January 17, 2012

January 17, 2012

            The Miner County Board of Commissioners met in regular session January 17, 2012, in the Miner County Courthouse.  Members present:  Pat Maroney, Heath Thompson, Voni Durant, Don Bowman and Roger Wentland.  Absent:  none.  Chairman Thompson called the meeting to order.  The Pledge of Allegiance was recited.

            Motion by Maroney, seconded by Wentland and carried to approve the agenda as amended.  The minutes of January 4th  were approved.

            Commissioners voiced concern as to the plat prepared by Ulteig for land owned by the county, school and city.  Commissioner Thompson will contact Ulteig to request more information pertaining to the plat. 

            Motion by Maroney, seconded by Wentland and carried to pay the full cost of premiums for full time employees (employee only) for vision, dental and life insurance.  Those employees will have the option to obtain coverage for other family members at the employee’s cost.

            The board adjourned as a board of commissioners and reconvened as a zoning board serving as the board of adjustments.  Chairman Maroney presided.  Kay Hageman presented the application of Steve Jacobson for a variance.  A hearing was held as advertised to consider the application to locate a building closer to the road than zoning regulations allow in the W466.69’ of S 466.69’ of SW1/4SW1/4, 25-107-56,  Adams Township, Miner County, South Dakota.  The planning board was informed that this building has already been erected and the application was applied for “after-the-fact”.    After much deliberation it was moved by Durant and seconded by Bowman to approve the findings and conditions that follow.  

STATE OF SOUTH DAKOTA)                                BEFORE THE MINER COUNTY

                                                : SS                              BOARD OF ADJUSTMENT

COUNTY OF MINER              )

 

 

IN THE MATTER OF THE APPLICATION OF    )

                                                                                    )                       FINDINGS

STEVE JACOBSON FOR A VARIANCE              )

 

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FINDINGS

I

            That the applicant, Steve Jacobson, has made an application for a variance to locate a building closer to the road than allowed by zoning regulations in the W 466.69’ of S 466.69’ of SW ¼ SW ¼, in Miner County, South Dakota, and that he is the owner of record thereof.

II

            That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a variance, for which he has applied and paid the applicable fee.

III

            That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.

IV

            That hearing upon said application was held on January 17, 2012, in the Commissioners’ Room of the Miner County Courthouse.

V

            That applicant, Steve Jacobson, did not appear in person.

VI

            That no person appeared in opposition to granting the variance.

VII

            That written presentation in support of said variance and no testimony on behalf of said variance were received at the hearing and that no testimony regarding concerns for the granting of the variance was received at the hearing.

            NOW, THEREFORE, that application, testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Steve Jacobson for a variance be approved to allow locating a building closer to the road than allowed by zoning rules for the following reasons:

1)         That the Miner County Board of Adjustment is empowered under Section 506 to grant the variance.       

2)         That the Miner County Board of Adjustment is able to make the applicable findings required by Section 506 of the ordinance, which are considered prerequisite to the granting of a variance.

VIII

            That the Board of Adjustment vote upon approval of such application was five in favor thereof and none opposed thereto.

            It is, therefore, ORDERED that said application be approved with the following condition:

1. Due to the placement of building closer to road than zoning rules allow any snow removal required on 435th Avenue adjacent to the building shall be paid by the landowner.

Dated this 17th  day of January, 2012.

                                                                        Patrick Maroney, Chairman

                                                                        Miner County Board of Adjustment

Attest:  Susan Connor, Secretary

            The board voiced momentous concern for the current disregard of the zoning rules and regulations.  Therefore, the Section 813 Penalties for Violations within the zoning ordinance shall be reviewed and updated through the process described in SD codified law.   The board adjourned as a planning commission and reconvened as a board of commissioners. 

            Community Health Nurse Barb Esser presented the quarterly CHN report.

            Highway superintendent Ron Krempges presented cost estimates for the proposed 2014 asphalt overlay and requested that the following resolution be approved.  Motion by Maroney and seconded by Durant to adopt the following resolution.

RESOLUTION 12-04

            WHEREAS, Miner County desires the construction and improvement of the road as hereinafter described:   242nd St. from Canova 8 miles west to SD Hwy 25- 2” asphalt overlay-County Road #22-FAS #6242 and

            WHEREAS, Miner County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements, and

            WHEREAS, Miner County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds.

            NOW THEREFORE BE IT RESOLVED that the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the project described.

            Estimated Cost of Project Including Engineering:  $1,082,320; STP Funds:  $600,000; Local Funds $482,320.  Proposed Year of Construction:  2014.

            Voting aye:  Maroney, Wentland, Bowman, Durant and Thompson.  Voting nay:  none.  Resolution adopted this 17th day of January, 2012.

                                                Heath A. Thompson, Chairman

                                                Miner County Board of Commissioners

Attest: Susan R. Connor, Miner County Auditor

            Krempges also reported that gravel crushing for 2012 will be completed in the Skoglund pit.  Renewal of the gravel contract with David Skoglund is being pursued and will be presented for consideration at the February 7th meeting. 

            Representatives from Henry Carlson Company and Architecture, Inc. reviewed the proposed budget for the courthouse elevator project and the preliminary construction schedule.  The estimated budget exceeded the 2008 study done by Architecture, Inc. due to additional work and features added to the plans.  The architectural plans were

 analyzed to remove portions of the project to help decrease the overall budget.   Updated plans and budget figures will be available at the February 7th commissioner meeting.

            Commissioner Thompson informed the commission as to proposed legislation concerning the 911 surcharge increase.  Further discussion will take place at the February 7th meeting.

            It was moved by Wentland, seconded by Bowman and carried to approve the following applications for abatement: 

1.  Applicant Carmon Meadows LLC, Pat Carmon-Howard City Acre Prop SE ¼ Lot 46C of SE ¼ exc Lot 8, Blk 1 & exc Lot 10 Blk 1 and exc Lot 4A & 5A Blk 2 all in Carmon Meadows.    A portion of the  property($1057) has been assessed against the complainant more than once in the same year.  Motion by Wentland, seconded by Bowman and carried to abate $30.84 against parcel #4020.

2.  Applicant Independent Communications, Inc. (Applied for by Miner County)-Bldg on leased site in NE ¼ NE ¼ Roswell Township, 16-106-57.  Communications tower sold to Miner County (tax exempt) valuation $36,855. Motion by Wentland, seconded by Bowman and carried to abate $723.64 against parcel #1212.  

            Claims allowed:  Al’s Service $48.13, Boyer Ford Truck $288.30, Computer Software Assn $2395.00, Hard Drive Outlet $218.50, repairs; Aramark Uniform Services $54.63, Butler Machinery Co $10,087.09, Denny Mentele $300.00, rent; Avera Home Medical Equipment $26.00, Boyer Ford Trucks $139.46, Butler Machinery Co $246.51, Central Business Supply $26.45, Dust-Tex Service $140.52, Maria Feldhaus $68.38, Howard Community Club $55.00, Howard Farmers Coop Assn $6349.83, Mac’s Inc $72.94, Miner County Treasurer $23.50, Domestic Abuse Adm; Northern Truck Equipment $711.08, Office Peeps, Inc. $436.39, Rusty’s Foodland $212.27, SDSU Dept of Animal & Range Science $262.50, Sheehan Mack Sales & Equipment $320.63, Sioux Falls Two Radio $40.98, SD Federal Property Agency $28.00, Spencer Quarries, Inc. $298.80, Stamp Fulfillment Services $757.50, Sturdevant’s Auto Parts $117.49, Titan Machinery $243.74, Tom’s Hardware Hank $68.49, Van’s Auto Electric $220.00, Wheelco Brake & Supply $12.69, Zep Manufacturing Co $229.32, supplies; Don Bowman $31.08, Susan Connor $14.80, Voni Durant $14.80, travel; Carthage Senior Citizens $60.00, senior citizens grant; Domestic Violence Network $105.75, Mitchell Area Safehouse $1305.75, qtrly payment; Ericsson & Giles $164.00, mental illness hearing expense; Factor360 $1920.00, website upgrade; Maria Feldhaus $70.00, extension dues; Glacial Lakes & Prairies $300.00, industrial dev grant; Howard City $1435.70, utilities; Interlakes Community Action $512.90, outreach worker, $13,000.00, transit bus support; Midstates Organized $100.00, SD Emergency Management Assn $30.00, SD Hwy Supts Assn $195.00, SD Sheriffs Assn $421.67, dues; Miner County Treasurer $137.92, cash item-postage & supplies; Santel Communications $55.12, Triotel Comunications $167.53, 911 charges; Ulteig $3250.00, engineering; Xcel Energy $15.45, electric service; Sioux Falls Two Way Radio $4493.98, Fedora Fire Dept equipment.

            The meeting adjourned to February 7, 2012.  Dated this 17th day of January, 2012.

                                                Heath A. Thompson, Chairman

                                                Miner County Board of Commissioners

Attest:  Susan R. Connor, Miner County Auditor

           

 

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