October 20, 2015
The Miner County Board of Commissioners met in regular session October 20, 2015, 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.
It was moved by Reisch and seconded by Gassman to adopt the following resolution.
RESOLUTION 15-26
WHEREAS, insufficient appropriation was made in the 2015 adopted budget for Urban & Rural Development to discharge just obligations of said appropriation; and
WHEREAS, SDCL 7-21-32.2 provides that transfers may be made by resolution of the board from the contingency appropriation established pursuant to SDCL 7-21-6.1 to other appropriations;
THEREFORE, BE IT RESOLVED that appropriation of $220 be transferred from contingency to Urban & Rural Development.
Voting aye: Reisch, Durant, Gassman, Protsch and Wentland. Voting nay: none. Resolution approved.
Adopted this 20th day of October, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved Protsch, seconded by Durant and carried to authorize the auditor to abate the taxes associated with the tax deed filed for Lot 4 of replat of Lots 7-8, SE ¼ 3-106-56, Howard City Acre Property.
The total unreserved, unassigned fund balance of the General Fund as of September 30, 2015 is $975,466.70 which represents a 29.36% unassigned fund balance percentage based on 2016 total General Fund budget.
The longevity pay process was discussed.
The board adjourned as a board of commissioners and reconvened as a planning commission acting as a board of adjustments. Chairman Protsch called the meeting to order. A hearing was held as advertised to consider granting a conditional use permit from Kevin Schwader to establish an extended home occupation (seed sales operation) which is located on Lot 1 of Schwader’s Addition in the SW ¼ of Section 1, T107N, R 56 W, Adams Township, Miner County, South Dakota. Zoning Administrator Tami Severson and Kevin & Ashley Schwader were present. No person appeared in opposition. Following consideration of materials presented it was moved by Wentland and seconded by Durant that the following findings 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
KEVIN SCHWADER FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant, Kevin Schwader has made an application for a conditional use for an extended home occupation to operate a seed sales business located on Lot 1 of Schwader’s Addition in the South West (SW) ¼ of Section 1, T107N, R56W, Adams 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 October 20, 2015 in the Commissioners’ Room of the Miner County Courthouse.
V
That the applicant, Kevin Schwader was present.
VI
That no 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 no testimony in opposition to the granting of the conditional use was received at the hearing.
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 Kevin Schwader 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.
IX
That the Board of Adjustment vote upon approval of such application was three in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 20th day of October, 2015.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
Motion by Protsch seconded by Durant and carried to enter into executive session to discuss legal matters (SDCL 1-25-2 (3)). The board returned to regular session 9:57. Motion by Protsch seconded by Durant and carried to continue in the appeal of the Keystone Pipeline’s central assessment.
Carol Jandera and Wade Sand of Direct Digital Control presented information concerning the heating system within the courthouse. Commissioners requested that they draft a proposal and estimate for upgrading the controls of the heating system to be considered at a future board meeting.
Claims allowed: Century Link $99.77 911 charges; Med-Star Paramedic $250.00 ALS intercept fee; Mike Clary $60.00, Josh Esser $120.00, Kevin Feldhaus $20.00, Evan Meyer $20.00, Mike Sebert $80.00 ambulance attendant fees; SD Dept of Revenue $1,545.00 county health nurse payment; Philip R. Parent $410.00 court appointed attorneys; Natl. Assn of Counties $450.00 dues; Central Electric Coop $117.97, Xcel Energy $9.56 electric service, Cardmember Services $50.01, HFCA $6,402.34, Sturdevant’s $59.67 fuel; SD Dept of Revenue $591.90 human service center patients; SDML Workers’ Comp Fund $31,573.00, SD Public Assurance $33,431.12 insurance; Brock White Co $24,500.00 machinery/equipment; SD Dept of Revenue $1,814.05 predatory animal control fund; Eric Kobernusz $250.00 professional service; Miner Co Pioneer $14.00 publishing; Aramark $62.53, General Equipment & Supplies $4,000.00 rent; Al’s Service $68.90, Badger Oil $33.26, Bob’s Electric $175.53, Dakota Body Shop $175.00, Girton Adams $840.30, Hoffman Diesel Service $1,870.50, Midwest Boiler Repair $706.86, North Central $223.54, S&S Contracting $127.55, Zoll Medical $3,975.00, Zuercher Technologies $900.00 repairs; Bierschbach Equipment $274.00, Canova Service Center $100.34, Continental Research $310.00, Spencer Quarries $278.29 road materials; Bright Arrow Technologies $100.00, Continental Research $36.02, Cummins Central Power $11.62, Dakota Body Shop $180.00, Dust-Tex Service $114.98, Emergency Medical Products $293.45, HFCA $62.99, Hoffman Diesel Service $1,225.30, Mcleod’s Printing $125.47, Office Peeps $666.65, Puthoff Repair $807.32, RDO Equipment $30.83, Rusty’s $32.84, Sturdevant’s $344.90, Titan Machinery $8.29, TrueNorth Steel $5,442.90, Vander Haag’s $550.00, Wheelco $57.57 supplies; Alliance $65.00,
Verizon $69.92 telephone; Best Western Ramkota $850.00, Voni Durant $30.60, Garrett Gassman $17.64, Alex Protsch $50.40, Safety Benefits $65.00 travel; First District Assn of Local Govts $7,649.09 urban/rural development.
The meeting adjourned to November 3, 2015. Dated this 20th day of October, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor