Pharmacy, Human Svcs, 88.58; Koality Construction, Human Svcs, 550.00; Kone, Inc., Var. Depts, 6,663.14; Kpradith, Kyto, Public Def, 50.00; Kreisers, Inc., Jail, 1,355.12; Kuchenreuther, Derek, Sheriff, 142.00; Kulhavy, Joseph B, Courts, 54.44; Language Line Servic, Var. Depts, 100.20; LCM Pathologists Pc, Pass-Thru, 2,100.00; Lewis Drug Stores, Human Svcs, 4,823.14; Lexis-Nexis / Reed E, St Atty, 170.00; Lincoln County Audit, Welf Recov, 10.00; Linweld, Inc., Hwy Constr, 41.78; Lutheran Social Serv, St Atty, 512.10; Madison Community Ho, Pass-Thru, 4,682.25; Mailway Printers, Mus Ops, 560.00; McFarland, Kenneth, Commission, 105.24; Meadowland Apts/SF L, Human Svcs, 1,363.00; Medical X-Ray Center, Human Svcs, 20.56; Menards - East, Var. Depts, 44.90; Metro Communications, Var. Depts, 31,337.00; Microfilm Imaging Sy, Reg Deeds, 75.00; Midamerican Energy C, Var. Depts, 1,988.54; Midwest Alarm Compan, Hwy Admin, 250.00; Midwest Residential, Human Svcs, 1,100.00; Miller Funeral Home, Human Svcs, 6,154.23; Miller, Steve, Courts, 1,740.53; Mini Critters, JDC, 52.95; Monick Pipe & Supply, Facilities, 233.50; Motorola, Inc., Em Mgmt, 341,055.50; Mt. Pleasant Cemeter, Human Svcs, 400.00; Murray Const, Human Svcs, 975.00; Myers & Billion LLP, Var. Depts, 1,033.95; Narveson, Mark, Hwy Constr, 87.98; Nat'l Student Housin, Human Svcs, 1,100.00; Nicholson & Nicholso, Courts, 1,900.36; North Ridge Apartmen, Human Svcs, 500.00; Northern Truck Equip, Hwy Constr, 166.57; Nyberg's Ace Hardwar, Facilities, 22.93; Ode, Gregg, Extension, 55.14; Office Depot, Public Def, 490.52; Omnicare of South Da, JDC, 64.69; Osman, Shamshadin, Facilities, 74.97; Panasonic Finance So, Extension, 203.12; Peters, Scott N, PC, Mental Ill, 4,761.00; Pfeifer Implement Co, Hwy Constr, 1,382.55; Pheasantland Industr, Sheriff, 123.14; Preheim Lawn & Lands, Facilities, 994.00; Progressive Property, Human Svcs, 380.00; Qualified Presort Se, Var. Depts, 4,459.70; Quality Efficiencies, Human Svcs, 800.00; Quill Corp., JDC, 244.78; Qwest, Var. Depts, 5,079.35; Redwood Estates LLC, Human Svcs, 600.00; Ridgeview Apts Ltd P, Human Svcs, 400.00; Robson True Value, Facilities, 3.60; Ronning Commercial, Human Svcs, 885.00; Safelite Glass Corp., Planning, 59.95; Sanford Hospital - R, Human Svcs, 500.00; Sanford Hospital Med, St Atty, 11.25; Sanford Hospital - R, Human Svcs, 1,060.00; SD Dept of Public Sa, Human Svcs, 70.00; SD Human Services Ce, Public Def, 57.40; SD Law Enforcement C, Commission, 500.00; SD Secretary of Stat, Public Adv, 30.00; SDN Communications, Info Tech, 625.26; SECOG, Em Mgmt, 325.00; Security Labs, Ltd, Info Tech, 100.00; Servall Towel & Line, Var. Depts, 179.93; Shipley's Laundry &, Mus Entpr, 20.60; Signwarehouse.Com, Mus Ops, 240.67; Silver Glen MHC, LLC, Human Svcs, 300.00; Sioux Empire FCU/190, St Atty, 159.39; Sioux Empire FCU/480, Planning, 261.00; Sioux Falls Chamber, Sheriff, 160.00; Sioux Falls City Fin, Var. Depts, 1,289.11; Sioux Falls Two Way, Var. Depts, 918.00; Sioux Falls Utilitie, Var. Depts, 35.82; Sisson Printing, Inc, Em Mgmt, 257.95; Skogen Company, Human Svcs, 119.00; Southeast SD Tourism, Mus Ops, 2,004.00; Splitrock Ltd Ptnrsh, Human Svcs, 400.00; Stoterau, Christophe, Courts, 65.92; Sturdevant's Auto Pa, Var. Depts, 88.01; Swedeen, John & Holl, Mus Entrp, 150.00; Syverson Tile Co., I, Facilities, 3,336.21; T & N Enterprises LL, Human Svcs, 380.00; Tally Ho Apartments, Human Svcs, 495.00; Tenth Street, Inc., Dir of Eq, 29.40; Thorin, Deyanira T, Public Def, 87.50; TK Enterprises, Human Svcs, 250.00; Tuley, Brian, Human Svcs, 500.00; Umstead, Trae, Info Tech, 184.00; US Postal Service, Extension, 45.14; Van Loh, Jerry L, Human Svcs, 300.00; Vandyke, Jennifer L, Courts, 58.88; Velvet Uniforms, Inc, Var. Depts, 377.57; Verizon Wireless, Var. Depts, 6,144.80; Voigt, Debra, Courts, 1,000.00; Volunteers of Americ, Var. Depts, 3,402.72; Wal-Mart Pharmacy, Human Svcs, 12.00; Wal-Mart Pharmacy, Human Svcs, 8.00; Walgreen Co., Human Svcs, 119.22; Weeg's Trailer Park, Human Svcs, 190.00; West Group, Var. Depts, 4,043.66; Wheelco Brake & Supp, Hwy Constr, 533.30; Winfield Solutions L, Facilities, 384.00; Xcel Energy, Inc., Human Svcs, 9,082.25
REPORTS
The following reports were received and placed on file in the County Auditor's Office: Minnehaha County Register of Deeds Official Statement of Revenue for September 2009 and the Auditor's Account with the County Treasurer as of 9/30/09.
On Deposit in Banks: Interest-bearing open accounts, 4,866,235.35; CD's and savings, 19,000,000.00; Cash, 19,787.02; Checks/ drafts in Treasurer's possession for more than 3 days, 4,692.98; Total Cash on Hand, 23,890,715.35; Total AS/400 Cash Balance, 23,890,715.35,
PERSONNEL
MOTION by Hajek, seconded by Barth to approve the following personnel changes. 5 ayes.
1. To increase the hourly wage of Diana Hummel, part-time Museum Aide for the Museum to $9.2500/hour effective 10-20-09.
2. To end the temporary, part-time employment of David Hoefert as Spray Truck Operator for Highway effective 10-8-09.
3. To end the temporary, part-time employment of Bill Shatter as Spray Truck Operator for Highway effective 10-13-09.
4. To hire Daniel Thorson as part-time Correctional Officer in Training (12/A) for the Jail at 15.6584/ hour effective 10-17-09.
5. To accept the resignation of William Wasserman as part-time Parking Attendant for the Sheriff's Office effective 10-24-09.
6. To accept the voluntary demotion of Robert Bockorny from part-time Correctional Officer (13/I) to part-time Parking Attendant for the Sheriff's Office at $10.1800/hour effective 10-22-09.
7. To transfer Christopher Morgan from part-time Correctional Officer in Training for the 24/7 Program to part-time Correctional Officer in Training for the Jail effective 10-17-09.
8. To transfer Richard Rahn from part-time Correctional Officer in Training for the 24/7 Program to part-time Correctional Officer in Training for the Jail effective 10-17-09.
