June 7, 2012
The Miner County Board of Commissioners met in regular session June 7, 2012, in the Miner County Courthouse. Members present: Don Bowman, Pat Maroney, Roger Wentland, Voni Durant and Heath Thompson. Absent: none. Chairman Thompson called the meeting to order. The Pledge of Allegiance was recited.
Motion by Durant, seconded by Bowman and carried to approve the agenda.
The minutes of May 15th were approved as presented.
The Auditor’s account with the County Treasurer showed a May 31st balance of $4,634,770.42 in all state, county, civil, school, and trust accounts.
The board conducted the official canvass of the primary election held June 5, 2012. There were no changes to the results. The results were transmitted to the Secretary of State’s office.
Treasurer Debbie Eggert joined the meeting to present her annual list of properties available for tax deed proceedings. Kari Gosmire from the Town of Canova’s city board was also in attendance. Several of the parcels located within the City of Canova that are on the tax deed list will be transferred to the City of Canova after the proceedings have been completed. The county will assist in the cleanup of the property.
Commissioners reviewed correspondence from highway superintendent Ron Krempges concerning highway matters. Motion by Durant, seconded by Bowman and carried to authorize Krempges to sign the rental agreement with James River Equipment for lease of a John Deere 5101E Tractor ($0.00 for 50 hours of use).
As per the request of Mark Fairchild the resolution written by Fairchild to call Congress to reinstate the Glass-Steagall Act and implement the North American Water and Power Alliance plan was brought up for consideration. No motion or support for adoption of this resolution was made by the commission.
Commissioners reviewed correspondence from Kingsbury County. The commission will direct Miner County States Attorney Greg Protsch to be in contact with Kingsbury County in matters dealing with the SD Water Management Board.
Motion by Wentland, seconded by Bowman and carried to adopt the following township bonds: Adams Township Treasurer Jason Feldhaus, Clerk Norman Andenas $50,000; Belleview Township Treasurer Jared Feldhaus, Clerk Mads Andenas $50,000; Canova Township Treasurer Mark Shumaker, Clerk Wendell Steeneck $50,000; Carthage Township Treasurer Andrew Nelson, Clerk Nell Button $50,000; Clearwater Township Treasurer Matthew Connor, Clerk Roger Laible $50,000; Clinton Township Treasurer Lynette Nutter, Clerk Vicki Vining $50,000; Grafton Township Treasurer Robert Poppen, Clerk Teresa Poppen $50,000; Green Valley Township Treasurer Leonard Hinker, Clerk Curt Neises $25,000; Henden Township Treasurer Wallace Jacobson, Clerk Cindy Schwader $50,000; Howard Township Treasurer John Reisch Jr., Clerk Richard Calmus $50,000; Miner Township Treasurer Lenny Schrank, Clerk Gibi Page $50,000; Beaver Township Treasurer Will Walter, Clerk Vicky Wahl $50,000; Redstone Township Treasurer Dawn Hamilton, Clerk Gary Stroud $50,000; Rock Creek Township Treasurer Wendy Eich, Clerk David Schmidt $50,000; Roswell Township Treasurer John Karlen, Clerk Dave Hahn $50,000; Vermillion Township Treasurer Travis Muth, Clerk Ron Ecklein $50,000.
The board adjourned as a board of commissioner and reconvened as planning & zoning commission serving as the board of adjustments. A hearing was held to consider an application for a variance from the zoning ordinance from Kieffer Oil to locate a building closer to the road than allowed by zoning regulations on the Lots 9-10-11, Blk 1, Kieffer’s Add. Fedora, Clinton Township 10-106- 58 in Miner County, South Dakota, Present for the hearing were Zoning Administrator Kay Hageman and Larry Kieffer.
Bowman informed the board that he received questions concerning the placement and color of the building. Kieffer informed the board that the building will be in line with the building to the north and the Fedora Fire Hall. The color has yet to be decided.
Following consideration of oral testimony in support of the application, it was moved by Durant, seconded by Wentland and carried the Findings that follow be approved.
STATE OF SOUTH DAKOTA) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF)
) FINDINGS
KIEFFER OIL FOR A VARIANCE )
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FINDINGS
I
That the applicant, Kieffer Oil (Larry Kieffer), has made an application for a variance to locate a building closer to the road than allowed by zoning regulations in Lots 9-10-11, Blk 1, Kieffer’s Add. Fedora, Clinton Township 10-106- 58 in Miner County, South Dakota, and that Larry Kieffer 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 June 7, 2012, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicant and owner appeared in person.
VI
That a presentation in support of said variance and testimony on behalf of said variance was 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, having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Larry Kieffer for a variance be approved to allow placing the building closer to the road for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 to grant the variance and that the requirements of the zoning ordinance regarding a variance have been met by the applicant.
2) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505 of the ordinance, which are considered prerequisite to the granting of a variance.
VII
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.
Dated this 7th day of June, 2012.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A hearing was held to consider an application for a variance from the zoning ordinance from Shannon Colony by Mark Wipf to locate trees closer to the road than allowed by zoning regulations in the SW ¼ 15-106-55 Clearwater Township in Miner County, South Dakota, present for the hearing were Zoning Administrator Kay Hageman and Mark Wipf. Hageman informed the board that she had received a request from the Clearwater Township Board to move the trees to an 80’ setback from the center of the road and that if there are continued problems with snow over a period of numerous years the township would request that the first row of trees be removed.
Following consideration of oral testimony in support of the application, it was moved by Thompson, seconded by Bowman and carried the Findings that follow be approved.
STATE OF SOUTH DAKOTA) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF)
) FINDINGS
SHANNON COLONY FOR A VARIANCE )
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FINDINGS
I
That the applicant, Shannon Colony by Mark Wipf, has made an application for a variance to plant trees closer to the road than allowed by zoning regulations in the SW ¼ 15-106-55 Clearwater Township in Miner County, South Dakota, and that they are 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 June 7, 2012, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicant, Mark Wipf appeared in person.
VI
That no one appeared in opposition.
VII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that testimony regarding concerns for the granting of the variance was also received at the hearing. That prior to the conclusion of the hearing, the applicant was given an opportunity to present rebuttal evidence.
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 Shannon Colony for a variance be approved to allow planting of trees 80 feet from the center of the road for the following reasons:
That the Miner County Board of Adjustment is empowered under Section 506 to grant the variance and that the requirements of the zoning ordinance regarding a variance have been met by the applicant.
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 conditions:
1. The trees will be set back 80’ from the center of the road
2. If there is a continuing problem with snow (over a period of numerous years) the township would like the agreement that the first row of trees will have to be removed.
Dated this 7th day of June, 2012.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a board of adjustments and remained as a planning & zoning board. The proposed changes to the zoning ordinance to impose a penalty for individuals who do not obtain building permits, variances and conditional use permits were reviewed. The board adjourned as a planning & zoning board and reconvened as a board of commissioners.
Hageman presented the following plat for consideration. It was moved by Maroney and seconded by Wentland that the following resolution be approved.
RESOLUTION 12-12
THEREFORE BE IT RESOLVED that the plat described as TRACT 1 OF RENTSCHLER’S ADDITION IN THE NORTHWEST QUARTER (NW ¼) OF SECTION NINE (9), TOWNSHIP ONE HUNDRED SEVEN (107) 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 its meeting of June 7, 2012 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same.
Voting aye: Durant, Maroney, Wentland, Bowman and Thompson. Voting nay: none.
Heath A. Thompson, Chairman
Miner County Commission
Attest: Susan R. Connor, Miner County Auditor
Motion by Wentland, seconded by Durant and carried to remove from the table the resignation letter from the ambulance service from Lanny Klinkhammer. Thompson informed the board that Klinkhammer would like to have that letter withdrawn and remain as a paid volunteer and board member.
Claims allowed: Highway-$32,687.63, Commissioners $3639.50, Auditor $5422.01, Treasurer $5833.50, States Attorney $3388.50, Gen Govt. Bldg $2658.95, Director of Equalization $3944.10, Register of Deeds $5119.34, Vets Service $732.50, Sheriff $9654.89, Contract Law $3099.75, Welfare $293.53, County Nurse $1622.37, Ambulance $7096.17, WIC $171.82, Extension $1131.03, Weed $710.25, 911-Salaries $8020.76; Emergency Mgt $2129.50, Wellmark $20,637.46, TransAmerica-Gap $6021.55, Guardian-Life, $195.12, Dental-$901.11, Vision $314.73, Social Security $6937.21, Retirement $5064.31, Ron Krempges $9.00, Diane Rentz $9.00, travel; Alliance Communications $1070.15, AT & T Mobility $128.58, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Sheriff telephone; A-OX Welding Supply Co. $140.00, Brickhouse Gardens $280.06, Robert Calmus $45.29, Chief $80.67, Susan Conor $128.09, Dakota Data Shred $51.75, Dakota Fluid Power $162.51, DS Solutions, Inc $300.00, Dust-Tex Service $170.22, Hard Drive Outlet $1579.94, Homestead Building Supply $138.37, Howard Farmers Coop Assn $24,969.35, James River Equipment Co $129.98, Lyle Signs $265.75, McLeod’s Printing & Office Supply $121.78, Mid-American Research $110.22, Northern Truck Equipment Co $1625.88, Office Peeps, Inc $1459.58, Pheasantland Indust.-Garment $417.19, Rusty’s $31.56, Cora Schwader $189.01, Sturdevant’s Auto Parts $1123.94, Thomson West $221.04, Tom’s Hardware Hank $62.50, supplies; Aramark Uniform Services $91.20, rent; Best Western Ramkota Inn $952.89, Robert Calmus $150.92, John D Haak $4.07, Kay Hageman $145.38, Holiday Inn City Centre $115.50, Wallace Jacobson $4.81, Karla Neises $52.00, Dan Page $11.84, Robert Peterson $10.36, Louise Rentschler $50.32, SD Dept of Agriculture $40.00, The Lodge at Deadwood $231.00, SD Assn Co Highway Supts $30.00, travel; Bob’s Electric $207.10, Howard Farmers Coop Assn $17.00, James Valley Nursery, Inc $105.00, SDN Technologies, $2360.78, Sioux Falls Two Way Radio $325.00, Ultra, Inc $4695.00, Office Peeps $319.90, repairs; Zoll Medical Corp $1537.75, Canova-Epiphany Senior Citizens $96.00, senior citizens grant; Century Link $93.83, Santel Communications $55.12, Triotel Communications $171.53, 911 charges; Davison County Jail $975.00, prisoner care; Harmelink-Fox Law Offices $131.00, Lewis & Clark Behav Health Service $149.00, Lincoln County Auditor $189.50, Yankton Co Sheriff Office $25.00, mental illness hearing expense; Kerri Deats $25.00 Mary Hoffman $64.00, Megan Nielsen $40.00, Rose Stee $64.00, Extension Professional Service $64.00, Howard City $1283.11, utilities; Interlakes Community Action $512.90, community action payment; Miner County Pioneer $644.29, publishing; Miner County Treasurer $96.97, cash item, postage; NW Energy & Comm $248.00, gas service; Gregory Protsch $1900.00, office expense allowance; SDSU Extension $10,500.00, Extension 4/H pmt to State; SD Dept of Health Lab Service $35.00, blood alcohol ; SD Dept of Public Safety $12.00, ambulance license; Xcel Energy $11.01, electric service.
The meeting adjourned to June 19, 2012. Dated this 7th day of June, 2012.
Heath A. Thompson, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor