Summons
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
DIV. 09-
SUMMONS
HABIBA H. ALI,
Plaintiff,
v.
ISJANAK GIZAW BAROW,
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an Answer to the Complaint which is herewith served upon you 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 to 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 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; and
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.
STANDARD GUIDELINES AND CUSTODY OF MINOR CHILD(REN)
Pursuant to SDCL §25-4A-11, upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of the time in the twelve months preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who shall be awarded custody at any hearing.
Dated this 27th day of October, 2009, at Sioux Falls, South Dakota.
ENGELS LAW OFFICE, P.C.
Attorney for Plaintiff
/s/ Richard A. Engels
RICHARD A. ENGELS
300 N. Dakota Avenue, Suite 215
Sioux Falls SD 57104
Phone (605) 271-3561
Fax (605) 271-3562
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
DIV. 09-
ORDER GRANTING PERMISSION
FOR SERVICE OF NOTICE OF
SUMMONS BY PUBLICATION
HABIBA H. ALI,
Plaintiff,
v.
ISJANAK GIZAW BAROW,
Defendant.
This matter having come before the Court upon the motion of Plaintiff, Habiba H. Ali, by and through her attorney, Richard A. Engels, and the affidavit of Plaintiff, for permission to serve Defendant, Isjanak Gizaw Barow, with the Summons in this divorce action by publication; and the Court having read the motion and affidavit; and it appearing that a cause of action exists against Defendant upon whom such service is to be made and that said Defendant is the proper party to this action; and the Court finding that good cause exists for the granting of said motion; and in the interests of justice, it is hereby
ORDERED that Plaintiff is allowed to serve Defendant, Isjanak Gizaw Barow, with the Summons in this action by publication in the Dell Rapids Tribune, a legal newspaper circulated in the County of Minnehaha, State of South Dakota; and
IT IS FURTHER ORDERED that said Summons shall be published in the legal section of the Dell Rapids Tribune once each week for four successive weeks.
Dated this 28th day of October, 2009, at Sioux Falls, South Dakota.
BY THE COURT:
BRADLEY G. ZELL
Circuit Court Judge
ATTEST:
CHARLES M. FECHNER
Clerk of Courts
By: BRIANNA COCHRAN
Deputy
T-11/4-25 Summ Ad#1270173

Dells Area Health Center
NOTICE OF THE ANNUAL
MEETING OF THE MEMBERS OF THE DELLS AREA HEALTH CENTER
NOTICE IS HEREBY GIVEN that the annual meeting of the members of The Dells Area Health Center, Dell Rapids, Minnehaha County, South Dakota, will Be held in the Conference Room of the Dells Area Health Center Hospital, Dell Rapids, South Dakota on Monday, November 30th, 2009 at 7:00 P.M. of that day, at which meeting reports of business transacted by the Corporation during the past year will be submitted, two (2) Directors may be elected each for a term of (3) years, and such other business as may properly come before the meeting.
By Order of the Board of Directors of Dells Area Health Center.
Dated this 1st day of November, 2009.
Dells Area Health Center
By: ______________________
Tom Schwebach
Secretary/Treasurer
Board of Directors
Dells Area Health Center
Published twice at the total approximate cost of $29.95.
T-Nov 11, 25 NtcAnnMtg #1241240

Godsk Estate
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
Pro. 09-224
NOTICE TO CREDITORS
In the Matter of the Estate of
JAMES GODSK,
Deceased.
Notice is hereby given that on the 4th day of November, 2009, Donald Godsk, whose address is 1113 N. Garfield Avenue, Dell Rapids, SD, 57022, was appointed as Personal Representative of the Estate of James Godsk, deceased.
Creditors of the decedent must present their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims may be delivered to or mailed to the Personal Representative or may be filed with the Clerk of the Circuit Court, and a copy of the claim mailed or delivered to the Personal Representative.
Dated this 4th day of November, 2009.
Donald Godsk -
Personal Representative
1113 N. Garfield Avenue
Dell Rapids, SD 57022
CHARLES M. FECHNER
Clerk of Circuit Court
Minnehaha County Courthouse
425 N. Dakota Avenue
Sioux Falls, South Dakota 57104
(605) 367-5900
Vogt, Brown, Merry & Hammer
P. O. Box 100
Dell Rapids, South Dakota
57022-0100
(605) 428-5444
Attorneys for Personal
Representative
T-Nov. 11, 18, 25 Godsk #1241234

Dell Rapids
RESOLUTION NO. 11-16-09-21
A RESOLUTION DECLARING THE NECESSITY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, TO ACQUIRE CERTAIN REAL PROPERTY FOR PARK AND RECREATION PURPOSES.
WHEREAS, Floyd R. Park, of Dell Rapids, South Dakota, and Lance A. Park, of Brookings, South Dakota, are the owners of an undivided three-fourths (3/4ths) interest in the hereinafter described real property, and have offered to donate the same to the City of Dell Rapids, South Dakota;
WHEREAS, Kevin D. Park, of Dell Rapids, South Dakota, is the owner of an undivided one-fourth (1/4th) interest in the hereinafter described real property, and has offered to sell the same to the City of Dell Rapids, South Dakota, for the sum of Three Thousand and No/100 ($3,000.00) Dollars; and
WHEREAS, the City Council of said City believes it to be in the best interests of the City to accept and acquire said property for park and recreation purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, that it is advisable, necessary and in the best interest of the City and its citizens to acquire the following described real property for park and recreation purposes:
Lot 3 of Kenefick’s Subdivision of the East Half (E½) of Section 16, Township 104 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota, according to the recorded plat thereof, subject to easements, restrictions and rights of way of record;
BE IT FURTHER RESOLVED that the Mayor and Municipal Finance Officer of said City be, and they hereby are, authorized to secure said property by purchasing the same for the total sum of Three Thousand and No/100 ($3,000.00) Dollars and by accepting appropriate Warranty Deeds therefore from Floyd R. Park, Kevin D. Park and Lance A. Park, and to file and record said Deeds in the office of the Register of Deeds of Minnehaha County, South Dakota.
Introduced by Alderman Woolf, seconded by Alderman Paul, and on vote 6 (six) for and 0 (zero) against, the Mayor declared this Resolution passed and adopted, by the necessary two-thirds majority.
Dated this 16th day of November, 2009.
ATTEST:
LEANN KERZMAN
Municipal Finance Officer
(MUNICIPAL SEAL)
SCOTT FIEGEN
Mayor
Published once at an approximate cost of $36.15.
T-11/25 Res 09-21 Ad#1243348

Dell Rapids
RESOLUTION 11-16-09-22
A RESOLUTION AUTHORIZING THE CITY OF DELL RAPIDS, SOUTH DAKOTA, TO ENTER INTO AN OPERATING AGREEMENT WITH THE HOLDER OF AN ON-SALE LIQUOR LICENSE PURSUANT TO AND IN CONFORMITY WITH SDCL CHAPTER 35-4.
WHEREAS, the City of Dell Rapids, South Dakota, is engaged in the ownership and operation of a municipal on-sale and off-sale liquor store within the City of Dell Rapids, South Dakota; and
WHEREAS, pursuant to SDCL 35-4-11 and City Ordinance Sec. 4-15, the City has authority to issue to itself additional on-sale alcoholic beverage licenses in conformity with SDCL 35-4-2(4); and pursuant to SDCL 35-4-2.1 and City Ordinance Sec. 4-7, the City has additional authority to provide any such on-sale licensee the privilege of Sunday operations during the hours allowed by law; and
WHEREAS, SDCL 35-4-19 allows the City to enter into an operating agreement with another person for the purpose of operating one of the additional on-sale licenses described above; and, in fact, no on-sale license may compete with and within the City unless such operating agreement is entered into, except as otherwise provided by law; and
WHEREAS, “Monte Martell”, d/b/a Monkey’s of 47554 Theresa Circle, Sioux Falls, South Dakota, 57104, herein called “OPERATOR” has made application to the City for the use of one of the additional on-sale licenses, and has made request of the City for an operating agreement therefore;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, that the Operating Agreement dated November 16, 2009, between the City and the above named operator, be and the same hereby is approved and adopted and the Mayor and Municipal Finance Officer are hereby authorized and directed to execute the same on behalf of the City of Dell Rapids, South Dakota, said Operating Agreement being hereby incorporated herein by this reference thereto as if set forth herein in full.
Dated this 16th day of November, 2009.
FOR THE GOVERNING BODY OF THE
CITY OF DELL RAPIDS, SOUTH DAKOTA
By______________________
Scott Fiegen, Mayor
ATTEST:
By_______________________
LeAnn Kerzman, Finance Officer
Published once at an approximate cost of $36.15.
T-11/25 Res09-22 Ad#1243350

Dell Rapids
RESOLUTION 11-16-09-24
A RESOLUTION AUTHORIZING THE CITY OF DELL RAPIDS, SOUTH DAKOTA, TO ENTER INTO AN OPERATING AGREEMENT WITH THE HOLDER OF AN ON-SALE LIQUOR LICENSE PURSUANT TO AND IN CONFORMITY WITH SDCL CHAPTER 35-4.
WHEREAS, the City of Dell Rapids, South Dakota, is engaged in the ownership and operation of a municipal on-sale and off-sale liquor store within the City of Dell Rapids, South Dakota; and
WHEREAS, SDCL 35-4-13.1 provides that any “club” which had before July 1, 1971, been issued a license under the provisions of former Subdivision (13) of SDCL 35-4-2 may continue as an on-sale licensee upon its continued annual application to the City of Dell Rapids, South Dakota; and
WHEREAS, the lounge and eating establishment owned by Brenda’s Pastry, Inc., located in the City of Dell Rapids, South Dakota, is such a “club” within the meaning and intent of SDCL 35-4-13.1; and
WHEREAS, “Brenda’s Pastry, Inc., d/b/a Old Dutch, of 405 S. Garfield, Dell Rapids, South Dakota, 57022, herein called “OPERATOR” has made application to the City for the use of said on-sale license, and has made request of the City for an operating agreement therefore;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, that the Operating Agreement dated November 16, 2009, between the City and the above named operator, be and the same hereby is approved and adopted and the Mayor and Municipal Finance Officer are hereby authorized and directed to execute the same on behalf of the City of Dell Rapids, South Dakota, said Operating Agreement being hereby incorporated herein by this reference thereto as if set forth herein in full.
Dated this 16th day of November, 2009.
FOR THE GOVERNING BODY OF THE
CITY OF DELL RAPIDS, SOUTH DAKOTA
By_______________________
Scott Fiegen, Mayor
ATTEST:
By_______________________
LeAnn Kerzman, Finance Officer
Published once at an approximate cost of $33.50.
T-11/25 Res 09-24 Ad#1243355

Baltic
MINUTES OF 10 NOVEMBER 2009 REGULAR SESSION
THE BALTIC CITY COUNCIL MET IN REGULAR SESSION ON 10 NOVEMBER 2009. MAYOR MIKE WENDLAND called the meeting to order at 7:02 PM. Present were Council members Calvin Whiting, Jason Pittmann, Jason Turner and Ron Jenks. Also present was Finance Officer Hendrickson and Maintenance Supervisor Johnson. The meeting was held at the Baltic City Hall.
Pittmann made a motion to approve the 14 October 2009 Regular Session minutes with the addition of the fact that Pay Request 6 was the final pay request for the Kringen Avenue project. Motion seconded by Whiting. All Ayes. Jenks made a motion to approve 04 November 2009 Special Session minutes. Motion seconded by Pittmann. All Ayes.
Old business. The second reading of Ordinance #216 was tabled until Toby Brown was present.
Disbursements were reviewed. Pittmann made a motion to approve the disbursements. Motion seconded by Turner. All Ayes.
ARGUS LEADER legal paper subscription $36.03 A-TECH SEWER CLEANING AND VIDE 6811.00 cleaning and video; AMERICAN UNDERGROUND 94.90 blow out sprinklers; BUSINESS FORMS & ACCOUNTING 401.24 forms; BANYON DATA SYSTEMS INC $195.00 software support; BARGAIN BARN #1 657.20 pickup tires; BANNER ASSOCIATES INC $2,963.72 engineer services; COLTON REDI-MIX 152.63 gravel; CITY OF BALTIC P/C REIMBURSE 122.95 supplies; ELAINE HENDRICKSON 48.40 mileage; DAKOTA TREE NURSERY 1950.00 trees and moving; FRED THE FIXER 7.00 lock repair; HUBERS ELECTRIC 64.47 park repairs; KATHY FAITH $24.20 mileage; MIKE WENDLAND $24.20 mileage; Panitzke 6.20deposit return, PHEASANTLAND INDUSTRIES $135.18 shirts SAFETY BENEFITS, INC. $55.00safety conf; SAMS CLUB (CREDIT) $12.76 usb stick; SCHOENFISH & CO., INC $203.00 assistance visit; SD MUNICIPAL LEAGUE $230.00 Registration; SD MUNICIPAL LEAGUE WC FUND $2,902.00 workers comp ins; THOMSON WEST#30.50 sdcl update; TRUE VALUE HDW $27.98 tree wrap; US POST OFFICE $224.00 postage; US BANK $465.27 travel, supplies; VANDERSNICK EXCAVATING $206.55 water leak; VIRG'S SERVICE $23.11 chain sharpening FIRST NATIONAL BANK- BALTIC $2,211.82 taxes; HUGHES LAW OFFICES $898.16 SERVICES; MIDAMERICAN ENERGY $49.79 gas; MINNEHAHA COMM WATER $2,770.30 Water; SD DEPT OF REVENUE 333.08 SALES TAX; SVERDRUP TOWNSHIP 50.00 BLADING; VERIZON WIRELESS $107.58 CELL PHONE; XCEL ENERGY 1589.22 electricity; DELL RAPIDS LUMBER CO $76.34 supplies; ICMA RETIREMENT TRUST 457 $292.34; ONE CALL SYSTEMS, INC locates $18.70; NOVAK SANITARY SERVICE $4878.42 PICKUP SERVICE; DAKOTA BACKUP $22.08 remote backup; ARGUS LEADER MEDIA $193.15 publication; CITY OF BALTIC WATER DEPT. $58.50 water, sewer; REVTRAK 42.34 credit card equip&service charge; ALLIANCE COMMUNICATIONS $174.65 phone, alarms; TNT TOTAL STOP 299.05 fuel; KINETIC LEASING Kringen lease buy back $2,164.55; FIRST NATIONAL BANK- BALTIC 3.00 nsf fee; Total 34307.56
October 2009 Salaries in gross amounts by Department: Finance, $1845.87; Streets, $1375.16; Parks, $1375.16; Liquor, $162.02; Water, $2906.41; Sewer, $2906.36; Total $10635.58.
Public Time. Discussion on the lack of a Baltic Newspaper.
Pool Committee. Pittmann gave results of an informal survey on Park budgets of South Dakota cities. Mayor Wendland explained that the City is continuing to request proposals for a Financial Analysis. He explained that this may take longer than expected because fewer firms are interested in municipal work.
Police Report. Deputy Janos was present. Speeding on 5th Street was discussed.
Maintenance Update. Johnson was absent.
City Hall Update. Hendrickson explained the upcoming events calendar and meetings. She explained the need for a magazine committee and would like a couple school representatives on the Committee. She explained that a new computer was budgeted for 2009 and is needed. She was directed to get a new computer.
Attorney Comments. Hughes was excused.
New Business. City Liquor license renewal was discussed. Turner made a motion to approve RL-5442, City of Baltic, Baltic Lounge. Whiting seconded. All Ayes.
Jenks made a motion to approve PL-4449, City of Baltic, Baltic Lounge. Turner seconded. All Ayes.
Whiting made a motion to approve RL-6320, City of Baltic, Jos A T Moe Legion Post 175. Turner seconded. All Ayes.
Mayor Wendland read Resolution 09-12. RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND. Turner made a motion to approve Resolution 09-12. Jenks seconded. All present voted Aye.
Mayor Wendland introduced a letter recommending award of the Water Meter Replacement 2009 Project to Dakota Supply Group in the amount of $140,580.70. Turner made a motion to award the bid as described above. Jenks seconded. All present voted Aye.
Mayor Wendland read Resolution 09-13. RESOLUTION GIVING APPROVAL TO CERTAIN DRINKING WATER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND. Whiting made a motion to approve Resolution 09-12. Jenks seconded. 3 Ayes 1 Nay. Motion Passed.
Mayor Wendland gave the first reading of Ordinance #219 the 2009 Supplemental Appropriations Ordinance. Whiting made a motion to approve the 1st reading. Pittmann seconded. All Ayes.
Toby Brown of Southeastern Council of Governments spoke about the changes that had been made to the Zoning Ordinance. He recommended tabling the 2nd reading of Ordinance #216 until the December meeting.
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 $75.04.
T-11/25 Min 11/10 Ad#1243358

Baltic
MINUTES OF 11 NOVEMBER 2009 SPECIAL SESSION
THE BALTIC CITY COUNCIL MET IN SPECIAL SESSION ON 11 NOVEMBER 2009. Mayor Michael Wendland called the meeting to order at 6:35 PM. Present were Council members Calvin Whiting, Jason Turner, Ron Jenks and Jason Pittmann. Also present was Finance Officer Hendrickson. The meeting was held at the Baltic City Hall.
Jenks made a motion to enter into Executive Session to discuss contracts. Whiting seconded. All present voted Aye.
The Council came out of Executive Session at 8:30 PM.
Discussion was held on Employee insurance contributions for 2010 per the City of Baltic Handbook. Whiting made a motion to contribute $418/mo. per eligible employee. Jenks seconded. All Ayes.
At 8:35 PM Turner made a motion to adjourn. Pittmann seconded. All present voted Aye.
Elaine C. Hendrickson
Municipal Finance Officer
Published once at the approximate cost of $19.66.
T-11/25 Min 11/11 Ad#1243360

Baltic
RESOLUTION NO. 09-12
City of Baltic
RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND.
WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of any system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; or any system for the control of floods and drainage; or any combination thereof, together with extensions, additions, and necessary appurtenances; and,
WHEREAS, a municipality is authorized to issue revenue bonds to defray the cost of extensions, additions and improvements to any utility previously owned and is authorized to pledge the net income or revenues from the system in accordance with Section 15 of the Act; and,
WHEREAS, the City of Baltic (the “City”) currently operates a sewer system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; and for the control of floods and drainage and has determined that improvements to the sewer facilities are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its sewer system; and,
WHEREAS, the City has determined to issue its revenue bonds to finance the improvements to its sewer system for the purpose of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes (the “System”) and has applied to the South Dakota Conservancy District (the “District”) for a Clean Water State Revolving Fund Loan to finance the improvements;
WHEREAS, the City shall adopt rates and charges to be pledged, segregated and used for the payment of the Revenue Bond.
NOW THEREFORE BE IT RESOLVED by the City as follows:
SECTION 1. Definitions. The terms when used in this Resolution shall have the following meanings set forth in this section unless the context clearly requires otherwise. All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires.
“Act” means South Dakota Codified Laws Chapter 9-40.
“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant to the terms of the Loan Agreement and as evidenced by the Revenue Bond.
“Project” means City of Baltic Rip Rap Installation Project.
“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement by the City to the South Dakota Conservancy District to evidence the City’s obligation to repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.
“System” means the City’s system of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes.
SECTION 2. Declaration of Necessity and Findings.
2.1. Declaration of Necessity. The City hereby determines and declares it is necessary to construct and finance improvements to its System described as the Project.
2.2. Findings. The City does hereby find as follows:
2.2.1. The City hereby expressly finds that if the Project is not undertaken, the System will pose a health hazard to the City and its inhabitants, and will make the City unable to comply with state and federal law.
2.2.2. Because of the functional interdependence of the various portions of the System, the fact that the System may not lawfully operate unless it complies with State and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and the nature of the improvements financed, the City hereby finds and determines that the Project will substantially benefit the entire System and all of its users within the meaning of Sections 15 and 17 of the Act.
2.2.3. The City hereby determines and finds that for the purposes of the Act, including, in particular, Sections 15 and 17 of the Act, the only the net income from the system as improved, financed by the Revenue Bond, be pledged for its payment.
SECTION 3. Authorization of Loan, Pledge of Revenue and Security.
3.1. Authorization of Loan. The City hereby determines and declares it necessary to finance up to $433,000 of the costs of the Project through the issuance of bonds payable from net revenues of the system and other funds secured by the City. The City hereby determines that because the Revenue Bond is issued in connection with a financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no election is required to issue the Revenue Bond.
3.2. Approval of Loan Agreement. The execution and delivery of the Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on file with the City Finance Officer (the “Finance Officer”) and open to public inspection, between the City as Borrower and the District, are hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the Attorney for the City deems appropriate and approves, for and on behalf of the City. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement. The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party.
3.3. Approval of Revenue Bond. The issuance of a revenue bond in a principal amount not to exceed $433,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement. The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that approval. The Revenue Bond shall be issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in Section 19 of the Act.
3.4. Pledge of Revenues. The Revenue Bond together with the interest thereon, shall not constitute a charge against the City’s general credit or taxing power, but shall be a limited obligation of the City payable solely out of the Project Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of, interest and Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof). The City hereby irrevocably pledges to the South Dakota conservancy District all income and revenues of the System, including, without limitation, fees, charges to users of the System, penalties and hook-up fees, sign-up fees, proceeds of business interruption insurance, proceeds from the sale of property constituting part of the System and investment income on all such revenues, but only to the extent that the revenues exceed the amounts necessary to operate and maintain the System, provided there shall be excluded from this pledge the proceeds of any federal or state grant or loan, and the investment income therefrom, to the extent such exclusion is a condition of such grant or loan. The City covenants and agrees to charge rates for all services from the System or establish charges or rates which will be sufficient to provide for the payments upon the Revenue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall be revised from time to time so as to produce these amounts. The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 3 or any other covenant or agreement in the Loan Agreement.
SECTION 4. Rates, Certification, Segregation and Review.
4.1. Rates and collection There shall be charged rates for each fiscal year which shall ensure that its Net Revenues Available for Debt Service will equal at least 110% of its System Debt Service for such fiscal year.
4.2. Certification. In each fiscal year, or as soon as practicable, and in any event by the date of the delivery of the unaudited financial statements required in the Loan Agreement, the City shall (a) calculate its Net Revenues Available for Debt Service and System Debt Service for the fiscal year, and (b) certify such figures to the South Dakota Conservancy District. The certification described in clause (b) of the preceding sentence shall be substantially in the form of the certificate attached as Appendix E to the Loan Agreement. If the City fails to meet the Rate Covenant set forth in Section 6.4 of the Loan Agreement, the City shall supply the District with quarterly reports on the actions it is taking to correct its coverage deficiency until it delivers an annual coverage certificate showing compliance with the first sentence of this Section.
4.3. Segregation. The Finance Officer shall set up bookkeeping accounts in accordance with South Dakota Legislative Audit guidelines for the segregation of the revenue.
4.4. Periodic review. The sewer rates shall be reviewed from time to time, not less than yearly, and shall be modified in order to produce such funds as are necessary and required to comply with the Loan Agreement’s rate covenant and to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due. The rates may be set by ordinance or resolution in accordance with this Section. The rate ordinance or resolution shall be necessary for the support of government and shall be effective upon passage.
SECTION 5. Additional Bonds. As permitted by Section 8 and 9 of the Act, Additional Bonds payable from revenues and income of the System may be issued, as permitted in the Loan Agreement, and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements. The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement.
SECTION 6. Project Fund Accounts. For the purpose of application and proper allocation of net income of the System and to secure the payment of principal, Administrative Surcharge and interest on the Revenue Bond, the following mandatory asset segregations shall be included in the sewer system account of the City and shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond:
6.1. Project Revenue Account. There shall be deposited periodically into the Project Revenue Account the net revenues as defined in Section 17 of the Act derived from the operation of the Project collected pursuant to the Ordinances and resolutions of the City of Baltic, South Dakota (collectively the “Rate Ordinance”). Moneys from the Project Revenue Account shall be transferred periodically into separate funds and accounts as provided below.
6.2. Project Debt Service Account. Out of the revenues in the Project Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated Project Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal of, interest and Administrative Surcharge on the Revenue Bonds and any reserve determined by the City’s governing body to be necessary. The amount set aside monthly shall be not less than one-third of the total principal, interest, and Administrative Surcharge payable on the following January 15, April 15, July 15, or October 15 and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement.
6.3. Depreciation Account. There shall be established a General Depreciation Account. Out of the revenues of the Project Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the Common Council to be a proper and adequate amount for repair and depreciation of the Project.
6.4. Project Surplus Account. There shall be established the Project Surplus Account. Revenues remaining in the Project Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be transferred to the Project Surplus Account. If at any time there shall exist any default in making any periodic transfer to the Project Debt Service Account, the Common Council shall authorize the City Finance Officer to rectify such default so far as possible by the transfer of money from the Project Surplus Account. If any such default shall exist as to more than one account or fund at any time, then such transfer shall be made in the order such funds and accounts are listed above.
When not required to restore a current deficiency in the Project Debt Service Account, moneys in the Project Surplus Account from time to time may be used for any of the following purposes and not otherwise:
(a) To redeem and prepay the Revenue Bond when and as such Revenue Bond becomes prepayable according to its terms;
(b) To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the Project Debt Service Account and the Project Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then:
(c) To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or
(d) To be used for any other authorized municipal purpose designated by the Common Council.
(e) No moneys shall at any time be transferred from the Project Surplus Account or any other account of the Fund to any other fund of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as provided in this Section.
SECTION 7. Approval of Paying Agent/Registrar. The Revenue Bond shall be payable at the office of The First National Bank in Sioux Falls, Sioux Falls, South Dakota, hereby designated as paying agent and registrar.
SECTION 8. Approval of Bond Counsel. Meierhenry Sargent LLP is hereby retained as Bond Counsel with respect to the Revenue Bond.
SECTION 9. Tax Matters. The Interest on the Revenue Bond shall be excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (“the Code”) and applicable Treasury Regulations (the “Regulations”).
SECTION 10. Covenants. The City hereby covenants and agrees with the District and other owners of the Revenue Bond as follows:
10.1. The City will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution.
10.2. The City agrees and covenants that it will promptly construct the improvements included in the Project.
10.3. The City covenants and agrees that pursuant to Sections 25 through 27 of the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the Project and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal and interest on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the distribution of water for municipal, industrial, and domestic purposes within the City.
10.4. The City covenants and agrees with the District and other owners of the Revenue Bond that it will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remains outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement. The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to Series 19 of the Act.
SECTION 11. Depositories. The Finance Officer shall cause all moneys pertaining to the Funds and Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Bonds and the interest thereon shall remain unpaid. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Fund may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the Fund or Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein.
SECTION 12. Consent to Appointment. In the event of mismanagement of the Project, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers set forth therein, and in Section 34 and 35 of the Act to operate and administer the Project, and charge and collect rates as described therein.
SECTION 13. Severability. If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document.
SECTION 14. Authorization of City Officials. The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein.
SECTION 15. Principal Forgiveness. In order to qualify for up to 46.19% of the total principal amount of the Loan forgiven in an amount not to exceed $200,000, City officials are directed to cause the compliance with the following deadlines:
(a) Submit complete plans and specifications for the Project to the Department on or before October 1, 2009;
(b) Advertise for bids and open bids for the project in accordance with SDCL Chapter 5-18 on or before December 10, 2009;
(c) Submit the bid of the apparent lowest bidder to the Department for review on or before December 21, 2009; and
(d) Execute construction contracts on or before February 1, 2010.
SECTION 16. Effective Date. This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum.
Adopted at Baltic, South Dakota, this ____ day of ____________2009.
APPROVED:
Michael J. Wendland
Mayor
(SEAL)
Attest: ____________________
Elaine C. Hendrickson
Municipal Finance Officer
Published: ________________
Effective: ________________
Published once at an approximate cost of $245.01.
T-11/25 Res 9-12 Ad#1243361

Baltic
RESOLUTION NO. 09-13
City of Baltic
RESOLUTION GIVING APPROVAL TO CERTAIN DRINKING WATER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND.
WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes; and,
WHEREAS, a municipality is authorized to issue revenue bonds to defray the cost of extensions, additions and improvements to any utility previously owned and is authorized to pledge the net income or revenues from the system in accordance with Section 15 of the Act; and,
WHEREAS, the City of Baltic (the “City”) currently operates a system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes and has determined that improvements to the waterworks are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its waterworks system; and,
WHEREAS, the City has determined to issue its revenue bonds to finance the improvements to its waterworks system (the “System”) and has applied to the South Dakota Conservancy District (the “District”) for a Drinking Water State Revolving Fund Loan to finance the improvements;
WHEREAS, the City shall adopt rates and charges to be pledged, segregated and used for the payment of the Revenue Bond.
NOW THEREFORE BE IT RESOLVED by the City as follows:
Definitions.
The terms when used in this Resolution shall have the following meanings set forth in this section unless the context clearly requires otherwise. All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires.
“Act” means South Dakota Codified Laws Chapter 9-40.
“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant to the terms of the Loan Agreement and as evidenced by the Revenue Bond.
“Project” means Baltic Water Meter Replacement Project.
“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement by the City to the South Dakota Conservancy District to evidence the City’s obligation to repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.
“System” means the City’s system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes.
SECTION 2. Declaration of Necessity and Findings.
2.1. Declaration of Necessity.
The City hereby determines and declares it is necessary to construct and finance improvements to its System described as the Project.
2.2. Findings. The City does hereby find as follows:
2.2.1. The City hereby expressly finds that if the Project is not undertaken, the System will pose a health hazard to the City and its inhabitants, and will make the City unable to comply with state and federal law.
2.2.2. Because of the functional interdependence of the various portions of the System, the fact that the System may not lawfully operate unless it complies with State and federal laws, including SDCL Chapter 34A-3A, and the federal Safe Drinking Water Act, and the nature of the improvements financed, the City hereby finds and determines that the Project will substantially benefit the entire System and all of its users within the meaning of Sections 15 and 17 of the Act.
2.2.3. The City hereby determines and finds that for the purposes of the Act, including, in particular, Sections 15 and 17 of the Act, the only the net income from the system as improved, financed by the Revenue Bond, be pledged for its payment.
SECTION 3. Authorization of Loan, Pledge of Revenue and Security.
3.1. Authorization of Loan. The City hereby determines and declares it necessary to finance up to $165,000 of the costs of the Project through the issuance of bonds payable from net revenues of the System and other funds secured by the City. The City hereby determines that because the Revenue Bond is issued in connection with a financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no election is required to issue the Revenue Bond.
3.2 Approval of Loan Agreement. The execution and delivery of the Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on file with the City Finance Officer (the “Finance Officer”) and open to public inspection, between the City as Borrower and the District, are hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the Attorney for the City deems appropriate and approves, for and on behalf of the City. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement. The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party.
3.3 Approval of Revenue Bond. The issuance of a revenue bond in a principal amount not to exceed $165,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement. The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that approval. The Revenue Bond shall be issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in Section 19 of the Act.
3.4 Pledge of Revenues. The Revenue Bond together with the interest thereon, shall not constitute a charge against the City's general credit or taxing power, but shall be a limited obligation of the City payable solely out of the Project Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of, interest and Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof). The City hereby irrevocably pledges to the South Dakota conservancy District all income and revenues of the System, including, without limitation, fees, charges to users of the System, penalties and hook-up fees, sign-up fees, proceeds of business interruption insurance, proceeds from the sale of property constituting part of the System and investment income on all such revenues, but only to the extent that the revenues exceed the amounts necessary to operate and maintain the System, provided there shall be excluded from this pledge the proceeds of any federal or state grant or loan, and the investment income therefrom, to the extent such exclusion is a condition of such grant or loan. The City covenants and agrees to charge rates for all services from the System or establish charges or rates which will be sufficient to provide for the payments upon the Revenue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall be revised from time to time so as to produce these amounts. The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 3 or any other covenant or agreement in the Loan Agreement.
SECTION 4. Rates, Certification, Segregation and Review.
4.1. Rates and collection There shall be charged rates for each fiscal year which shall ensure that its Net Revenues Available for Debt Service will equal at least 110% of its System Debt Service for such fiscal year.
4.2. Certification. In each fiscal year, or as soon as practicable, and in any event by the date of the delivery of the unaudited financial statements required in the Loan Agreement, the City shall (a) calculate its Net Revenues Available for Debt Service and System Debt Service for the fiscal year, and (b) certify such figures to the South Dakota Conservancy District. The certification described in clause (b) of the preceding sentence shall be substantially in the form of the certificate attached as Appendix E to the Loan Agreement. If the City fails to meet the Rate Covenant set forth in Section 6.4 of the Loan Agreement, the City shall supply the District with quarterly reports on the actions it is taking to correct its coverage deficiency until it delivers an annual coverage certificate showing compliance with the first sentence of this Section.
4.3. Segregation. The Finance Officer shall set up bookkeeping accounts in accordance with South Dakota Legislative Audit guidelines for the segregation of the revenue.
4.4. Periodic review. The sewer rates shall be reviewed from time to time, not less than yearly, and shall be modified in order to produce such funds as are necessary and required to comply with the Loan Agreement’s rate covenant and to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due. The rates may be set by ordinance or resolution in accordance with this Section. The rate ordinance or resolution shall be necessary for the support of government and shall be effective upon passage.
SECTION 5. Additional Bonds. As permitted by Section 8 and 9 of the Act, Additional Bonds payable from revenues and income of the System may be issued, as permitted in the Loan Agreement, and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements. The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement.
SECTION 6. Project Fund Accounts. For the purpose of application and proper allocation of net income of the System and to secure the payment of principal, Administrative Surcharge and interest on the Revenue Bond, the following mandatory asset segregations shall be included in the sewer system account of the City and shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond:
6.1. Project Revenue Account. There shall be deposited periodically into the Project Revenue Account the net revenues as defined in Section 17 of the Act derived from the operation of the Project collected pursuant to the Ordinances and resolutions of the City of Baltic, South Dakota (collectively the “Rate Ordinance”). Moneys from the Project Revenue Account shall be transferred periodically into separate funds and accounts as provided below.
6.2. Project Debt Service Account. Out of the revenues in the Project Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated Project Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal of, interest and Administrative Surcharge on the Revenue Bonds and any reserve determined by the City’s governing body to be necessary. The amount set aside monthly shall be not less than one-third of the total principal, interest, and Administrative Surcharge payable on the following January 15, April 15, July 15, or October 15 and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement.
6.3. Depreciation Account. There shall be established a General Depreciation Account. Out of the revenues of the Project Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the Common Council to be a proper and adequate amount for repair and depreciation of the Project.
6.4. Project Surplus Account. There shall be established the Project Surplus Account. Revenues remaining in the Project Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be transferred to the Project Surplus Account. If at any time there shall exist any default in making any periodic transfer to the Project Debt Service Account, the Common Council shall authorize the City Finance Officer to rectify such default so far as possible by the transfer of money from the Project Surplus Account. If any such default shall exist as to more than one account or fund at any time, then such transfer shall be made in the order such funds and accounts are listed above.
When not required to restore a current deficiency in the Project Debt Service Account, moneys in the Project Surplus Account from time to time may be used for any of the following purposes and not otherwise:
(a) To redeem and prepay the Revenue Bond when and as such Revenue Bond becomes prepayable according to its terms;
(b) To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the Project Debt Service Account and the Project Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then:
(c) To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or
(d) To be used for any other authorized municipal purpose designated by the Common Council.
(e) No moneys shall at any time be transferred from the Project Surplus Account or any other account of the Fund to any other fund of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as provided in this Section.
SECTION 7. Approval of Paying Agent/Registrar. The Revenue Bond shall be payable at the office of The First National Bank in Sioux Falls, Sioux Falls, South Dakota, hereby designated as paying agent and registrar.
SECTION 8. Approval of Bond Counsel. Meierhenry Sargent LLP is hereby retained as Bond Counsel with respect to the Revenue Bond.
SECTION 9. Tax Matters. The Interest on the Revenue Bond shall be excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (“the Code”) and applicable Treasury Regulations (the “Regulations”).
SECTION 10. Covenants. The City hereby covenants and agrees with the District and other owners of the Revenue Bond as follows:
10.1. The City will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution.
10.2. The City agrees and covenants that it will promptly construct the improvements included in the Project.
10.3. The City covenants and agrees that pursuant to Sections 25 through 27 of the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the Project and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal and interest on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the distribution of water for municipal, industrial, and domestic purposes within the City.
10.4. The City covenants and agrees with the District and other owners of the Revenue Bond that it will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remains outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement. The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to Series 19 of the Act.
SECTION 11. Depositories. The Finance Officer shall cause all moneys pertaining to the Funds and Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Bonds and the interest thereon shall remain unpaid. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Fund may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the Fund or Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein.
SECTION 12. Consent to Appointment. In the event of mismanagement of the Project, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers set forth therein, and in Section 34 and 35 of the Act to operate and administer the Project, and charge and collect rates as described therein.
SECTION 13. Severability. If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document.
SECTION 14. Authorization of City Officials. The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein.
SECTION 15. Principal Forgiveness. In order to qualify for up to 10% of the total principal amount of the Loan forgiven in an amount not to exceed $16,500, City officials are directed to cause the compliance with the following deadlines:
(a) Submit complete plans and specifications for the Project to the Department on or before October 1, 2009;
(b) Advertise for bids and open bids for the project in accordance with SDCL Chapter 5-18 on or before December 10, 2009;
(c) Submit the bid of the apparent lowest bidder to the Department for review on or before December 21, 2009; and
(d) Execute construction contracts on or before February 1, 2010.
Effective Date.
This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum.
Adopted at Baltic, South Dakota, this ____ day of ____________2009.
APPROVED:
Michael Wendland, Mayor
(Seal)
Attest:
Elaine C. Hendrickson,
Municipal Finance Officer
Published: ________________
Effective: ________________
EXHIBIT A
(DESCRIPTION OF PROJECT)
City of Baltic Water Meter Replacement Project, as outlined in the facilities plan dated May 2009 .
Published once at an approximate cost of $245.34.
T-11/25 Res. 9-13 Ad#1243363

Dell Rapids
UNAPPROVED MINUTES FOR THE REGULAR MEETING OF
THE DELL RAPIDS CITY COUNCIL HELD IN THE COUNCIL CHAMBER ON Monday, November 16, 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, Downs, Probst, Wiebenga, Woolf, and Testerman
Absent: Paul (arrived 7:40 p.m.), Council President Sommerfeld, Grovenburg
Staff Present: City Administrator Martin, City Finance Officer Kerzman, City Attorney Hammer, City Building Inspector Angerhofer
II. Pledge of Allegiance
III. Minutes
A. November 2, 2009 – Regular Meeting
Motion by Woolf to approve minutes. Seconded by Probst. Motion carried, 5-0.
IV. Visitors to Be Heard
None. At this time Mayor Fiegen took the opportunity to recognize the senior representatives of the St. Mary’s high school football team that completed its season with the championship game in the DakotaDome Nov. 13. Mayor Fiegen read the following Proclamation:
PROCLAMATION
RECOGNIZING THE ST MARY’S CARDINALS BOYS FOOTBALL TEAM
WHEREAS, Twenty-seven high schools in South Dakota competed in Class 9B for the 2009 South Dakota High School Activities Association football season; and
WHEREAS, Twenty young men from St. Mary’s High School stepped forward this year to represent St. Mary’s during the 2009 High School football season; and
WHEREAS, Coach Ross Flemmer and his young Cardinals team braved frequent injuries and an early-season setback to finish the regular season at 7 wins and 1 loss; and
WHEREAS, 16 teams qualified to compete in the South Dakota High School Activities Association 9-B State Championship from October 27 through November 13; and
WHEREAS, the Cardinals defeated Sanborn Central 68-22, Viborg 46-41, and Gettysburg 48-8, to reach the State Championship at the DakotaDome on November 13; and
WHEREAS, the Cardinals were confronted with the task of overcoming undefeated and heavily favored Hitchcock-Tulare, which had won three play-off games by a combined score of 116 to nothing; and
WHEREAS, 16 Cardinals played toe-to-toe with a Hitchcock-Tulare team that included 20 upperclassmen, losing only in the final seconds by a score of 32-28, to finish the 2009 season at 10 wins and 2 losses;
NOW THEREFORE, I, Scott Fiegen, Mayor of Dell Rapids, do hereby recognize the St. Mary’s Cardinals, the Coaching Staff of Coach Ross Flemmer, and senior Cardinals Andrew Fiegen, Jacob Hanson, Joe Erickson, and Joe Schuring, for the effort and character they displayed throughout the 2009 High School football season.
Dated at Dell Rapids, South Dakota, this 16th day of November, 2009.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
By______________________
Scott Fiegen, Mayor
ATTEST:
By______________________
LeAnn Kerzman, Finance Officer
V. PUBLIC HEARING
A. 2010 Liquor License Renewals – City Staff reviewed the application requirements of the establishments in Dell Rapids that will need license renewals for 2010. Finance Officer Kerzman noted that applications have been received from two establishments. City Attorney Hammer noted just one infraction in retail sales through 2009.
Resolution 11-16-09-22, Monte Martell d/b/a Monkey’s, license renewal.
Motion by Downs to approve license. Seconded by Testerman. Motion carried, 5-0.
Resolution 11-16-09-24, Brenda’s Pastry d/b/a Old Dutch Inn, license renewal.
Motion by Downs to approve license. Seconded by Woolf. Motion carried, 5-0
VI. NEW BUSINESS
A. Chamber of Commerce Request, Street Closing, Christmas Parade Dec. 5 – Chamber Director Lorretta Mattern briefed the Council on the Parade downtown starting at 6 p.m. Saturday, Dec. 5. The Chamber requested the closing of 4th Street downtown from 5:30 to 7 p.m.
Paul assumes his seat at the Council at 7:40 p.m.
Motion by Probst to approve request. Seconded by Testerman. Motion carried, 6-0.
B. Pay Request #2 (Final), Fairway/Westview Drive Project – City Engineer Lance Mayer of DGR reported completion of the Fairway/Westview Drive resurfacing project. A request for $59,344.46 was submitted for work by Double H Paving, bringing the project cost to $113,743.85. Mayer recommended closing out the project with this pay request.
Motion by Woolf to approve the request. Seconded by Wiebenga. Motion carried, 6-0.
C. Progress Report, Spruce Glen Development – Kari Karst, representing Spruce Glen housing development, and Aaron Norman of Stockwell Engineering were present to answer questions about completion schedules for platted streets at Spruce Glen. Karst noted that some of the previous Assurance Agreements for finishing platted streets have been completed and that Spruce Glen will continue to work with the City to accomplish the most favorable outcome for surfacing the streets under their current obligations. Mayor Fiegen observed that the original purpose of the Assurance Agreements was to maintain a good-faith effort between the City and developers in completing streets for new home-owners. Discussion ensued about prospects for housing activity in the future. The City Staff and Spruce Glen will continue discussions about changes to current Assurance Agreements.
No action was taken at this time.
D. 1st Reading, Ordinance #734, Re-Zoning Tract 2, Timber Ridge Addition, from A-1 to R-1—Property owner Mark Crisp is required to re-zone his property prior to getting a building permit for home construction. City Attorney Hammer noted that Mr. Crisp’s driveway must access the newly platted 12th Street in Timber Ridge. As such, the Dells Investment Group must sign an Assurance Agreement for street completion as part of the permit process. Administrator Martin noted that the Council has scheduled a public hearing for Dec. 7 for 2nd Reading of this ordinance, and that the Dell Rapids Planning Commission will hold a public hearing on this process at its Dec. 1 Commission meeting.
Motion by Woolf to approve 1st Reading and await a recommendation from the Planning Commission. Seconded by Wiebenga. Motion carried, 6-0.
E. 1st Reading, Ordinance #734, Revising Truck Route Ordinance – City Attorney Hammer responded to a previous concern about large garbage compactors on residential streets by offering a sample ordinance used in Brandon, SD. Discussion followed on how to enforce compliance by 5-ton garbage trucks. Council member Paul registered his concerns about enforcement and possible disadvantages for current haulers. The 2nd Reading of Ordinance #734 is scheduled to take place Dec. 7 during the regular Council meeting.
Motion by Downs to approve 1st Reading. Seconded by Woolf. Motion carried, 5-1.
F. 2010 Building Permit Fee Schedule – The City Staff noted that the year-long overture for a special building permit fee rate in 2009 will end December 31. Building Inspector Angerhofer presented a proposed fee schedule that restores the rate table from 2008 but more realistically reflects the value of building construction in 2010. Mayor Fiegen observed that the updated values for home construction appear reasonable but that attached and detached garages may need a revision. The construction value for pole sheds, both residential and commercial, were called into question. The Council directed City Staff to prepare a Resolution reflecting the discussed changes and to include the Resolution in the Dec. 7 Council agenda.
No action requiring a vote was necessary.
G. Resolution 11-16-09-21, Acquisition of Lot 3 of Kenefick’s Subdivision – City Administrator Martin reviewed a commitment made by the City in 2007 to accept grant funding for 1.6 miles of bike trail along the Big Sioux River and Dells Channel in 2010. City Attorney Hammer noted that the owners of 5 acres along the Dells Channel have been receptive to overtures to have the City acquire Lot 3 of Kenefick’s Subdivision in order to expedite the bike trail project. The bike trail will connect with the scenic hiking trail promoted by the late Ace Park.
Motion by Woolf to acquire Lot 3 of Kenefick’s Subdivision, conditional upon displaying a marker recognizing the civic efforts of Ace Park. Seconded by Paul. Motion carried, 6-0.
VII. City Administrator Report
- The SD Dept. of Revenue reported that October City sales tax dollars in Dell Rapids exceeded the October ’08 total by over $17,000. With $596,000 in 2-cent general sales tax recorded thus far in ’09, the City is in good position to achieve the $700,000 budgeted goal.
- In response to Gov. Rounds’ declaration of a State holiday after Thanksgiving, the City Staff sought the Council’s approval to close City offices on Friday, Nov. 27. The Council directed Staff to give advanced notice of such closing.
IX. Claims Payable
Motion by Testerman to approve the Claims as follows:
CLAIMS - November 16, 2009
VENDOR, DETAIL, COST: A-OX, cylinder rental, 19.84; Ackerman Refrigeration, cooler repair, 244.13; Aflac, insurance, 84.76; Argus Leader, publishing, 93.26; Baker & Taylor Books, books, 132.81; Beal Distributing, Oct Malt, 21,778.54; Benny’s Biffies, Oct rentals, 239.00; Bunkers Oil, diesel & oil, 1,371.20; Buskerud Const, snow mobilization, 3,250.00; Concrete Materials, UPM high performance, 856.75; Creative Forms, W-2 forms/envelopes, 97.18; Cummins Central Power, repair generator, 770.00; Dakota Beverage, Oct malt, 22,194.72; DakotaCare, health insurance, 6,597.04; Dakota Supply, blades, 311.00; Dell Rapids Lumber, FD batteries, weather proofing, 2,428.66; Dell Rapids True Value, plumbing supplies, 585.63; Dells Collision Repair, paint shop door, 250.00; Dells Electric, wiring at maint shop, 2,125.58; Dells Farm & Tire, tire repair, 12.00; Delta Dental, Nov dental insurance, 554.40; Denny’s Electric, underground repair @ Rickeman, 224.20; Dressen Cutom Trailers, tubes, 20.90; Entringer Backhoe, trenching for dugouts, 489.79; First National Bank, water tower lease, 12,100.00; Gale Group, books, 390.99; Hahn Handyman Svc, property clean-up, 140.00; HD Supply Waterworks, meter parts, 112.51; Hoffman Sanitation, trash hauling, 60.00; ICAP, Sept Contract, 3,153.40; Ingram Library, books, 121.90; JD Evans, plow parts, 4,273.32; Johnson Brothers, Oct Liquor, 11,551.32; Kempf Const, #3 Lift Station Project, 93,985.98; Land Title, title work, 170.00; LG Everist, quartzite, 130.88; Linweld, cylinder offsets, 22.50; Lynn Evans, mailbox reimbursement, 36.33; Marco, annual contract base, 44.65; Micromarketing, books, 150.65; Midwest Alarm, alarm loops, 105.35; Minnehaha Community Water, Oct shop water, 33.00; Napa Auto Parts, auto repair parts, 170.82; One Call Systems, locates - 26, 28.60; RDO Equipment, parts, 632.43; Reiman Publications, Taste of Home subscription, 28.98; Republic, Sept/Oct liquor, 6,758.22; Roemen’s Automotive, Impala oil change, 30.75; Sam’s Club Discover, cleaning supplies, 133.48; Sanitation Products, strip main broom, 420.00; Second Chance, Oct animal control, 305.76; South Dakota Retirement, Oct retirement contribution, 5,738.20; Tender Lawn Care, 7/11-9/3/09 mowing at Fire lot, 240.00; Thomson West, SD Codified Laws updates, 30.50; Titan Machinery, edge, 795.95; tyler technologies, Cash Collection software/travel, 2,767.29; USPS, presort mailing permit/Oct bills, 651.42; Vogt Brown Merry & Hammer, Nov retainer/copies, 2,010.00; Xcel Energy, street lights/elec, 6,164.91; $218,221.48;
Seconded by Wiebenga. Motion carried, 6-0.
X. EXECUTIVE SESSION
A. Acquisition of Property – Motion by Wiebenga at 9:12 p.m. to enter Executive Session. Seconded by Downs. Motion carried, 6-0.
Motion by Wiebenga to leave Executive Session at 9:25 p.m. Seconded by Probst. Motion carried, 6-0. No action taken.
VII. Adjourn
. Motion by Wiebenga to adjourn. Seconded by Probst. Motion carried, 6-0. 9:25 p.m.
Scott Fiegen
Mayor
LeAnn Kerzman
Finance Officer
Published once at an approximate cost of $123.32.
T-11/25 Min 11/16 Ad#1243367