Step Increases Due:
1. Michael Mayer & Marty Roach - Highway Maintenance Worker - Highway - 12/J to 12/K, 10-23-09, $20.0440/hour
2. Richard Dodge - Custodian - Museum - 6/G to 6/H, 10-21-09, $13.8397/hour
3. Julie Van Den Hul - Administrative Secretary - Sheriff's Office - 10/J to 10/K, 9-19-09, $18.1589/hour
4. Lori Dearborn - Caseworker I - Human Services - 16/C to 16/D, 10-2-09, $20.5451/hour
5. LeAnne Harries - Paralegal - State's Attorney's Office - 16/D to 16/E, 10-16-09, $21.0587/hour
6. Mason Braun - Deputy Sheriff - Sheriff's Office - 16/I to 16/J, 10-12-09, $23.8260/ hour
7. Mark Jastram - Deputy Sheriff - Sheriff's Office - 16/F to 16/G, 5-10-09, $22.1248/ hour
Carey Deaver, Human Resources Director, briefed the Commission on various changes to the County Group Health Plan related to language in the Plan Document, health plan design changes, 2010 premiums, and premium collection. MOTION by Hajek, seconded by Kelly to approve the Minnehaha County Group Health Plan Document effective 1/1/10. 5 ayes. MOTION by Hajek, seconded by Kelly to approve the change in method of collecting health plan premiums from paying one month in advance to paying for coverage during the month of coverage. 5 ayes. (This action will result in health and dental premiums not being collected during the month of December). MOTION by Barth, seconded by Hajek to approve the Health Plan Design changes. 5 ayes. The design changes move from a co-insurance deductible based plan to one that includes co-pays, and discontinues the disease management program. MOTION by Twedt, seconded by Hajek to establish the 2010 health and dental premiums based on a 5% increase in dental premiums and 9% increase in health premiums. 5 ayes.
ABATEMENT
On the recommendation of Kyle Helseth, Deputy Director of Equalization, MOTION by Twedt, seconded by Hajek to approve the following abatement: JT Investment Properties LLC, ID 79361, 2007 property taxes, $28,414.79. 4 ayes, Barth nay.
LIENS
Commissioner Barth, County Aid Lien Liaison, briefed the Commission on a request to compromise DPNO 41205. The applicants were in the process of refinancing their home when the lien was noted by the title company. The lien if for medical services provided to the applicant during a time when he did not have health insurance. He has also suffered from a reduction in income due to a change in employment. Commissioner Kelly questioned why the applicant chose to be uninsured. Gordy Swanson, Deputy State's Attorney, explained that this medical claim was paid by the County after staff reviewed the couple's assets, at the time of service, and determined that they were not in a position to buy health insurance. MOTION by Barth, seconded by Twedt to approve Resolution MC09-45. 4 ayes, Kelly nay.
RESOLUTION MC09-45
WHEREAS, a County Aid Lien in the amount of $10,673.78 purports to exist in favor of Minnehaha County and against DPNO 41205 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:
Compromise and release the lien upon payment of $3,500. If payment is not made within one year from approval, this agreement is null and void.
Dated at Sioux Falls, South Dakota, this 20th day of October, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
On the recommendation of Hauge Associates, Inc., MOTION by Barth, seconded by Twedt to release DPNO 34735, in the amount of $999.50, in full upon payment of $500.00 within 10 days. 5 ayes.
HEARING
The Commission held the scheduled hearing to consider an application to transfer an inactive liquor license with Sunday privileges from Triple J, Inc./DJ's Bar to Dale Robb/Red Rock Bar & Casino, located at 48181 Highway 42, Brandon, legally described as Tract 1B McBeth Addn in the NE1/4 and SE1/4 Section 27-101-48. If approved, the license would be placed into active status at the new location. There were no objections to the transfer. MOTION by Kelly, seconded by Barth to approve the transfer application for RL-6163 with Sunday privileges. 5 ayes.
