Legals (September 5, 2012)
September 05. 2012 6:00AM
Dell Rapids Township
Owners and tenants of property in Dell Rapids Township are required to mow road ditches before Sept. 15, 2012. Those road ditches not cleared of grass, weeds and brush by Sept. 15, 2012, may be mowed by Dell Rapids Township at a rate of $200 per one mower swath per one side per one mile or cleared for a clearance fee and assessed at the owner's property taxes.
Owners and tenants are not allowed to fence or place any landscaping materials in the township road right of way. This resolution was adopted at the annual Dell Rapids Township meeting 2012.
Dell Rapids Township
Board of Supervisors
Published twice at the total approximate cost of $31.30.
1392510 Sept. 5 & 12, 2012
September 05, 2012
SURFACE WATER DISCHARGE
The South Dakota Department of Environment and Natural Resources (DENR) has received an application for the renewal of a Surface Water Discharge (SWD) permit from the following applicant:
APPLICANT NAME: U.S. Geological Survey's National Center for Earth Resources Observation Science (EROS) Data Center
FACILITY LOCATION: 13 miles northeast of the city of Sioux Falls, in the South 1/2 of Section 8, Township 103 North, Range 48 West, in Minnehaha County, South Dakota
MAILING ADDRESS: 47914 252nd Street, Sioux Falls, SD 57198
The renewal of the Surface Water Discharge permit will allow the discharge of treated wastewater from the EROS wastewater treatment facility. Any discharge from this facility will enter an unnamed tributary of West Pipestone Creek which has been assigned the following beneficial uses: Warmwater semipermanent fish life propagation; Limited-contact recreation waters; Fish and wildlife propagation, recreation, and stock watering waters; and Irrigation waters. Water quality-based effluent limits for ammonia were developed for this discharge to ensure the protection of the beneficial uses of the unnamed tributary of West Pipestone Creek.
Tentative determinations regarding the water quality limits for any discharge and other conditions have been made by DENR. The Surface Water Discharge permit specifies the quality of water that can be discharged and still protect the uses of the receiving water. The proposed discharge permit and supporting document are available from DENR at the address listed below.
In accordance with the Administrative Rules of South Dakota, Chapter 74:50:02, any person desiring to comment on the Department's recommendation for the conditional issuance of this permit must submit written comments to the below address within the specified thirty (30) day comment period. Comments may be directed to the following address: South Dakota Department of Environment and Natural Resources, Division of Environmental Services, Surface Water Quality Program, Joe Foss Building, Pierre, SD 57501-3181. Any person desiring a public hearing must file a petition which complies with the ARSD 74:50:02. If no objections are received within the specified 30-day period, the Secretary will issue final determinations within sixty days of the date of this notice.
Additional information may be obtained by calling Jonathan Hill at (605) 773-3351, or by writing to the address listed above.
Steven M. Pirner
Published once at the total approximate cost of $39.13.
1392434 Sept. 5, 2012
NOTICE OF PUBLIC HEARING
FOR A VARIANCE
NOTICE IS HEREBY GIVEN that the Dell Rapids City Council acting as a BOARD OF ADJUSTMENT will hold a public hearing on Monday, September 17 2012, at 7:35 P.M. at City Hall Council Chambers, 302 East Fourth Street, for purposes of considering an application for a variance for Setback Regulations in a B-2: GENERAL BUSINESS DISTRICT.
SUCH VARIANCE will be considered for owner Lee Burgraff at 605 E 5th Street for the following described properties: W 60' OF LOT 3 LESS THE S 36' OF BLOCK "L" AND LOT 4, LESS THE S 36' OF COUNTY AUDITOR'S SUBDIVISION OF BLOCK "L" OF THE CITY OF DELL RAPIDS MINNEHAHA COUNTY, SOUTH DAKOTA according to the recorded plat thereof.
DESCRIPTION OF VARIANCE: Request for 7' (feet) setback from rear property line on South side in lieu of 20' (feet) required per ordinance in a B-2: General Business when a rear yard abuts a residential district, for a variance of 13' (feet) for the purpose of constructing two 20' (feet) by 60' (feet) commercial storage building.
NOTICE IS FURTHER GIVEN THAT: Any person, persons, or their attorney may appear at said scheduled public hearing and present objections.
DATED at Dell Rapids, South Dakota, this 28th day of August, 2012.
Published once at the total approximate cost of $25.89.
1392426 Sept. 5, 2012
NOTICE OF HEARING
FOR ADULT NAME CHANGE
STATE OF SOUTH DAKOTA )
COUNTY OF __________ )
IN CIRCUIT COURT
________ JUDICIAL CIRCUIT
In the Matter of the Petition of
Kari Beth Rumpca
For a Change of Name to
Kari Beth Heinricy
NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Kari Beth Rumpca the object and prayer of which is to change Petitioner's name from Kari Beth Rumpca to Kari Beth Heinricy. On the 15th day of October, 2012, at the hour of 1:30 pm said verified petition will be heard by this Court before the Honorable William Srstka Presiding, at the Court Room in the 6A County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 29th day of August, 2012 at ________, South Dakota.
ATTEST: ANGELIA M. GRIES
Clerk of Court
By: Dawn Olson
Published four times at the total approximate cost of $56.15.
1392414 Sept. 5, 12, 19, 26, 2012
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 8:30 A.M. August 28, 2012 pursuant to adjournment on August 21, 2012. Commissioners present were: Barth, Pekas, Kelly, Heiberger, and Beninga. Also present were Cindy Jepsen, Commission Recorder, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Kelly called the meeting to order.
