The Garretson School board had a very active session this last Monday. Every seat was full in the Garretson school library as the board convened for their regular monthly meeting, as parents wished to air grievances about the supervision policies at sporting events and the board discussed a student matter, in the end voting to expel the student.
It should be noted that the School Board had two special meetings over the past three weeks for student and personnel matters, all of which were held behind closed doors in executive session.
While the information about who and what those proceedings were about are unclear, it can be concluded that the student matter in question was related to a recent student arrest. The arrest occurred when a firearm was found in said student’s vehicle parked on school grounds by the school’s resource officer, Deputy Jason Aanenson, after a student complaint was filed.
The other matter involved a parental complaint. The board directed attorney Rodney Freeman to prepare a statement of facts and conclusions, which resolved the complaint in the eyes of the board.
As to the contents of the report and facts about the complaint, there are few details that have been made public.
After the meeting began, and the agenda was approved, the board went to the Open Forum section of the meeting. Because of the rules change they made at the recommendation of the ASBSD (Associated School Boards of South Dakota), speaking to the school board in open session like this is a lot less onerous than it used to be.
Board President Shannon Nordstrom recognized Natasha Mendoza to speak. Mendoza had prepared a presentation on the school’s current policies at sporting events, specifically the supervision rules that the school uses to create a controlled environment at said events.
“These are reactionary policies that do not express the values of our families and our small-town consciousness,” she said. “Because of this, our families are re-thinking the merits of game attendance. The policies are pushing people away and that’s the last thing we want. The policies, as they are, won’t even let students go to the bathroom unaccompanied. Our students can’t even gain the experience to go and buy a candy bar without mom and dad helping. What question that we’re asking the board tonight is, what Garretson stands for? We have strong families that love and support our district, but we need to change direction!”
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Palisades Art Gallery is sponsoring a community-wide coloring contest to encourage a love of art! This holiday season, express yourself and color the image below, grab a copy from the Gazette lobby at 506 N Main, or print your own copy from https://www.garretsongazette.com/holiday-coloring-contest/.
Everyone is encouraged to enter, as there are contest categories for the following ages: 1-3, 4-8, 8-12, and 12+ (including adults!).
All submissions are due by December 8 so they can be featured at Palisades Art Gallery during Hometown Christmas on December 9. Category winners will win an art supply package worth up to $25. Submissions can be dropped off at the Gazette office or mailed to PO Box 327, Garretson, SD 57030. Please include contact information with the submission (on the back or on a post-it note). For minors please include parent/guardian name and phone or email.
Combine Closed
As of Sunday, November 12, The Combine restaurant, located at 525 N Main, has closed for business.
Owner LeRoy Austin, who owns both The Combine and The Sports Cabin, opted to close the Combine location to focus on the overhaul of the Sports Cabin building. He purchased the Sports Cabin, located at 553 N Main, this past summer. Austin is still working to finalize any plans, as construction estimates have been cost prohibitive.
Austin pointed out that all Combine employees were given the option to move over to the Sports Cabin location, and all but one took him up on that offer.
Demolition Update:
In last week’s issue of the Gazette we reported the city expected the “old steakhouse” building to come down on November 13. This has been moved to next week Monday (tentative).
Spitrock Bowling:
The Splitrock Ladies bowled on November 7th, 2023, with the following results:
High Team Game & Series - JSA Engineers/Land Surveyors - 894 & 2603.
High Individual Game & Series - Ann Behrend - 181 which was 58 pins over her average & 472.
Ann Behrend picked up the 3-10 split.
Cindy Hennings picked up the 3-10 split.
Barb Risty picked up the 3-10 split.
Jan Fonder picked up the 5-7 & 4-7-10 splits.
Photo Guessing Game
Week 3 of our guessing game: This week's student feature from Ms. Irene Croston's collection go farther back into the trunk. Can you identify these five young ladies?
Last week's students were Rita Schleuter DeBoer, Deb Sundem, Kathy Koens, Peggy Olson, and Linda Johnson Bly.
Shopping locally is even more important now than ever before. The last few years have brought home how important shopping with your local merchants are, as they provide services that cannot be found anywhere else.
As they do every year, the Garretson Commercial Club is sponsoring a “Shop Garretson First” prize drawing with the Garretson Food Center. Each participating business has “Shop Garretson First…put your $$ where your Heart is!” punch cards so you can get a punch for every dollar you spend. These punch cards are put into a weekly drawing.
Punch cards have officially begun, and Garretson Food Center’s Ron Luke will draw for winners beginning this weekend and the final winners will be drawn the weekend of Garretson Hometown Christmas on Dec. 9th. All winners will be contacted by phone and announced in this newspaper. (Readers of this newspaper should note that by starting or renewing your subscription in November you’ll be automatically entered into this contest.)
Hometown Christmas will be held December 9. Events include a vendor fair, arts and crafts, a community breakfast, a chili feed, and a parade of lights. All events and registration forms will be found at VisitGarretsonSD.com/hometown-christmas.
Shopping locally during the Christmas season is more important than ever. The National Retail Federation estimates that nearly 20 percent of a business’s sales come during the holiday season. This means the support from holiday shopping will be more critical than ever before for many small businesses.
Almost two-thirds of small businesses have a website, according to the Small Business Administration. As you search for the perfect gifts, intentionally seek options local businesses have for online shopping. If that is not available, you can directly call the business owner. Chances are you or someone you know already has their number.
Several options for small business shopping are available in Garretson, including Garretson Bucks, which can be obtained at First Bank & Trust. Those are available in $5 denominations and can be given as a gift, as they can be used at any Commercial Club member business (businesses are listed on the back of the certificate).
Each winner receives a Commercial Club Gift Certificate for the amount stated below.
WEEK 1 – Drawing on Nov 19th 4 winners / $25 each.
WEEK 2 – Drawing on Nov 26th 4 winners / $25 each.
Oral Interpretation is one of the highest-participating activities in the South Dakota High School Activities Association, with 91 schools competing at the State competition in 2022. This year, Garretson High School had four students compete in Oral Interp under coach Tracy Stallman, with one student qualifying for the State competition to be held on December 1-2 in Harrisburg.
The four GHS students competed in five categories, with Elizabeth Roth competing in Poetry Reading, Gracie Fiegen competing in Non-Original Oratory, Briann Jacobson competing in two categories, Storytelling and Duet Interpretation, and Abby Fetter competing in two categories, Serious Reading and Duet Interpretation.
2023 GHS Oral Interp competitors were Abby Fetter, Gracie Fiegen, Briann Jacobson, and Elizabeth Roth. The four students participated in five categories this past season. //photo submitted
"The girls worked very hard this year," said Stallman.
Region competition was held on Monday in Brookings, and Elizabeth Roth, with her performance of the poem "Dark Daughter," qualified for State competition.
Stallman continued, "I am very proud of all of the participants this year. They all showed tremendous dedication and worked diligently throughout the season."
Class A Poetry Reading is scheduled for Saturday afternoon, December 2, with the session starting at 1:30 p.m.
The Henry G. Fix Post 23 meeting opened on Thursday, November 2nd at 8:02 pm. The meeting was opened by Commander Beth Welch with a salute to the Colors, POW/MIA observance, the Pledge of Allegiance, and Preamble to the American Legion Constitution. Chaplain Meyers offered an opening prayer. 22 members were present.
The minutes of the previous meeting were presented and approved. The finance and social reports were approved. Bills were approved for payment. Service Officer Nancy Grandy reported that sympathy cards were sent to the families of Don Dorsman and Ronald Hayes. A thinking of you card was sent to Joe and Karen Vandersnick on the passing of their brother in law. Nancy informed the group that the VA is offering a free CPR course to those enrolled as caregivers on November 18th.
The membership report was given by Jon Schmidt. He reported that our 2024 goal is 204. For 2024 we currently have a total of 138 members at this point. This puts us at 68% of our goal already! Our December goal from State is 75%.
Bob Bennett reported that the Garretson School with have a Veterans Day program on Friday, November 10th at 2:15 pm. There will be separate seating for Veterans at the program. The school will also welcome Veterans to have lunch with students November 6th through the 10th. The Legislative Officer reported that there will be a Legislative Round Table at the DAV on November 15th.
Our Post Blood Drive turned out great on Friday, October 20th from 11 am to 5 pm. We were able to give 24 pints of blood. The District meeting was held in Tea on October 21st. Emphasis was given to membership and membership initiatives. The County meeting was held in Sioux Falls on October 24th. The increase of dues by Nationals will begin in July 2024 for the 2025 year. A resolution was passed to initiate a 25 cent per member tax on County posts.
Midwest Honor Flight had several Post 23 members on board. They thoroughly enjoyed the trip and encouraged other eligible members to sign up for future flights. The welcome home was described as fantastic. Commander Welch is continuing to work on the Veteran’s Day program for the Legion. Our Post program will take place on Saturday, November 11th with a social hour starting at 6 pm, with the meal at 7 pm. Three Post members will talk on their recent trip with the Honor Flight!
Our next Post meeting will be Thursday, December 7th. The meeting will be at 8 pm with the meal starting at 7:00 pm. The next Post breakfast will be on December 9th with a meal of pancakes to support the Garretson Hometown Christmas.
Commander Welch facilitated a discussion on the impacts of the National American Legion raising its dues in the future by $5. If our Post is going to raise dues it will need to be approved by the April meeting. A motion was made to table any action on dues until the December meeting.
Rob Meyer recently attended the Garretson Commercial Club meeting and told our Post that the Commercial Club will not be doing their usual breakfast for the Hometown Christmas. A motion was made and passed to move our Post breakfast to December 9th to show support for the Garretson Hometown Christmas. It was also noted that the Fire Department will have bingo that evening at the Post.
The monthly raffle drawing for September took place. The 5 winners were: Ron Nelson, Joan Engebretson, Andrew Gilbert, Mark Weinmann, and Amber Coburn. Each will receive $150. Commander Beth Welch closed the meeting with the usual ceremony at 9:05 pm.
I’ll never forget where I was when I learned about the terror attacks on the World Trade Center towers in New York City on Sept. 11, 2001. I was a senior in college, walking to a Tuesday morning journalism class at South Dakota State University. On the way, I stopped by my campus job at the Instructional Technology Center inside Pugsley Hall. I met two of my bosses on the front steps.
“Did you hear about the planes?” one of them asked.
I had not, but when I arrived at the building’s second floor television studios, the scope of the tragedy was immediately evident. At the ITC, we broadcast classes on local access channels and facilitated classes held through the Digital Dakota Network, which connected classrooms at campuses and high schools across the state. But none of those classes were happening. Instead, public broadcasting had commandeered our video systems and showed a steady feed of the towers as they burned.
For my generation, September 11 was the cataclysmic event that became seared in our memories, just like Nov. 22, 1963 was for our parents. Sixty years after the assassination of President John F. Kennedy, memories of that day are as clear as if they’d happened yesterday.
17 August 1962 Trip to Western States: Pierre, South Dakota //"Cecil Stoughton. White House Photographs. John F. Kennedy Presidential Library and Museum, Boston"
Kennedy’s visits to South Dakota were few, and he lost here to Richard Nixon in the 1960 presidential election by a vote of 178,017 to 128,070. But as Paul Higbee writes in the November/December 2023 issue of South Dakota Magazine, South Dakotans were impacted by his life and untimely death.
Bill Walsh was a 22-year-old seminary student from Mitchell who went on to a long career within the South Dakota Democratic Party, largely due to Kennedy and his family. “I do think John Kennedy as well as his brother Bobby inspired a whole generation of people like myself to become more involved politically,” Walsh told us. “It was a big reason why I quit the priesthood. I saw an opportunity to do more good in the political realm than I could in the realm of the church.”
President Kennedy’s finest hour in South Dakota came on Aug. 17, 1962, when he flew to Pierre to dedicate the new Oahe power plant. “The key to this century is power — power on the farm as well as the factory,” Kennedy said that day. George McGovern was present, but he didn’t speak because the dedication program was billed as non-political, and McGovern was running for Senate. Kennedy nonetheless worked McGovern into his remarks, noting his far-sighted vision for agriculture. McGovern won the 1962 Senate race, launching his 18-year Senate career. He anticipated a long association with President Kennedy in Washington; sadly, it lasted less than 11 months.
South Dakotans watched and listened in horror to those faraway reports from Dallas on Nov. 22, 1963, but one South Dakotan was in the middle of the chaos. Dr. Earl Rose, who grew up on a ranch on the Cheyenne River Indian Reservation, had been named medical examiner for Dallas County in June of 1963. He was at Parkland Hospital that day and immediately became embroiled in a controversy. Rose wanted to follow state law by performing an autopsy, while the Secret Service wanted the president’s body taken to Washington.
There are many more stories and connections that you can read about in Paul’s fine article. They may even trigger your own memories, but if you were alive on Nov. 22, 1963, I suspect you don’t need any help remembering.
John Andrews is the editor of South Dakota Magazine, a bi-monthly publication that explores the people and places of our great state. For more information, visit www.southdakotamagazine.com.
PIERRE — Two of the state’s high school basketball coaches will be honored this year with the inaugural Larry Luitjens Coach of Influence Award. The award was approved unanimously Wednesday by the board of directors of the South Dakota High School Activities Association.
Luitjens, the winningest basketball coach in South Dakota history, died in June. His son, Lance, talked to the SDHSAA board about the award which would be presented each year to a coach from girls’ basketball and a coach from boys’ basketball.
“The award represents what he stood for in coaching,” Luitjens said, explaining that the criteria for the award would be based on influence on players and the school, impact in the community, game preparation, motivation and communication.
“The purpose of this award is really to give coaches something to strive for,” Luitjens said. “I see a need in this state for coaches to be recognized not just on wins and losses.”
Nominations for the award could come from players, coaches, parents or community members. Luitjens said he would like the awards presented at a state championship basketball game. The winners would receive a plaque.
Luitjens said he is also working with Native American tribes on a traditional beaded necklace which would also be presented to the winning coaches. He said a similar necklace was often worn by his father when he coached.
Larry Luitjens coached basketball teams to 748 wins over a 45-year career. He won multiple state championships with teams from De Smet and Custer.
Plans to capture carbon dioxide emitted by ethanol plants, ship it via pipelines and store it underground are viewed by some as a way to fight climate change.
The process is one way to keep carbon dioxide out of the atmosphere, where it acts as a heat-trapping greenhouse gas.
But critics say the process known as carbon capture and sequestration could also aid oil production.
In a process called enhanced oil recovery, CO2 can be injected into aging oil wells to make it less thick, help it flow better, and cause the oil to expand toward wells.
Silvia Secchi, an environmental impacts researcher and professor at the University of Iowa, said oil extraction runs contrary to the goals of carbon sequestration, and to the goals of federal tax credits for sequestration projects. Those credits — up to $85 per metric ton of annual sequestered carbon — are supposed to motivate companies to help mitigate climate change.
“These people farm the government,” Secchi said. “They don’t care about climate change.”
That’s a belief shared by the lawyer representing over 1,000 landowners in four states who are opposed to carbon pipeline projects using eminent domain – the power to access private property for public use, provided the owner is given just compensation.
“Their climate change mask is being removed,” said the Omaha-based lawyer, Brian Jorde. “Do you honestly believe the majority of that CO2 will not be used for enhanced oil recovery? This is all the biggest joke on the taxpayer.”
Both of the multi-state carbon pipeline proposals that include South Dakota have had their permit applications rejected by state regulators, due in part to landowner opposition. One company, Navigator C02, has since withdrawn its proposal. The other company, Summit Carbon Solutions, plans to adjust its route and reapply.
Summit plans and possibilities
Summit’s pipeline could permanently store up to 18 million tons of carbon dioxide annually; at $85 per ton, that would equal $1.5 billion per year from the sequestration tax credit. The pipeline would capture carbon dioxide emitted from more than 30 ethanol plants in South Dakota, North Dakota, Minnesota, Iowa and Nebraska and transport it for sequestration in North Dakota.
In August, North Dakota’s Department of Mineral Resources said more CO2 will be needed to sustain oil production in the state for the long term.
However, Summit says its project will not be used for enhanced oil recovery.
“The permits we have filed, which specifies exactly what we are requesting from regulators, note clearly that our project is about the permanent sequestration of CO2,” the company’s website reads. “Additionally, Summit Carbon Solutions’ sequestration site outside of Bismarck, North Dakota, is entirely separate and apart from the Bakken or other areas where enhanced oil recovery is possible.”
Yet project maps show the sequestration area is near the oilfields of western North Dakota.
During a September permit hearing in Iowa, Jimmy Powell, Summit’s chief operations officer, left open the possibility that CO2 transported in the pipeline to North Dakota could be used to extract oil in the future.
“If another carrier decided to use, or ask us to transport CO2 for another purpose, like enhanced oil recovery, then that’s a possibility,” Powell said.
Powell also said the project is “maintaining 10% of the capacity of the pipeline for other shippers.” He said that’s something the project is doing as a “common carrier.”
A common carrier, as defined by federal law, is to be available for hire, at a rate deemed reasonable, by any company that needs to move commodities the pipeline ships. Additionally, the pipeline is to provide service on a non-discriminatory basis.
Being defined as a common carrier is an important designation because it is required for the project to use eminent domain, which Summit needs to complete the project. The company filed eminent domain actions against dozens of landowners earlier this year but withdrew them, at least temporarily, after the company’s permit application was denied. The company says it has voluntary access agreements called easements with nearly 75% of the project’s affected landowners.
Summit is a member of the Renewable Fuels Association. In response to the U.S. Department of Agriculture’s 2020 call for input on increasing agricultural production, the association submitted a letter that addressed ways the renewable fuels industry works to reduce carbon emissions, including carbon capture and sequestration.
“These technologies include using the carbon dioxide emissions to extract other forms of energy from the ground, such as through enhanced oil recovery,” the letter said. It continued, “only a handful of plants are capable of supplying carbon dioxide for enhanced oil recovery efforts given their location with respect to EOR [enhanced oil recovery] activity.”
Summit’s ties to the oil industry include a $250 million project commitment last year from Continental Resources, a petroleum and natural gas exploration and production company.
Jason Hill, a bioenergy professor and researcher at the University of Minnesota, said people should understand that while ethanol producers once had to fight to get their product sold at gas stations against the interests of the oil industry, things have changed since electric vehicles hit the market.
“Petroleum and ethanol now have the same interest, and it’s liquid fuels,” Hill said.
A bridge to electric, or to ethanol
Silvia Secchi said biofuels producers once branded themselves as “a bridge to electric vehicles,” but behind the scenes, the industry has been lobbying to ensure a future for liquid fuels, “making that bridge as long as possible.”
Hill said the destination of the “bridge” has also changed: “What ethanol is, is a bridge to more ethanol.”
Poet, a Sioux Falls-based ethanol producer, said liquid fuels and internal combustion engines will be necessary for the foreseeable future.
“There’s a multitude of opinions around the growth of electric vehicles, but over time the world will need more low-carbon biofuels for sustainable aviation fuel, heavy trucking and other hard-to-decarbonize transportation sectors,” Poet said in a written statement.
Poet was a partner in the Navigator CO2 pipeline project.
During the regulatory hearing in South Dakota on the Navigator proposal, lawyers for that company brought in Michael Harrison, vice president of commercial operations for Valero Renewable Fuels Company. That’s a biofuel subdivision of Valero, a company that operates 15 oil refineries and describes itself as the world’s largest independent refiner.
Harrison explained that electric vehicles are “a much bigger threat than ethanol to us.”
He added that “California is hostile to all liquid fuels.” California, the country’s largest auto market, has approved a plan to phase out new gas cars by 2035. Additionally, the Biden administration has a goal of all newly manufactured light-duty vehicles being electric by 2027 and all vehicles by 2035. And General Motors announced it would phase out gas-powered vehicles by 2035.
Harrison said liquid fuel producers can use carbon capture and sequestration to lower the carbon emissions score of biofuel-blended gas, so it can be sold in places with strict emissions standards – keeping liquid fuels in those markets longer.
“That’s why it’s necessary for us to get the sequestration done, so we can compete on the world market,” he said.
Securing a future for ethanol
Sabrina Zenor, a spokeswoman for Summit, told South Dakota Searchlight during the company’s September hearing with state regulators – which failed to result in a permit – that ethanol could make up for lost demand from electric vehicles with bio-aviation fuel, which could be produced at a proposed Gevo plant in Lake Preston.
The Gevo plant, if constructed, would buy ethanol from regional ethanol plants and use that to create bio-aviation fuel, giving ethanol another market, she explained.
Gevo recently issued a press release saying that without a carbon sequestration pipeline in South Dakota, the company may seek opportunities in states that are more open to those projects.
“Let me be clear, Gevo does not want to leave South Dakota. We have a strong commitment to the state, our investments in Lake Preston, and to the local producers. We are just here to state the facts,” said CEO Patrick Gruber in the release.
The release went on to say carbon sequestration would boost demand for corn, create new jobs, help ensure a future for ethanol, and turn the Midwest into America’s hub for bio-aviation fuel.
During Summit’s September permit hearing, Zenor told South Dakota Searchlight the pipeline project is less about climate change and more about supporting the ethanol industry – a view that was echoed by Summit’s Jimmy Powell during the Iowa hearing.
“The purpose is to help the ethanol plant partners that we have contracted with, to capture their CO2 before it is emitted, transport it to North Dakota and sequester it subsurface, which will allow them to significantly reduce their carbon intensity, which will then give them access to low carbon fuel markets,” Powell said. “Hopefully sustain the livelihood of their businesses and the demand for corn.”
South Dakota Searchlight is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence.
Brian Jorde said most people didn’t think he or his clients had much of a chance to stop a pair of carbon dioxide pipelines after the plans were announced two years ago.
“‘You all are a nuisance. We all know this is getting permitted.’ That has been the attitude of these pipelines since day one, and here we are,” Jorde said.
In September, with Jorde representing more than 1,000 affected landowners, the Public Utilities Commission rejected permit applications from both of the companies proposing carbon pipelines in the state.
Brian Jorde, at right, and Ryan Cwach, attorneys for opponent landowners, participate in a Public Utilities Commission hearing July 25, 2023, in Fort Pierre on the permit application for the proposed Heartland Greenway carbon dioxide pipeline. (Joshua Haiar/South Dakota Searchlight)
Both projects carried multi-billion-dollar price tags. Project backers sought to capture carbon dioxide emissions from ethanol plants in multiple states and transport it in liquefied form to be “sequestered” at an underground storage site. Tax credits are available from the federal government for every metric ton of sequestered carbon dioxide, as an incentive to prevent emissions of the heat-trapping greenhouse gas.
Since the permit hearings, Navigator CO2 has withdrawn its project. Meanwhile, Jorde and some of his clients are preparing for an anticipated reapplication from Summit Carbon Solutions, which has said it plans to alter its proposal.
Jorde said he’ll be ready to leverage his experience with pipeline cases, including his prior work against a crude-oil pipeline.
‘Like ‘The Karate Kid”
Jorde, 47, grew up in Nebraska and had a colorful period of finding himself in early adulthood – living in Australia for a short stint, and later making art and music in Michigan. But in the end, because of a “passion for justice,” Jorde said, “all roads led back to what I knew was my destiny, which was to practice law.”
He passed the Michigan bar exam in 2007 and did some work there, but soon packed up and headed to Omaha where he would join his stepfather’s firm, Domina Law Group.
David Domina immediately handed Jorde “three completely hopeless cases” — civil cases with strong evidence against the clients’ positions.
“I didn’t know I couldn’t win these cases,” Jorde said. “I didn’t know until later that that was all part of his plan.”
That baptism by fire taught Jorde three things, he said: “Get comfortable being uncomfortable, learn to think on your feet and be humble.”
“It’s kind of like ‘The Karate Kid,’” he said, referencing the 1980s movie franchise. And like the dojo operated in the movies by a character named Mr. Miyagi, Jorde added, “Our practice is always on the side of the less capitalized, less wealthy, less connected than our opponents.”
Jorde’s introduction to pipelines came in 2008 when a longtime client’s mother called about the proposed Keystone XL oil pipeline’s attempted use of eminent domain to cross her land. “Eminent domain” refers to the power to access private property for public use, provided the owner is given just compensation.
“She was in tears, and there was this company up there called TransCanada that said if she didn’t sign papers, they’re gonna take her land by eminent domain,” he said.
Jorde says he is far from a pipeline expert — but adds that he doesn’t have to be.
“I’ve learned the art of thinking and strategy,” he said. “The foundation of all this is being able to strategize, think, see around corners, and anticipate what’s coming. If, then, therefore.”
Jorde took her and others on as clients, and the 11-year journey taught him a lot about eminent domain law and pipeline construction. He also learned that while many landowners may oppose a project crossing their land, a lot of those landowners are convinced it’s a hopeless cause.
“We basically had to convince people that it was OK to stand up for themselves,” Jorde said. “Practically speaking, our country is currently by and for the corporations, and anyone who believes it’s by and for the people is misinformed. However, all we can do is chip away and chip away, and exercise our rights.”
The Keystone XL oil pipeline was never built after President Biden revoked a key permit. Jorde said he played a role in that with his clients.
“We outlasted three presidents,” he said. “Every other state had fallen, and the work we did in Nebraska kept the fight alive until the end.”
Jorde thinks that because landowners saw clients like his fight Keystone XL successfully, convincing landowners they could win against the carbon sequestration pipelines was easier.
Ed Fischbach of rural Aberdeen is one of Jorde’s clients in the carbon pipeline cases. Fischbach said the law firm charges all the South Dakota landowners as one group, and the charge is split evenly among the landowners.
“I wouldn’t trust anyone else to do this,” Fischbach said. “The guy has been the greatest thing for South Dakota landowners.”
Jorde said what an individual landowner pays per month varies, from “less than $100 to several hundred depending on the intensity of the effort and the time invested.”
“In group representation, the landowners end up paying pennies on the dollar,” Jorde said. “It’s all for one, and one for all.”
Corralling the herd
The Summit project would span five states: North Dakota, South Dakota, Nebraska, Iowa and Minnesota. Navigator would have spanned South Dakota, Nebraska, Iowa, Minnesota and Illinois.
Representing over 1,000 landowners spread among all of those states except Minnesota and Illinois has kept Jorde busy.
“Yeah, the number of emails saying, ‘I just need five minutes,’” he said. “It adds up.”
The landowners who hired Jorde come from across the political spectrum – from those who want more CO2 in the atmosphere with the hopes of improving crop yields, to those who think climate change is a serious threat to national security.
All of them are focused on the shared goal of not allowing the projects to use eminent domain.
“It’s very simple: Let’s focus on where we agree, and let’s work like hell to get to the finish line together,” Jorde said. “And if we have other things we disagree about, who cares? We don’t have time for distractions.”
Jorde said the arguments he presented in South Dakota during the permit hearings were tailored for the three elected public utilities commissioners who decided whether to grant the permits.
“Those are the only people that matter,” he said.
Jorde said what brought down the Navigator pipeline “wasn’t the money.” The company had partners such as BlackRock, a multi-trillion-dollar global asset management firm.
“It’s that they weren’t as entrenched politically as Summit,” he said.
Summit and Round Two
Summit contracted 14 lobbyists during the last legislative session, including Pierre attorney Brett Koenecke.
“I don’t think Mr. Koenecke and his team have ever been on the end of a losing infrastructure project,” Jorde said.
Koenecke was one of the lawyers representing Keystone XL, which gained a permit in South Dakota before being rejected federally. “And the clients they work for aren’t used to losing either,” Jorde said. “And that combination is the greatest one for me to go against.”
Jorde contrasted himself, saying “I presume the other person is smarter and knows more than I do.”
“Everyone on the other side was so sure because they had the power, they had the politics,” he said.
Some of those political connections are publicly visible. Summit Carbon Solutions was one of five platinum sponsors for Gov. Kristi Noem’s second inauguration in January. After the Public Utilities Commission rejected Summit’s permit application, Senate President Pro Tempore Lee Schoenbeck, R-Watertown, sent texts (which were later publicly revealed) to one of the commissioners criticizing his vote.
“U anti ethanol people need to be out of public office. Bad for South Dakota,” Schoenbeck wrote in one of the messages.
While the projects are backed by billion- and trillion-dollar companies, Jorde said just like Navigator, Summit could collapse if investors become skeptical.
“At the end of the day, their owners are investors, and all they want is a return,” he said. “And when you get investor confidence a little shaky, they’re like, ‘Listen, I can make money elsewhere, I don’t need this.’ That’s when the project starts to unravel.’”
Jorde said his side’s celebration was short-lived.
“We had our congratulations, and that lasted about five minutes,” he said. “And I said, OK, not to be a Debby downer, but here’s what we’re not going to do: lose focus. Because right now, they’re planning a strategy.’”
Jorde told landowners to push counties to enact and enforce setback ordinances that determine how close a carbon sequestration pipeline can be built to existing houses, farms and other features.
Some counties including Minnehaha and Moody already have such ordinances, which public utilities commissioners unanimously decided they will not overrule. That’s despite the pipeline companies having argued the setbacks are unworkable.
Jorde also told landowners to lobby harder in the state Senate, where a bill failed last winter that would have banned eminent domain for carbon pipelines, after passing the House.
“This has really fired up people who thought all this couldn’t happen,” he said. “This participation in our democracy is so critical to keeping this country a country.”
South Dakota Searchlight is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence.
Minutes of the Minnehaha County Commissioners for Nov. 7, 2023
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on November 7, 2023, pursuant to adjournment on October 24, 2023. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, and Karsky. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.
Chair Bender called the meeting to order.
MOTION by Karsky, seconded by Bleyenberg, to approve the agenda. 4 ayes
CONSENT AGENDA
MOTION by Bleyenberg, seconded by Beninga, to approve the consent agenda. By roll call vote: 4 ayes. The consent agenda includes the following items:
Commission Meeting Minutes for October 24, 2023
Joint City of Sioux Falls/Minnehaha County Minutes from October 24, 2023
Bills to be Paid $1,265,124.52
1000BULBS.COM HHS Maintenance $706.62, 3200 RUSSELL LLC Motels $79, 3D SPECIALTIES INC Sign Supply Inventory $3451.23, A&B BUSINESS SOLUT Lease-Rental Agreement $478.03, A&B BUSINESS SOLUT Maintenance Contracts $379.59, A-1 PUMPING & EXCAVA Building Repairs & Maintenance $587.5, AARON GEORGE PROPERT Welfare Rent $700, ACTIVE DATA SYSTEMS Professional Services $7000, ADVANCE AUTO PARTS Motor/Machine/Equipment Repair $44.21, AHRENDT, CYNTHIA J Attorney Fees $2171.1, AIRWAY SERVICE INC Automotive/Small Equipment $146.01, AIRWAY SERVICE INC Gas Oil & Diesel $98.86, ALCOHOL MONITORING S Electronic Monitoring $1000, ALL NATIONS INTERPRE Interpreters $5883.5, AMAZON.COM Automotive/Small Equipment $141.98, AMAZON.COM Books $390.77, AMAZON.COM Child Care Food $24.91, AMAZON.COM Child Care Items $228.56, AMAZON.COM Clinics - Auxiliary Services $50.75, AMAZON.COM Data Processing Equipment $70.14, AMAZON.COM Data Processing Supplies $966.84, AMAZON.COM Furniture & Office Equipment $936.78, AMAZON.COM HHS Maintenance $140.01, AMAZON.COM Homeless Initiatives $46.96, AMAZON.COM Inmate Supplies $69.2, AMAZON.COM Investigators Expenses $86.56, AMAZON.COM Jail Repairs & Maintenance $160.02, AMAZON.COM Janitorial Chemical Supplies $99.96, AMAZON.COM Kitchen/Cleaning Supplies $252.21, AMAZON.COM Miscellaneous Expense $110.94, AMAZON.COM Motor/Machine/Equipment Repair $45.99, AMAZON.COM Office Supplies $2701.58, AMAZON.COM Other Supplies $150.58, AMAZON.COM Photo Supplies $8.52, AMAZON.COM Program Activities $132.4, AMAZON.COM Safety & Rescue Equipment $35.48, AMAZON.COM Small Tools & Shop Supplies $154.14, AMAZON.COM Testing Supplies $227.52, AMAZON.COM Truck Repairs & Maintenance $49.59, AMAZON.COM Uniform Allowance $756.65, AMAZON.COM*G59705E33 Child Care Food $97.41, AMAZON.COM*GX1NL8FW3 Child Care Food $12.53, AMAZON.COM*HX4AR0X53 Child Care Food $15.18, AMAZON.COM*HX4AR0X53 Child Care Items $43.42, AMAZON.COM*T10CA9MT1 Child Care Food $23.16, AMAZON.COM*T10N58081 Photo Equipment $139.99, AMAZON.COM*T11WB3QC0 Office Supplies $99.98, AMAZON.COM*T12DB3KN1 Books $28.49, AMAZON.COM*T12H52HO1 Safety & Rescue Equipment $279.64, AMAZON.COM*T132H2GH0 Child Care Food $52.22, AMAZON.COM*T14XU6ZB0 Child Care Food $16.6, AMAZON.COM*T16PS3B50 Office Supplies $20.08, AMAZON.COM*T17X59SH1 Data Processing Equipment $1889.93, AMAZON.COM*T18EM6SD1 Inmate Supplies $211.86, AMAZON.COM*T18SN4IG0 Child Care Food $13.7, AMAZON.COM*T90QU4DM2 Books $6.99, AMAZON.COM*T91342EG0 Child Care Items $4.53, AMAZON.COM*T91VY18N0 Child Care Food $137.09, AMAZON.COM*T92C595W2 Office Supplies $49.62, AMAZON.COM*T948F7MC1 Other Supplies $159, AMAZON.COM*T94OZ4J72 Office Supplies $16.99, AMAZON.COM*T950Y6X32 Other Supplies $69.69, AMAZON.COM*T96AX2RL2 Books $7.1, AMAZON.COM*T981Z0XK1 Books $28.49, AMAZON.COM*T981Z0XK1 Office Supplies $32.94, AMAZON.COM*T99IG8FF2 Telephone $104.91, AMAZON.COM*TD0XS5NA0 Child Care Food $11.82, AMAZON.COM*TD1CF6ZR0 Office Supplies $62.9, AMAZON.COM*TD1R78LU1 Road Maint & Material $11.66, AMAZON.COM*TD6496ZZ2 Child Care Food $10, AMAZON.COM*TD7RM7LJ2 Child Care Food $14.55, AMAZON.COM*TE27N0B81 Office Supplies $16, AMAZON.COM*TE2NI7FW1 Office Supplies $14.99, AMAZON.COM*TE3ET4171 Other Supplies $109.98, AMAZON.COM*TE3JO8OH0 Office Supplies $106.61, AMAZON.COM*TE7084Q21 Data Processing Equipment $69, AMAZON.COM*TE7DR3DL2 Office Supplies $15.96, AMAZON.COM*TE7DT1Q12 Office Supplies $5.53, AMAZON.COM*TE7JI3UD2 Child Care Items $3.48, AMAZON.COM*TP44Y50C0 Child Care Food $54.15, AMAZON.COM*TP44Y50C0 Child Care Items $20.66, AMAZON.COM*TP44Y50C0 Office Supplies $12.55, AMAZON.COM*TP4XP2CM1 Child Care Uniforms $70.17, AMAZON.COM*TP4ZF4IF2 Child Care Items $52.46, AMAZON.COM*TP6JG2UQ2 Construction Safety $21.62, AMAZON.COM*TP6UK2SH0 Office Supplies $29.98, AMAZON.COM*TP9VV9AW2 Construction Safety $224.9, AMERICAN AIR00144206 Business Travel $30, AMERICINN (FT PIERRE Business Travel $77, AMERICINN OF ABERDEE Business Travel $154, AMZN MKTP US Office Supplies $-90.28, AMZN MKTP US*T10CT48 Office Supplies $68.94, AMZN MKTP US*T12N82S Small Tools & Shop Supplies $18.61, AMZN MKTP US*T91M816 Automotive/Small Equipment $42.3, AMZN MKTP US*T93RX4V Office Supplies $28.79, AMZN MKTP US*T99GF6Q Office Supplies $165.97, AMZN MKTP US*TE2K40H Data Processing Supplies $158, AMZN MKTP US*TE77K0G Office Supplies $146.67, AMZN MKTP US*TP3556K Office Supplies $106.45, ANDERSON, JENNIFER Bd Evaluations (Minnehaha) $4152.4, ANDERSON, LEAH Business Travel $283.03, ANDREW PARROTT MacArthur SJC Grant $1157.48, ARGUS LEADER MEDIA Publishing Fees $2156.49, AUTOBODY SPECIALIST Sign Deposits $50, AVERA MCKENNAN Hospitals $27847.36, AVERA MCKENNAN Other Medical Services $2462.08, AVERA MCKENNAN Professional Services $584.63, AVERA MCKENNAN Psych Evals $3050, AXIS FORENSIC TOXICO Lab Costs $2157, B2B PRIME Memberships $-30.43, BALZER, RICHARD N Program Activities $7371, BANKERS EQUIPMENT SV Furniture & Office Equipment $4568.5, BANKERS EQUIPMENT SV Maintenance Contracts $972, BARGAIN BARN TIRE CT Automotive/Small Equipment $25, BARNETT LEWIS FUNERA Burials $2000, BECHTEL, DAVID Welfare Rent $450, BERENS, LISA Education & Training $54, BEST BUY Small Tools & Shop Supplies $64.95, BEST WESTERN OUTLAW Extradition & Evidence $515.28, BEST WESTERN RAMKOTA Business Travel $-13.98, BEST WESTERN ST CLOU Business Travel $121.64, BIG D #54 Gas Oil & Diesel $74.37, BIG D OIL #19 Gas Oil & Diesel $31.52, BIRMINGHAM & CWACH L Attorney Fees $1122.05, BOB BARKER COMPANY I Inmate Supplies $6600.9, BOB'S LOCK & KEY Parks/Rec Repair & Maintenance $21.81, BOECKHOLT, ANGIE Business Travel $138, BOLDT, BRADLEY D Welfare Rent $350, BRADFELDT, BECKY MacArthur SJC Grant $198, BRADY LIEUWEN MacArthur SJC Grant $1273.76, BRAUN, MASON Investigators Expenses $259.08, BULLIS, MATTHEW Investigators Expenses $48.45, BURGER KING #18059 Extradition & Evidence $9.58, BURLINGTON COAT FACT Juvenile Diversion Restitution $200, BURNS, JASON Investigators Expenses $251.94, BUTLER MACHINERY COM Heavy Equip Repairs & Maint $1700.41, C & R SUPPLY INC Automotive/Small Equipment $156, C & R SUPPLY INC Plumbing & Welding $355.2, C & R SUPPLY INC Truck Repairs & Maintenance $34.84, CADWELL SANFORD DEIB Professional Services $18462.96, CALLYO 2009 CORP Investigators Expenses $2096.64, CARLS JR #888 Extradition & Evidence $5.13, CARS TRUCKS N MORE R Automotive/Small Equipment $1362.97, CASEYS GENERAL STORE Gas Oil & Diesel $28.92, CENEX COFFEE C099048 Gas Oil & Diesel $61.89, CENTURY BUSINESS PRO Lease Interest $153.78, CENTURY BUSINESS PRO Lease Principal $182.76, CENTURY BUSINESS PRO Maintenance Contracts $393.16, CENTURYLINK Data Communications $1357.54, CERTIFIED LANGUAGES Interpreters $47.85, CHAGOLLA, ALBERT Interpreters $125, CHEMDRY OF SIOUX FAL Building Repairs & Maintenance $440, CHEVRON 0306646 Gas Oil & Diesel $29.28, CHRIS IWEN Sign Deposits $50, CHRISTIANSEN, KYM Business Travel $52, CHS INC Gas Oil & Diesel $134.08, CINTAS CORPORATION Janitorial Chemical Supplies $320.86, CINTAS CORPORATION Uniform Allowance $103.95, CITY GLASS & GLAZING Jail Repairs & Maintenance $4257, CKE*HARTFORD STEAK C Business Travel $132.84, CLAIMS ASSOCIATES IN Deductibles $2243.4, CLASSIFIED VERTICALS Publishing Fees $549, CLEAN RIDE AUTO SPA Automotive/Small Equipment $49.99, CODY LOWE Homeland Security $308, COMPUTER FORENSIC RE Professional Services $5890, CONSTELLATION Natural Gas $11458.69, CONTROL INSTALLATION HHS Maintenance $357.14, COOKS CORRECTIONAL Kitchen/Cleaning Supplies $69278.3, CORE & MAIN LP Bldg/Yard Repair & Maintenance $4895.14, CORRECTIONAL MEDICAL Contract Services $317930.4, COSTCO WHOLESALE COR Road Maint & Material $74.97, COUNTRY INN & SUITES Business Travel $1500, COURTS/USDC-SD-PI Clinics - Auxiliary Services $12, COURTYARD BY MARRIOT Business Travel $377.48, CRANBROOK, KATHERYN Professional Services $6625, CURB LV TAXI YCS Business Travel $39.71, D & S RENTAL LLC Welfare Rent $1675, DAKOTA FLUID POWER I Truck Repairs & Maintenance $1360.92, DAKOTA LAW FIRM PROF Attorney Fees $8543.41, DAKOTA LAW FIRM PROF Child Defense Attorney $2418.2, DAKOTA LETTERING ETC Uniform Allowance $60, DAKOTA RIGGERS & TOO Truck Repairs & Maintenance $403.04, DAKOTA SEAL 2 LLC Parking Repairs & Maintenance $23510.25, DAKOTA SUPPLY GROUP Jail Repairs & Maintenance $7.37, DALSIN INC JDC Maintenance $499, DANIELS OLSEN Program Activities $366.98, DECASTRO LAW OFFICE Attorney Fees $6302.3, DEMATTEO LAW FIRM PR Child Defense Attorney $1583.6, DIAMOND MOWERS INC Truck Repairs & Maintenance $21.6, DIESEL MACHINERY INC Automotive/Small Equipment $433.21, DIESEL MACHINERY INC Truck Repairs & Maintenance $504.09, DIVERSIFIED PROPERTY Welfare Rent $500, DNH*GODADDY.COM Professional Services $115.85, DON BONENBERGER Sign Deposits $50, DOUBLETREE HOTELS MacArthur SJC Grant $2347.44, DUKE AERIAL INC Elec Motor, Mach, Shop Equip $31745.59, DUST TEX SERVICE INC Janitorial Chemical Supplies $9.26, EH HOSPITALITY LLC Welfare Rent $800, ELECTION SYSTEMS & S Software/Licensing $4226.25, ELMERS AUTO GLASS IN Miscellaneous Expense $151.8, EUROGRAPHICS INC Store Inventory $424.71, EXXON CC #125 Business Travel $72.65, EXXON CC 120 Gas Oil & Diesel $43.28, EXXON NORTH GET N GO Gas Oil & Diesel $44.8, FACEBK NVMPXTK3L2 Advertising $154.7, FEDEX Postage $27.59, FLANAGAN, STEVEN Attorney Fees $2999.75, FLEET FARM 5500 Bldg/Yard Repair & Maintenance $15.47, FLEET FARM 5500 Motor/Machine/Equipment Repair $251.93, FLEET FARM 5500 Uniform Allowance $119.98, FOX, DANIEL Bd Exp Fees (Yankton) $335.76, FRED THE FIXER INC JDC Maintenance $30, FROEHLICH, ADAM Welfare Rent $1400, GAN*1085ARGUSLEADCIR Office Supplies $26.55, GAN*NEWSPAPERSUBSCRI Subscriptions $48.96, GARFIELD APTS Welfare Rent $1600, GEOTEK ENGINEERING & Outside Repair $679.95, GLOBAL TEL LINK (GT Telephone $7.51, GOEBEL PRINTING INC Printing/Forms $74.57, GOLDEN NUGGET HOTEL Extradition & Evidence $409.96, GOLDEN WEST Telephone $69.95, GORDYS INC Gas Oil & Diesel $54.98, GRAHAM TIRE CO DOWNT Truck Repairs & Maintenance $32.4, GRAHAM TIRE CO NORTH Automotive/Small Equipment $254.24, GRAHAM TIRE CO NORTH Truck Repairs & Maintenance $200.24, GRAINGER Jail Repairs & Maintenance $168.4, GRAINGER Small Tools & Shop Supplies $129.32, GRAYBAR ELECTRIC COM Electrical Repairs & Maint $224.91, GREATER SIOUX FALLS Memberships $764, GUARDIAN Other Supplies $15, GUITAR CENTER #370 Program Activities $89.99, GUNNER, ANDREA Court Reporters $97.75, GUZMAN, SANDRA V Interpreters $540, H2OSE IT CAR WASH Truck Repairs & Maintenance $13, HARMS OIL COMPANY Gas Oil & Diesel $162.47, HAUSERS GRAB N GO Gas Oil & Diesel $53.39, HEARTLAND SERVICES I Building Repairs & Maintenance $318.61, HEIDEPRIEM PURTELL Child Defense Attorney $701.65, HENRY CARLSON CONSTR Construction Costs $9459.11, HERITAGE FUNERAL HOM Burials $3700, HEWLETT PACKARD Data Processing Supplies $172, HOLIDAY STATIONS #38 Gas Oil & Diesel $32.91, HOLIDAY STATIONS 039 Gas Oil & Diesel $47.24, HORIZON APARTMENTS Welfare Rent $4297, HORTONS PIZZA PLUS I Gas Oil & Diesel $18.32, HYVEE ACCOUNTS RECEI Insurance-Other Costs $396, I STATE TRUCK CENTER Truck Repairs & Maintenance $55.88, IAAO Books $250, IAAO Education & Training $635, IAAO Memberships $240, INNOVATIVE OFFICE SO JDC Custodial Supplies $138.99, INNOVATIVE OFFICE SO Office Supplies $139.69, INSTITUTIONS SERVICE Jail Repairs & Maintenance $443.25, INTERSTATE OFFICE PR Kitchen/Cleaning Supplies $258, INTERSTATE OFFICE PR Office Supplies $1604.4, INTREPID NETWORKS LL Professional Services $2025, ISAAC DECKER Sign Deposits $50, ISI LLC Interpreters $500, JCL SOLUTIONS Inmate Supplies $1697.5, JCL SOLUTIONS Kitchen/Cleaning Supplies $2929.3, JEFFERSON PARTNERS L Transportation $710.49, JEO CONSULTING GROUP Architects & Engineers $21535, JOHNSON, KATIE Bd Exp Fees (Minnehaha) $128.4, JOHNSON, KATIE Child Defense Attorney $690.6, KASH LLC Transportation $168.77, KATTERHAGEN, MARK Bd Exp Fees (Yankton) $45, KAUFFMAN, DAVID W PH Psych Evals $5400, KIBBLE EQUIPMENT LLC Truck Repairs & Maintenance $71.12, KNECHT, ANDREW J Attorney Fees $2107.9, KNIFE RIVER Grounds & Parking Repair $440, KOCH HAZARD ARCHITEC HHS $546.25, KOCH HAZARD ARCHITEC Repair/Renovations $1822.9, KRAUSE GENTLE Gas Oil & Diesel $86.77, LA QUINTA MOTOR INNS Homeland Security $565.25, LACEY RENTALS INC Lease-Rental Agreement $75, LANGENFELD, STEPHAN Psych Evals $1600, LANTERN PRESS FAIRE Store Inventory $271.76, LARSON, VALERIE Bd Exp Fees (Yankton) $45, LAUGHLIN LAW LLC Attorney Fees $2041.4, LAUGHLIN LAW LLC Child Defense Attorney $1443, LEWIS DRUGS INC Child Care Food $7.58, LEWIS DRUGS INC Clinics - Auxiliary Services $369.52, LEWIS DRUGS INC Office Supplies $9.99, LEWIS DRUGS INC Pharmacies $476.41, LEWNO LAW OFFICE Bd Exp Fees (Yankton) $186.63, LIGHT AND SIREN Automotive/Small Equipment $593.77, LIGHT AND SIREN Vehicle Equipment $33432.47, LINDA K WHALEN Court Reporters $270.5, LISA CARLSON REPORTI Court Reporters $97.75, LITTLE CAESARS 0431- Child Care Food $83.88, LOAF N JUG #0124 Extradition & Evidence $8.29, LOAF N JUG #0124 Gas Oil & Diesel $23.04, LOCATORS & SUPPLIES Parts Inventory $415.35, LOPEZ, REBECA Court Reporters $75, LOPEZ, REBECA Interpreters $750, LOVE'S #0816 OUTSIDE Gas Oil & Diesel $116.11, LOVES TRAVEL STOPS & Gas Oil & Diesel $117.09, LOVING, PHILIP Bd Evaluations (Minnehaha) $5426.76, LUTHERAN SOCIAL SVCS Evening Report Center $2298.55, LUTHERAN SOCIAL SVCS Interpreters $65, LUTHERAN SOCIAL SVCS Shelter Care/Reception Center $93540.98, LYNN, JACKSON, SHULT Attorney Fees $15674.09, MAC PROS INC. Program Activities $29.9, MAC'S HARDWARE Jail Repairs & Maintenance $25.99, MAC'S SIOUX FALLS, S Bldg/Yard Repair & Maintenance $36.98, MAC'S SIOUX FALLS, S Sign Supply Inventory $4.99, MADDENS ON GULL LAKE Business Travel $447.78, MAILCHIMP Advertising $60, MALLOY ELECTRIC Truck Repairs & Maintenance $77.88, MATHIS, MIKE Business Travel $52, MEDSTAR PARAMEDIC IN Transportation $4000, MENARD INC Bldg/Yard Repair & Maintenance $29.99, MENARD INC Building Repairs & Maintenance $15.47, MENARD INC Grounds & Parking Repair $90.45, MENARD INC JDC Maintenance $216.66, MENARD INC Plumbing & Welding $79.99, MENARD INC Program Activities $402.83, MESA HEIGHTS Welfare Rent $2350, METRO COMMUNICATIONS Clinics - Auxiliary Services $220, MFR-XIX GABLES Welfare Rent $2019.57, MICHAELS STORES 9602 Other Supplies $31.08, MIDAMERICAN ENERGY C Natural Gas $1147.02, MIDCONTINENT COMMUNI Amounts Held For Others $257.78, MIDLAND INC Jail Repairs & Maintenance $547.15, MIDWEST WELLNESS Professional Services $7750, MINNEHAHA CNTY TREAS Automotive/Small Equipment $53.4, MINNEHAHA COMMUNITY Water - Sewer $50, MINNEHAHA COUNTY HIS Store Inventory $144.12, MINNEHAHA PETTY CASH Child Care Items $90, MINNEHAHA PETTY CASH Postage $2.79, MONROE SYSTEMS FOR B Office Supplies $64, MONTIS, LORI K Business Travel $40, MOUNTAIN-PLAINS MUSE Memberships $200, MYERS & BILLION LLP Attorney Fees $1219.8, MYRL & ROYS PAVING I Road Maint & Material $789.66, NAPA AUTO PARTS Parts Inventory $80.64, NATIONAL ASSOCIATION Memberships $130.5, NICHOLSON LAW Attorney Fees $524.3, NORTHEAST INVESTMENT Welfare Rent $3555, NORTHERN TOOL & EQUI Small Equipment Purchases $1499.99, NORTHERN TOOL & EQUI Small Tools & Shop Supplies $279, NOVAK Lease-Rental Agreement $141.31, NYBERGS ACE HARDWARE Grounds & Parking Repair $56, NYBERGS ACE HARDWARE Program Activities $25.16, OFFICE DEPOT INC Office Supplies $2960.35, OFFICE DEPOT INC Other Supplies $234.98, OFFICE DEPOT INC Publishing Fees $31.75, OLSON LAW FIRM PLLC Child Defense Attorney $2412.86, OLSON, DAWN Court Reporters $1494.8, OLSON, MICHAEL Investigators Expenses $75.99, OMAHA HARDWOOD LUMBE Program Activities $2043.64, OREILLY AUTOMOTIVE S Automotive/Small Equipment $129.33, OTC BRANDS INC Program Activities $163.87, PALLUCK, ETHAN Extradition & Evidence $214, PARAGON HEALTH & WEL Blood Withdrawal $4320, PARSONS TRANSPORTATI Truck Repairs & Maintenance $2993.76, PENNINGTON COUNTY Education & Training $4483.38, PH LODGING Business Travel $702.96, PHILLIPS 66 Gas Oil & Diesel $208.16, PHOENIX SUPPLY LLC Child Care Items $48.95, PHOENIX SUPPLY LLC Child Care Uniforms $300.91, PHOENIX SUPPLY LLC Inmate Supplies $1425.44, PHYLLIS G ROGERS LIV Abatement Interest $64.4, PILOT TRAVEL CENTERS Gas Oil & Diesel $86.45, PINE MEADOWS Welfare Utilities $669.15, PIONEER COUNTRY MART Gas Oil & Diesel $41.58, PIONEER ENTERPRISES Burials $6000, PIZZA RANCH - HARTFO Miscellaneous Expense $100, POMPS TIRE SERVICE I Truck Repairs & Maintenance $4184.86, PRICE, THOMAS L Professional Services $4800, QUALIFIED PRESORT SE Postage $149.64, QUALITY WELDING & MF Jail Repairs & Maintenance $1410, QUALSETH, RYAN Investigators Expenses $72.93, RAMKOTA HOTEL Business Travel $937.34, RDO CONSTRUCTION EQU Heavy Equip Repairs & Maint $1310.88, RED WING OF SIOUX FA Uniform Allowance $350, REDBOX *DVD RENTAL Child Care Items $4.25, REDWOOD COURT LTD PA Welfare Rent $899, REEVES, MEGAN Court Reporters $284.2, RENTOKIL NORTH AMERI Professional Services $74.44, RER, LA Interpreters $150, RESOLUTE LAW FIRM IN Attorney Fees $7173.19, RESOLUTE LAW FIRM IN Child Defense Attorney $367.85, RISTY, MAXINE J Court Reporters $85, RIVERSIDE COUNTY SHE Return Of Service $40, RIVERVIEW PARK LTD Welfare Rent $380, ROBERT MASON Extradition & Evidence $214, RUNNING SUPPLY INC Grounds & Parking Repair $502.98, RUNNING SUPPLY INC Small Tools & Shop Supplies $16.14, RUNNING SUPPLY INC Uniform Allowance $109.99, SABOW, JOHN DAVID Professional Services $3000, SAFE HOME LTD PTNRSH Rent Subsidies $11448, SAMS CLUB - MEMBERSH Other Supplies $276.66, SAMS CLUB - MEMBERSH Professional Services $132.56, SANFORD Clinics - Auxiliary Services $34.62, SANFORD Other Medical Services $4165.23, SANFORD CLINIC Lab Costs $152, SANFORD CLINIC Miscellaneous Expense $47.3, SANFORD LEARN CYBERS Education & Training $150, SANITATION PRODUCTS Truck Repairs & Maintenance $130.37, SAWYER POINTE Welfare Rent $500, SCHEELS ALL SPORTS Juvenile Diversion Restitution $65, SCHOENEMAN BROS CO JDC Maintenance $11.99, SCHREURS, ANNA Business Travel $52, SD HUMAN SERVICES CE Clinics - Auxiliary Services $20.6, SD HUMAN SERVICES CE Psych Evals $600, SD PUBLIC ASSURANCE Property & Liability $439.58, SD STATE BAR Amounts Held For Others $500, SD STATE BAR Legal Research $500, SDEMTA DIST II Education & Training $430, SF SPECIALTY HOSPITA Education & Training $70, SHARON CHONTOS Misc Revenue $300, SHELL OIL10007497018 Gas Oil & Diesel $31.19, SHELL OIL10015067019 Gas Oil & Diesel $150.01, SHELL OIL12577500015 Gas Oil & Diesel $32.48, SHERWIN WILLIAMS Building Repairs & Maintenance $247.66, SINCLAIR OIL CORP. Gas Oil & Diesel $68.44, SIOUX EMPIRE SOCIETY Memberships $725, SIOUX FALLS CITY Electricity $13072.28, SIOUX FALLS CITY Water - Sewer $881.98, SIOUX FALLS MINISTRY Welfare Rent $7062, SIOUX VALLEY ENERGY Electricity $372.98, SIOUX VALLEY ENERGY Tea-Ellis Range $88.24, SKECHERS USA INC 102 Uniform Allowance $99.99, SLEEP INN AIRPORT Motels $249.97, SOCIAL SECURITY ADMI Clinics - Auxiliary Services $49, SOUTHEASTERN BEHAVIO Crisis Intervention Program $4939.55, SOUTHEASTERN BEHAVIO Professional Services $3218.75, SOUTHEASTERN ELECTRI Welfare Utilities $135.9, SP MISSOURI STAR QUI Program Activities $160.16, SP SAFARILAND Safety & Rescue Equipment $122.5, SP THE ORNAMENT COMP Store Inventory $472.5, SPEEDWAY EXPRESS #46 Gas Oil & Diesel $30.24, SQ *AMERICAN PUBLIC Education & Training $225, SQ *JIM & RON'S SERV Professional Services $240, SQ *MONITOREDU INC Education & Training $55, SQ *NATIONAL TACTICA Education & Training $35, SQ *NATIONAL TACTICA Homeland Security $633, STALKER RADAR Vehicle Equipment $1170, STATE OF SD SECRETAR Subscriptions $250, STATE OF SOUTH DAKOT Amts Held-Daily Scram $6759, STATE OF SOUTH DAKOT Amts Held-Remote Breath $1383, STATE OF SOUTH DAKOT Architects & Engineers $200, STATE OF SOUTH DAKOT Blood/Chemical Analysis $6910, STATE OF SOUTH DAKOT Building Repairs & Maintenance $68.72, STATE OF SOUTH DAKOT Education & Training $35.88, STATE OF SOUTH DAKOT Miscellaneous Expense $84, STATE OF SOUTH DAKOT Printing/Forms $1357.8, STATE OF SOUTH DAKOT Telephone $558, STOCKWELL ENGINEERS Parking $4595, STOCKWELL ENGINEERS Professional Services $17360, STREICHERS INC Uniform Allowance $357.97, SUBWAY 59470 Extradition & Evidence $17.34, SUMMIT FIRE PROTECTI Coliseum $183.5, SUMMIT FIRE PROTECTI HHS Maintenance $200.5, SUMMIT FOOD SERVICE Board Of Prisoners-Meals $59179.37, SUMMIT FOOD SERVICE Child Care Food $1442.69, SUMMIT FOOD SERVICE Inmate Supplies $529.05, SUMMIT FOOD SERVICE School Lunch Program $3215.43, SURAJ CHHETRI Gas Oil & Diesel $31.63, TACTICAL-EXPRESSIONS Other Supplies $42.18, TANNER FASTENERS & I Jail Repairs & Maintenance $70.57, TCN INC Telephone $52.79, THE EXPERIENCE RENTA Welfare Rent $450, THE HOME DEPOT 4301 Bldg/Yard Repair & Maintenance $56.36, THE HOME DEPOT 4301 Parks/Rec Repair & Maintenance $36.31, THE KEG Jury Fees $186.3, THE LODGE AT DEADWOO Program Activities $355.68, THE WEBSTAURANT STOR Inmate Supplies $86.61, THOMPSON, PAIGE Bd Evaluations (Minnehaha) $400, THOMSON REUTERS - WE Legal Research $3286.85, THOMSON REUTERS - WE Subscriptions $279.72, TIRES TIRES TIRES IN Truck Repairs & Maintenance $31.54, TOMACELLI'S TOO Jury Fees $318.89, TOTALLY BAMBOO FAIRE Store Inventory $390.41, TRADEWINDS ISLAND RE Business Travel $237.3, TRANE Heat, Vent & AC Repairs $390.16, TRI-STATE NURSING Professional Services $3848.5, TRINITY POINT Welfare Rent $700, TRITECH FORENSICS Inmate Supplies $80.4, TRUGREEN LIMITED PAR Professional Services $64.92, TSCHETTER & ADAMS LA Attorney Fees $3875.93, TUSCHEN, MICHAEL E Road Maint & Material $4.99, TUSCHEN, MICHAEL E Truck Repairs & Maintenance $26.01, TWO WAY SOLUTIONS IN Communication Equipment Repair $4639.05, TZADIK HIDDEN HILLS Welfare Rent $485, TZADIK SIOUX FALLS I Welfare Rent $6688.49, TZADIK WOODLAKE Welfare Rent $500, ULINE Kitchen/Cleaning Supplies $205.66, UNION TAXI COOPERATI MacArthur SJC Grant $72.3, UNITED AIRLINES INC Business Travel $630.4, UNITED AIRLINES INC Homeland Security $1288.8, UNITED AIRLINES INC MacArthur SJC Grant $135, UNITED PARCEL SERVIC Postage $44.7, UPS*1Z79Y5W702927965 Archive/Preservation Supplies $34.99, US FOODS INC Other Supplies $37.69, US FOODS INC Professional Services $939.7, US HOTEL ACS VENTURE Business Travel $228.72, US POSTAL SERVICE Postage $1027.9, VB FALLS PARK LIMITE Welfare Rent $800, VERIZON WIRELESS Administrative Charges $46.45, VERIZON WIRELESS Data Processing Equipment $1382.53, VERIZON WIRELESS HIDTA Grant $83.84, VERIZON WIRELESS Tea-Ellis Range $40.01, VERIZON WIRELESS Telephone $5841.56, VITALCHEK NETWORK Education & Training $35, VOGEL MOTORS LLC Automotive/Small Equipment $3, VOGEL MOTORS LLC Gas Oil & Diesel $57, WALGREENS Child Care Food $7.74, WALL LAKE OIL CO Gas Oil & Diesel $26, WALL LAKE SANITARY D Water - Sewer $90, WALMART STORES INC Child Care Food $436.54, WALMART STORES INC Inmate Supplies $70.14, WALMART STORES INC Kitchen/Cleaning Supplies $22.94, WALMART STORES INC Miscellaneous Expense $98.68, WALMART STORES INC Other Supplies $2.84, WALTON, MARCUS Attorney Fees $1074, WEERHEIM LAW OFFICE Bd Exp Fees (Minnehaha) $6056.2, WEERHEIM LAW OFFICE Crisis Intervention Program $395.9, WHETSTONE VALLEY PRE Store Inventory $528, WISWALL ENDODONTICS Clinics - Auxiliary Services $1545.94, WWW MORRISCOOKBOOKS Store Inventory $289.57, XCEL ENERGY Electricity $80247.94, XCEL ENERGY Road Maint & Material $34.17, XCEL ENERGY INC Welfare Utilities $3899.91, YANKTON COUNTY Return Of Service $150, YESWAY 1185 Gas Oil & Diesel $35.37, ZIMRIDE, INC. MacArthur SJC Grant $115.88.
The following reports were received and placed on the file in the Auditor's Office:
Minnehaha County Abandoned Cemetery Board Minutes for September 2023
Mobile Crisis Team Statistics for September 2023
Coroner Report for June 2023
Coroner Report for July 2023
Minnehaha County EMS 2023 Third Quarter Report
October 2023 Building Permit Report
Routine Personnel Actions
New Hires
1. Daniel Breci, variable hour Correctional Office for the Jail, at $22.50/hour effective 10/26/2023.
2. Jacob McDowall, Juvenile Correctional Officer II for the Juvenile Detention Center, at $26.65/hour (16/1) effective 10/30/2023.
3. Kristina Grote, Legal Office Assistant for the State's Attorney's Office, at $19.81/hour (10/1) effective 11/13/2023.
Promotions
1. Jason Koistinen, Senior Deputy Public Defender to Senior Trial Attorney for the Public Defender's Office, at $4,152.00/biweekly (23/6) effective 11/11/2023.
2. Patrick Connors, Deputy Public Defenders to Senior Deputy Public Defender for the Public Defender's Office, at $3,580.00/biweekly (22/4) effective 11/13/2023.
Step Increases
1. Darrell Jonas, Highway Maintenance Team Member for the Highway Department, at $30.15/hour (12/12) effective 11/9/2023.
2. Jennifer Zitterich, Caseworker for Human Services, at $32.47/hour (16/7) effective 10/26/2023.
3. Riley Cowles, Correctional Officer for the Jail, at $25.37/hour (14/2) effective 10/3/2023.
4. Kevin Keegan, Corporal for the Jail, at $34.11/hour (17/7) effective 11/7/2023.
5. Scott Hacking, Corporal for the Jail, at $39.57/hour (17/13) effective 9/21/2023.
6. Richard Dodge, Custodian for the Museum, at $24.74/hour (7/14) effective 10/21/2023.
7. Kyle Vande Weerd, GIS Analyst for the Planning Department, at $32.47/hour (17/5) effective 11/13/2023.
8. Spencer Kommers, Deputy Sheriff for the Sheriff's Office, at $30.90/hour (17/3) effective 11/15/2023.
9. Neville Smith, Deputy Sheriff for the Sheriff's Office, at $37.66/hour (17/11) effective 11/13/2023.
To record significant employee anniversaries for November, 2023: 5 years-Matthew Bullis, Melissa Hopf; 15 years-Shelly Sjovold; 20 years-Matthew Aanenson, Lindsey Butcher, Rebecca Martell, Seamus Walsh; 25 years-Russell Drexler; 40 years-Lisa Berens. The Human Resources Department would also like to recognize Jacqueline Rasmussen, Senior Deputy Public Advocate for the Public Advocate's Office, who celebrated 20 years of service in August of this year.
To record volunteers in County Departments for October, 2023. This list is on file at Human Resources.
Abatement Applications Recommend for Approval by Director of Equalization
Parcel-94550, Habitat for Humanity of Greater SF, 2022 Property Taxes, $162.66
Notices and Requests
Authorize the Auditor to publish a Notice of Hearing on November 28, 2023 for Retail On-Sale Liquor License Application for Safari Bar & Grill, LLC.
ZONING APPEAL
Mason Steffen, Planner, gave a briefing on an appeal of a decision by the Minnehaha County Planning Commission to deny Conditional Use Permit #23-43 to allow a Rubble Dump (Tree Grinding Operation) on the property legally described as the NW1/4 (Ex. R-1 & Ex S1/2 NW1/4 & Ex. E17' W50') Section 35-T101N-R51W. The subject property is located approximately 4 miles west of Sioux Falls, at the intersection of 267th Street & 464th Avenue. The property for this request is to operate a tree grinding operation as a rubble dump site. The conditional use request states that the site would be used to collect trees, tree branches, dimensional lumber, and other non-treated wood from the public in order to grind the wood and move to an off-site location. The conditional use permit appeal was deferred from the September 19 County Commission meeting. The reason for this deferral was to allow the petitioner time to obtain a traffic study, and also to allow the petitioner's other pending conditional use permit to be resolved before final action on this request. At the October 24 County Commission Meeting, this operation was approved at a different location via Conditional Use Permit #23-51. On October 26, the petitioner submitted a withdrawal letter for this conditional use permit. Since the applicant has withdrawn the appeal of this conditional use permit, no action is required by the County Commission and the original decision of the Planning Commission to deny this request stands. Public comment was received from Diane Runge and Dan Brandt.
PUBLIC NUISANCE HEARINGS
Kevin Hoekman, Planner, was present for the scheduled hearing on a complaint on the property legally described as N114' W73' of Peterson Tract 2 in SW1/4 SW1/4 of Section 17-T103N-R50W Lyons Township, a Public Nuisance and Enact SDCL 21-10-06. Mr. Hoekman stated that the property has a history of noncompliance with the nuisance ordinance. A public nuisance has been declared on the property at a minimum of twice as many complaints over the years. Several vehicles have been on the property for many years with licenses updated as needed or converted into historical license plates. During a recent site visit, it was discovered that several of the vehicles have commercial dealership paper tags placed on the windows of the vehicles. Planning staff noted that vehicles are not in operational condition and have been abandoned at the property.
Chair Bender asked for proponents and opponents to speak about the public nuisance complaint. There were no proponents or opponents to speak about the public nuisance complaint.
MOTION by Karsky, seconded by Beninga, to declare the Property Legally Described as N114’ W73’ of Peterson Tract 2 in the SW1/4 SW1/4 of Section 17 T103N-R50W, in Lyons Township, a Public Nuisance and Enact SDCL 21-10-06. By roll call vote: 4 ayes.
Kevin Hoekman, Planner, was present for the scheduled hearing on a complaint on the property legally described as Tract 4 (Ex H-1) West Acres on the SW1/4 of Section 17-T101N-R50W in Wayne Township. A nearby resident brought this property along with a neighboring property to the attention of the Planning Staff. There was action taken to remove nuisance items from the neighboring property while this property remains a non-complaint. Planning staff observed abandoned property displayed in the front yard and abandoned vehicles placed in the rear yard.
Chair Bender asked for proponents and opponents to speak about the public nuisance complaint. There were no proponents or opponents in attendance to speak on the public nuisance complaint.
MOTION by Karsky, seconded by Bleyenberg, to declare Property Legally Described as Tract 4 (EX H-1) West Acres in the SW1/4 of Section 17 T101N-R50W, in Wayne Township, a Public Nuisance and Enact SDCL 21-10-06. By roll call vote: 4 ayes.
ALCOHOL LICENSE
Kym Christiansen, Commission Recorder, was present for a public hearing to consider a transfer of a Retail (On-Off Sale) Malt Beverage & SD Farm Wine License. The application for the transfer for a Retail (On-Off Sale) Malt Beverage and SD Farm Wine License is currently held by Kalvin Olson d/b/a Buffalo Trading Post. The property is legally described as NE1/4 (Ex Tr 1 & H-2) of Olson' Addition, Section 28-Township-104N-Range 52W and located at 24805 457th Ave in Colton. The license will be transferred to Kjellsen Enterprises 3, LLC d/b/a Buffalo Trading Post. The license would allow for the sale of malt beverages and SD Farm Wine at the store, which is located in Minnehaha County. The application was reviewed by the Sheriff's Office, State's Attorney's Office, and Planning & Zoning Department and there were no objections or concerns reported.
Chair Bender asked for proponents and opponents to speak on the topic. There were no proponents or opponents in attendance to speak on the topic.
MOTION by Karsky, seconded by Bleyenberg, to approve a transfer of a Retail (On-Off Sale) Malt Beverage & SD Farm Wine License for Kjellsen Enterprises 3, LLC. By roll call vote: 4 ayes.
RESOLUTION
Upon the request of Tyler Klatt, Assistant Commission Administrative Officer, and Eric Bogue, Chief Civil Deputy State's Attorney, MOTION by Beninga, seconded by Karsky, to authorize the Chairperson to sign a Resolution MC23-33 Authorizing the Commencement of a Civil Action Related to a W.H. Lyon Fair Grounds Taskforce Recommendation. By roll call vote: 4 ayes.
RESOLUTION MINNEHAHA COUNTY 23-33
RESOLUTION AUTHORIZING THE COMMENCEMENT OF A CIVIL ACTION
WHEREAS, in 1938 Winona Axtell Lyon made a gift of certain real estate to Minnehaha County in commemoration of her deceased husband William H. Lyon subject to certain “restrictions and limitations” including, without limitation, that such property was to be “designated as the William H. Lyon Fair Grounds”; and
WHEREAS, in 1940 Winona Axtell Lyon reconveyed the same real property to Minnehaha County which was contained within her 1938 deed to Minnehaha County subject to similar and additional “restrictions and limitations”; and
WHEREAS, in 1942 Winona Axtell Lyon made a further gift of additional real estate to Minnehaha County in commemoration of her deceased husband William H. Lyon as an expansion of the William H. Lyon Fair Grounds and again made this gift subject to additional “restrictions and limitations”; and
WHEREAS, the William H. Lyon Fair Grounds is the site of the Sioux Empire Fair, 4-H Achievement Days, Sioux Empire Livestock Show, sporting events, community events, horse shows and rodeos; and
WHEREAS, 500,000 people attend an event at the Fair Grounds each year; and
WHEREAS, the Minnehaha County Board of Commissioners in an effort to revitalize the W.H. Fair Grounds commissioned the W.H. Lyon Fair Grounds Task Force (“Task Force”) to review and establish goals and recommendations to honor the wishes of Winona Axtell Lyon, recognize the community support for the activities at the Fair Grounds; and improve the Fair Grounds to better meet the evolving needs of the exhibitors, contestants, attendees, and sponsors of all such events both now and in the future; and
WHEREAS, the Task Force recognized that a major hinderance to the operation and development of the Fair Grounds is the deed restrictions and Task Force’s top recommendations were to: determine the cost of either improving the existing property or entertain other potential sites for relocation; clarify the long-term property status; and clarify the deed restrictions so that the County can better understand its options;
WHEREAS, the Board of County Commissioners finds that given the findings and recommendations of the Task Force and the surrounding development and economic pressures of the Fair Grounds in their current location it is in the best interests of Winona Axtell Lyon’s original intent and the County to pursue a legal action to seek judicial clarification and/or removal of “restrictions and limitations” placed on the property by Winona Axtell Lyon at the time of her original gifts;
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Minnehaha County, South Dakota, that the Minnehaha County State’s Attorney is hereby authorized to institute and proceed with an appropriate legal action for such clarification and/or removal.
Dated this 7th day of November, 2023.
Jean Bender, Chair
Minnehaha County Board of Commissioners
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
PRESENTATIONS
Nicki Dvorak, Glory House President, Amber Bartels, Glory House Housing Manager, Chasity Towns, Glory House Compliance Manager, gave a presentation regarding the Glory House that included information regarding the various services that are provided by the Glory House, number of beds that are available to clients, length of stay per client. The presentation went to highlight the compliance monitoring that is provided at the Glory House as well the Glory House Apartments.
Mike Lynch, Forward Sioux Falls Program Director, gave a presentation highlighting the governance structure of Forward Sioux Falls, projects that have been completed by the organization, public/private funding comparison for Forward Sioux Falls, and a five-year plan for the organization. The presentation also went on to highlight the progress made on Foundation park as well as the new business attraction activities and other workforce activities.
Jessica Wells, LifeScape Foundation President, gave a presentation on LifeScape that highlighted the following: the history of LifeScape, the individuals they serve, and their programs and services. The presentation also highlighted the complexity of the children through LifeScape and some of the new activities being completed by the organization.
PLANNING & ZONING NOTICE
Kevin Hoekman, Planner, gave the first reading and requested authorization for the Auditor to publish a Notice of Hearing for Ordinance Text Amendment 23-06 to Amend the 1990 Revised Zoning Ordinance for Minnehaha County for regulation of intermodal shipping/storage containers. MOTION by Karsky, seconded by Beninga, to authorize the Auditor to publish a Notice of Public Hearing at or after 9:00 a.m. on November 28, 2023, to consider an amendment to the 1990 Revised Zoning Ordinance for Minnehaha County. 4 ayes.
AMBULANCE ORDINANCE NOTICE
Jason Gearman, Director of Emergency Management, gave the first reading and requested authorization for the Auditor to publish a notice of public hearing regarding a revision to the Ambulance Ordinance Service Area Map. MOTION by Beninga, seconded by Karsky, to authorize the Auditor to publish a Notice of the Public Hearing at or after 9:00 a.m. on November 28, 2023, to consider the revision to the ambulance ordinance service area map. 4 ayes.
AGREEMENTS
Adam Zishka, Sheriff's Office Captain, presented the FY2024 Joint Security Protection Agreement between Minnehaha County and the South Dakota Department of the Military and Adjutant General. The purpose of the agreement is to provide personnel to perform full-time security operations at the Air National Guard base. The new agreement will consist of a budget of $1,762,408.87 in consideration for security services provided. This budget amount covers all personnel, equipment, training, and administrative charges the county will spend and be reimbursed by the federal government. In the event of a financial shortfall, the South Dakota Air National Guard would request additional money to support the total cost of the contract. MOTION by Beninga, seconded by Bleyenberg, to authorize the Chairperson to sign the Joint Security Protection Agreement with the South Dakota Department of the Military for Services from October 2023 through September 2024 in the amount of $1,762,408.87. By roll call vote: 4 ayes.
Joe Bosman, Sheriff's Office Captain, presented the 2024 Law Enforcement Agreements. The hourly rate will increase from $39.95 in 2023 to $41.95 in 2024. The number of hours per week each community will receive patrol and police services from the Sheriff's Office are as follows: 35 hours in Baltic; 15 hours in Colton; 25 hours in Crooks; 154 hours in Dell Rapids; 43 hours in Garretson; 100 hours in Hartford; 10 hours in Humboldt; and 22 hours in Valley Springs. All of the agreements remain the same in scope of services, which includes patrolling and enforcement of all state statutes and municipal ordinances. MOTION by Karsky, seconded by Bleyenberg, to authorize the Chairperson to sign the 2024 Law Enforcement Services Agreements between Minnehaha County and the cities of Baltic, Colton, Crooks, Dell Rapids, Garretson, Hartford, Humboldt, and Valley Springs. By roll call vote: 4 ayes.
SURPLUS DECLARATION
Upon the request of Steve Groen, Highway Superintendent, MOTION by Beninga, seconded by Bleyenberg, to declare the following vehicles and equipment as surplus: 2010 Ford F-250, 2008 Ford F-250, 1999 JLG 2033 E (Scissor Lift), and a 1998 Kohler 30ROZJ Standby Generator and Transfer Switch and authorize disposal through online auction. By roll call vote: 4 ayes.
SIGNATURE AUTHORIZATION
Upon the request of Steve Groen, Highway Superintendent, MOTION by Karsky, seconded by Bleyenberg, to authorize the Highway Superintendent to allow the Assistant Highway Superintendent to sign plats as needed. 4 ayes.
TAX DEED RESOLUTIONS
Kris Swanson, Treasurer, requested approval of a tax deed restoration resolution for Tax Certificate #09-01050, RDID-34968. Prior to the tax deed sale, the Minnehaha County Treasurer received payment of the delinquent amounts due for the property in the amount of $40,912.94. The payment represents all taxes, assessments, interest, and cost owning on the property and would restore the title of this property to the last owner of record. MOTION by Beninga, seconded by Bleyenberg, to adopt Resolution MC 23-34, Restoring Tax Deed Property Parcel #34968 to the Previous Owner. By roll call vote: 4 ayes.
RESOLUTION MC 23-34
RESOLUTION TO RESTORE TAX DEED PROPERTY PARCEL #34968 TO THE PREVIOUS OWNER
WHEREAS, Minnehaha County obtained title to the following described real property pursuant to a Treasurer’s Tax Deed recorded in the Office of the Minnehaha County on the 28th day of August, 2023, at 8:05 o’clock a.m., in Book 621 of Deeds, Page 702, such property identified as Parcel #34968, located at 1804 South Holly Avenue, Sioux Falls, South Dakota, and legally described as set forth in the Treasurer’s Tax Deed; and
WHEREAS, Edward Hurley is the prior record owner of the above described property; and
WHEREAS, SDCL Ch. 10-25 authorizes the restoration of title to said former record owner upon payment of not less than the total principal, interest and costs represented in the Treasurer’s Tax Deed and any other taxes and interest which are unpaid on the real property; and
WHEREAS, the sum of $_40,912.94_ has been paid to the Minnehaha County Treasurer representing all the principal, interest and costs represented in the Treasurer’s Tax Deed; and
WHEREAS, pursuant to SDCL & 10-25-41 and 10-25-42, the Board of Commissioners is satisfied with the amount paid; now, therefore, be it
RESOLVED, by the Minnehaha County Board of Commissioners, that the above-described real property be restored to Edward B. Hurley, and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed transferring the county’s interest in the property back to Edward B. Hurley upon payment by him of the applicable recording fee.
Dated at Sioux Falls, South Dakota on the 7 day of November, 2023.
MINNEHAHA COUNTY BOARD OF COMMISSIONERS:
Jean Bender
Commission Chair
ATTEST:
Kym Christiansen
Deputy Auditor
Leah Anderson, Auditor, presented the results from the 2023 Tax Deed Auction and requested approval of five related resolutions. Five properties were available for bid during the sale. The results of the auction are as follows: Parcel #37517 received a winning bid of $46,000; Parcel #40074 received a winning bid of $19,000; Parcel #45696 received a winning bid of $14,775, Parcel #35525 received a winning bid of $5,600; and Parcel #83302 received a winning bid of $575. Four of the five properties were successfully auctioned and one property had a successful bidder, but a purchase agreement was not signed. In addition, the Treasurer's Office also acquired three additional properties through the process and two of the properties paid the outstanding taxes and one was removed based on homestead statues. The total encumbrance collected on all properties was $105,691 and future action may be needed to address proceeds collected in excess of encumbrance pursuant to the recent United State Supreme Court decision in Tyler vs. Hennepin County. Public comment was received from Randy Wharton. MOTION by Karsky, seconded by Bleyenberg, to adopt Resolution MC 23-35, Approving the Sale of Tax Deed Property for Parcel 35525; Resolution MC23-36, Approving the Sale of Tax Deed Property for Parcel 37517; Resolution MC23-37, Approving the Sale of Tax Deed Property for Parcel 40074; and Resolution MC23-38, Approving Sale of Tax Deed Property for Parcel 45696. By roll call vote:4 ayes.
RESOLUTION MC 23-35
APPROVING SALE OF TAX DEED PROPERTY FOR PARCEL 35525
WHEREAS, on October 25, 2023, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit: Parcel # 35525, Tax Certificate #11-984, such property legally described as:
Lot Six (6), Block Twenty-one (21), Highland Addition to Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof,
and physically located at 1007 N. Van Eps, Sioux Falls, South Dakota; and
WHEREAS, the highest bid for such property was in the amount of $5,600.00, which high bid was placed by Johnathan Sweets, of 901 South Van Eps Avenue, Sioux Falls, SD 57104, hereafter Buyer; and
WHEREAS, the total amount due and owing to the County by the Buyer for the purchase price including the bid amount referenced above and expenses, not including the buyer’s premium paid separately, equals the sum of $5,630.00; and
WHEREAS, Buyer signed a purchase agreement establishing the terms and conditions of the sale, and has paid the purchase price in full for the parcel; and
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that this sale be approved as set forth above and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed for the property above-described to Johnathan Sweets, and the Minnehaha County Auditor is authorized to abate any remaining outstanding taxes, interest, and penalties levied against the property, if necessary.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
APPROVED BY THE BOARD:
Jean Bender
Chair
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
RESOLUTION MC 23-36
APPROVING SALE OF TAX DEED PROPERTY FOR PARCEL 37517
WHEREAS, on October 25, 2023, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit: Parcel # 37517, Tax Certificate #98-712, such property legally described as:
The East Forty-four feet (E 44’) of the West One Hundred Thirty-two feet (W132’) of Lot 13, Block 6, Johnson's Addition to the City of Sioux Falls, Minnehaha County, South Dakota,
and physically located at 904 East 1st street, Sioux Falls, South Dakota; and
WHEREAS, the highest bid for such property was in the amount of $46,000.00, which high bid was placed by Johnathan Sweets, of 901 South Van Eps Avenue, Sioux Falls, SD 57104, hereafter Buyer; and
WHEREAS, the total amount due and owing to the County by the Buyer for the purchase price including the bid amount referenced above and expenses, not including the buyer’s premium paid separately, equals the sum of $46,030.00; and
WHEREAS, Buyer signed a purchase agreement establishing the terms and conditions of the sale, and has paid the purchase price in full for the parcel; and
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that this sale be approved as set forth above and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed for the property above-described to Johnathan Sweets, and the Minnehaha County Auditor is authorized to abate any remaining outstanding taxes, interest, and penalties levied against the property, if necessary.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
APPROVED BY THE BOARD:
Jean Bender
Chair
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
RESOLUTION MC 23- 37
APPROVING SALE OF TAX DEED PROPERTY FOR PARCEL 40074
WHEREAS, on October 25, 2023, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit: Parcel # 40074, Tax Certificate #12-1640, such property legally described as:
Lots Five (5) and Six (6), Block Sixty-eight (68), Meredith’s Second Addition to Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof.
and physically located at 1103 N. Lincoln Avenue, Sioux Falls, South Dakota; and
WHEREAS, the highest bid for such property was in the amount of $19,000.00, which high bid was placed by Johnathan Sweets, of 901 South Van Eps Avenue, Sioux Falls, SD 57104, hereafter Buyer; and
WHEREAS, the total amount due and owing to the County by the Buyer for the purchase price including the bid amount referenced above and expenses, not including the buyer’s premium paid separately, equals the sum of $19,030.00; and
WHEREAS, Buyer signed a purchase agreement establishing the terms and conditions of the sale, and has paid the purchase price in full for the parcel; and
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that this sale be approved as set forth above and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed for the property above-described to Johnathan Sweets, and the Minnehaha County Auditor is authorized to abate any remaining outstanding taxes, interest, and penalties levied against the property, if necessary.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
APPROVED BY THE BOARD:
Jean Bender
Chair
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
RESOLUTION MC 23- 38
APPROVING SALE OF TAX DEED PROPERTY FOR PARCEL 45696
WHEREAS, on October 25, 2023, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit: Parcel # 45696, Tax Certificate #11-01265, such property legally described as:
Lot 8 in Block 2 of Schiller Park Addition to the City of Sioux Falls, according to the recorded plat thereof;
and physically located at 415 North Walts Avenue, Sioux Falls, South Dakota; and
WHEREAS, the highest bid for such property was in the amount of $14,775.00, which high bid was placed by Dimitrios Tryfonopoulos, of 5 Burnham Street, New South Wales, Belfield, 2191, Australia, hereafter Buyer; and
WHEREAS, the total amount due and owing to the County by the Buyer for the purchase price including the bid amount referenced above and expenses, not including the buyer’s premium paid separately, equals the sum of $14,805.00; and
WHEREAS, Buyer signed a purchase agreement establishing the terms and conditions of the sale, and has paid the purchase price in full for the parcel; and
WHEREAS, Buyer has requested that the County title the property in his LLC, to wit: Pellington, LLC;
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that this sale be approved as set forth above and that the Minnehaha County Treasurer is hereby authorized to issue a Quit Claim Deed for the property above-described to Pellington, LLC, and the Minnehaha County Auditor is authorized to abate any remaining outstanding taxes, interest, and penalties levied against the property, if necessary.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
APPROVED BY THE BOARD:
Jean Bender
Chair
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
MOTION by Karsky, seconded by Beninga, approve Resolution MC 23-39, Rejecting the Bid for Tax Deed Property for Parcel 83302. By roll call vote: 4 ayes.
RESOLUTION MC 23- 39
REJECTING BID FOR TAX DEED PROPERTY FOR PARCEL 83302
WHEREAS, on October 25, 2023, the County Auditor offered for sale at public auction the following described Tax Deed Property pursuant to SDCL Ch. 6-13, to wit: Parcel # 83302, Tax Certificate #17-1051, such property legally described as:
Tract A, Block 1 of Tract 1 of the Grasslands Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof,
and physically located at 2500 N. Bent Grass Ct. Sioux Falls, South Dakota; and
WHEREAS, the high bidder for such property was Randy Wharton, 1505 S. Center Avenue, Sioux Falls, SD 57105, such bid in the amount of $575.00, hereafter Bidder; and
WHEREAS, after the sale concluded, Bidder refused to sign the purchase agreement as required by the Terms and Conditions of the public auction;
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that the bid be rejected for the bidder’s failure to comply with the Terms and Conditions of the auction.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
APPROVED BY THE BOARD:
Jean Bender
Chair
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy Auditor
ELECTION PRECINCT BOUNDARY BRIEFING
Leah Anderson, Auditor, presented a briefing regarding the proposed election precinct boundary changes for 2024. In the fall of 2021, the South Dakota Legislature finalized the new boundaries for the Legislative District changes based on the 2020 Census. There was not sufficient time for the Auditor's Office to make the necessary changes to precinct boundaries related to the Legislative District changes for the 2022 election cycle. For 2022, there were 19 precincts with multiple legislative districts, which caused some confusion at polling locations. In addition, due to the growth in certain areas of the county, some precincts experienced unusually long wait times for voting. The Auditor's Office along with the Planning & Zoning Staff and other municipalities have been reviewing the issues and creating ideas to restructure the precinct boundaries to take effect in 2024. The priorities in changing precinct boundaries are to reduce wait times and minimize the number of precincts with multiple legislative districts. The proposed changes would reduce the number of multiple legislative district precincts from 19 to 3 while increasing the number of precincts from 75 to 81.
ALCOHOL LICENSE COMPLIANCE
Kym Christiansen, Commission Recorder, gave a briefing on a recent alcohol compliance check failure. The Minnehaha County Sheriff's Office conducted a compliance check of 43 alcohol beverage licenses in November 2023. Of the two failing licenses, one of them, Safari Bar and Grill d/b/a Safari Bar and Grill is licensed by Minnehaha County. The Safari Bar and Grill LLC d/b/a Safari Bar and Grill did have a violation on November 16, 2021 and no other violations have been recorded by the Sheriff's Office going back to 2015. A public hearing for the failing license will be required for the next renewal. Additionally, the South Dakota Department of Revenue may impose monetary penalties on the affected license. Josh Phillips, Sheriff's Office Captain, explained how the South Dakota Department of Revenue handles the monetary penalties on the affected license.
ALCOHOL LICENSE
Kym Christiansen, Commission Recorder, presented the liquor and wine license renewal applications for the 2024 licensing year. The applications were reviewed by the State's Attorney's Office, the Sheriff's Office, and the Planning & Zoning Department. There were no violations, objections, or concerns reported. MOTION by Beninga, seconded by Bleyenberg, to approve the following 2024 Liquor and Wine License Applications:
Business Name Legal Description Type of License
Baltic Corner N 440' E 198' NE 1/4 NE 1/4 4-103-49 Retail On-Sale Liquor
Blue Haven Barn Track 3 (ex#1) Krell’s Addition SE ¼ 36-101-51 Wall Lake Township Retail On-Sale Liquor
Bottom's Up S 25' Lot 1 & All of Lot 2 Blk 1 Corson Fauskes Addn 22-102-48 Retail On-Sale Liquor
Monarch Package Store E 12' N 120' Lot 9 & All Lot 10 Mapleton TWP G L Renner Addn Package Off-Sale Liquor
Monarch Lounge E 12’ N120’ Lot 9 & All Lot 10 Mapleton TWP G L Renner Addn Retail On-Sale Liquor
Red Rock Bar & Grill Tract 1B McBeth Addn in the NE1/4 and SE1/4 27-101-48 Retail On-Sale Liquor
River Ridge Golf Club NW1/4 (EX S9.64 AC & EX Part Lying E of RY & EX Part Lying W of H-1 & EX River Ridge Golf Club Addn TR1) 29-103-47 Retail On-Sale Liquor
Sioux Empire Fair W.H. Lyon Fairgrounds, Tracts 1, 2, & 3, WH Lyon Addition to the City of Sioux Falls Retail On-Sale Liquor
The Alibi Lot A of Lots 1, 2, & 3 (EX H-2) Blk Pleasant View Acres N 1/2 SE 1/4 & S 1/2 NE 1/4 19-101-48 Retail On-Sale Liquor
TDC Enterprises LLC Lot A Tract 1, Laurel Ridge Addition, SE 1/4, SE 1/4 Section 23, T102N, R49W, Minnehaha County, SD Retail On-Sale Liquor
Crooks Conservation & Gun Club Inc SW 1/4 SW 1/4 Ex H-2 & W 825' SE 1/4 SW 1/4 18-102-49 Retail On-Off Sale Wine
Wild Water West Waterpark W600', E1400', S790', NE 1/4, S36-T101N-R51W; AND E1/2 NW1/4 SE1/4 & NE1/4 SE1/4 (Ex H-1 & Ex Tr 1 Alvine's Addn) 36-101-51 Retail On-Off Sale Wine
Emerald Pines Barn LLC Lot 4 of Olson's Addition in the W1/2 of the NE1/4 of Section 10, Township 101N, R50W, Minnehaha County, South Dakota Retail On-Off Sale Wine
Wall Lake Oil Co N312' E326.27' (Ex H-2) 21-101-51 Package Off-Sale Liquor
Yogi Bear Campground N1/2 (Ex 2H-1 H-2 & Ex PT NE S of Highway 90 & Ex N 640' W 300' NW1/4 30-102-48 Retail On-Off Sale Wine
Buffalo Trading Post NE 1/4 (Ex Tr 1 & H-2) 28-104-52 Retail On-Sale Liquor
By roll call vote: 4 ayes
HOLIDAY PAY BENEFIT
Tom Greco, Commission Administrative Officer, requested the Commission to consider declaring four hours of holiday pay for benefit eligible employees for December 22, 2023. In 2023, Christmas Day falls on a Monday and with Christmas Eve falling on a Sunday, there is no holiday benefits for County employees for Christmas Eve this year. The State of South Dakota, South Dakota Unified Judicial System, and the City of Sioux falls have declared additional holiday time this year on either December 22nd or December 26th. MOTION by Karsky, seconded by Bleyenberg, to Declare four hours of holiday pay for benefits eligible employees on December 22, 2023 with County offices closing at noon. 4 ayes.
COMMISSIONER LIAISON REPORTS
Commissioner Beninga reported the recent Sioux Falls Development Foundation strategic planning meeting.
MOTION by Karsky, seconded by Bleyenberg, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3), (4), and (6) at 11:05 a.m. 4 ayes.
Chair Bender declared the executive session concluded at 11:40 a.m.
MOTION by Karsky, seconded by Beninga, to adjourn at 11:41 a.m.
The Commission adjourned until 9:00 a.m. on Tuesday, November 21st, 2023.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $655.29 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
Minutes of the Minnehaha County Building Committee
THE MINNEHAHA COUNTY BUILDING COMMITTEE CONVENED AT 8:00 AM on November 7, 2023, pursuant to adjournment on September 26, 2023. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, and Karsky; Facilities Director Kriens, Auditor Anderson, and Commission Administrative Officer Greco. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.
MOTION by Beninga, seconded by Bleyenberg, to approve the meeting minutes from September 26, 2023. 7 ayes.
BUILDING FUND
PROJECT UPDATE
Mark Kriens, Director of Facilities and Construction, provided an update on the various building fund projects along with the status of each project. The various projects range from annual maintenance to potential carryovers to 2024. Some of the completed projects include an office remodel for the Public Defender; new fencing at the Juvenile Detention Center; updates to the Human services elevator power unit; updates to the badge readers in the Administration building; and updates to the glass wall in the Courthouse. Some of the proposed carryovers to 2024 include a roof replacement for both the Coliseum and Emergency Management, as well as at the Fairgrounds EXPO building.
MOTION by Karsky, seconded by Bleyenberg, to adjourn. 7 ayes.
APPROVED BY THE BUILDING COMMITTEE:
Jean Bender
Building Committee Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $18.21 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
Minutes of the City Council of Garretson for Nov. 6, 2023
City of Garretson
November 6th, 2023
The City Council of the City of Garretson, Minnehaha County, South Dakota met in regular session on Monday, November 6th, 2023, at 6:00 p.m. at Garretson American Legion with Mayor Beaner presiding.
6:00 P.M. Mayor Beaner called the regular meeting to order with the Pledge of Allegiance.
ROLL CALL: Greg Beaner – Mayor
Greg Franka – Ward I
William Hoskins – Ward I
Dave Bonte – Ward II
Tom Godbey – Ward II
Jackie Rotert – Ward III
Bruce Brown -- Ward III
OTHERS IN ATTENDANCE: Paetyn Dreckman, Ryan Nussbaum, Jordan Doane, Sonya Swanson, Carrie Mortiz, Terry Johnson, Connie Johnson, Deputy Ricci
CONSENT AGENDA APPROVAL:
A. Agenda – 11-06-2023 Regular Meeting
B. Claims Approved Dated 11-06-2023
C. Minutes Regular Meeting 10-02-2023
Council member Franka made a motion to consent to the calendar agenda, Brown 2nd. 6 ayes, 0 nays. Motion passed.
MONTHLY REPORT OF VOUCHERS PROCESSED
FOR THE NOVEMBER 6TH, 2023, REGULAR MEETING
AFLAC AFLAC PRE-TAX $153.84
SD DEPARTMENT OF REVENUE Sales Tax $927.41
SD RETIREMENT SVCS Retirement $5,709.60
SD DEPT OF LABOR - REEMPLOYMENT Re-employment $351.15
A-OX WELDING SUPPLY CO. Equipment Rental $21.48
JESSE JAMES COUNTRY STORE Fuel $900.02
DON'S AUTO Fleet Parts/Maintenance $75.98
CHS EASTERN FARMERS Parks Maintenance $265.05
A&B BUSINESS EQUIPMENT Printer Contract $124.00
SIOUX FALLS HUMANE SOCIET Animal Control $276.94
STAN HOUSTON EQUIPMENT CO Equipment-Saw $1,800.97
MC&R POOLS, INC Winterizing Pool $961.06
GROEBNER & ASSOCIATES, IN Nat Gas Supplies $163.90
STURDEVANT S AUTO PARTS Maintenance Supplies $248.27
BADGER METER, INC. Utility Meter Services $192.63
DANIELSON, LINDA Cleaning Services $355.00
ALLIANCE COMMUNICATIONS Phone/Internet $603.00
FIRST BANK & TRUST Utility Bill Collection $100.00
DAKOTA SUPPLY GROUP Water Service Parts $124.52
MINNEHAHA COUNTY SHERIFF 4th Quarter Contract $22,332.05
CITY OF CROOKS Dekatherms $88.83
DELTA DENTAL Dental Insurance $1,202.76
VERIZON WIRELESS Phone Lines $776.38
MINNEHAHA COMMUNITY WATER Bulk Water $10,732.68
LACEYS RENTALS Portable Restrooms $1,120.00
XCEL Streetlights $3,741.24
CUTLER LAW FIRM Attorney Fees $3,585.00
PIPELINE ASSOC FOR PUBLIC Membership Dues $715.00
PURCHASE POWER Postage $1,264.56
GARBAGE-N-MORE Waste Removal $415.00
BORDER STATES ELECTRIC Nat Gas Supplies $2,836.78
BRANDON ACE HARDWARE Parks Supplies/Library $164.90
POMPS TIRE SERVICE, INC Fleet Repairs $318.61
MENARDS - EAST Shop Supplies $386.06
GARRETSON GAZETTE Publications $289.35
THE TREASURE CHEST Retail Lease $17.00
HOFER, JR Reimbursement - NG supplies $16.97
RITEWAY BUSINESS FORMS Checks $159.24
TRI-STATE DOOR Garage Door Remote $200.00
INFRASTRUCTURE DESIGN GROUP 5th Street Bridge $2,251.95
PEDERSON, DREW Lifeguard Training Reimbursement $185.00
SCHLEUTER, SAM Lifeguard Training Reimbursement $185.00
ROTERT, MACI Lifeguard Training/Equipment $270.00
PAYROLL CHECKS PAYROLL CHECKS ON 10/06/2023 $10,202.89
PAYROLL CHECKS PAYROLL CHECKS ON 10/20/2023 $10,861.13
PAYROLL CHECKS PAYROLL CHECKS ON 11/02/2023 $17,538.08
CLAIMS TOTAL $191,405.73
GENERAL FUND $106,559.45
THIRD PENNY SALES TAX FUND $3,925.86
SECOND SALES TAX FUND $2,251.95
WATER DEPT FUND $23,501.67
SEWER DEPT FUND $28,527.84
NATURAL GAS FUND $26,638.96
Public Comments: none
Committee Reports
• Natural Gas Reports - Swanson presented gas prices at $.94 per ccf. No discussion. Council member Hoskins motioned to approve Natural Gas prices as presented, Brown 2nd. 6 ayes, 0 nays. Motion passed.
• Finance – Dreckman presented balances for all city finances as well as the acknowledgment of approval from SD Department of Legislative Audit on the 2020-2021 audit.
• Streets/Maintenance – Doane requested to trade current mower with 300 hours as pricing will increase after January 1. Discussion ensued and Dreckman advised council funds in capital outlay with the plan to trade mower every two years to keep value and maintain warranty. Brown motioned to allow the trade-in with a second from Rotert. 6 ayes, 0 nays. Motion passed. Nussbaum advised bidding for 4th and 5th Street project to start after the first of the year. Doane advised council on natural gas pipeline hanging from 5th street bridge in need of sandblasting and painting. In search of someone to perform such work.
• Sidewalks – Godbey reached out to concrete company for quote to place sidewalks south of Dows on Main with no luck. Nussbaum mentioned looking into grants to place sidewalks in a larger area in town. Current grant application not due until July 2024. Dreckman advised funds in capital outlay combined for sidewalks and bike trail and roughly $40,000.00 annually from front footage fees.
• Park – Swanson mentioned a great turn out for truck or treat at Split Rock Park despite the weather.
• Minnehaha County Sheriff – Reports made available for council review. Deputy Ricci available for questions or comments.
Ordinances & Resolutions
• Ordinance 692 – Supplemental Appropriations – 5th Street Bridge Project – Dreckman advised formally requesting permission to supplement funds expended for 5th street bridge restoration costs. First reading, no action taken.
ORDINANCE NO. 692
AN ORDINANCE OF THE CITY OF GARRETSON, SOUTH DAKOTA PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR COMPLETION OF THE 5TH STREET BRIDGE RESTORATION
WHERE AS, the Governing Body of the City of Garretson that the following sum is supplementally appropriated to meet the obligations of the municipality.
GENERAL FUND – 101
41960 Engineering Fund $5,860.00
SPECIAL FUND – 212
4312-425 Highways, Streets, Roadways-Repairs and Maintenance $487,550.00
4196-422 Engineering – Services and Fees $46,900.00
TOTAL APPROPRIATIONS $620,810.00
SOURCE OF REVENUE
212-26501 Second Penny Capital Replacement Fund $620,810.00
THEREFORE LET IT BE ORDAINED that this ordinance is necessary for the immediate preservation of the public health, safety, and general welfare, and for the immediate support of the municipal government and its existing public institutions and it shall take effect upon passage.
Adopted this 6th day of November 2023
Greg Beaner
City of Garretson Mayor
SEAL)
ATTEST:
Paetyn Dreckman
Finance Officer
New Business:
• Terry Johnson Replat – Johnson presented replat of current unplatted parcel along Lacy Avenue and Jacob Circle. Council discussion ensued. Brown motioned to approve the plat with a second from Franka. 6 ayes, 0 nays. Motion passed.
• Apptegy – Dreckman advised council of price change from current website host. Met with Apptegy at SDML and they requested to present to council via Zoom. Dreckman connected Blake Meyer with Apptegy via zoom for presentation. Council discussion ensued as presentation concluded. Council requested Dreckman to reach out to find another company to compare.
• 2024 Liquor License Renewals – Dreckman presented businesses applying for renewals as The Gulch, The Combine 2 (The Sports Cabin), Dollar General, Palisades Oil, Annie’s, Jesse James Country Store. Council discussed and Hoskins motioned to approve with a second from Franka. 6 ayes, 0 nays. Motion passed.
• Gworks updating software from SimpleCity to Enterprise –Dreckman advised accounting and billing software upgrading from desktop application to the cloud, streamlining the process for all financial works within the city. $2000.00 onetime onboarding fee and increase of $4,754.00 annually. Council discussion ensued. Brown motioned to approve software upgrade with a second from Rotert. 6 ayes, 0 nays. Motion passed.
Old Business: nothing to report.
Other Items Brought Before Council: Bonte requesting date for building on Main Avenue to be demolished. Dreckman advised on schedule for November 13th. Bonte requested to move forward with finding lot pins on property under and south of the 5th street bridge along Split Rock Creek for potential clean up and rough camping. Nussbaum stated would reach out to Sayre as they were working on survey details at one point. Franka requested to move meeting time back to 6:30PM and discussion ensued. Council decided it would be best to move back to 6:30PM for meeting start time.
7:04 PM Hoskins made a motion to adjourn. Rotert 2nd. 6 ayes, 0 nays. Motion passed.
Meeting Adjourned.
Greg Beaner, Mayor
ATTEST
Paetyn Dreckman
Finance Officer
(Unapproved)
Published at the total approximate cost of $133.55 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
Minutes of the Town of Sherman for November 7, 2023
The Sherman Town Board met in regular session Tuesday November, 2023 @ 7:30pm
Members Present: Gerry Karpen, Dawn Williams and Cheryl Swenson
Absent: Darrin Trower
Others Present: Dallas Moore
Karpen called the meeting to order.
Routine Business:
Approval of the agenda- Motion by Williams to approve the agenda, 2nd by Karpen-all ayes, motion carried.
Minutes of the October 4, 2023 meeting were read—Williams made a motion to approve the minutes, 2nd by Karpen—all Ayes, motion carried.
The Treasurer’s report was read—Williams made a motion to approve the Treasurers report as read, 2nd by Karpen—all Ayes, motion carried
Claims Approved to be paid:
Minnehaha Community Water $50.00 water, SDPAA $2,405.24 for insurance Garretson Gazette $24.60 for Sept minutes, $21.09 for Oct minutes, Excel Energy $287.37 for street lights, $30.23 for town hall lights, $29.30 for park lights, Jesse James $131.82 for diesel fuel, SDML $462.00 for work comp, Blaine Trower $40.00 for 1x mowing Strom Park, $40.00 for 1x mowing city lot.
Old Business:
1. Kitchen sink and facet—Now have 2 base cabinets, Karpen will look into a sink and counter top.
2. Mike’s alcoholic beverage license—Williams made a motion to approve license, 2nd by Karpen—all ayes, motion carried.
New Business:
1. FEMA Flood Control map—FEMA is in the process of updating map.
2. Humane Society 2024 proposed contract—motion by Williams to accept proposed contract, 2nd by Karpen—all ayes, motion carried.
3. Burn pile- State came out and inspected burn pile and said we were good.
Williams made a motion to adjourn, 2nd by Karpen—all ayes. Next regular meeting will be December 5, 2023 @ 7:30pm. Cheryl Swenson Town Clerk
Published at the total approximate cost of $22.37 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
Minutes of the Garretson School Board Special Meeting for Nov. 6, 2023
SCHOOL BOARD MINUTES
Special Meeting Garretson School District #49-4 6:30 p.m. November 6, 2023
Present: President Shannon Nordstrom, Vice President Andy Hulscher, Board Member Tana Clark, Board Member Wyatt Compton, Board Member Jodi Gloe.
At 6:28 p.m., the Board convened in the main office conference room at the Garretson School District for a special board meeting. All votes are unanimous, unless specifically noted in the minutes.
President Nordstrom led the Pledge of Allegiance and welcomed guests and visitors.
President Nordstrom called for any additions or corrections to the Board agenda. There were no additions or corrections presented.
Action 24-042: Motion by Gloe, second by Hulscher, to approve the agenda as presented. Motion carried.
Action 24-043: Motion by Gloe, second by Compton, to go into executive session, pursuant to SDCL 1-25-2, subsection 1: A Personnel Matter. Motion carried. The Board entered executive session at 6:30 p.m.
President Nordstrom declared the Board out of executive session at 8:36 p.m.
Action 24-044: Motion by Nordstrom, second by Clark, to modify the conclusions and recommendations of the decision makers dated October 2nd, 2023 as it refers to the parental complaint and direct Board attorney Rodney Freeman to prepare appropriate Findings of Fact and Conclusions of Law and Decision that corresponds with the Board recommendations, to be approved by the Board and delivered to both parties. Motion carried.
Action 24-045: Motion by Gloe, second by Hulscher, to adjourn at 8:38 p.m. Motion carried.
Approved by the Garretson Board of Education this _____ day of _________, 2023.
Board President,
Shannon Nordstrom.
Jacob Schweitzer,
Business Manager
Published at the total approximate cost of $21.09 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
NOTICE OF HEARING
Notice is hereby given that at a meeting of the Minnehaha County Planning Commission to be held at 7:00 p.m. on November 27, 2023 in the Commission Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., there will be a public hearing to consider the following:
REZONE from the A-1 Agricultural District to the C Commercial District, property legally described as the W772.8’ N411.9’ S½ Government Lot 2 SW¼ (Ex. H-3) Section 7 T102N-R49W, Minnehaha County, SD.
All interested persons may appear and be heard.
Meeting Assistance: Accommodations for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: October 31, 2023
Published at the total approximate cost of $11.72 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
Notice to Bidders
Structure No.
50-337-130
Replacement
Located 1.7 Miles East of Hwy 105 on 257th Street
Over an Unnamed Tributary of Beaver Creek
Online bids shall be received and accepted via the online electronic bid service through QuestCDN vBid online bidding, or by sealed paper copy by Minnehaha County Auditor’s Office, 415 N Dakota Avenue, Sioux Falls, SD 57104, not later than 10:15 a.m. Wednesday, November 29, 2023. Bids shall be publicly opened and read at the Auditor’s Office at 10:30am.
For this project, bids will be received and accepted via the online electronic bid service through QuestCDN vBid online bidding, or by sealed paper copy. Sealed paper copies to be received by Minnehaha County Auditor’s Office, 415 N Dakota Avenue, Sioux Falls, SD 57104 Bidding information can be downloaded at www.questcdn.com. Reference QuestCDN project number 8825236 for a non-refundable charge of $22.00. Contact QuestCDN Customer Support at 952-233-1632 or for assistance in membership registration, downloading digital project information and vBid online bid submittal. Project bid documents must be downloaded from QuestCDN which will add your company to the Planholder List and allow access to vBid online bidding for the submittal of your bid.
For sealed paper bids, specifications and proposal forms that must be used are also available at Minnehaha County Highway Department located at 2124 E 60th Street North, Sioux Falls, SD 57103. Bids submitted on forms other than the proposal supplied by the Minnehaha County Highway Department will be irregular and will not be considered.
Minnehaha County reserves the right to reject any or all bids, waive technicalities, and make award(s) as deemed to be in the best interest of the County.
Published at the total approximate cost of $23.08 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
NOTICE OF HEARING
Notice is hereby given that on November 28, 2023, at or after 9:00 a.m. the Minnehaha County Board of County Commissioners will conduct will a public hearing on the following amendment to Ordinance MC 31-6-19 an Ordinance for licensing surface ambulance service in Minnehaha County. Such hearing will be part of the scheduled meeting to be held in the Commission Room of the County Administration Building, 415 N Dakota Ave, Sioux Falls, SD.
Revise to Ambulance Service Area Map
All interested persons may appear and be heard.
Meeting Assistance: Accommodation for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: November 7, 2023
Leah Anderson, County Auditor
Published at the total approximate cost of $11.72 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
NOTICE OF HEARING
Notice is hereby given that on November 28, 2023 at or after 9:00 a.m. the Minnehaha County Board of County Commissioners will conduct a public hearing to consider the following amendments to MC16-90, the 1990 Revised Zoning Ordinance for Minnehaha County. Such hearing will be part of the regularly scheduled meeting to be held in the Commission Meeting Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD.
ZONING TEXT AMENDMENTS related to the following:
Article 12.07 – Accessory Building and Uses – to add Intermodal Shipping/Storage Containers as an Allowed Accessory Building with requirements
Article 12.11 – Temporary Use – to add Intermodal Shipping/Storage Containers as an Allowed Temporary Use with requirements
Article 26.02 – Definitions – to add a definition for Intermodal Shipping/Storage Container
All interested persons may appear and be heard.
Meeting Assistance: Accommodations for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: November 7, 2023
Published at the total approximate cost of $15.62 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
NOTICE OF HEARING UPON APPLICATIONS FOR SALE OF ALCOHOLIC BEVERAGES
Notice is hereby given that a hearing will be held in the Minnehaha County Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, South Dakota on November 28, 2023 at 9:00 a.m., to consider a renewal application for the following:
NAME: Safari Bar & Grill, LLC, Safari Bar & Grill, LLC, 25795 475th Ave., Renner, SD 57055.
LEGAL DESCRIPTION: The N 100’ of County Auditor’s, Tract 2 in the SE ¼ of the SE ¼ of Section 9 T102N R49W on the 5th PM, Minnehaha County, SD.
LICENSE TYPE: Retail On-Sale, 2024 License Year.
At which time and place anyone interested may appear to file objections to the granting of the same.
Dated at Sioux Falls, South Dakota, this 7th day of November, 2023.
-Leah Anderson, County Auditor
Published at the total approximate cost of $11.36 and can be viewed for free at www.sdpublicnotices.com. 11-16-23-1tc