DONATION
Porter Williams, county resident, reported that the SD African American History Museum is in the process of creating a traveling museum to provide a cultural history of African American Heritage in South Dakota. Ken McFarland, Commission Administrative Officer, explained that the City of Sioux Falls has a transit bus that they would like to donate for this purpose. However, they are unable to donate the bus directly to the Museum and have asked that the County accept the bus, and donate it to the Multi-Cultural Center for use by the SDAAHM. Storage of the bus, when not in use for public viewing, was discussed. A letter from Carl Teer, SDAAHM President, states that the bus will be stored at a private facility. MOTION by Barth, seconded by Twedt to accept the transfer of 1 transit bus, model #G27E102N2, from the City of Sioux Falls, for purposes of donation to the Sioux Falls Multi-Cultural Center specifically for use by the South Dakota African American History Museum Committee, and that the bus will not be stored on property owned or controlled by Minnehaha County. 5 ayes.
BRIEFINGS
Hugh Grogan, Human Services Director, reported that the County, in collaboration with Lincoln County Human Services, Community Outreach, Lutheran Social Services, Volunteers of America, and Southeastern Behavioral Healthcare, has been awarded $1,149,486 as part of the Homelessness Prevention and Rapid Re-Housing Grant. The original request was for $1.89 million. The grant will be used for a 2-year program to provide housing assistance to those meeting certain criteria, and provide additional staffing and services for the program. Mr. Grogan explained that because the award differs from what was applied for, the operating budget will need to be revised. He requested authorization of an additional 1.5 FTE staff. The positions will be temporary and subject to grant funding. Commissioner Kelly noted that $659,000 of the total award will be used towards rent subsidies. MOTION by Hajek, seconded by Twedt to approve 1 FTE Caseworker I position and a .5 FTE Office Assistant position to be funded through this grant award. 4 ayes, Kelly nay.
Eli Whitney, Director of Equalization, briefed the Commission on a change in the method for assessing Ag land in the state. Due to a change in law, effective 11/1/09, Ag land will be assessed based on the agricultural income value of the land (productivity method) rather than market value. He explained the formula used to determine the land value. The intent of the law is to provide the "true farmer" relief from the market based system. The productivity method will create an estimated $69 million loss in valuation for 2010. The loss in tax revenue may be spread to small non-Ag acreages, residential, and commercial properties. Mr. Whitney explained that present law sets a minimum of 20 acres to receive the Ag classification along with other conditions. He did not believe 20 acres was appropriate for Minnehaha County. State law allows the county commission to increase the minimum acreage requirement up to 160 acres. Mr. Whitney asked that the Commission consider an increase to 40 acres. If such a change is not implemented, these small acreages would see a loss of $26.6 million in valuation in the conversion to the productivity method of value. Commissioner Twedt asked that a press release be issued explaining the new method and requested change in acreage size. Commissioner Hajek requested information from the SDACC on the net effect of this change for all SD counties. Commissioners will consider changing the minimum acreage requirement next week.
PROPOSAL
Ken McFarland, Commission Administrative Officer, presented a proposal to expand the intercom system in the County Administration Building to other buildings on the county campus. After review by the Building Committee, an additional option was added to allow speaker selection for specific buildings. The total cost of upgrades is $7,087 and will be paid for through Homeland Security grant funds. MOTION by Kelly, seconded by Barth to authorize the Chairman to sign acceptance of proposal from Dynamic Technical Building Systems in the amount of $7,087. 5 ayes.
SUPPLEMENT
MOTION by Twedt, seconded by Hajek to approve the following supplements: from the General Fund to the Sheriff's Department budget $4,999.45 (ASN 16578) for US Marshals Equipment reimbursement; $594.00 (ASN 16579) COPS Meth Grant, $652.47 (ASN 16580) JTTF, $9,000 (ASN 16581) 2009 ICAC Stimulus Grant, and $4,070.12 (ASN 16531) HIDTA; and from the Pass-Thru Fund to the Pass-Thru budget $5,314.48 (ASN 20354) COPS Meth Grant. 5 ayes.
BRIEFING
Kristin Trana, Sheriff's Office Administrative Coordinator, briefed the Commission on the following grant awards: FFY2010 Minnehaha County Highway Safety Grant, 2009 Bulletproof Vest Partnership Grant, and the 2009 Internet Crimes against Children Stimulus Grant.
NEW BUSINESS
Bob Meister, Highway Superintendent, reported that a portion of the work on Project MC140 BM-09, asphalt resurfacing on CR 140 (Rice Street), was rejected. The contractor, Black-Top Paving Company, was informed that 7,000 feet of asphalt was out of compliance. The contractor has accepted responsibility and has proposed corrective action to mill and replace the section, which was accepted by Mr. Meister.
On 9/29/09, the Commission approved a Resolution of Sale of various tax deed properties. The terms of the sale require full payment on properties purchased for less than $5,000, and 10% down with balance due within 30 days for properties sold for over $5,000. David Edwards, attorney, requested an extension of payment for tax deed #2515. The property was sold to Michael W Hartman for $9,000, with a $10 filing fee, and has a balance due of $8,110 to be paid by 10/26/09. He explained that his client applied for a bank loan to make improvements to the property. The bank has made the loan contingent on quite title action. Mr. Edwards explained that he has started the QT process and asked that the balance due be extended to 12/28/09. He also requested that his client be allowed access to the property to begin making improvements required by the City of Sioux Falls. Commissioner Hajek cautioned approving the request, and did not want to set a precedent for other bidders to breach their contract. She noted that the buyer was aware of the terms prior to the sale and that his attorney said he could make the payment if the request is denied. MOTION by Kelly, seconded by Barth to extend payment of tax deed #2515, in the amount of $8,110.00, until 12/28/09 and allow the purchaser access to the property to make improvements. 3 ayes, Hajek and Twedt nay.
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 Tuesday, October 27, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $197.33.
1238922-02 Oct. 28, 2009

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED IN JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 5:00 P.M., October 19, 2009, pursuant to adjournment on October 13, 2009. Commissioners present were: Pekas, Barth, Kelly, and Twedt. Commissioner Hajek was absent. Sandy Kinder, Deputy Auditor, was also present.
City Council Members present: Anderson, Beninga, Costello, Jamison, Knudson, Litz, Staggers, and Mayor Munson. Brown was absent.
Chairman Pekas called the meeting to order.
MOTION by Barth, seconded by Twedt to approve the agenda. 4 ayes.
HEARING
Mike Cooper, Sioux Falls Director of Planning and Zoning, requested deferral of the scheduled hearing to consider a request to rezone from the A-1 Agriculture District to Planned Development District property legally described as the W1/2 SW1/4 (EX LOT H1 NW1/4 SW1/4, EX LOT H1 SW1/4 SW1/4, & EX LOT H2 W1/2 SW1/4; & EX CO AUD TR 1 SW1/4) of Section 26-T102N-R50W. The property is located approximately 1/2 mile west of Sioux Falls at the intersection of LaMesa Drive and S.D. Highway 38. Deferral was requested to allow a first reading and publication on the City agenda. MOTION by Barth, seconded by Twedt to defer the hearing until the November 16, 2009, joint meeting. 4 ayes. City concurred.
Commissioner Twedt left the meeting.
Commissioner Barth discussed a portion of gravel roadway in the Klein Subdivision of Minnehaha County. Several complaints have been received on the condition of the road and Wayne Township has declined to continue maintaining it. Mike Cooper, Sioux Falls Director of Planning and Zoning, reported that the City has been working with residents of that subdivision on a pre-annexation plan. Improvements can be made by the City if the area is annexed.
MOTION by Barth, seconded by Kelly to adjourn until 9:00 a.m. on Tuesday, October 20, 2009. 3 ayes.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $20.43.
1238918-02 Oct. 28, 2009