Dell Rapids
ORDINANCE 731
AN ORDINANCE OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, PROVIDING THAT THE REVISED ORDINANCES OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, BE AMENDED BY REVISING APPENDIX B OF THE UTILITIES RATE SCHEDULE; PROVIDING AN INCREASE TO SEWER RATES, EFFECTIVE JANUARY 1, 2010.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA:
Section 1. That Section (a) of Appendix B of the Utilities Rate Schedule of the Revised Ordinances of the City of Dell Rapids, South Dakota, is hereby amended to read as follows:
“(a) Effective on the January 1, 2010, sewer billing, residential and commercial users are considered to be one (1) class of user and are assessed the following rates on a per user or per location basis:
(1) Nine dollars and ten cents ($9.10) minimum monthly charge and two dollars and ninety-one cents ($2.91) per each one thousand (1,000) gallons of water or part thereof metered to the location per month. However, the sewer charge for residential users for the June 1, July 1, August 1, September 1, October 1 and November 1 sewer billings shall be computed based upon the average sewer charge for the preceding December 1, January 1, February 1, March 1, April 1 and May 1 sewer billings. “
Adopted this 19th day of October, 2009.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
By Scott Fiegen, Mayor
ATTEST:
By LeAnn Kerzman, Finance Officer
Published once at an approximate cost of $28.21.
T-11/25 Ord 731 Ad#1243368

Dell Rapids
ORDINANCE 732
AN ORDINANCE OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, PROVIDING THAT THE REVISED ORDINANCES OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, BE AMENDED BY REVISING SECTION 21-37; PROVIDING AN INCREASE TO WATER RATES, BEGINNING WITH THE JANUARY 1, 2010 BILLING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA:
Section 1. Effective January 1, 2010, Sec. 21-37 of the Revised Ordinances of the City of Dell Rapids, South Dakota, is hereby amended to read as follows:
“Sec. 21-37. Water rates.
Beginning with the January 1, 2010 water billing, the following rates are hereby established:
(1) For water pumped and delivered to locations within the city limits of the city, the base rate shall be nine dollars and sixteen cents ($9.16), plus four dollars and eighteen cents ($4.18) for each one thousand (1,000) gallons or part thereof metered per month.
(2) For water pumped and delivered to locations outside the city limits of the city, the rate shall be as follows:
a. For zero (0) through one thousand (1,000) gallons, the minimum rate is a flat fifty-two dollars ($54.00) per month.
b. For each one thousand (1,000) gallons or fraction thereof above one thousand (1,000) gallons, the rate is an additional six dollars and forty-nine cents ($6.49) per one thousand (1,000) gallons or fraction thereof.
(3) Bulk water rates for water purchased in bulk and handled by the user shall be five dollars and eighty-two cents ($5.82) per one thousand (1,000) gallons.”
Adopted this 19th day of October, 2009.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
By____________________
Scott Fiegen, Mayor
ATTEST:
By_______________________
LeAnn Kerzman, Finance Officer
(MUNICIPAL SEAL)
Published once at an approximate cost of $31.85.
T-11/25 Ord 732 Ad#1243369

Summons
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV 09-094747
SUMMONS
COUNTRY VIEW MOBILE HOME PARK,
Plaintiff,
v.
WILLIAM A. TURNER,
Defendant.
THE STATE OF SOUTH DAKOTA TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney, Richard A. Engels, Engels Law Office P.C., whose address is 300 North Dakota Avenue, Suite 215, Sioux Falls, South Dakota, 57104, an Answer to the Complaint which is herewith served upon you within four (4) 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 for the relief demanded in the Complaint.
Dated the 16th day of October, 2009, at Sioux Falls, South Dakota.
ENGELS LAW OFFICE, P.C.
Attorney for Plaintiff
/S/ Richard A. Engels
RICHARD A. ENGELS
300 N. Dakota Avenue, Suite 215
Sioux Falls, SD 57104
Phone (605) 271-3561
Fax (605) 271-3562
T-11/25-12/16Summ Ad#1243431

Minnehaha
NOTICE OF HEARING UPON
APPLICATIONS FOR SALE OF ALCOHOLIC BEVERAGES
Notice is hereby given that a hearing will be held by the Minnehaha County Commission in the Commission Meeting Room of the Minnehaha County Administration Building, 415 N Dakota Ave, Sioux Falls, SD, on Tuesday, December 8, 2009, at 9:00 a.m., to consider renewal applications for Liquor License holders for 2010 as set forth below. At that time, anyone interested may appear to file objections to the granting of the same.
APPLICANT/BUSINESS NAME, LEGAL DESCRIPTION, TYPE OF LICENSE
Baltic Corner, Inc., Baltic Corner, N440' E198' NE1/4 NE1/4 4-103-49, 25001 475th St, Dell Rapids, Retail (On-Sale) Liquor and Sunday Liquor; Troy A Novak, Bottom's Up, S 25' Lot 1 & All Lot 2 Blk 1 Corson Fauskes Addn 22-102-48; 25991 482nd Ave, Corson, Retail (On-Sale) Liquor and Sunday Liquor; Swearingen Enterprises Inc., Chasers, Wittrock TR 1 & TR 2 NW1/4 NW1/4 22-101-50; 8405 W 12th St, Sioux Falls, Retail (On-Sale) Liquor and Sunday Liquor; DRG, Inc., Dells Rocky Run Golf Course, TR 2 Madsen TRS of Outlot A (EX E400) NW1/4 SE1/4 8-104-49, 47364 Golf View Dr, Dell Rapids, Retail (On-Sale) Liquor and Sunday Liquor; Triple J Inc, DJ's Bar, Lot A of Lots 1, 2, & 3 (EX H-2) Blk 3 Pleasant View Acres N1/2 SE1/4 & S1/2 NE1/4 19-101-48, 7605 E Arrowhead Pkwy, Sioux Falls, Retail (On-Sale) Liquor and Sunday Liquor; Monarch Steak House, Inc., Monarch Lounge AND Monarch Package Store, E 12' N 120' Lot 9 & All Lot 10 Mapleton TWP G L Renner Addn, 47409 258th St, Renner, Retail (On-Sale) Liquor and Sunday Liquor AND Package (Off-Sale) Liquor; Dale Robb, Red Rock Bar & Casino, Tract 1B McBeth Addn in the NE1/4 and SE1/4 27-101-48; 48181 Hwy 42, Brandon, Retail (On-Sale) Liquor and Sunday Liquor; Garretson Area Golf Assn., Inc., River Ridge Golf Club, NW1/4 (EX S9.64 AC & EX Part Lying E of RY & EX Part Lying W of H-1 & EX River Ridge Golf Club Addn TR 1) 29-103-47, 25412 485th Ave, Garretson, Retail (On-Sale) Liquor and Sunday Liquor; Sioux Empire Fair Assn., Inc., Sioux Empire Fair, W. H. Lyon Fairgrounds, Tracts 1, 2, & 3, WH Lyon Addition to the City of Sioux Falls, 4000 W 12th St, Sioux Falls, Retail (On-Sale) Liquor; Michael Raderschadt, Treasurers on I-29, Tract 1 Oyens Addition W1/2 NE1/4 1-103-50; 47155 250th St, Baltic, Retail (On-Sale) Liquor and Sunday Liquor; Wild Water West Waterpark Ltd, Wild Water West Waterpark, E1/2 NW1/4 SE1/4 (Ex H-1, H2,& NE1/4 SE1/4 & H3 & Ex Tr 1 Alvine's Addn) 36-101-51, 26767 466th Ave, Sioux Falls, Retail On-Off Sale Wine
Dated at Sioux Falls, South Dakota, this 17th day of November, 2009.
Sue Roust, County Auditor
Published once at the total approximate cost of $27.99.
1243414-02 Nov. 25, 2009

Minnehaha
NOTICE TO BIDDERS
Sealed proposals for constructing Asphalt Surface Treatment in Minnehaha County, South Dakota, will be received at the office of the County Auditor, Minnehaha County Administration Building, 415 N. Dakota Ave., Sioux Falls, South Dakota, until 10:30 AM on December 9, 2009, at which time and place all proposals will be publicly opened and read and considered by the Board of County Commissioners. Proposals, if mailed, shall be addressed to the Minnehaha County Auditor, in care of the above mentioned office and marked proposal for:
PROJECT: SEAL 2010
36.5 Miles of Asphalt Surface Treatment
By virtue of statuary authority, a resident bidder is allowed a preference as against the bid of any bidder from any other state enforcing or having preference for resident bidders, equal to such preference.
All bids shall be made on forms prepared by the Minnehaha County Highway Department. Any bids otherwise submitted will be deemed informal, irregular, and not subject to or worthy of consideration in the award of the contract.
Plans and Proposals may be obtained at the Office of the Minnehaha County Highway Superintendent, Minnehaha County Highway Department, PO Box 1364, 2124 East 60th Street North, Sioux Falls, South Dakota, 57101. (605) 367-4316.
The proposed guaranty required, which must accompany each proposal, is a certified check, cashier's check, or a bank draft, issued upon a National or State bank domiciled within the State of South Dakota, in an amount equal to 5% of the amount bid, payable to the Minnehaha County Treasurer, or a bid bond, issued by a surety company authorized to conduct business within the State of South Dakota, in the amount of 10% of the bid.
A contract may be awarded to the Company or Firm offering the most advantageous proposition to Minnehaha County. The Board of County Commissioners reserves the right to reject any/or all bids and to waive any defect or informality if it is deemed to be in the best interest of Minnehaha County.
Minority Business Enterprises will be afforded full opportunity to submit bids in response to this invitation to bidders and will not be discriminated against on the basis of race, color, or national origin in consideration of an award.
Sue Roust, County Auditor
Published once at the total approximate cost of $23.64.
1243412-02 Nov. 25, 2009

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., November 17, 2009, pursuant to adjournment on November 16, 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
Commissioner Pekas announced the following corrections to the Agenda: #7d) meeting date should be 11/19/09, and #17, briefing on public nuisance, has been requested to be moved to before Old Business. MOTION by Twedt, seconded by Barth to approve the Agenda as amended. 5 ayes.
MINUTES
MOTION by Kelly, seconded by Barth to approve the Minutes for November 10, 2009. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Hajek, seconded by Twedt to approve the following bills totaling $466,921.54 for payment. 5 ayes.
A & B Business Equip, Var. Depts, 749.72; A to Z World Languag, St Atty, 105.00; ABN Army Surplus, STI Secur, 102.95; Adams, David, Human Svcs, 200.00; All Seasons Htg & Co, Em Mgmt, 169.85; American Red Cross-B, Em Mgmt, 140.00; Anderson, Elwood, Human Svcs, 550.00; Appeara / Dudley Lau, Hwy Constr, 36.03; Architectural Roofin, Bldg Fund, 54,699.00; Arena Motel, EFSP Fund, 120.00; Argus Leader, Var. Depts, 4,435.56; ATD-American Co., Jail, 1,452.15; Avera Gutnik & Assoc, Mental Ill, 225.93; Avera McKennan Hospi, Var. Depts, 11,345.53; A1 Svc Inc/Laceys Ch, Hwy Constr, 95.00; Baumgartner's Electr, Jail, 160.68; Beck, Pat Court Repo, Human Svcs, 205.20; Belnic Inc/Bizchair., Jail, 3,587.88; Black-Top Paving Inc, Hwy Constr, 146,166.79; Bob Barker Company, Jail, 2,205.03; Bosch, Curt, Human Svcs, 475.00; Boyd, Michelle, Sheriff, 61.00; Boyer Trucks Sioux F, Hwy Constr, 385.18; Braithwaite, Tacey E, Mental Ill, 85.00; Brennan Hill Townhou, Human Svcs, 500.00; Brevik Law Office Pr, Mental Ill, 617.60; Brown & Saenger, Jail, 593.55; Builders Supply Comp, JDC, 1,120.00; Bureau of Informatio, Var. Depts, 1,102.92; Burgard, Robin A, Human Svcs, 665.01; Byre, Elton W, Human Svcs, 435.00; C & R Supply, Inc., Hwy Constr, 192.52; C&H Distr LLC, Jail, 808.10; Campbell Supply Co I, Var. Depts, 362.92; CBM Food Service, Var. Depts, 13,378.31; Center for Family Me, JDC, 150.00; Century Business Pro, St Atty, 115.04; Chemco, Inc., Jail, 1,487.47; Children's Care Hosp, Human Svcs, 400.00; City Centre Hotel Co, Mus Grants, 535.00; Clark Engineering Co, Hwy Constr, 1,223.75; Coburn, Jay, Human Svcs, 500.00; Cohoon, Scott, Human Svcs, 400.00; Cole Papers, Inc., Jail, 729.47; Concrete Materials, Hwy Constr, 250.42; Constellation New En, Facilities, 15,230.25; Country View MHC, Human Svcs, 855.00; Crescent Electric Su, Facilities, 419.90; Culligan Water Condi, Human Svcs, 36.00; Cummins Central Powe, Facilities, 146.76; Dakotas Division of, Sheriff, 520.00; Daniels-Olsen Bldg P, Mus Ops, 240.61; Dialnet/Ahrens Telec, Jail, 25.00; Dietrich, Donna K, Mental Ill, 550.78; Donahue, David J, Human Svcs, 250.00; Dust Tex Service, In, Var. Depts, 17.75; Eastern Dakota Healt, Human Res, 5,083.00; Ebert's Properties, Human Svcs, 500.00; Family Service Inc, Human Res, 325.00; Fastenal Company, Var. Depts, 185.40; G & R Controls Inc, Hwy Admin, 76.75; Gaylord Bros., Reg Deeds, 738.98; Glasford, James, Human Svcs, 600.00; Glazier, David Alan, Human Svcs, 495.00; Goebel Printing, Inc, Human Svcs, 49.13; Grainger, Inc., Hwy Constr, 107.90; Graybar Electric Com, Facilities, 381.99; Great Plains Int'l T, Hwy Constr, 122.84; Guzman, Sandra V., Public Adv, 37.50; Hammer, Ralph, Hwy Admin, 36.00; Harmelink,Fox & Ravn, Mental Ill, 172.00; Harms Oil Company, Hwy Constr, 18,639.22; Harold's Photo Cente, Public Adv, 7.92; Haugaard, Steven G, Mental Ill, 127.50; Heartland Paper Comp, Jail, 3,988.24; HG Maybeck Co Inc, Jail, 908.25; Hobby Lobby Stores I, Mus Ops, 52.42; Horton, Dennis L., Human Svcs, 500.00; Howe Heating & Plumb, Facilities, 216.17; HTC Inc, Hwy Constr, 392.21; Humboldt Fire & Ambu, Ambulance, 45,000.00; Hy-Vee Accounts Rece, Var. Depts, 555.67; I & P Inc/Brandon Ap, Human Svcs, 200.00; Interstate Office Pr, Var. Depts, 819.74; Intoximeters, Inc., Jail, 189.00; JCL Solutions-Janito, Var. Depts, 870.93; JE LLC, Human Svcs, 294.00; Jefferson Partners L, Human Svcs, 2,474.80; Jensen, Jerrol, Human Svcs, 350.00; Johnstone Supply, Facilities, 267.89; Kadi, Mark, Public Adv, 42.77; Kohl's Department St, JDC, 45.00; Kone, Inc., Pettigrew, 50.00; Kooistra, Nelva, Mental Ill, 45.00; Kreisers, Inc., Jail, 627.09; Lathrop, Timothy A, Human Svcs, 335.00; Leesch, Jerald K Mar, Human Svcs, 212.00; Lewis Drug Stores, Var. Depts, 325.75; Lexis-Nexis / Reed E, Var. Depts, 296.00; Linweld, Inc., Facilities, 14.75; Live Well Properties, Human Svcs, 425.00; Locators & Supplies, Var. Depts, 157.87; Ludoc Enterprises In, Var. Depts, 148.00; Malloy Electric Bear, Facilities, 6.86; MARCO, Extension, 158.00; Medical X-Ray Center, Var. Depts, 1,396.81; Menards - East, Parks, 115.84; Metro Communications, Metro Comm, 31,227.00; Microfilm Imaging Sy, Reg Deeds, 75.00; Midamerican Energy C, Var. Depts, 2,718.24; Miller Sellers Herou, Library, 500.00; Minncor Industries, JDC, 248.40; Minnehaha Cnty Priso, Jail, 99.00; Minnehaha Funeral Ho, Human Svcs, 2,775.00; Monick Pipe & Supply, Facilities, 650.27; Moore Medical Corp., Jail, 338.75; Motorola, Inc., JAG Grants, 6,846.00; Murray Const, Human Svcs, 800.00; Nat'l Student Housin, Human Svcs, 600.00; Nesson Law Office PC, Courts, 2,163.23; Niedringhaus, Paul, Sheriff, 89.00; Nordstrom's Auto Rec, Sheriff, 125.00; Norix Group, Inc., Jail, 1,797.20; Northern States Supp, Hwy Constr, 68.10; Novak Sanitary Servi, Var. Depts, 446.95; Omnicare of South Da, JDC, 64.69; Orthopedic Institute, Human Svcs, 2,389.48; Payflex Systems USA, Human Svcs, 94.36; PESI LLC, Human Svcs, 189.99; Peters Distributing, JDC, 1,821.21; Pfeifer Implement Co, Parks, 177.42; Pharmacy Specialties, JDC, 25.00; Pheasantland Industr, Jail, 1,432.81; Physicians Laborator, Jail, 62.21; Pirrung, Sheila M, Human Svcs, 500.00; Presto-X-Company, JDC, 76.00; Provo, Tom, Human Svcs, 500.00; Qualified Presort Se, Commission, 210.00; Quality Efficiencies, Human Svcs, 165.00; Qwest, Var. Depts, 5,256.62; R & L Supply, Ltd, Var. Depts, 150.14; Redwood Estates LLC, Human Svcs, 500.00; Rehfuss, Cathy A, Mental Ill, 45.00; Rettedal, John, Human Svcs, 500.00; Ridgeview Apts Ltd P, Human Svcs, 575.00; Risty, Timothy, Human Svcs, 500.00; Rochester Armored Ca, Treasurer, 379.50; Ron's Garage, Inc., Facilities, 38.73; Ronning Commercial, Human Svcs, 1,000.00; Safety Benefits, Inc, Facilities, 55.00; Sanford Hosp USD Med, St Atty, 12,600.00; Schelling, Sheldon, Mental Ill, 742.50; Scotty's Automotive, JDC, 313.89; SD Bd. of Social Wor, Human Svcs, 130.00; SD Dept of Public Sa, Human Svcs, 50.00; SD Magazine LLC, Mus Store, 232.00; SD Risk Pool, Human Svcs, 635.03; Servall Towel & Line, Var. Depts, 225.74; SF Leased Housing As, Human Svcs, 500.00; Sheehan Mack Sales &, Hwy Constr, 536.21; Sherwin Williams, Facilities, 117.05; Sioux Empire FCU/109, Var. Depts, 681.06; Sioux Empire FCU/260, Em Mgmt, 1,674.35; Sioux Empire FCU/480, Planning, 15.43; Sioux Empire FCU/655, Var. Depts, 291.19; Sioux Falls City Fin, Hwy Admin, 276.00; Sioux Falls City Fin, JDC, 427.99; Sioux Falls Rubber S, Treasurer, 10.50; Sioux Falls Utilitie, Human Svcs, 243.96; Sioux River Ltd Ptnr, Human Svcs, 160.00; Stack, Lynne, Human Svcs, 500.00; Stellar/VIP Limousin, Mus Entpr, 345.00; Sturdevant's Auto Pa, Hwy Constr, 612.31; SV Home Medical Equi, Human Svcs, 134.02; Taylors Place LLC, Human Svcs, 409.00; Tenth Street, Inc., Hwy Constr, 161.00; Tires,Tires,Tires In, Sheriff, 1,061.96; Tri-State Implement, Hwy Constr, 856.55; Triangle Properties, Human Svcs, 300.00; Unitech, Inc/United, Treasurer, 44.00; USD-DHSF (Dental Hyg, Human Svcs, 171.15; Vandenbos, Dallas, Human Svcs, 565.00; Velgersdyk, Dr. Scot, Human Svcs, 9.00; Velvet Uniforms, Inc, Var. Depts, 496.35; Verizon Wireless, Var. Depts, 6,099.60; Volunteers of Americ, Jail, 1,405.22; Wal-Mart Pharmacy, Human Svcs, 321.40; Wal-Mart Pharmacy, Human Svcs, 182.18; Waste Management of, Jail, 470.68; West Group, Var. Depts, 1,768.70; Westergard, Rod, Hwy Admin, 94.38; Wheelco Brake & Supp, Hwy Constr, 88.76; Wilson, Robert, Commission, 69.68; Xcel Energy, Inc., Var. Depts, 1,745.70; Yankton County Sheri, Mental Ill, 75.00; Yellow Cab, Inc., Human Svcs, 11.90
REPORTS
The following reports were received and placed on file in the County Auditor's office: Minnehaha County Sheriff's Department Monthly Report, Register of Deeds Official Statement of Revenue for October 2009, and the Auditor's Account with the County Treasurer as of 10/31/09.
On Deposit in Banks: Interest-bearing open accounts, 57,614,383.23; CD's and savings, 19,000,000.00; Cash, 22,453.36; Checks/ drafts in Treasurer's possession for more than 3 days, 4,026.64; Total Cash on Hand, 76,640,863.23; Total AS/400 Cash Balance, 76,640,863.23
PERSONNEL
MOTION by Hajek, seconded by Barth to approve the following personnel changes. 5 ayes.
1. To accept the voluntary demotion of Jodie Rydell from Correctional Officer in Training (12/A) for the Jail to Corrections System Operator (9/D) for the Jail at $14.5403 effective 11-14-09.
2. To promote Doreen Birch from Correctional Officer in Training (12/B) to Correctional Officer (13/B) for the Jail at $16.8623/hour effective 10-4-09.
3. To discharge Gene Nelson as Appraiser I for Equalization effective 11-13-09.
Step Increases Due:
1. Arnie Miller - Correctional Officer - Jail - 13/I to 13/J, 9-22-09, $20.5451/hour
2. Lena Schaaf - Correctional Officer - Jail - 13/H to 13/I, 9-8-09, $20.0440/hour
3. Carmen Jurgensen - Corrections System Operator - Jail - 9/C to 9/D, 10-27-09, $14.5403/hour
4. Russell Ebdrup - Army Guard Security Officer - Army Guard - 10/H to 10/I, 10-26-09, $17.2839/hour
5. Sarah Soldatke - Army Guard Security Officer - Army Guard - 10/E to 10/F, 11-1-09, $16.0498/hour
6. Michael Gade - Juvenile Correctional Officer II - JDC - 14/F to 14/G, 10-31-09, $20.0440/hour
NOTICES
MOTION by Hajek, seconded by Kelly to authorize the Auditor to publish Notice to Bidders for Project SEAL 2010, 36.5 miles of asphalt surface treatment. 5 ayes.
MOTION by Hajek, seconded by Twedt to authorize the Auditor to publish Notice of Hearing on 12/8/09 to consider 2010 liquor license renewal applications. 5 ayes.
MOTION by Hajek, seconded by Barth to declare on Audio Control real time spectrum analyzer/SPL meter, model #SA-3055, S/N D28173, as surplus for sale at public on-line auction and authorize the Auditor to publish Notice of Sale of County Surplus Property. 5 ayes.
Notice was received of the East Dakota Water Development District Board Meeting on 11/19/09.
LIENS
Commissioner Barth, County Aid Lien Liaison, briefed the Commission on a request to compromise DPNO 24967 in the amount of $19,967. The lien has been reduced from the original amount of $26,056.42 through annual compromise actions and small payments. The applicant was in the process of purchasing a home when the lien was noted by the title company. He is requesting the lien be released with no payment, or to release the lien and enter into a separate agreement detailing the repayment of the lien amount over a period of time to allow him to go through with his home purchase. The applicant was present and stated that he was sentenced to prison and was not made aware of the lien. He added that since his release, he has received additional Public Defender services, which he has paid, but he still remained unaware of the existing balance. Ken McFarland, Commission Administrative Officer, noted that the applicant should have received a statement of his lien account showing the full balance when the new charges were added. Gordy Swanson, Deputy State's Attorney, explained that lien repayment may not have been addressed at the time of sentencing due to the lengthy term ordered. While incarcerated, the applicant had his sentence modified and was released early. MOTION by Kelly, seconded by Twedt to compromise the lien contingent upon the applicant entering into a 10 year promissory note with the County to repay the $19,967. 1 aye, Barth, Hajek, Pekas, and Twedt nay. Motion fails.
Commissioner Barth also briefed the Commission on a request to compromise DPNO 6579 in the amount of $3,781.55. The lien is for services provided to the applicant's ex-wife. One, in the amount of $3,639.55, was filed during the time the couple was married. The second, $142, was for services after the couple divorced. The applicant was in the process of purchasing a home when the lien was noted by the title company. Commissioner Kelly noted that the applicant's monthly mortgage payment will be 50% of his monthly income. MOTION by Barth, seconded by Twedt to approve Resolution MC09-51. 3 ayes, Kelly and Pekas nay.
RESOLUTION MC09-51
WHEREAS, a County Aid Lien in the amount of $3,781.55 purports to exist in favor of Minnehaha County and against DPNO 6579 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 lien against the applicant upon payment of $500.00. The balance of $3,281.55 to be added to DPNO 64908, in the name of the applicant's 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 17th day of November, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
HIGHWAY
At the request of Bob Meister, Highway Superintendent, MOTION by Twedt, seconded by Barth to authorize the Highway department to purchase the following equipment off of bids awarded by the State of South Dakota: 1) a 2010 International Model 7600 truck chassis from Great Plains International, Inc., contract #5920, in the amount of $101,023.51; and 2) a new Crysteel 15' dump body and Force America hydraulic controller from Northern Truck Equipment, contract #5924, in the amount of $37,547. 5 ayes.
Mr. Meister also presented a Quit Claim Deed to the City of Sioux Falls for Lot A in the SW1/4 of Section 3-T101N-R49W as part of the north Cliff Avenue re-alignment project. The property was originally deeded in 1937 as three H-Lots during the construction of old SD State Highway 77 and eventually re-platted into one as part of the project. The State of SD has also quitclaimed their H-Lot interest to the City. MOTION by Hajek, seconded by Kelly to authorize the Chairman to sign the Quit Claim Deed. 5 ayes.
AGREEMENT
Pursuant to approval on 10/27/09, Lynn DeYoung, Emergency Management Director, presented a formal contract for the development of a Pre-Disaster Mitigation Plan. This will be a 2-year project at a total cost of $40,000 ($30,000 grant funding & $10,000 soft match by Minnehaha and Lincoln Counties). MOTION by Hajek, seconded by Barth to authorize the Chairman to sign the Third Party Services Agreement for a Multi-Hazard Per-Disaster Mitigation Plan between Minnehaha and Lincoln Counties and South Eastern Council of Governments. 5 ayes.
SURPLUS
The annual surplus property auction was held on 9/26/09 with the City of Sioux Falls. The County realized $18,079.61 after deducting the auctioneer's fee of $749.39 (3.98%). MOTION by Hajek, seconded by Barth to allocate 100% ($18,079.61) of the proceeds of the 2009 Minnehaha County Surplus Property Sale to the General Fund. 5 ayes.
PER-DIEM
Todd Cheever, JDC Director, presented the 2010 per diem agreements between Minnehaha County, Volunteers of America Dakotas, and counties in the 14 county regional detention consortium. Member counties will pay $140 per day for secure detention at the JDC, an increase from the 2009 rate of $135. Mr. Cheever explained how the rate is calculated noting that the actual cost is $178 per day. Member counties also pay an annual membership fee based on retiring debt service on the JDC facility. The rate for non-secure detention at the VOA facility will remain unchanged at $100 per day. The rates were reviewed and recommended by the Regional Juvenile Detention Advisory Board. MOTION by Twedt, seconded by Hajek to authorize the Chairman to sign the 2010 Agreements with the following counties: Bon Homme, Brookings, Charles Mix, Clay, Hanson, Hutchinson, Lake, Lincoln, McCook, Miner, Moody, Turner, and Yankton. 5 ayes.
BRIEFINGS
Ken McFarland, Commission Administrative Officer, reported that proposals for architect service for the JDC project were opened on 11/10/09. The following firms submitted proposals: Koch Hazard Architects, Miller Sellers Heroux Architects, Perspective, Architecture Incorporated, RSArchitects, HDR in Association with Banner Associates, Inc. and Huskey Associates, N8V Design Architectural Group, and TSP, all of Sioux Falls; HMN Architects, Inc. of Overland Park, KS; and Hellmuth Obata & Kassabaum, Inc. of St. Louis, MO. Mr. McFarland explained that the next step will be a review by the JDC Planning Group Review Committee. The Committee will rank the proposals and conduct interviews. The Committee will then make a recommendation to the 16 County Planning Group in December. At that time a recommendation will be made to the Commission.
Mr. McFarland also reported that because of the rising cost of the Board of Mental Illness budget, the Commission has been working with the Involuntary Mental Illness Review Committee to develop a triage approach in an attempt to reduce costs and to coordinate services in a more effective manner. Statistics show that almost 70% of all involuntary commitment holds are released within the first 24 hours. Many of these holds are due to alcohol or substance abuse. Mr. McFarland stated that a draft Request for Information has been prepared by the State of SD to solicit proposals from community agencies willing to partner together in an effort to provide an Adult System of Care Crisis Safety Net System. The RFI is hoped to bring options for appropriate placement of individuals and minimize costs.
APPEALS
Ryan Streff, Planner, was present for an appeal of the decision by the Minnehaha County Planning Commission to deny Conditional Use Permit #09-67, to exceed 1,200 sq ft of accessory building on property legally described as the N185.5' E210' (Ex Tr A Russman Addn) W1/2 SE1/4 SE1/4 of Section 10-T102N-R49W. The property is located at 47586 Neener Circle. Mr. Streff reported that the applicant was approved to construct a 30' X 40' accessory building. During the framing inspection, the inspector discovered that the structure was larger than what was stated on the permit because of an addition of a 15' X 40' lean-to. The inspector noted that the tin was not on the building yet, and informed the contractor to cease work on the lean-to portion of the building. The applicant finished construction of the building, including the lean-to, and subsequently applied for the CUP to allow for the 1,800 sq ft structure. Staff explained that since 2001, four CUP applications to exceed the 1,200 sq ft accessory building area have been denied within this and a neighboring subdivision. Aaron Messenger, applicant, stated that at the time of the inspection, 50% to 60% of the tin was on his structure and that he chose to complete the construction of the entire building due to fear of wind damage. He contends that when the initial permit was issued, he referred to the lean-to as a porch and was told that it would not be included when considering square footage. Mr. Messenger stated that he would be required to construct a new building if the lean-to has to be removed. Phil Kappen, Assistant Planning Director, stated that he had issued the building permit and that he did not tell the applicant that the lean-to would not be counted as part of a building. He explained that the site plan provided on the permit application is primarily to check for setback distances. The size of Mr. Messenger's building was made part of the drawing on the permit application because he was only approved for a 30' X 40' structure. Don Wendt, neighbor, asked the Commission to be consistent with past decisions. He stated that he had previously applied to exceed the 1,200 sq ft accessory building area and was denied. Mr. Messenger went on to say that he thought he could obtain a variance for the extra building space. MOTION by Twedt, seconded by Hajek to uphold the Planning Commission decision to deny Permit #09-67. 5 ayes.
Phil Kappen, Assistant Planning Director, was present for an appeal of the decision by the Minnehaha County Planning Commission to deny Conditional Use Permit #09-70, to exceed 1,200 sq ft of accessory building area on property legally described as Tr 1 Bott's Addn (Ex H-1) NW1/4 in Section 34-T103N-R49W. The property is located at 25512 475th Avenue, 3 miles north of Renner. The applicant has an existing 2,400 sq ft accessory building on his lot and would like to construct a second building for a total of 4,320 sq ft. Staff could not recommend approval because the applicant's existing building size was used to justify granting another permit for a neighboring property to exceed the 1,200 sq ft size and construct a 2,400 sq ft building, establishing precedent. Commissioner Kelly noted the larger size of the applicant's lot (15.64 acres) in comparison to others in the subdivision (about 1 acre). Steve Bott, applicant, explained his reason for the request, noting that he owns the largest lot in the subdivision. He provided two county addresses for properties containing 10 and 20 acres with larger accessory buildings. He was not aware of any opposing neighbors. Mr. Bott also compared the total accessory building area for neighboring lots compared to their lot size to his request. The building would have adequate setback from other residences. Commissioner Kelly explained that the ordinance sets the size of accessory buildings and allows the CUP process to consider whether to exceed the rule. MOTION by Kelly to approve the permit. Motion dies for lack of a second. MOTION by Twedt, seconded by Hajek to uphold the Planning Commission decision to deny Permit #09-70. 4 ayes, Kelly nay.
NUISANCE
On 9/15/09, the Commission entered into an agreement with Henry Dansman, county resident, allowing him until 10/25/09 to abate a public nuisance on his property, legally described as the W1/2 SW1/4 (Ex Trs 1 & 2 & Ex H-1, H-2, H-3) Section 29-T102N-R51W and the S1/2 SE1/4 Section 30-T102N-R51W. The property is located at 46106 261st Street, Hartford. On 10/27/09 the Commission voted to extend the deadline to 11/16/09. Ryan Streff, Planner, reported that the clean-up on both the original parcel as well as the parcel across the street to the west is going well. There are a few scrap piles left to be removed. The contractor working with Mr. Dansman was not able to complete the removal by the deadline. Cynthia Ahrendt, attorney, reported that if the contractor is not able to complete the work, another would be hired. On the recommendation of Mr. Streff, MOTION by Kelly, seconded by Barth to allow until 12/4/09 for the final inspection and to allow staff to continue monitoring the clean-up progress with Mr. Dansman and his attorney. 5 ayes.
NEW BUSINESS
Commissioner Barth asked whether there would be an agenda to discuss with legislators during the next few meetings with them.
Hugh Grogan, Human Services Director, reported that next week he will present a request to apply for $1.5 million through the Neighborhood Stabilization Program. The federal stimulus grant money would be used towards the Safe Home Program for the property located on 3rd Street. One condition of the grant is that the property must be vacant for 90 days.
Commissioner Barth left the meeting.
MOTION Hajek, seconded by Kelly to adjourn into Executive Session for personnel discussion. 4 ayes. Following the Executive Session, the Commission adjourned until 9:00 a.m. on Tuesday, November 24, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $220.28.
1243409-02 Nov. 25, 2009

Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED IN JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 5:00 P.M., November 16, 2009, pursuant to adjournment on November 10, 2009. Commissioners present were: Hajek, Barth, and Kelly. Commissioners Pekas and Twedt were absent. Sandy Kinder, Deputy Auditor, was also present.
City Council Members present: Anderson, Beninga, Brown, Costello, Jamison, Knudson, Litz, Staggers, and Mayor Munson.
Vice-Chairman Hajek called the meeting to order.
MOTION by Kelly, seconded by Barth to approve the agenda. 3 ayes.
Pursuant to deferral on 10/19/09, Scott Anderson, Planning Director, was present for the scheduled hearing to consider an amendment to the 2002 Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls to rezone 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 from the A-1 Agriculture District to a Planned Development District. The property is located approximately 1/2 mile west of Sioux Falls at the intersection of LaMesa Drive and S.D. Highway 38 and consists of approximately 67 acres. The proposed Planned Development is intended to be a telecommunication/data center supplying public utilities and will be constructed over a period of time. The proposed site will be divided into two sub-areas. Sub-area A will be primarily the commercial area. Sub-area B will be used for open spaces and will contain a communication tower with a height up to 400 feet. The Joint Planning Commission recommended approval. No one spoke in opposition. MOTION by Barth, seconded by Kelly to approve Ordinance MC30-23-09. 3 ayes. City concurred. The Ordinance is on file in the County Auditor's office.
MOTION by Barth, seconded by Kelly to appoint Mike Cooper and Jim Meyer to the Homeless Advisory Board for a term of November 2009 to August 2012. 3 ayes. City concurred.
MOTION by Barth, seconded by Kelly to adjourn until 9:00 a.m. on Tuesday, November 17, 2009. 3 ayes.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $21.55.
1243407-02 Nov. 25, 2009

MINUTES
Metro Management Council
Wednesday, Sept. 9, 2009
3:31 PM - 4:46 PM
Law Enforcement Center
320 W. 4th St.
Members Present: Mayor Dave Munson, Councilman Pat Costello, Commissioner Anne Hajek, Commissioner John Pekas
Attendees: Doug Barthel, Deb Berreth, Michelle Boyd, Judy Buseman, Carey Deaver, Jen Disburg, Gail Eiesland, Tom Huber, Donn Hill, Daren Ketcham, Bill O’Toole, Ona Reker, Matt Tooley, Denise Tucker
Guests: Lee Axdahl, South Dakota 911 Coordination Board
1. Approval of Agenda.
Motion made by Commissioner Hajek, seconded by Commissioner Pekas to approve the agenda. Motion carried.
2. Approval of Minutes.
Motion made by Commissioner Pekas, seconded by Councilman Costello to approve the Minutes of the meeting dated July 8, 2009. Motion carried.
3. Finance & Administration
a. July and August Financial Statements including payroll, monthly overtime report and expenditures.
Ona Reker recapped the financial figures and overtime report covering the two month period of July and August, 2009.
Motion made by Commissioner Hajek, seconded by Commissioner Pekas to approve the financial reports for July and August, 2009. Motion carried.
b. Surplus Assets
Ona passed out a list of the agency assets which are to be surplussed at the City sale scheduled to be held on September 26, 2009
Motion made by Commissioner Hajek, seconded by Commissioner Pekas to declare the assets be surplussed and sold at public auction. Motion carried.
4. Operations
a. Quality Assurance Report
Deb Berreth recapped the ACE Medical Dispatch Report for August. Metro’s numbers continue to reign well above the national averages of other accredited centers.
b. Operations Report
Deb also recapped the call statistics for the months of July and August. It was requested that her report be formatted to include a comparison of the 2008-2009 quarterly figures, similar to the way the financial reports are depicted.
5. Director
a. State 911 Coordination Board Update
Lee Axdahl, SD 911 Coordinator, was a guest at the meeting. He reported on the recent work of the Board which was created in 2008 to generate operational, financial and technical rules and standards for 9-1-1 PSAPS in South Dakota.
Lee presented a copy of the proposed administrative rules that have been recently drafted by the Board. After several public hearings and review by the Legislative Research Council and the Department of Legislative Audit, the rules will be filed with the Secretary of State’s office and become law.
There was also a brief discussion regarding the aggressive preparation and planning necessary for Next Generation 911 technology.
b. AFSCME Local 3516 2010-2013 Contract Approval
Daren Ketcham reported on the recently negotiated AFSCME Union Contract. He handed out reports which highlighted the various changes and additional items that were incorporated in the new contract. The AFSCME members have voted to accept the contract.
Motion made by Commissioner Pekas, Seconded by Councilman Costello to accept the negotiated AFSCME contract. Motion carried.
6. Executive Session
Motion made by Commissioner Hajek, seconded by Commissioner Pekas to go into Executive Session at 4:17 p.m. Motion carried.
Discussion of personnel issues and contract negotiations
7. Other
Motion by Councilman Costello, seconded by Commissioner Pekas to approve the accelerated step advancement as recommended by Director Ketcham. Motion failed.
8. Adjournment:
Motion made by Commissioner Pekas, seconded by Commissioner Hajek to adjourn the meeting at 4:46 p.m.
1243435-02 Nov. 25, 2009