September 3, 2013
The Miner County Board of Commissioners met in regular session September 3, 2013, in the Miner County Courthouse. Members present: Roger Wentland, Don Bowman, Pat Maroney, Alex Protsch and Voni Durant. 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 August 20th meeting were approved.
The Auditor’s account with the County Treasurer showed a August 31, 2013 balance of $3,963,991.23 in all state, county, civil, school, and trust accounts.
Motion by Maroney, seconded by Protsch and carried to approve the 2013 SD Emergency Mangement State & Local Agreement with the State of SD.
Motion by Bowman, seconded by Maroney and carried to renew the Hartford Steam Boiler- Boiler Machine policy with Miner Insurance Agency.
A hearing was held as advertised to consider the 2014 provisional budget for Miner County. No additional persons were in attendance. Final adoption will be on September 24th.
Motion Durant, seconded by Bowman and carried to enter into executive session (9:45) to review employee performance (SDCL 1-25-2 (1)). Highway Superintendent Ron Krempges joined the session. Returned to regular session at 10:03.
Krempges reported on future bridge replacement, mowing, and other highway matters.
The auction of the lease of the farmable portion of the SW ¼ of Section 4-106-56, Howard Township, consisting of 150.9 acres, known as the county farm, was held as advertised. Present for the auction were Jason Moe, Brian Kizer, Jason Clark, Randy Nielsen, and Dave Miller. The lease was awarded to Jason Moe for $29,000. He chose a three year lease, beginning February 1. 2014.
The board adjourned as a board of commissioners and reconvened as a planning commission serving as the board of adjustments.
A hearing was held as advertised to consider an application for a variance from the zoning ordinance to Roxanne Chapman to construct a 20’ X 24’ kidding barn 30’ from the East property line in the North East (NE) ¼ Section 11, T106N, R55W, Clearwater Township, Miner County, South Dakota. Present for the hearing was Zoning Administrator Tami Severson. Severson reported that Ms. Chapman would like to utilize existing cement foundation to construct the barn.
Motion by Bowman and seconded by Wentland that 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
ROXANNE CHAPMAN FOR A VARIANCE)
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I
That the applicant, Roxane Chapman, has made an application for a variance to build a 20’ x 24’ kidding barn closer to the East property line than zoning allows in the NE ¼ Section 11, T106N, R55W, Clearwater Township, in Miner County, South Dakota, and that she is the personal representative of the estate of Bob Chapman who 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 September 3, 2013, in the Commission room of the Miner County Courthouse.
V
That applicant did not appear in person.
VI
That no other persons 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 no testimony regarding concerns for the granting of the variance was received at the hearing.
NOW, THEREFORE, that application and testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Roxane Chapman for a variance be approved to allow building a kidding barn closer to the East property line 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.
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.
Dated this 3rd day of September, 2013.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest:
Susan Connor, Secretary
A hearing was held as advertised to consider an application for a variance from the zoning ordinance to Henry Wipf, Jr. to allow a lot size smaller than 5 acres (180’ x 180’) and to wave the intensity of use-more than 4 dwellings per quarter section in the southeast (SE) ¼ of Section 3, T108N, R56W, Grafton Township, Miner County, South Dakota. Present for the hearing was zoning administrator Tami Severson. Severson explained this was a lot located adjacent to the existing Cloverleaf Colony.
Motion by Wentland and seconded by Durant that 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
HENRY WIPF JR. FOR A VARIANCE )
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I
That the applicant, Henry Wipf Jr., has made an application for a variance for a Lot size smaller than 5 acres (180’ x 180’) and the intensity of use-more than 4 dwellings per quarter section in the South East (SE) ¼ of Section 3, T108N, R56W, Grafton Township, Miner County, South Dakota and that he is a member of the Cloverleaf Farmers Cooperative who 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 September 3, 2013, in the Commission room of the Miner County Courthouse.
V
That applicant did not appear in person.
VI
That no other persons 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 no testimony regarding concerns for the granting of the variance was received at the hearing.
NOW, THEREFORE, that application and testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Henry Wipf, Jr. for a variance be approved to allow a smaller lot size and an increase of intensity of use for the following reasons:
3) 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.
4) 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.
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.
Dated this 3rd day of September, 2013.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest:
Susan Connor, Secretary
The board adjourned as a planning commission and reconvened as a board of commissioners.
Members of the Clearwater Township board-Matt Connor, Larry Haak, and Lyndon Potter; Ben Wipf and Mark Wipf of Shannon Colony and Highway Superintendent Ron Krempges joined the meeting. A suggested road repair schedule was presented which included 2 sites. Site #1 from the intersection of 440th Avenue and 235th street going west approximately ½ mile to Shannon Colony. At this site Clearwater Township will contract with Dawson Construction and pay for 3” of crushed gravel and the spreading of the gravel. Site #2 which is from Highway 81 west approximately 1 mile on 235th Street to the intersection of 440th Ave. and 235th Street. Clearwater township will purchase gravel from Miner County for a 3” mat. Miner County Highway Dept. would deliver it and lay it down. After the previous work is completed, Shannon Colony would then pay for mag-water and the application on both sites. This would help maintain the integrity of this township road and would keep heavy use traffic off 440th Ave. which is a county road.
The revised Road Haul Agreement between Miner County, Clearwater Township and Shannon Colony was also reviewed. Motion by Maroney, seconded by Bowman and carried to approve the road repair schedule providing county assistance for the project and to also approve the Road Haul Agreement.
Claims allowed: Road & Bridge $34,034.98, Wellmark $25,635.72, TransAmerica -$6,313.87, Guardian-$1,500.31, Retirement $5,037.73, OASI $7,528.07, Commissioners $3,744.25, Auditor $5,909.54, Treasurer $5,993.00, States Attorney $3,490.25, Govt Building $3,140.41, Director of Equalization $3,758.98, Register of Deeds $5,792.61, Vet Service $754.50, Sheriff $10,455.18, Contract Law $3,193.25, Welfare $270.47, Co Nurse $1,956.93, Ambulance $7,202.20, WIC $636.40, Extension $2,156.42, Weed $781.50, Dispatch $10,063.02, Emergency Mgt $2,293.25;
Other claims: SDSU Extension $10,500.00 4-H pmt to state; Ray Genzlinger $150.00 ag building watchman; Avera Queen of Peace Hospital $46.56, Walgreens $311.18 county jail other fees; SD Dept. of Transportation $2,591.05 engineering; Northwestern Energy $39.18 gas service; Miner County Treasurer $2.31 LEPC amounts held for others; Denise Cody $15.00, Lucy Lewno $150.46, Karen Swanda $15.00, Yankton Co. Sheriff Office $25.00 mental illness hearing expense; City of Howard $1,395.25 mosquito control; SD Dept. of Health Lab Service $45.00 other expense; Miner Co Treasurer $67.87 postage; Davison County Jail $86.00 prisoner care; Aramark Uniform $46.61, Larry Holland $610.00 rent; A-1 Jet $420.90, Dan’s Heating & Cooling $179.97, Hard Drive Outlet $171.50, Homestead Building Supply $1,750.97, Sheehan Mack $161.77 repairs; Flint Hills Resources $152,298.23 road materials; Gregory Protsch $900.00 state’s atty. off. exp. allow.; American Stamp & Marketing Prod. $65.32, Butler Machinery $21.58, County Wide Directory $400.00, Dakota Diesel Service $69.70, Maria Feldhaus $29.50, James Valley Nursery $354.00, Madison Instant Printing $10.60, Miner Co Treasurer $46.00, Puthoff Repair Sales & Service $58.41, Scull Studios $20.00, Sheehan Mack $396.08 supplies; AT&T $134.21, Century Link $6.26, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00 telephone; SD Assn. Co. Commissioners $1505.00, Tami Severson $9.00 travel; Miner Insurance $937.00 insurance.
The meeting adjourned to September 24, 2013. Dated this 3rd day of September, 2013.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor