February 7, 2017
The Miner County Board of Commissioners met in regular session February 7, 2017 in the Miner County Courthouse. Members present: Roger Wentland, Tom Reisch, Garrett Gassman, Voni Durant, and Alex Protsch. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Durant, seconded by Protsch and carried to approve the agenda as amended.
The minutes of the January 17th meeting were approved.
The Auditor’s account with the County Treasurer showed a January 31, 2017 balance of $5,820,895.04 in all state, county, civil, school, and trust accounts.
The board acknowledged receipt of the following correspondence: LTAP Joint Reginal Training Activity; NACo Flag Disposal Box Program.
Todd Kays, Executive Director of First District of Local Governments reviewed the district’s activities within Miner County. Kays reported on several projects including E-911 Database Management, Next Gen 911 GIS Update, maintaining GIS Parcel layer, developing webhost and maintenance of GIS Website, assisted in development of SDDOT Bridge and Highway Plan and assisted in providing process and information for Rezoning Project.
Commissioners had several questions pertaining to the county’s personnel policy. Kays suggested a review of the personnel policy along with a review of the current zoning ordinance and land use plan. First District will be available to assist in revising these policies and procedures.
Highway Superintendent Ron Krempges discussed highway matters and presented the following resolutions.
It was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION 17-4
WHEREAS, Miner County wishes to amend their previously approved 5 year County Plan for the Bridge Improvement Grant Program:
Addition: Add structure #49-161-080 with structure #49-160-079 Bridge Replacement Preliminary Engineering and Bridge Replacement listings in the 2017 Five-Year County Highway and Bridge Improvement Plan.
NOW THEREFORE BE IT RESOLVED:
That the South Dakota Department of Transportation be and hereby is requested to accept the Amended 5 Year County Highway and Bridge Improvement Plan, previously approved on October 4, 2016.
Voting aye: Reisch, Gassman, Durant, Protsch and Wentland. Voting nay: none. Resolution adopted this 7th day of February, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION 17-5
WHEREAS, excessive loads can be detrimental to our highways, and
WHEREAS, the Miner County Board of Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars and,
WHEREAS, the Miner County Board of Commissioners desire the enforcement of weight limitations on Miner County Roads as set forth and posted by the Miner County Highway Superintendent
NOW THEREFORE BE IT RESOLVED, that the limits on Miner County Highways shall be set with South Dakota weight limitations with the exception of 425th Avenue (County Road #17) between 220th Street and 233rd Street (SD Hwy #34) and 421st Avenue (County Road #21) between 233rd street (SD Hwy #34) and 244th Street will be set as 80,000 pounds gross weight for any vehicle or combination of vehicles.
BE IT FURTHER RESOLVED that seasonal spring thaw weight limitations will preside over such weight limitations when signs are in place and displayed and that the SD Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads and that the penalty for the violation of the load restrictions shall be set forth in SDCL 32-22-55.
Voting aye: Gassman, Reisch, Protsch, Durant and Wentland. Voting nay: none. Resolution adopted this 7th day of February, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Protsch and seconded by Reisch to adopt the following resolution.
RESOLUTION 17-6
MINER COUNTY WEIGHT LIMIT ENFORCEMENT
WHEREAS, seasonal climatic changes can be detrimental to our highways, and
WHEREAS, the Miner County Board of County Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars, and
WHEREAS, the Miner County Board of County Commissioners desire the enforcement of weight limitations on Miner County roads as set forth and posted by the Miner County Highway Superintendent
NOW THEREFORE BE IT RESOLVED, the limits on Miner County Highways shall be set at 7 ton per axle/40 ton gross vehicle weight, with the exception of county road 17 (425th Ave.) from Carthage south to SD Hwy #34 and county road 22 (242nd St.) from Canova east to US Hwy #81 shall be 40 ton gross vehicle weight, during spring thaw period and when weight limit signs are in place and that the South Dakota Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads.
BE IT FURTHER RESOLVED that the penalty for the violation of the load restrictions shall be set forth in SDCL 32-22.55.
Voting aye: Gassman, Reisch, Protsch, Durant and Wentland. Voting nay: none.
Resolution adopted this 7th day of February, 2017 at Howard, South Dakota.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Motion by Durant, seconded by Gassman and carried to authorize the SD Highway Patrol to enforce weight limitations on Miner County roads.
The board recessed as a Board of Commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. The meeting moved to the 3rd floor courtroom.
Zoning Chairman Protsch called the meeting to order. Those in attendance included Zoning Administrator Tami Severson & assistant Darcy Albert, State’s Attorney Greg Protsch & assistant Kristian Ellendorf, Rob Eggert, Mike Clary, Rick Hiltunen, Jerry Calmus, Carla Paulson, and Heather Paulson. Tyler Oliver joined the meeting telephonically. It was moved by Durant, seconded by Wentland and carried to remove from the table the Dollar General application for conditional use. Chair Protsch informed those in attendance that the public hearing portion of this process had been closed at the meeting held on January 17th. Protsch asked for any comments or questions from the board. Reisch stated that this board does not have the authority to dictate which businesses may do business within the county if they follow all the requirements presented. He does have a concern as to the speed limit on SD Hwy 34 at the intersection of 435th Avenue. If the conditional use is approved he would only support on the condition that no construction is to begin until the SD DOT reduces the speed to 45 mph at that location. Roger Wentland stated he had worked with highway superintendent Ron Krempges, engineer Brad Stangohr to verify with the SD DOT that the location of the driveway for the proposed Dollar General is in compliance with DOT regulations. Durant voiced support of the reasoning of Reisch and Wentland. Gassman questioned if the speed limit on 435th Avenue should also be reduced. Due to the location in close proximity to the stop sign the speed limit may not be an issue. Tyler Oliver explained that there is no access to the store off of SD Hwy 34 with the only access located along 435th Avenue. Chairman Protsch also stated that the proper application and processes have been followed by the applicant.
A condition to the application approval was made by Reisch to add that no construction may begin on the proposed site until the SD DOT completes the lowering of the speed limit within the area of the proposed Dollar General store and to approve the following findings. The condition was seconded by Durant and carried unanimously with the following Findings being approved.
STATE OF SOUTH DAKOTA ) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
) FINDINGS
COLBY 2016, LLC TYLER OLIVER (DOLLAR GENERAL)
FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant, Tyler Oliver has made an application for a conditional use to operate a retail establishment in the “CI” Commercial/Industrial District located on Tract 1 of Weishaar’s Addition in the Northwest Quarter of the Northwest Quarter of Section 12, T106N, R56W, Howard Township, Miner County, South Dakota
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
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, 2017 in the Courtroom of the Miner County Courthouse.
V
That the applicant, Tyler Oliver was present.
VI
That numerous residents appeared in opposition.
VII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that testimony in opposition to the granting of the conditional use was also received at the hearing.
VIII
That the application was tabled until February 7, 2017.
IX
That at the meeting held on February 7, 2017 concern was stated by the board members as to the speed limit in proximity to the proposed retail site.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Colby 2016, LLC Tyler Oliver for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
X
That the Board of Adjustment vote upon approval of such application was five (Gassman, Reisch, Wentland, Durant and Protsch) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved with the following condition:
- No Construction may begin until the SD Dept. of Transportation reduces the speed limit to 45 mph in advance of the intersection of SD Hwy 34 and 435th Avenue.
Dated this 7th day of February, 2017.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The Board adjourned as a Planning & Zoning Board and reconvened as a board of commissioners. The meeting moved back to the board of commissioners’ room.
Planning & Zoning Administrator Tami Severson presented the following plats for consideration. The Weischaar plat located in the NW ¼ of the NW ¼ of Section 12, Township 106 North, Range 56 West of the 5th Principal Meridian, Miner County South Dakota. Severson informed the board that there is a discrepancy with the amount of right-of-way owned by the SD DOT. This is being researched with information to be provided to the zoning office prior to the next commission meeting at which time the plat will be reconsidered.
It was moved by Gassman, and seconded by Protsch to adopt the following resolution.
RESOLUTION 17-7
BE IT RESOLVED that the plat described as LOT 1 OF JARDIN434’S ADDITION IN THE SOUTHEAST QUARTER (SE ¼) OF SECTION TEN (10), TOWNSHIP ONE HUNDRED SIX (106) NORTH, RANGE FIFTY-SIX (56) WEST OF THE 5TH P.M. IN MINER COUNTY, SOUTH DAKOTA, be approved and accepted by the Board of County Commissioners at it meeting of February 7, 2017 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same.
Voting aye: Reisch, Protsch, Gassman, Durant and Wentland. Voting nay: none. Resolution approved this 7th day of February, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Welfare Director Gibi Page presented an updated County Funeral Policy for indigent residents. Page informed the board that she has reviewed this policy with Terry Lee of Willoughby/Ellsworth Funeral Homes. Lee has been made aware of the process and the amounts covered for county burial/cremation services. After review of the policy it was moved by Gassman, seconded by Reisch and carried to approve the Miner County Funeral Policy. A copy of the policy is available for public inspection at the office of the Welfare Director, Gibi Page.
Kay Heimark of Risty Benefits presented renewal options for the county employees dental, vision and life insurance. It was moved by Reisch, seconded by Protsch and carried to approve the proposal from MetLife for dental, vision and life insurance coverage.
The board briefly reviewed issues with the amount of compensatory time that is allowed. This issue will be reviewed further when the personnel policy is updated.
It was moved by Durant, seconded by Gassman and carried to enter into executive session (SDCL 1-25-2 (3)) at 11:41 to discuss legal matters. The board returned to regular session at 12:00.
CLAIMS ALLOWED: Road & Bridge $32,102.49, Wellmark $35989.57, Reliance $1,703.00, Retirement $5,315.10, OASI $7,681.69, Commissioners $4,140.00, Auditor $6,583.25, Treasurer $5,969.25, States Attorney $3,859.25, Govt Building $2,648.00, Director of Equalization $6,444.50, Register of Deeds $5,892.86, Vet Service $834.00, Sheriff $10,772.75, Contract Law $3,846.00, Welfare $585.60, Co Nurse $1,229.75, Ambulance $9,703.98, WIC $84.00, Extension $1,229.75, Weed $1,183.50, Dispatch $9,906.12, Emergency Mgt $2,198.75 JANUARY PAYROLL;
Miner Co Treasurer $230.49 POSTAGE; Miner Co Treasurer $83.16 SUPPLIES.Alliance $300.00, Century Link $101.07, Santel $55.12, Triotel $167.53 911 CHARGES; Horizon Health Care $45.00, SD Dept. of Health Lab Service $70.00 ALCOHOL TESTING; SDSU Extension $140.00 BACKGROUND CHECKS; SD Dept. of Transportation $3,061.49, Winker Stump Grinding Service $8,125.00 CONTRACTED MAINTENANCE; Powerphone $387.00 CPR TRAINING; Domestic Violence Network $78.75, Miner Co Treasurer $17.50, Mitchell Area Safehouse $78.75 DOMESTIC ABUSE PAY TO OTHERS; SD Assn of Co Officials $692.23, SD Assn Co Hwy Supts $275.00 DUES; Xcel Energy $23.76 ELECTRIC SERVICE; HFCA $6,308.19, Sturdevant’s $12.99, Wingen’s Garage $167.75 FUEL; Northwestern Energy $1,592.96 GAS SERVICE; Domestic Violence Network $650.00, Howard Senior Citizens $252.00, Mitchell Area Safehouse $650.00 GRANTS; Emergency Safety Education $113.61 IN SERVICE EDUCATION; Meierhenry Sargent $4,861.67 LEGAL SERVICES; Stamp Fulfillment Services $300.25 POSTAGE; Davison Co Jail $380.00, Lake Co Sheriff’s Office $3,000.00, Madison Community Hospital $2,004.67 PRISONER CARE; Miner Co Pioneer $309.28 PUBLISHING; Microfilm Imaging Systems, Inc. $145.00 RENT; Howard Auto Clinic $791.56, HFCA $38.90, Office Peeps $85.50, S&S Contracting $687.44, Titan Machinery $107.35, Ultra $236.25 REPAIRS; Greg Protsch $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Relx Inc. $136.86 SUBSCRIPTION; AED Superstore $157.50, Butler Machinery $84.15, Custom Art Graphics $192.00, Dakota Data Shred $15.00, Fastenal $6.64, Gary’s Lock & Key $318.95, Homestead $63.42, Howard Community Club $55.00, Kimball Midwest $370.42, Mighty Auto Parts $6.01, Puthoff Repair $59.57, Rafferty-Robbins $9.68, Rusty’s $71.18, Salem Tractor Parts $368.00, Sturdevant’s $1,036.80, Titan Machinery $944.00, Wheelco $121.25 SUPPLIES; Alliance $857.77, Colleen Arens $30.00, AT&T $80.87, Century Link $9.09, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Verizon $70.55 TELEPHONE; SD Dept. of Public Safety $2,340.00 TELETYPE; Patricia Hartsel $98.80 TRANSCRIPTS; Ramkota $93.00, SD Assn Assessing Officers $300.00, SD Assn Co Hwy Supts $80.00 TRAVEL; City of Howard $2,201.91 UTILITIES.
The meeting adjourned to February 21st. Dated this 7th day of February, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor