January 17, 2017
The Miner County Board of Commissioners met in regular session on January 17, 2017 in the Miner County Courthouse. Members present: Roger Wentland, Alex Protsch, Garrett Gassman, Tom Reisch and Lavonne Durant. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. It was moved by Protsch, seconded by Durant and carried to approve the agenda.
A correction was made to the minutes from January 3, 2017 in the section regarding the members of the ambulance board. The NW area, which was previously marked “Vacant” should be corrected to “Gibi Page”. The minutes were approved, as corrected.
The board recessed as the Board of Miner County Commissioners and reconvened as a Planning & Zoning Board serving as the Board of Adjustments. The meeting was moved to the 3rd floor courtroom. Planning Chairman Protsch called the planning commission meeting to order. A hearing was held, as advertised, to consider granting a conditional use permit from Colby 2016, LLC, Tyler Oliver to operate a retail establishment in the Commercial/Industrial District located in the Northwest Quarter of the Northwest Quarter of Section 12, T106N, R56W, Howard Township, Miner County, South Dakota.
Those present included Zoning Administrator Tami Severson & assistant Darcy Albert, State’s Attorney Greg Protsch & assistant Kristian Ellendorf, the applicant Tyler Oliver, and members of the public.
Chairman Protsch called the meeting to order and asked for a motion to approve the application. It was moved by Gassman and seconded by Durant to approve the application of Colby 2016, LLC for a conditional use. Chairman Protsch then invited Tyler Oliver, employee of Colby Capital, to speak about the proposed business. He stated that the Dollar General Corporation is planning on a 15-year commitment to the store that would be located on the outskirts of Howard, SD and is seeking community support.
Protsch opened the meeting for public input and/or questions. Some of those in attendance questioned why Howard was a desired location for Dollar General with other Dollar General stores being in close proximity. Tyler Oliver replied that it would catch different traffic patterns than the ones located in DeSmet & Salem.
Statements were also made by the public about adverse effects on existing local businesses. Oliver stated that Dollar General is not meant to replace the grocery store and local stores already in place, but to supplement them.
Pat Maroney mentioned that the store would be out of the city limits, so the sales tax revenue would not help the city. Oliver stated that the current location was not their first choice, but that they were not able to obtain real estate in town that would be sufficient. Greg Protsch questioned whether Dollar General would oppose being annexed into the city, should the City of Howard wish to do so. Oliver answered that the Dollar General would not oppose annexation.
Environmental issues were a concern of Heather English who owns land between the City border and the proposed Dollar General location. Oliver stated that they generally do landscaping with native grasses and that signage would be limited.
Commissioner Wentland asked about the distance between Highway 34 and the entrance of the building, concerned whether or not a semi waiting to pull out onto the highway would be blocking the entrance. Oliver responded that there is 200 feet planned between the center of the road and the entrance.
Chairman Protsch asked if there were any other proponents or opponents to the granting of the conditional use. Carla Poulson spoke in opposition. She sited Section 505, item 4 of the zoning ordinance as it concerns public interest. She was concerned as to the amount of direct competition with existing businesses as their stores’ revenues would decrease therefore decreasing city tax revenues.
Rick Hiltunen, owner of Rusty’s Food Store, spoke in opposition of the conditional use permit. He stated with the dwindling population every dollar counts for local businesses. Rusty’s has been in Howard for years and has been very good to its customers and surrounding communities and Dollar General would not provide the community support that Rusty’s and other local businesses provide. Tyler Oliver agreed that Hiltunen and other store owners will contribute more to the community than Dollar General. However, he believes that new business breeds new business, which would help the town grow.
Carla Poulson asked the Board to table their decision until they have had more time to review her research on how Dollar General will adversely affect the community.
Alex Protsch asked if there were any other questions or comments from the public. Hearing none, the public hearing was closed. Members of the Board concurred that the motion should be tabled until they have had a chance to review the information provided to them at the public hearing. Therefore, the conditional use consideration was tabled until the next meeting to be held on February 7th at 10:30 a.m.
A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Brenda & John Reisch to plat a parcel at 4.6 acres including right of way which is smaller than current zoning allows (5 acres plus right of way) in the South East Quarter (SE4) of Section 10, T106N, R56W, Howard Township, Miner County, South Dakota.
Brenda Reisch stated that they built their house 11 or 12 years ago, purposely building their house away from their farm buildings. They would like to separate the house from the quarter of land that they farm. Tami Severson stated that the acreage is less than the required 5 acres. No objections or concerns in granting the variance were received.
Following consideration of oral testimony in support of the application, it was moved by Wentland, seconded by Gassman 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
BRENDA & JOHN RESICH FOR A VARIANCE )
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FINDINGS
I
That the applicants, Brenda & John Reisch, have made an application for a variance to plat a parcel at 4.6 acres including right of way which is smaller than current zoning allows (5 acres plus right of way) in the South East Quarter (SE4) of Section 10, T106N, R56W, Howard Township, 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 January 17, 2017, in the Courtroom of the Miner County Courthouse.
V
That the applicant, Brenda Reisch, appeared in person.
VI
That no person appeared in objection to granting the variance.
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 in opposition to 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 Brenda & John Reisch for a variance be approved to allow platting a parcel at 4.6 acres including right of way which is smaller than current zoning allows for the following reasons:
1) 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.
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.
Dated this 17th day of January, 2017.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Rebecca Mommaerts, Deputy-Secretary
The board adjourned as a Planning Commission/Board of Adjustments and reconvened as a Board of Commissioners returning to the Miner County Commissioners’ room.
Tami Severson presented the Weishaar plat consideration. She stated that she was not comfortable moving forward with the plat due to her uncertainty if the requirement for the right-of-way was 33 or 50 feet. The plat was tabled until February 7th.
Sheriff Lanny Klinkhammer, Deputy Rob Eggert and Deputy Mike Clary joined the meeting to discuss the Legislative Audit findings, which showed that accurate records of vacation and sick leave were not being kept for the deputies. Klinkhammer stated that this was simply a miscommunication with the state auditor, and the amounts have always been tracked by the deputies. He will have them turn in their totals as of the end of December so that the auditor’s office may track the vacation/sick leave.
Miranda Donahue presented the CHN quarterly report. Donahue requested using money from the CHN budget to paint the office, which the commissioners approved.
The board entered into executive session at 11:00 (SDCL 1-25-2 (1)). The commission returned to regular session at 11:10.
CLAIMS ALLOWED: Mike Clary $20.00, Rob Eggert $60.00, Josh Esser $100.00, Mike Sebert $40.00 AMBULANCE ATTENDANT FEES; Alliance $300.00, Santel $55.12, Triotel $171.53 911 CHARGES; Horizon Health Care $45.00 ALCOHOL TESTING; ICAP $620.92 COMMUNITY ACTION PAYMENT; All-In-One Landscaping $2,150.00 CONTRACTED MAINTENANCE; Lammers Kleibacker $451.60, Wilkinson & Wilkinson $378.70 COURT APPOINTED ATTORNEYS;
Community Counseling Service $1,750.00 DRUG ABUSE GRANT TO OTHERS; Maria Feldhaus $120.00, SD Assn of Weed Supervisors $50.00, SD Sheriff’s Assn $421.67, Tri-State Emergency Mgt. Assn $20.00 DUES; Central Electric Coop $66.65, Xcel Energy $28.19 ELECTRICITY; HFCA $1098.77, Wingen’s Garage $1,283.12 FUEL; Glacial Lakes & Prairies $300.00 INDUSTRIAL DEVELOPMENT GRANT; Community Counseling Service $1,750.00 MENTAL HEALTH CENTER GRANT; SD BIT $27.00 NETWORK ACCESS FEES; Miner Co Treasurer $274.20 POSTAGE; Lake Co Sheriff’s Office $1,235.00, Lewis Drug $10.19, Mitchell Clinic $119.00 PRISONER CARE; Judy Calmus $300.00, Howard Community Club $55.00, Microfilm Imaging Systems $145.00 RENT; Bob’s Electric $346.83, Butler Machinery $240.00, HFCA $74.77, S&S Contracting $331.64, Tom’s Hardware $44.93, Tyler Technologies $3,056.70 REPAIRS; ICAP $1,875.00 SENIOR CITIZENS GRANT; Dakota Data Shred $117.02, Dawson Construction $29.58, Dust-Tex $146.94, Emergency Medical Products $160.36, Fastenal Company $6.70, Home Service Water Conditioning $21.20, Miner Co Treasurer $14.90, Office Peeps $280.22, Rusty’s $6.62, Sheehan Mack $176.43, SD Federal Property Agency $87.50, Stan Houston Equipment $578.47, Sturdevant’s $589.70, Tom’s Hardware $269.79, Wheelco $1.94 SUPPLIES; Alliance $846.43, Verizon $75.61 TELEPHONE; Robert Calmus $36.96, SD Assn of Co Officials $100.00, Weed & Pest Conference $235.00 TRAVEL; Beadle Co Auditor $950.00 VICTIMS ADVOCATE
The meeting adjourned to February 7, 2017. Dated this 17th day of January, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Deputy Auditor