MOTION by Pekas, seconded by Barth to approve the agenda. 5 ayes.
MOTION by Beninga, seconded by Barth to approve the August 21, 2012 Commission Minutes. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Heiberger, to approve the following bills totaling $1,284,458.30 and August salaries. 5 ayes.
Anacon Leasing Inc, Public Def, 329.00; Arena Motel, Human Svcs, 159.00; Argus Leader, St Atty, 74.39; Baker, Clark, Sheriff, 47.00; Baker, Mary, Public Def, 13.78; Benjamin, Melissa, Human Svcs, 500.00; Bradfield, Matt, Dba, JDC, 70.00; Brende, Jessica/Bick, Mus Entpr, 300.00; Brende, Schroeder & M, Courts, 1,004.50; Bureau Of Informatio, Var. Depts, 821.96; Butler Machinery Com, Hwy Constr, 402.84; C & R Supply Inc, Hwy Constr, 924.05; Campbell Supply Co I, Hwy Constr, 85.86; Cbm Managed Services, Var. Depts, 9,727.96; Center For Family Me, Courts, 192.00; Century Business Lea, Extension, 72.08; Century Business Pro, Var. Depts, 527.42; Chemco, Inc., Jail, 485.25; Cliff Avenue Auto Pa, Hwy Constr, 188.17; Communication Svcs F, Public Def, 78.00; Constellation New En, Facilities, 3,094.90; Cooey, Carla F, Courts, 185.60; Counseling Resources, Courts, 450.00; Country Meadows Apts, Human Svcs, 500.00; Cumberland Apts I, Human Svcs, 500.00; Dakota Fluid Power, Hwy Constr, 218.22; Daybreak/T & H Conve, Hwy Constr, 60.75; Deer Hollow Ltd Ptnr, Human Svcs, 500.00; Diamond Mowers Inc, Hwy Constr, 440.10; Duffy, Ryan, Courts, 13.00; Electric Constructio, Var. Depts, 126.52; Farrell, Lorae J, Courts, 44.20; Federal Risk Pool, Human Svcs, 2,424.00; Fleetpride / Holt, I, Hwy Constr, 50.04; Fountain Ridge Inves, Human Svcs, 500.00; G & H Investments Ll, Human Svcs, 400.00; Garretson Community, Ambulance, 25,000.00; Genzlinger, Janeen, Courts, 368.60; Grainger, Inc., Hwy Constr, 7.80; Guzman, Sandra V., Courts, 150.00; Harr Development Co, Human Svcs, 500.00; Hoekstra, Denise A., Courts, 23.80; Hospitality Apts Ltd, Human Svcs, 500.00; Hy-Vee Accounts Rece, Mus Entpr, 224.29; I State Truck Center, Hwy Constr, 200.57; Ideal Yardware, Hwy Constr, 57.45; Interstate Office Pr, Var. Depts, 110.79; ISI, Llc, Courts, 160.00; JCL Solutions-Janito, Var. Depts, 2,060.10; JGR Partnership, Human Svcs, 400.00; Johnson, Susan, Hwy Admin, 2,279.69; Klassy Electric II, Em Mgmt, 4,896.00; Kmart, Jail, 27.99; Koens, Ray, Human Svcs, 41.44; Krueger Excavating, Hwy Constr, 7,993.13; Lassegaard, Samuel C, Human Svcs, 985.00; Lawson Products, Hwy Constr, 174.66; Leaf Inc., Var. Depts, 189.77; Lewis Drug Stores, JDC, 6.47; Luther, Jeff, Ambulance, 2,333.33; Mac's, Inc., Hwy Constr, 6.90; Medical Legal Analys, Public Def, 512.50; Menards - East, Parks, 98.33; Menards - West, Hwy Admin, 19.92; Metro Communications, Public Def, 120.00; Midwest Oil Company, Hwy Constr, 28.05; Miller Funeral Home, Human Svcs, 800.00; Minn Cnty Human Svcs, Human Svcs, 120.00; Mobile Electronic Se, Sheriff, 85.00; Monroe Systems For B, Treasurer, 417.65; Morse Correctl Healt, Jail, 1,800.00; Myrl & Roys Paving I, Hwy Constr 1,113,760.70; National Direct Ligh, Mus Maint, 1,050.00; Neve's Uniforms, Jail, 311.80; Nguyen, Lam, Courts, 25.00; North Central Farmer, Hwy Constr, 25,288.50; Olson, Waltner & Sch, Courts, 1,287.00; Olson's Pest Technic, Jail, 94.50; P & G Townhomes Llc, Human Svcs, 500.00; PCS MBL/ Portable Com, Em Mgmt, 268.72; Peters Distributing, Sheriff, 262.25; Peterson, Bill/Sherr, Human Svcs, 250.00; Pettigrew Hgts, Human Svcs, 485.00; Pharmchem Inc, 24/7 Prog, 105.00; Pheasantland Industr, Var. Depts, 1,390.99; Phoenix Supply Llc, Jail, 834.00; Precision Dynamics C, Jail, 1,059.54; Price Land & Cattle/, Human Svcs, 400.00; Pride Neon, Inc, Hwy Constr, 30.00; Progressive Property, Human Svcs, 450.00; Putzke, Dave/Rhonda, Human Svcs, 160.00; Qualified Presort Se, Var. Depts, 4,125.68; Quest Engineering, I, Hwy Constr, 37.46; Rapiscan Systems, In, Jail, 1,923.65; Rensberger, Ron, Human Svcs, 400.00; Richmond II Ltd Ptnr, Human Svcs, 900.00; Ridgeview Apts Ltd P, Human Svcs, 400.00; Sanford Health Patho, Coroner, 22,250.00; Sanford Hospital, Var. Depts, 6,688.70; Satisfaction Plus In, Human Svcs, 1,254.00; SD Dept Of Public Sa, Human Svcs, 30.00; SDES (SD Engineering, Hwy Admin, 235.00; Sheehan Mack Sales &, Hwy Constr, 27.16; Sherwin Williams, Hwy Constr, 55.25; Sioux Empire Fair As, Fair, 8,333.33; Sioux Falls Developm, SF Develop, 500.00; Sioux Falls Housing, ARRA-HPRP, 96.00; Sioux Falls Rubber S, Reg Deeds, 18.00; Sioux Falls Utilitie, Human Svcs, 75.90; Sioux River Ltd Ptnr, Human Svcs, 250.00; Sioux Valley Energy, Var. Depts, 589.76; Solomon, Ghirmay, Var. Depts, 87.50; Stan Houston Equipme, Hwy Constr, 740.00; Sturdevant's Auto Pa, Hwy Constr, 130.55; Szameit, Alexandra, Courts, 200.00; Thorin, Deyanira T, Var. Depts, 250.00; Timberland Village A, Human Svcs, 450.00; Tires,Tires,Tires In, Var. Depts, 325.06; TK Enterprises, Human Svcs, 400.00; Townsend Pricing, In, Mus Ops, 85.65; Variety Foods Llc, Safe Home, 40.08; VB Falls Park Apts, Human Svcs, 600.00; Wal-Mart Pharmacy, Human Svcs, 88.72; Walgreen Co., Human Svcs, 145.30; Wali, Khadija M., Courts, 50.00; West Group, Var. Depts, 1,270.04; West Sioux Company, Human Svcs, 500.00; Xcel Energy, Inc., Human Svcs, 4,182.69; 5-Forty Partnership, Human Svcs, 500.00; Commission, Salaries, 27,388.81; Auditor, Salaries, 36,049.00; Treasurer, Salaries, 61,303.26; Info Technology, Salaries, 58,004.96; States Attorney, Salaries, 170,412.76; Public Defender, Salaries, 125,906.39; Public Advocate, Salaries, 30,221.22; Facilities, Salaries, 52,498.86; Equalization, Salaries, 62,157.27; Register Of Deeds, Salaries, 38,674.89; Human Resources, Salaries, 13,545.03; Sheriff, Salaries, 778,924.80; JDC, Salaries, 147,498.71; Highway, Salaries, 125,287.55; Human Services, Salaries, 90,303.80; Museum, Salaries, 54,417.24; Planning, Salaries, 44,648.54; Extension, Salaries, 3,637.47
MOTION by Pekas, seconded by Beninga, to approve the following personnel changes. 5 ayes.
1. To accept the resignation of Tracy Seiner as Museum Events Coordinator for the Museum effective 8/30/12.
2. To accept the resignation of Gilberto Diaz as Correctional Officer in Training for the Jail effective 8/30/12.
3. To end the temporary, part-time employment of Tewodros Bekele as Intern for the Highway Department effective 8/21/12.
4. To end the temporary, part-time employment of Jon Schelhaas as Intern for the Highway Department effective 8/22/12.
5. To end the temporary, part-time employment of Jacob Kane as Spray Truck Operator for the Highway Department effective 8/23/12.
6. To end the temporary, part-time employment of Andrew Kruse as Laborer for the Highway Department effective 8/23/12.
7. To accept the voluntary demotion of Reece Deters from Juvenile Correctional Officer II (14/11) to Juvenile Correctional Officer I (12/12) for the Juvenile Detention Center at $20.915/hour effective 9/1/12.
Step Increases Due:
1. Carol Muller - Director of Human Services - Human Services - 24/9 to 24/10 - 8/30/12 - $3,340.56/bi-weekly
2. Bonnie Costain - Senior Deputy State's Attorney - State's Attorney's Office - 22/15 to 22/16 - 8/15/12 - $3,179.52/bi-weekly
3. Rodney Hohn - Highway Maintenance Worker - Highway - 12/10 to 12/11 - 8/28/12 - $20.405/hour
4. Travis Krueger - Correctional Officer - Jail - 13/5 to 13/6 - 8/8/12 - $18.948/hour
5. Jonathan Grieme - Air Guard Supervisor - Air Guard - 16/7 to 16/8 - 8/29/12 - $23.086/hour
Notice was received that a disinterment/reinterment permit was issued by the SD Department of Health for the remains of Martin Nelson, Our Lady Of The Snows Cemetery, Crooks SD. The reinterment is at St. Williams Cemetery, Ramona, SD.
MOTION by Pekas, seconded by Barth, to authorize the Auditor to publish a Notice of Hearing on September 25th at 8:30 a.m., to consider an application to transfer Retail (on-sale) Liquor License #RL-6340 for the remainder of the 2012 licensing period from Benjamin Parker, The D.I.G. Stop to the Safari Bar & Grill, LLC. 5 ayes.
