proceedings of the city council rapid city, south dakota

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

April 5, 2010

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, April 5, 2010 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Bill Waugh, Patti Martinson, Sam Kooiker, Aaron Costello, Lloyd LaCroix, Malcom Chapman, Karen Gundersen Olson, Ron Weifenbach, Ron Kroeger and Deb Hadcock; and the following Alderpersons arrived during the course of the meeting: None; and the following were absent: None. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Public Works Director Robert Ellis, Growth Management Director Marcia Elkins, Police Chief Steve Allender, Fire Chief Mark Rohlfing, Community Resource Director Kevin Thom, Assistant Director Growth Management Bob Dominicak, Information Technology Officer Russ Tiensvold and Administrative Coordinator Amber Sitts. ADOPTION OF AGENDA The following items were added to the agenda: Report on Jeff Key, Alderman Martinson Update on Big Sky, Alderman Hadcock Update on travel and Washington D.C. trips, Alderman Kooiker

Motion was made by Costello, second by Chapman and carried to adopt the agenda as amended. APPROVE MINUTES Motion was made by LaCroix, second by Chapman and carried to approve the minutes for March 15, 2010. GENERAL PUBLIC COMMENT Ron Sasso spoke about Council travel and expressed concern that there is no policy stating that Council members cannot travel near the end of their term. He questioned the number of Council members who went to Washington D.C. and asked what we are getting in return for that trip. Mayor Hanks pointed out there is a detailed travel policy for Council members. Deb Armstrong read a letter she received regarding her use of Dial-A-Ride and the bags she brings on the bus. She described how she transports her items and asked for help with determining a better method. Jim Bussell, the MDA Coordinator for the Rapid City Fire Department, spoke about the Fill the Boot campaign. He thanked the Council for support, and he announced that the dates for the next Fill the Boot are May 26, 27 and 28. NON-PUBLIC HEARING ITEMS -- Items 1 – 78 Motion was made by Chapman, second by Costello and carried to open the public comment for items 1 – 57. Motion carried.

CITY COUNCIL APRIL 5, 2010

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Doug Kinniburgh spoke of the history with the stop light on East Saint Patrick Street and South Valley Drive (No. PW033010-18). He explained that unwarranted signals cause more accidents and asked the Council to not reinstall the light. Brendan Casey stated that the Ad Hoc Billboard Task Force (No. LF033110-23) does not fairly represent the sign industry, and he said there should be people who use the code on the committee. He also asked that one person is removed for conflict of interest and said he is available. Terry Olson also asked that representatives from the sign industry are part of the task force, and Jim Jackson expressed his disappointment in the make-up of the committee as well. Motion was made by Hadcock, second by Chapman and carried to close the public comment for items 1 – 57. CONSENT ITEMS – Items 1 – 50 The following items were removed from the Consent Items: 5. No. PW033010-01 – Approve a Request from Centerline to Appeal the Denial of the Request for

Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line allowing the same treatment to the west side of the lot that was previously approved for the east side of the lot.

6. No. PW033010-02 – Approve a Request from Renner and Associates to Appeal the Denial of the

Request for Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line, but not to proceed until a “waiver of right to protest” has been signed.

21. No. PW033010-18 – Proceed with reinstalling the traffic signal at the intersection of East Saint

Patrick Street and South Valley Drive.

23. No. 10RD001 - Approve a request by City of Rapid City for a Resolution for Road Name Change renaming a portion of Eglin Street to North Creek Drive on that portion of Eglin Street lying adjacent to Lot A, B and C in Menard Sub, the Balance of Tract B in the NW1/4, NE1/4, Less Lot H2, Section 32, T2N, R8E, Platted, the Railroad Right-of-Way, Lot 3 in Carefree Sub, Lot 1 and 2, Less Lot H1 in Carefree Sub all in the N1/2, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road and the Interstate 90 Interchange, west of Dyess Avenue and north of East Anamosa Street.

24. No. 10RD002 - Approve a request by City of Rapid City for a Resolution for Road Name

Change naming the unnamed right-of-way to Eglin Street on the previously unnamed portion of Lot PE1 of Lot “X” in the SE ¼, Section 29, T2N, R8E, and the right-of-way Lot H1 lying adjacent to Lots 1 and 2, in Carefree Sub, in the NE¼ of Section 32, T2N, R8E, and the Vacated Section Line Highway Adjacent to Lot “X”, and Lots 1 and 2, Carefree Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East North Street and Interstate 90 Interchange.

34. No. LF033110-23 – Confirm appointment of Stephanie Casey, Cody Champion, Marc Feliz, Barry

Hjort, Thomas Katus, Lisa Modrick, Russell Oubre, Rod Pettigrew, and Lysann Zeller to the Ad Hoc Billboard Task Force.

37. Request staff to bring forward a comprehensive plan amendment to the Southeast Area Future Land Use Plan to revise the plan to eliminate PRD overlay in the mobile home residential zoning districts located along South Valley Drive.


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Motion was made by Costello, second by Hadcock and carried to approve the following items as they appear on the Consent Items.

Alcoholic Beverage License Applications Set for Hearing (April 19, 2010) 1. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event

scheduled May 11, 2010 at Golden West Technologies, 2727 N. Plaza Drive.

2. MG Oil Company DBA Chances Casino, 1565 Haines Ave. Ste. D, for a Retail (on-off sale) Malt Beverage License TRANSFER from MG Oil Company DBA Warehouse Bar, 200 E. Main Street.

3. Charles Desmond DBA Ifrits Hookah Lounge, 725 St. Joseph Street, for a Retail (on-off sale)

Wine License

4. Curry Masala Inc. DBA Curry Masala, 510 St. Joseph Street, for a Retail (on-off sale) Malt Beverage License

Public Works Committee Consent Items 7. No. PW033010-03 – Approve Change Order No. 1 to Highmark, Inc. for the E. St. Francis Street,

E. St. Anne Street, Aspen Avenue, and E. Meade Street Water Main Reconstruction Project, Project No. W09-1810 / CIP No. 50626, for a decrease of $58,287.98.

8. No. PW033010-04 – Authorize Staff to Advertise for Bids for the 2010 Roadway Pavement

Marking Project, Project No. PM10-1861 / CIP No. 50593. Estimated Cost: $45,000.00. 9. No. PW033010-05 – Authorize Staff to Advertise for Bids for Saint Cloud Street Rehabilitation (7th

Street to 5th Street), Project No. ST10-1851 / CIP No. 50549. Estimated Cost: $160,000.00. 10. No. PW030910-12 – Authorize Mayor and Finance Officer to Sign the Pipeline License

Agreement #WL1080 between the City of Rapid City and the SD Department of Transportation for construction of a box culvert associated with the Knollwood Drainage Outfall Elements 2 and 20 Project, Project No. DR04-1390 / CIP No. 50312, for a one-time fee amount of $750.00.

11. No. PW033010-06 – Authorize Mayor and Finance Officer to Sign Addendum No. 1 to the

Agreement with FMG, Inc. for construction observation services for the West Chicago Area Water Main Reconstruction Project, Project No. W08-1763 / CIP No. 50282, in the amount of $63,625.00.

12. No. PW033010-07 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the

Contract Between the City of Rapid City and Solar Sound Corporation, dba Lighting Maintenance. (Maintenance Contract for City Street Lights Project No. ST06-1148.)

13. No. PW033010-08 - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to

Rapid City Area Schools District pertaining to Central High School Expansion. 14. No. PW033010-09 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to

Montana-Dakota Utilities pertaining to Central High School Expansion. 15. No. PW033010-15A - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement

with Midcontinent Communications pertaining to Central High School Expansion.


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16. No. PW033010-15B – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement with Qwest Corporation pertaining to Central High School Expansion.

17. No. PW033010-14 – Authorize Mayor and Finance Officer to Sign a Professional Services

Agreement with Dream Design International, Inc. for the Omaha Pedestrian Crossing Relocation, Project No. ST10-1865 / CIP No. 50807, in the amount of $24,810.00.

18. No. PW033010-15 – Authorize Mayor and Finance Officer to Sign a Professional Services

Agreement with Ferber Engineering Company, Inc. for the Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, in the amount of $694,070.00.

19. No. PW033010-16 – Authorize Mayor and Finance Officer to Sign Amendment No. 5 to the

Agreement with Four Front Design (enVision) for the Red Rock Water Storage Reservoir, Project No. W03-1184 / CIP No. 50284, in the amount of $35,500.00.

20. No. PW033010-17 – Authorize Staff to Seek Proposals for Engineering Services for County

Heights Drainage Basin Design Plan Update, Project No. DR10-1870 / CIP No. 50757. Estimated cost: $50,000.00.

22. No. PW033010-19 – Acknowledge the Report from Bob Dominicak on Homestead Subdivision

Drainage Deadline. 25. No. 10VE004 - Approve a request by Renner & Associates, LLC for Rapid City Area School

District No. 1 for a Vacation of Utility Easement on Lots RU-302A and RU-302B of RU Subdivision located in the E1/2 of Section 35 and the W1/2 of Section 36, Sections 35 and 36, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Rapid City Central High School, north of Omaha Street between West Boulevard North and North Mount Rushmore Road.

RESOLUTION 2010-048

RESOLUTION OF VACATION OF UTILITY EASEMENT

WHEREAS it appears that a portion of the utility easement on Lot RU-302B of the Original Townsite of Rapid City, located in the East Half (E½) of Section Thirty-five (35) and in the West Half (W½) of Section Thirty-six (36), all in Township Two North (T2N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, is no longer needed; and

WHEREAS the owner(s) of the above-described property desire that said portion of the utility easement be vacated and released.

NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the utility easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein, is not needed and is hereby vacated.

Dated this 5th day of April, 2010. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer


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(SEAL)

RESOLUTION 2010-049 RESOLUTION OF VACATION OF

TELEPHONE EASEMENT

WHEREAS it appears that a portion of the telephone easement on Lot RU-302A of the Original Townsite of Rapid City, located in the East Half (E½) of Section Thirty-five (35) and in the West Half (W½) of Section Thirty-six (36), all in Township Two North (T2N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, is no longer needed; and

WHEREAS the owner(s) of the above-described property desire that said portion of the telephone easement be vacated and released.

NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the telephone easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein, is not needed and is hereby vacated.


(SEAL)

26. No. 10VE006 - Acknowledge the request for withdrawal by Fisk Land Surveying & Consutling

Engineers for Mandalay Homes, LLC to consider an application for a Vacation of Utility and Minor Drainage Easement on Lots 10 and 11 of South Pointe Subdivision, located in the NE1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Parkview Drive and E. Enchanted Pines Drive.

27. No. 10VE007 - Approve a request by FMG, Inc. for RDSS Limited Partnership for a Vacation of

Easement on Lot 1 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Concourse Drive.

RESOLUTION 2010 - 045

RESOLUTION OF VACATION OF A PORTION OF A UTILITY AND MINOR DRAINAGE EASEMENT

WHEREAS it appears that a portion of the utility and minor drainage easement on Lot 1 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Concourse Drive, is no longer needed; and WHEREAS the owner(s) of the above-described property desire that said portion of the utility and drainage easement be vacated and released.


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NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the utility and drainage easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein, is not needed and is hereby vacated.


(SEAL)

28. No. 10TP009 – Approve 2010-2014 Transportation Improvement Program Amendment No.10-

003R. Legal & Finance Committee Consent Items 29. No. LF033110-18 – Confirm appointment of Richard Proell to the RSVP Advisory Council. 30. No. LF033110-19 – Confirm appointment of Garry Black to the Green Cities Task Force to

replace Roger Hall. 31. No. LF033110-20 – Confirm appointment of Duane Baumgartner, Pat Roseland and Shawn Krull

to the Ad Hoc Dakota Middle School Review Committee. 32. No. LF033110-21 – Confirm reappointment of Barry Hjort and Susan Timmons to the Human

Relations Commission for three year terms. 33. No. LF033110-22 – Confirm appointment of the Plumbing Board to serve as the 2009 Uniform

Plumbing Code Ad Hoc Review Board. 35. No. LF033110-24 – Acknowledge report on the undesignated cash balance. 36. No. LF033110-25 – Acknowledge overview of the 2012 cash balance spreadsheet. 38. No. LF033110-02 – Approve Event Permit for Rapid City Summer Nights, Inc. for closure of 7th

Street from Kansas City Street to Main Street for Summer Nights. 39. No. LF033110-16 – Authorize Mayor and Finance Officer to sign Amendment No.1 to State of

South Dakota Historical Preservation Allocation Award between State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission for Project SD-09-015 Reallocating Funds in the amount of $6,500 in the Approved Historic Preservation Grant.

40. No. LF033110-17 – Find that all feasible and prudent alternatives to the demolition of the garage

at 1011 St. Joseph Street have been pursued and that all possible planning to minimize harm to historic property has taken place.

41. No. 10TP014 – Approve Resolution (No. 2010-039) for Transportation Improvement Program

Projects Funded by the Urban Systems Program in 2011– 2015.

RESOLUTION 2010-039


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FEDERAL AID SURFACE TRANSPORTATIONPROGRAM RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, the City of Rapid City, South Dakota desires the construction and improvement of the road and/or bridge as hereinafter described:

Fiscal Year Location of Project Length Type of Improvement

2011 East North Street from Pine St. to Cambell St.

0.42 Grading, Intersection Imp, Traffic Signals, C&G, Storm Sewer, Sidewalk, PCCP, Lighting

2013 East North Street from Maple Ave. to Pine St.


2014 Anamosa Street from Midway St. to Milwaukee St.

0.5 Preliminary Engineering, ROW, Grading, Widening, Intersection Imp, Traffic Signals, C&G, Storm Sewer, Sidewalk, PCCP, Lighting

2015 East Blvd & East North St. from St. Joseph St. to Maple Ave.


AND WHEREAS, the City of Rapid City, South Dakota is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements. AND WHEREAS, the City of Rapid City, South Dakota is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds. NOW THEREFORE IT BE RESOLVED: That the South Dakota Department of Transportation be and hereby is authorized and requiested to program for construction, in accordance with the “Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” The projects described. East North Street from Pine St. to Cambell St. (replaces 00KC) STP Funds: $4,500,000 Local Funds (if needed to meet construction year): $0 Proposed Year of Construction: 2011 East North Street from Maple Ave. to Pine St. (replaces 00KC) STP Funds: $2,800,000 Local Funds (if needed to meet construction year): $500,000 Proposed Year of Construction: 2013 Anamosa Street from Midway St. to Milwaukee St. (Combine 005V and 01TV) STP Funds: $3,750,000 Local Funds (if needed to meet construction year): $0 Proposed Year of Construction: 2014


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East Blvd. and Easy North St. from St. Joseph St. to Maple Ave. STP Funds: $1,200,000 Local Funds (if needed to meet construction year): $3,000,000 Proposed Year of Construction: 2015 Dated this 5th day of April, 2010. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

42. No. LF033110-03 – Approve Resolution No. 2010-035 Fixing Time and Place for Hearing on

Assessment Roll for Cleanup of Miscellaneous Property.

RESOLUTION FIXING TIME AND PLACE FOR HEARING ON ASSESSMENT ROLL FOR CLEANUP OF MISCELLANEOUS PROPERTY

BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The Assessment Roll for Cleanup of Miscellaneous Property was filed in the Finance Office on the 5th day of April 2010. The City Council shall meet at the City / School Administration Center in Rapid City, South Dakota, on the 3rd day of May 2010 at 7:00 P.M., this said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The Finance Officer is authorized and directed to prepare a Notice stating the date of filing the assessment roll, the time, and place of hearing thereon; that the assessment roll will be open for public inspection at the Office of the Finance Officer, and referring to the assessment roll for further particulars. 3. The Finance Officer is further authorized and directed to publish notice in the official newspaper one week prior to the date set for hearing and to mail copy thereof, by first class mail, addressed to the owner or owners of any property to be assessed at his, her, or their last mailing address as shown by the records of the Director of Equalization, at least one week prior to the date set for hearing.


(SEAL)

43. No. LF033110-04 – Approve Resolution No. 2010-034 Declaring Property Surplus.

Resolution # - 2010-034 RESOLUTION DECLARING PROPERTY SURPLUS

WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes


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NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: Finance To be sold at the city auction. 2002 Ford Crown Victoria, VIN: 2FAFP71W02X157118, inventory # 001462. Street 1973 Ford E150 Concrete Van; VIN: P40BVS12492; license plate CTY1565. Police Items in Appendix A Equipment Maintenance To be sold at the city auction. Gateway computer w/keyboard, mouse and monitor, System #0382, Inventory #15561. S/N: 0011528590. Gateway CPU, System #0493, Inventory #15746, S/N: 0020933226 Public Works See Appendix B & C BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law.


(SEAL)

44. No. LF033110-05 – Acknowledge the following list of volunteers for workmen’s compensation

purposes: Ron Buskerud, Jim Ketchen, Dave Bartling, Art Alleger, Mike Rowe, Andy Morse, Jim Gray, Don Simmons, Dean Deegoyer, Leroy Dipasquale, Bill Haberstroh, John Treick, Frank Osborne, Rich Fiero, Ron Auwerter, Dale Russel, Tim Kretschmer, Scott Francis, Tex Crossland, Carole Dowling, and Trysta Schadow.

45. No. LF033110-06 – Authorize staff to advertise for bids for Founders Park Volleyball Courts Sand

Replacement Project No. PR09-6009. 46. No. LF033110-07 – Authorize Mayor and Finance Officer to sign South Dakota Department of

Transportation Application for Permit to Occupy Right of Way Encroachment. 47. No. LF033110-08 – Authorize Mayor and Finance Officer to sign Agreement Between the City of

Rapid City and Doeck, LLC for the Completion of Subdivision Improvements. 48. No. LF033110-11 – Approve Resolution (No. 2010-037) of Necessity for the Acquisition of Private

Property to be Used as Public Right of Way and as a Permanent Drainage Easement for Creek Drive through the Exercise of Eminent Domain.


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RESOLUTION NO. 2010-037

RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PRIVATE PROPERTY TO BE USED AS PUBLIC RIGHT OF WAY AND AS A PERMANENT DRAINAGE EASEMENT FOR

CREEK DRIVE THROUGH THE EXERCISE OF EMINENT DOMAIN WHEREAS, the City of Rapid City has determined that it is necessary to reconstruct a portion of Creek Drive, including replacement of a bridge over Rapid Creek, in order to facilitate public travel and development; and WHEREAS, the City of Rapid City has determined that the acquisition of additional land on which Creek Drive shall be reconstructed for public use is necessary before the reconstruction can occur; and WHEREAS, the City of Rapid City has attempted to negotiate acquisition of the right of way and has been unable to secure said real property under agreeable arrangements; and WHEREAS, the City of Rapid City is authorized to appropriate or damage private property for public purposes upon the payment of just compensation as set forth in various provisions of state law including but not limited to SDCL §§ 9-12-1(2), 9-27-1, 31-19-23. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the City finds it necessary to take for public purposes the following described real property: A tract of land to be designated as Lot H1 of Lot La of Lot L, located in the NE¼SW¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, consisting of approximately 12,388 square feet, more or less, as shown on Exhibit “A,” attached hereto and incorporated herein by reference; and A permanent major drainage easement over, under and across Lot La of Lot L, located in the NE¼SW¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, consisting of approximately 5,123 square feet, more or less, as shown on Exhibit “B,” attached hereto and incorporated herein by reference; and BE IT FURTHER RESOLVED that said real property be and hereby is condemned and taken for public purposes. BE IT FURTHER RESOLVED that the City of Rapid City hereby authorizes and directs the City Attorney to undertake legal proceedings to implement this Resolution of Necessity and to determine just compensation to be paid.


(SEAL)

49. No. LF033110-14 – Approve request from Sandra F. Curtis, d/b/a Granny’s Goodies for 2010 Ice

Cream Vending License. 50. No. LF033110-15 – Acknowledge raffle request from Harney League Sports. END OF CONSENT CALENDAR


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Motion was made by Costello, second by Waugh, to (No. PW033010-01) Approve a Request from Centerline to Appeal the Denial of the Request for Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line allowing the same treatment to the west side of the lot that was previously approved for the east side of the lot. Ellis indicated the applicant is exploring alternate options and asked that the item is continued. Substitute motion was made by Hadcock, second by Olson and carried to continue the item (No. PW03301001) to the April 19, 2010 City Council meeting. Motion was made by Costello, second by LaCroix, to (No. PW033010-02) Approve a Request from Renner and Associates to Appeal the Denial of the Request for Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line, but not to proceed until a “waiver of right to protest” has been signed. Chapman asked if WORP has been signed, and Ellis said he understands it has not. Chapman indicated he is opposed to the service lines crossing in general terms and suggested continuation until the WORP has been signed. Substitute motion was made by Chapman, second by Hadcock, to continue the item (No. PW033010-02) to the April 19, 2010 City Council meeting. Responding to Kooiker, Green explained that the original motion is an approval with stipulations. Upon roll call vote being taken, the following voted AYE: Olson, Martinson, LaCroix and Chapman; NO: Weifenbach, Kroeger, Hadcock, Waugh, Kooiker and Costello. Motion failed. Upon vote being taken on the original motion to approve with stipulations, motion carried with one NO from Chapman. Motion was made by Costello, second by Kooiker, to (No. PW033010-18) Proceed with reinstalling the traffic signal at the intersection of East Saint Patrick Street and South Valley Drive. Ellis gave a brief history on the intersection and indicated the stop light is unwarranted based on an analysis by the traffic engineer. He also explained that there was a neighborhood meeting with the majority of people in support of reinstalling the light. He estimated about 57 people attended the meeting. Hadcock spoke against reinstalling the light due to recommendations by our Public Works Department and a traffic engineer who lives in the area. Substitute motion was made by Hadcock, second by Olson, to not proceed with the light installation. Responding to Chapman, Ellis said he recommended the light not be installed as they cause more problems than they solve when they are unwarranted. Kooiker cited several intersections throughout the city that have lights or stop signs that are unwarranted by definition, and he stated his support for installing the signal. Responding to Hadcock, Ellis confirmed there are no current studies in Rapid City regarding safety factors of unwarranted lights. He also indicated that the insurance company for the carrier who ran into the light will bear the cost of reinstalling it. Olson asked about the visibility issues, and Ellis said those issues will be addressed. Upon roll call vote being taken, the following voted AYE: Hadcock and Olson; NO: Weifenbach, Kroeger, Waugh, Martinson, Kooiker, Costello, LaCroix and Chapman. Motion failed. Hadcock reiterated that she wanted to help citizens and come up with a different solution. Ellis clarified that there were 31 people in attendance at the neighborhood meeting with 17 in favor of reinstalling. Upon vote being taken on the original motion to proceed with installation, motion carried. Motion was made by Olson, second by Chapman to continue (No. 10RD001) a request by City of Rapid City for a Resolution for Road Name Change renaming a portion of Eglin Street to North Creek Drive on that portion of Eglin Street lying adjacent to Lot A, B and C in Menard Sub, the Balance of Tract B in the NW1/4, NE1/4, Less Lot H2, Section 32, T2N, R8E, Platted, the Railroad Right-of-Way, Lot 3 in


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Carefree Sub, Lot 1 and 2, Less Lot H1 in Carefree Sub all in the N1/2, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road and the Interstate 90 Interchange, west of Dyess Avenue and north of East Anamosa Street; and (No. 10RD002) a request by City of Rapid City for a Resolution for Road Name Change naming the unnamed right-of-way to Eglin Street on the previously unnamed portion of Lot PE1 of Lot “X” in the SE ¼, Section 29, T2N, R8E, and the right-of-way Lot H1 lying adjacent to Lots 1 and 2, in Carefree Sub, in the NE¼ of Section 32, T2N, R8E, and the Vacated Section Line Highway Adjacent to Lot “X”, and Lots 1 and 2, Carefree Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East North Street and Interstate 90 Interchange to the July 6, 2010 City Council meeting. Motion carried. Motion was made by Olson, second by Chapman, to (No. LF033110-23) Confirm appointment of Stephanie Casey, Cody Champion, Marc Feliz, Barry Hjort, Thomas Katus, Lisa Modrick, Russell Oubre, Rod Pettigrew, and Lysann Zeller to the Ad Hoc Billboard Task Force. Kooiker said there should be representation from the sign industry. Substitute motion was made by Kooiker, second by Hadcock, to continue the item to the April 19, 2010 City Council meeting to allow two names to be brought forward from the sign industry and to add a 30 day extension to the moratorium. Hadcock said there needs to be at least one person from the sign industry on the committee as they can help find a solution. Mayor Hanks said he assumed he appointed Stephanie Casey as a representative from the sign industry, and he pointed out that Brendan Casey and Terry Olson did not apply. He did not feel Mr. Jackson could be unbiased, so he did not appoint him. Chapman mentioned that a name was questioned, and he feels it is reasonable to ask the Mayor to take another look at the list. Green clarified that the motion is a continuation motion and other items should be acted on separately. Olson asked for clarification of the motion. Substitute motion was changed by Kooiker and agreed by Hadcock to continue the item to the April 14, 2010 Legal and Finance Committee meeting. Responding to Chapman, Mayor Hanks indicated he will take additional applications from sign industry. Responding to Kroeger, Casey said he did send his application in by email, and Olson said he emailed all Council members and the Mayor to volunteer Lamar’s time. He did not know he had to fill out an application form. Mayor Hanks stated he has not seen an application from Lamar or Epic. Weifenbach said he is ready to move forward and is comfortable with the list if the Mayor is. Green said appointments must be brought forward by the Mayor so referring this to Legal and Finance is the correct process. Weifenbach indicated he does not want to extend the time frame. Motion carried with one NO from Weifenbach. Motion was made by Olson, second by Waugh, to request staff to bring forward a comprehensive plan amendment to the Southeast Area Future Land Use Plan to revise the plan to eliminate PRD overlay in the mobile home residential zoning districts located along South Valley Drive. Responding to Kroeger, Elkins described the process and indicated the effective date would be approximately July 7, 2010. She explained it is the same process to adopt the comprehensive plan amendment as it is to modify. This is the process established in state statute, and the current rules remain in place until an amendment is approved. Kroeger asked if the Council can override if someone came forward with a request to build in the area. Green said the Council does not have that authority as Council actions must be consistent with the adopted comprehensive plan until the amendment is in place. Responding to Hadcock, Elkins said there were five PRDs approved to date and there is one pending. Green said the fee is part of the application and it is impermissible use tax dollars to pay the fee on behalf of a private property. Hadcock expressed her concern with the process and said things need to change. Weifenbach also indicated his concern, and responding to a question, Elkins explained the comprehensive plan and PRD in further detail. Elkins said that the amendment will eliminate the designation of mobile home with planned development. Weifenbach indicated that this should be fixed tonight, and Green said it is not legally possible to do this in one night. Green said the only thing to do is go through the process as described to adopt a zoning ordinance that does not include a planned development designation. Responding to


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Weifenbach, Elkins said some properties are mobile home residential and some are still in the no use designation. Mayor Hanks explained that the process started when the Council adopted the future land use plan in September of 2008 prior to the annexation, and Elkins added that the property owners signed the planned development designation after being contacted. Weifenbach reiterated his concerns and the need to expedite the process. Amendment motion was made by Kooiker, second by Martinson, to authorize for staff to send out a first class mailing at the first feasible opportunity advising all affected residents that Council is considering repeal of the overlay and to notify all pending applicants. Mayor Hanks and Elkins confirmed they have already received notice, and Kooiker clarified he is asking they are notified of tonight’s decision. Kooiker said he voted for the amendment but did not realize what this would do. Amendment motion carried. Chapman said the request on the agenda gets the Council where it wants to go, and he cautioned the Council on making decisions on the fly. Responding to Chapman, Elkins said other similar areas will be addressed after tonight. Hadcock said you need to hold people accountable and believes the property owners did not know about the PRD. She said she would not put a PRD on a mobile home park because they would not be able to afford it. She reiterated that someone needs to change the process if it is not working. Olson asked her colleagues to be sure to read Planning Commission reports carefully and understand what is happening in any stage of planning. Weifenbach referred to the plan and asked that the City Attorney look into legality of the comprehensive plan that is overlaid on this particular area. He said this inhibits the existing structures that are there. Responding to Mayor Hanks, Elkins confirmed Council members are invited when we are looking at adopting future land use plans and she encouraged Council to participate in that process. Weifenbach said that we have qualified staff members to tell them what is going on as Council is there to represent their constituents. Kooiker said his understanding of the original intent of this was that it would be compatible with the neighborhood, and he has gathered that the original intent of the Future Land Use Committee was to force the trailer homes to be removed. He pointed out that those meetings need to be documented, which has now been fixed. Elkins indicated she wants the land use plans to be a product that Council is comfortable with as is the Planning Commission. Elkins said staff did have concerns about the area and revisited it in July 2009. She said discussion was about how to upgrade the area and see that the area would improve over time. Upon vote being taken on the original motion as amended, motion carried. CONTINUED CONSENT ITEMS – Items 51 – 57 Motion was made by Costello, second by Olson and carried to approve the following items as they appear on the Continued Consent Items. Continue the following items until April 19, 2010: 51. No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on

Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

52. No. 09PL047 - A request by Centerline, Inc. for PLM Land Development, LLC for a Preliminary

Plat on Lots 36 thru 53 of Block 1 of PLM Subdivision, located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern extension of Conestoga Court.


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53. No. 09PL072 - A request by Renner & Associates for Royal Nielsen for a Preliminary Plat on Lots A and B of Lot 15 Revised of Hillsview Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 15 revised of Hillsview Subdivision and the sought 293 feet of Lot 6 of Marshall Subdivision, located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of East S.D. Highway 44 between Rockhill Road and Hillside Drive.

54. No. 09PL074 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for

a Preliminary Plat on Lots C, D and E of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet less north 8.5 feet of Block 103, the west 50 feet less the north 8.5 of Block 102, the east 115 feet less the north 8.5 feet of Block 102 all in Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

55. No. 09PL086 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1, 2 and 3

of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

56. No. 10PL005 - A request by Renner & Associates for Randy Ruthford for a Preliminary Plat on

Lots 1 and 2 of Monte Vista Subdivision located in the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 9 and the north 25 feet of Lot 10 of Block 3 of Lot 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2019 and 2021 Monte Vista Drive.

57. No. 10PL012 - A request by Renner & Associates for Randy Ruthford for a Layout Plat on Lot A

of Lot 24 of Acre Tract and Lot 3R of Block 6 of Pleasant Valley Subdivision, located in the SW1/4 of the SW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 of Lot 24 of Acre Tract and Lot 3 of Block 6 of Pleasant Valley Subdivision, located in the SW1/4 of the SW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 204 South Canyon Road and 213 Philip Drive.

END OF CONTINUED CONSENT ITEMS NON-CONSENT ITEMS – Items 58 – 78 Motion was made by Costello, second by Olson and carried to open the public comment for items 58 - 78. Bill Kessloff, Clancy Kingsbury, Dan Tribby, Deann Farrar, Fred Thurston, Linda Rabe and Dan Senftner all spoke in support of the BID. Don Perdue stated his support for the BID but not the plaza. Joy McCracken spoke in support of the Lemmon Avenue project (No. PW030910-01), and she briefly described the area. Ron Sasso asked if there is a deadline for travel requests from Council members who will be ending their term, and Mayor Hanks briefly explained the travel policy. Motion was made by Olson, second by LaCroix and carried to close the public comment for items 58 - 78.


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Ordinances Ordinance 5598 (No. LF033110-13) An Ordinance to Revise the Penalty for Reckless and Careless Driving by Amending Section 10.12.340 of the Rapid City Municipal Code. Motion was made by Olson, second by Kroeger, and carried that Ordinance 5598 be placed upon its first reading, and the title was fully and distinctly read and second reading set for Monday, April 19, 2010. Ordinance 5588 (No. 10RZ008) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the east 88 feet of Lot D of the NE1/4 NW1/4 less Lot H1 and Lot 6 of Wood Subdivision, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Elk Vale Road and north of School Drive. Motion was made by Olson, second by Kroeger, to deny first reading of Ordinance 5588. Elkins explained there is a subsequent item to approve a different rezoning that came from Planning Commission. Motion carried. Motion was made by Olson, second by Costello and carried to continue Items 60 – 63 to the May 3, 2010 City Council meeting. 60. No. 10RZ016 - First Reading, Ordinance 5600, An Ordinance Amending Section 17.06 of

Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Office Commercial District to General Commercial District of a portion of the S½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza, common to the southeasterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 175.21 feet, to the point of beginning; Thence first course: S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 30.39 feet, to the southeasterly corner of said Lot 3, common to the southwesterly corner of Lot 2of Block 2 of Fifth Street Office Plaza; Thence second course: S81º55’52”E, along the southerly boundary of said Lot 2, a distance of 60.98 feet, to a corner on the southerly boundary of said Lot 2; Thence third course: S72º01’35”E, along the southerly boundary of said Lot 2, a distance of 161.84 feet, to the southeasterly corner of said Lot 2; Thence fourth course: N17º47’24”E, along the easterly boundary of said Lot 2, a distance of 2.28 feet; Thence fifth course: curving to the left, on a curve with a radius of 220.67 feet, a delta angle of 09º04’29”, a length of 34.95 feet, a chord bearing of S07º51’03”W, and chord distance of 34.92 feet; Thence sixth course: S03º19’17”W, a distance of 6.07 feet; Thence seventh course: N83º19’13”W, a distance of 116.68 feet; Thence eighth course: N54º45’41”W, a distance of 151.94 feet, to the point of beginning, located north of Stumer Road and south of Fifth Street.

61. No. 10RZ017 - First Reading, Ordinance 5601, An Ordinance Amending Section 17.06 of

Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Office Commercial District to General Commercial District of a portion of the SW¼ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at southeasterly corner of Lot 21 of Block 4 of Eastridge Estates Subdivision, common to the southwesterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S54º58’38”E, a distance of 42.23 feet, to the point of beginning; Thence first course: S89º44’01”E, a distance of 29.43 feet; Thence second course: N80º14’20”E, a distance of 61.38 feet; Thence third course: S00º00’01”E, a distance of 397.37 feet; Thence fourth course: N89º44’34”W, a distance of 176.15 feet; Thence fifth course: N12º34’56”E, a


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distance of 395.82 feet, to the point of beginning, located northeast of the intersection of Stumer Road and Black Hills Boulevard.


Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Public District to General Commercial District of a portion of the S½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza, common to the southeasterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 65.73 feet, to the point of beginning; Thence First course: S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 109.48 feet; Thence Second course: S54º45’40”E, a distance of 151.94 feet; Thence Third course: S83º19’13”E, a distance of 383.89 feet; Thence Fourth course: S06º40’47”W, a distance of 50.00 feet; Thence Fifth course: N83º19’18”W, a distance of 396.61 feet; Thence Sixth course: N54º45’41”W, a distance of 262.07 feet, to the point of beginning, located north of Stumer Road and west of Fifth Street.


Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from General Commercial District to Public District of a portion of the E½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 2 of Fifth Street Office Plaza, common to the northeasterly corner of Lot 2 of Block 2 of Fifth Street Office Plaza, common to a point on the southerly edge of Fifth Street right-of-way, thence S62º29’41”E, along the northerly boundary of said Lot 1, common to the southerly edge of said Fifth Street right-of-way, a distance of 268.61 feet, to the point of beginning; Thence First course: S62º29’41”E, along the northerly boundary of said Lot 1, common to the southerly edge of said Fifth Street right-of-way a distance of 203.98 feet; Thence Second course: S27°26’24”W, a distance of 200.74 feet; Thence Third course: N83º19’13”W, a distance of 218.49 feet; Thence Fourth course: N27º30’19”E, a distance of 278.42 feet, to the point of beginning, located north of intersection of Parkview Drive and Fifth Street on the west side of Fifth Street.

Ordinance 5604 (No. 10RZ023) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District of Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. Highway 79 and School Drive and west of Elk Vale Road. Motion was made by Olson, second by LaCroix and carried that Ordinance 5604 be placed upon its first reading, and the title was fully and distinctly read and second reading set for Monday, April 19, 2010. Ordinance 5591 (No. LF031010-13) An Ordinance Establishing the Downtown Business Improvement District by Adding Chapter 3.25 to the Rapid City Municipal Code having passed its first reading March 15, 2010; motion was made by Olson, second by Weifenbach, that the title be read the second time. Kooiker asked about the funding of Main Street Square and the sequencing of the establishment of the Square versus the St. Joe project. Responding to Kooiker, Senftner estimated Main Street Square would be self sufficient within 36 months. Kooiker confirmed this ordinance does not commit future Councils to an annual subsidy and that would be a discussion that would come up at each annual budget. Senftner was unsure of the movement on the St. Joe Street project and indicated there is parking availability in the ramp. Responding to Mayor Hanks, Senftner confirmed there will be no request for a subsidy. Hadcock said this project is an asset to build off and many people of supported this to make it happen. She is proud to pay for it as a property owner in Zone 2 and said it is about what it will do for the whole area.


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She said this is an exciting project and thanked those involved. Olson indicated her support for the project. She said this is something we will be proud of and will look back and see it as a turning point that was positive. LaCroix mentioned the education people got elsewhere and brought it back here to make this happen. He said this will make a positive difference in the community and the momentum is there. Costello asked if the BID is tied to Main Street Square. Green said as written it is not necessarily tied to it, but that is what the proponents intend to use the fund to promote and operate. Costello suggested installing wireless internet throughout the entire district with the funds and said the cost would be very small compared to Main Street Square. Chapman said he supports second reading as it enhances the entire community. He hopes that Costello’s idea will be taken under advisement and is proud that the number of people against the BID seems to have dwindled. Weifenbach discussed the success of downtown areas in other communities and hopes this keeps moving downtown forward. Upon vote being taken, the following voted AYE: Waugh, Martinson, Kooiker, Costello, LaCroix, Chapman, Olson, Weifenbach, Kroeger and Hadcock; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5591 was declared duly passed upon its second reading. Legal & Finance Committee Items Russ Tiensvold reviewed the updates to the City website. Hadcock expressed thanks to Tiensvold for the updates for transparency with the website. Chapman also expressed his thanks and said soon IT will be its own department. He also suggested posting major announcements on the social media networks. Weifenbach expressed his appreciation and said our website is top notch. Motion was made by Waugh, second by Costello and carried to acknowledge the report. Motion was made by Olson, second by Kroeger, to (No. LF033110-09) Authorize Mayor and Finance Officer to sign Amendment to Agreement between the City of Rapid City and DTH, LLC Regarding the Project Responsibilities and Project Cash Flow and the Construction of a Water Reservoir and Water Booster Station for Tax Increment District 54 Rainbow Ridge. Motion carried with one NO from Hadcock. Motion was made by Olson, second by Kroeger, to (No. LF033110-10) Authorize Mayor and Finance Officer to sign Third Amended Developer’s Agreement for TIFD 54 Rainbow Ridge. Responding to Kooiker, Green explained the amendment. He also confirmed this does not involve surety and does not impact the interest rate. Hadcock said she is opposed as she is waiting for Big Sky to finish some roads. Kooiker referred to section 7 on page 4 of the agreement referring to a 9% interest rate and said that is unacceptable. Substitute motion was made by Kooiker, second by Costello, to continue the item to the April 19, 2010 City Council meeting to allow time for section 7 to be amended to include a more reasonable interest rate. Mayor Hanks explained that there is a cap of 9% in hopes the developer can receive a better interest rate. Green explained the caps and said he does not know the rate today. Chapman indicated there is different language used in TIF plans, and Green explained that the language is used in new developer’s agreements. He said we only address issues in amendments that are necessitating the amendment at the time. Green said if the Council wants to alter terms we would probably have to renegotiate with the developer and the bank. Hadcock asked if the financing starts over or if it continues as is from when it was first set up. Elkins indicated we do not lose the increment and said the interest cost is not changing in this district. She said the only change is the time frames attached to it. Responding to Weifenbach, Elkins said this TID involves Rainbow Ridge and numerous other properties in North Rapid. Mayor Hanks clarified the Council has said they will not accept any surety from this developer but they can continue to develop property. Ellis indicated that the developer will pay for design services and the City will administer the design. When we go to bid, the developer will have to give us a check for $675,000 for the reservoir and $540,000 for the booster station. If prices at public bid come in above that, the City will cover the cost to oversize the reservoir. Responding to Weifenbach, Green explained that the developer can still build as long as the property owner installs the required improvements. LaCroix pointed out some accomplishments of this TIF. Upon roll call vote being taken,


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the following voted AYE: Kooiker and Costello; NO: Kroeger, Hadcock, Waugh, Martinson, LaCroix, Chapman, Olson and Weifenbach. Motion failed. Upon roll call vote being taken on the original motion to approve, the following voted AYE: Waugh, Martinson, Costello, LaCroix, Chapman, Olson, Weifenbach and Kroeger; NO: Hadcock and Kooiker. Motion carried. Public Works Committee Items Mayor Hanks recommended acknowledging the request in order to find a funding source within the current and 2011 budget. Motion was made by Costello, second by LaCroix, to acknowledge (No. PW030910-01) A Request for Water Funding Allocation for the Lemmon Avenue Community Garden – Lemmon Avenue Block Club and NeighborWorks Dakota Home Resources. Chapman expressed appreciation for what will create more community gardens and hopes we will think about funding for future community gardens as well. Responding to Weifenbach, Mayor Hanks indicated that they are in essence approving their request. Olson pointed out that the garden will be using the composting material from the landfill. Motion carried. Motion was made by Kroeger, second by Olson, to (No. LF031010-01) Authorize Mayor and Finance Officer to Sign an Amended Agreement between the City of Rapid City and DTH, LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Rainbow Ridge Subdivision. Elkins reviewed what has happened to date. Weifenbach asked about a safeguard to cashing in surety, and Green indicated there is a tracking mechanism in place. Elkins stated that Growth Management tracks them with a database and said they have called on surety in the past. Hadcock said there needs to be a different tracking system, and Elkins briefly described their tracking process. Responding to Kooiker, Elkins recommended entering into the agreement. If we pull surety, Green confirmed it is legally the responsibility of the developer, but once we have the funds, we have the obligation to do something with them. Kooiker felt that we are sending the wrong message and that there is not accountability. He was disappointed the recommendation is not to deny. Elkins indicated the recommendation is to protect the taxpayers in this specific instance. Responding to Weifenbach, Elkins confirmed the lots in the area are build able. Upon roll call vote being taken, the following voted AYE: Waugh, Martinson, Costello, LaCroix, Chapman, Olson and Kroeger; NO: Kooiker, Weifenbach and Hadcock. Motion carried Motion was made by Costello, second by LaCroix and carried to (No. 09VE009) Approve a request by Davis Engineering, Inc. for a Vacation of a portion of a Major Drainage Easement on Lots 8 and 9 of Block 6 of Murphy Ranch Estates Subdivision, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 6187 Flintlock Court with the following stipulations: The drainage channel located along the common lot line of Lots 8 and 9, Block 6 of Murphy Ranch Estates shall be reconstructed as a concrete drainage channel in compliance with the approved plans.

RESOLUTION 2010 - 044 RESOLUTION OF VACATION OF A MAJOR DRAINAGE EASEMENT

WHEREAS it appears that a major drainage easement on Lot 8 of Block 6 of Murphy Ranch Estates Subdivision, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 6187 Flintlock Court, is no longer needed; and

WHEREAS the owner(s) of the above-described property desire that said portion of the utility and drainage easement be vacated and released.


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NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the utility and drainage easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein by this reference, is not needed and is hereby vacated. Dated this 5th day of April, 2010. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL) Motion was made by Costello, second by LaCroix to (No. 10FV002) Approve a request by FourFront Design, Inc. for Eagle Ridge Properties, LLC for a Fence Height Exception to allow a six foot high fence within the 25 foot front yard setback on Lots 2A and 2B of Block 1 of Black Hills Center, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 121 Stumer Drive with the following stipulations: 1. The fence shall be constructed in conformance with the architectural plans and elevations and color palette submitted as part of this Fence Height Exception; and 2. The fence shall be constructed on the applicant’s property, outside of the adjacent Stumer Road right-of-way. Responding to Weifenbach, Elkins indicated that the adjacent homeowners have requested the six foot fence. Motion carried. Motion was made by Costello, second by LaCroix and carried to (No. 10VE005) Approve a request by Renner & Associate, LLC for Rapid City Area School District No. 1 for a Vacation of Utility Easement on Tract 19 less Lot H-1 of Rapid City Greenway Tract, located in the E1/2 of Section 35, and the W1/2 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Rapid City Central High School, north of Omaha Street between West Boulevard North and North Mount Rushmore Road with the following stipulations: 1. Prior to the Public Works Committee meeting, written documentation shall be obtained from Knology indicating concurrence with the proposed vacation of easement request; and, 2. Prior to the Public Works Committee meeting, the alternate easement locations shall be recorded at the Register of Deed’s Office and a copy of the recorded document(s) shall be submitted to the Growth Management Department.


GAS LINE EASEMENT

WHEREAS it appears that a portion of the gas line easement on Tract 19 of Rapid City Greenway Tract, located in the East Half (E½) of Section Thirty-five (35) and in the West Half (W½) of Section Thirty-six (36), all in Township Two North (T2N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, is no longer needed; and

WHEREAS the owner(s) of the above-described property desire that said portion of the gas line easement be vacated and released.

NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the gas line easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein, is not needed and is hereby vacated.

Dated this 5th day of April, 2010. CITY OF RAPID CITY


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ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)


TELEPHONE EASEMENT

WHEREAS it appears that a portion of the telephone easement on Tract 19 of Rapid City Greenway Tract, located in the East Half (E½) of Section Thirty-five (35) and in the West Half (W½) of Section Thirty-six (36), all in Township Two North (T2N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, is no longer needed; and

WHEREAS the owner(s) of the above-described property desire that said portion of the telephone easement be vacated and released.

NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the telephone easement heretofore described, as shown on Exhibit "A", attached hereto and incorporated herein, is not needed and is hereby vacated. Dated this 5th day of April, 2010. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL) Bids The following company submitted a bid for No. CC040510-02.1 – One (1) New Current Model Year One Ton Truck opened March 30, 2010: Boyer Trucks. Staff reviewed the bid and recommends bid award to Boyer Trucks. Motion was made by LaCroix, second by Chapman, to award the bid to the lowest responsible bidder, Boyer Trucks, in the amount of $23,536.00. Responding to Weifenbach, Ellis described the vehicle that this is replacing. Motion carried. The following companies submitted bus for No. CC040510-02.2 – Oak Avenue, Oak Drive, and Oakland Street, Street Reconstruction Project Phase Two – Project Four, Project No. ST09-1824 / CIP No. 50424 opened March 30, 2010: Rapid Construction LLC, RCS Construction, Simon Contractors of SD Inc., and Hills Materials Company. Staff reviewed the bids and recommends bid award to R.C.S. Construction. Motion was made by LaCroix, second by Olson and carried to award the bid to the lowest responsible bidder, R.C.S. Construction, in the amount of $1,884,189.50. Council Items & Liaison Reports Alderman Hadcock explained an event that will be held for the Year of Unity Celebration on April 19, 2010 and said the committee will be having celebrations around the area and state this year. This will help everyone have an understanding of what Native Americans do around the country for economics and other issues. LaCroix said this is a positive result of many things and moving forward with this will help bridge the gap between Native Americans and non-natives. Responding to Hadcock, Dan Tribby


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briefly spoke about the Year of Unity. LaCroix agreed that we need to focus on the positive, and he offered to make copies of a CD of his great grandmother speaking a prayer in Lakota. Chapman said he thinks this is important and said this is about creating an awareness of respect. Motion was made by Chapman, second by LaCroix and carried to acknowledge the report. Kooiker addressed the Review of Council Notification Procedures. He said he found out about the complaint by the ACLU through the media and said there should be a better process for notification of Council members. He explained there was some frustration because Council was not responding to messages but said they did not have all of the information. He said it is important to follow a process and felt it would be appropriate to establish as policy that the Council is notified at the next Council meeting at the latest. Motion was made by Olson, second by Waugh, to continue the item to the April 19, 2010 City Council meeting. Responding to Weifenbach, Green explained there is not a notification policy, and he explained the difference in notification of a complaint, a claim and litigation. Mayor Hanks explained the series of events and notification in the case of Jene Newsome and explained that in general he forwards any information that he feels the Council would be interested in. Chapman indicated it is hard pressed for the Council to establish policy at the Dias and suggested putting this item on the Legal and Finance meeting. Substitute motion was made by Costello, second by Olson, to continue the item to the April 13, 2010 Public Works meeting. Costello thanked the Mayor for the information he forwards, and Olson indicated her support for the motion. LaCroix briefly mentioned the use of a Blackberry but indicated he would bring this up at the committee meeting. The question was called by Waugh and there were no objections. Upon vote being taken, motion carried. Alderman Martinson announced that Jeff Key will be speaking at the School of Mines sponsored by the Black Hills Center for Equality, and she briefly described the event. Motion was made by Olson, second by Chapman and carried to acknowledge the report. Alderman Hadcock expressed her concern with the road conditions in Big Sky, and in response to a question, Green indicated the bonds expired before it was in Growth Management. Hadcock indicated she is looking for a solution and expressed her frustration with the process. Responding to LaCroix, Ellis said the sub base is causing the problem and discussed the increase in testing. Responding to Weifenbach, Elkins explained that the final projects were not inspected at that time, and she described the requirements if they do not meet standards now. She also explained staff is working to get several projects finalized. LaCroix pointed out the changes that have come forward have been positive. Motion was made by Costello, second by LaCroix and carried to acknowledge the report. Alderman Kooiker said that the Washington D.C. trip was presented to the Council on the basis of continuing education, so he voted in favor. He said it now seems as though it was a lobbying trip, and he requested a report on the trip. LaCroix supported a report at the next City Council meeting and mentioned that it is important for our representatives to meet with delegates. Motion was made by LaCroix, second by Kooiker, to continue the item to the April 19, 2010 City Council meeting. Hadcock said it was continuing education and lobbying is only part of that. Costello called point of order, but Mayor Hanks indicated that latitude has been given on other issues. Hadcock said Council members work hard until the end of their term and it is amazing to see what Chapman and Olson have done for this city. LaCroix requested to withdraw his motion, and there were no objections. Olson explained that the content of the visit to Washington D.C. was discussed by Council and it was clear that they were there to talk to delegation as well as continuing education. She also referred to a letter to the editor that she wrote. Chapman said he met with several individuals and groups in the community prior to going to Washington D.C. to determine important issues to share. He reported on the trip and what he did there, including education as well as lobbying. He said one previous concern about


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Rapid City was that people do not know we are here. He said the way to make sure people know that is to go out there and generate networking opportunities. He explained how one non-profit organization is about to get a million dollar grant because of doors opened through the National League of Cities. He said $3,000 is not a lot of money if you are investing and getting a return on that investment. Chapman explained that he went on eight trips last year and the city paid for two. He paid for the others on his own yet still went as an ambassador for Rapid City. Mayor Hanks briefly explained that he has not attended the National League of Cities since he has been Mayor due to politics, and he explained what he did when he recently traveled to Washington D.C. He said those who are traveling are making a difference and are taking time out of their lives. LaCroix briefly discussed the great representation by those who traveled to Washington D.C. Weifenbach said he has concerns if some feel politics stand in the way of them doing what is right for the city. He said if the citizens and Council are well engaged in what is happening before they do them a lot of the things that happen afterwards are alleviated. Motion was made by LaCroix, second by Costello, to acknowledge the report. Chapman said there are some things in motion and he will come back and report on those items. Motion carried. Staff Items Ellis indicated there are no changes to the (No. CC040510-03) Vision 2012 Report. Chapman gave a brief update on the status of Phase 4 of 2010. Motion was made by Costello, second by Olson and carried to acknowledge the report. PUBLIC HEARING ITEMS – Items 79 – 95 Motion was made by Costello, second by LaCroix and carried to open the public hearing for Items 79 – 95.

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 79 – 87 Motion was made by Costello, second by LaCroix and carried to approve the following items as they appear on the Continued Public Hearing Consent Items.

Continue the following items until April 19, 2010: 79. No. 09SV025 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for

a Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots C, D and E of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet less the north 8½ feet of Block 103, the west 50 feet less the north 8½ feet of Block 102, the east 115 feet less the north 8½ feet of Block 102 all in Mahoney Addition No. 2, located in the SE¼ of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

80. No. 09SV028 - A request by Dream Design International, Inc. for a Variance to the Subdivision

Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle, to reduce the width of the private access and utility easement from 49 feet to a verifying width of 46.9 feet to five feet, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the private access and utility easement, to reduce the width of the access easement from 49 feet to a verifying width of 40 feet to 20 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easement as per Chapter


23

16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

81. No. 10CA002 - A request by Jim Letner for an Amendment to the Adopted Comprehensive

Plan to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial on a portion of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning: Thence, first course: S00º06’11”W, along the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the westerly edge of the right-of-way of said Creek Drive, a distance of 265.72 feet, to a point on the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the westerly edge of the right-of-way of said Creek Drive; Thence, second course: N89º52’00”W, a distance of 581.46 feet, to a point on the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5; Thence, third course: N00º01’08”W, along the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, a distance of 265.72 feet, to the northwesterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the northeasterly corner of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, and common to a point on the southerly edge of the right-of-way of said East St. Charles Street; Thence, fourth course: S89º52’01”E, along the northerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the southerly edge of the right-of-way of said East St. Charles Street, a distance of 582.03 feet, to the northeasterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning, located south of E. St. Charles Street and west of Creek Drive.

82. No. 10RZ014 - A request by Jim Letner for a Rezoning from General Commercial District to

Light Industrial District on a portion of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning: Thence, first course: S00º06’11”W, along the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the westerly edge of the right-of-way of said Creek Drive, a distance of 265.72 feet, to a point on the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the westerly edge of the right-of-way of said Creek Drive; Thence, second course: N89º52’00”W, a distance of 581.46 feet, to a point on the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5; Thence, third course: N00º01’08”W, along the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, a distance of 265.72 feet, to the northwesterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the northeasterly corner of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, and common to a point on the southerly edge of the right-of-


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way of said East St. Charles Street; Thence, fourth course: S89º52’01”E, along the northerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the southerly edge of the right-of-way of said East St. Charles Street, a distance of 582.03 feet, to the northeasterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning, located south of E. St. Charles Street and west of Creek Drive.

83. No. 10RZ011 - A request by City of Rapid City for a Rezoning from No Use District to Mobile

Home Residential District on Lot 15 of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2709 Cactus Drive.


Home Residential District on Lot 17 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2803 Cactus Drive.


Home Residential District on Lot 30 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2706 Cactus Drive.

86. No. 10SV003 - A request by Renner & Associates for Randy Ruthford for a Variance to the

Subdivision Regulations to reduce the right-of-way width from 52 feet to 24 feet and to reduce the pavement width from 27 feet to 18 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Monte Vista Subdivision located in the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 9 and the north 25 feet of Lot 10 of Block 3 of Lot 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2019 and 2021 Monte Vista Drive.

87. No. 10VR001 - A request by FMG, Inc. for Good Samaritan Society for a Vacation of Right-of-

Way on The St. Martin's Road right-of-way located in the S1/2, excepting the southern 60.3 feet of said right-of-way, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of S.D. Highway 79 (Sturgis Road) and Hidden Valley Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS Motion was made by Costello, second by LaCroix and carried to close the public hearing for Items 79 – 95.

CONSENT PUBLIC HEARING ITEMS – Item 88 – 92 The following item was removed from the Consent Public Hearing Items:

92. MG Oil Company DBA Corner Pantry, 310 E. Fairmont Blvd. for a Package (off-sale) Malt

Beverage License TRANSFER from Robert Steihl DBA Circle S Convenience Store, 310 E. Fairmont Blvd.

Motion was made by Costello, second by Olson and carried to approve the following items as they appear on the Consent Public Hearing Items.

Growth Management Items


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88. No. 10CA003 – Approve a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Mobile Home Residential with a Planned Residential Development to Low Density Residential on Lot 5 of Melody Acres, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lot 3M of Melody Acres, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at 3010 and 2990 South Valley Drive.

RESOLUTION 2010 - 041

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 April, 2010, 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 would change the land use designation from Mobile Home Residential with a Planned Residential Development to Low Density Residential on Lot 5 of Melody Acres, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lot 3M of Melody Acres, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 3010 and 2990 South Valley Drive; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be amended to change the land use designation from Mobile Home Residential with a Planned Residential Development to Low Density Residential on Lot 5 of Melody Acres, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lot 3M of Melody Acres, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 3010 and 2990 South Valley Drive, as attached to the original hereof, and be filed with the City Finance Office.


(SEAL)

89. No. 10CA004 – Approve a request by City of Rapid City for an Amendment to the Adopted

Comprehensive Plan to change the land use designation from General Commercial to Low Density Residential on Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the north side of School Drive west of Elk Vale Road.

RESOLUTION 2010 - 042 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 April, 2010, 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 would change the land use designation from General Commercial to Low Density Residential on Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the north side of School Drive west of Elk Vale Road; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be amended to change the land use designation from General Commercial to Low Density Residential on Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the north side of School Drive west of Elk Vale Road, as attached to the original hereof, and be filed with the City Finance Office.


(SEAL)

Alcohol Licenses 90. Rapid City Summer Nights for special event Malt Beverage licenses for events scheduled on the

following dates in 2010: June 10, 17, and 24; July 1, 8, 15, 22, and 29; August 5, 12, 19, and 26; and September 2.

91. Lybecks Twenty First Century Inc. DBA Shenanigans Casino, 3788 E Hwy 44, for a Retail (on-off

sale) Malt Beverage License WITH Video Lottery TRANSFER from Harbry Enterprise Inc. DBA Buck N Gator Lounge, 4095 Sturgis Rd.

END OF CONSENT PUBLIC HEARING CALENDAR The Mayor presented a request by MG Oil Company DBA Corner Pantry, 310 E. Fairmont Blvd. for a Package (off-sale) Malt Beverage License TRANSFER from Robert Steihl DBA Circle S Convenience Store, 310 E. Fairmont Blvd. Motion was made by Costello, second by Olson, to approve the request. Motion carried with LaCroix abstaining. NON-CONSENT PUBLIC HEARING ITEMS – Items 93 – 95 Ordinance 5593 (No. 10RZ012) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on a portion of Tract D located in the


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NE1/4 NW1/4, the 150 foot wide Lancer Drive right-of-way and the 75 foot wide S.D. Highway 44 right-of-way located adjacent to Lancer Drive, all located in the NE1/4 NW1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Lancer Drive having passed its first reading on March 15, 2010; motion was made by Olson, second by Costello that the title be read the second time. Upon vote being taken, the following voted AYE: Waugh, Martinson, Kooiker, Costello, LaCroix, Chapman, Olson, Weifenbach, Kroeger and Hadcock; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5593 was declared duly passed upon its second reading. Ordinance 5594 (No. 10RZ013) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 1E of the NE1/4 NW1/4, the south portion of the Lot E of the NE1/4 NW1/4 lying south of access highway less right-of-way, and the 75 foot wide S.D. Highway 44 right-of-way located adjacent to the south portion of the Lot E of the NE1/4 NW1/4, all located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3150 E. Highway 44 having passed its first reading on March 15, 2010; motion was made by Olson, second by Costello that the title be read the second time. Upon vote being taken, the following voted AYE: Waugh, Martinson, Kooiker, Costello, LaCroix, Chapman, Olson, Weifenbach, Kroeger and Hadcock; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5594 was declared duly passed upon its second reading. The Mayor presented (No. 10SE003) A request by Hills Alive Festival for a Special Exception to the Flood Area Construction Regulations on Tract 20 less Lot H1 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street between North Mount Rushmore Road and Fifth Street in Memorial Park. Motion was made by Olson, second by Costello and carried to approve the request with the following stipulations: 1. That the event will be stopped and the structures removed if ordered by the Police Chief, Fire Chief, Mayor, Emergency Management Director or the Public Works Director; and, 2. That the applicant have someone available on call 24 hours a day to take the tent down should the need arise. BILLS The following bills have been audited. Motion was made by LaCroix, second by Costello and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof. Payroll Paid Ending 03-13-10, Paid 03-19-10 903,739.31 Payroll Paid Ending 03-13-10, Paid 03-19-10 3,139.20 Payroll Paid Ending 03-31-10, Paid 03-31-10 1,210,415.62 Payroll Paid Ending 03-27-10, Paid 04-01-10 880,414.04 Payroll Paid Ending 03-27-10, Paid 04-01-10 3,139.20 Pioneer Bank, Taxes Paid 03-19-10 203,150.53 Pioneer Bank, Taxes Paid 03-19-10 221.24 Pioneer Bank, Taxes Paid 03-31-10 281,508.68 Pioneer Bank, Taxes Paid 04-01-10 202,085.64 Pioneer Bank, Taxes Paid 04-01-10 221.49 SD Dept of Revenue, CCTR Sales Tax Paid 03-19-10 47,112.38 SD Dept of Revenue, Sales Tax Paid 03-19-10 26,623.03 SD Dept of Revenue, Excise Tax Paid 03-19-10 36.71 US Bank, Paid 03-30-10 16,445.13 SD Retirement Special Pay Plan, Paid 03-19-10 45.00 SD Retirement Special Pay Plan, Paid 03-19-10 45.00 First National Bank in Sioux Falls 15,514.43 First Administrators, Paid 03-17-10 56,338.27


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First Administrators, Paid 03-24-10 71,922.30 First Administrators, Paid 03-31-10 90,131.67 Metropolitan Life Insurance, Paid 03-18-10 2,698.11 Bank West, TID 54, Paid 03-19-10 10,671.00 Bank West, TID 55, Paid 03-19-10 6,279.98 Bank West, TID 36, Paid 03-19-10 33,723.02 City of Rapid City, TID 55, Paid 03-19-10 2,093.33 First Interstate Bank, TID 41, Paid 03-19-10 3,564.91 First Interstate Bank, TID 50, Paid 03-19-10 1,174.72 SD Housing Development Authority, TID 51 Paid 03-19-10 943.24 Black Hills Power and Light, Paid 03-25-10 186,427.51 Montana Dakota Utilities, Paid 03-25-10 63,617.11 Montana Dakota Utilities, Paid 04-01-10 8,876.63 Computer Bill List 2,685,034.39 Subtotal $7,017,352.82

Payroll Paid Ending 03-13-10, Paid 03-19-10 2,843.22 Payroll Paid Ending 03-27-10, Paid 04-01-10 2,857.18 Pioneer Bank, Taxes Paid 03-19-10 217.50 Pioneer Bank, Taxes Paid 04-01-10 218.57 City of Rapid City – Postage 1.01 Knology 33.49 Simpson’s Printing 130.00 Angie Weeks 82.08 Total $7,023,735.87 EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2 Motion was made by LaCroix, second by Costello and carried to go into Executive Session at 11:41 P.M. for the reasons permitted by SDCL 1-25-2. The Council came out of Executive Session at 1:03 A.M. with all members present. STAFF DIRECTION Motion was made by Waugh, second by Chapman to appeal the MG Oil litigation matter. Motion carried with LaCroix abstaining. ADJOURN As there was no further business to come before the Council at this time, the meeting was adjourned at 1:05 A.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

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