November 5, 2020
The Miner County Board of Commissioners met in regular session November 5, 2020 in the Miner County Courthouse. Members present: Garrett Gassman, Tom Reisch, Voni Durant and Alex Protsch. Absent: Roger Wentland. Vice-Chairman Protsch called the meeting to order. The Pledge of Allegiance was recited. Motion by Gassman, seconded by Durant and carried to approve the agenda.
The minutes of the October 20th meeting were approved. No one appeared for Public Comment. No conflict of interest was declared.
The auditor’s account with the county treasurer showed an October 1, 2020 balance of $9,528,376.91 in all state, county, civil, school and trust accounts.
It was moved by Reisch, seconded by Gassman and carried to approve the following claims for payment: Road & Bridge $39,417.60, Wellmark $41,353.77, Delta Dental $1,466.88, Kansas City Life $437.98, Retirement $6,375.66, OASI $9,187.01, Commissioners $4,430.75, Auditor $7,332.50, Treasurer $6,850.75, States Attorney $5,667.75, Govt Building $3,253.44, Director of Equalization $7,521.61, Register of Deeds $7,012.47, Vet Service $893.00, Sheriff $11,254.75, Contract Law $4,721.76, Welfare $758.45, Co Nurse $1,326.00, Ambulance $10,542.85, WIC $90.25, Extension $1,326.00, Weed $1,280.26, Dispatch $13,432.41, Emergency Mgt $2,275.00 SEPT PAYROLL; Darcy Albert $14.00, Mike Clary $20.00, Tami Severson $14.00 PAYROLL TRAVEL Alliance $150.00, Santel $55.12, Triotel $173.53 911 CHARGES; SD Dept. of Transportation $13,265.92 CONTRACTED MAINTENANCE; Emergency Medical Products $423.94, Office Peeps $817.02 COVID SUPPLIES; Powerphone $516.00 CPR TRAINING; Xcel Energy $15.11 ELECTRIC SERVICE; HFCA $778.35 FUEL; Northwestern Energy $47.35 GAS SERVICE; SDML Workers’ Comp Fund $26,625.00 INSURANCE; FedEx $13.68 POSTAGE; Miner County Pioneer $1,968.37 PUBLISHING; Microfilm Imaging Systems $385.00 RENT; HFCA $988.74, James Valley Landscape $372.35, Office Peeps $100.31, Powerphone $79.90, Prostrollo Auto Mall $7,851.44, The Radar Shop $129.00, Two Way Solutions $2,400.00, Wingen’s Garage $42.88 REPAIRS; Homestead Building Supplies $209.16 ROAD MATERIALS; Greg Protsch $900.00 STATE’S ATTY OFFICE EXP ALLOWANCE; Relx Inc $149.00 SUBSCRIPTIONS; A Rifkin Co $238.07, Boyer Trucks $414.52, Susan Connor $4.00, Dakota Data Shred $97.34, Dakota Fluid Power $2.18, DS Solutions $175.00, Dust-Tex $130.94, ES&S $176.86, Emergency Medical Products $104.19, Homestead Building Supplies $178.96, HFCA $2,185.19, Kimball Midwest $294.59, Madison Ace Hardware $14.11, Matheson Tri Gas $196.48, McLeod’s $58.57, National 4-H Council $109.64, Office Peeps $684.37, Rusty’s $47.93, Tami Severson $20.00, Two Way Solutions $92.96 SUPPLIES; Alliance $900.27, Colleen Arens $30.00, AT&T $282.18, Century Link $15.18, Tami Severson $30.00, Verizon $166.27 TELEPHONE; Susan Connor $33.60 TRAVEL; City of Howard $1,494.74 UTILITIES; Election Board Workers $4,080.00, ELECTION SALARIES; Election Workers $160.02 TRAVEL.
Commissioners conducted the official canvass by reviewing the precinct recap sheets, precinct poll books, optical scan printouts and excel spreadsheet results. No changes or corrections were made to the final results. It was moved by Durant, seconded by Reisch and carried to approve the results of the 2020 General election. The official canvass was remitted to the SD Secretary of State.
Courthouse building proposed updates were reviewed. The board instructed the auditor to inform Puetz Design + Build the relocation of the IT room is not to be included in the project.
It was moved by Gassman, seconded by Durant and carried to authorize Roger Wentland to sign the Construction Manager at Risk proposals from Puetz Design + Build providing the State’s Attorney does not recommend any changes.
Auditor Connor informed the board of Miner County Historical Society’s interest in leasing to the county the future museum building (217 S. Main) which they have purchased from River’s Edge Bank. The building committee will work with the State’s Attorney’s office to draft a proposal to be presented to the Historical Society for their consideration. During the renovation of the courthouse, Miner County offices could then relocate to 217 S. Main.
The Board of Commissioners considered the application of a retail on-sale liquor license from Sandy Scheuren (Coonhunter Inn) to operate outside of a municipality (Lot 1 of Lot 3 of SW ¼, Epiphany) for the 2021 licensing period. It was moved by Reisch, seconded by Gassman and carried to approve the on-sale liquor license application of Sandy Scheuren (Coonhunter Inn).
Treasurer Pat Carmon joined the meeting. It was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION
RESOLUTION OF GRATUTIOUS TRANSFERS OF REAL PROPERTY BY BOARD OF COUNTY COMMISSIONERS TO THE CITY OF HOWARD
Whereas, a Tax Deed; having been procured by Miner County, State of South Dakota, pursuant to South Dakota Codified Laws chapter 10-25 for the property, herein described below, on the 29th day of September, 2020; and
Whereas, the redemption period expired on the 28th day of September, 2020, and the property owners had not redeemed by that time; and
Whereas, the County of Miner, in the State of South Dakota having acquired said property by tax deed has determined that said property is not held for public use, and it is in the best interest of the public to convey to another political subdivision, towit: City of Howard, the following property, located in Howard, South Dakota:
Lot One (1) of Ward’s First Addition to the City of Howard, Miner County, South Dakota;
Whereas, Miner County, South Dakota does so intend to deed the above described property to the City of Howard and the City of Howard agrees to accept said conveyance by Quit Claim Deed;
Now therefore, be it resolved, that the Board of County Commissioners for the County of Miner hereby adopts and approves the conveyance described herein;
Resolved, that the Board of County Commissioners for the County of Miner hereby deems it advisable and to the best interest of the public to convey the above described property to the City of Howard pursuant to SDCL §6-5-2; and
Further resolved, that the Chairperson of the Board of County Commissioners, Roger Wentland, is hereby authorized, designated and directed to execute and deliver all necessary documents to effectuate the gratuitous transfer of said real property, including the deeds and any other documents or instruments contemplated by, necessary or convenient to effectuate the conveyance, in the name of and on behalf of Miner County.
Voting aye: Durant, Gassman, Reisch and Protsch. Voting nay: none.
Approved this 5th day of November 2020.
Alex Protsch, Vice-Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Highway Superintendent Ron Krempges joined the meeting to review progress on the bridge project on 435th Ave. The contractor plans on pouring cement the beginning of next week. Krempges informed the commission of the timeline for advertising and opening of bids for the asphalt overlay scheduled for 2021.
It was moved by Gassman, seconded by Reisch and carried to authorize Vice-Chairman Alex Protsch to sign the State of South Dakota Dept. of Transportation Bridge Improvement Grant Agreement for Preliminary Engineering – State Administration. This agreement is for structure number 49-093-020.
The board adjourned as a Board of Commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. Chairman Protsch called the meeting to order. A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Craig Lambert to replant trees closer to the center of the road than current zoning allows (asking for 55’ from center of road, zoning requires 108’) in the parcel
described as Lot A of C, Lambert First Add NW ¼ of Section 20, T105N, R58W, Beaver Township, Miner County South Dakota.
Lambert was not present. Zoning Administrator Tami Severson explained that Lambert wishes to replant trees where a previous shelter belt had been located. Highway Superintendent Ron Krempges stated he had looked at the site with Lambert. He feels comfortable with the replanting of the trees as the previous trees had not caused problems with the road or snow removal. It was moved by Reisch and 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
CRAIG LAMBERT FOR A VARIANCE )
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FINDINGS
I
That the applicant, Craig Lambert, has made an application for a variance to plant trees closer to the center of the road than allowed by zoning regulations in the Northwest (NW) ¼ of Section 20, T105N, R58W, Beaver Township, Miner County, South Dakota and that he 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 November 5, 2020, in the Community Room of the Miner County Courthouse.
V
That applicant, Craig Lambert did not appear 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 regarding the granting of the variance was also 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 Craig Lambert for a variance be approved to allow planting of trees 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 four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 5th day of November, 2020.
Alex Protsch, 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 from Gary & Miriam Tripp to plat their parcel down to a size of approximately 3.7 acres (currently sized at 5 acres and known as Lot 1 of Wolf’s Second Add in E ½ NE ¼ 14-106-56) which is smaller than current zoning allows. The 1.3 acres from that parcel would be added to an adjoining parcel (currently known as Lot 1 of Wolf’s 4th Add NE ¼ 14-106-56). The parcels would be platted out of the properties described as Lot 1 of Wolf’s Second Add in E ½ NE ¼ and also Lot 1 of Wolf’s 4th Add NE ¼ of Section 14, T106N, R56W, Howard Township, Miner County, South Dakota.
Myron Rudebusch was present for the hearing. He stated he is the adjoining landowner and would like to purchase this small parcel from Tripps. A letter from Mark & Amy Neises was received in support of granting the variance. Zoning Administrator Tami Severson explained that if this variance was approved, she would like a condition in granting the variance be placed requiring the two landowners to replat their parcels.
It was moved by Gassman 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
GARY & MIRIAM TRIPP FOR A VARIANCE )
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FINDINGS
I
That the applicants, Gary & Miriam Tripp, have made an application for a variance to plat their parcel down to a size of approximately 3.7 acres (currently sized at 5 acres and known as Lot 1 of Wolf’s Second Add in E ½ NE ¼ 14-106-56) which is smaller than current zoning allows. The 1.3 acres from that parcel would be added to an adjoining parcel (currently known as Lot 1 of Wolf’s 4th Add NE ¼ 14-106-56). The parcels would be platted out of the properties described as Lot 1 of Wolf’s Second Add in E ½ NE ¼ and also Lot 1 of Wolf’s 4th Add NE ¼ of Section 14, T106N, R56W, Howard Township, Miner County, South Dakota, and that they are the owners 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 November 5, 2020, in the Community Room of the Miner County Courthouse.
V
That applicants, Gary and Miriam Tripp, did not appear 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 from Myron Rudebusch at the hearing and that no testimony regarding 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 Gary & Miriam Tripp for a variance be approved with the following condition:
1. Gary & Miriam Tripp and Myron & Misty Rudebusch must replat the parcels after the exchange of the land.
AND, FURTHERMORE, the application for a variance shall be approved 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 four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 5th day of November, 2020.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning and Zoning Board and reconvened as a Board of Commissioners.
Having no further business, the meeting was adjourned to November 17th. Dated this 5th day of November, 2020.
Alex Protsch, Vice-Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor