PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota ...temp.rcgov.org/agendas/minutes/council/2005/2005December05.pdf · 2005-12-05 · Airport Manager Mason Short, and Administrative

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

December 5, 2005

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, December 5, 2005 at 7:00 P.M. The following members were present: Mayor Jim Shaw and the following Alderpersons: Mike Schumacher, Karen Olson, Bill Okrepkie, Tom Johnson, Ron Kroeger, Deb Hadcock, Bob Hurlbut, Malcom Chapman and Sam Kooiker. The following Alderpersons arrived during the course of the meeting: None; and the following were absent: Ray Hadley. Staff members present included Finance Officer Jim Preston, Assistant City Attorney Joel Landeen, Growth Management Director Marcia Elkins, Public Works Director Dirk Jablonski, Police Chief Craig Tieszen, Fire Chief Gary Shepherd, Parks & Recreation Director Jerry Cole, Airport Manager Mason Short, and Administrative Assistant Jackie Gerry. APPROVE MINUTES Johnson moved, second by Chapman and carried to approve the minutes of November 21, 2005. ADOPTION OF THE AGENDA The following items were added to the agenda:

• 44.A. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment to install sidewalk, street light conduit and to reduce the pavement width from 40 feet to 27 feet along Carriage Hills Drive (05SV067)

• 178.A. Deer Harvest Discussion, Alderman Okrepkie • 178.B. Sales Tax Subsidy for Wal-Mart, Alderman Hurlbut • 178.C. Marquette Drive roadway conditions, Alderman Kooiker • 178.D. Economic Development Capture Fund, Alderman Kooiker • 178.E. Council Development Committee, Alderman Johnson • 178.F. Approve a No Cost Space Lease Agreement with the Rushmore Plaza Civic

Center, Finance Officer Preston Okrepkie moved, second by Olson and carried to adopt the agenda as amended. AWARDS AND RECOGNITIONS Mayor Shaw recognized Sarah & Robbie Anderson as Citizens of the Month for December, 2005 and commended them on their outstanding service to the community. GENERAL PUBLIC COMMENT

CITY COUNCIL DECEMBER 5, 2005

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Janette McIntyre on behalf of Larry McIntyre addressed the Council on No. CC120505-04, airport management and Board of Directors and read a prepared statement that indicated nonsupport of an Airport Authority. It was also indicated the Airport Board carries out contractual business in executive session, and that there are too many executive sessions. McIntyre indicated a complaint has been filed with the State’s Attorney regarding the open meeting law. Linda Rydstrom, President of Westjet Air Center addressed the Council expressing concern about the limited turnover of board members and suggested that there is unfair treatment of the fixed based operators. Alderman Kooiker extended his appreciation to the Airport Manager Short on his efforts to address the format of the airport minutes and violations of the open meeting law. PUBLIC HEARINGS Schumacher moved, second by Olson and carried to open the public hearing for comment. The Chair recognized Bill Wellman, owner of the Cold Stone Creamery who reported a safety issue with a billboard located in his parking lot. He reported the number of times that a car has backed into the billboard. Wellman indicated that the Lamar Sign Company has agreed to change the structure of the billboard to eliminate this safety issue. He explained that a variance has been approved for this sign and asked the Council to uphold the variance. Doyle Estes, owner of the property indicated that there have been over twenty accidents where people have backed into the sign. He explained that an application was filed for a variance to replace the three I-beam poles with one pole and reduce the size of the sign by sixty percent. He indicated the sign is on property that is on an easement, which was on the property when he purchased the property. He pointed out that the Sign Code Board of Appeals granted the variance on spacing and asked that the Council support the variance granted. Brendan Casey, Epic Outdoor Advertising asked the Council to overturn the decision of the Sign Code Board of Appeals, because it violates the City’s ordinance as written. He indicated that the sign does not meet the DOT ordinance, which takes authority in this area. He explained that this is not simply about reducing the size of the sign and the number of poles, but about a full screen LED. He pointed out that as the sign stands now, it is in violation of the previous footage requirements. Casey explained that a variance can only be grant if the issue relates to a topographical condition, or extraordinary, or exceptional conditions and these were not prevalent in this area. Assistant City Attorney Landeen reminded the members that this appeal only deals with the issue of the spacing requirements under the City sign code. He explained that there is a spacing requirement for off-premise signs, and the reason that Lamar can not currently tear down this sign and build a new sign in that location is because it would violate the City spacing requirement. He pointed out that as far as the other issue, the type of sign they are proposing to build, will have to comply with the sign code. Landeen explained that the Sign Code Board of Appeals found that based on the accidents and the location of the sign that was an exceptional or special condition unique to the premise that justified the variance. Landeen indicated that what is being proposed is not the same as the Civic Center sign. It is a static display that is going to be electronic. Terry Olson and Doug Rumpca, Lamar Advertising reiterated their intent to reduce the number of poles and size of the sign to address a safety issue. Kroeger moved, second by Hurlbut and carried to close the public hearing. The Mayor introduced No. CC120505-03, Notice of Appeal to Council from the requirements of the Rapid City Municipal Code, Chapter 15.28, Sign Code, Epic Outdoor Advertising. Landeen


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advised the Council that they could uphold the variance on the grounds that they find that there are specific conditions on the property, based on the presentation; and that denial of the variance would result in undue hardship for the applicant. Or, if the Council wishes to overturn the variance to find that there were not specific conditions or special conditions existing on the property, that would justify the variance and denial of the variance would not result in undue hardship for the applicant. Kroeger moved, second by Okrepkie to uphold the Variance as recommended by the Sign Code Board of Appeals. Responding to a question from Alderman Hurlbut, Landeen explained that if the variance is approved, Lamar can apply for a sign that would be legal under the sign code. If the Council wants to address the electronic nature of the sign, the Council would have to take some action to declare a moratorium on electronic signs. Substitute motion was made by Hadcock and seconded to grant the variance, but require them to do the same face that was on there before. Landeen advised that this motion is not appropriate because any condition placed on a variance has to be related to the variance itself, which in this case is the spacing issue. The Chair ruled the substitute motion out of order and indicated the Council needed to address the variance and then consider a separate action to deal with the type of sign. Substitute motion was made by Schumacher to continue this item for sixty days to the Legal and Finance Committee. Second by Kooiker. Alderman Okrepkie reminded the members that this is a safety issue. Alderman Hurlbut suggested there is no major threat to the public safety and indicated it may be appropriate to name a task force to review the sign code and volunteered to serve on the committee. Responding to a question from Alderman Chapman, Larmar Advertising indicated they would not consider building the same size paper sign and mount that sign on a single pole. Because they are reducing the size, they need the electronic sign for more than one advertisement in order to generate revenues to justify reducing the size of the sign. Second substitute motion was made by Kooiker to continue this to the next Legal and Finance Committee meeting. Second by Hurlbut. Landeen again reminded the members that the variance is for the spacing. He advised that there is an ordinance prohibiting a variance on more than one issue. Question was called by Okrepkie, there being no objection a roll call vote was taken on the second substitute motion. The motion failed with the following voting AYE: Schumacher and Kooiker; NO: Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, and Chapman. Question was called by Johnson, there being no objection the call was made for a vote on the substitute motion to continue for sixty days. With the consent of the Council, Alderman Schumacher withdrew the substitute motion. Question was called by Okrepkie, there being no objection a roll call vote was taken on the original motion to approve the variance. The motion carried with the following voting AYE: Olson, Okrepkie, Johnson, Kroeger, Hurlbut; and Chapman; NO: Hadcock, Kooiker, and Schumacher. Hurlbut moved, second by Schumacher to convene a task force to look into electronic and LED signs and general sign code related issues. Motion carried.


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The Mayor presented No. PW110105-09, Lease of Land with Community Alternatives of the Black Hills, Inc., Pursuant to SDCL 9-12-5.2 to allow the expansion of a correctional facility on public property. Lori McClure, Assistant Director for Community Alternatives of the Black Hills addressed the Council explaining that they would be upgrading and expanding the facility, but that there would be no increase in the population housed in the facility. At the request of the Mayor, McClure explained they house residents for the Federal Bureau of Prisons, U. S. Probation Office, and State Work Release Prison. Responding to a question from Alderman Kooiker on sex offenders, McClure explained that all the U.S. Probation Office prisoners must register with the Pennington County Sheriff’s Office. Police Chief Tieszen noted he had no objections to expanding or locating this facility in the community. Alderman Johnson noted this facility is not located in a residential area. Responding to a concern from Alderman Johnson, Assistant City Attorney Landeen indicated the agreement is a standard agreement. The term of the lease is a ten-year initial term with three five-year renewals. Each party can object to the renewal of the lease within a certain period of time prior to the expiration of the current term. As there is an error in the electronic link to the Council agenda, Johnson suggested a continuance. Kooiker moved, second by Schumacher to continue this item to the December 19, 2005 Council meeting. Landeen advised that Community Alternatives is depending on a grant to fund their project. Responding to a question from Alderman Okrepkie, McClure explained the changes in the lease, which include the amount of leased land and an increase in the lease amount. McClure indicated the initial delay and the continuance will create a hardship. Substitute motion was made by Hadcock, second by Okrepkie to approve. Second substitute motion was made by Kooiker, and seconded to continue the public hearing No. PW110105-09, Lease of Land with Community Alternatives of the Black Hills, Inc., Pursuant to SDCL 9-12-5.2 to allow the expansion of a correctional facility on public property; and No. PW110105-09 Authorize the Mayor and Finance Officer to sign an agreement with Community Alternatives of the Black Hills, Inc. to the end of the meeting to allow members to review the lease agreement. Upon a roll call vote, motion carried with the following voting AYE: Olson, Okrepkie, Kroeger, Hadcock, Chapman, Kooiker and Schumacher; NO: Johnson. The Mayor presented No. 05CA042, a request by Dream Design International, Inc. for Thomas O'Meara for an Amendment to the Comprehensive Plan to change the Future Land Use designation on a .801 acres parcel from General Commercial to Office Commercial on the southwest corner of that part of Lot D of Lot C of the NE1/4 of the SW1/4, Section 14, T1N, R7E, BHM, lying west of the highway, which is a Steel T-Bar, which is the true point of beginning: Thence; N07º00’00”E, a distance of 240.27 feet, Thence: S80º49’43”E, a distance of 194.54 feet, Thence; S48º11’14”W, a distance of 54.37 feet, Thence; S14º14’34”W, a distance of 176.10 feet, Thence; S89º46’44”W, a distance of 137.49 feet, to the true point of beginning; all located in Lot D of Lot C of the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.801 acres more or less, located at 4080 Tower Road. The following resolution was introduced, read and Hadcock moved its adoption:

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY


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WHEREAS the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS the Rapid City Council held a public hearing on the 5th day of December, 2005 at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Comprehensive Plan of the City of Rapid City would revise the Future Land Use Plan on land legally described as beginning at the southwest corner of that part of Lot D of Lot C of the NE1/4 of the SW1/4, Section 14, T1N, R7E, BHM, lying west of the highway, which is a Steel T-Bar, which is the true point of beginning: Thence; N07º00’00”E, a distance of 240.27 feet, Thence: S80º49’43”E, a distance of 194.54 feet, Thence; S48º11’14”W, a distance of 54.37 feet, Thence; S14º14’34”W, a distance of 176.10 feet, Thence; S89º46’44”W, a distance of 137.49 feet, to the true point of beginning; all located in Lot D of Lot C of the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.801 acres more or less; WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED by the Rapid City Common Council that the Comprehensive Plan of the City of Rapid City be amended to change the Future Land Use designation on legally described as beginning at the southwest corner of that part of Lot D of Lot C of the NE1/4 of the SW1/4, Section 14, T1N, R7E, BHM, lying west of the highway, which is a Steel T-Bar, which is the true point of beginning: Thence; N07º00’00”E, a distance of 240.27 feet, Thence: S80º49’43”E, a distance of 194.54 feet, Thence; S48º11’14”W, a distance of 54.37 feet, Thence; S14º14’34”W, a distance of 176.10 feet, Thence; S89º46’44”W, a distance of 137.49 feet, to the true point of beginning; all located in Lot D of Lot C of the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.801 acres more or less as attached to the original hereof and that such amendment be filed with the City Finance Office Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Olson. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 05CA043, a request by Dream Design International, Inc. for Thomas O'Meara for an Amendment to the Comprehensive Plan to change the future land use designation on a .652 acre parcel from General Agriculture to Office Commercial on the southwest corner of Lot B of the SW1/4, Section 14, T1N, R7E, BHM, less lot H-1, Lot B, which is a concrete highway right-of-way monument, which is the true point of beginning: Thence; N05º30’18”E, a distance of 252.53 feet, Thence; N89º45’39”E, a distance of 127.81 feet,


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Thence; S14º14’34”W, a distance of 289.32 feet, Thence; N70º33’57”W, a distance of 85.74 feet, to the true point of beginning; all located in the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.652 acres more or less., located adjacent to Tower Road and South Dakota Highway 16. The following resolution was introduced, read and Hadcock moved its adoption:

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY

WHEREAS the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS the Rapid City Council held a public hearing on the 5th day of December, 2005 at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed amendment to the Comprehensive Plan of the City of Rapid City would revise the Future Land Use Plan on a Tract of land described as beginning at the southwest corner of Lot B of the SW1/4, Section 14, T1N, R7E, BHM, less lot H-1, Lot B, which is a concrete highway right-of-way monument, which is the true point of beginning: Thence; N05º30’18”E, a distance of 252.53 feet, Thence; N89º45’39”E, a distance of 127.81 feet, Thence; S14º14’34”W, a distance of 289.32 feet, Thence; N70º33’57”W, a distance of 85.74 feet, to the true point of beginning; all located in the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.652 acres more or less; WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED by the Rapid City Common Council that the Comprehensive Plan of the City of Rapid City be amended to change the Future Land Use designation on a Tract of land described as beginning at the southwest corner of Lot B of the SW1/4, Section 14, T1N, R7E, BHM, less lot H-1, Lot B, which is a concrete highway right-of-way monument, which is the true point of beginning: Thence; N05º30’18”E, a distance of 252.53 feet, Thence; N89º45’39”E, a distance of 127.81 feet, Thence; S14º14’34”W, a distance of 289.32 feet, Thence; N70º33’57”W, a distance of 85.74 feet, to the true point of beginning; all located in the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.652 acres more or less as attached to the original hereof and that such amendment be filed with the City Finance Office Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Olson. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted.


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The Mayor presented No. 05SV074, a request by FMG, Inc. for Steele's United, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and to dedicate additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 37A and 37B, and 39A and 39B, Village on the Green No. 2 Subdivision, located in the SW1/4 SE1/4, Section 12, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 37 and 39, Village on the Green No. 2 Subdivision, located in the SW1/4 SE1/4, Section 12, T1S, R7E, BHM, Pennington County, South Dakota, located north and adjacent to Mulligan Mile. Olson moved, second by Hadcock and carried to approve the Variance with the following stipulations: Waive the requirement to dedicate additional Right-of-Way be approved with the following stipulations: 1. A five foot wide access easement shall be provided along Mulligan Mile as it abuts the subject property; and, 2. A note shall be placed on the plat prohibiting “on-street” parking. That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk be approved with the following stipulation: 1. An eight foot wide asphalt walking trail shall be provided along the golf course. The Mayor presented No. 05SV076, a request by D. C. Scott Company for West River Electric Association for a Variance to the Subdivision Regulations to waive the requirement to provide a ten foot wide planting screen easement, to waive the requirement to dedicate additional Right-of-Way and to waive the requirement to provide a minimum eight foot wide drainage and utility easement along all interior lot lines as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Tract 1, Paul Subdivision, and Lot WR and the dedicated Reservoir Road Right-of-Way, formerly Lot A, Tract 1, Paul Subdivision and Lot W of the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision and Lot W of the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at the southwest corner of the intersection of Long View Road and Reservoir Road. Hadcock moved, second by Olson and carried to approve the Variance with the following stipulations: Waive the requirement to provide a ten foot wide planting screen easement; that the Variance to the Subdivision Regulations to waive the requirement to provide a minimum eight foot wide drainage and utility easement along all interior lot lines be approved; and that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along Longview Road be approved. LEGAL & FINANCE COMMITTEE ITEMS Chapman moved, second by Hadcock and carried to continue - Authorize the Mayor and Finance Officer to sign a Collective Bargaining Agreement between the City of Rapid City and AFSCME (General) to the December 19, 2005 Council meeting. Chapman moved, second by Hadcock and carried to continue - Authorize the Mayor and Finance Officer to sign Collective Bargaining Agreement between the City of Rapid City and International Association of Firefighters to the December 19, 2005 Council meeting. Chapman moved, second by Hadcock and carried to continue - Authorize the Mayor and Finance Officer to sign Collective Bargaining Agreement between the City of Rapid City and Fraternal Order of Police to the December 19, 2005 Council meeting. PUBLIC WORKS COMMITTEE ITEMS


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Olson moved, second by Okrepkie to set a date to discuss setting priorities for the $0.16 Sales Tax Revenue Fund. Alderman Kooiker suggested the City needs to establish a policy as requests for this fund are being received; and asked that the discussion be taken up during the January Information Meeting along with the pending requests. Friendly amendment was offered by Kooiker that any pending request for the $0.16 fund be added to the January Information Meeting agenda for discussion. Alderman Johnson indicated his intention to bring forward a recommendation that there be a standing committee of those people who sit on the Infrastructure Development Committee to sit on a $0.16 Fund Committee. Johnson explained that this fund was set to be a revolving fund, to be loaned and repaid. He suggested the best dollar invested, is the one that is returned and used again, and again. He suggested the one time uses for those dollars should come from the utility funds. Public Works Director Jablonski indicated as a point of information, that at the last Information Meeting there was a request for additional information on the various landfill issues that are pending, and it was intended that those issues would also be presented at the January Information Meeting. Upon a vote being taken on the motion as amended, motion carried. The next item is to discuss airport easements, lease agreements, and appropriate minute taking of the Airport Board proceedings. Alderman Kooiker asked what authority the Airport Board has relating to easements and lease agreements. In response to a question from Alderman Kooiker, Growth Management Director Elkins explained that if someone intends to extend public utilities, this requires an 11-6-19 Review that will go through the Planning Commission process. Assistant City Attorney Landeen explained the Airport Board is grant with broad authority to operate, run, and regulate the operations of the Airport. He advised, that it is the opinion of the City Attorney’s Office that the signing of leases and the granting of easements is authorized under the Airport Board’s authority; but that would not exempt them from the 11-6-19 Review requirement. As for the minutes of the Airport Board, Landeen indicated there is nothing in the statutes establishing the Airport Board, or in the ordinance establishing the Airport Board that discusses minutes being required. Clearly the Airport Board is a public body that is required to have open meetings, under the open meeting laws, there is no requirement for minutes in the Open Meeting Chapter. In his opinion, under State law, the Board is not required to take minutes. He indicated that most minutes only require that the item be listed and what action was taken, and it appears the Airport Board does comply. Kooiker moved that the easement and lease agreement on the October 31 special Airport Board meeting, that those items be brought through the Planning process for the 11-6-19 Review. Second by Johnson. In response to a question from Alderman Schumacher, Airport Manager Short indicated the Airport Board does not have Bylaws. Schumacher suggested work begin on preparing Bylaws that would include direction on minute taking. Upon a vote being taken on the motion, motion carried. Schumacher moved, second by Kooiker that the Council asks the Airport Board to create Bylaws that would contain language regarding how minutes are taken. Short indicated that Bylaws that are nearly ninety percent complete for an Airport Authority, and suggested they could be easily used for the Airport Board. Alderman Kooiker indicated he would hope that there would be a favorable finding by the Board to stream their audio to the internet. Upon a vote being taken on the motion, motion carried.


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The Mayor presented No. PW111505-14, to approve the purchase of two (2) 1/2 ton, 4x4 extended cab short box pickup trucks under State Contract No. 14664 with Beck Motors of Pierre, SD for the amount of $21,652 each for a total contract amount of $43,304; which includes additional funding of $1,000 each for flexible fuel compatibility; whereupon Olson moved to approve. Second by Kooiker. Alderman Hurlbut indicated this is the opportunity to compare flexible fuel vehicles with standard gasoline vehicles, and their impact on City budgets. Substitute motion was made by Hurlbut to approve the purchase of one truck as an alternate fuel at a cost of $20,652; and one truck as a standard gasoline at a cost of $21,652, for a total cost of $42,304. Second by Kroeger. Finance Officer Preston in response to a question from Alderman Chapman about the availability of E-85 fuel and the locations within the City, indicated employees will have to travel a distance to get the fuel, the Flying J Truck Stop on I-90 at Exit 61 and Canyon Lake Drive. He explained that under the City’s current fuel contract, there are a number of locations for employees to fuel their City vehicles. Preston reported that the City will look cost breaks for the E-85 fuel. He reported that at the present time the City does not have to pay the federal tax on the regular gasoline. Public Works Director Jablonski suggested that a fair operating comparison is the City purchasing two identical vehicles and operate one on gasoline and the other on E-85 fuel. Substitute motion was made by Okrepkie that the Public Works Department purchase regular cars, not worrying about the alternate fuel. Second by Olson. Alderman Schumacher commented that the City needs to look at operating costs and purchase E-85 flexible fuel vehicles. Question was called by Alderman Hadcock, there being no objection a vote was taken. Motion carried with the following voting AYE: Okrepkie, Kroeger, Hadcock, Hurlbut, Chapman, Olson; NO: Johnson, Kooiker, and Schumacher. The Mayor presented No. PW112905-15, to approve a Resolution Establishing Rates for the Rapid City Aquatics Division (amended plan to split the 12% increases over the next two years). The following resolution was introduced, read and Olson moved its adoption:

RESOLUTION ESTABLISHING RATES FOR THE RAPID CITY AQUATICS DIVISION

Be it resolved by the City of Rapid City that the following rates are established for the Rapid City Aquatics Division, effective January 1, 2006:

2006 2007 Daily Passes

All Pool Horace Mann Pool

All Pool Horace Mann Pool

Adult $ 4.50 $ 3.50 $ 4.50 $ 3.50 Youth (2-17) $ 3.50 $ 2.50 $ 3.50 $ 2.50 Senior (60+) $ 3.00 $ 2.50 $ 3.00 $ 2.50 Group Rate (30+)

$ 3.00 $ 2.50 $ 3.00 $ 2.50

10 Punch Passes

All Pool Pass

Outdoor Pool Pass

All Pool Pass

Outdoor Pool Pass

Adult $37.00 $29.50 $39.00 $31.25 Youth (2-17) $29.00 $23.25 $30.50 $24.50


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Senior (60+) $25.00 $20.00 $26.50 $21.25 Family (4 Passes) $83.50 $70.00 $88.50 $74.25 Additional Family

$10.50 $ 9.75 $11.00 $10.50

20 Punch Passes

All Pool Pass

Outdoor Pool Pass

All Pool Pass

Outdoor Pool Pass

Adult $ 50.25 $40.25 $ 53.00 $42.75 Youth (2-17) $ 39.00 $31.25 $ 41.25 $33.25 Senior (60+) $ 33.50 $26.75 $ 35.50 $28.50 Family (4 Passes) $111.50 $93.00 $117.75 $98.50 Additional Family

$ 19.25 $18.00 $ 20.25 $19.00

Quarterly Passes

All Pool Pass

Outdoor Pool Pass

All Pool Pass

Outdoor Pool Pass

Adult $ 61.75 $ 49.50 $ 65.25 $52.50 Youth (2-17) $ 49.50 $ 39.50 $ 52.25 $42.00 Senior (60+) $ 41.25 $ 33.00 $ 43.75 $35.00 Family (4 Passes) $118.00 $100.00 $125.00 $106.00 Additional Family

$ 21.25 $ 20.00 $ 22.50 $21.25

Yearly Passes

All Pool Pass

All Pool Pass

Adult $209.50 $221.25 Youth (2-17) $156.50 $165.25 Senior (60+) $135.75 $145.25 Family (4 Passes) $391.25 $413.50 Additional Family

$ 39.00 $ 41.50

Water Exercise Passes Daily $ 5.00 $ 5.00 10 Punch $ 42.75 $ 42.75 20 Punch $ 64.25 $ 64.25 Quarterly $120.50 $120.50 Yearly

$267.50 $267.50

Racquetball Passes Daily $ 3.00 $ 3.00 10 Punch $ 27.50 $ 27.50 20 Punch $ 53.00 $ 53.00 Quarterly $112.50 $112.50 Yearly

$250.00 $250.00

Aerobic Passes Daily $ 5.00 $ 5.00 10 Punch $ 42.75 $ 42.75 20 Punch $ 64.25 $ 64.25 Quarterly $120.50 $120.50 Yearly $267.50 $267.50


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Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Okrepkie. Parks and Recreation Director Cole, in response to a question from Alderman Hadcock, explained that his department will slow their expenditures in an attempt to stay within the budget. Alderman Kooiker offered his support of the motion, explaining that while he did not get everything he wanted, it is a compromise. He indicated his concern is for the season pass holder. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. GROWTH MANAGEMENT DEPARTMENT ITEMS The Mayor presented No. 05PL186, a request by Fisk Land Surveying for Harley Taylor for a Layout Plat on Lots 1 through 3, Elysian Heights Subdivision, located in the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Carriage Hills Drive. Growth Management Director Elkins explained that this item comes forward from the Planning Commission with a tie vote and no recommendation. Elkins indicated that in visiting with the applicant there is only one outstanding issue, and that is the stipulation that addresses the forty-unit rule on how many units are allowed to have access from one point. Elkins reported that the applicant is asking to be allowed to build the three additional lots and that would be an exception to allow the additional three lots. Harley Taylor indicated that there are already fifty-one lots developed in the area under consideration with one outlet on Carriage Hills. His request is to grant the additional three lots for a total of fifty-four lots. In response to a question from Alderman Kooiker, Fire Chief Shepherd reported checking with the Water Department, and the hydrant in this area has not been tested. He explained that typically they ask for 1,000 gallons per minute with a 20 psi residual pressure. This works for houses up to 3,600 SF, after 3,600 SF it is treated as a commercial occupancy by code and then it is subject to size vs. water flow. Elkins in response to a request from Hadcock explained that typically that kind of information on the detailed water system is provided at preliminary plat rather than layout plat. She pointed out that one of the stipulations is that the applicant will need to bring forward the detailed information on the water plans. Hadcock moved, second by Kroeger to approve No. 05PL186, a request by Fisk Land Surveying for Harley Taylor for a Layout Plat on Lots 1 through 3, Elysian Heights Subdivision, located in the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Carriage Hills Drive with the following stipulations: 1. Prior to Layout Plat approval by the Planning Commission, a revised Master Plan for the entire property shall be submitted for review and approval. In addition, the Master Plan shall show the extension of Carriage Hills Drive to the south lot line of the subject property or a Comprehensive Plan Amendment to the Major Street Plan relocating and/or eliminating


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Carriage Hills Drive, a minor arterial street, shall be obtained; 2. Upon submittal of a Preliminary Plat application, a grading plan, an erosion and sediment control plan, a drainage plan and geotechnical information shall be submitted for review and approval. In addition, the plat document shall be revised to provide drainage easements as needed; 3. Upon submittal of a Preliminary Plat application, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the plat document shall be revised to show utility easements as needed; 4. Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the extension of water mains shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the plat document shall be revised to show utility easement(s) as needed; 5. Upon submittal of a Preliminary Plat application, road construction plans for Carriage Hills Drive shall be submitted for review and approval. In particular, the road construction plans shall show Carriage Hills Drive located in a minimum 100 foot wide right-of-way and constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer. In addition, the construction plans shall identify the construction of a temporary turnaround at the end of the cul-de-sac or a Variance to the Subdivision Regulations shall be obtained; 6. An Exception to allow 54 dwelling units in lieu of 40 dwelling units with one point of access is hereby granted; 7. Prior to Preliminary Plat approval by the City Council, the property shall be annexed into the City limits; 8. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; and, 9. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid. Motion carried. Hurlbut moved, second by Okrepkie and carried to consider agenda items #44 and #44.A. The Mayor presented No. 05SV067, a request by Fisk Land Surveying for Harley Taylor for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, street light conduit and sewer, to reduce the pavement width from 40 feet to 27 feet and to waive the requirement to dedicate additional right-of-way along Carriage Hills Drive as per Chapter 16.16 of the Rapid City Municipal Code. on Lots 1 through 3, Elysian Heights Subdivision, located in the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the E1/2 SW1/4, Section 21, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Carriage Hills Drive. Growth Management Director Elkins reported the applicant is in agreement with the stipulations with the exception of the sewer extension; and indicated the appropriate action may be to deny without prejudice. Elkins suggested the applicant bring forward engineering information that would indicate the depth of the sewer. Harley Taylor, Rapid City indicated his desire is to extend Carriage Hills Drive approximately 150 feet and construct a cul-de-sac at the end of the extension. He indicated the problem is the extension of the sewer from an area where the present Carriage Hills Drive ends. He also indicated, that because of the terrain, it is going to be necessary to trench twenty-five to twenty-six feet and back down the hill for some distance and this will be an additional costs. He pointed out that he will not benefit from the extension of the sewer main. He asked that he be allowed to bring the sewer and the water within reason. Alderman Hadcock indicated her willingness to approve the waiver of right to protest on the sidewalk; and explained that it is a requirement of all developers to construct the 150 feet. She suggested the common sense approach is to construct the sewer and water rather than after the


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street has been constructed. Hadcock explained that if there are over sizing costs associated with the sewer extension project, the City may be willing to participate in those costs. Hadcock moved, second by Olson to authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment to install sidewalk; and to deny the Variance to the Subdivision Regulations without prejudice. In response to a question from Alderman Chapman, Elkins indicated utility rate payers or tax payers would be responsible for the extension of the sewer, if the developer did not construct the extension of this utility. Responding to a question from Alderman Chapman, Taylor indicated his concern with the cost of an engineering study to determine the dept and cost of extending the sewer line. He also indicated that he may not go through with the development of the lots, because it depends on the sale of the lots. Alderman Okrepkie, with the aid of an overhead, pointed out the configuration of the lots and the existing sewer main between Lots 1 and 2, and questioned whether the applicant could connect to this main. Okrepkie suggested that connection could serve Lots 1, 2 and 3. Responded to a question from Alderman Okrepkie about putting the cul-de-sac on the property line to allow the extension of the sewer line to the property line, Elkins explained that the applicant is required to extend the street adjacent to that portion of lots that are being provided. Elkins explained that staff proposed to the applicant, that he consider eliminating that cul-de-sac to save the cost. Essentially having some flagpole lots that came out and would have that frontage and putting in a wide turn around that is required by the Fire Department. Responding to a question from Alderman Kroeger, Elkins indicated the City may legally consider a waiver of right to protest a future assessed sewer project for the three lots; but the project costs would likely be assessed to only one property and that would be Lot 1. She indicated this would certainly raise a fairness issue. Elkins pointed out that the more important issue is that if this sewer is not installed at the right depth, it limits the number of houses to the north that would be able to use that gravity feed sewer. She also pointed out that in the past fifteen years there have been a number of septic systems in the Carriage Hills area that have failed. Substitute motion was made by Olson, second by Chapman to continue this item for further discussion at the next Public Works meeting. Elkins indicated that this is a formal public hearing item and should discussed before the Council Hadcock pointed out the motion on the floor is to approve the Waiver of Right to Protest and denied the Variance without prejudice. With the consent of the Council, Alderman Olson withdrew the substitute motion Upon a vote being taken on the motion, motion carried. Hadcock moved, second by Olson and carried to Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment to install sidewalk, street light conduit and to reduce the pavement width from 40 feet to 27 feet along Carriage Hills Drive. (05SV067) ORDINANCES & RESOLUTIONS Ordinance No. 5119 (No. LF113005-18), Making the Decisions of the Development Appeals and Review Board Final Unless Appealed When Hearing Appeals from the International Building Code by Amending Section 15.12.590 of the Rapid City Municipal Code was introduced. Upon a motion made by Chapman, second by Hadcock, Ordinance No. 5119 was placed upon its first reading and the title was fully and distinctly read, and second reading set for Monday, December 19, 2005. Assistant City Attorney Landeen explained that this ordinance amendment alters the authority of the Development Appeals Review Board (DARB), solely as it relates to the International Hearing Appeals from the International Building Code. The DARB, when hearing


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appeals from the International Building Code, will have the final determination unless those issues are appealed to the City Council. The ordinance as drafted, either the applicant or the City can appeal those decisions. He explained the basis for including the City in being able to appeal, is just recent history. He reminded the Council that they overturned decisions that the DARB Board made related to issues of the building code. Landeen indicated that prior to second reading of the ordinance, amendments could be drafted. Alderman Johnson commented that this is somewhat of a confusing subject, because the DARB sits as a recommending body and an appeals board; and recommended the committee be known as Board of Appeals and offered support for the Board having final action on an appeal. Substitute motion was made by Hadley, second by Olson to approve first reading and request the City Attorney’s Office to bring forward an alternate version removing the appeals process. Second substitute motion was made by Okrepkie, second by Johnson, Ordinance No. 5119 was placed upon its first reading and the title was fully and distinctly read, and second reading set for Monday, December 19, 2005; with a request to bring forward for second reading, the ordinance removing the appeals process. Upon a vote being taken on the second substitute motion, motion carried. Ordinance No. 5103 (No. LF111605-10), Repealing Chapter 15.26 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.26 of the Rapid City Municipal Code Entitled Mechanical Code having passed first reading on November 21, 2005; it was moved by Chapman, second by Okrepkie that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5103 was declared duly passed upon its second reading. Ordinance No. 5104 (No. LF111605-11), Creating Chapter 15.22 of the Rapid City Municipal Code Entitled International Fuel Gas Code having passed first reading on November 21, 2005; it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5104 was declared duly passed upon its second reading. Ordinance No. 5112 (No. LF111605-07), Prohibiting the Use of Dynamic Brake Devices within the City of Rapid City by Adding Section 10.20.120 to Chapter 10.20 of the Rapid City Municipal Code having passed first reading on November 21, 2005; it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5112 was declared duly passed upon its second reading. Ordinance No. 5113 (No. LF111605-08), Modifying Wastewater Pollutant Local Limits by Amending Section 13.08.240 of the Rapid City Municipal Code having passed first reading on November 21, 2005; it was moved by Chapman, second by Johnson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5113 was declared duly passed upon its second reading. Ordinance No. 5114 (No. 05OA010), Amending Section 17.50.040 (B.2) of the Rapid City Municipal Code to Change the Maximum Density of Townhouse Dwelling Units Permitted as a Conditional Use from 3,500 Square Feet Per Dwelling Unit to 2,250 Square Feet Per Dwelling


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Unit having passed first reading on November 21, 2005; it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5114 was declared duly passed upon its second reading. The Mayor announced the meeting was open for hearing on No. 05RZ057, second reading of Ordinance No. 5115, a request by City of Rapid City for a Rezoning from Low Density Residential District to Low Density Residential II District on the unplatted portion of the E1/2 SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of South Valley Drive and Willowbend Road. Notice of hearing was published in the Rapid City Journal on November 26, 2005 and December 3, 2005. Ordinance No. 5115 have had the first reading on November 21, 2005, it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5115 the second time. The Mayor announced the meeting was open for hearing on No. 05RZ058, second reading of Ordinance No. 5116, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on the NE1/4 SE1/4 of Section 29, T1N, R7E, BHM being more particularly described as follows: Beginning at the East ¼ corner of said Section 29 being the true point of beginning; thence S00º18'07"E 38.41 feet; thence N89º59'26"W 704.61 feet; thence along a curve to the left having a radius of 462.00 feet, a central angle of 34º54'46" and a arc distance of 281.52 feet and a chord bearing and distance of S72º33’11” W 277.18 feet; thence along a curve to the right having a radius of 338.00 feet, a central angle of 23º20'37" 137.71 and arc distance of 137.71 and a chord bearing and distance of S66º46’06”W 136.76 feet; thence S78º26'24"W 227.39 feet; thence N00º18'05"W 220.36 feet to the center east 1/16 corner; thence N89º58'35"E 1318.44 feet; to the Point of Beginning; containing 2.47 acres more or less., located adjacent to Portrush Road between Muirfield Drive and Dunsmore Road. Notice of hearing was published in the Rapid City Journal on November 26, 2005 and December 3, 2005. Ordinance No. 5116 have had the first reading on November 21, 2005, it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5116 the second time. The Mayor announced the meeting was open for hearing on No. 05RZ059, second reading of Ordinance No. 5117, a request by Dream Design International, Inc. for Thomas O'Meara for a Rezoning from General Commercial District to Office Commercial District on the southwest corner of that part of Lot D of Lot C of the NE1/4 of the SW1/4, Section 14, T1N, R7E, BHM, lying west of the highway, which is a Steel T-Bar, which is the true point of beginning: Thence; N07º00’00”E, a distance of 240.27 feet, Thence: S80º49’43”E, a distance of 194.54 feet, Thence; S48º11’14”W, a distance of 54.37 feet, Thence; S14º14’34”W, a distance of 176.10 feet, Thence; S89º46’44”W, a distance of 137.49 feet, to the true point of beginning; all located in the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.801 acres more or less, located at 4080 Tower Road. Notice of hearing was published in the Rapid City Journal on November 26, 2005 and December 3, 2005. Ordinance No. 5117 have had the first reading on November 21, 2005, it was moved by


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Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5117 the second time. The Mayor announced the meeting was open for hearing on No. 05RZ060, second reading of Ordinance No. 5118, a request by Dream Design International, Inc. for Thomas O'Meara for a Rezoning from General Agriculture District to Office Commercial District on the southwest corner of Lot B of the SW1/4, Section 14, T1N, R7E, BHM, less lot H-1, Lot B, which is a concrete highway right-of-way monument, which is the true point of beginning: Thence; N05º30’18”E, a distance of 252.53 feet, Thence; N89º45’39”E, a distance of 127.81 feet, Thence; S14º14’34”W, a distance of 289.32 feet, Thence; N70º33’57”W, a distance of 85.74 feet, to the true point of beginning; all located in Lot D of Lot C of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; containing 0.652 acres more or less., located adjacent to Tower Road and South Dakota Highway 16. Notice of hearing was published in the Rapid City Journal on November 26, 2005 and December 3, 2005. Ordinance No. 5118 have had the first reading on November 21, 2005, it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5118 the second time. Chapman moved, second by Johnson and carried to delete from the agenda No. 05OA010, a request by David St. Pierre for an Ordinance Amendment to amend Section 17.50.040 (B.2) of the Rapid City Municipal Code to change the maximum density of townhouse dwelling units permitted as a Conditional Use from 3,500 square feet per dwelling unit to 2,250 square feet per dwelling unit. Johnson moved, second by Olson and carried to recess at 10:35 P.M. The Council reconvened with all members present at 10:41 P.M. CONTINUED ITEMS CONSENT CALENDAR – Items 29-51 The following items were removed from the Continued Consent Calendar: 31. No. 05PL198 - A request by Dream Design International, Inc. for a Preliminary Plat on a

portion of NE1/4 NW1/4 NW1/4 lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6300 South Highway 16.

31.A. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future

assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Promise Road as it abuts the NE1/4 NW1/4 NW1/4 lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6300 South Highway 16. (05PL198)

40. No. 05VR012 - A request by Fisk Land Surveying for Mollers Limited Partnership for a

Vacation of Section Line Right-of-Way on Tract B, located in SE1/4 SW1/4, Lot 2, Eastbrooke Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County,


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South Dakota and Lots 1, 3 and 21, including vacated alley adjoined to Lots 1 and 3, Block 1, Brenan and Sweeney Addition and Racine Street adjoined thereto, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Omaha Street between Waterloo Street and La Crosse Street.

Okrepkie moved, second by Johnson and carried to continue the following items as indicated. Continue the following items until December 19, 2005: 29. No. 05CA015 - A request by the City of Rapid City for an Amendment to the

Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on an approximate 55.3 acre parcel from Light Industrial to General Commercial on the eastern most 504 feet of the SW1/4 NW1/4 and the SE1/4 NW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

30. No. 05PL177 - A request by Sperlich Consulting, Inc. for Triple Z Real Estate

Development, LLLP for a Preliminary Plat on Lots 8 through 12, Block 8; Lots 5 through 9; Lots 17 through 23, Block 10; Lots 13 through 18, Block 11; and Lots 5 through 10, Block 13, Elks Country Estates, Tract 1, E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4 SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1, E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

32. No. 05RZ023 - A request by the City of Rapid City for a Rezoning from No Use District

to General Commercial District on the eastern most 504 feet of the SW1/4 NW1/4 and the SE1/4 NW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.


to Low Density Residential District on the northern most 210 feet of the SE1/4 SW1/4 SW1/4; the NE1/4 SW1/4 SW1/4; the northern most 870 feet of the SE1/4 SW1/4; the E1/2 NW1/4 SW1/4; the NE1/4 SW1/4; the NW1/4 SE1/4; and the NE1/4 SE1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.


to Medium Density Residential District on the north 200 feet of Lot 1, Neffs Subdivision #3; the eastern most 440 feet and southern most 450 feet of the SW1/4 SW1/4; and the southern most 450 feet of the SE1/4 SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the north 670 feet of the NE1/4 NW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.


to General Commercial District on the SW1/4 SW1/4 SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; the west 130 feet of NW1/4 NW1/4,


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Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the west 130 feet lying adjacent to RR ROW and south of RR ROW, located in the SW1/4 SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the north 670 feet of the NW1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.


to Office Commercial District on the west 816 feet of the SW1/4 NW1/4; the W1/2 NW1/4 SW1/4; and the NW1/4 SW1/4 SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

37. No. 05TI014 - A request by Dream Design International, Inc. for a Tax Increment

District No. 56 - Project Plan on that portion of the Interstate 90 right-of-way lying in the SE1/4 NE1/4 and in the NE1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract F, Marshall Heights Subdivision No. 2 and the Interstate 90 right-of-way lying south of and adjacent to Tract F, Marshall Heights Subdivision No. 2, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the East Disk Drive right-of-way lying east of North LaCrosse Street located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot K-4 less Lot H-1, Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2 and the south ½ of the vacated alley and Pine Street right-of-way adjacent to said lots, Block 2, Rapps Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Farnwood Avenue right-of-way, entire Spruce Street right-of-way, and entire Rapp Street right-of-way all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the North LaCrosse Street right-of-way lying adjacent to Lot K-4 of Marshall Heights Tract and Lot 1 of Bedco Subdivision and including the entire intersection of North LaCrosse Street and Rapp Street, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 located in N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted portion of the N1/2 SE1/4 lying south of Interstate 90, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2, Bedco Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4 SE1/4 lying north of the railroad right-of-way and the unplatted portion of the SW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the S1/2 lying south of Interstate 90 and north of the railroad right-of-way, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the NE1/4 NW1/4 and N1/2 NE1/4 lying north of the railroad right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the Dyess Avenue right-of-way lying in the S1/2 SW1/4 and the entire intersection of Dyess Avenue and Eglin Street all located in Section 28, T2N, R8E,


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BHM, Rapid City, Pennington County, South Dakota, located east of LaCrosse Street and west of East Boulevared and south of Interstate 90.

38. No. 05TI017 - A request by Dream Design International for a Creation of Tax Increment

District No. 58 Black Hills Center on Lots 1, 13a, 13b, 14a, 14b, 15a, 15b, 16a, 16b, 17a, 17b, 18a, 18b of Block 2, Block 4, Block 5 and all adjacent rights-of-way all located in Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the unplatted NW1/4 SW1/4 NE1/4 less Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Block 1, Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Blocks 1, 2, 3 and 4 and all adjacent rights-of-way all located in South Pointe Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot 2 including the Enchanted Pines Drive right-of-way lying adjacent to said Lot 2, Block 11, Robbinsdale Addition No. 10, located in Sections 13 and 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and that portion of the 5th Street right-of-way lying in the NE1/4 NW1/4 SE1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the SW1/4 NE1/4 less NW1/4 SW1/4 NE1/4 and including the U.S. Highway 16B right-of-way lying adjacent to said SW1/4 NE1/4; SE1/4 NE1/4 and the U.S. Highway 16B right-of-way lying adjacent to said SE1/4 NE1/4; unplatted balance of N1/2 NE1/4 less NW1/4 NW1/4 NE1/4 and including the 5th Street, Enchanted Pines Drive and Parkview Drive rights-of-way lying adjacent to said unplatted balance of the N1/2 NE1/4; unplatted balance of SE1/4 NW1/4 and the U.S. Highway 16B right-of-way lying adjacent to said unplatted balance of SE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., located at the northwest corner of the intersection of Fifth Street and Catron Boulevard.

39. No. 05TI018 - A request by Dream Design International for a Project Plan for Tax

Increment District No. 58 Black Hills Center on Lots 1, 13a, 13b, 14a, 14b, 15a, 15b, 16a, 16b, 17a, 17b, 18a, 18b of Block 2, Block 4, Block 5 and all adjacent rights-of-way all located in Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the unplatted NW1/4 SW1/4 NE1/4 less Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Block 1, Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Blocks 1, 2, 3 and 4 and all adjacent rights-of-way all located in South Pointe Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot 2 including the Enchanted Pines Drive right-of-way lying adjacent to said Lot 2, Block 11, Robbinsdale Addition No. 10, located in Sections 13 and 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and that portion of the 5th Street right-of-way lying in the NE1/4 NW1/4 SE1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the SW1/4 NE1/4 less NW1/4 SW1/4 NE1/4 and including the U.S. Highway 16B right-of-way lying adjacent to said SW1/4 NE1/4; SE1/4 NE1/4 and the U.S. Highway 16B right-of-way lying adjacent to said SE1/4 NE1/4; unplatted balance of N1/2 NE1/4 less NW1/4 NW1/4 NE1/4 and including the 5th Street, Enchanted Pines Drive and Parkview Drive rights-of-way lying adjacent to said unplatted balance of the N1/2 NE1/4; unplatted balance of SE1/4 NW1/4 and the U.S. Highway 16B right-of-way lying adjacent to said unplatted balance of SE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., located at the northwest corner of the intersection of Fifth Street and Catron Boulevard.


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41. No. 05PL180 - A request by D.C. Scott Co. Land Surveyors for Timberline Corporation

for a Preliminary Plat on Lots 1 and 2, Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the north side of South Plaza Drive at juncture with Plaza Boulevard.

42. No. 05PL199 - A request by Lund Associates for Pennington County Housing and

Redevelopment for a Preliminary Plat on Lot A, LaCrosse Blakes Addition, formerly Lots 21 - 34, Block 16, and 40 feet of East St. Louis Street between Racine and LaCrosse Blakes Addition, located in the SW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 21 - 34, Block 16, and 40 feet of East St. Louis Street between Racine and LaCrosse Blakes Addition, located in the SW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 101 and 115 LaCrosse Street.

43. No. 05PL201 - A request by Russell Johnson for Sandra Kadis for a Preliminary Plat on

Lots 5R and 7R, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5 and 7, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the western terminus of Strato Rim Drive.

45. No. 05SV071 - A request by Sperlich Consulting for Farrar Real Estate, LLC for a

Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and sewer and reduce the surface width along Deadwood Avenue and to waive the requirement to install sanitary sewer along Buffalo Bill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2, Block 2; Lots 1 and 2, Block 3; Lots 2 and 3, Block 4, Farrar Business Park, and a portion of the NE1/4 SE1/4, Section 16, all located in the NE1/4 SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 5, Farrar Business Park, and a portion of the NE1/4 SE1/4, Section 16, all located in the NE1/4 SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Calamity Road and Hickock Trail.

46. No. 05SV075 - A request by Russell Johnson for Sandra Kadis for a Variance to the

Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 5 and 7, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the western terminus of Strato Rim Drive.

Continue the following items until January 16, 2006: 47. No. 05CA018 - A request by City of Rapid City for an Amendment to the

Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads on Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S,


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R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

Continue the following items until February 6, 2006: 48. No. 05PL157 - A request by Britton Engineering & Land Surveying for Prairiefire

Investments, LLC for a Preliminary Plat on Lots 1 and 2, Block 4, Prairiefire Subdivision, located in NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 NE1/4, less the Eisenbraun Subdivision, Winton Subdivision and less the E54.4' for Anderson Road Right-of-Way, all located in the NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Mondo Street.

49. No. 05PL159 - A request by Britton Engineering for Prairiefire Investments, LLC for a

Preliminary Plat on Lots 11-14, Block 1; Lots 4-11, Block 2; Lots 5-8, Block 3; Lots 3-8, Block 4; Prairiefire Subdivision, located in the NE1/4, Section 26, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of NE1/4 NE1/4 less a portion of Lot 8 and all of Lot 9 of Eisenbraun Subdivision less Winton Subdivision; all of SE1/4 NE1/4 less Eisenbraun Subdivision, less Winton Subdivision and less right-of-way; all in Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located at the western terminus of Mondo Street.

50. No. 05SV060 - A request by Britton Engineering & Land Surveying for Prairiefire

Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install sewer, curb, gutter, sidewalk, streetlight conduit; and dedicate additional right-of-way; and allow platting one half of a right-of-way on Lots 1 and 2, Block 4, Prairiefire Subdivision, located in NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 NE1/4, less the Eisenbraun Subdivision, Winton Subdivision and less the E54.4' for Anderson Road Right-of-Way, all located in the NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Mondo Street.

51. No. 05SV061 - A request by Britton Engineering for Prairiefire Investments, LLC for a

Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11-14, Block 1; Lots 4-11, Block 2; Lots 5-8, Block 3; Lots 3-8, Block 4; Prairiefire Subdivision, located in the NE1/4, Section 26, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of NE1/4 NE1/4, less a portion of Lot 8 and all of Lot 9 of Eisenbraun Subdivision less Winton Subdivision; all of SE1/4 NE1/4 less Eisenbraun Subdivision, less Winton Subdivision and less right-of-way; all in Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located at the western terminus of Mondo Street.

End of Continued Items Consent Calendar The Mayor presented No. 05PL198, a request by Dream Design International, Inc. for a Preliminary Plat on a portion of NE1/4 NW1/4 NW1/4 lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,


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located at 6300 South Highway 16. Chapman moved, second by Olson and carried to approve the Preliminary Plat with the following stipulations: 1. Prior to Preliminary Plat approval by the City Council, the applicant shall enter into an agreement with the South Dakota Department of Transportation to eliminate the intersection of Tucker Street and U.S. Highway 16 at such time as the Catron Boulevard/U.S. Highway 16 interchange is constructed or Promise Road is constructed providing a street connection to the north of the property or a safety issue arises at the intersection of Tucker Street and U.S. Highway 16. In addition, the applicant shall sign a waiver of right to protest any future assessments for the improvements to Promise Road; 2. Prior to submittal of a Final Plat application, the plat document shall be revised to include a “Certificate of Finance Officer” attesting to the signature of the Growth Management Director; and, 3. Upon submittal of a Final Plat application, surety for the design and construction of the required subdivision improvements shall be posted and the subdivision inspection fees shall be paid. In particular, the design and construction of the required subdivision improvements shall be completed within two years of the date of approval of the Preliminary Plat or prior to approval of the Preliminary Plat by the City Council, the applicant shall obtain approval from the City Council to extend the time to complete the design and improvements and to extend the expiration date of the Preliminary Plat beyond two years. Kroeger moved, second by Hadcock and carried to Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Promise Road as it abuts the NE1/4 NW1/4 NW1/4 lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6300 South Highway 16. (05PL198) The Mayor presented No. 05VR012, a request by Fisk Land Surveying for Mollers Limited Partnership for a Vacation of Section Line Right-of-Way on Tract B, located in SE1/4 SW1/4, Lot 2, Eastbrooke Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lots 1, 3 and 21, including vacated alley adjoined to Lots 1 and 3, Block 1, Brenan and Sweeney Addition and Racine Street adjoined thereto, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Omaha Street between Waterloo Street and La Crosse Street. The following resolution was introduced, read and Olson moved its adoption:

RESOLUTION OF VACATION OF PUBLIC RIGHT-OF-WAY

WHEREAS it appears that the public right-of-way adjacent to Tract B, located in SE1/4 SW1/4, Lot 2, Eastbrooke Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lots 1, 3 and 21, including vacated alley adjoined to Lots 1 and 3, Block 1, Brenan and Sweeney Addition and Racine Street adjoined thereto, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located North of East Omaha Street between Waterloo Street and La Crosse Street is not needed for public purposes; and WHEREAS the owner(s) of property adjacent to the above-described right-of-way desires said public right-of-way to be vacated and released.


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NOW THEREFORE, BE IT RESOLVED by the City of Rapid City that the public right-of-way heretofore described, and as shown on Exhibit "A", attached hereto, be and the same is hereby vacated; and BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of public right-of-way in regard thereto. Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Schumacher. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. CONSENT CALENDAR ITEMS – 52-99 The following items were removed from the Consent Calendar: 56. Request the Growth Management Department to scheduled two (2) public meetings in

January to discuss the construction licensing fee increase. 73 No. LF113005-02 Approve a Resolution of Intent to Establish Business Improvement

District. 82. No. LF113005-11 Approve a Resolution Establishing Maximum Salaries for Certain City

Officers and Employees. Okrepkie moved, second by Olson and carried to approve the following items as they appear on the Consent Calendar. Set for Hearing (January 3, 2006) 52. No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of

Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

Public Works Committee Consent Items 53. No. PW110105-01 Approve a sign to be placed in Memorial Park at the Berlin Wall as

proposed. 54. No. PW112905-02 Request the Mayor to appoint a committee to review downtown

parking structure options and address on-street parking issues.


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55. No. PW112905-03 Move forward with recommended improvements to the pedestrian crosswalk on East Saint Patrick Street and fund out of the 2006 Streets Division budget.

57. No. PW112905-04 Request the Public Works Department Director to provide a quarterly update on inflow and infiltration projects.

58. Request Public Works staff to tentatively place the 100-200 block of Saint Charles Street on the 2007 Public Works Project List, in conjunction with like projects; and bring forth a revised recommendation to include surrounding areas.

59. No. PW112905-05 Approve the award of an informal quote for Parking Lots Repair Project No. PR05-1547 to Hills Materials Company for an amount of $8,300.00.

60. No. PW112905-06 Approve Change Order No. 1F for Flannery Property Drainage Improvements - Fairgrounds East Drainage Project No. DR04-1389 to Mainline Contracting, Inc. for an increase of $1,519.95.

61. No. PW112905-07 Approve Change Order No. 1 for West Chicago Street Reconstruction - 44th Street to Seeaire Street Project No. ST02-1071 to Heavy Constructors, Inc. for an increase of $26,887.85.

62. No. PW112905-08 Approve Change Order No. 1F for Fifth Street Panel Repair Project No. STCM05-1466 to Stanley J. Johnsen Concrete Contractors, Inc. for a decrease of $51,647.92.

63. No. PW112905-09 Authorize staff to advertise for bids for Lombardy Drive Reconstruction Project No. ST04-1078; CIP #50133.

64. No. PW112905-10 Authorize the Mayor and Finance Officer to sign an Agreement with the South Dakota Department of Transportation for the exchange of snow plowing services.

65. No. PW112905-11 Authorize the Mayor and Finance Officer to sign a Memorandum of Understanding with Pennington County for snow plowing service.

66. No. PW112905-12 Approve a Request for Permission to Solicit Proposals for Engineering Services for Willsie Avenue Area Watermain Reconstruction Project W03-1310; CIP #50471.

67. No. PW111505-14 Approve the purchase of one (1) 2006 Chevrolet Impala under State Contract #14667 with Lamb Chevrolet of Onida, SD, in the amount of $15,327.00, with the amendment that this be a flexible fuel vehicle.

68. No. PW112905-13 Award the bid for the sale of one (1) used sweeper from the Street Division to A & H Truck Salvage Inc. of Rapid City, for $1,601.00.

69. No. PW112905-14 Approve the extension of the 2003 contract for Cold Water Meters with Sioux Pipe, Inc. as stated in the General Conditions of the contract through calendar year 2006.

70. No. 05TP012 Approve the 2006-2010 Transportation Improvement Program Amendment #06-001.

71. No. 05TP013 Approve the 2006-2010 Transportation Improvement Program Amendment #06-002.

72. No. 05TP014 Approve the 2006 Unified Planning Work Program - Draft Report. Legal & Finance Committee Consent Items 74. No. LF113005-03 Acknowledge the CIP monthly update. 75. No. LF113005-04 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects for

November, 2005. 76. No. LF113005-05 Approve a Resolution Writing Off Uncollectible Accounts Receivable

Accounts.


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RESOLUTION WRITING OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE ACCOUNTS

WHEREAS the City Finance Office has determined that certain accounts receivable accounts, shown on Appendix A, and totaling $1,672.96 are uncollectible, and WHEREAS it is necessary to relieve the accounts receivable of the City of Rapid City for these accounts NOW, THEREFORE, BE IT RESOLVED that the City Finance Officer be directed to remove such accounts of the City, said accounts being detailed in the official files of the Finance Office. Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

77. No. LF113005-06 Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract Weed and Seed Service Grant Funding with Big Brothers Big Sisters of the Black Hills.

78. No. LF113005-07 Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract Weed and Seed Service Grant Funding with General Beadle Elementary School.

79. No. LF113005-08 Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract Weed and Seed Service Grant Funding with Rapid City Fire and Emergency.

80. No. LF113005-09 Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract Weed and Seed Service Grant Funding with (Gang) Tattoo Removal Unified Support Team.

81. No. LF113005-10 Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract Weed and Seed Service Grant Funding with Youth and Family Services-Counseling.

83. No. LF113005-19 Approve a Resolution to Establish Funding for City of Rapid City Healthcare Plan.

RESOLUTION TO ESTABLISH FUNDING FOR CITY OF RAPID CITY HEALTHCARE PLAN

WHEREAS, an analysis of projected claims, stop loss coverage, and administrative fees indicates a need to adjust contribution levels within the Healthcare Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rapid City to establish the following monthly contribution rates effective on the dates indicated:

Coverage Current Rates Effective January, 2006 Total Individual Total Individual’s


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Share Single 257.00 0.00 293.00 0.00 Family 784.00 264.00 894.00 300.50 Family (5+ members) 862.00 303.00 983.00 345.00 Two Party 515.00 129.00 587.00 147.00 Minor Dependent(s) 784.00 129.00 894.00 154.00 (For two City employees in the same Family unit)

BE IT FURTHER RESOLVED that effective January 1, 1997, part-time benefited employees shall be required to share a pro-rata amount of the individual and City cost, based on their budgeted percentage of full-time equivalent (FTE); however, part-time benefited employees shall be allowed to decline health plan coverage in lieu of such contributions. Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

84. No. LF113005-12 Authorize the Mayor and Finance Officer to sign Resolution Regarding Sewer Construction Fees (MJK Subdivision).

85. No. LF113005-13 Authorize the Mayor and Finance Officer to sign Resolution Regarding Sanitary Sewer Construction Fees (Catron Boulevard).

86. No. LF113005-14 Authorize the Mayor and Finance Officer to sign Resolution Regarding Sanitary Sewer Construction Fees (Southeast Connector).

87. No. LF113005-16 Approve a request from Kathryn Wagner Douglas, d/b/a K & M Creams, for a Vending License for 2006.

88. Request the City Attorney’s Office to draft a similar ordinance regarding international residence code and the property maintenance code.

89. Approve the following licenses: Security Business: Keith L. Emerson, Deco Security Services, Inc.; Jack A. Werner, Ace Security, Inc.

Growth Management Department Consent Items 90. No. 05AN013 - A request by Executive Homes, Inc. for a Petition for Annexation on a

portion of the N1/2 NE1/4 SE1/4; and the NW1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3211 Bunker Drive. (APPROVE THE PETITION FOR ANNEXATION AND THE FOLLOWING RESOLUTION)

A RESOLUTION ANNEXING THE WITHIN DESCRIBED TERRITORY WHEREAS, a petition has been filed with the City, that was signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed; and


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WHEREAS, the territory that the petitioners are seeking to have annexed is contiguous to the City of Rapid City; and, WHEREAS the City Council of the City of Rapid City deems it to be in the best interest of the City that the territory described in the petition be annexed and thereby included within the corporate limits of the City. NOW, THEREFORE BE IT RESOLVED by the City of Rapid City that the following territory, containing 60 acres, more or less, is hereby included within the corporate limits of the City and annexed thereto: a portion of the N1/2 NE1/4 SE1/4; and the NW1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

91. No. 05AN014 - A request by Dream Design International, Inc. for a Petition for Annexation on the NE1/4 SE1/4 of Section 29, T1N, R7E, BHM being more particularly described as follows: Beginning at the East ¼ corner of said Section 29 being the true point of beginning; thence S00º18'07"E 38.41 feet; thence N89º59'26"W 704.61 feet; thence along a curve to the left having a radius of 462.00 feet, a central angle of 34º54'46" and a arc distance of 281.52 feet and a chord bearing and distance of S72º33’11” W 277.18 feet; thence along a curve to the right having a radius of 338.00 feet, a central angle of 23º20'37" 137.71 and arc distance of 137.71 and a chord bearing and distance of S66º46’06”W 136.76 feet; thence S78º26'24"W 227.39 feet; thence N00º18'05"W 220.36 feet to the center east 1/16 corner; thence N89º58'35"E 1318.44 feet; to the Point of Beginning; containing 2.47 acres more or less., located adjacent to Portrush Road between Muirfield Drive and Dunsmore Road. (APPROVE THE PETITION FOR ANNEXATION AND THE FOLLOWING RESOLUTION)

A RESOLUTION ANNEXING THE WITHIN DESCRIBED TERRITORY WHEREAS, a petition has been filed with the City, that was signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed; and WHEREAS, the territory that the petitioners are seeking to have annexed is contiguous to the City of Rapid City; and, WHEREAS the City Council of the City of Rapid City deems it to be in the best interest of the City that the territory described by the petitioner be annexed and thereby included within the corporate limits of the City.


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NOW, THEREFORE BE IT RESOLVED by the City of Rapid City that the following territory, containing 2.47 acres, more or less, is hereby included within the corporate limits of the City and annexed thereto:

The NE1/4 SE1/4 of Section 29, T1N, R7E, BHM being more particularly described as follows: Beginning at the East ¼ corner of said Section 29 being the true point of beginning; thence S00º18'07"E 38.41 feet; thence N89º59'26"W 704.61 feet; thence along a curve to the left having a radius of 462.00 feet, a central angle of 34º54'46" and a arc distance of 281.52 feet and a chord bearing and distance of S72º33’11” W 277.18 feet; thence along a curve to the right having a radius of 338.00 feet, a central angle of 23º20'37" 137.71 and arc distance of 137.71 and a chord bearing and distance of S66º46’06”W 136.76 feet; thence S78º26'24"W 227.39 feet; thence N00º18'05"W 220.36 feet to the center east 1/16 corner; thence N89º58'35"E 1318.44 feet; to the Point of Beginning; containing 2.47 acres more or less.

Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

92. No. 05PL122 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Preliminary Plat on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3575 Reservoir Road 3383 Reservoir Road. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, road construction plans shall be submitted for review and approval for Reservoir Road. In particular, the road construction plans shall show the street constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit and sewer or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, road construction plans shall be submitted for review and approval for Long View Road. In particular, the road construction plans shall show the street constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk and street light conduit or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, water and sewer plans shall be submitted for review and approval. In particular, the construction plans shall show the construction of water service and sanitary sewer lines to the subject property; 4. Prior to Preliminary Plat approval by the City Council, a drainage plan shall be submitted for review and approval. In addition, the plat document must be revised to provide drainage easements as needed; 5. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department; 6. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 7. Prior to submittal of a Final Plat application, a lot size Variance shall be obtained from the


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Pennington County Board of Commissioners or the plat document shall be revised accordingly; 8. Prior to submittal of a Final Plat application, the applicant shall submit a site plan identifying the location of the existing fence along Reservoir Road. In addition, any portion of the fence located in the right-of-way shall be removed; 9. Prior to submittal of a Final Plat application, the plat title shall be revised to read “Lot AR of Tract 1 of Paul subdivision and Lot WR of the NE1/4 NE1/4 of Section 15, Township 1 North, Range 8 East (formerly Lot A of Tract 1 of Paul Subdivision and Lot W of the NE1/4 NE1/4 of Section 15, Township 1 North, Range 8 East) located in…”; 10. Prior to submittal of a Final Plat application, the plat document shall be revised to include “Lot WR” in Note #1; 11. Upon submittal of a Final Plat application, the plat document shall be revised to show a ten foot wide planting screen easement along Reservoir Road and Long View Road or a Variance to the Subdivision Regulations shall be obtained. In addition, the planting screen easement shall not conflict with utility easement(s); 12. Upon submittal of the Final Plat application, the plat document shall be revised to show the dedication of 12 additional feet of right-of-way along Long View Road or a Variance to the Subdivision Regulations shall be obtained; and, 13. Upon submittal of the Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.)

93. No. 05PL197 - A request by FMG, Inc. for Steele's United, Inc. for a Preliminary Plat on

Lots 37A and 37B, and 39A and 39B, Village on the Green No. 2 Subdivision, located in the SW1/4 SE1/4, Section 12, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 37 and 39, Village on the Green No. 2 Subdivision, located in the SW1/4 SE1/4, Section 12, T1S, R7E, BHM, Pennington County, South Dakota, located north and adjacent to Mulligan Mile. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing a sidewalk along both sides of Mulligan Mile or a Variance to the Subdivision Regulations shall be approved; 2. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the dedication of an additional 3.5 feet of right-of-way for Mulligan Mile or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 4. Prior to submittal of a Final Plat application, the plat document shall be revised eliminating the note “Building setback requirements are as stated in the zoning and/or platting regulations”; and, 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.)

94. No. 05PL200 - A request by CETEC Engineering Services, Inc. for Olsen Development

Company, Inc. for a Preliminary Plat on Lots 6 and 7 of Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection Jackson Boulevard and Fulton Street. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to submittal of a Final Plat application, the plat title shall be revised to read “Lots 6 and 7 of Overlook Subdivision (formerly a portion of Lot 5 of Overlook Subdivision”.)


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95. No. 05PL202 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Karen Marsden for a Preliminary Plat on Lots 1 and 2, M and B Subdivision, formerly located in the N1/2 E1/2, Lot 1 of the NE1/4 NE1/4, less Lot H-1; and the S1/2 E1/2, less Lot D, Ted Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 E1/2, Lot 1 of the NE1/4 NE1/4, less Lot H-1; and the S1/2 E1/2, less Lot D, Ted Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6141 Wildwood Drive. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans for Sheridan Lake Road shall be submitted for review and approval. In particular, Sheridan Lake Road shall be constructed with curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, road construction plans for Wildwood Drive shall be submitted for review and approval. In particular, the road construction plans shall show the street constructed with a minimum 27 foot wide paved surface, sidewalk, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, the section line highway located along the north lot line shall be improved to City Street Design standards. In particular, the street shall be constructed with a minimum 40 foot wide paved surface, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained to waive the street improvements or the section line highway shall be vacated. In addition, the entire section line highway shall be vacated or a Variance to the Subdivision Regulations shall be obtained to allow platting half a right-of-way; 4. Upon submittal of a Preliminary Plat application, a subdivision cost estimate shall be submitted for review and approval; and, 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.)

96. No. 05PL203 - A request by Angle Surveys for Executive Homes for a Layout Plat on

Lots 1 - 61, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Pennington County, South Dakota, legally described as the N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Pennington County, South Dakota, located 1/2 mile north of Interstate 90 and 1/2 mile west of Haines Avenue. (APPROVE THE LAYOUT PLAT WITH THE FOLLOWING STIPULATIONS: 1. Upon submittal of a Preliminary Plat application, a geotechnical report including pavement design shall be submitted for review and approval; 2. Upon submittal of a Preliminary Plat application, a grading plan and an erosion and sediment control plan for all improved areas shall be submitted for review and approval; 3. Prior to Preliminary Plat approval by the City Council, an Exception shall be obtained to allow the northern cul-de-sac street with an 11% grade in lieu of a 10% grade as per the International Fire Code or the construction plans shall identify that the grade of the street does not exceed 10%; 4. Upon submittal of a Preliminary Plat application, a drainage plan in compliance with the Haines Avenue Drainage Basin Design Plan and the Drainage Criteria Manual shall be submitted for review and approval. In particular, the drainage plan shall include calculations supporting the size of the proposed metering dam. In addition, drainage structures shall be provided in the street(s) to accommodate flows if needed. The plat document shall also be revised to provide drainage easements as necessary; 5. Upon submittal of a Preliminary Plat application, a utility master plan including public and private utilities shall be submitted for review and approval; 6. Upon submittal of a Preliminary Plat application, sewer plans


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prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the sewer plans shall demonstrate adequate capacity of the existing wastewater system located north of the subject property. The plat document shall also be revised to provide utility easements as needed; 7. Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the extension of water mains shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the water plans shall demonstrate that adequate fire and domestic flows are being provided. The plat document shall also be revised to provide utility easements as needed; 8. Upon submittal of a Preliminary Plat application, road construction plans for Bunker Drive , a section line highway, shall be submitted for review and approval. In particular, the road construction plans shall show Bunker Drive located in a minimum 76 foot wide right-of-way and constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the plat document shall be revised to show the dedication of five additional feet of right-of-way; 9. Upon submittal of a Preliminary Plat, road construction plans for the northern cul-de-sac shall be submitted for review and approval. In particular, the road construction plans shall show the eastern 510 feet of the street located in a minimum 52 foot wide right-of-way and constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer. The balance of the street shall be located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter sidewalk, street light conduit, water and sewer. In addition, the construction plans shall identify the construction of a permanent turnaround at the end of the cul-de-sacs with a minimum 110 foot diameter right-of-way and a minimum 96 foot diameter paved surface or a Variance to the Subdivision Regulations shall be obtained; 10. Upon submittal of a Preliminary Plat application, road construction plans for the southern cul-de-sac street shall be submitted for review and approval. In particular, the cul-de-sac streets shall be located in a minimum 49 foot right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the construction plans shall identify the construction of a permanent turnaround at the end of the cul-de-sacs with a minimum 110 foot diameter right-of-way and a minimum 96 foot diameter paved surface or a Variance to the Subdivision Regulations shall be obtained; 11. Upon submittal of a Preliminary Plat application, road construction plans for the sub-collector streets, or those streets serving more than twenty lots, shall be submitted for review and approval. In particular, the streets shall be located in a minimum 52 foot right-of-way and constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 12. Upon submittal of a Preliminary Plat, road construction plans for the lane place streets, or those streets serving not more than twenty lots, shall be submitted for review and approval. In particular, the road construction plans shall show the streets located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 13. Upon submittal of the Preliminary Plat application, the plat document shall be revised to show street connections to the west lot line and south lot line, respectively; 14. Upon submittal of the Preliminary Plat application, a fire hydrant design plan showing the location of fire hydrants and water lines, including


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the size of the proposed water lines, shall be submitted for review and approval or a Variance to the Subdivision Regulations waiving the requirement to provide a central water system shall be obtained. In addition, the International Fire Code shall be continually met; 15. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 16. Prior to submittal of the Preliminary Plat application, the plat document shall be revised to provide a minimum 25 foot front yard setback in lieu of a 19.1 foot front yard setback for the existing single family residence located on proposed Lot 32 or a Variance to reduce the setback as identified shall be obtained from the Zoning Board of Adjustment; 17. Prior to Preliminary Plat approval by the City Council, a Variance to the Subdivision Regulations shall be obtained to allow a lot twice as long as it is wide or the plat document shall be revised to comply with the length to width requirement; 18. Prior to Preliminary Plat approval by the City Council, the property shall be annexed into the City limits of Rapid City; 19. Prior to submittal of a Final Plat application, the plat document shall be revised to provide non-access easements in compliance with the Street Design Criteria Manual; 20. Prior to submittal of a Final Plat application, the applicant shall submit street names to the Emergency Services Communication Center for review and approval. In addition, the plat document shall be revised to show the approved street names; and, 21. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.)

97. No. 05PL204 - A request by Fisk Land Surveying for Russell and Dalaina Salamun for a

Preliminary Plat on Lots 1 and 2, Salamun Subdivision, and dedicated Right-of-Way, formerly located in the north 68.5 feet, Lot H, less the East 33 feet, Block 1, Lot 3, Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 68.5 feet, Lot H, less the East 33 feet, Block 1, Lot 3, Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Garvin Court and between Elmhurst Drive and 38th Street. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to submittal of a Final Plat application, the plat document shall be revised to show the dedication of 14.5 additional feet of right-of-way along Elmhurst Drive and seven additional feet of right-of-way along 38th Street; 2. Prior to submittal of the Final Plat, the applicant shall obtain a Zoning Variance to reduce the front yard setback on Elmhurst Drive from 26 feet to 11.5 feet. 3. Prior to submittal of the Final Plat, the applicant shall obtain a Zoning Variance to reduce the side yard setback on the intermediate property line to allow the existing garage to be 0.5 feet in lieu of eight feet. 4. Prior to submittal of the Final Plat application, a Subdivision Variance shall be obtained to allow lots twice as wide as they are long. 5. Prior to submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 6. Prior to submittal of a Final Plat application, the plat document shall be revised to include the required Final Plat certificate.)

98. No. 05PL206 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lost 3 - 5, Block 1; Lots 1 - 4, Block 2, Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted portion in the SW1/4 NE1/4 and the SE1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west and east of the intersection of Fifth Street North and


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Parkview Drive. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, revised drainage information showing the existing drainage system and inlets in Fifth Street shall be submitted for review and approval; 2. Prior to Preliminary Plat approval by the City Council, a site plan showing the existing water system and appurtenances in Fifth Street shall be submitted for review and approval. In addition, the site plan shall show water service lines to each lot; 3. Prior to Preliminary Plat approval by the City Council, a site plan showing existing sewer mains and manholes in Fifth Street shall be submitted for review and approval. In addition, the site plan shall show sewer service lines to each lot; and, 4. Prior to submittal of a Final Plat application, the plat document shall be revised to show the approved and shared approach locations. In addition, a non-access easement shall be shown along the balance of Fifth Street as it abuts the subject property.)

99. No. 05PL207 - A request by Fisk Land Surveying for Atlantis LLC for a Preliminary Plat

on Lot 1, Atlantis Subdivision, formerly Lots 1 and 2, Tract F, W-Y Addition, less Lot H-1, Lot 1, Tract F and less lot H-1, Lot 2, Tract F and including a portion of DM&E Railroad Right-of-Way, all located in the SW1/4 SW1/4, Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2, Tract F, W-Y Addition, less Lot H-1, Lot 1, Tract F and less lot H-1, Lot 2, Tract F and including a portion of DM&E Railroad Right-of-Way, all located in the SW1/4 SW1/4, Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Interstate 90 and Elk Vale Road. (APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to submittal of a Final Plat application, the plat document shall be revised to show a non-access easement along Elk Vale Road and the I-90 service road as they abut the subject property.)

END OF CONSENT CALENDAR The Mayor presented the request to the Growth Management Department to scheduled two (2) public meetings in January to discuss the construction licensing fee increase. Alderman Hadcock reported visiting with the construction businesses about this increase and indicated one meeting is sufficient and asked staff to notice the industry. Growth Management Director Elkins explained that this request came forward from the Committee. Hadcock moved, second by Olson to request the growth Management Department to schedule one (1) public meeting in January to discuss the construction licensing fee increase. Motion carried. The Mayor presented No. LF113005-02, to approve a Resolution of Intent to Establish Business Improvement District. The following resolution was introduced, read and Chapman moved its adoption:

RESOLUTION OF INTENT TO ESTABLISH

BUSINESS IMPROVEMENT DISTRICT A petition having been received pursuant to SDCL 9-55-9, it is now hereby RESOLVED that a Business Improvement District be created in the City Of Rapid City; and it is further


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RESOLVED that the boundaries of the proposed Business Improvement District are as follows, specifically excluding any bed and breakfast establishments as well as any hotel, motel or lodging establishment properties with fewer than fifty (50) rooms:

PROPERTY RMS ADDRESS CITY ST ZIP Americinn 64 1632 Rapp Street Rapid City SD 57701Best Western Ramkota 267 2111 N. LaCrosse Street Rapid City SD 57701Best Western Town & Country Inn

99 2505 Mt. Rushmore Road Rapid City SD 57701

College Inn Motel 68 121 Kansas City Street Rapid City SD 57701Comfort Inn & Suites 82 915 Fairmount Blvd. Rapid City SD 57701Comfort Inn I-90 97 1550 N. LaCrosse Street Rapid City SD 57701Country Inn & Suites 103 2321 N. LaCrosse Street Rapid City SD 57701Days Inn I-90 77 1570 Rapp Street Rapid City SD 57701Days Inn West 54 725 Jackson Blvd. Rapid City SD 57701Econo Lodge I-90 120 625 E. Disk Drive Rapid City SD 57701Fairfield Inn & Suites 136 1314 N. Elk Vale Road Rapid City SD 57701Foothills Inn 63 1625 N. LaCrosse Street Rapid City SD 57701Hampton Inn 82 1720 Rapp Street Rapid City SD 57701Hotel Alex Johnson 143 523 Sixth Street Rapid City SD 57701Holiday Inn Express I-90 105 645 E. Disk Drive Rapid City SD 57701Holiday Inn Express 63 750 Cathedral Drive Rapid City SD 57701Holiday Inn Rushmore Plaza

205 505 N. Fifth Street Rapid City SD 57701

Howard Johnson Express 99 950 North Street Rapid City SD 57701Imperial Hotel 108 125 Main Street Rapid City SD 57701Knights Inn 67 2401 Mt. Rushmore Road Rapid City SD 57701Microtel Inn & Suites 73 1740 Rapp Street Rapid City SD 57701Motel 6 150 620 E. Latrobe Street Rapid City SD 57701Quality Inn 210 1902 LaCrosse Street Rapid City SD 57701Radisson Hotel 176 445 Mt. Rushmore Road Rapid City SD 57701Ramada Inn 139 1721 LaCrosse Street Rapid City SD 57701Rodeway Inn 107 2208 Mt. Rushmore Road Rapid City SD 57701Red Roof Inn 97 620 Howard Street Rapid City SD 57701Super 8 Motel 98 2124 N. LaCrosse Street Rapid City SD 57701Super 8 Motel Rushmore Road

118 2520 Tower Road Rapid City SD 57701

Time Inn Motel 59 615 E. North Street Rapid City SD 57701 RESOLVED that the time and place for the hearing to be held by the governing body to consider the establishment of the district shall be on the 16th day of January, 2006; and it is further RESOLVED that the purpose of the creating of the Business Improvement District shall be for the funding of improvements and activities for the marketing and promotion of Rapid City and its hotels and motels in the District area, as well as employing or contracting for personnel, including administrators for any improvement or promotional program under SDCL 9-55-3, and


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providing for any service necessary or proper to carry out the purposes of the Business Improvement District as set forth in SDCL Chapter 9-55; and it is further RESOLVED that the proposed or estimated costs for improvements, facilities and activities within the District shall be One Million Two Hundred Thirty Thousand Eighty-Five Dollars ($1,230,085), which revenue shall be raised y imposing an occupational tax in the amount of Two Dollars ($2.00) per night upon transient guests based upon rooms rented by any of the above hotels, motel or lodging establishments. The occupational tax shall be fair, equitable and uniform as to class, and no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no rent or fee was charged for such room. The tax rate shall be subject to establishment and adjustment by the Rapid City Common Council, by resolution and upon recommendation from the Board of the Business Improvement District. Dated this 5th day of December, 2005. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Hadcock. The public hearing was set for the January 16, 2006 Council meeting. The following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. LF113005-11, to approve a Resolution Establishing Maximum Salaries for Certain City Officers and Employees. The following resolution was introduced, read and Olson moved its adoption:

RESOLUTION ESTABLISHING MAXIMUM SALARIES FOR CERTAIN CITY OFFICERS AND EMPLOYEES

WHEREAS the salaries for the Non-Union positions are listed in the Resolution Establishing Maximum Salaries for Certain City Officers and Employees, and WHEREAS the most recent Resolution establishing salaries was approved on November 28, 2001; NOW, THEREFORE, BE IT RESOLVED by the City Council of Rapid City that the Resolution to Establish Maximum Salaries be amended as listed in the attached appendix for all regular positions within the City of Rapid City Non-Union workforce; and BE IT FURTHER RESOLVED that the salaries be set effective January 1, 2006 through December 31, 2006 as noted on each schedule. Dated this 5th day of December, 2005.


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CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Okrepkie. Finance Officer Preston noted a change in the position for Fire Captain. Alderman Kooiker indicated his concern with the Mayor’s position at Grade 29 on the scale. Amendment was offered by Kooiker, second by Schumacher to zero out the grade for the Mayor, to be consistent with other elected officials. Upon a vote being taken on the amendment, motion carried. Upon a vote being taken on the motion as amended, the following voted AYE: Schumacher, Olson, Okrepkie, Johnson, Kroeger, Hadcock, Hurlbut, and Chapman; NO: Kooiker; whereupon said resolution was declared duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Hearings The Mayor announced the meeting was open for hearing on the listed applications for Alcoholic Beverage Licenses to operate within the City of Rapid City, South Dakota. Police Chief Tieszen asked that the public hearing on the application for Alcoholic Beverage Licenses for Cowboy Casino, Inc. do business as Woody’s be continued to the December 19, 2005 Council meeting. Chapman moved, second by Schumacher and carried to continue the following hearing items as noted. Hearing items continued: Package (Off-Sale) Liquor License (TRANSFER) 100. Derby Advertising, Inc. dba Canyon Lake Chop House, 2720 Chapel Lane for a

Package (Off-Sale) Liquor License transfer (revise legal description to include adjacent property purchase) continued to January 19, 2006

Retail (On-Sale) Liquor License (TRANSFER) 101. Derby Advertising, Inc. dba Canyon Lake Chophouse *, 2720 Chapel Lane for a Retail

(On-Sale) Liquor License transfer (revise legal description to include adjacent property purchase) continued to January 19, 2006

Retail (On-Sale) Liquor License Renewals for 2006 137. Cowboy Casino, Inc. dba Woody’s, 826 Main Street for a Retail (On-Sale) Liquor

License and Sunday Opening, continued to December 19, 2005 Chapman moved, second by Johnson and carried to close the public hearing. Chapman moved, second by Schumacher and carried to approve the following alcohol license applications:


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Retail (On-Sale) Liquor License Renewals for 2006 102. Hotel Management Company, Inc. dba Alex Johnson Hotel, 523 Sixth Street for a Retail

(On-Sale) Liquor License and Sunday Opening 103. Shotgun Willie’s, Inc. dba Shotgun Willie’s, 2808 West Main for a Retail (On-Sale)

Liquor License and Sunday Opening 104. Blue Lantern Lounge, Inc. dba Blue Lantern Lounge, 1200 E. St. Patrick Street for a

Retail (On-Sale) Liquor License and Sunday Opening 105. RC Boston Company, LLC dba Boston’s Restaurant & Sports Bar, 620 E. Disk Drive

for a Retail (On-Sale) Liquor License and Sunday Opening 106. Karen J. Schumacher dba Brass Rail, 624 St. Joe Street for a Retail (On-Sale) Liquor

License and Sunday Opening 107. Derby Advertising, Inc. dba Canyon Lake Chophouse *, 2720 Chapel Lane for a Retail

(On-Sale) Liquor License and Sunday Opening 108. Brinker Restaurant Corporation dba Chili’s Grill & Bar, 2125 N. Haines Avenue for a

Retail (On-Sale) Liquor License and Sunday Opening 109. Colonial House, Inc. dba Colonial House Restaurant, 2501 Mt. Rushmore Road for a

Retail (On-Sale) Liquor License and Sunday Opening 110. Hansen Investments, Inc. dba Diamond Dave’s Taco Co., Rushmore Mall, 2200 N.

Maple for a Retail (On-Sale) Liquor License and Sunday Opening 111. Rapid City Elks Club dba Elks Lodge #1187, 3333 E. 39th Street for a Retail (On-Sale)

Liquor License and Sunday Opening 112. Fat Boys, Inc. dba Firehouse Brewing Company, 610 Main Street for a Retail (On-Sale)

Liquor License and Sunday Opening 113. Harley’s Casino, Inc. dba Harley’s Casino, 640 E. St. Patrick Street for a Retail (On-

Sale) Liquor License and Sunday Opening 114. Kelly’s Sports Lounge II, Inc. dba Harold’s Prime Rib/Kelly’s Sports Lounge, 318 –

320 East Boulevard 115. Kurylas, Inc. dba Imperial Inn, 100 St. Joseph Street for a Retail (On-Sale) Liquor

License and NO Sunday Opening 116. Catering by Marlin’s, Inc. dba Marlin’s Roadhouse Grill, 2803 Deadwood Avenue for a

Retail (On-Sale) Liquor License and Sunday Opening 117. Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard for a

Retail (On-Sale) Liquor License and Sunday Opening 118. Meadowood Lounge, Inc. dba Meadowood Lounge, 3809 Sturgis Road for a Retail (On-

Sale) Liquor License and Sunday Opening 119. Loyal Order of Moose, dba Moose, Loyal Order Of, 841 St. Patrick Street for a Retail

(On-Sale) Liquor License and Sunday Opening 120. Sports Saloon, Inc. dba Murphy’s Bar, 510 Ninth Street for a Retail (On-Sale) Liquor

License and Sunday Opening 121. Oasis Lounge, Inc. dba Oasis Lounge, 711 Main Street for a Retail (On-Sale) Liquor

License and NO Sunday Opening 122. Beshara Enterprises, Inc. dba Pirate’s Table, 3550 Sturgis Road for a Retail (On-Sale)

Liquor License and Sunday Opening 123. Phatty McGees, Inc. dba Phatty McGees, 321 Seventh Street for a Retail (On-Sale)

Liquor License and Sunday Opening 124. GMRI, Inc. dba Olive Garden Italian Restaurant, 160 Disk Drive for a Retail (On-Sale)

Liquor License and Sunday Opening 125. Steven C. Lester dba Quality Inn / Reunion Lounge, 1902 LaCrosse Street for a Retail

(On-Sale) Liquor License and Sunday Opening


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126. Shiba Investments, Inc. dba Radisson, 445 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

127. GMRI, Inc. dba Red Lobster Restaurant, 120 Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

128. The Retired Enlisted Association dba Chapter #29, 1981 Centre Street for a Retail (On-Sale) Liquor License and Sunday Opening

129. Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

130. Steven C. Lester dba Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening

131. Shooters, Inc. dba Shooters, 2424 West Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

132. Joe N. Crawford dba Smokin’ Joe’s #12, 4302 S. Highway 79 for a Retail (On-Sale) Liquor License and Sunday Opening

133. Taira L. Hoeye dba St. Joe Pub, 710 St. Joe Street for a Retail (On-Sale) Liquor License and Sunday Opening

134. Restech Partners, Inc. dba TGI Fridays, 2205 N. LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

135. LaCroix Investments, Inc. dba Time Out Lounge, 615 E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening

136. VFW dba Rushmore Post 1273, 420 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

Package (Off-Sale Liquor License Renewals for 2006 138. Hotel Management Co., Inc. dba Hotel Alex Johnson, 523 Sixth Street for a Package

(Off-Sale) Liquor License 139. LaCroix Investments, Inc. dba Bus’s Bottle Shop, 615 E. North Street for a Package

(Off-Sale) Liquor License 140. Derby Advertising, Inc. dba Canyon Lake Chop House, 2720 Chapel Lane for a

Package (Off-Sale) Liquor License 141. Sully Enterprises, LLC dba Common Cents, 2808 Sheridan Lake Road for a Package

(Off-Sale) Liquor License 142. Flannery Oil Company dba Corner Pantry-LaCrosse Street, 2130 LaCrosse Street for a

Package (Off-Sale) Liquor License 143. Sully Enterprises, LLC dba Common Cents, 634 E. North Street for a Package (Off-

Sale) Liquor License 144. Sooper Dooper Markets, Inc. dba Sooper Dooper #1, 913 E. St. Patrick for a Package

(Off-Sale) Liquor License 145. Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop, 718 East St. Patrick Street for a

Package (Off-Sale) Liquor License 146. Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop III, 3030 W. Main Street, Ste. B for a

Package (Off-Sale) Liquor License 147. Staple & Spice Market, Inc. dba Staple & Spice Market, 601 Mt. Rushmore Road for a

Package (Off-Sale) Liquor License 148. Timothy E. Smith & Steve Smith dba Smith’s Liquor Gallery, 2218 Jackson Blvd., Ste. 1

for a Package (Off-Sale) Liquor License Retail (On-Sale) Wince License Renewals for 2006


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149. Mae Jean Adams dba The Corn Exchange, 727 Main Street for a Retail (On-Sale) Wine License

150. S&Y, Inc. dba Golden Phoenix, The, 2421 West Main Street for a Retail (On-Sale) Wine License

151. Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street for a Retail (On-Sale) Wine License

152. Chrisbro, LLC dba Hampton Inn, 1720 Rapp Street for a Retail (On-Sale) Wine License 153. Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street for a Retail (On-

Sale) Wine License 154. Museum Alliance of Rapid City, Inc. dba The Journey Museum, 222 New York Street for

a Retail (On-Sale) Wine License 155. Piesano’s Pacchia, Inc. dba Piesano’s Pacchia, 3618 Canyon Lake Dr. #33 for a Retail

(On-Sale) Wine License 156. Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-

Sale) Wine License 157. Ristorante Marsale LLC dba Ristorante Marsala, 609 Main Street for a Retail (On-Sale)

Wine License 158. Mai T. Goodsell dba Saigon Restaurant, 221 E. North Street for a Retail (On-Sale) Wine

License 159. Wine Cellar Restaurant, LLC dba Wine Cellar Restaurant, 513 Sixth Street for a Retail

(On-Sale) Wine License 160. CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive for a Retail (On-

Sale) Wine License Set for Hearing (December 19, 2005) Chapman moved, second by Johnson and carried, and the Finance Officer was directed to publish notice of hearing on the following applications, said hearing to be held as follows: Special Malt Beverage and Wine License 161. Rapid City Area Chamber of Commerce for a special Malt Beverage and Wine License

for an event scheduled January 10, 2006 at the Rapid City Regional Hospital, 353 Fairmont Boulevard

Retail (On-Sale) Liquor License Renewals for 2006 162. Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street for

a Retail (On-Sale) Liquor License and NO Sunday Sale 163. Fraternal Order of Eagles dba Rapid City Aerie No. 3555, 1410 Centre Street for a

Retail (On-Sale) Liquor License and Sunday Sale 164. High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road for a Retail (On-Sale)

Liquor License and NO Sunday Sale 165. WR Rapid City Ventures LP dba Minerva’s Restaurant & Bar, 2211 North LaCrosse

Street for a Retail (On-Sale) Liquor License and Sunday Sale 166. Western Dakota Gaming, Inc. dba Valley Sports Bar, 1865 South Valley Drive for a

Retail (On-Sale) Liquor License and Sunday Sale 166.A. Sanfords Grub & Pub South Dakota, Inc. dba Sanford’s Grub & Pub, 306 7th Street for a

Retail (On-Sale) Liquor License and Sunday Sale Package (Off-Sale Liquor License Renewals for 2006


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167. Canyon Lake Liquors, Ltd. dba Canyon Lake Liquors, 4244 Canyon Lake Drive for a Package (Off-Sale) Liquor License

168. M & B Investments, Inc. dba Hideaway Casino, 1575 North LaCrosse Street, Suite D for a Package (Off-Sale) Liquor License

169. Safeway Stores 46, Inc. dba Safeway Store #581, 2120 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

170. Safeway Stores 46, Inc. dba Safeway Store #1554, 730 Mt. View Road for a Package (Off-Sale) Liquor License

171. Stanley Kline dba Hall Inn, 214 East St. Joseph Street for a Package (Off-Sale) Liquor License

Retail (On-Sale) Wince License Renewals for 2006 172. Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street for

a Retail (On-Sale) Wine License 173. Faryat, Inc. dba Botticelli’s Ristorante Italiano, 523 Main Street for a Retail (On-Sale)

Wine License 174. Dan Trieu Ly dba Golden Fortune, 1204 East North Street for a Retail (On-Sale) Wine

License 175. Ron J. Stevens & Sandy K. Thornburg dba Meadowbrook Grill & Pub, 3625 Jackson

Boulevard for a Retail (On-Sale) Wine License 176. WR Rapid City Ventures LP dba Minerva’s Restaurant & Bar, 2211 North LaCrosse

Street for Retail (On-Sale) Wine License Retail (On-Off Sale) Malt Beverage License (TRANSFER) 176.A. South Dakota Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd. for a Retail

(On-Off Sale) Malt Beverage License Transfer from Happy Jack’s Far West, 1925 West Main

ITEMS FROM THE MAYOR No action was taken on the 2012 Report. It was noted work continues on the Public Safety building. ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS Alderman Schumacher indicated the City needs to re-examine its roll as it relates to the Adam Street facility and previous discussions with the Pennington County Commission. Mayor Shaw responded that the City and Pennington County Commission meet on a regular basis to discuss issues of common interest, and indicated this issue could be a topic of discussion. Alderman Kroeger reported he had met with County Commissioner Kirkeby to discuss this facility, and this will be a topic of discussion after the first of the year at a regular schedule meeting to work out a way to resolve the issue. Alderman Okrepkie reminded the members that it has been recommended the City harvest 300 deer between now and January. He indicated his desire to use 2005 Council Contingency funds in the amount of $10,000, and combine it with the $20,000 set aside in the 2006 budget to harvest the 300 deer. Motion was made by Okrepkie to harvest a total of 300 deer, this season, using $10,000 from the Council Contingency fund, and the $20,000 from the 2006 budget. Second by Hadcock. Alderman Kooiker indicated that from a procedural point of view, when an


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item is voted on, it is typically on the agenda. If not on the agenda, it is merely brought up and introduced and continued to Committee. Assistant City Attorney Landeen advised that the safest course of action would be to continue the item to the Legal & Finance Committee. Alderman Johnson indicated that he opposes spending the money down in the Council Contingency, but it is late enough in the year that he was comfortable with moving the money. In response to a question from Alderman Chapman, Finance Officer Preston reported a balance of approximately $20,000 remaining in the Council Contingency fund. Upon a roll call vote being taken, the following voted AYE: Johnson, Hadcock, Hurlbut, Chapman, Olson, and Okrepkie; NO: Kroeger, Kooiker and Schumacher. Motion carried. Alderman Hurlbut pointed out that everyone knows Wal-Mart intends to build a second store. He explained that he has concerns about a recent article printed in the Rapid City Journal reporting that sales tax kickbacks were discussed with Wal-Mart. He questioned how it is that there is a problem with the legal description of the property. His concern was about shifting costs to the City and others, in order to pass on savings. He suggested that Wal-Mart is skilled at spending thousands to make millions. He pointed out that Wal-Mart has chosen a site that is beyond where the City is ready to develop at this time; and the City will incur a whole laundry list of costs that it would not need to if a more reasonable and appropriate location were identified. He suggested that it is outrageous to consider discussing sales tax kickbacks or other freebies or taxpayer subsidies at this time with Wal-Mart, and pointed out that no one else gets sales tax kickbacks. He suggested Wal-Mart pay its own way. Mayor Shaw reported that a number of months ago he attended a meeting where this topic was broached as a possibility of funding a new Wal-Mart store. Shaw Indicated his is opposed to this, and point out that the sales taxes does not belong to Wal-Mart or any other merchant. He indicated that it is not appropriate for anyone to dictate how the sales tax are to be spent, only the City Council can determine how the tax is to be spent. Growth Management Director Elkins reported receiving a request from Journal staff for any proposals. She explained that it was reported to the Journal staff, that no proposals existed and that any discussions were informal. In response to a question from Alderman Hurlbut about the legal description, Elkins explained that the applicant had revised their proposal, and as part of that, they needed to revise the legal description. Staff identified upon submittal, that there was a possible error in that and referred it to their surveyor who confirmed the error. Elkins indicated the Planning Commission will have the item before them at their January 5, 2006 meeting. Alderman Kooiker moved to refer the Marquette Drive roadway conditions to the December 13, 2005 Public Works Committee meeting. Second by Schumacher. Motion carried. Alderman Kooiker explained that his issue is the $5.1 Million the Council allocated for economic development. He indicated that his understanding is that the $5.1 Million would be managed and spent by an opportunity capture’s fund board which would be separate, but related to the Economic Development Partnership Board. He indicated his desire to bring forward an ordinance amendment to help move that process forward, as it is important that the City not tie up that money and be ready to move on that. Motion was made by Kooiker that an ordinance amendment be discussed at the December 14, 2005 Legal & Finance Committee meeting. Second by Schumacher. Alderman Okrepkie asked to consider the Board makeup during that discussion. Motion carried. Alderman Johnson explained that he has been visiting with Council members about appointing a Council Development Committee to review the City’s development procedures to determine


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whether the City can streamline the process. Motion was made by Johnson to appoint Aldermen Bill Okrepkie, as Chairman, Sam Kooiker, Bob Hurlbut, Karen Olson and Tom Johnson; and Larry Kostaneski, Pat Wyss, and Hani Shafai and Phil Olson to the Council Development Committee. Second by Okrepkie. Motion carried with Schumacher voting NO. FINANCE OFFICER’S ITEMS Upon a request from Finance Officer Preston, Okrepkie moved, second by Johnson and carried to approve a No Cost Space Lease Agreement with the Rushmore Plaza Civic Center. BID AWARDS The following companies submitted bids for No. CC120505-02, Nugget Gulch Road Street Extension Project No. ST05-1534 / CIP No. 50615 opened November 30, 2005: Mainline Contracting, Inc., R P & H, Inc., Quinn Construction, Inc., Shovelhead Excavating, Inc., Hills Materials Company, Simon Contractors of South Dakota, Inc., Highmark, Inc., and Site Work Specialists, Inc. Staff reviewed the bids and recommends award to Quinn Construction, Inc. Kroeger moved, second by Hadcock and carried to approve the bid award for Project ST05-1534, Nugget Gulch Road Street Extension to the lowest responsible bidder meeting specifications, Quinn Construction, Inc., for the low unit prices bid for a total contract amount of $42,453.00. APPROVAL OF BILLS The following bills having been audited, it was moved by Kroeger, second by Okrepkie and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof: Payroll Paid Ending 11-30-05, Paid 11-30-05 1,092,516.71 Payroll Paid Ending 11-26-05, Paid 12-02-05 668,892.12 Payroll Paid Ending 11-26-05, Paid 12-02-05 3,336.80 Pioneer Bank, Taxes Paid 11-30-05 276,140.42 Pioneer Bank, Taxes Paid 12-02-05 162,100.32 Pioneer Bank, Taxes Paid 12-02-05 235.59 First Administrators, claims paid 11-16-05 70,881.69 First Administrators, claims paid 11-23-05 71,018.69 First Administrators, claims paid 11-30-05 28,305.44 Black Hills Power & Light, electricity 89,427.92 United States Postmaster, postage 800.00 Computer Bill List 1,465,578.15 Subtotal $3,929,233.85 Payroll Paid Ending 11-26-05, Paid 12-02-05 2,562.82 Pioneer Bank, Taxes Paid 12-02-05 196.07 City of Rapid City, postage 194.07 City of Rapid City, tire disposal 28.00 Dakota Business Center, copier maintenance 12.32 Subtotal $3,932,227.13


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Heavy Constructors, Inc., Project No. ST02-1071 Change Order 19,057.80 Mainline Contracting, Inc., Project No. DR04-1389 Change Order 1,519.95 Total $3,952,804.88 CITY ATTORNEY’S ITEMS The Mayor presented No. PW110105-09. to approve the lease of land with Community Alternatives of the Black Hills, Inc., Pursuant to SDCL 9-12-5.2 to allow the expansion of a correctional facility on public property; whereupon Johnson moved to continue to the December 19, 2005 Council meeting. Second by Hurlbut. Substitute motion was made by Chapman, second by Hadcock to approve. Alderman Chapman noted the resolution had been approved during a previous meeting, and this is considered to be the public hearing. Question was called by Hadcock, there being no objection a vote was taken on the substitute motion to approve. The following voted AYE: Kroeger, Hadcock, Hurlbut, Chapman, Schumacher, Olson, and Okrepkie; NO: Kooiker and Johnson; whereupon motion carried. The Mayor presented No. PW110105-09, to authorize the Mayor and Finance Officer to sign an agreement with Community Alternatives of the Black Hills, Inc.; whereupon Kroeger moved to approve. Second by Hadcock. Alderman Kooiker stressed that his concern is about the process. The motion carried with Kooiker and Johnson voting NO. Johnson moved, second by Olson and carried to go into Executive Session at 11:47 P.M. to discuss pending litigation. The Council came out of Executive Session at 12:01 A.M. with all members present. Hadcock moved, second by Olson and carried to authorize the Mayor to sign a settlement agreement with the public entity pool, accepting the amount of $1,457.25 for the replacement of a light at 5th Street and New York Street. Okrepkie moved, second by Olson and carried to authority the City Attorney’s Office to contact the attorney for the Gakins, in the matter of Gakin vs. Rapid City to settle the case per their settlement offer for $65,000. ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 12:03 A. M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

Documents

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota ...temp.rcgov.org/agendas/minutes/council/2005/2005December05.pdf · 2005-12-05 · Airport Manager Mason Short, and Administrative