Jeff Schaefer, Department of Legislative Audit, presented the Management Letter for the 2011 Minnehaha County audit. Mr. Schaefer reported there were no deficiencies noted in internal control which are material weaknesses or significant deficiencies. There was a deficiency noted in internal control which is important enough to merit attention of those charged with Governance. That weakness being the County charged indirect administrative support costs in the amount of $27,721.81 to the County Road and Bridge Fund for costs associated with payroll administration, personnel management, and Administrative/ Legal. If the county's intention is to recover indirect costs, the county should establish an internal service fund to account for the actual cost of particular government functions and apply this practice consistently to all departments. There were also immaterial violations of Laws, Rules, and Regulations and Provisions of Contract and Grant Agreements. Those being the County authorized general government expenditures in the amount of $5,619 from the County Road and Bridge fund in violation of SDCL 32-11-2, and the Minnehaha County Housing and Redevelopment Commission/Safe Home Limited Partnership component unit was not reported on the county's financial statements.
Robert Wilson, Assistant Commission Administrative Officer, gave a briefing on a request from the US District Court Probation and Pretrial Service Office to submit a daily rate for residential detoxification services. The US Probation Office is asking to extend the current rate of $121.00 per day. The 2013 Provisional Budget for Detox indicates a daily rate expense of $122.73. MOTION by Beninga, seconded by Heiberger to submit a daily rate for residential detoxification services at $122.73 per day for the 2013 contract period. 4 ayes. Barth voted nay.
DJ Buthe, Highway Superintendent, gave a briefing on a bi-annual bridge inspection conducted by Civil Design, Inc., that identified one bridge requiring immediate load limit postings due to its poor condition. Repairs are expected to be made to this bridge within the next 30 days allowing for the load limit to be lifted once the repair is complete. MOTION by Barth, seconded by Beninga, to approve Resolution MC12-51. 5 ayes.
SET WEIGHT LOAD LIMITS
ON A CERTAIN BRIDGE WITHIN MINNEHAHA COUNTY
WHEREAS, the Minnehaha County Highway Superintendent has identified one bridge in Minnehaha County that he is recommending that weight limits be posted for said bridge, and
WHEREAS, SDCL32-22-47 gives the county commission the authority to establish and identify through the proper signage the maximum weight of any vehicle, laden or un-laden, which may enter upon or cross over the bridge, now
THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that the following ton gross vehicle weight limitation is imposed on the following bridge within Minnehaha County:
3 Ton Gross Vehicle Weight Limit:
Bridge #50-243-100 (1.1 mile south and 6.6 miles west of Garretson on County Highway 122):
BE IT FURTHER RESOLVED, that the Minnehaha County Highway Superintendent is hereby directed to erect and post the appropriate signage in accordance with SDCL 32-22-47, and
BE IT FURTHER RESOLVED, by the Minnehaha County Commission that an emergency exists and that the posting of weight limits on the above bridge is immediately in effect and will remain in effect until changed by action of the county commission; and
BE IT FURTHER NOTED, that the violation of these weight load limits is a Class 2 misdemeanor and that pursuant to SDCL 32-22-48, Minnehaha County may recover damages from any person who drives or operates a vehicle exceeding these load limits and causes any injury or damage to said bridge by reason thereof.
Dated this 28th day of August, 2012.
APPROVED BY THE
Dick Kelly, Commissioner
ATTEST: Bob Litz, Auditor
Bob Litz, Auditor, gave a briefing on election results for the Incorporation of Vintage Village Road District, that was held on August 15, 2012. The proposed district has ninety five (95) registered voters. Thirty one (31) votes were cast, with twenty eight (28) votes for establishing the district and three (3) votes against. The following Board of Trustees for the district was also elected: Ross Ortman (3 year term); Dick Gustaf (2 year term); and John Haak (1 year term). Mr. Litz requested approval of the order of incorporation for Vintage Village Road District. MOTION by Pekas, seconded by Barth, to approve Resolution MC12-52. 5ayes.
RESOLUTION MC 12-52
VINTAGE VILLAGE ROAD
WHEREAS, on August 15, 2012, an election was held to determine whether the following territory should be in corporate under SDCL Chapter 31-12A as a road district by the name of "Vintage Village Road District":
Vintage Village Tract No 1 in the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section 7, Township 102 North, Range 49 West, Minnehaha County, South Dakota, according to the recorded plat thereof; and Tracts 5 and 6 in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 7, Township 102 North, Range 49 West, Minnehaha County, South Dakota, according to the recorded plat thereof; and Lots 2 through 6, Lots 7A, 8A, 9A and 9B, Lots 10 through 13, Lots 17 through 35, Lots 36A, 37, 38A, and Lots 39 through 44 and Lot 45A of Vintage Village, an addition to Minnehaha County Village Replat of Lots 14, 15, and 16, an addition in Minnehaha County, South Dakota, according to the recorded plat thereof:
WHEREAS, the election judges appointed by the Minnehaha County Auditor certified that a majority of the eligible voters in the territory voted in favor of the incorporation and returned the certification to the Auditor in accordance with SDLC 6-16-5; and
WHEREAS, it appears that the election was legal.
THEREFORE, upon motion duly made and unanimously adopted, it is hereby
RESOLVED AND ORDERED by the Minnehaha County Board of Commissioners that the Vintage Village Road District is incorporated under SDCL Chapter 31-12A as a governmental subdivision of this state and public body, corporate and politic.
Dated this 28th Day of August, 2012.
APPROVED BY THE
Dick Kelly, Chairman
ATTEST: Bob Litz, Auditor
Gordy Swanson, Chief Civil Deputy State's Attorney, gave a briefing on the appeal filed by Minnehaha County, of the Department of Labor's ruling that the 5% wage reduction for all Minnehaha County Employees violated the collective bargaining agreement between Minnehaha County and the Minnehaha County Deputies Association. William J. Srstka, Jr., Circuit Court Judge, reviewed the record and considered oral arguments on July 30, 2012, and has affirmed the Department of Labor's decision. Mr. Swanson stated the Commission has sixty (60) days in which they can appeal the Judge's decision to the South Dakota Supreme Court. MOTION by Barth, seconded by Beninga, to not appeal Judge Srstka's ruling in the Minnehaha County Deputies Association Grievance. Commissioner Pekas stated he believes that Judge Srstka's ruling is setting a bad precedent. VOTE on motion, 3 ayes. Pekas and Heiberger voted nay. Motion carries.
Commissioner Barth reported that the Director of the South Dakota Human Services Department will speak at the next Homeless Advisory Board meeting.
At the recommendation of Commissioner Beninga, it was decided to work with the Commission Office to scheduling meeting times for a review of the budget process and discuss policy on various operating issues.
Commissioner Barth suggested changing the weekly commission meeting start time to 9:00 a.m. It was decided to have this item put on the next commission meeting agenda.
Robert Wilson, Assistant Commission Administrative Officer, reported that the City of Sioux Falls informational meeting at 4:00 p.m. this afternoon and the Joint City/County meeting at 5:00 p.m. this afternoon will be held in the County Commission Chambers due to building repairs being done at Carnegie Town Hall.
Motion by Barth, seconded by Heiberger to adjourn. 5 ayes.
The Commission adjourned until 5:00 p.m. on Tuesday, August 28, 2012.
APPROVED BY THE
Published once at the total approximate cost of $158.42.
1392313 Sept. 5, 2012
THE MINNEHAHA COUNTY COMMISSION CONVENED IN JOINT SESSION WITH THE SIOUX FALLS CITY COUNCIL AT 5:00 P.M., August 28, 2012 pursuant to adjournment on August 28, 2012. Commissioners present were: Barth, Pekas and Kelly. Commissioners Heiberger, and Beninga were absent. Also present was Cindy Jepsen, Commission Recorder.
City Council Members present: Aguilar, Entenman, Erpenbach, Jamison, Karsky, Staggers, and Mayor Huether.
Chairman Kelly called the meeting to order.
MOTION by Pekas, seconded by Barth to approve the agenda. 3 ayes.
JOINT BUDGET HEARINGS
Daren Ketcham, Metro Communications Director, presented the Metro Communications Agency 2013 budget of $3,477,186, a decrease from $3,484,984 in 2012. Mr. Ketcham stated that approximately $2,400,000 of the budget is covered by E911 Surcharge income. This is a 17% increase over the 2012 budget. The remainder of the budget is primarily funded by the City of Sioux Falls, Minnehaha County, and $102,076 in applied cash. The County's portion for 2013 is $281,995. MOTION by Barth, seconded by Pekas to approve the 2013 Metro Communications Agency budget as presented. 3 ayes. City concurred.
Mary Johns, Siouxland Library Director presented the Siouxland Libraries 2013 budget of $7,096,640. The County's portion for 2013 is $965,000, an increase from $920,000 in 2012. MOTION by Pekas, seconded by Barth to approve the 2013 Siouxland Libraries budget as presented. 3 ayes. City concurred.
Bill Hoskins, Museum Director, presented the proposed Siouxland Heritage Museums 2013 budget. The requested Operations budget is $962,199, an increase from $888,810 in 2012. The City of Sioux Falls and Minnehaha County will each provide $481,100 for the budget. The proposed budget also includes the Museum Special Enterprise Fund at $199,773 and the Museum Store Fund at $34,028. MOTION by Barth, seconded by Pekas to approve the 2013 Museum Operations, Museum Enterprise Fund, and Museum Store Fund budgets. 3 ayes. City concurred.
MOTION by Pekas, seconded by Barth to adjourn. 3 ayes.
The Commission adjourned until 8:30 a.m. on Tuesday, September 4, 2012.
APPROVED BY THE
Published once at the total approximate cost of $23.51.
1392310 Sept. 5, 2012
NOTICE OF HEARING FOR
APPLICATION TO TRANSFER RETAIL ON-SALE LIQUOR AND SUNDAY SALE LICENSE
Notice is hereby given that a hearing will be held before the Minnehaha County Commission at the Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, SD, at 8:30 a.m. on Tuesday, September 25, 2012, to consider an application to transfer a Retail (On-Sale) Liquor and Sunday Sales License for the remainder of the 2012 licensing period as set forth below:
FROM: Benjamin G. Parker, The D.I.G. Stop, License #RL-6340
TO: Safari Bar & Grill, LLC
LEGAL DESCRIPTION: The N 100' of County Auditor's Tract 2, in the SE 1/4 of the SE 1/4 of Section 9 T102N-R49W of the 5th P.M., Minnehaha County, SD
ADDRESS: 25795 475th Ave., Renner, SD
At which time and place anyone interested may appear to file objections to the granting of the same.
Dated at Sioux Falls, South Dakota this 28th day of August, 2012.
Robert Litz, Auditor
Published at the approximate cost of $11.51.
1392306 Sept. 5, 2012
STATE OF SOUTH DAKOTA )
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
BRITT M. GEBHARDT,
FRANCISCO R. GONZALEZ,
THE STATE OF SOUTH DAKOTA TO THE ABOVE-NAMED DEFENDANT, GREETINGS:
YOU ARE HEREBY SUMMONED and required to answer the Complaint of the Plaintiff, a copy of which is herewith served upon you, and to serve a copy of your Answer on the attorney for Plaintiff, Thomas M. Keller, at the address below, within thirty (30) days from the date of the service of this Summons upon you, exclusive of the day of such service.
IF YOU FAIL TO DO SO, judgment by default may be rendered against you as requested in Plaintiff's Complaint sixty (60) days after the completed service of Plaintiff's Summons and Complaint.
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 or modifications or revocation of the Order.
BY ORDER OF THE COURT, YOU AND YOUR SPOUSE ARE:
A. Restrained from transferring, encumbering, concealing or in any way dissipating or disposing of any marital asset, 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 made after the Temporary Restraining Order is in effect; and
B. Restrained from molesting or disturbing the peace of the other party.
Dated this 18th day of April, 2012, at Sioux Falls, Minnehaha County, South Dakota.
Thomas M. Keller
400 N. Main Ave., Suite 202
Sioux Falls, SD 57104
Telephone: (605) 338-3220
Attorney for Plaintiff
Published four times at the total approximate cost of $96.81.
1392045 Sept. 5, 12, 19, 26, 2012
DELL RAPIDS CITY COUNCIL
Monday, August 20, 2012 at
Mayor Fiegen called the meeting to order at 7:30 p.m. at the Dell Rapids City Council Chambers. The Pledge of Allegiance was recited and roll was taken finding the following Council Members present: Chad Andrews, Keith DeLange, Mark Downs, Vice-President Craig Lauritzen, Jim Rueckert, David Sommerfeld, President Carrie Testerman and Mayor Scott Fiegen. Absent: Todd Wiebenga (arrived at 7:34).
Staff Present: Administrator, Justin Weiland, Finance Officer, LeAnn Kerzman, and City Attorney, Dean Hammer.
Approval of Agenda: Sommerfeld moved and Testerman seconded the approval of the agenda. Motion carried unanimously.
Minutes: Lauritzen moved and Rueckert seconded to approve the minutes of the regular council meeting held on August 6, 2012. Motion carried unanimously.
Claims Approved: Kerzman stated there were two additional claims that were not on the list that was sent with the packet that need to also be paid at this time. Downs moved and Wiebenga seconded to approve the following claims as presented and the two additional as presented. Motion carried unanimously.
Argus Leader, publishing 301.01; Baumberger Vineyards, wine 240.00; Beal Distributing, malt 26,942.97; City of Sioux Falls, pool testing/appliance disposal 85.20; Concrete Materials, asphalt 2568.15; Cummins Central Power, generator service 502.07; Dakota Beverage, malt 24,195.90; DakotaCare, insurance 7026.06; DR Society for Historic Preservation, annual support 2000.00; Dells Diesel, dump truck repair 2818.49; Dells Plumbing, 2 yoke installs 165.54; GeoTek, Wyland project testing 968.00; Global Distributing, malt 142.60; Graff Roofing, comfort station roof replacement 6515.00; ICAP, June transit 2382.76; Johnson Brothers Famous Brands, liquor 5200.51; Lacey's Portable Restrooms, monthly rental 840.00; Magnuson Cleaning Services, cleaning 824.00; Midwest Alarm, loops 105.35; Republic National Distributing, liquor 8499.52; SECOG, water meter project assistance 3000.00; SD Dept of Revenue, sales tax payable 748.82; Verizon Wireless, cell phone 114.33; Vogt, Brown, Merry & Hammer, retainer 2000.00; West Whitlock Recreational Area, safety training 80.00; Xcel Energy, electricity 5891.00.
Deposit and Investment Policies: Kerzman requested the council approve a transfer of $200,000 from invested cash to pooled cash to allow for the payment of bills while waiting for reimbursement from SRF funding. Sommerfeld moved to approve the transfer. Lauritzen seconded. Motion carried unanimously.
Resolutions and Ordinances - Second Reading of Ordinance #763 - Sewer Rate Increase: Weiland briefed the council regarding the rate increase proposed for wastewater services. Testerman moved to approve. Motion seconded by Andrews. Roll Call Vote: All voting in the affirmative. Motion passed unanimously by a vote of eight to zero.
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, 2012 FOR THE FEBRUARY, 2012 BILLING
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 January 1, 2012 for the February 2012 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) Fifteen dollars and twenty eight cents ($15.28) minimum monthly charge and four dollars and twenty two cents ($4.22) 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 usage for the preceding December 1, January 1, February 1, March 1, April 1 and May 1 sewer billings."
Adopted this 20th day of August, 2012.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
By /s/ Scott Fiegen, Mayor
By /s/LeAnn Kerzman,
Second Reading of Ordinance #764 - Drinking Water Surcharge: Weiland presented the Ordinance to the council which establishes a monthly surcharge of $3.00 to begin January 1, 2013, for the repayment of a bond for the installation of the water system improvements. The surcharge applies specifically to the $897,000 bond and will be used solely for the repayment of the loan for a period of twenty years. Andrews moved to approve ordinance #764. Rueckert seconded. Roll Call Vote: All voting in the affirmative. Motion carried unanimously with a vote of eight to zero.
ORDINANCE NO. 764
ORDINANCE OF CITY OF DELL RAPIDS, SOUTH DAKOTA TO APPROVE A SURCHARGE APPLICABLE TO USERS OF THE DRINKING WATER SYSTEM IN ORDER TO REPAY A SURCHARGE REVENUE BOND IN THE PRINCIPAL AMOUNT OF $897,000.
WHEREAS, the City of Dell Rapids, South Dakota (the "City") has determined that it is necessary to make certain modifications and improvements to the City's drinking water system (the "System"); and
WHEREAS, in order to pay for a portion of the cost of such improvements, including engineering costs, legal and financing costs, and other related costs, the City Council has determined that it is necessary and advisable for the City to issue and sell the City's Drinking Water Surcharge Revenue Bond in the amount of $897,000 (the "Bond"), and adopted Resolution No. 2012-19 (the "Bond Resolution") to authorize the issuance of the Bond to the South Dakota Conservancy District, acting through the Board of Water and Natural Resources (the "SDCD"), in accordance with a loan agreement to be entered into by the City and the SDCD (the "Loan Agreement"); and
WHEREAS, in order to generate revenues to pay the principal, interest and administrative surcharge on the Bond, the City has proposed to adopt a drinking water surcharge pursuant to SDCL 9 40-15 (the "Surcharge") and to impose such charge on all users benefiting from the System.
NOW, THEREFORE, BE IT ORDAINED by the City of Dell Rapids, South Dakota as follows:
1. From and after January 1, 2013, the users of the System will be charged a Surcharge as set forth on the Exhibit A attached hereto. The City Council may, by Ordinance, adjust the amount of the Surcharge (a) if the City Council determines that federal or state assistance allows the City to reduce the principal amount of the Bond, or (b) as necessary to repay Bond principal over a period of 20 years, together with interest thereon at an interest rate of 2.50% per annum, plus an administrative expense surcharge of .50%, and maintain the debt service coverage ratio specified in the Loan Agreement.
2. The revenues collected from the Surcharge must be segregated from all other funds of the City, and are pledged to secure the Bond. Until adequate provision has been made for the debt service on the Bond, Surcharge revenues may not be used for any other purpose other than for the repayment thereof. The Bond will be payable solely from such segregated revenues, and not from the general revenues of the City, but the City may from time to time advance moneys from its general revenues to make payments on the Bond. Any moneys so advanced must be repaid from Surcharge collections within one year of the date of such advance.
3. This Ordinance will be effective on the 20th day after publication thereof, unless suspended by referendum.
Dated at City of Dell Rapids, South Dakota, this 20th day of August, 2012.
/s/ Scott Fiegen, Mayor
/s/ LeAnn Kerzman,
City Finance Officer
(Pursuant to Resolution
1. Imposition and Purpose of Surcharge. Pursuant to Ordinance No. 764 (the "Surcharge Ordinance"), the City of Dell Rapids, South Dakota (the "City") does hereby establish a surcharge (the "Surcharge") payable by each user of the Drinking water system (the "System") in order to generate revenue to pay principal and interest on the City's Drinking Water Surcharge Revenue Bond, Series 2012 (the "Bond"), as more fully described in the loan agreement executed in connection therewith (the "Loan Agreement"). The Surcharge will be set at a level which, assuming a 110% debt service coverage requirement as required under the Loan Agreement, will produce income at the times and in amounts sufficient to pay when due the principal of and interest on the Bond and all other payments as may be required under the Loan Agreement.
2. Series 2012 Surcharge Rate. It has been found that all users of the System will benefit from the System improvements paid for in part from the proceeds of the Bond, and that the Surcharge is found to be equitable for the services provided by such improvements. Therefore, the Surcharge will be applicable to all users of the System, current and future.
The rate to be charged to all customers served, subject to adjustment as described in the Surcharge Ordinance, will be as follows: $3.00 per month, commencing January 1, 2013 and billable February 1, 2013.
The Surcharge will be included in each System customer's monthly bill. Nothing contained herein requires the Surcharge be indicated on the billing, but the Surcharge segregation will be indicated on the books of the City.
3. Surcharge Bond Not to Create Constitutional Indebtedness. The charges provided herein are for the purpose of paying the Bond, which will not constitute indebtedness within the meaning of the South Dakota Constitutional Chapter XIII, Section 4.
First Reading of Ordinance #765 and Public Hearing on Request for Rezone: Weiland presented the request to rezone Lot 1 Block 1 of Blue Ridge Addition from B-1 (Central Business) to R-1 (Residential). Planning and Zoning did recommend their approval of the change. Downs moved to approve the first reading of Ordinance #765. Sommerfeld seconded. Motion carried unanimously.
Resolution #2012-20 - 15th Street Assessment Roll: Weiland presented Resolution #2012-20 which would assess the property on the south side of 15th Street and the DIG delayed assessment agreement. A concern was raised by Mark Crisp that the quality of the sidewalk is not cosmetically agreeable to assess as it currently appears. Discussion ensued and Lauritzen motioned to table the Resolution to see if a mutually acceptable agreement can be reached. Sommerfeld seconded. Motion carried unanimously.
Resolution #2012-21 - Petition for Annexation: Weiland stated that the request has been received from the Dell Rapids Development Corporation to annex Tracts 1, 5 and 8 of Lodmell's Subdivision and Lot 9 of Kennefick's Subdivision into city limits. Downs moved to approve the resolution. Andrews seconded. Motion carried unanimously.
A RESOLUTION ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF DELL RAPIDS, SOUTH DAKOTA
WHEREAS, there has been submitted to the City Council of the City of Dell Rapids, South Dakota, a written petition requesting the annexation of the hereinafter described real property to the City of Dell Rapids, South Dakota; and WHEREAS, the City has examined said petition and explored the background thereof; and the City Council, as the governing body of said City, has found that the subject property is contiguous to the City, that the petition was signed by all of the registered voters and all of the owners of the subject property, that there is no apparent opposition to such annexation;
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Dell Rapids, South Dakota, that
Tracts 1, 5 and 8 of Lodmell's Subdivision of a part of Lot 9 of Kennefick's Subdivision of the East Half (E 1/2) 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 existing easements, covenants and rights of way of record;
be and the same is hereby annexed to the City of Dell Rapids, South Dakota, and the Mayor of the City is hereby authorized and directed to cause an accurate map of the property, together with a copy of this resolution, duly certified, to be recorded in the Office of the Register of Deeds of Minnehaha County, South Dakota.
Introduced by Alderman Downs, seconded by Alderman Andrews, and on vote eight (8) for and zero (0) against, the Mayor declared this Resolution passed and adopted.
Dated at Dell Rapids, South Dakota this 20th day of August, 2012.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
/s/ Scott Fiegen, Mayor
LeAnn Kerzman, Finance Officer
Visitors to be heard: None.
Public Hearing for Re-plat of Lot 1, Blue Ridge Addition: Weiland presented the request from Patrick and Nikki Harrington to replat Lot 1 Block 1 of Blue Ridge Addition into three lots of Lot 1A, 1B and 1C. Intent is to sell the property to three abutting property owners and increase their existing backyard area. Sommerfeld moved to approve the replat with the stipulation that access off of Hwy 77 will not be given. Downs seconded. Motion carried unanimously.
2013 Budget - Outside Requests: Dell Rapids Ambulance was represented by Ryan Sittig with a request of $40,000. Dell Rapids Chamber of Commerce was represented by Dan Ahlers with a request of $13,500.00. Dell Rapids Museum represented by a letter from Jean Rave with a request of $2,000.00. Haven represented by Dan Ahlers with a request of $6,300.00. Dell Rapids Senior Citizens were represented by Treasurer Dick Woolf with a request of $2,500.00. Each group gave a recount of their progress for the past year and the council asked any questions of them that they had.
City Administrators Report - Weiland reported on the following:
• Galaxy Meter installation project is completed with the hired installers and all remaining meters will be installed by city staff. It is expected that the water loss will be minimized substantially.
• August 27 will be budget preparation meeting with the council at 7:30 p.m.
• September council meeting will be held on Tuesday, September 4th, due to the Labor Day holiday.
Claims Approved for Payment by Other Municipal Boards - Library Board Claims: Argus Leader, advertising 97.50; Baker & Taylor Books, 2 books 40.59; Book Systems, annual support 695.00; Eco Water Systems, rental 22.95; Ingram Library Services, 23 books 433.81; Micromarketing 5 books 93.69; Penworthy, 51 books 884.84; SD Library Association, conference registration 180.00.
Treasurers Report - A recap of all income and expenses, since the last meeting, were presented to the council for their review.
Executive Session pursuant to SDCL 1-25-2 for personnel: Testerman moved and Lauritzen seconded that the council enter into executive session at 8:25 p.m. for the purpose of discussion of personnel. Motion carried unanimously.
The council came out of executive session at 8:56 p.m.
Lauritzen moved to adjourn. Second by DeLange. Motion carried unanimously. Meeting adjourned at 8:56 p.m.
LeAnn Kerzman, Finance Officer
Published once at the total approximate cost of $155.12.
1392032 Sept. 5, 2012
NOTICE OF SALE
NOTICE IS HEREBY GIVEN THAT THE CITY OF SIOUX FALLS, SOUTHEASTERN COUNCIL OF GOVERNMENTS, METRO COMMUNICATIONS, BRANDON SCHOOL DISTRICT, CITY OF BRANDON, SOUTHEAST TECHNICAL INSTITUTE, CITY OF TEA, AND MINNEHAHA COUNTY, SD, WILL HOLD A PUBLIC AUCTION OF SURPLUS PROPERTY AND POLICE UNCLAIMED AND CONFISCATED PROPERTY ON SEPTEMBER 15, 2012.
Auction of scrap piles will begin at 9 a.m., Saturday, September 15, 2012, at the Water Purification Plant, 2100 N. Minnesota Ave, and then move to additional sites in the order listed below. The auction of general surplus property, including computers and police unclaimed and confiscated property will also be auctioned beginning at 9 a.m. at the Street Maintenance facility, 1000 E. Chambers St., with vehicles to sell at approximately 12 noon.
Scrap, 2000 N. Minnesota Ave.
General Auction, 1000 E. Chambers St.
Auction items may consist of tractors, trucks, vans, cars, mowers, heavy equipment, office equipment and furniture, public safety equipment and supplies, water equipment and supplies, stereos, speakers, CDs, tools, jewelry, and many other items.
All items are subject to sales tax. Items will be available for inspection one hour prior to the auction. If interested in a specific item, please contact T. Brick Auctions on Friday, September 14, to ensure the item is still on the auction. All items are sold as is, where is, and must be removed from the auction sites on the day of the auction unless other arrangements are made with management. The entire scrap pile must be removed. No secondary sales will be allowed on the premises.
Bank letter or proof of funds required for substantial purchases.
Additional information may be obtained by contacting T. Brick Auction at 605-310-3245 or 605 366-1799, Dawn in the City Finance Office at 605-367-8864, or the City's web page at www.siouxfalls.org.
Bob Litz, Auditor
Published twice at the total approximate cost of $38.07.
1391738 Aug. 29 & Sept. 5, 2012